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COUNCIL - COMPLETE AGENDA - 02/04/2020 - REGULAR MEETING
City of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Kristin Stephens, District 4, Mayor Pro Tem City Hall West Susan Gutowsky, District 1 300 LaPorte Avenue Julie Pignataro, District 2 Fort Collins, Colorado Ken Summers, District 3 Ross Cunniff, District 5 Cablecast on FCTV Channel 14 Emily Gorgol, District 6 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney City Manager City Clerk Regular Meeting February 4, 2020 (amended 2/4/2020) 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 February 16-22, 2020, as “Engineering Week”. B. Proclamation Declaring February 4, 2020, as the "League of Women Voters Day", in honor of the League's 100th Anniversary. (This proclamation is now scheduled to be read on February 18, 2020) C. Proclamation Declaring February 11, 2020, as "211 Day". City of Fort Collins Page 2 Regular Meeting 6:00 p.m. PLEDGE OF ALLEGIANCE CALL MEETING TO ORDER ROLL CALL PRESENTATION OF SERVICE ENTERPRISE CERTIFICATION AWARD (staff: Sue Schaffer) 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. PUBLIC COMMENT 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.] PUBLIC COMMENT 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. If the presiding officer determines that the number of items pulled from the Consent Calendar by citizens is substantial and may impair the Council’s ability to complete the planned agenda, the presiding officer may declare that the following process will be used to simplify consideration of the Citizen-Pulled Consent Items: (1) All citizen-pulled items (to be listed by number) will be considered as a group under the heading “Consideration of Citizen-Pulled Consent Items.” (2) At that time, each citizen wishing to speak will be given a single chance to speak about any and all of the items that have been moved to that part of the agenda. (3) After the citizen comments, any Councilmember may specify items from the list of Citizen-Pulled Consent Items for Council to discuss and vote on individually. Excluding those specified items, Council will then adopt all “Citizen-Pulled Consent Items” as a block, by a single motion, second and vote. (4) Any Citizen-Pulled Consent Items that a Councilmember has asked to be considered individually will then be considered using the regular process for considering discussion items. 1. Second Reading of Ordinance No. 016, 2020, Adopting the 2020 Amended Classified Employee Pay Plan to Update Classified Positions as Provided in the Collective Bargaining Agreement with the Fraternal Order of Police. This Ordinance, unanimously adopted on First Reading on January 21, 2020, amends the 2020 City Classified Employee Pay Plan based on an annual market analysis conducted as agreed upon through the 2019-2021 Collective Bargaining Agreement with the Northern Colorado Lodge #3 of the Fraternal Order of Police (FOP). 2. Second Reading of Ordinance No. 017, 2020, Amending Article IV of Chapter 8 of the Code of the City of Fort Collins Relating to the City's Purchasing and Contracting Procedures and Requirements. This Ordinance, unanimously adopted on First Reading on January 21, 2020 adopts revisions to the purchasing and contracting provisions of the City Code. These changes include: Updated language, definitions, descriptions, and processes Updated timing of public disclosures Update thresholds of authority - minor purchases Excluded select contract types for the five (5) year term limit. 3. Second Reading of Ordinance No. 018, 2020, Authorizing the Sale of the Real Property Located at 906 East Stuart Street to Planet Scale Limited. This Ordinance, unanimously adopted on First Reading on January 21, 2020, authorizes the sale of the City-owned property located at 906 East Stuart Street to Planet Scale Limited, a Colorado limited City of Fort Collins Page 4 liability company, for $291,000. The City has no current or future identified use for the property and disposition of the property will eliminate the City’s ongoing maintenance expenses and liability risk. 4. Second Reading of Ordinance No. 019, 2020, Designating the Buildings of Lots 25 and 26, Block 111 (155 West Mountain Avenue and 130 South Mason Street), Known as the Fort Collins Express/McCormick Building and the McCormick Apartments, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. This Ordinance, unanimously adopted on First Reading on January 21, 2020 designates the property on Lots 25 and 26, Block 111, (155 West Mountain Avenue), including the Fort Collins Express/McCormick Building and McCormick Apartments, as a Fort Collins Landmark. This is a voluntary designation at the owner’s request. 5. Second Reading of Ordinance No. 020, 2020, Repealing and Reenacting Chapter 2, Article II, Division 3 of the Code of the City of Fort Collins Relating to Procedures for Appeals to the City Council. This Ordinance, unanimously adopted on First Reading on January 21, 2020, amends the City Council appeals procedure contained in City Code in order to clarify aspects of the appeals procedures and to improve the appeals process. 6. First Reading of Ordinance No. 021, 2020, Making Appropriations and Authorizing Transfers of Appropriations for the Restorative Justice Services 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 $33,803 has been awarded 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, the Restorative Justice Conferencing Program (RJCP) and the Reflect Program for all other offenses. This amount is the remainder of the total 2019-2020 amount of $67,612. The first portion, $33,809, was appropriated through the 2019 Annual Adjustment Ordinance. This second portion covers expenses incurred January 1, 2020-June 30, 2020. The total grant amount is being appropriated in two separate Ordinances due to changes in state law, which affected the state grant award process. State partners were only able to guarantee half the grants funds in 2019, and then later guaranteed the second half of the funds. The required local match is $22,537, which is 25% of the total funding. This will be met by appropriating $5,370 in cash match funds from the CDNS operating budget previously designated for Restorative Justice Services. No cash match funds for this grant were appropriated in 2019, so this cash match appropriation meets the requirement. The rest of the match is in-kind, designated from the City in the form of office space for grant funded services; $8,584 in office space was met in 2019, and the remaining $8,584 in office space will be met in 2020. The grant period is July 1, 2019, to June 30, 2020. This is the third year in a 3-year cycle for the Juvenile Diversion grant. 7. First Reading of Ordinance No. 022, 2020, Amending Chapter 19 of the Code of the City of Fort Collins Regarding Municipal Court. The purpose of this item is to make various updates to Chapter 19 of the City Code, which governs Municipal Court procedures, to bring the City Code into alignment with current Court practices and legal requirements. City of Fort Collins Page 5 8. Items Relating to Updating Certain Minor Code Violations and Related Penalties. A. First Reading of Ordinance No. 023, 2020, Amending the Code of the City of Fort Collins to Reclassify Certain Offenses as Petty Offenses and Update the Potential Monetary Penalty for Code Violations. B. First Reading of Ordinance No. 024, 2020, Amending Section 17-102 of the Code of the City of Fort Collins Regarding the Offense of Throwing Missiles. The purpose of this item is to reclassify some misdemeanors as petty offenses, update and simplify the maximum possible fine for all types of offenses and amend the throwing missiles offense to reflect behavior that threatens safety and not simply any throwing of anything. 9. First Reading of Ordinance No. 025, 2020, Amending Various Sections of the Fort Collins Traffic Code. The purpose of this item is to ensure that the Fort Collins Traffic Code is consistent with Colorado traffic laws. 10. Items Relating to the Soldier Canyon Pump Station Annexation. A. Resolution 2020-014 Setting Forth Findings of Fact and Determinations Regarding the Soldier Canyon Pump Station Annexation. B. Public Hearing and First Reading of Ordinance No. 026, 2020, Annexing the Property Known as the Soldier Canyon Pump Station Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex the tract of land known as the Soldier Canyon Pump Station Annexation, located at 4316 Laporte Ave. The Applicant, Platte River Power Authority, has submitted a written petition requesting the annexation. The purpose of the annexation is to allow the Soldier Canyon Pump Station to be served by Fort Collins Light and Power, rather than Xcel Energy. This is a voluntary annexation. The Soldier Canyon Pump Station Annexation totals 0.702 acres; it achieves the required 1/6 perimeter boundary contiguity with the existing municipal boundaries to the north, west and south. The site is enclosed on three sides by the City of Fort Collins Water Treatment Facility at 4316 Laporte Avenue. The annexation would incorporate the site into Fort Collins’ municipal boundaries, as well as the Residential Neighborhood Sign District. A related item to zone the annexed property is presented as the next item on this Agenda. 11. Public Hearing and First Reading of Ordinance No. 027, 2020, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Soldier Canyon Pump Station 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 2019-064. The purpose of this item is to apply a zoning to the property included in the annexation known as the Soldier Canyon Pump Station Annexation. Soldier Canyon Pump Station Annexation, owned by the Platte River Power Authority, is located adjacent to the City of Fort Collins Water Treatment Facility at 4316 Laporte Avenue and is 0.702 acres in size. The proposed zoning for this annexation is Residential Foothills (R-F). The surrounding uses include the existing City Water Treatment Plant to the north, south and west, and Colorado State University Solar Farm to the east. The abutting City limits to the north, south and west are zoned Residential Foothills (R-F). Staff also recommends placement into the Residential Neighborhood Sign District. City of Fort Collins Page 6 12. Items Relating to the Timberline-International Annexation No. 1 A. Resolution 2020-015 Setting Forth Findings of Fact and Determinations Regarding the Timberline-International Annexation. No. 1. B. Public Hearing and First Reading of Ordinance No. 028, 2020, Annexing the Property Known as the Timberline-International Annexation No. 1 to the City of Fort Collins, Colorado. The purpose of this item is to annex the first of three sequential tracts of land known collectively as the Timberline-International Annexations. Timberline-International Annexation No. 1 consists of 0.09 acres of North Timberline Road right-of-way and establishes the required 1/6 contiguity with existing City limits. Timberline-International Annexation No. 1, located northeast of the North Timberline Road and International Boulevard intersection, would incorporate the property into Fort Collins’ municipal boundaries, as well as into the Residential Neighborhood Sign District. A related item to zone the annexed property is presented as the next item on this Agenda. 13. Public Hearing and First Reading of Ordinance No. 029, 2020, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Timberline- International Annexation No. 1 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. The purpose of this item is to apply zoning to the property included in the first of three sequential annexations, known as the Timberline-International Annexation No.1. Timberline-International Annexation No. 1 is located northeast of the North Timberline Road and International Boulevard intersection. The proposed zoning for this annexation is Industrial (I). The surrounding properties are existing industrial land uses currently zoned I-Industrial Zoning District (in Larimer County) to the north, south and west. The abutting City limit to the east is zoned Low Density Mixed-Use Neighborhood (L-M-N) and consists of North Timberline Road right-of-way. Staff also recommends placement into the Residential Neighborhood Sign District. 14. Items Relating to the Timberline-International Annexation No. 2 A. Resolution 2020-016 Setting Forth Findings of Fact and Determinations Regarding the Timberline-International Annexation. No. 2. B. Public Hearing and First Reading of Ordinance No. 030, 2020, Annexing the Property Known as the Timberline-International Annexation No. 2 to the City of Fort Collins, Colorado. The purpose of this item is to annex the second of three sequential tracts of land known collectively as the Timberline/International Annexations. Timberline/International Annexation No. 2 consists of 0.86-acres of North Timberline Road and International Boulevard right-of-way, which establishes the required 1/6 contiguity with existing City limits (Timberline-International Annexation No. 1). Timberline-International Annexation No. 2, located northeast of the North Timberline Road and International Boulevard intersection, would incorporate the property into Fort Collins’ municipal boundaries, as well as into the Residential Neighborhood Sign District. A related item to zone the annexed property is presented as the next item on this Agenda. City of Fort Collins Page 7 15. Public Hearing and First Reading of Ordinance No. 031, 2020, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Timberline- International Annexation No. 2 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. The purpose of this item is to apply zoning to the property included in the second of three sequential annexations, known as the Timberline-International Annexation No. 2. Timberline-International Annexation No. 2 is located northeast of the North Timberline Road and International Boulevard intersection. The proposed zoning for this annexation is Industrial (I). The surrounding properties are existing industrial land uses currently zoned I-Industrial Zoning District (in Larimer County) to the north, south and west. The abutting City limit to the east is zoned Low Density Mixed-Use Neighborhood (L-M-N) and consists of North Timberline Road right-of-way. Staff also recommends placement into the Residential Neighborhood Sign District. 16. Items Relating to The Timberline-International Annexation No. 3 A. Resolution 2020-017 Setting Forth Findings of Fact and Determinations Regarding the Timberline-International Annexation. No. 3. B. Public Hearing and First Reading of Ordinance No. 032, 2020, Annexing the Property Known as the Timberline-International Annexation No. 3 to the City of Fort Collins, Colorado. The purpose of this item is to annex the third of three sequential tracts of land known collectively as the Timberline-International Annexations. Timberline-International Annexation No. 3 consists of 1.39- acres, which establishes the required 1/6 contiguity with existing City limits (Timberline-International Annexation No. 2). Timberline-International Annexation No. 3, located northwest of the North Timberline Road and International Boulevard intersection, would incorporate the property into Fort Collins’ municipal boundaries, as well as into the Residential Neighborhood Sign District. A related item to zone the annexed property is presented as the next item on this Agenda. A citizen has asserted that the annexation petition does not comply with statutory requirements because less than fifty percent of the landowners in the area to be annexed who own more than fifty percent of the area, excluding public streets, alleys, and City owned land, signed the annexation petition, if deed-of-trust holders are treated as owners. Staff does not agree that deed-of-trust holders are considered owners for this purpose and believes the petitioner has satisfied all annexation requirements. 17. First Reading of Ordinance No. 033, 2020, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Timberline-International Annexation No. 3 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. The purpose of this item is to zone the property included in the third of three sequential annexations, known as the Timberline-International Annexation No.3. Timberline-International Annexation No. 3 is located northeast of the North Timberline Road and International Boulevard intersection. The proposed zoning for this annexation is Industrial (I). The surrounding properties are existing industrial land uses currently zoned I-Industrial Zoning District (in Larimer County) to the north, south and west. The abutting City limit to the east is zoned Low Density Mixed-Use Neighborhood (L-M-N) and consists of North Timberline Road right-of-way. Staff also recommends placement into the Residential Neighborhood Sign District. City of Fort Collins Page 8 18. Resolution 2020-018 Authorizing the Initiation of Exclusion Proceedings of Annexed Properties Within the Territory of the Poudre Valley Fire Protection District and Authorizing an Intergovernmental Agreement with Said District. The purpose of this item is to authorize the City Attorney to file a petition in Larimer County District Court to exclude properties annexed into the City in 2019 from the Poudre Valley Fire Protection District (the District) in accordance with state law. The properties affected by this Resolution are the Kechter Enclave Annexation, Trilby Substation Enclave Annexation, Friendly Fire Enclave Annexation and Strauss Cabin Enclave Annexation. C.R.S. Section 32-1-502 requires an order of exclusion from the District Court to remove these annexed properties from special district territories. The properties have been receiving fire protection services from the Poudre Fire Authority and will continue to do so. The City Attorney’s Office files the petition in Larimer County District Court each year seeking exclusion for all properties annexed in the previous year that should be removed from the District to avoid double taxation. 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. Water Reclamation and Biosolids Platinum Certification (staff: Jason Graham) COUNCILMEMBER REPORTS CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (three minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. City of Fort Collins Page 9 19. First Reading of Ordinance No. 034, 2020, Amending Chapter 1 of the Code of the City of Fort Collins to Establish Standards for Sentences to Probation and Deferred Judgments and Sentences. (staff: Patty Netherton, Judge Kathleen M. Lane, Jill Hueser; 5 minute staff presentation; 15 minute discussion) The purpose of this item is to add a new article to Chapter 1 of the City Code to describe how probation will be used in Municipal Court as a new sentencing alternative and to codify procedures for deferred judgment and sentencing dispositions. 20. First Reading of Ordinance No. 035, 2020, Appropriating Prior Year Reserves to Purchase Property on North College Avenue for the Affordable Housing Land Bank. (staff: Sue Beck-Ferkiss; 10 minute staff presentation; 20 minute discussion) The purpose of this item is to appropriate funds for the purchase of an approximately 5-acre parcel of land just west of North College Avenue for the City's affordable housing Land Bank Program. 21. First Reading of Ordinance No. 036, 2020, Appropriating Unanticipated Grant Revenue and Authorizing Transfers in the Natural Areas Fund for the Club Outdoors Program. (staff: Zoe Shark; 8 minute staff presentation; 10 minute discussion) The purpose of this item is to appropriate a $70,660 grant awarded by the D.R. & V. Pulliam Charitable Trust into the Natural Areas Department’s 2020 budget. This grant was awarded to support Club Outdoors, an after-school and summer program that connects Boys & Girls Club members to natural areas. Most of the grant ($58,400) will be the salary for two summer internships and a new contractual staff person to run Club Outdoors for one year. The rest of the funds will cover expenses such as transportation, food, and gear for participants. The grant requires the Natural Areas Department to cover the benefits costs of the positions, $16,161, a funding match of approximately 22%. The match will come from previously appropriated Natural Areas Department funds. CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS OTHER BUSINESS A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.) ADJOURNMENT A. Consideration of a motion to adjourn to 6:00 p.m., Tuesday, February 11, 2020. "I move that Council adjourn this meeting to 6:00 p.m., on Tuesday, February 11, 2020, for consideration of a possible executive session and for such other business as may come before the Council.” 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, Engineers Week was started in 1951 by the National Society of Professional Engineers to raise public awareness of engineers’ positive contributions to quality of life; and WHEREAS, Engineers Week is celebrated in February at the time of George Washington’s birthday, because he was an engineer as well as our nation’s first president; and WHEREAS, each year Engineers Week reaches thousands of schools, businesses, and community groups across the United States; and WHEREAS, the important efforts of engineers help drive our economy, protect our environment, and ensure public safety; and WHEREAS, the engineers of the State of Colorado actively help to maintain and sustain the vital infrastructure of our civilized and natural environments; and WHEREAS, engineers help America remain at the forefront of technological development and contribute to countless breakthroughs that improve the quality of life for people throughout the world. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim February 16-22, 2020 as NATIONAL ENGINEERS WEEK in the city of Fort Collins. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 4th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 10 PROCLAMATION This proclamation will be read on February 18, 2020 WHEREAS, the League of Women Voters was founded in 1920 as a “mighty political experiment” by suffragist, Carrie Chapman Catt at the National American Women Suffrage Association; and WHEREAS, its goal was to help the 20 million women who were guaranteed the right to vote by the 19 th Amendment understand and carry out their new responsibility as voters; and WHEREAS, with the success of this effort and tireless efforts over the last 100 years to strengthen and uphold its mission to empower voters and defend democracy, the League has become a trusted non-partisan organization; and WHEREAS, the League has sponsored legislation to protect and strengthen voting rights, free and fair elections, health, civil rights, the environment, social welfare, campaign finance, climate change and civil liberties; and WHEREAS, the League has consistently been noted for its nonpartisan election information, including sponsorship of candidate forums and information on state and local ballot issues, as well as the League’s commitment to register, educate and mobilize voters; and WHEREAS, the League believes that active and engaged citizens, irrespective of gender, ethnicity or political affiliation are the hall mark of democracy and champions government systems that are open, transparent, inclusive and equitable. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins do hereby proclaim February 4, 2020 as LEAGUE OF WOMEN VOTERS DAY in honor of the League of Women Voters significant contribution to empowering voters and making democracy work. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 4th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 11 PROCLAMATION WHEREAS, 211 provides free assistance to more than 1,800 individuals, providing human service referrals to connect Fort Collins residents to vital community resources such as free and confidential crisis and emergency counseling, food resources, health care and insurance assistance, housing and utilities payment assistance, employment services, veteran services, childcare referrals, and family services; and WHEREAS, making the social services ecosystem more efficient in Fort Collins by ensuring people in need are connected to agencies that can help them; and WHEREAS, the City of Fort Collins is a partner within the 211 Colorado network to provide border to border state coverage and assistance for all Coloradoans; and WHEREAS, 211, in partnership with the Larimer County Office of Emergency Management, providing disaster or crisis response for Fort Collins residents; NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim February 11, 2020 as 211 DAY in the city of Fort Collins and encourage all citizens to join in supporting this vital community service. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 4th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 12 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY February 4, 2020 City Council STAFF Jamie Heckman, Compensation and Technology Manager Jenny Lopez Filkins, Legal SUBJECT Second Reading of Ordinance No. 016, 2020, Adopting the 2020 Amended Classified Employee Pay Plan to Update Classified Positions as Provided in the Collective Bargaining Agreement with the Fraternal Order of Police. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 21, 2020, amends the 2020 City Classified Employee Pay Plan based on an annual market analysis conducted as agreed upon through the 2019-2021 Collective Bargaining Agreement with the Northern Colorado Lodge #3 of the Fraternal Order of Police (FOP). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 21, 2020 (w\o attachments) (PDF) 2. Ordinance No. 016, 2020 (PDF) 1 Packet Pg. 13 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY January 21, 2020 City Council STAFF Jamie Heckman, Compensation and Technology Manager Jenny Lopez Filkins, Legal SUBJECT First Reading of Ordinance No. 016, 2020, Adopting the 2020 Amended Classified Employee Pay Plan to Update Classified Positions as Provided in the Collective Bargaining Agreement with the Fraternal Order of Police. EXECUTIVE SUMMARY The purpose of this item is to recommend changes to the 2020 City Classified Employee Pay Plan based on an annual market analysis conducted as agreed upon through the 2019-2021 Collective Bargaining Agreement with the Northern Colorado Lodge #3 of the Fraternal Order of Police (FOP). The Agreement was approved by Council by Resolution on October 2, 2018. The Agreement specifies a salary data collection method and evaluation process that includes market data as of early January. This data has been collected and analyzed, resulting in the revised 2020 City Classified Employee Pay Plan. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City of Fort Collins utilizes a common compensation methodology to assess jobs, combine them into job functions and establish pay ranges. Pay ranges are categorized and grouped, and become the Classified Employee Pay Plan which sets the minimum, midpoint and maximum of pay ranges for the levels within each career group and function. While the methodology for assessing jobs and developing pay ranges for jobs within the FOP’s bargaining unit is outlined in the agreement, Police collective bargaining unit positions are included in the Classified Employee Pay Plan. Council approved the Agreement by Resolution 2018-095 on October 2, 2018. The Agreement specifies a salary data collection method and evaluation process that includes market data as of early January. This analysis includes collecting actual salary data for law enforcement positions from 12 identified benchmark municipalities. It also includes collecting salary data from dispatch centers and municipalities for dispatch and communication positions. The analysis resulted in the following recommended 2020 Pay Plan Structure adjustments: o Police Officer, 3.54% o Police Corporal, 3.54% o Police Sergeant, 3.00% o Police Lieutenant, 3.62% o Community Service Officer, 3.54% o Senior Supervisor, CSO, 3.54% o Emergency Communications Dispatcher, 3.00% COPY ATTACHMENT 1 1.1 Packet Pg. 14 Attachment: First Reading Agenda Item Summary, January 21, 2020 (w\o attachments) (8709 : SR 016 Amended Pay Plan) Agenda Item 11 Item # 11 Page 2 o Senior Supervisor, Emergency Communications, 3.40% o Senior Manager, Emergency Communications, 3.00% Actual employee salary increases are determined administratively and will be implemented using the Council- adopted employee pay increase budget and Police Services operational budget. COPY 1.1 Packet Pg. 15 Attachment: First Reading Agenda Item Summary, January 21, 2020 (w\o attachments) (8709 : SR 016 Amended Pay Plan) -1- ORDINANCE NO. 016, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE 2020 AMENDED CLASSIFIED EMPLOYEES PAY PLAN TO UPDATE CLASSIFIED POSITIONS AS PROVIDED IN THE COLLECTIVE BARGAINING AGREEMENT WITH THE FRATERNAL ORDER OF POLICE WHEREAS, Section 2-566 of the City Code requires that the pay plan for all classified employees of the City shall be established by ordinance of the City Council; and WHEREAS, on December 17, 2019, the City Council adopted Ordinance No. 145, 2019, approving a pay plan for its classified employees for pay to go into effect January 13, 2020 (the “Pay Plan”); and WHEREAS, on October 2, 2018, the City Council adopted Resolution 2018-095 approving a collective bargaining agreement between the City and the Northern Colorado Lodge #3 of the Fraternal Order of Police (“CBA”); and WHEREAS, the CBA contains a provision giving the City until January 5, 2020, to collect market data from several identified benchmark municipalities for the classified positions in the collective bargaining unit; and WHEREAS, such market data has been collected and analyzed and the recommended salary ranges for the bargaining unit classified employees are available to amend the Pay Plan; and WHEREAS, the amendments to the Pay Plan recommended by the City Manager are consistent with City Council objectives and the Council-approved CBA, including the philosophy of establishing pay ranges by using the average actual salaries for benchmark positions to set the mid-point of pay ranges for those positions; and WHEREAS, the City Council believes that the adoption of the recommended, amended pay plan is in the best interests of the City and further believes that the allocation of individual salaries within the Pay Plan should be related to employee performance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby adopts the 2020 Amended City of Fort Collins Classified Employees Pay Plan (the “Amended Plan”), a copy of which is attached hereto as Exhibit “A” and incorporated herein by this reference. Section 3. That the effective date of the Amended Plan shall commence no later than the effective date of this Ordinance. 1.2 Packet Pg. 16 Attachment: Ordinance No. 016, 2020 (8709 : SR 016 Amended Pay Plan) -2- Section 4. That the City Manager shall fix the compensation levels of all classified employees within the pay levels established in the Amended Plan except to the extent that the City Manager determines, due to performance or other extraordinary circumstances, that the pay level of a particular employee should remain below the minimum or be fixed above the maximum for that employee’s job title. Section 5. That the City Manager shall fix the salary for newly created positions or positions that are modified due to changes in job duties within the approved pay structure based on results of an objective job analysis. Introduced, considered favorably on first reading, and ordered published this 21st day of January, A.D. 2020, and to be presented for final passage on the 4th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 4th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk 1.2 Packet Pg. 17 Attachment: Ordinance No. 016, 2020 (8709 : SR 016 Amended Pay Plan) CITY OF FORT COLLINS PAY PLAN INDEX JOB TITLE LEVEL JOB FUNCTION JOB FAMILY TABLE Accountant II P2 FINANCE & ACCOUNTING ACCOUNTING 4 Administrator I, Systems P1 TECHNOLOGY SYSTEMS 3 Analyst I, Apps Software P1 TECHNOLOGY APPLICATIONS SOFTWARE 3 Analyst I, Benefits P1 HUMAN RESOURCES BENEFITS 4 Analyst I, Budget P1 FINANCE & ACCOUNTING BUDGET 4 Analyst I, Data P1 TECHNOLOGY DATA ANALYSIS 3 Analyst I, Finance P1 FINANCE & ACCOUNTING FINANCIAL PLANNING & ANALYSIS 4 Analyst I, GIS P1 TECHNOLOGY GIS 3 Analyst I, HRIS P1 HUMAN RESOURCES HRIS 4 Analyst II, Apps Software P2 TECHNOLOGY APPLICATIONS SOFTWARE 3 Analyst II, Apps Software Dev P2 TECHNOLOGY APPLICATIONS SOFTWARE 3 Analyst II, Benefits P2 HUMAN RESOURCES BENEFITS 4 Analyst II, Compensation P2 HUMAN RESOURCES COMPENSATION 4 Analyst II, Finance P2 FINANCE & ACCOUNTING FINANCIAL PLANNING & ANALYSIS 4 Analyst II, GIS P2 TECHNOLOGY GIS 3 Analyst III, GIS P3 TECHNOLOGY GIS 3 Architect, IT Security P4 TECHNOLOGY INFORMATION SECURITY 3 Architect, Landscape P2 PLANNING PARK PLANNING 1 Architect, Technology P4 TECHNOLOGY TECHNOLOGY 3 Asst Superintendent, Parks OT6 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1 Auditor II, Sales Tax P2 FINANCE & ACCOUNTING REVENUE 4 Bailiff A2 LEGAL JUDICIAL 4 Business Support I A2 ADMINISTRATION ADMINISTRATION 4 Business Support II A3 ADMINISTRATION ADMINISTRATION 4 Business Support III A4 ADMINISTRATION ADMINISTRATION 4 Buyer I P1 FINANCE & ACCOUNTING PURCHASING 4 Buyer II P2 FINANCE & ACCOUNTING PURCHASING 4 Chemist P1 SCIENCES & ENGINEERING SCIENCES 3 Chief Deputy City Clerk P2 ADMINISTRATION MUNICIPAL ADMINISTRATION 4 City Clerk M3 ADMINISTRATION MUNICIPAL ADMINISTRATION 4 City Clerk Administrator A4 ADMINISTRATION MUNICIPAL ADMINISTRATION 4 City Engineer M3 SCIENCES & ENGINEERING ENGINEERING 3 City Traffic Engineer M3 SCIENCES & ENGINEERING ENGINEERING 3 Civil Engineer I P1 SCIENCES & ENGINEERING ENGINEERING 3 Civil Engineer II P2 SCIENCES & ENGINEERING ENGINEERING 3 Civil Engineer III P3 SCIENCES & ENGINEERING ENGINEERING 3 Community Service Officer OT4 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT 5B Coordinator, AR / Billing A4 FINANCE & ACCOUNTING ACCOUNTING 4 Coordinator, Accounting A4 FINANCE & ACCOUNTING ACCOUNTING 4 Coordinator, Accounts Payable A4 FINANCE & ACCOUNTING ACCOUNTING 4 Coordinator, Bldg & Dev Review A4 DEVELOPMENT & COMPLIANCE BUILDING & DEVELOPMENT REVIEW 1 Coordinator, Communications A4 MARKETING & CREATIVE SERVICES COMMUNICATIONS 4 Coordinator, Cultural Services A4 CULTURE, PARKS & RECREATION CULTURAL SERVICES 1 Coordinator, Customer Support A4 CUSTOMER SERVICE CUSTOMER SERVICE 4 Coordinator, Finance A4 FINANCE & ACCOUNTING FINANCIAL PLANNING & ANALYSIS 4 Coordinator, HRIS A4 HUMAN RESOURCES HRIS 4 Coordinator, Outreach A4 PROTECTIVE SERVICES INVESTIGATION 5 Coordinator, Payroll A4 FINANCE & ACCOUNTING ACCOUNTING 4 Coordinator, Public Engagement A4 CUSTOMER SERVICE OUTREACH 4 Court Security Officer OT4 PROTECTIVE SERVICES OPERATIONS 5 Crew Chief, Electric Dist S1 OPERATIONS ELECTRIC UTILITIES 2 Crew Chief, Facilities S1 OPERATIONS FACILITIES & FLEET 2 Crew Chief, Forestry S1 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1 Crew Chief, Natural Areas S1 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1 EXHIBIT A 1.2 Packet Pg. 18 Crew Chief, Parks S1 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1 Crew Chief, Transportation Ops S1 OPERATIONS TRANSPORTATION 2 Crew Chief, Water Field Ops S1 OPERATIONS WATER UTILITIES 2 Crime Analyst A5 PROTECTIVE SERVICES PROCESSING SUPPORT 5 Criminalist A6 PROTECTIVE SERVICES INVESTIGATION 5 Curator P1 CULTURE, PARKS & RECREATION CULTURAL SERVICES 1 Deputy City Clerk A5 ADMINISTRATION MUNICIPAL ADMINISTRATION 4 Deputy Court Administrator S1 LEGAL JUDICIAL 4 Deputy Court Clerk I A3 LEGAL JUDICIAL 4 Deputy Court Clerk II A4 LEGAL JUDICIAL 4 Dir, Economic Sustainability M3 SUSTAINABILITY ECONOMIC SUSTAINABILITY 1 Dir, Electric Distribution M3 OPERATIONS ELECTRIC UTILITIES 2 Dir, Environ Sustainability M3 SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY 1 Dir, Social Sustainability M3 SUSTAINABILITY SOCIAL SUSTAINABILITY 1 Dir, Transportation Operations M3 OPERATIONS TRANSPORTATION 2 Director, Accounting M3 FINANCE & ACCOUNTING ACCOUNTING 4 Director, Budget M3 FINANCE & ACCOUNTING BUDGET 4 Director, Civil Engineering M3 SCIENCES & ENGINEERING ENGINEERING 3 Director, Civil Engineering M3 SCIENCES & ENGINEERING ENGINEERING 3 Director, Communications M3 MARKETING & CREATIVE SERVICES COMMUNICATIONS 4 Director, Cultural Services M3 CULTURE, PARKS & RECREATION CULTURAL SERVICES 1 Director, Elec Engineering M3 SCIENCES & ENGINEERING ENGINEERING 3 Director, FP&A M3 FINANCE & ACCOUNTING FINANCIAL PLANNING & ANALYSIS 4 Director, Facilities & Fleet M3 OPERATIONS FACILITIES & FLEET 2 Director, Human Resources M3 HUMAN RESOURCES TALENT MANAGEMENT 4 Director, Information Services M3 PROTECTIVE SERVICES PROCESSING SUPPORT 5 Director, Park Planning M3 PLANNING PARK PLANNING 1 Director, Parks M3 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1 Director, Plant Operations M3 OPERATIONS PLANT OPERATIONS 2 Director, Purchasing M3 FINANCE & ACCOUNTING PURCHASING 4 Director, Recreation M3 CULTURE, PARKS & RECREATION RECREATION 1 Director, Sciences M3 SCIENCES & ENGINEERING SCIENCES 3 Director, Transit M3 OPERATIONS TRANSPORTATION 2 Director, Water Field Ops M3 OPERATIONS WATER UTILITIES 2 Electrical Engineer I P1 SCIENCES & ENGINEERING ENGINEERING 3 Electrical Engineer II P2 SCIENCES & ENGINEERING ENGINEERING 3 Electrical Engineer III P3 SCIENCES & ENGINEERING ENGINEERING 3 Electrician OT4 OPERATIONS FACILITIES & FLEET 2 Emergency Commun Dispatcher OT4 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT 5A Engineer I, Fiber P1 TECHNOLOGY FIBER 3 Engineer I, Network P1 TECHNOLOGY NETWORK 3 Engineer II, Network P2 TECHNOLOGY NETWORK 3 Engineer II, Systems P2 TECHNOLOGY SYSTEMS 3 Exec Assistant To The City Mgr P1 ADMINISTRATION ADMINISTRATION 4 Executive Admin Assistant A5 ADMINISTRATION ADMINISTRATION 4 Inspector, Code Compliance OT3 DEVELOPMENT & COMPLIANCE COMPLIANCE 1 Investigative Aide A5 PROTECTIVE SERVICES INVESTIGATION 5 Lab Assistant OT1 SCIENCES & ENGINEERING SCIENCES 3 Lead Analyst, Utility Rate P4 FINANCE & ACCOUNTING UTILITY 4 Lead Coord, Communications A6 MARKETING & CREATIVE SERVICES COMMUNICATIONS 4 Lead Coord, Utility Rate/Fee A6 FINANCE & ACCOUNTING UTILITY 4 Lead Inspector Code Compliance OT6 DEVELOPMENT & COMPLIANCE COMPLIANCE 1 Lead Inspector, Construction OT6 DEVELOPMENT & COMPLIANCE COMPLIANCE 1 Lead Park Ranger S1 PROTECTIVE SERVICES OPERATIONS 5 Lead Rep, Customer Support A5 CUSTOMER SERVICE CUSTOMER SERVICE 4 Lead Spc, Cultural Services P3 CULTURE, PARKS & RECREATION CULTURAL SERVICES 1 Lead Spc, Employee Relations P3 HUMAN RESOURCES TALENT MANAGEMENT 4 Lead Spc, Env Sustainability P3 SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY 1 Lead Spc, Process Improvement P3 ADMINISTRATION PROJECT MANAGEMENT 4 Lead Spc, Soc Sustainability P3 SUSTAINABILITY SOCIAL SUSTAINABILITY 1 Lead Specialist, Occptnl Hlth P3 HUMAN RESOURCES WORKFORCE SAFETY & SECURITY 4 Lead Specialist, Safety P3 HUMAN RESOURCES WORKFORCE SAFETY & SECURITY 4 Lead Specialist, Sciences P3 SCIENCES & ENGINEERING SCIENCES 3 Lead Specialist, Security P3 ADMINISTRATION WORKFORCE SAFETY & SECURITY 4 Lead Sr Facilities Project Mgr M1 ADMINISTRATION PROJECT MANAGEMENT 4 Lead Tech, Graphic Design A6 MARKETING & CREATIVE SERVICES MEDIA 4 Lead Technician, Sciences A6 SCIENCES & ENGINEERING SCIENCES 3 Lead Technician, Video Prod A6 MARKETING & CREATIVE SERVICES MEDIA 4 Legal Assistant A3 LEGAL LEGAL 4 Locator, Elec Dist - Field Ops OT3 OPERATIONS ELECTRIC UTILITIES 2 Manager, Active Modes M1 PLANNING TRANSPORTATION PLANNING 1 Manager, Administration M1 OPERATIONS ADMINISTRATION 1 Manager, Applications Software M1 TECHNOLOGY APPLICATIONS SOFTWARE 3 Manager, Apps Software Dev M1 TECHNOLOGY APPLICATIONS SOFTWARE 3 Manager, Broadband M1 OPERATIONS BROADBAND 2 Manager, City Planning M1 PLANNING CITY PLANNING 1 Manager, Civil Engineering M1 SCIENCES & ENGINEERING ENGINEERING 3 Manager, Client Services M1 TECHNOLOGY CLIENT SERVICES 3 Manager, Compliance M1 DEVELOPMENT & COMPLIANCE COMPLIANCE 1 Manager, Construction Inspect M1 DEVELOPMENT & COMPLIANCE COMPLIANCE 1 Manager, Cultural Services M1 CULTURE, PARKS & RECREATION CULTURAL SERVICES 1 Manager, Customer Support M1 CUSTOMER SERVICE CUSTOMER SERVICE 4 Manager, Econ Sustainability M1 SUSTAINABILITY ECONOMIC SUSTAINABILITY 1 Manager, Elec Distr Hi Voltage M1 OPERATIONS ELECTRIC UTILITIES 2 Manager, Env Sustainability M1 SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY 1 Manager, Environ Planning M1 PLANNING ENVIRONMENTAL PLANNING 1 Manager, FP&A M1 FINANCE & ACCOUNTING FINANCIAL PLANNING & ANALYSIS 4 Manager, GIS M1 TECHNOLOGY GIS 3 Manager, Graphic Design M1 MARKETING & CREATIVE SERVICES MEDIA 4 Manager, Historic Preservation M1 PLANNING CITY PLANNING 1 Manager, Marketing M1 MARKETING & CREATIVE SERVICES MARKETING 4 Manager, Payroll M1 FINANCE & ACCOUNTING ACCOUNTING 4 Manager, Plant Operations M1 OPERATIONS PLANT OPERATIONS 2 Manager, Public Engagement M1 CUSTOMER SERVICE OUTREACH 4 Manager, Real Estate M1 OPERATIONS FACILITIES & FLEET 2 Manager, Recreation M1 CULTURE, PARKS & RECREATION RECREATION 1 Manager, Sciences M1 SCIENCES & ENGINEERING SCIENCES 3 Manager, Systems Admin M1 TECHNOLOGY SYSTEMS 3 Manager, Systems Engineering M1 TECHNOLOGY SYSTEMS 3 Manager, Talent Acquisition M1 HUMAN RESOURCES TALENT MANAGEMENT 4 Manager, Talent Development M1 HUMAN RESOURCES TALENT MANAGEMENT 4 Manager, Technical Proj Mgmt M1 ADMINISTRATION PROJECT MANAGEMENT 4 Manager, Traffic Engineering M1 SCIENCES & ENGINEERING ENGINEERING 3 Manager, Transportation Ops M1 OPERATIONS TRANSPORTATION 2 Manager, Transportation Plng M1 PLANNING TRANSPORTATION PLANNING 1 Manager, Video Production M1 MARKETING & CREATIVE SERVICES MEDIA 4 Manager, Water Field Ops M1 OPERATIONS WATER UTILITIES 2 Manager, Wellness M1 HUMAN RESOURCES BENEFITS 4 Master Electrician OT6 OPERATIONS FACILITIES & FLEET 2 Mechanical Engineer I P1 SCIENCES & ENGINEERING ENGINEERING 3 Mechanical Engineer III P3 SCIENCES & ENGINEERING ENGINEERING 3 Municipal Court Administrator S2 LEGAL JUDICIAL 4 Municipal Court Case Worker A5 LEGAL JUDICIAL 4 Natural Areas Trail Ranger OT4 PROTECTIVE SERVICES OPERATIONS 5 Officer I, Enforcement OT2 PROTECTIVE SERVICES OPERATIONS 5 Officer I, Transportation Ops OT2 OPERATIONS TRANSPORTATION 2 Officer II, Enforcement OT3 PROTECTIVE SERVICES OPERATIONS 5 Operator I, Transit OT2 OPERATIONS TRANSPORTATION 2 Operator I, Transportation Ops OT2 OPERATIONS TRANSPORTATION 2 Operator II, Transit OT3 OPERATIONS TRANSPORTATION 2 Planner, Environmental P2 PLANNING ENVIRONMENTAL PLANNING 1 Planner, Transit P2 PLANNING TRANSPORTATION PLANNING 1 Planner, Transportation P2 PLANNING TRANSPORTATION PLANNING 1 Plans Examiner A6 DEVELOPMENT & COMPLIANCE BUILDING & DEVELOPMENT REVIEW 1 Police Assistant Chief M3 PROTECTIVE SERVICES POLICE ADMINISTRATION 5 Police Corporal S1 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT 5C Police Lieutenant M2 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT 5C Police Officer OT6 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT 5C Police Psychologist P4 PROTECTIVE SERVICES INVESTIGATION 5 Police Sergeant S2 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT 5C Probation Officer A5 LEGAL JUDICIAL 4 Project Analyst P1 ADMINISTRATION PROJECT MANAGEMENT 4 Project Coordinator A5 ADMINISTRATION PROJECT MANAGEMENT 4 Project Manager P2 ADMINISTRATION PROJECT MANAGEMENT 4 Rep I, Customer Support A2 CUSTOMER SERVICE CUSTOMER SERVICE 4 Rep II, Customer Support A3 CUSTOMER SERVICE CUSTOMER SERVICE 4 Rep II, Police Records A3 PROTECTIVE SERVICES PROCESSING SUPPORT 5 Specialist, Active Modes P1 PLANNING TRANSPORTATION PLANNING 1 Specialist, City Planning P1 PLANNING CITY PLANNING 1 Specialist, Communications P1 MARKETING & CREATIVE SERVICES COMMUNICATIONS 4 Specialist, Compliance P1 DEVELOPMENT & COMPLIANCE COMPLIANCE 1 Specialist, Customer Support P1 CUSTOMER SERVICE CUSTOMER SERVICE 4 Specialist, Econ Sustainabilty P1 SUSTAINABILITY ECONOMIC SUSTAINABILITY 1 Specialist, Env Sustainability P1 SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY 1 Specialist, Facilities P1 OPERATIONS FACILITIES & FLEET 2 Specialist, Outreach P1 PROTECTIVE SERVICES INVESTIGATION 5 Specialist, Public Engagement P1 CUSTOMER SERVICE OUTREACH 4 Specialist, Safety P1 HUMAN RESOURCES WORKFORCE SAFETY & SECURITY 4 Specialist, Sales P1 MARKETING & CREATIVE SERVICES SALES 4 Specialist, Sciences P1 SCIENCES & ENGINEERING SCIENCES 3 Specialist, Social Sustain P1 SUSTAINABILITY SOCIAL SUSTAINABILITY 1 Specialist, Talent Acquisition P1 HUMAN RESOURCES TALENT MANAGEMENT 4 Specialist, Talent Development P1 HUMAN RESOURCES TALENT MANAGEMENT 4 Specialist, Wellness P1 HUMAN RESOURCES BENEFITS 4 Sr Accountant P3 FINANCE & ACCOUNTING ACCOUNTING 4 Sr Administrator, Database P3 TECHNOLOGY DATABASE 3 Sr Administrator, Systems P3 TECHNOLOGY SYSTEMS 3 Sr Analyst, Apps Software P3 TECHNOLOGY APPLICATIONS SOFTWARE 3 Sr Analyst, Apps Software Dev P3 TECHNOLOGY APPLICATIONS SOFTWARE 3 Sr Analyst, Budget P3 FINANCE & ACCOUNTING BUDGET 4 Sr Analyst, Business Systems P3 FINANCE & ACCOUNTING FINANCIAL PLANNING & ANALYSIS 4 Sr Analyst, Compensation P3 HUMAN RESOURCES COMPENSATION 4 Sr Analyst, Finance P3 FINANCE & ACCOUNTING FINANCIAL PLANNING & ANALYSIS 4 Sr Analyst, HRIS P3 HUMAN RESOURCES HRIS 4 Sr Analyst, IT Security P3 TECHNOLOGY INFORMATION SECURITY 3 Sr Analyst, Systems P3 TECHNOLOGY SYSTEMS 3 Sr Analyst, Treasury P3 FINANCE & ACCOUNTING TREASURY / INVESTMENT 4 Sr Architect, Landscape P3 PLANNING PARK PLANNING 1 Sr Buyer P3 FINANCE & ACCOUNTING PURCHASING 4 Sr Coord, Sales Tax Audit Rev A5 FINANCE & ACCOUNTING REVENUE 4 Sr Coordinator, AP A5 FINANCE & ACCOUNTING ACCOUNTING 4 Sr Coordinator, Accounting A5 FINANCE & ACCOUNTING ACCOUNTING 4 Sr Coordinator, Active Modes A5 PLANNING TRANSPORTATION PLANNING 1 Sr Coordinator, Benefits A5 HUMAN RESOURCES BENEFITS 4 Sr Coordinator, Communications A5 MARKETING & CREATIVE SERVICES COMMUNICATIONS 4 Sr Coordinator, Cultural Svcs A5 CULTURE, PARKS & RECREATION CULTURAL SERVICES 1 Sr Coordinator, Forestry A5 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1 Sr Coordinator, HRIS A5 HUMAN RESOURCES HRIS 4 Sr Coordinator, Marketing A5 MARKETING & CREATIVE SERVICES MARKETING 4 Sr Coordinator, Payroll A5 FINANCE & ACCOUNTING ACCOUNTING 4 Sr Coordinator, Wellness A5 HUMAN RESOURCES BENEFITS 4 Sr Engineer, Network P3 TECHNOLOGY NETWORK 3 Sr Engineer, Systems P3 TECHNOLOGY SYSTEMS 3 Sr Facilities Project Manager P3 ADMINISTRATION PROJECT MANAGEMENT 4 Sr Inspector, Code Compliance OT5 DEVELOPMENT & COMPLIANCE COMPLIANCE 1 Sr Inspector, Compliance OT5 DEVELOPMENT & COMPLIANCE COMPLIANCE 1 Sr Inspector, Construction OT5 DEVELOPMENT & COMPLIANCE COMPLIANCE 1 Sr Inspector, Zoning OT5 DEVELOPMENT & COMPLIANCE COMPLIANCE 1 Sr Legal Assistant A4 LEGAL LEGAL 4 Sr Locator, Elec Dist Field Op OT4 OPERATIONS ELECTRIC UTILITIES 2 Sr Manager, Accounting M2 FINANCE & ACCOUNTING ACCOUNTING 4 Sr Manager, Apps Software M2 TECHNOLOGY APPLICATIONS SOFTWARE 3 Sr Manager, Benefits M2 HUMAN RESOURCES BENEFITS 4 Sr Manager, Bldg & Dev Review M2 DEVELOPMENT & COMPLIANCE BUILDING & DEVELOPMENT REVIEW 1 Sr Manager, Civil Engineering M2 SCIENCES & ENGINEERING ENGINEERING 3 Sr Manager, Compensation M2 HUMAN RESOURCES COMPENSATION 4 Sr Manager, Cultural Services M2 CULTURE, PARKS & RECREATION CULTURAL SERVICES 1 Sr Manager, Cultural Services M2 CULTURE, PARKS & RECREATION CULTURAL SERVICES 1 Sr Manager, Customer Support M2 CUSTOMER SERVICE CUSTOMER SERVICE 4 Sr Manager, Econ Sustainabilty M2 SUSTAINABILITY ECONOMIC SUSTAINABILITY 1 Sr Manager, Elec Engineering M2 SCIENCES & ENGINEERING ENGINEERING 3 Sr Manager, Emergency Comms M2 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT 5A Sr Manager, Env Sustain M2 SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY 1 Sr Manager, Facilities & Fleet M2 OPERATIONS FACILITIES & FLEET 2 Sr Manager, Forestry M2 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1 Sr Manager, Information Svcs M2 PROTECTIVE SERVICES PROCESSING SUPPORT 5 Sr Manager, Mechanical Engr M2 SCIENCES & ENGINEERING ENGINEERING 3 Sr Manager, Natural Areas M2 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1 Sr Manager, Neighborhood Svcs M2 DEVELOPMENT & COMPLIANCE NEIGHBORHOOD SERVICES 1 Sr Manager, Network Engineerng M2 TECHNOLOGY NETWORK 3 Sr Manager, OEM M2 ADMINISTRATION PROJECT MANAGEMENT 4 Sr Manager, Parks M2 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1 Sr Manager, Sales Tax/Revenue M2 FINANCE & ACCOUNTING REVENUE 4 Sr Manager, Sciences M2 SCIENCES & ENGINEERING SCIENCES 3 Sr Manager, Technology M2 TECHNOLOGY TECHNOLOGY 3 Sr Manager, Traffic Engr M2 SCIENCES & ENGINEERING ENGINEERING 3 Sr Manager, Transit M2 OPERATIONS TRANSPORTATION 2 Sr Manager, Transportation Pln M2 PLANNING TRANSPORTATION PLANNING 1 Sr Manager, Water Engineering M2 SCIENCES & ENGINEERING ENGINEERING 3 Sr Mgr, Workforce Safety Secur M2 HUMAN RESOURCES WORKFORCE SAFETY & SECURITY 4 Sr Planner, City P3 PLANNING CITY PLANNING 1 Sr Planner, Environmental P3 PLANNING ENVIRONMENTAL PLANNING 1 Sr Planner, Transportation P3 PLANNING TRANSPORTATION PLANNING 1 Sr Project Manager P3 ADMINISTRATION PROJECT MANAGEMENT 4 Sr Rep, Cultural Svcs A4 CULTURE, PARKS & RECREATION CULTURAL SERVICES 1 Sr Spc, Neighborhood Svcs P2 DEVELOPMENT & COMPLIANCE NEIGHBORHOOD SERVICES 1 Sr Spc, Process Improvement P2 ADMINISTRATION PROJECT MANAGEMENT 4 Sr Specialist, Communications P2 MARKETING & CREATIVE SERVICES COMMUNICATIONS 4 Sr Specialist, Cust Support P2 CUSTOMER SERVICE CUSTOMER SERVICE 4 Sr Specialist, Econ Sustain P2 SUSTAINABILITY ECONOMIC SUSTAINABILITY 1 Sr Specialist, Env Compliance P2 SUSTAINABILITY COMPLIANCE 1 Sr Specialist, Enviro Sustain P2 SUSTAINABILITY ENVIRONMENTAL SUSTAINABILITY 1 Sr Specialist, OEM P2 ADMINISTRATION PROJECT MANAGEMENT 4 Sr Specialist, Outreach P2 PROTECTIVE SERVICES INVESTIGATION 5 Sr Specialist, Parks P2 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1 Sr Specialist, Public Engage P2 CUSTOMER SERVICE OUTREACH 4 Sr Specialist, Real Estate P2 OPERATIONS FACILITIES & FLEET 2 Sr Specialist, Recreation P2 CULTURE, PARKS & RECREATION RECREATION 1 Sr Specialist, Sciences P2 SCIENCES & ENGINEERING SCIENCES 3 Sr Supervisor, AR / Billing S2 FINANCE & ACCOUNTING ACCOUNTING 4 Sr Supervisor, Cust Support S2 CUSTOMER SERVICE CUSTOMER SERVICE 4 Sr Supervisor, Electric Dist S2 OPERATIONS ELECTRIC UTILITIES 2 Sr Supervisor, Emergency Comms S2 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT 5A Sr Supervisor, Facilities S2 OPERATIONS FACILITIES & FLEET 2 Sr Supervisor, Fleet S2 OPERATIONS FACILITIES & FLEET 2 Sr Supervisor, Forestry S2 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1 Sr Supervisor, HRIS S2 HUMAN RESOURCES HRIS 4 Sr Supervisor, Information Svc S2 PROTECTIVE SERVICES PROCESSING SUPPORT 5 Sr Supervisor, Maintenance S2 OPERATIONS PLANT OPERATIONS 2 Sr Supervisor, Marketing S2 MARKETING & CREATIVE SERVICES MARKETING 4 Sr Supervisor, Mechanical Engr S2 SCIENCES & ENGINEERING ENGINEERING 3 Sr Supervisor, Natural Areas S2 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1 Sr Supervisor, Neighbrhood Svc S2 DEVELOPMENT & COMPLIANCE NEIGHBORHOOD SERVICES 1 Sr Supervisor, Parks S2 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1 Sr Supervisor, Plant Ops S2 OPERATIONS PLANT OPERATIONS 2 Sr Supervisor, Plant Ops S2 OPERATIONS PLANT OPERATIONS 2 Sr Supervisor, Process Support S2 PROTECTIVE SERVICES PROCESSING SUPPORT 5 Sr Supervisor, Project Mgmt S2 ADMINISTRATION PROJECT MANAGEMENT 4 Sr Supervisor, Public Engage S2 CUSTOMER SERVICE OUTREACH 4 Sr Supervisor, Recreation S2 CULTURE, PARKS & RECREATION RECREATION 1 Sr Supervisor, Sciences S2 SCIENCES & ENGINEERING SCIENCES 3 Sr Supervisor, Transit S2 OPERATIONS TRANSPORTATION 2 Sr Supervisor, Transportn Ops S2 OPERATIONS TRANSPORTATION 2 Sr Tech, Processing Support A5 PROTECTIVE SERVICES PROCESSING SUPPORT 5 Sr Tech, Transportation Ops OT5 OPERATIONS TRANSPORTATION 2 Sr Technical Project Manager P3 ADMINISTRATION PROJECT MANAGEMENT 4 Sr Technician, Client Services A5 TECHNOLOGY CLIENT SERVICES 3 Sr Technician, Facilities OT5 OPERATIONS FACILITIES & FLEET 2 Sr Technician, Fiber OT5 TECHNOLOGY FIBER 3 Sr Technician, Maintenance OT5 OPERATIONS PLANT OPERATIONS 2 Sr Technician, Network Engr A5 TECHNOLOGY NETWORK 3 Sr Technician, Police Admin A5 PROTECTIVE SERVICES POLICE ADMINISTRATION 5 Sr Technician, Traffic Engr OT5 SCIENCES & ENGINEERING ENGINEERING 3 Sr Technician, Video Prod A5 MARKETING & CREATIVE SERVICES MEDIA 4 Sr Technician, Water Field Ops OT5 OPERATIONS WATER UTILITIES 2 Supervisor, Administration S1 ADMINISTRATION ADMINISTRATION 4 Supervisor, Bldg & Dev Rev S1 DEVELOPMENT & COMPLIANCE BUILDING & DEVELOPMENT REVIEW 1 Supervisor, Civil Engineering S1 SCIENCES & ENGINEERING ENGINEERING 3 Supervisor, Client Services S1 TECHNOLOGY CLIENT SERVICES 3 Supervisor, Cultural Services S1 CULTURE, PARKS & RECREATION CULTURAL SERVICES 1 Supervisor, Customer Support S1 CUSTOMER SERVICE CUSTOMER SERVICE 4 Supervisor, Energy Services S1 OPERATIONS FACILITIES & FLEET 2 Supervisor, Enforcement S1 PROTECTIVE SERVICES OPERATIONS 5 Supervisor, Facilities S1 OPERATIONS FACILITIES & FLEET 2 Supervisor, Fleet S1 OPERATIONS FACILITIES & FLEET 2 Supervisor, Network Engr S1 TECHNOLOGY NETWORK 3 Supervisor, Plant Operations S1 OPERATIONS PLANT OPERATIONS 2 Supervisor, Plant Operations S1 OPERATIONS PLANT OPERATIONS 2 Supervisor, Transit S1 OPERATIONS TRANSPORTATION 2 Tech II, Processing Support A4 PROTECTIVE SERVICES PROCESSING SUPPORT 5 Tech II, Sales Tax Audit & Rev A4 FINANCE & ACCOUNTING REVENUE 4 Tech II, Transportation Ops OT4 OPERATIONS TRANSPORTATION 2 Technician I, Bldg Dev Review A3 DEVELOPMENT & COMPLIANCE BUILDING & DEVELOPMENT REVIEW 1 Technician I, Civil Engr OT3 SCIENCES & ENGINEERING ENGINEERING 3 Technician I, Customer Support OT3 CUSTOMER SERVICE CUSTOMER SERVICE 4 Technician I, Facilities OT3 OPERATIONS FACILITIES & FLEET 2 Technician I, Fiber OT3 OPERATIONS FIBER 2 Technician I, Fleet OT3 OPERATIONS FACILITIES & FLEET 2 Technician I, Forestry OT3 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1 Technician I, Natural Areas OT3 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1 Technician II, Client Services A4 TECHNOLOGY CLIENT SERVICES 3 Technician II, Energy Services OT4 OPERATIONS FACILITIES & FLEET 2 Technician II, Facilities OT4 OPERATIONS FACILITIES & FLEET 2 Technician II, Fiber OT4 TECHNOLOGY FIBER 3 Technician II, Fleet OT4 OPERATIONS FACILITIES & FLEET 2 Technician II, Forestry OT4 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1 Technician II, GIS A4 TECHNOLOGY GIS 3 Technician II, Graphic Design A4 MARKETING & CREATIVE SERVICES MEDIA 4 Technician II, Maintenance OT4 OPERATIONS PLANT OPERATIONS 2 Technician II, Natural Areas OT4 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1 Technician II, Network Engr A4 TECHNOLOGY NETWORK 3 Technician II, Police Records A4 PROTECTIVE SERVICES PROCESSING SUPPORT 5 Technician II, Sciences A4 SCIENCES & ENGINEERING SCIENCES 3 Technician II, Traffic Engr OT4 SCIENCES & ENGINEERING ENGINEERING 3 Technician II, Video Prod A4 MARKETING & CREATIVE SERVICES MEDIA 4 Technician II, Water Engr OT4 SCIENCES & ENGINEERING ENGINEERING 3 Technician II, Wtr Field Util OT4 OPERATIONS WATER UTILITIES 2 Victim Advocate A4 PROTECTIVE SERVICES INVESTIGATION 5 Water Engineer II P2 SCIENCES & ENGINEERING ENGINEERING 3 Worker I, Facilities OT1 OPERATIONS FACILITIES & FLEET 2 Worker I, Parks OT1 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1 Worker I, Recreation OT1 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1 Worker I, Transit OT1 OPERATIONS TRANSPORTATION 2 Worker I, Transportation Ops OT1 OPERATIONS TRANSPORTATION 2 Worker II, Cultural Services OT2 CULTURE, PARKS & RECREATION CULTURAL SERVICES 1 Worker II, Facilities OT2 OPERATIONS FACILITIES & FLEET 2 Worker II, Fleet OT2 OPERATIONS FACILITIES & FLEET 2 1.2 Packet Pg. 24 Attachment: Ordinance No. 016, 2020 (8709 : SR 016 Amended Pay Plan) CITY OF FORT COLLINS 2020 PAY PLAN TABLE: 1 SUSTAINABILITY, PLANNING, CULTURE, PARKS & RECREATION, DEVELOPMENT & COMPLIANCE 1 2.00 MANAGERIAL MINIMUM MIDPOINT MAXIMUM 1.00 M3 $3,393.08 $4,524.08 $5,655.12 $7,351.67 $9,802.17 $88,220.00 $117,626.00 $147,033.00 $12,252.75 BIWEEKLY MONTHLY ANNUAL 2.00 M2 $3,098.92 $4,131.88 $5,164.85 $6,714.33 $8,952.42 $80,572.00 $107,429.00 $134,286.00 $11,190.50 BIWEEKLY MONTHLY ANNUAL 3.00 M1 $2,804.77 $3,739.69 $4,674.62 $6,077.00 $8,102.67 $72,924.00 $97,232.00 $121,540.00 $10,128.33 BIWEEKLY MONTHLY ANNUAL 4.00 S2 $2,302.65 $3,070.19 $3,837.73 $4,989.08 $6,652.08 $59,869.00 $79,825.00 $99,781.00 $8,315.08 BIWEEKLY MONTHLY ANNUAL 5.00 S1 $2,026.35 $2,701.77 $3,377.23 $4,390.42 $5,853.83 $52,685.00 $70,246.00 $87,808.00 $7,317.33 BIWEEKLY MONTHLY ANNUAL 5.00 PROFESSIONAL MINIMUM MIDPOINT MAXIMUM 2.00 P3 $2,281.04 $3,041.38 $3,801.73 $4,942.25 $6,589.67 $59,307.00 $79,076.00 $98,845.00 $8,237.08 BIWEEKLY MONTHLY ANNUAL 3.00 P2 $2,007.31 $2,676.42 $3,345.54 $4,349.17 $5,798.92 $52,190.00 $69,587.00 $86,984.00 CITY OF FORT COLLINS 2020 PAY PLAN TABLE: 1 SUSTAINABILITY, PLANNING, CULTURE, PARKS & RECREATION, DEVELOPMENT & COMPLIANCE 6.00 ADMINISTRATIVE MINIMUM MIDPOINT MAXIMUM 1.00 A6 $2,008.73 $2,510.92 $3,013.12 $4,352.25 $5,440.33 $52,227.00 $65,284.00 $78,341.00 $6,528.42 BIWEEKLY MONTHLY ANNUAL 2.00 A5 $1,826.15 $2,282.65 $2,739.19 $3,956.67 $4,945.75 $47,480.00 $59,349.00 $71,219.00 $5,934.92 BIWEEKLY MONTHLY ANNUAL 3.00 A4 $1,660.12 $2,075.15 $2,490.19 $3,596.92 $4,496.17 $43,163.00 $53,954.00 $64,745.00 $5,395.42 BIWEEKLY MONTHLY ANNUAL 4.00 A3 $1,494.12 $1,867.65 $2,241.15 $3,237.25 $4,046.58 $38,847.00 $48,559.00 $58,270.00 $4,855.83 BIWEEKLY MONTHLY ANNUAL 5.00 A2 $1,344.69 $1,680.88 $2,017.08 $2,913.50 $3,641.92 $34,962.00 $43,703.00 $52,444.00 $4,370.33 BIWEEKLY MONTHLY ANNUAL 7.00 OPERATIONS & SKILLED TRADE MINIMUM MIDPOINT MAXIMUM 1.00 OT6 $2,156.92 $2,696.15 $3,235.38 $4,673.33 $5,841.67 $56,080.00 $70,100.00 $84,120.00 $7,010.00 BIWEEKLY MONTHLY ANNUAL 2.00 OT5 $1,941.23 $2,426.54 $2,911.85 $4,206.00 $5,257.50 $50,472.00 $63,090.00 $75,708.00 $6,309.00 CITY OF FORT COLLINS 2020 PAY PLAN TABLE: 2 OPERATIONS 2 2.00 MANAGERIAL MINIMUM MIDPOINT MAXIMUM 1.00 M3 $4,186.00 $5,581.31 $6,976.65 $9,069.67 $12,092.83 $108,836.00 $145,114.00 $181,393.00 $15,116.08 BIWEEKLY MONTHLY ANNUAL 2.00 M2 $3,558.08 $4,744.12 $5,930.12 $7,709.17 $10,278.92 $92,510.00 $123,347.00 $154,183.00 $12,848.58 BIWEEKLY MONTHLY ANNUAL 3.00 M1 $3,024.38 $4,032.50 $5,040.62 $6,552.83 $8,737.08 $78,634.00 $104,845.00 $131,056.00 $10,921.33 BIWEEKLY MONTHLY ANNUAL 4.00 S2 $2,412.54 $3,216.69 $4,020.88 $5,227.17 $6,969.50 $62,726.00 $83,634.00 $104,543.00 $8,711.92 BIWEEKLY MONTHLY ANNUAL 5.00 S1 $2,123.00 $2,830.69 $3,538.35 $4,599.83 $6,133.17 $55,198.00 $73,598.00 $91,997.00 $7,666.42 BIWEEKLY MONTHLY ANNUAL 5.00 PROFESSIONAL MINIMUM MIDPOINT MAXIMUM 3.00 P2 $1,909.62 $2,546.15 $3,182.69 $4,137.50 $5,516.67 $49,650.00 $66,200.00 $82,750.00 $6,895.83 BIWEEKLY MONTHLY ANNUAL 4.00 P1 $1,680.46 $2,240.62 $2,800.77 $3,641.00 $4,854.67 $43,692.00 $58,256.00 $72,820.00 CITY OF FORT COLLINS 2020 PAY PLAN TABLE: 2 OPERATIONS 7.00 OPERATIONS & SKILLED TRADE MINIMUM MIDPOINT MAXIMUM 1.00 OT6 $2,180.38 $2,725.46 $3,270.58 $4,724.17 $5,905.17 $56,690.00 $70,862.00 $85,035.00 $7,086.25 BIWEEKLY MONTHLY ANNUAL 2.00 OT5 $1,982.15 $2,477.69 $2,973.23 $4,294.67 $5,368.33 $51,536.00 $64,420.00 $77,304.00 $6,442.00 BIWEEKLY MONTHLY ANNUAL 3.00 OT4 $1,801.96 $2,252.46 $2,702.96 $3,904.25 $4,880.33 $46,851.00 $58,564.00 $70,277.00 $5,856.42 BIWEEKLY MONTHLY ANNUAL 4.00 OT3 $1,638.15 $2,047.69 $2,457.23 $3,549.33 $4,436.67 $42,592.00 $53,240.00 $63,888.00 $5,324.00 BIWEEKLY MONTHLY ANNUAL 5.00 OT2 $1,489.23 $1,861.54 $2,233.85 $3,226.67 $4,033.33 $38,720.00 $48,400.00 $58,080.00 $4,840.00 BIWEEKLY MONTHLY ANNUAL 6.00 OT1 $1,353.85 $1,692.31 $2,030.77 $2,933.33 $3,666.67 $35,200.00 $44,000.00 $52,800.00 $4,400.00 BIWEEKLY MONTHLY ANNUAL Page 11 of 20 1.2 Packet Pg. 28 Attachment: Ordinance No. 016, 2020 (8709 : SR 016 Amended Pay Plan) CITY OF FORT COLLINS 2020 PAY PLAN TABLE: 3 SCIENCES & ENGINEERING, TECHNOLOGY 3 2.00 MANAGERIAL MINIMUM MIDPOINT MAXIMUM 1.00 M3 $4,106.35 $5,475.15 $6,843.92 $8,897.08 $11,862.83 $106,765.00 $142,354.00 $177,942.00 $14,828.50 BIWEEKLY MONTHLY ANNUAL 2.00 M2 $3,570.77 $4,761.00 $5,951.27 $7,736.67 $10,315.50 $92,840.00 $123,786.00 $154,733.00 $12,894.42 BIWEEKLY MONTHLY ANNUAL 3.00 M1 $3,105.00 $4,140.00 $5,175.00 $6,727.50 $8,970.00 $80,730.00 $107,640.00 $134,550.00 $11,212.50 BIWEEKLY MONTHLY ANNUAL 4.00 S2 $2,700.00 $3,600.00 $4,500.00 $5,850.00 $7,800.00 $70,200.00 $93,600.00 $117,000.00 $9,750.00 BIWEEKLY MONTHLY ANNUAL 5.00 S1 $2,376.00 $3,168.00 $3,960.00 $5,148.00 $6,864.00 $61,776.00 $82,368.00 $102,960.00 $8,580.00 BIWEEKLY MONTHLY ANNUAL 5.00 PROFESSIONAL MINIMUM MIDPOINT MAXIMUM 1.00 P4 $3,336.62 $4,448.81 $5,561.00 $7,229.33 $9,639.08 $86,752.00 $115,669.00 $144,586.00 $12,048.83 BIWEEKLY MONTHLY ANNUAL 2.00 P3 $2,936.23 $3,914.96 $4,893.69 $6,361.83 $8,482.42 $76,342.00 $101,789.00 $127,236.00 CITY OF FORT COLLINS 2020 PAY PLAN TABLE: 3 SCIENCES & ENGINEERING, TECHNOLOGY 6.00 ADMINISTRATIVE MINIMUM MIDPOINT MAXIMUM 1.00 A6 $2,077.46 $2,596.85 $3,116.23 $4,501.17 $5,626.50 $54,014.00 $67,518.00 $81,022.00 $6,751.83 BIWEEKLY MONTHLY ANNUAL 2.00 A5 $1,888.62 $2,360.77 $2,832.92 $4,092.00 $5,115.00 $49,104.00 $61,380.00 $73,656.00 $6,138.00 BIWEEKLY MONTHLY ANNUAL 3.00 A4 $1,716.92 $2,146.15 $2,575.38 $3,720.00 $4,650.00 $44,640.00 $55,800.00 $66,960.00 $5,580.00 BIWEEKLY MONTHLY ANNUAL 7.00 OPERATIONS & SKILLED TRADE MINIMUM MIDPOINT MAXIMUM 2.00 OT5 $2,129.50 $2,661.85 $3,194.23 $4,613.92 $5,767.33 $55,367.00 $69,208.00 $83,050.00 $6,920.83 BIWEEKLY MONTHLY ANNUAL 3.00 OT4 $1,953.65 $2,442.08 $2,930.50 $4,232.92 $5,291.17 $50,795.00 $63,494.00 $76,193.00 $6,349.42 BIWEEKLY MONTHLY ANNUAL 4.00 OT3 $1,758.31 $2,197.88 $2,637.46 $3,809.67 $4,762.08 $45,716.00 $57,145.00 $68,574.00 $5,714.50 BIWEEKLY MONTHLY ANNUAL 5.00 OT2 $1,582.46 $1,978.08 $2,373.69 $3,428.67 $4,285.83 $41,144.00 $51,430.00 $61,716.00 $5,143.00 CITY OF FORT COLLINS 2020 PAY PLAN TABLE: 4 HUMAN RESOURCES, FINANCE & ACCTG, CUSTOMER SERVICE, ADMINISTRATION, MARKETING, LEGAL 4 2.00 MANAGERIAL MINIMUM MIDPOINT MAXIMUM 1.00 M3 $3,842.88 $5,123.88 $6,404.85 $8,326.25 $11,101.75 $99,915.00 $133,221.00 $166,526.00 $13,877.17 BIWEEKLY MONTHLY ANNUAL 2.00 M2 $3,341.69 $4,455.54 $5,569.46 $7,240.33 $9,653.67 $86,884.00 $115,844.00 $144,806.00 $12,067.17 BIWEEKLY MONTHLY ANNUAL 3.00 M1 $2,905.81 $3,874.38 $4,843.00 $6,295.92 $8,394.50 $75,551.00 $100,734.00 $125,918.00 $10,493.17 BIWEEKLY MONTHLY ANNUAL 4.00 S2 $2,223.00 $2,999.62 $3,705.00 $4,816.50 $6,499.17 $57,798.00 $77,990.00 $96,330.00 $8,027.50 BIWEEKLY MONTHLY ANNUAL 5.00 S1 $1,956.23 $2,608.31 $3,260.38 $4,238.50 $5,651.33 $50,862.00 $67,816.00 $84,770.00 $7,064.17 BIWEEKLY MONTHLY ANNUAL 5.00 PROFESSIONAL MINIMUM MIDPOINT MAXIMUM 1.00 P4 $2,715.38 $3,620.54 $4,525.65 $5,883.33 $7,844.50 $70,600.00 $94,134.00 $117,667.00 $9,805.58 BIWEEKLY MONTHLY ANNUAL 2.00 P3 $2,424.46 $3,232.62 $4,040.77 $5,253.00 $7,004.00 $63,036.00 $84,048.00 $105,060.00 CITY OF FORT COLLINS 2020 PAY PLAN TABLE: 4 HUMAN RESOURCES, FINANCE & ACCTG, CUSTOMER SERVICE, ADMINISTRATION, MARKETING, LEGAL 6.00 ADMINISTRATIVE MINIMUM MIDPOINT MAXIMUM 1.00 A6 $1,925.08 $2,406.31 $2,887.58 $4,171.00 $5,213.67 $50,052.00 $62,564.00 $75,077.00 $6,256.42 BIWEEKLY MONTHLY ANNUAL 2.00 A5 $1,750.04 $2,187.58 $2,625.08 $3,791.75 $4,739.75 $45,501.00 $56,877.00 $68,252.00 $5,687.67 BIWEEKLY MONTHLY ANNUAL 3.00 A4 $1,590.96 $1,988.69 $2,386.42 $3,447.08 $4,308.83 $41,365.00 $51,706.00 $62,047.00 $5,170.58 BIWEEKLY MONTHLY ANNUAL 4.00 A3 $1,431.85 $1,789.81 $2,147.77 $3,102.33 $3,877.92 $37,228.00 $46,535.00 $55,842.00 $4,653.50 BIWEEKLY MONTHLY ANNUAL 5.00 A2 $1,288.69 $1,610.85 $1,933.00 $2,792.17 $3,490.17 $33,506.00 $41,882.00 $50,258.00 $4,188.17 BIWEEKLY MONTHLY ANNUAL 7.00 OPERATIONS & SKILLED TRADE MINIMUM MIDPOINT MAXIMUM 3.00 OT4 $1,609.23 $2,011.54 $2,413.85 $3,486.67 $4,358.33 $41,840.00 $52,300.00 $62,760.00 $5,230.00 BIWEEKLY MONTHLY ANNUAL 4.00 OT3 $1,448.31 $1,810.38 $2,172.46 $3,138.00 $3,922.50 $37,656.00 $47,070.00 $56,484.00 $4,707.00 CITY OF FORT COLLINS 2020 PAY PLAN TABLE: 5 PROTECTIVE SERVICES (non-CBU) 5 2.00 MANAGERIAL MINIMUM MIDPOINT MAXIMUM 1.00 M3 $3,547.35 $4,729.77 $5,912.23 $7,685.92 $10,247.83 $92,231.00 $122,974.00 $153,718.00 $12,809.83 BIWEEKLY MONTHLY ANNUAL 2.00 M2 $3,015.23 $4,020.31 $5,025.38 $6,533.00 $8,710.67 $78,396.00 $104,528.00 $130,660.00 $10,888.33 BIWEEKLY MONTHLY ANNUAL 3.00 M1 $2,562.96 $3,417.27 $4,271.58 $5,553.08 $7,404.08 $66,637.00 $88,849.00 $111,061.00 $9,255.08 BIWEEKLY MONTHLY ANNUAL 4.00 S2 $2,065.69 $2,754.23 $3,442.81 $4,475.67 $5,967.50 $53,708.00 $71,610.00 $89,513.00 $7,459.42 BIWEEKLY MONTHLY ANNUAL 5.00 S1 $1,817.81 $2,423.73 $3,029.65 $3,938.58 $5,251.42 $47,263.00 $63,017.00 $78,771.00 $6,564.25 BIWEEKLY MONTHLY ANNUAL 5.00 PROFESSIONAL MINIMUM MIDPOINT MAXIMUM 1.00 P4 $2,569.46 $3,425.92 $4,282.42 $5,567.17 $7,422.83 $66,806.00 $89,074.00 $111,343.00 $9,278.58 BIWEEKLY MONTHLY ANNUAL 2.00 P3 $2,234.31 $2,979.08 $3,723.85 $4,841.00 $6,454.67 $58,092.00 $77,456.00 $96,820.00 CITY OF FORT COLLINS 2020 PAY PLAN TABLE: 5 PROTECTIVE SERVICES (non-CBU) 6.00 ADMINISTRATIVE MINIMUM MIDPOINT MAXIMUM 1.00 A6 $2,262.85 $2,828.54 $3,394.23 $4,902.83 $6,128.50 $58,834.00 $73,542.00 $88,250.00 $7,354.17 BIWEEKLY MONTHLY ANNUAL 2.00 A5 $2,057.12 $2,571.38 $3,085.69 $4,457.08 $5,571.33 $53,485.00 $66,856.00 $80,228.00 $6,685.67 BIWEEKLY MONTHLY ANNUAL 3.00 A4 $1,870.08 $2,337.62 $2,805.15 $4,051.83 $5,064.83 $48,622.00 $60,778.00 $72,934.00 $6,077.83 BIWEEKLY MONTHLY ANNUAL 4.00 A3 $1,700.08 $2,125.12 $2,550.12 $3,683.50 $4,604.42 $44,202.00 $55,253.00 $66,303.00 $5,525.25 BIWEEKLY MONTHLY ANNUAL 5.00 A2 $1,530.08 $1,912.58 $2,295.12 $3,315.17 $4,143.92 $39,782.00 $49,727.00 $59,673.00 $4,972.75 BIWEEKLY MONTHLY ANNUAL 7.00 OPERATIONS & SKILLED TRADE MINIMUM MIDPOINT MAXIMUM 3.00 OT4 $1,683.15 $2,103.92 $2,524.69 $3,646.83 $4,558.50 $43,762.00 $54,702.00 $65,642.00 $5,470.17 BIWEEKLY MONTHLY ANNUAL 4.00 OT3 $1,514.81 $1,893.54 $2,272.23 $3,282.08 $4,102.67 $39,385.00 $49,232.00 $59,078.00 $4,923.17 CITY OF FORT COLLINS 2020 PAY PLAN TABLE: 5A COLLECTIVE BARGAINING UNIT (CBU) - COMMUNICATIONS 5A 2.00 MANAGERIAL MINIMUM MIDPOINT MAXIMUM 2.00 M2 $4,551.96 $4,872.38 $5,192.69 $9,862.58 $10,556.83 $118,351.00 $126,682.00 $135,010.00 $11,250.83 BIWEEKLY MONTHLY ANNUAL 4.00 S2 $2,939.00 $3,199.08 $3,459.23 $6,367.83 $6,931.33 $76,414.00 $83,176.00 $89,940.00 $7,495.00 BIWEEKLY MONTHLY ANNUAL 7.00 OPERATIONS & SKILLED TRADE MINIMUM MIDPOINT MAXIMUM 3.00 OT4 $1,980.00 $2,337.58 $2,695.19 $4,290.00 $5,064.75 $51,480.00 $60,777.00 $70,075.00 $5,839.58 BIWEEKLY MONTHLY ANNUAL Page 18 of 20 1.2 Packet Pg. 35 Attachment: Ordinance No. 016, 2020 (8709 : SR 016 Amended Pay Plan) CITY OF FORT COLLINS 2020 PAY PLAN TABLE: 5B COLLECTIVE BARGAINING UNIT (CBU) - COMMUNITY SERVICES OPERATIONS 5B 2.00 MANAGERIAL MINIMUM MIDPOINT MAXIMUM 4.00 S2 $3,153.81 $3,198.00 $3,242.23 $6,833.25 $6,929.00 $81,999.00 $83,148.00 $84,298.00 $7,024.83 BIWEEKLY MONTHLY ANNUAL 7.00 OPERATIONS & SKILLED TRADE MINIMUM MIDPOINT MAXIMUM 3.00 OT4 $2,165.62 $2,556.58 $2,947.50 $4,692.17 $5,539.25 $56,306.00 $66,471.00 $76,635.00 $6,386.25 BIWEEKLY MONTHLY ANNUAL Page 19 of 20 1.2 Packet Pg. 36 Attachment: Ordinance No. 016, 2020 (8709 : SR 016 Amended Pay Plan) CITY OF FORT COLLINS 2020 PAY PLAN TABLE: 5C COLLECTIVE BARGAINING UNIT (CBU) - SWORN OPERATIONS 5C 2.00 MANAGERIAL MINIMUM MIDPOINT MAXIMUM 2.00 M2 $4,955.12 $5,166.77 $5,378.38 $10,736.08 $11,194.67 $128,833.00 $134,336.00 $139,838.00 $11,653.17 BIWEEKLY MONTHLY ANNUAL 4.00 S2 $3,999.35 $4,273.96 $4,548.58 $8,665.25 $9,260.25 $103,983.00 $111,123.00 $118,263.00 $9,855.25 BIWEEKLY MONTHLY ANNUAL 5.00 S1 $3,855.58 $3,909.65 $3,963.65 $8,353.75 $8,470.92 $100,245.00 $101,651.00 $103,055.00 $8,587.92 BIWEEKLY MONTHLY ANNUAL 7.00 OPERATIONS & SKILLED TRADE MINIMUM MIDPOINT MAXIMUM 1.00 OT6 $2,647.54 $3,125.46 $3,603.35 $5,736.33 $6,771.83 $68,836.00 $81,262.00 $93,687.00 $7,807.25 BIWEEKLY MONTHLY ANNUAL Page 20 of 20 1.2 Packet Pg. 37 Attachment: Ordinance No. 016, 2020 (8709 : SR 016 Amended Pay Plan) Job Title 12345678910 LINE GROUNDWORKER $49,404 $51,775 $54,261 $56,865 $59,596 $62,456 $65,516 $68,783 ELECTRIC LINEWORKER $68,878 $72,768 $74,935 $77,172 $79,513 $81,890 $84,337 $87,377 $90,610 $96,099 LINE CREW CHIEF $100,424 $104,808 ELECTRIC METER TECH $55,515 $61,060 $65,209 $69,326 $73,411 $77,455 ELECTRONIC TECHNICIAN II $64,979 $72,640 $78,673 $84,641 $90,659 SUBSTATION SPECIALIST $70,558 $78,876 $85,427 $91,908 $98,443 SUBSTATION ELEC/COMM SPEC $80,249 $88,478 $96,356 $103,902 $111,963 ELECTRIC SYSTEMS OPERATOR $68,878 $73,415 $77,951 $82,488 $87,025 $91,562 $96,099 PLANT OPERATOR $53,850 $58,557 $62,057 $65,789 $69,752 $75,132 LEAD PLANT OPERATOR $53,850 $58,557 $62,057 $65,789 $69,752 $75,132 $78,888 $82,645 WATER UTILITY MAINT OPERATOR $43,617 $47,420 $50,269 $53,279 $56,484 $60,854 WATER METER SYSTEMS OPERATOR $43,617 $47,420 $50,269 $53,279 $56,484 $60,854 WATER METER TECHNICIAN $43,617 $47,420 $50,269 $53,279 $56,484 $60,854 MECHANIC $49,419 $54,779 $56,946 $59,246 $61,613 $64,081 $66,647 $68,951 BUILDING INSPECTOR $56,415 $61,933 $64,424 $67,295 $69,926 $72,727 $75,633 $78,710 LEAD BUILDING INSPECTOR $62,056 $68,141 $70,869 $74,039 $76,970 $80,038 $83,208 $86,581 CITY OF FORT COLLINS 2020 PAY PLAN Step Ladders Step 1.2 Packet Pg. 38 Attachment: Ordinance No. 016, 2020 (8709 : SR 016 Amended Pay Plan) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY February 4, 2020 City Council STAFF Gerry Paul, Director of Purchasing & Risk Management Mike Beckstead, Chief Financial Officer Ryan Malarky, Legal SUBJECT Second Reading of Ordinance No. 017, 2020, Amending Article IV of Chapter 8 of the Code of the City of Fort Collins Relating to the City's Purchasing and Contracting Procedures and Requirements. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 21, 2020 adopts revisions to the purchasing and contracting provisions of the City Code. These changes include: • Updated language, definitions, descriptions, and processes • Updated timing of public disclosures • Update thresholds of authority - minor purchases • Excluded select contract types for the five (5) year term limit. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading of Agenda Item Summary, January 21, 2020 (w/o attachments) (PDF) 2. Ordinance No. 017, 2020 (PDF) 2 Packet Pg. 39 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY January 21, 2020 City Council STAFF Gerry Paul, Director of Purchasing & Risk Management Mike Beckstead, Chief Financial Officer Ryan Malarky, Legal SUBJECT First Reading of Ordinance No. 017, 2020, Amending Article IV of Chapter 8 of the Code of the City of Fort Collins Relating to the City's Purchasing and Contracting Procedures and Requirements. EXECUTIVE SUMMARY The purpose of this item is for City Council to adopt revisions to the Purchasing and Contracting provisions of the City Code. These changes include: Updated language, definitions, descriptions, and processes Updated timing of public disclosures Update thresholds of authority - minor purchases Excluded select contract types for the five (5) year term limit. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Staff periodically reviews Article IV of Chapter 8 of the City Code, which addresses purchasing and contracting, and identifies potential updates based on changing needs and conditions. The impetus for this update to the procurement ordinances results from a cross-functional team evaluation of the Alternative Project Delivery System (APDS) utilized by Utilities. Based on this work, staff identified the opportunity to update the procurement provisions to expand upon the appropriate use of all alternative delivery methods utilized City-wide to deliver capital construction projects. The revisions to the procurement provisions also address current City business needs consistent with public procurement best practices. The benefits from these changes to the City Code include: Eliminated ambiguity Increased transparency and enhanced timeliness of public disclosures Enhanced alignment of contract term with the service type Increased efficiency; and Increased opportunities for competition. ATTACHMENT 1 2.1 Packet Pg. 40 Attachment: First Reading of Agenda Item Summary, January 21, 2020 (w/o attachments) (8710 : SR 017 Purchasing Code Changes) Agenda Item 12 Item # 12 Page 2 CITY FINANCIAL IMPACTS Adoption of the changes to the City Code may require additional internal resources driven by: (1) reduced reliance on outsourcing process engineering and project management; and (2) increased volume of competitive Requests for Proposal (RFP). The shift to internal resources for process engineering and project management should be cost neutral, as these functions have historically been outsourced. The increase in the volume of competitive RFPs will add workload to Purchasing. BOARD / COMMISSION RECOMMENDATION The revisions to Article IV of Chapter 8 were presented to the Council Finance Committee on December 16, 2019. The Council Finance Committee unanimously supported adoption of the revisions to the City Code. (Attachment 1) ATTACHMENTS 1. Council Finance Committee Presentation, December 9, 2019 (PDF) 2. Council Finance Committee minutes, December 16, 2019 (draft) (PDF) 2.1 Packet Pg. 41 Attachment: First Reading of Agenda Item Summary, January 21, 2020 (w/o attachments) (8710 : SR 017 Purchasing Code Changes) -1- ORDINANCE NO. 017, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE IV OF CHAPTER 8 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE CITY’S PURCHASING AND CONTRACTING PROCEDURES AND REQUIREMENTS WHEREAS, the Charter of the City of Fort Collins contains provisions concerning purchasing practices in Article V, Part IV; and WHEREAS, Chapter 8, Article IV of the City Code prescribes particular methods for competitive purchasing for the construction of improvements and the procurement of services and materials; and WHEREAS, Chapter 8, Article IV of the Code was last broadly amended by Ordinance No. 026, 2008; and WHEREAS, staff has undertaken a review of the procurement provisions in light of changing needs and conditions of City business, and has recommended to City Council amendments that would increase flexibility and efficiency in the purchasing process, remove ambiguity in current City Code language, increase transparency, and increase opportunities for competition; and WHEREAS, City Council has determined the amendments described in this Ordinance 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 8-110 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 8-110. - Procurement application. This Article shall apply to the procurement of all materials, services, professional services, and construction required or used by all departments and agencies of the City, including businesses and enterprises operated by the City, whether used in the construction of City improvements or otherwise, irrespective of the source of the funds, excepting only donations, real property, the procurement of legal and litigation services, City grants, museum exhibits, musical, dramatic and other fine arts performances, power purchases for resale, and services or activities subject to contracts between the City and other governmental bodies. When any procurement involves the expenditure of federal or state funds, the procurement shall be conducted in accordance with any 2.2 Packet Pg. 42 Attachment: Ordinance No. 017, 2020 (8710 : SR 017 Purchasing Code Changes) -2- mandatory applicable federal or state laws or regulations. This Article does not create or confer any right or entitlement upon any person to bid on or receive an award of any City contract. Section 3. That Section 8-112 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 8-112. - Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: Alternative delivery method shall mean a process of construction using either the Alternative Project Delivery System (APDS), Construction Manager/General Contractor (CM/GC), Construction Manager At-Risk (CMAR) or Design/Build approaches. Alternative Project Delivery System (APDS) shall mean a process of managing a construction project in which the design and construction of the project are contracted for separately, typically during the preliminary design phase of the project. Firms are selected utilizing a qualification based competitive sealed proposal with consideration to cost. The designer and construction contractor teams work with the City as part of an integrated team focused on risk reduction, value engineering and best value. . . . City grants shall mean direct monetary assistance to an organization or individual to undertake a specific project or program. Grants fund solutions to identified problems and/or opportunities within the City. . . . Contract Manager/General Contractor (CM/GC) (also referred to as Construction Manager-At- Risk) shall mean a process of managing a construction project in which the design and construction of the project are contracted for separately with the construction contractor typically joining the project at about thirty (30) percent design completion to provide constructability input, cost estimating, risk reduction, value engineering and best value. Firms are selected utilizing a qualification based competitive sealed proposal with consideration to cost. . . . Design/build shall mean a process for executing a construction project in which one (1) contractor, the design-build team, works under a single contract with the City to provide the design and construction services from initial design through project completion. Firms are selected utilizing a qualification based competitive sealed proposal with consideration to cost. Design/bid/build shall mean a project delivery method in which the City contracts with separate entities for the design and construction of a project The design firm is a qualification-based 2.2 Packet Pg. 43 Attachment: Ordinance No. 017, 2020 (8710 : SR 017 Purchasing Code Changes) -3- selection process and the construction contractor is selected based on the lowest responsive and responsible bid. Guaranteed Maximum Price (GMP) shall mean the sum of money agreed upon between the City and the construction contractor to complete a construction project. This is a not-to-exceed total cost of the services and materials provided during the construction phase of work including direct costs, overhead, any contingency, and fees. The GMP is typically established at approximately ninety (90) percent design completion. . . . Independent Cost Estimate (ICE) shall mean a tool utilized to assist in determining the reasonableness of the project cost. The ICE is developed by a qualified independent third-party not associated with the project. . . . Master Agreement shall mean an agreement established for the completion of a project or provision of services or materials on an as-required basis establishing the terms, conditions and general scope of services. The Master Agreement works in conjunction with a Work Order, which supplements the Master Agreement. . . . Public notice shall mean any publication reasonably calculated to inform responsible bidders or offerors. Public notice shall occur for a reasonable time and may be disseminated through any means of mass communication, including, but not limited to, e-procurement systems, internet, newspapers, other written publications, posting, television, radio, other broadcasting media and electronic billboards. Real property shall mean lands, lands under water, buildings, permanent structures and any and all easements, incorporeal hereditaments and every estate and right herein, legal and equitable, including terms for years and liens by way of judgment, mortgage or otherwise. . . . Work order shall mean a written order defining a discrete service and/or material with a definite project, price and time of completion which is used in conjunction with a work order contract to create an enforceable contract. Section 4. That Section 8-113 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 8-113. - Authority and duties of purchasing agent. . . . 2.2 Packet Pg. 44 Attachment: Ordinance No. 017, 2020 (8710 : SR 017 Purchasing Code Changes) -4- (b) The Purchasing Agent may formulate and promulgate rules and regulations for the administration of this Article, not inconsistent with the provisions of this Article, with respect to purchasing procedures. Any rules and regulations promulgated by the Purchasing Agent hereunder shall be effective upon the approval of the City Manager and the Purchasing Agent's filing of the same with the City Clerk. Section 5. That Section 8-138 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 8-138. - Approval. (a) Specifications prepared primarily for a procurement for a specific department or agency of the City shall be approved by both the Purchasing Agent and the head of the using department, agency or designee thereof before being submitted for bid. (b) If the Purchasing Agent and head of the using department or agency cannot agree, the matter shall be referred to the City Manager. Section 6. That Section 8-139 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 8-139. - Brand name specification. (a) A brand name specification may be used to maintain standardization, interchangeability, or compatibility within a critical system or process or when the Purchasing Agent has determined that sufficient sources for competition exist for the procurement of the material and that the use of the brand name specification is not intended to limit or restrict competition. . . . Section 7. That Section 8-157 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 8-157. - Competitive sealed bidding. . . . (f) Correction or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of awards or contracts based on such bid mistakes, may be authorized when deemed appropriate by the Purchasing Agent. (1) Bids may be withdrawn by the offeror for any reason prior to bid opening. Any such notice of withdrawal must be received in the office designated in the invitation for bids prior to the time set for bid opening. 2.2 Packet Pg. 45 Attachment: Ordinance No. 017, 2020 (8710 : SR 017 Purchasing Code Changes) -5- (2) Mistakes discovered before bid opening may be corrected or withdrawn in writing by the bidder. Any such corrections or notices of withdrawal must be received in the office designated in the invitation for bids prior to the time set for bid opening. (3) After bid opening, the following provisions shall apply: a. A low bidder alleging a material mistake of fact may be permitted by the Purchasing Agent to correct its bid if the mistake is clearly evident on the face of the bid document and the intended correct bid is similarly evident. b. A low bidder alleging a material mistake of fact may be permitted by the Purchasing Agent to withdraw its bid: (i) if the mistake is clearly evident on the face of the bid but the intended correct bid is not similarly evident or (ii) if the mistake is not clearly evident on the face of the bid but the bidder submits evidence to the Purchasing Agent which clearly and convincingly demonstrates that a mistake was made, in which case the bidder must show the nature of the mistake and the bid price actually intended. (4) No changes in bid prices or other provisions of bids prejudicial to the interests of the City or fair competition shall be permitted. (5) All decisions to permit the correction or withdrawal of bids or to cancel awards or contracts based on bid mistakes will be supported by a written determination made by the Purchasing Agent. (g) The contract shall be awarded with reasonable promptness by written notice to the lowest responsive and responsible bidder whose bid meets the requirements and criteria set forth in the invitation for bids. If the lowest responsive and responsible bid exceeds budgeted funds and either time constraints or economic considerations preclude resolicitation of work of a reduced scope, the Purchasing Agent is authorized to negotiate an adjustment of the bid price with the lowest responsive and responsible bidder, to modify the scope of work, or to negotiate other terms and conditions, so as to bring the bid within the amount of available funds. Section 8. That Section 8-158 of the Code of the City of Fort Collins is hereby amended to read as follows: 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 that the use of competitive sealed bidding is either not practicable or not advantageous to the City; (2) Professional services; and 2.2 Packet Pg. 46 Attachment: Ordinance No. 017, 2020 (8710 : SR 017 Purchasing Code Changes) -6- (3) City improvements when the Purchasing Agent determines that the use of alternative delivery methods will benefit the City while retaining assurance of competitive pricing and contractor selection. (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 the proposal must be received at the place stated in the request for proposal. In the event of good cause as determined by the Purchasing Agent, the time set for submittal of the proposals may be extended when determined to be in the City’s best interest. (d) Except as provided in paragraphs (e) and (m) of this Section, proposals shall be opened so as to avoid disclosure of contents to competing offerors during the process of negotiation. (e) A list of the offerors submitting proposals shall be maintained containing the name of each offeror and shall be open for public inspection or disclosure after the time set for submittal of the proposals. The name of the awarded firm may be disclosed to the public after the date of the written notice of award. (f) The request for proposals shall state evaluation factors and their relative importance. (g) 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 paragraphs (e) and (m) of this Section, in 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. The total points or ranking of the offerors shall not be made available for public inspection or disclosure. (j) Except as provided in paragraph (m) of this Section, individual rating sheets, notes, emails and other documents prepared or utilized by members of the evaluation committee shall not be made available for public inspection or disclosure. (k) 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 to the 2.2 Packet Pg. 47 Attachment: Ordinance No. 017, 2020 (8710 : SR 017 Purchasing Code Changes) -7- 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. (l) The Purchasing Agent is authorized to negotiate contract terms, including but not limited to 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), (i) 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. (o) To ensure competitive pricing and value in the use of an alternative delivery method, the Purchasing Agent shall require the contractor to obtain quotes from at least three (3) suppliers and/or subcontractors for all materials and services exceeding a cost of sixty thousand dollars ($60,000.). The Purchasing Agent may waive this requirement if the Purchasing Agent determines that one of the conditions in Section 8-161(d)(1)(a) through (j) exists. The Purchasing Agent shall make such determination in writing for procurements which exceed a cost of two hundred thousand dollars ($200,000.). Subcontractors selected by the City as part of the construction contractor team competitive process for the alternative delivery method are exempt from this requirement, subject to the discretion of the Purchasing Agent. Section 9. That Section 8-159 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 8-159. - Competitive negotiated procurement. (a) Procurement for goods, services, professional services, products for resale or redistribution, distribution services usage and competitive business arrangements that are related to the establishment of strategic business plans or relationships of any City utility in a competitive market environment shall be eligible for award by competitive negotiation under this Section, provided that the following conditions are met: (1) The Purchasing Agent determines in writing, with the approval of the City Manager, that the use of competitive sealed bidding or competitive sealed proposal processes are either not practicable or not advantageous to the City; and 2.2 Packet Pg. 48 Attachment: Ordinance No. 017, 2020 (8710 : SR 017 Purchasing Code Changes) -8- (2) There is a minimum of two (2) vendors/businesses willing and able to provide the basic goods, services or products to be procured through competitive negotiation. (b) In order to initiate a competitive negotiated procurement under this Section, the procuring utility shall, in a manner acceptable to the Purchasing Agent as sufficient to identify potential appropriate and qualified vendors of the goods, services, or professional services to be procured, investigate and research the market for such goods, services, or professional services, and identify those vendors determined to be appropriate and qualified candidates in light of the competitive and other interests of the procuring utility. . . . (e) Each vendor participating in competitive negotiations under this Section shall be accorded a fair and reasonable opportunity to present and explain the goods, services, or professional services to be provided by such vendor. (f) The basis for final selection of a vendor under a competitive negotiation process, and the final terms of the contract under which goods, services, or professional services shall be procured under this Section, shall each be subject to the review and approval of the Purchasing Agent and City Manager. (g) Prior to the renewal or extension of any contract for goods, services, or professional services under this Section beyond the original potential term of such contract, the City Manager or procuring utility shall require that an assessment of the subject vendor's performance and the benefits to the City of the terms of such contract be conducted by a qualified third party, to be selected by the Purchasing Agent. Section 10. That Section 8-161 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 8-161. - Exemptions to use of competitive bid or proposal. (a) Minor purchases. (1) The Purchasing Agent shall have the authority to negotiate without formal competition for the purchase of any materials, professional services, services or construction not exceeding a cost of sixty thousand dollars ($60,000.) per contract or purchase order. Where a project has been previously bid, project managers may approve, pursuant to administrative guidelines approved by the Purchasing Agent, change orders up to the minor purchase limit established in this Subsection; provided, however, that no such change order shall authorize any expenditure of funds in excess of the amounts budgeted and appropriated for the project. (2) Such negotiated purchases shall be made in the open market, but wherever practical or advantageous, the Purchasing Agent, department or agency shall obtain quotes from at least three (3) suppliers. Negotiated purchases of materials, professional services, services 2.2 Packet Pg. 49 Attachment: Ordinance No. 017, 2020 (8710 : SR 017 Purchasing Code Changes) -9- or construction shall be awarded to the person supplying the lowest responsible and responsive quote. Critical attributes, such as quality, experience and delivery, may be considered in the award, but such attributes must be stated in the invitation for quote. (3) The purchasing procedures adopted pursuant to § 8-113 of this Article may authorize the purchase of materials, services or professional services in the open market by other departments of the City, provided that no such purchase shall exceed seven thousand five hundred dollars ($7,500.) except that the Purchasing Agent may authorize the procurement of materials and services in an amount not to exceed fifteen thousand dollars ($15,000.) per procurement when purchased pursuant to a pricing agreement approved by the Purchasing Agent and purchased by an employee of the City authorized by the Purchasing Agent to make such purchases. (4) No procurement shall be divided so as to constitute a minor purchase under this Subsection. . . . (c) Construction change orders. (1) Notwithstanding the provisions of Paragraph (a)(1) of this Section and Subsection (2) below, one (1) or more change orders to an existing construction contract may be executed without competition unless the cumulative amount of such change orders exceeds the greater of: a. Fifteen (15) percent of the original contract amount; or b. Fifteen (15) percent of the Guaranteed Maximum Price (GMP); or c. Sixty thousand dollars ($60,000.). (2) Construction contracts utilizing an alternative delivery method shall not be subject to the limits of subsection (c)(1) of this Section 8-161, except in the event a Guaranteed Maximum Price (GMP) is established. In such event, subsection (c)(1) above shall apply. (23) Any construction change order which authorizes a new improvement under a construction contract may be executed without competition when the Purchasing Agent makes an administrative finding that it would be justified in light of the cost savings, time savings or improved efficiency in the completion of the project to negotiate with the on- site contractor for the construction of the new improvement because: a. The new improvement is required for the completion of an improvement which is currently under construction pursuant to a competitive bidding or competitive proposal process; or 2.2 Packet Pg. 50 Attachment: Ordinance No. 017, 2020 (8710 : SR 017 Purchasing Code Changes) -10- b. The new improvement results from the discovery of differing or unforeseen physical conditions at the site of the improvement under construction and is required for the completion of the improvement under construction. Any change order executed under this subsection (3) is not subject to the cost limitations of subsection (c)(1) of this Section 8-161. (d) Miscellaneous exemptions. . . . (4) Any procurement approved under this Section 8-161 by the City Manager or the City Council may be used as the basis for a negotiated purchase of additional quantities of the same materials or services at any time within a period of five (5) years from the date of approval; provided, however, that subsequent procurements may be expressly limited to a specific number of purchases or a period of less than five (5) years. (e) Materials, services, professional services and construction competitively bid within twenty-four (24) months. In any case where the City has, within the preceding twenty-four (24) months, pursuant to an invitation for bids or request for proposals, awarded a contract for the procurement of any materials or for the procurement of services, professional services or construction bid on a unit price basis and/or hourly rate schedule, the Purchasing Agent may negotiate with the successful bidder for the purchase of additional quantities of the materials or units of services or construction under a new agreement subject to the limitations of Section 8- 186. The Purchasing Agent may, based upon a reasonably prudent investigation of market conditions at the time, make procurements at a price warranted by such conditions, even if the resulting cost to the City is greater than the amount of the previous award. (f) Purchase of content for City-delivered video programming and streaming service. The Purchasing Agent shall have the authority to negotiate without formal competition the purchase of video content licensing rights for the City's delivery of cable or other subscriber video content, programming, and streaming services. The Purchasing Agent is authorized to procure such licensing from local channels, individual channels and channel families, and video content aggregation companies when he or she determines i) viable market demand supports obtaining rights to deliver the specific content, and ii) the anticipated cost to acquire such rights is reasonable based on the uniqueness of the content, region, and market. The Purchasing Agent shall submit a summary of such transactions and determinations to the City Manager's Office for each purchase under this Subsection. The Purchasing Agent and the City Manager designee with direct responsibility to manage City telecommunication facilities and services, as defined in Section 7(f) of Charter Article XII, shall jointly advise City Council regarding any purchase under this Subsection that exceeds an annual cost of one million dollars ($1,000,000). Section 11. That Section 8-163 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 8-163. - Other procedural prerequisites for award of contracts. 2.2 Packet Pg. 51 Attachment: Ordinance No. 017, 2020 (8710 : SR 017 Purchasing Code Changes) -11- (a) In the case of a contract for procurement primarily for the use of a specific department or agency of the City, the head of such using department or agency or designee thereof shall also approve an award before written notice of the award is sent. . . . (c) The Purchasing Agent shall not award any contract or finalize any procurement until the funds necessary to defray the cost of such procurement are appropriated and available or will be available when the obligations become due or payable, excepting only: (1) Cases of emergency under Subsection 8-161(b); and (2) Cases where revenue to pay the bidder or offeror will be raised through the performance of the contract. . . . Section 12. That Section 8-164 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 8-164. - Prequalification of bidders and offerors. The Purchasing Agent may authorize the establishment of a prequalified list of vendors utilizing a competitive prequalification process. This list of vendors may be utilized in lieu of public notice for soliciting competitive sealed bids or competitive sealed proposals; provided, however, that the Purchasing Agent may use such list in lieu of public notice only if public notice of the prequalification procedure and intended use of the list has been given within the preceding twenty- four (24) months. Section 13. That Section 8-165 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 8-165. - Cooperative procurement plans. The Purchasing Agent shall have the authority to join with other units of government in cooperative procurements, including, but not limited to, the State and the Multiple Assembly of Procurement Officials, when the best interests of the City would be served thereby. Upon written approval by the Purchasing Agent, competitive sealed bids, competitive sealed proposals or pricing agreements received by any other governmental agency shall be the equivalent of bids or proposals received by the City and may be the basis for any procurement by the City. Section 14. That Section 8-186 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 8-186. - Multi-year contracts. 2.2 Packet Pg. 52 Attachment: Ordinance No. 017, 2020 (8710 : SR 017 Purchasing Code Changes) -12- (a) No contract for materials, services or professional services, including all renewals, shall be made by the City for a period longer than five (5) years, unless authorized by ordinance, which ordinance shall not be passed as an emergency ordinance. Notwithstanding the foregoing, the following shall not be subject to the five (5) year term limitation but in any event shall not have a term in excess of ten (10) years: (1) Software licensing and/or maintenance agreements; or (2) Select financial services including procurement credit cards, credit card processing, and retirement record keeping; or (3) Purchase of content for City-delivered video programming and streaming services; or (4) Master Agreements with Work Order(s) in-process may be renewed for up to a maximum of one (1) additional year if required to complete an in-process Work Order. . . . Section 15. That Section 8-187 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 8-187. - Multiple source award. A multiple source award may be made when an award to two (2) or more bidders or offerors for similar supplies, services, or professional services is necessary for adequate delivery, service or product compatibility. Introduced, considered favorably on first reading, and ordered published this 21st day of January, A.D. 2020, and to be presented for final passage on the 4th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk 2.2 Packet Pg. 53 Attachment: Ordinance No. 017, 2020 (8710 : SR 017 Purchasing Code Changes) -13- Passed and adopted on final reading on this 4th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk 2.2 Packet Pg. 54 Attachment: Ordinance No. 017, 2020 (8710 : SR 017 Purchasing Code Changes) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY February 4, 2020 City Council STAFF Keith Hanson, Real Estate Manager Ryan Malarky, Legal SUBJECT Second Reading of Ordinance No. 018, 2020, Authorizing the Sale of the Real Property Located at 906 East Stuart Street to Planet Scale Limited. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 21, 2020, authorizes the sale of the City- owned property located at 906 East Stuart Street to Planet Scale Limited, a Colorado limited liability company, for $291,000. The City has no current or future identified use for the property and disposition of the property will eliminate the City’s ongoing maintenance expenses and liability risk. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 21, 2020 (w/o attachments) (PDF) 2. Ordinance No. 018, 2020 (PDF) 3 Packet Pg. 55 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY January 21, 2020 City Council STAFF Keith Hanson, Real Estate Manager Ryan Malarky, Legal SUBJECT First Reading of Ordinance No. 018, 2020, Authorizing the Sale of the Real Property Located at 906 East Stuart Street to Planet Scale Limited. EXECUTIVE SUMMARY The purpose of this item is to authorize the sale of the City-owned property located at 906 East Stuart Street to Planet Scale Limited, a Colorado limited liability company, for $291,000. The City has no current or future identified use for the property and disposition of the property will eliminate the City’s ongoing maintenance expenses and liability risk. The property was advertised on the open market for a minimum 30-day period during which offerors could submit sealed bids to purchase the property. Planet Scale Limited submitted the highest bid (out of five) with the ability to close escrow in the shortest amount of time without financing or change-in-use contingencies. Completion of the purchase is contingent on City Council’s approval of the sale by its final adoption of this Ordinance in accordance with Article IV, Section 23-111 of the City Code. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION 906 East Stuart Street is comprised of a 2,074-square-foot building on an approximate 1/3-acre lot. The property is currently zoned LMN (Low Density Mixed-Use Neighborhood District) and was previously used as a childcare facility. The City acquired the property in 1985 using Community Development Block Grant (CDBG) funding, which required that it be used to serve low-income residents. From 1985 through 2005, the facility was leased to Sunshine School. In 2006, the facility was leased to Riversong Waldorf School until 2016 when they secured a new facility and terminated their lease with the City. All CDBG restrictions on the property had expired by 2011. The property has remained vacant since 2016. Planet Scale Limited intends to redevelop the property into a four-unit housing project that will provide one unit of affordable housing in accordance with the City’s Land Use Code. In accordance with the City’s Land Use Code and as a condition of the sale, a restrictive covenant will be recorded against the property ensuring for a twenty-year period that the property will provide a minimum of one unit of affordable housing at 80 percent or less of the median income of Larimer County. As such, the sale of the property advances Council’s priority to increase affordable housing in the City. Additionally, proceeds from the sale can be made available to advance Council’s priority to increase childcare services or other programs as Council desires. COPY ATTACHMENT 1 3.1 Packet Pg. 56 Attachment: First Reading Agenda Item Summary, January 21, 2020 (w/o attachments) (8711 : SR 018 906 E Stuart Sale) Agenda Item 13 Item # 13 Page 2 CITY FINANCIAL IMPACTS The sale price is $291,000, which is fair market value as determined by the highest of five bids received. Net proceeds after costs associated with the sale, including marketing, maintenance, and title/escrow fees will be deposited in the General Fund. PUBLIC OUTREACH The sale of the property was marketed for a minimum of 30 days on Loopnet.com, Zillow.com, and Craiglist.com, which are websites commonly used to market all types of real property for sale. Local real estate brokers were contacted regarding the sale. Over 30 interested parties were shown the property. ATTACHMENTS 1. Location map (PDF) COPY 3.1 Packet Pg. 57 Attachment: First Reading Agenda Item Summary, January 21, 2020 (w/o attachments) (8711 : SR 018 906 E Stuart Sale) -1- ORDINANCE NO. 018, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SALE OF THE REAL PROPERTY LOCATED AT 906 EAST STUART STREET TO PLANET SCALE LIMITED WHEREAS, the City has owned the real property located at 906 East Stuart Street (the “Property”) since 1985; and WHEREAS, the Property was purchased with Community Development Block Grant (CDBG) funding for the purpose of providing childcare for low-income families; and WHEREAS, since acquiring the Property the City has leased it to private entities to conduct childcare, preschool or early education activities; and WHEREAS, the Property has remained vacant since 2016 when the last tenant terminated its lease to move to a new location; and WHEREAS, the CDBG requirements for use of the Property have expired; and WHEREAS, the City has no current or future identified use for the Property, and attempts to lease the Property have been unsuccessful; and WHEREAS, because the City continues to incur maintenance costs and for the Property, has some liability exposure in keeping the Property, and there is no foreseeable City use of the Property, staff is recommending the Property be sold and the proceeds be placed in the General Fund for use as Council sees fit; and WHEREAS, City staff has marketed the Property in the open market, and has identified the highest bid of $291,000, which is consistent with fair market value, submitted by Planet Scale Limited; and WHEREAS, Planet Scale Limited intends to redevelop the Property into a four-unit housing project and has agreed to execute a 20-year restrictive covenant on the Property that will require a minimum of one affordable housing unit in conformance with the City’s Land Use Code; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interests in real property owned by the City, provided the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City; and WHEREAS, under Section 23-114 of the City Code, any sale or lease of City property interests must be for an amount equal to or greater than the fair market value of such interests unless the City Council determines that such sale or lease serves a bona fide public purpose based on the five factors listed in Section 23-114; and 3.2 Packet Pg. 58 Attachment: Ordinance No. 018, 2020 (8711 : SR 018 906 E Stuart Sale) -2- WHEREAS, the City Council finds that the sale is in the best interests of the City and its citizens in that it will eliminate the City’s ongoing maintenance expenses and liability risk, generate fair market sale proceeds that can be used to advance City Council priorities, and allow the property to be utilized in its highest and best use as determined by the marketplace. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the sale of 906 East Stuart Street to Planet Scale Limited as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute a deed and such other documents as are necessary to convey the Property to Planet Scale Limited on terms and conditions consistent with this Ordinance, together with such other additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary and appropriate to protect the interests of the City or effectuate the purposes of this Ordinance, including but not limited to any necessary changes to the legal description of the Property, as long as such changes do not materially increase the size of the parcel to be conveyed. Introduced, considered favorably on first reading, and ordered published this 21st day of January, A.D. 2020, and to be presented for final passage on the 4th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 4th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.2 Packet Pg. 59 Attachment: Ordinance No. 018, 2020 (8711 : SR 018 906 E Stuart Sale) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY February 4, 2020 City Council STAFF Reyana Jones, Historic Preservation Specialist Karen McWilliams, Historic Preservation Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 019, 2020, Designating the Buildings of Lots 25 and 26, Block 111 (155 West Mountain Avenue and 130 South Mason Street), Known as the Fort Collins Express/McCormick Building and the McCormick Apartments, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. This Ordinance, unanimously adopted on First Reading on January 21, 2020 designates the property on Lots 25 and 26, Block 111, (155 West Mountain Avenue), including the Fort Collins Express/McCormick Building and McCormick Apartments, as a Fort Collins Landmark. This is a voluntary designation at the owner’s request. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 21, 2020 (w/o attachments) (PDF) 2. Ordinance No. 019, 2020 (PDF) 4 Packet Pg. 60 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY January 21, 2020 City Council STAFF Reyana Jones, Historic Preservation Specialist Karen McWilliams, Historic Preservation Planner Brad Yatabe, Legal SUBJECT First Reading of Ordinance No. 019, 2020, Designating the Buildings of Lots 25 and 26, Block 111 (155 West Mountain Avenue and 130 South Mason Street), Known as the Fort Collins Express/McCormick Building and the McCormick Apartments, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. The purpose of this item is to designate the property on Lots 25 and 26, Block 111 (155 West Mountain Avenue), including the Fort Collins Express/McCormick Building and the McCormick Apartments, as a Fort Collins Landmark. This is a voluntary designation at the property owner’s request. The property owner is Mountain 155, LLC/Hello Investments, LLC, of which Josh Harrison is the property manager. The Landmark Preservation Commission unanimously recommends approving this landmark designation. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Fort Collins Express/McCormick Building and the McCormick Apartments are both great examples of early twentieth-century commercial architecture. Constructed in 1907/1909 and 1917/1925 respectively, these two buildings exhibit many character-defining architectural features of that building type, including a shallowly stepped parapet, use of light-colored brick, understated masonry details, and a combination of flush and recessed entries. Their integrity is augmented by their clear historic and visual association with each other. Alterations to both buildings do not compromise character-defining features or are historic changes that occurred during the period of significance or more than fifty years ago, and so do not damage the property’s overall historic integrity. Furthermore, the Fort Collins Express/McCormick Building has additional significance to Fort Collins history for its association with communications history and newspaper publishing. Founded by Joseph S. McClelland in 1873, the Express was the first newspaper published in Larimer County. Ownership of the paper eventually passed to brothers James and George McCormick, and it was in this building, constructed for the McCormicks in 1907/1909, that the Fort Collins Express became the preeminent newspaper in the city. CITY FINANCIAL IMPACTS Recognition of this property as a Fort Collins Landmark enables its owners to qualify for local financial incentive programs available only to Landmark designated properties. ATTACHMENT 1 COPY 4.1 Packet Pg. 61 Attachment: First Reading Agenda Item Summary, January 21, 2020 (w/o attachments) (8712 : SR 019 155 W Mountain/130 S Mason Landmark Agenda Item 14 Item # 14 Page 2 BOARD / COMMISSION RECOMMENDATION At a public hearing held on December 18, 2019, the Landmark Preservation Commission unanimously adopted a motion on a vote of 8-0 to recommend that City Council designate this property based on the Fort Collins Express/McCormick Building's significance under Standards 1, Events, and 3, Design/Construction, and for the McCormick Apartments' significance under Standard 3, Design/Construction, and its exterior integrity based upon all seven aspects of integrity established by the National Park Service. PUBLIC OUTREACH A public hearing on this item was held at the December 18, 2019, meeting of the Landmark Preservation Commission. ATTACHMENTS 1. Location Map (PDF) 2. Staff Report (PDF) 3. Application (PDF) 4. Photos (PDF) 5. Landmark Preservation Commission Resolution No, 6, 2019 (PDF) COPY 4.1 Packet Pg. 62 Attachment: First Reading Agenda Item Summary, January 21, 2020 (w/o attachments) (8712 : SR 019 155 W Mountain/130 S Mason Landmark -1- ORDINANCE NO. 019, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE BUILDINGS OF LOTS 25 AND 26, BLOCK 111 (155 WEST MOUNTAIN AVENUE AND 130 SOUTH MASON STREET) KNOWN AS THE FORT COLLINS EXPRESS/MCCORMICK BUILDING AND THE MCCORMICK APARTMENTS, FORT COLLINS, COLORADO, AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS, pursuant to City Code Section 14-1, the City Council has established a public policy encouraging the protection, enhancement and perpetuation of historic landmarks within the City; and WHEREAS, by resolution adopted on December 18, 2019, the Landmark Preservation Commission (the “Commission”) determined that the Fort Collins Express/McCormick Building and the McCormick Apartments, Lots 25 and 26, Block 111, in Fort Collins, as more specifically described in the legal description below (the “Property”), are eligible for landmark designation pursuant to City Code Chapter 14, Article II, for the Property’s high degree of all seven standards of integrity under City Code Section 14-22(b)(1-7), and for the Fort Collins Express/McCormick Building’s significance to Fort Collins under Standards of Significance 1, Events, and 3, Design/Construction, and for the McCormick Apartments’ significance under Standard of Significance 3, Design/Construction, contained in City Code Section 14-22(a)(1) and 14-22(a)(3); and WHEREAS, the Commission further determined that designation of the Property will advance the policies and purposes set forth in City Code Sections 14-1 and 14-2 in a manner and extent sufficient to justify designation; and WHEREAS, the Commission recommends that the City Council designate the Property as a Fort Collins landmark; and WHEREAS, the owner of the Property has consented to such landmark designation and desires to protect the Property; and WHEREAS, such landmark designation will preserve the Property’s significance to the community; and WHEREAS, the City Council has reviewed the recommendation of the Commission and desires to follow such recommendation and designate the Property as a landmark; and WHEREAS, designation of the Property as a landmark is necessary for the prosperity, civic pride, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 4.2 Packet Pg. 63 Attachment: Ordinance No. 019, 2020 (8712 : SR 019 155 W Mountain/130 S Mason Landmark Designation) -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Property located in the City of Fort Collins, Larimer County, Colorado, described as follows, to wit: LOTS 25 AND 26, BLOCK 111, FORT COLLINS, ALSO HISTORICALLY KNOWN AS 153-163 WEST MOUNTAIN AVENUE AND 100-161 SOUTH MASON STREET, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO be designated as a Fort Collins Landmark in accordance with City Code Chapter 14. Section 3. That alterations, additions and other changes to the buildings and structures located upon the Property will be reviewed for compliance with City Code Chapter 14, Article IV, as currently enacted or hereafter amended. Introduced, considered favorably on first reading, and ordered published this 21st day of January, A.D. 2020, and to be presented for final passage on the 4th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 4th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.2 Packet Pg. 64 Attachment: Ordinance No. 019, 2020 (8712 : SR 019 155 W Mountain/130 S Mason Landmark Designation) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY February 4, 2020 City Council STAFF Delynn Coldiron, City Clerk Carrie Daggett, City Attorney SUBJECT Second Reading of Ordinance No. 020, 2020, Repealing and Reenacting Chapter 2, Article II, Division 3 of the Code of the City of Fort Collins Relating to Procedures for Appeals to the City Council. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 21, 2020, amends the City Council appeals procedure contained in City Code in order to clarify aspects of the appeals procedures and to improve the appeals process. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION On First Reading, a question was asked concerning the number of appeals heard by Council for the past five years and how many appeals had been combined into one hearing. From 2014 through 2019: • 32 individual appeals were filed on 25 projects • 7 of those projects had multiple appeals of one project and were combined into one hearing by Council. • 5 appeals were filed by applicants for a project • 4 appeals were filed by a Councilmember. ATTACHMENTS 1. First Reading Agenda Item Summary, January 21, 2019 (w/o attachments) (PDF) 2. Ordinance No. 020, 2020 (PDF) 5 Packet Pg. 65 Agenda Item 20 Item # 20 Page 1 AGENDA ITEM SUMMARY January 21, 2020 City Council STAFF Delynn Coldiron, City Clerk Carrie Daggett, City Attorney SUBJECT First Reading of Ordinance No. 020, 2020, Repealing and Reenacting Chapter 2, Article II, Division 3 of the Code of the City of Fort Collins Relating to Procedures for Appeals to the City Council. EXECUTIVE SUMMARY The purpose of this item is to propose changes to the City Council appeals procedure contained in City Code in order to clarify aspects of the appeals procedure and to improve the appeals process. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION City Council has considered several appeals over the past few years. Staff has identified provisions requiring added clarification, as well as opportunities to improve processes without raising substantive policy issues. The proposed changes are a result of this, as well as public outreach that has been done as part of this effort. Council may wish to discuss other, more substantive, policy changes to the appeal provisions; these amendments are not intended for that purpose. The following highlights some of the more substantive items, as well as things that may be of interest to Council: I. Section 2-48. – Appeal of final decision permitted; effect of appeal; grounds for appeal. • A proposed change to Section 2-48(c) requires that appeals filed by City Councilmembers include specific questions to be considered on appeal. This replaces the current requirement for a general description of the issue and is intended to better identify the particular issues being raised. II. Section 2-49. – Filing of notice of appeal; new evidence. • A proposed change to Section 2-49(b)(5) requires that the appellant submit new evidence, where allowed, no later than seven calendar days after the deadline for filing the notice of appeal. III. Section 2-52. – Scheduling of the hearing/no ex parte contacts. • Proposed changes to 2-52(a) add: o A hearing timeframe of no fewer than 28 days and no later than 77 days after the deadline for filing the notice of appeals; ATTACHMENT 1 COPY 5.1 Packet Pg. 66 Attachment: First Reading Agenda Item Summary, January 21, 2019 (w/o attachments) (8714 : SR 020 Appeal Procedures) Agenda Item 20 Item # 20 Page 2 o A provision for the City Clerk to determine the hearing date and determine whether unavoidable conflicts exist; o An increase in the amount of written notice of an appeal hearing to be sent to the appellant and parties- in-interest (from 10 calendar days to 21 calendar days); • A proposed change to 2-52(b) adds a provision that would consolidate multiple appeals of the same decision into one hearing (unless Council decides otherwise). Currently the Code allows the Mayor to consolidate multiple appeals of the same decision into one hearing and we are not aware of a time when consolidation did not occur. The Planning & Zoning Board did not agree with this item and recommended that provisions related to this be removed. • A proposed change to 2-52(c) adds a provision for the City Manager to request that Council extend the time for hearing an appeal beyond the specified 77-day period. IV. Section 2-55. – Written materials; new evidence. 0. Changes to Subsection (a) clarify what evidence and information the Council may consider in making its decision, including new evidence. 1. Changes to Subsection (b) update the description of new evidence Council may consider in making its decision. 2. Changes to Subsection (b)(2) requires a party-in interest opposed to the appeal to submit new evidence within 21 calendar days after the deadline for filing the related notice of appeal. 3. Adds a new Subsection (d) setting the deadline for parties-in-interest to submit presentation materials for the appeal and requiring that at least twenty hard copies be made available if hard copies are to be provided, along with the digital presentation. The following graphic shows timelines related to appeals (Attachment 1 is a larger version): COPY 5.1 Packet Pg. 67 Attachment: First Reading Agenda Item Summary, January 21, 2019 (w/o attachments) (8714 : SR 020 Appeal Procedures) Agenda Item 20 Item # 20 Page 3 Timelines generated a lot of discussion during the public outreach and at the Planning and Zoning Board hearing. There was support from many for giving appellant’s additional time to file new evidence. The Planning and Zoning Board recommendation included a provision to extend the deadline for new evidence for the appellant by 7 days (from 21 days after the final decision to 28 days after the final decision). In the interest of fairness for both parties, staff did not change the proposed amendments to include this. As it stands, the appellant has 21 days from the date of decision to file new evidence. After that date, parties opposing the appeal are given 14 days to review and provide response to the new evidence submitted. Adding an additional week to the appellant deadline would require the same add to the opposing party deadline to ensure fairness. Pushing the overall timeline an additional 14 days would extend the overall timeline leading up to a potential appeal hearing and aggravate already challenging scheduling issues. V. Section 2-56. – Council decision on appeal. • This is being proposed as a new Section related to Council decisions on appeal. o Subsection (d) adds a procedure for Council to amend adopted resolutions in order to clarify or correct the language or to modify a decision to resolve a legal dispute or comply with applicable law. In order to make a change to an adopted resolution, the proposed change requires notice to be sent to the appellant, applicant, and persons who appeared at the appeal hearing and such persons may comment on the proposed change at the time Council considers it. Attachment 2 provides more detail on all changes being recommended. CITY FINANCIAL IMPACTS None. BOARD AND COMMISSION RECOMMENDATION Staff presented to the Planning and Zoning Board on February 21, 2019 and was instructed to collect public feedback on the proposed changes and then bring the item back to the Board for consideration. Staff did as requested and presented the proposed changes, together with the results of the public outreach, to the Board on November 21, 2019. At that hearing, the Board recommended that City Council approve the proposed appeal code amendments with the following modifications: • Change the deadline for a site visit request from 10 days to 14 days; • Change the deadline for the appellant to submit new evidence from 21 days after the final decision to 28 days after the final decision with the intent that this pushes the entire timeline out 7 days; and • Remove the changes included in Paragraph 2-52(b) pertaining to default consolidation of appeals. An excerpt from the February 21, 2019 meeting is attached (Attachment 3), as well as a transcript of the November 21, 2019 meeting. (Attachment 4) PUBLIC OUTREACH Staff conducted four public outreach sessions. The first session invited applicants who had been involved in the appeals process in the last three years. The second invited appellants who had been involved in the appeals process in the last three years. The remaining two sessions were open to the general public. Summary notes from all meetings are attached (Attachments 5-8). COPY 5.1 Packet Pg. 68 Attachment: First Reading Agenda Item Summary, January 21, 2019 (w/o attachments) (8714 : SR 020 Appeal Procedures) Agenda Item 20 Item # 20 Page 4 ATTACHMENTS 1. Appeal Process Timelines (PDF) 2. Proposed Changes to the City Council Appeals Procedure (PDF) 3. Planning and Zoning Board minutes, February 19, 2019 (PDF) 4. Planning and Zoning Board Verbatim Transcript, November 21, 2019 (PDF) 5. Public Outreach-Focus Group, June 5, 2019 (PDF) 6. Public Outreach-Focus Group, June 6, 2019 (PDF) 7. Public Outreach, June 12, 2019 (PDF) 8. Public Outreach, July 22, 2019 (PDF) 9. Powerpoint presentation (PDF) COPY 5.1 Packet Pg. 69 Attachment: First Reading Agenda Item Summary, January 21, 2019 (w/o attachments) (8714 : SR 020 Appeal Procedures) -1- ORDINANCE NO. 020, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING AND REENACTING CHAPTER 2, ARTICLE II, DIVISION 3 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO PROCEDURES FOR APPEALS TO THE CITY COUNCIL WHEREAS, Chapter 2, Article II, Division 3 of the City Code establishes a process whereby parties directly affected by the quasi-judicial decisions of City boards and commissions and certain other City decision makers may be appealed to the City Council; and WHEREAS, the City Council has periodically amended these provisions of the Code; and WHEREAS, several procedural issues have arisen during recent appeals that have prompted City staff to further review the appeal process, and to confer with affected members of the public about additional amendments that will eliminate ambiguities in certain provisions, add an additional ground for appeal, clarify the circumstances under which new evidence may be considered by the City Council during appeal hearings, and make certain other procedural changes that staff believes will enhance the fairness and efficiency of appeal hearings; and WHEREAS, the City Council believes that such amendments are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Chapter 2, Article II, Division 3 of the Code of the City of Fort Collins is hereby repealed and reenacted to read as follows: Sec. 2-46. - Definitions. The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Section: Appellant shall mean one or more parties-in-interest appealing from a board, commission or other decision maker to the City Council by the filing of a notice of appeal. Applicant shall mean the person who or organization that submitted the application to the board, commission or other decision maker whose decision has been appealed. Evidence shall mean any information, whether in verbal, audio, written, graphic, or other form, presented at the hearing to support or refute a particular proposition or conclusion. Evidence shall not include argument as to how information offered as evidence should be viewed by the City Council. 5.2 Packet Pg. 70 Attachment: Ordinance No. 020, 2020 (8714 : SR 020 Appeal Procedures) -2- Final decision shall mean the action of a board, commission or other decision maker by a vote of a majority of its members when no further rehearing is available before such board, commission or other decision maker; provided, however, that a recommendation to the City Council from a board, commission or other decision maker shall not be considered as a final decision of that board, commission or other decision maker. New evidence shall mean any evidence, relating to the proposal or application that was the subject of final decision by a board, commission or other decision maker, that was not presented at the hearing before such board, commission or other decision maker. New evidence does not include modifying, highlighting, underlining, italicizing or otherwise emphasizing certain portions of writings or graphics presented to the original decision maker as long as any modified graphic presented to the City Council at the appeal hearing is accompanied by a reference to the location of the original material in the record of the decision being appealed. Party-in-interest shall mean a person who or organization that has standing to appeal the final decision of a board, commission or other decision maker. Such standing to appeal shall be limited to the following: (1) The applicant; (2) Any party holding an ownership or possessory interest in the real or personal property that was the subject of the decision of the board, commission or other decision maker whose action is to be appealed; (3) Any person to whom or organization to which the City mailed notice of the hearing of the board, commission or other decision maker; (4) Any person who or organization that provided written comments to the appropriate City staff for delivery to the board, commission or other decision maker prior to or at the hearing on the matter which is to be appealed; (5) Any person who or organization that appeared before the board, commission or other decision maker at the hearing on the action which is to be appealed; (6) The City Council as represented by the request of a single member of the City Council. Sec. 2-47. - Certain appeals to be taken to city council. An appeal of any final decision expressly appealable to City Council under other provisions of this Code, including the Land Use Code, shall be decided by the City Council in the manner set forth in this Division. Sec. 2-48. - Appeal of final decision permitted; effect of appeal; grounds for appeal. 5.2 Packet Pg. 71 Attachment: Ordinance No. 020, 2020 (8714 : SR 020 Appeal Procedures) -3- (a) A party-in-interest may appeal to the City Council the final decision of any board, commission or other decision maker to which this appeal procedure applies in the manner provided in this Division. Any action taken in reliance upon any decision of a board, commission or other decision maker that is subject to appeal under the provisions of this Division shall be totally at the risk of the person(s) taking such action until all appeal rights related to such decision have been exhausted, and the City shall not be liable for any damages arising from any such action. (b) Except for appeals by members of the City Council, the permissible grounds for appeal shall be limited to allegations that the board, commission or other decision maker committed one (1) or more of the following errors: (1) Failure to properly interpret and apply relevant provisions of the Code and Charter. (2) Failure to conduct a fair hearing in that: a. The board, commission or other decision maker exceeded its authority or jurisdiction as contained in the Code or Charter; b. The board, commission or other decision maker substantially ignored its previously established rules of procedure; c. The board, commission or other decision maker considered evidence relevant to its findings which was substantially false or grossly misleading; d. The board, commission or other decision maker improperly failed to receive all relevant evidence offered by the appellant; or e. The board, commission or other decision maker was biased against the appellant by reason of a conflict of interest or other close business, personal or social relationship that interfered with the decision maker's independence of judgment. (c) Appeals filed by members of the City Council need not include specific grounds for appeal, but shall include a statement of each specific question to be considered on appeal. (1) Upon the filing of any such appeal, the director of the affected City service area shall identify the specific Code provisions that may pertain to the specific questions raised by such appeal and shall provide such information to the City Clerk prior to the date that the notice of hearing on the appeal is to be mailed by the City Clerk to parties-in-interest under § 2-52 of this Division. (2) Said information shall then be mailed to the parties-in-interest together with the notice of hearing. (3) Councilmembers who file an appeal may participate in hearing such an appeal in the same manner as they participate in hearing appeals filed by other parties-in-interest. 5.2 Packet Pg. 72 Attachment: Ordinance No. 020, 2020 (8714 : SR 020 Appeal Procedures) -4- Sec. 2-49. - Filing of notice of appeal; new evidence. (a) An appeal shall be commenced by filing a notice of appeal of the final decision of a board, commission or other decision maker to which this Division applies with the City Clerk within fourteen (14) calendar days after the action that is the subject of the appeal. (b) Such notice of appeal shall be on a form provided by the City Clerk, shall be signed by all persons joining the appeal and shall include the following: (1) The action of the board, commission or other decision maker that is the subject of the appeal; (2) The date of such action; (3) The name, address, telephone number and relationship of each appellant to the subject of the action of the board, commission or other decision maker; (4) In all appeals except those filed by members of City Council, the grounds for the appeal, including specific allegations of error and a summary of the facts contained in the record on appeal which support those allegations; (5) In the case of an appeal alleging a fair hearing issue under § 2-48(b)(2)c, d or e, above all new evidence related to such allegations that the appellant wishes for Council to consider at the hearing on the appeal must be submitted to the City Clerk within seven (7) days calendar days after the deadline for filing a notice of appeal and must be clearly marked as new evidence; (6) In the case of an appeal filed by more than one (1) person, the name, address and telephone number of one (1) such person who shall be authorized to receive, on behalf of all persons joining the appeal, any notice required to be mailed by the City to the appellants under the provisions of § 2-52 of this Division; and (7) Any other information required by the City Clerk. (c) No materials other than that specified in Subsection (b) above shall be included in or attached to the notice of appeal or submitted by the appellant, except for presentation materials as allowed in §2-55(d). (d) The City Clerk will promptly post the notice of appeal and any attached information, and any new evidence subsequently received pursuant to Subsections (b)(5) above or 2-55(b)(2), on the City’s website, and such information shall be available for public inspection in the Office of the City Clerk. Sec. 2-50. - Fee for filing of appeal. 5.2 Packet Pg. 73 Attachment: Ordinance No. 020, 2020 (8714 : SR 020 Appeal Procedures) -5- In all appeals, except those filed by members of the City Council, the appellant shall be charged a fee of one hundred dollars ($100.), to be paid to the City Clerk at the time of the filing of the notice of appeal. Sec. 2-51. - Record on appeal. Any appeal to the City Council shall be an appeal on the record of the hearing before the board, commission or other decision maker together with such additional evidence as may be admitted by the Council for consideration as provided in this Article. The record provided to the City Council shall include the following: (1) All exhibits, including, without limitation, all writings, drawings, maps, charts, graphs, photographs and other tangible items received or viewed by the board, commission or other decision maker at the proceedings; (2) A verbatim transcript of such proceedings before the board, commission or other decision maker. The cost of the transcript shall be borne by the City. If a verbatim transcript of the proceedings does not exist and cannot be produced, whether due to an equipment malfunction or clerical error, or for any other reason, the decision that is the subject of the appeal will be re-heard before the decision maker after notice as required by the relevant provisions of this Code or the Land Use Code, whichever is applicable, and the appeal shall be terminated. (3) If available, a video recording of such proceedings before the board, commission or other decision maker. The cost of reproducing any such video recording for review by the City Council shall be borne by the City. Additional copies shall be provided to any party-in-interest requesting the same within a reasonable period of time prior to the date for hearing the appeal, at a cost not to exceed the actual reproduction costs incurred by the City. (4) A copy of notice of the hearing on the decision appealed, along with a list of those to whom such notice was mailed. Sec. 2-52. - Scheduling of the hearing/no ex parte contacts. (a) In the event of an appeal, the City Clerk shall schedule the hearing on the appeal for a date as early as reasonably practicable but no fewer than twenty-eight (28) days and no more than seventy seven (77) calendar days after the deadline for filing of the notice of appeal. Prior to scheduling the hearing, the Clerk shall provide the appellant and applicant with a possible hearing date, or dates, to determine if unavoidable conflicts that make attendance impossible at such date, or dates, exist. The City Clerk shall mail written notice of the date, time and place of the hearing to the appellant and all other parties-in-interest no less than twenty-one (21) calendar days prior to the date of said hearing. Said notice shall also include a copy of the notice of appeal (excluding attachments, which shall be available as provided in § 2-49(c)). 5.2 Packet Pg. 74 Attachment: Ordinance No. 020, 2020 (8714 : SR 020 Appeal Procedures) -6- (b) All appeals regarding the same decision shall be consolidated and scheduled together to be heard in a single hearing. Council may in its discretion by majority vote at the time of the scheduled hearing separate the hearing process for individual appeals. (c) At any time prior to the expiration of the time for Council to hear an appeal under Subsection (a), the City Manager may in the event of scheduling difficulties or notice defects request that Council approve by motion or resolution the extension of the time for hearing an appeal for a specified period. (d) In order to afford all parties-in-interest a fair opportunity to respond to the information upon which the City Council is to base its decision on appeal, and in order to preserve the impartiality of Councilmembers hearing the appeal, all Councilmembers who intend to participate in hearing the appeal shall, to the extent reasonably possible, avoid communications with parties- in-interest and members of the general public regarding the merits of the appeal prior to the hearing on the appeal. Sec. 2-53. - Site inspection. (a) Councilmembers may inspect the site of an overall development plan, project development plan or other proposal that is the subject of an appeal, either alone or with City staff present, for the purpose of gaining a better understanding of the physical characteristics of the site and the surrounding area. (1) If a Councilmember wishes to schedule a site inspection with City staff present, he or she shall, no later than fourteen (14) days after the filing of the notice of appeal, request that the City Manager schedule such inspection. (2) Upon receipt of such a request, the City Manager shall forthwith schedule the inspection for a date and time when he or she believes that a majority of the Councilmembers wishing to inspect the site will be able to attend. (3) The City Clerk shall, no less than seven (7) days prior to the date of the site inspection, mail notice of such inspection to the appellant and to all parties-in-interest to whom notice of the appeal hearing was sent by the City Clerk under § 2-52 above. (4) The appellant and all other parties-in-interest shall be entitled to attend such scheduled inspection, along with any members of City staff whose presence is requested by the City Manager. Failure to mail notice to any party-in-interest shall not affect the scheduling or validity of any proceeding held or determination made under this Division. Upon receipt of any notice returned by the U.S. Postal Service marked as undeliverable for any reason, the City Clerk may exclude the party-in-interest to which such notice had been mailed from any future mailings related to the appeal that was the subject of the returned notice. (b) Any Councilmembers conducting a site inspection under the provisions of Subsection (a) above, either alone or with City staff present, shall, at the hearing on the appeal, state on the record 5.2 Packet Pg. 75 Attachment: Ordinance No. 020, 2020 (8714 : SR 020 Appeal Procedures) -7- any observations they made or conversations they had at the site which they believe may be relevant to their determination of the appeal. (c) Nothing in this Section shall be construed to authorize any Councilmember or other officer or employee of the City to enter upon any parcel of real property that is not open to the public without the permission of the owner of such property or the permission of such other person or entity as may be lawfully in possession of the property. Sec. 2-54. - Procedure at the hearing. (a) At the hearing on the appeal by the City Council, the presentation of argument on the merits of the appeal shall be made in the following order, subject to such limitations in time and scope as may be imposed at the discretion of the Mayor: (1) Presentation by City staff explaining the nature of the appeal or appeals and the decision being appealed; (2) Comments by Councilmembers who have inspected the site pursuant to Subsection 2-53(a) above; (3) Consideration of any procedural issues identified under Subsection (c) below; (4) Presentation of argument by the appellant and any party-in-interest in support of the appeal; (5) Presentation of argument by any party-in-interest who is an opponent of the appeal; (6) Rebuttal presentation by the appellant and any party-in-interest in support of the appeal; (7) Rebuttal presentation by any party-in-interest who is an opponent of the appeal; (8) Councilmember questions of City staff and parties-in-interest; and (9) Motion, discussion and vote by the City Council. (b) Factors to be considered in determining the period of time for the presentation of argument on the merits of an appeal shall include, but not be limited to, the complexity of the issues raised in the notice of appeal, the length of the record on appeal, the potential impact that the determination of the appeal may have on the community at large and the number of parties-in- interest who wish to address the Council with regard to the merits of the appeal. (c) Prior to hearing the presentation of argument on the merits of the appeal, the Mayor may, in his or her discretion, establish a separate period of time during which the Council may first consider and the Mayor may determine, subject to override by the Council by majority vote, any procedural issues related to the hearing of the appeal, including, but not limited to, the possible 5.2 Packet Pg. 76 Attachment: Ordinance No. 020, 2020 (8714 : SR 020 Appeal Procedures) -8- introduction or exclusion of certain evidence, the period of time to be allowed for presentation of argument and rebuttal on the merits of the appeal and any concerns or objections related to the record on appeal. The City Council may, by majority vote, separate one or more appeals of the same decision by different appellants that have been consolidated in accordance with § 2-52(b). (d) No person making a presentation to the City Council shall be subject to cross-examination except that members of the City Council and the City Attorney may inquire of such person for the purpose of eliciting information and for the purpose of clarifying information presented. (e) In the event of multiple appeals involving the same decision of a board, commission or other decision maker that have been consolidated in accordance with § 2-52(b), the Mayor, in his or her discretion, may modify the procedure contained in Subsection (a) above so as to expedite the hearing of such appeals. Sec. 2-55. - Written materials; new evidence. (a) The City Council shall consider an appeal based upon the record on appeal, including any new evidence admitted for or at the appeal hearing, the relevant provisions of the Code and Charter and any other applicable legal authorities, the grounds for appeal cited in the notice of appeal, the arguments made by parties-in-interest at the hearing on the appeal, and the City staff report and presentation prepared for the appeal; provided, however, that issues raised during the presentation of argument but not raised in the notice of appeal shall not be considered by the City Council in deciding the appeal. (b) No new evidence shall be presented to the City Council before or during an appeal hearing, and no new evidence shall be considered on appeal, except as follows: (1) When offered by an appellant and submitted pursuant to § 2-49(b)(5); (2) When offered by a party-in-interest opposed to the appeal in response to and regarding appeal allegations under § 2-48(b)(2)c, d, or e, provided that any such new evidence must be submitted to the City Clerk within twenty-one (21) calendar days after the deadline for filing the related notice of appeal and the City Clerk shall not provide any new evidence to Council submitted by any person after the time for submittal has expired; (3) When offered by City staff or parties-in-interest in response to questions presented by Councilmembers under Subsection 2-54(a) or (d) above; or (4) When offered by Councilmembers after inspecting the site of the project development plan or other proposal that is the subject of an appeal pursuant to the provisions of § 2-53 of this Article. (c) City staff shall prepare for Council consideration the record as described in § 2-51, together with a staff agenda item summary and presentation materials, which shall become part of the record of the appeal hearing. Staff shall also provide to the Council the notice of appeal and all attachments to it, and new evidence provided to the City Clerk in accordance with subsection 5.2 Packet Pg. 77 Attachment: Ordinance No. 020, 2020 (8714 : SR 020 Appeal Procedures) -9- (b)(2), above. The Council will determine whether to admit for consideration each item of new evidence offered by any party, and those materials admitted for consideration shall become part of the record of the appeal hearing. (d) Any party-in-interest shall submit to the City Clerk a copy of all materials, including digital presentations, to be presented to the Council at the appeal hearing no later than noon on the day of the appeal hearing, or 4:00 p.m. the business day prior to the appeal hearing if the Council meeting at which the hearing will be conducted is scheduled to begin earlier than 6:00 p.m., and such materials shall thereafter be made reasonably available by the City Clerk to any persons upon on request. In light of the limitations on admission of new evidence, admission of any such materials for consideration shall be subject to Council determination at the appeal hearing. Any party-in- interest may provide a true and accurate hard copy of any such presentation for Council reference, so long as no fewer than twenty (20) such copies are provided to the City Clerk along with the digital presentation. (e) Any party-in-interest who believes that new evidence has been improperly introduced into the appeal hearing may, at any time during the hearing, interrupt the proceedings and object to the Council's consideration of such evidence. If such an objection is made, the Mayor shall rule on the objection, after consultation with the City Attorney if necessary, and the evidence shall either be received and considered by the Council or disregarded by the Council in accordance with the ruling of the Mayor; provided, however, that the Mayor's ruling on this or any other procedural issue raised during the course of the hearing may be overridden by a majority of the Council. The failure of a party-in-interest to make such an objection shall constitute a waiver of the same by that party- in-interest for the purpose of any court appeal of the Council's decision. Sec. 2-56. - Council decision on appeal. (a) In considering an allegation that a board, commission or other decision maker failed to properly interpret and apply the relevant provisions of the Code or Charter asserted under Paragraph 2-48(b)(1) of this Article, the City Council shall determine how such provisions should, in the City Council's judgment, be applied to the evidence contained in the record of the appeal hearing. (b) At the conclusion of such hearing, the City Council shall uphold, overturn or modify the decision of the board, commission or other decision maker, and may impose such conditions as the Council determines appropriate to further the purposes of or compliance with the standards governing the decision; provided, however, that: (1) The City Council shall instead remand the matter for rehearing if it finds that the appellant was denied a fair hearing before the board, commission or other decision maker for any of the reasons stated in Paragraph 2-48(b)(2) of this Article. Notwithstanding any language to the contrary in City Code, if City Council determines that on remand the board, commission, or decision maker will be unable to provide a fair rehearing or will be unable to provide a rehearing because a quorum will not be available, City Council shall remand the matter for rehearing to a qualified, alternative decision maker determined by City Council. Additionally, City Council may remand the matter for rehearing to a qualified, 5.2 Packet Pg. 78 Attachment: Ordinance No. 020, 2020 (8714 : SR 020 Appeal Procedures) -10- alternative decision maker if the public confidence in the decision on remand would be better served than remand to the original board, commission, decision maker. (2) The City Council may also remand the matter for rehearing in order for the board, commission or other decision maker to receive and consider additional information with regard to any issue raised on appeal. Any such remand shall include direction from the City Council to the board, commission or other decision maker as to the issues to be considered at the rehearing. (c) No later than the date of its next regular meeting, the City Council shall adopt, by resolution, findings of fact in support of its decision. The date of passage of such resolution shall be the date of final action of the City Council for the purpose of any subsequent judicial review of the decision of the City Council. (d) Subsequent to the adoption of the resolution required under Subsection (c), above, the Council may amend said resolution at any time in order to clarify or correct it, or to modify the decision in order to resolve a related legal dispute or to bring the decision into compliance with federal, state or local law, including the Charter and Code of the City of Fort Collins. (1) At least fourteen (14) days prior to consideration of any such amendments, written notice that the Council will consider such amendments must be mailed to the last known address of the appellant, the applicant, and any other party-in-interest who appeared at the related appeal hearing. (2) Persons entitled to notice of the consideration of amendments shall have an opportunity to comment at the time of such consideration. Introduced, considered favorably on first reading, and ordered published this 21st day of January, A.D. 2020, and to be presented for final passage on the 4th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 4th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk 5.2 Packet Pg. 79 Attachment: Ordinance No. 020, 2020 (8714 : SR 020 Appeal Procedures) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY February 4, 2020 City Council STAFF Perrie McMillen, Mediation/Restorative Justice Supervisor Bronwyn Scurlock, Legal SUBJECT First Reading of Ordinance No. 021, 2020, Making Appropriations and Authorizing Transfers of Appropriations for the Restorative Justice Services 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 $33,803 has been awarded 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, the Restorative Justice Conferencing Program (RJCP) and the Reflect Program for all other offenses. This amount is the remainder of the total 2019-2020 amount of $67,612. The first portion, $33,809, was appropriated through the 2019 Annual Adjustment Ordinance. This second portion covers expenses incurred January 1, 2020-June 30, 2020. The total grant amount is being appropriated in two separate Ordinances due to changes in state law, which affected the state grant award process. State partners were only able to guarantee half the grants funds in 2019, and then later guaranteed the second half of the funds. The required local match is $22,537, which is 25% of the total funding. This will be met by appropriating $5,370 in cash match funds from the CDNS operating budget previously designated for Restorative Justice Services. No cash match funds for this grant were appropriated in 2019, so this cash match appropriation meets the requirement. The rest of the match is in-kind, designated from the City in the form of office space for grant funded services; $8,584 in office space was met in 2019, and the remaining $8,584 in office space will be met in 2020. The grant period is July 1, 2019, to June 30, 2020. This is the third 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, RJCP (Restorative Justice Conferencing Program) and Reflect Program for all other offenses, has been partially grant funded since its inception in 2000. The Council accepts, on an annual basis, grant funds from Colorado Division of Criminal Justice to support its Restorative Justice Services program. 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 3,000 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 6 Packet Pg. 80 Agenda Item 6 Item # 6 Page 2 Justice Officials are optimistic that repeat offenses by these youth 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, victims, and community are harmed by their actions and hold them accountable. The intention is that these young people will make better future decisions and not commit the same or similar crimes. 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. Youth and families are referred to appropriate community resources based on needs identified during program participation. 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 the community. CITY FINANCIAL IMPACTS The additional grant funds in the amount of $33,803 from DCJ, Juvenile Diversion Grants, provides funding for the continuation of Restorative Justice Services. The match requirement will be met by appropriating $5,370 from the CDNS operating budget, previously designated for Restorative Justice Services. The rest of the match is in-kind; $17,168 (on an annual basis) is designated from the City in the form of office space provided for grant funded services. 6 Packet Pg. 81 -1- ORDINANCE NO. 021, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPROPRIATIONS AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE RESTORATIVE JUSTICE SERVICES PROGRAM WHEREAS, the Colorado Division of Criminal Justice (“DCJ”) Juvenile Diversion fund has awarded the City a grant in the amount of $33,803 for the continued operation of Restorative Justice Services; and WHEREAS, Restorative Justice Services includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program and Reflect Program for all other offenses; and WHEREAS, DCJ requires a local match of $22,537, which will be met by appropriating $5,370 in cash match funds from the Community Development and Neighborhood Services’ operating budget; and WHEREAS, the remainder of the match is in-kind in the amount of $17,168, and designated by the City in the form of office space for grant funded services; and WHEREAS, the appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of continuing Restorative Justice Services within Community and Neighborhood Services; 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 WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged; the purpose for which the funds were initially appropriated no longer exists; or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 82 -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from unanticipated grant revenue in the General Fund the sum of THIRTY-THREE THOUSAND EIGHT HUNDRED THREE DOLLARS ($33,803) for expenditure in the General Fund, Restorative Justice Services grant project, for the Restorative Justice Services program and appropriated therein. Section 3. That the unexpended appropriated amount of FIVE THOUSAND THREE HUNDRED SEVENTY DOLLARS ($5,370) is hereby authorized for transfer from the Neighborhood Services operating budget in the General Fund to the grant project for the Restorative Justice Services program and appropriated therein. Introduced, considered favorably on first reading, and ordered published this 4th day of February, A.D. 2020, and to be presented for final passage on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 83 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY February 4, 2020 City Council STAFF Judge Kathleen M. Lane, Chief Judge Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 022, 2020, Amending Chapter 19 of the Code of the City of Fort Collins Regarding Municipal Court. EXECUTIVE SUMMARY The purpose of this item is to make various updates to Chapter 19 of the City Code, which governs Municipal Court procedures, to bring the City Code into alignment with current Court practices and legal requirements. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Chapter 19 of the City Code governs procedures for criminal and civil cases in Municipal Court. In 2019 the City Attorney’s Office and Municipal Court staff began a review of Chapter 19 to determine whether it needed any updates to bring it into alignment with current legal standards or preferred Court practices. Based on that review, staff is recommending amendments to Chapter 19 that would accomplish the following: • Update references to the Judge to reflect the 2017 amendment to the City Charter creating the title of “Chief Judge” • Delete references to person’s being imprisoned for failing to pay fines, as this is no longer accepted practice • Other minor changes that reflect the Municipal Court’s preferred practices. A proposed addition to Section 19-3(b) would clarify that the Court’s adoption of the Colorado Rules of Civil Procedure is not meant to create any new civil causes of action in Municipal Court. This change is based on the experience of the Temporary Judge who handles civil cases filed in Municipal Court and has found that without this limiting language parties to these cases try to utilize procedures that are not appropriate to this discrete class of cases. CITY FINANCIAL IMPACTS The recommended changes will not result in any impacts to the City’s financial resources. 7 Packet Pg. 84 -1- ORDINANCE NO. 022, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 19 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING MUNICIPAL COURT WHEREAS, Chapter 19 of the City Code governs procedures for criminal and civil cases in Municipal Court; and WHEREAS, many provisions in Chapter 19 have not been updated in over a decade; and WHEREAS, in 2019 Municipal Court staff and the City Attorney’s Office began a systematic review of Chapter 19 to determine whether any amendments are needed to bring the City Code into alignment with current Court practices and legal requirements; and WHEREAS, based on that review, City staff is recommending the following changes: • Updates to reflect the 2017 amendment to the City Charter creating the title of “Chief Judge”; • Clarification that the Court’s adoption of the Colorado Rules of Civil Procedure is not meant to create any new civil causes of action in Municipal Court; • Deletion of references to a person’s being imprisoned for failing to pay fines, as this is no longer accepted practice, and the Court does not do so; and • Other minor changes that reflect the Municipal Court’s preferred practice; and WHEREAS, the City Council finds that the proposed changes are in the best interest of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the definition of “Municipal Judge” in Section 19-1 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-1. - Definitions. ... Municipal Judge shall mean and include the presiding Municipal Chief Judge, and all Assistant Municipal Judge(s), and Temporary Judge(s), unless the context requires otherwise. Section 3. That Section 19-3 of the Code of the City of Fort Collins is hereby amended to read as follows: Packet Pg. 85 -2- Sec. 19-3. - Rules of procedure. … (b) The Colorado Rules of Civil Procedure, as amended, shall govern the procedures in Municipal Court in all civil actions for a cause arising under the Charter, Code and City ordinances and as needed for the Municipal Court to determine whether it has jurisdiction over a cause in a civil action, but not for actions for violations, offenses and infractions of the Charter, Code and City ordinances which are to be governed by the procedures established in Subsection (a) of this Section. References to the district court in the Colorado Rules of Civil Procedure shall be deemed to refer to the Municipal Court. In addition, the Municipal Court shall liberally construe, administer and apply these rules as applicable in each civil action to secure the just, speedy and inexpensive determination of that civil action. In these civil actions, the Municipal Court shall be vested with the full authority to provide civil remedies, including, without limitation, equitable, injunctive and declaratory relief and to award costs and attorney fees to the full extent permitted by law. It shall also have the power in those actions to compel the attendance of witnesses, to punish for contempt of court and to enforce any award of equitable, declaratory or injunctive relief through its contempt power in accordance with the applicable provisions of the Colorado Rules of Civil Procedure, as amended. This Section is not intended to create any new causes of action in the Municipal Court, nor to provide procedures or relief beyond those contemplated by Rule 106(a)(4) of the Colorado Rules of Civil Procedure to actions undertaken strictly within the sphere of matters that are of the City’s local or municipal concern. Section 4. That Section 19-4 of the Code of the City of Fort Collins is hereby amended by deleting it in its entirety. Sec. 19-4. - Failure to pay fine or penalty. (a) Any person against whom a fine or penalty is assessed by the Municipal Court for a violation of a misdemeanor offense who refuses or neglects to pay the fine or penalty or who violates any condition placed thereon by the Municipal Judge may be imprisoned for such refusal, neglect or violation. (b) A person imprisoned for refusing or neglecting to pay such fine or penalty shall be credited at a rate established by the Municipal Judge in the Municipal Court Schedule of Fines. Section 5. That Section 19-5 of the Code of the City of Fort Collins is hereby renumbered as Section 19-4 and amended to read as follows: Sec. 19-54. - Contempt of court. … (c) Out of presence of Court. When it appears to the Municipal Court by motion supported by affidavit that a contempt has been committed out of the presence of the Municipal Court, the Packet Pg. 86 -3- Municipal Court may ex parte order a citation to issue to the person so charged to appear and show cause at a time designated why he or she should not be punished for contempt. The citation and a copy of the motion and affidavit shall be served upon such person within a reasonable time before the time designated. If such person fails to appear at the time so designated, or if the Municipal Court so orders when the citation is issued or thereafter, a warrant for his or her arrest may be issued. Such warrant shall fix the time for the production of such person in Court. The Municipal Court shall direct by endorsement thereon the amount of the bail required. If such person is arrested under the warrant issued by the Municipal Court, makes bond and fails to appear at the time designated in the warrant, or at any time to which the hearing may be continued, the bond may be forfeited, and the amount thereof, to the extent of the damages suffered by the contempt, shall be paid to the person damaged thereby, which person may include the Municipal Court but shall not include the Municipal Judge of the Municipal Court. If the person arrested fails to make bond, he or she shall be kept in custody, subject to the order of the Municipal Court. The Municipal Court shall hear the evidence for and against the person charged, and it may find him or her guilty of contempt and by order prescribe the punishment therefor. A fine may be imposed not exceeding the damages suffered by the contempt, plus costs of the contempt proceeding, plus reasonable attorney's fees in connection with the contempt proceeding, payable to the person damaged thereby, which person may include the Municipal Court but shall not include the Municipal Judge of the Municipal Court. If the contempt consists of the failure to perform an act in the power of the person to perform, he or she may be imprisoned until its performance. In addition thereto, to vindicate the dignity of the Municipal Court, if the citation so states, a fine or imprisonment may be imposed. If any such fine is not paid, the Municipal Court may order the contemnor imprisoned until payment thereof, in accordance with § 19-4 of this Code. Section 6. That Section 19-36 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-36. - Creation; jurisdiction; qualifications. (a) The Municipal Chief Judge is authorized and empowered to appoint one (1) or more Referees to hear certain municipal ordinance violations relating to parking or Municipal Code violations designated as civil infractions, and to review any costs of abatement or removal assessed pursuant to civil infraction provisions of this Code, as the Municipal Chief Judge may from time to time designate. Such alleged violations may include any offense or infraction which may now or in the future be included in the schedule of payable fines established by the Municipal Chief Judge pursuant to law except any offense which might result in the assessment of points by the State Department of Revenue against the responsible party's driving license or privilege. ... (c) A Referee appointed by the Municipal Judge The Chief Judge shall appoint a Referee to hear civil infractions shall be appointed from a list of candidates chosen by a staff committee representing each of the following: Municipal Court, Neighborhood Services, and the City Attorney's Office and the Human Resources Department. Packet Pg. 87 -4- ... Section 7. That Section 19-38 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-38. - Procedures for hearings before referee. (a) The Referee is authorized to adopt rules and procedures governing conduct of hearings in accordance with the provisions of this Article. The Municipal Chief Judge shall approve all such rules and procedures prior to their adoption by the Referee. Section 8. That Section 19-39 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-39. - Order of the referee. ... (b) If a defendant fails to answer a citation or notice to appear before a Referee, a default judgment will enter in the amount of the civil penalty plus all costs, expenses and damages. In the event a defendant fails to pay a civil penalty, costs, damages and expenses within thirty (30) seven (7) days after the payment is due or fails to pay a default judgment, the City may pursue any legal means for collection and, in addition, may obtain an assessment against the property that is the subject of the violation if the Code violation is designated as a civil infraction. Section 9. That Section 19-40 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-40. - Record of proceedings and hearings. A written record of all proceedings shall be maintained made by the Referee and maintained by the Municipal Court. The record shall contain the name of the alleged responsible party, the date of the appearance before the Referee, the complaint number, the date, place and type of violation and any order of the Referee. All hearings and evidence presented at the hearing shall be recorded verbatim, by either electronic devices or stenographic means. Section 10. That Section 19-66 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-66. - Payment without appearance. (a) Except for those violations that require an appearance before the Municipal Court, Tthe Municipal Court Clerk shall accept payment in full of the amount due for a civil infraction citation by a defendant without an appearance before the Municipal Court if payment is made after the issuance of the charging document and prior to the date and time scheduled for the first Packet Pg. 88 -5- hearing, provided that the Municipal Court Clerk has a copy of the charging document. Such payment shall be separately accounted for and deposited into the City's general fund in accordance with the rules and procedures of the Finance Department. … Section 11. That Section 19-69 of the Code of the City of Fort Collins is hereby amended by deleting subparagraph (d) in its entirety. Sec. 19-69. - Judgment and procedures after hearing. … (d) If the defendant fails to satisfy the judgment immediately following the final hearing or within the time allowed by a reasonable extension granted upon a showing of good cause by and upon application of the defendant, then such failure shall be treated as a default. Introduced, considered favorably on first reading, and ordered published this 4th day of February, A.D. 2020 and to be presented for final passage on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 89 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY February 4, 2020 City Council STAFF Mike Calhoon, Director of Parks Jill Hueser, Legal SUBJECT Items Relating to Updating Certain Minor Code Violations and Related Penalties. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 023, 2020, Amending the Code of the City of Fort Collins to Reclassify Certain Offenses as Petty Offenses and Update the Potential Monetary Penalty for Code Violations. B. First Reading of Ordinance No. 024, 2020, Amending Section 17-102 of the Code of the City of Fort Collins Regarding the Offense of Throwing Missiles. The purpose of this item is to reclassify some misdemeanors as petty offenses, update and simplify the maximum possible fine for all types of offenses and amend the throwing missiles offense to reflect behavior that threatens safety and not simply any throwing of anything. STAFF RECOMMENDATION Staff recommends adoption of both Ordinances on First Reading. BACKGROUND / DISCUSSION Under current Code provisions, the City can classify a Code violation as a misdemeanor, a petty offense or a civil infraction. City Council created the petty offense classification in 2017 and at that time it was limited to smoking violations. However, Council indicated its desire that all municipal misdemeanors be reviewed to determine whether reclassification might be appropriate. Both misdemeanors and petty offenses provide benefits and are appropriate depending on the specific law being broken, as noted in the following points: • Misdemeanor offenses constitute a criminal violation of City Code. These offenses are punishable by a maximum fine of $3,020 and 180 days in jail. If someone does not appear for their court date or pay their fine, the City can issue a warrant for that person’s arrest. These offenses are a part of an individual’s criminal record and can impact people’s ability to apply for and compete for jobs. • Petty offenses are still criminal in nature but do not carry the possibility of jail time and are not required to be reported in most job applications; however, the City may still issue a warrant for a petty offense violation if a defendant does not appear for court. Some municipal offenses currently classified as misdemeanors are minor enough in nature that they never merit a jail sentence and the long-term effect on job applications is disproportionate to the severity of the offense. Others are already classified as petty offenses at the state level (although the state has two levels of petty offenses and the higher level does carry the possibility of a jail sentence). Staff focused on identifying such violations and submitting them for possible reclassification. 8 Packet Pg. 90 Agenda Item 8 Item # 8 Page 2 Legal staff met with Parks, Natural Areas, and Police Services to get input on which offenses to reclassify. Staff recommendations from these departments weighed heavily in the final recommendations. In addition, the Code currently provides for only a $500 maximum fine for petty offenses but an ever-increasing (based on inflation rates) maximum fine for misdemeanors and civil infractions. This leads to two issues: first, a more serious offense (a petty offense) has a lesser possible penalty than a less serious offense (civil infraction), and second it is difficult, if not impossible, for an average individual to calculate the maximum possible fine based solely on looking at the Code. In addition, if the City Council decides to reclassify the proposed offenses, some carry a penalty on the fine schedule that is greater than $500 (i.e., unreasonable noise). This Ordinance proposes setting the maximum fine for all types of violations near the statutorily allowed maximum. The Council could then periodically review the maximum fine amount and determine whether to increase it as allowed. Also, while reviewing offenses to make the recommendations, staff reviewed the charge of throwing missiles. Rather than recommend its reclassification, staff is recommending its amendment. Throwing missiles at vehicles will remain a misdemeanor as it represents highly dangerous behavior. Throwing missiles otherwise will no longer be a criminal offense unless it fits within other Code provisions. For example, if an individual threw a missile and hit another person, he or she could be charged with either harassment or assault depending on whether there was injury. If an individual threw a missile at property and damaged it, that person could be charged with criminal mischief. CITY FINANCIAL IMPACTS If Council elects to standardize the possible maximum fines for all types of offenses, this Ordinance should have no impact on fine collection. It should also save money for the City by reducing the seriousness of some offenses, as individuals are not entitled to court-appointed counsel if jail is not a possible outcome of their case. Therefore, anyone charged with a petty offense does not get counsel paid for by the City. Overall this change should reduce City costs while having no impact on fine revenue. 8 Packet Pg. 91 -1- ORDINANCE NO. 023, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS TO RECLASSIFY CERTAIN OFFENSES AS PETTY OFFENSES AND UPDATE THE POTENTIAL MONETARY PENALTY FOR CODE VIOLATIONS WHEREAS, on December 19, 2017, the City Council adopted Ordinance No. 171, 2017, establishing a category of Code violation offenses classified as petty offenses; and WHEREAS, certain offenses are currently classified as petty offenses under state law but misdemeanors under the Code of the City of Fort Collins; and WHEREAS, City staff believes certain minor offenses, while appropriately classified as criminal rather than civil offenses, need not have jail as a possible penalty; and WHEREAS, classifying these minor offenses as civil infractions is also not a satisfactory solution because the Municipal Court cannot issue warrants for failure to appear in court on civil infractions, making them harder to enforce; and WHEREAS, these minor offenses further merit criminal classification based on their severity but are minor enough that the City would not ask for, nor would the Court impose, a jail sentence for such violations; and the impact of a lifetime misdemeanor conviction is disproportionate to the severity of the offense; and WHEREAS, Ordinance No. 171, 2017 provided that City staff would review certain civil infractions and misdemeanors in the City Code, determine whether they ought to be reclassified, and bring before City Council for consideration any recommended reclassification; and WHEREAS, the City Attorney’s Office has consulted with City enforcement staff in several departments, including Police Services, Parks and Natural Areas, to develop a list of proposed City Code violations that could properly be reclassified as petty offenses, or charged as petty offenses for a first offense, with a second offense within twelve months classified as a misdemeanor offense; and WHEREAS, City Code violations that staff recommends be reclassified as petty offenses include: • Minor possession of tobacco • Littering • Use of parking areas • Possession of graffiti materials by a minor • Misuse of toxic vapors • Certain prohibited activities within natural areas • Certain prohibited activities within parks; and WHEREAS, City Code violations that staff recommends be reclassified as petty offenses only for a first offense include tampering with refuse containers, and unreasonable noise; and Packet Pg. 92 -2- WHEREAS, the City Code currently sets potential maximum fines for misdemeanors and civil infractions as permitted by state statute and adjusted annually for inflation, but currently limits fines for petty offenses to five hundred dollars ($500) with no adjustment for inflation over time; and WHEREAS, the inflation adjustment called for in the City Code makes it hard for anyone looking at the City Code to determine what the actual maximum penalty is for misdemeanors and civil infractions; and WHEREAS, some of the proposed reclassified offenses may merit fines in excess of five hundred dollars ($500) under certain circumstances and in alignment with civil infraction fines; and WHEREAS, City staff is recommending that the maximum potential fine be set at the same amount for all levels of offenses and no longer automatically adjusted for inflation, so that the actual maximum fine is clear in the City Code; and WHEREAS, based on recent awareness of children possibly being charged with a misdemeanor for throwing snowballs at one another, staff is also proposing amending Section 17-102 of the City Code related to throwing missiles to make it apply only to throwing missiles at vehicles; and WHEREAS, juveniles are not subject to sentence to incarceration under any circumstances based on a violation of the Code of the City of Fort Collins; and WHEREAS, the City Council has determined that the proposed amendments are in the best interests of the City and are necessary for the health, safety, and welfare of the City’s citizens. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 1-15 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 1-15. General penalty and surcharges for misdemeanors offenses, petty offenses, traffic offenses, and traffic and civil infractions. (a) Except as to petty offenses, traffic infractions described in Subsection (b) below, and any civil infraction specified as such in this Code, any person who shall violate any provision of this Code, the Charter or any provision of any code or other regulation adopted by reference by this Code, by doing any act prohibited or declared to be unlawful thereby, or who shall engage in any Packet Pg. 93 -3- business, occupation or activity for which a license or permit is required without having a valid license or permit therefor, or who shall fail to do any act required by any such provision, or who shall fail to do any act when such provision declares such failure to be unlawful or to be an offense or misdemeanor, shall be guilty of a misdemeanor and, upon conviction, shall be punished by the penalty specifically provided for such violation or, if none, then by a fine not exceeding two thousand six hundred fifty dollars ($2,650.) a fine and any surcharge, the total of which is not to exceed three thousand dollars ($3,000), or by imprisonment not exceeding one hundred eighty (180) days, or by both such fine and imprisonment, in addition to any costs which may be assessed. No person under the age of eighteen (18) years as of the date of the offense shall be subject to imprisonment except in the case of failure to comply with a lawful order of the court, including an order to pay a fine, and then only in the manner provided in Section 13-10- 113, C.R.S., and the Colorado Children's Code, Section 19-1-101 et seq., C.R.S. Each day upon which a violation continues shall constitute a separate misdemeanor offense unless some other specific time period is provided for any particular offense. The maximum fine set forth above shall be adjusted for inflation on January 1 of each calendar year. For the purpose of this provision, inflation shall mean the annual percentage change in the United States Department of Labor, Bureau of Labor Statistics, consumer price index for Denver-Boulder, all items, all urban consumers, or its successor index. (b) A violation of any provision of Chapter 28, Vehicles and Traffic, in this Code or the Fort Collins Traffic Code, shall be deemed to be a traffic infraction if, at the time of the commission of the violation, its counterpart violation under the provisions of Article 4 in Title 42 of the Colorado Revised Statutes, if any, is designated by state law as being a traffic infraction. If no counterpart violation exists under state law, the violation shall be deemed to be a traffic infraction. All other violations under Chapter 28 of this Code or the Fort Collins Traffic Code shall be considered misdemeanors punishable as described in Subsection (a) above. Any person against whom judgment is entered for a traffic infraction under this Code shall be subject to the penalty of a fine and any surcharge, the total of which is not to exceed two thousand six hundred fifty dollars ($2,650.) three thousand dollars ($3,000), and shall not be subject to imprisonment on account of such judgment. The maximum fine set forth above shall be adjusted for inflation on January 1 of each calendar year. For the purpose of this provision, inflation shall mean the annual percentage change in the United States Department of Labor, Bureau of Labor Statistics, consumer price index for Denver-Boulder, all items, all urban consumers, or its successor index. … (f) Except as provided in Paragraph (4) below, any person found responsible for a violation of this Code designated as a civil infraction shall pay a civil penalty for such infraction of not more than two thousand six hundred fifty dollars ($2,650.) three thousand dollars ($3,000). Said amount shall be adjusted for inflation on January 1 of each calendar year. For the purpose of this provision, inflation shall mean the annual percentage change in the United States Department of Labor, Bureau of Labor Statistics, consumer price index for Denver-Boulder, all items, all urban consumers, or its successor index, plus costs, damages and expenses as follows: … Packet Pg. 94 -4- (h) Any person who shall violate any provision of this Code designated as a petty offense shall pay a penalty for such offense of not more than five hundred dollars ($500). a fine and any surcharge, the total of which is not to exceed three thousand dollars ($3,000), and shall not be subject to imprisonment on account of such judgment. Jail shall not be a possible penalty for petty offenses. The municipal court is authorized to impose a probation sentence for petty offenses. Notwithstanding the provisions of this subsection (h), the maximum fine for a violation of the Code of the City of Fort Collins Article III, Section 12 (smoking in public areas) shall be not more than five hundred dollars ($500). Section 3. That Section 12-20 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 12-20. Tampering with refuse or rubbish containers prohibited. . . . (c) Any person who violates any provision of this §12-20 shall be guilty of a petty offense punishable by a fine in accordance with §1-15(h) unless such violation is a second or subsequent violation within a twelve (12) month period. Any person who commits a second or subsequent violation of this § 12-20 within a twelve (12) month period shall be guilty of a misdemeanor punishable by a fine or jail in accordance with § 1-15(a). Section 4. That Section 12-98 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 12-98. Minors prohibited from purchasing, possessing or using tobacco products. . . . (c) Any person who violates any part of this §12-98 is guilty of a petty offense punishable by a fine in accordance with §1-15(h). Section 5. That Section 17-41 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 17-41. Littering . . . (d) Any person who violates any provision of this § 17-41 shall be guilty of a petty offense punishable by a fine in accordance with § 1-15(h). Section 6. That Section 17-125 of the Code of the City of Fort Collins is hereby amended to read as follows: Packet Pg. 95 -5- Sec. 17-125. Use of parking areas. (a) Those portions of College Avenue (between Magnolia Street and Maple Street) and Mountain Avenue (between Howes Street and Peterson Street) designated for parking between the curbs of said avenues shall only be used for parking purposes. Any person not remaining inside a vehicle in such parking area shall immediately leave the parking area by the safest direct route. No person shall remain outside a vehicle in such parking area. (a) Any person who violates this § 17-125 commits a petty offense punishable by a fine in accordance with § 1-15(h). Section 7. That Section 17-129 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 17-129 Unreasonable Noise . . . (e) Any person who violates this § 17-129 commits a petty offense punishable by a fine in accordance with §1-15(h) unless such violation is a second or subsequent violation within a twelve (12) month period. Any person who commits a second or subsequent violation of this § 17-129 within a twelve (12) month period shall be guilty of a misdemeanor punishable by a fine or jail in accordance with § 1-15(a). Section 8. That Section 17-136 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 17-136. Possession of graffiti materials by minors prohibited. . . . (c) Any person who violates this § 17-136 commits a petty offense punishable by a fine in accordance with § 1-15(h). Section 9. That Section 17-162 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 17-162. Use or possession as narcotic prohibited. (a) No person shall intentionally smell or inhale the fumes of any substance releasing toxic vapors for the purpose of causing a condition of euphoria, excitement, exhilaration, stupefaction or dulled senses or nervous system, nor possess, buy or use any such substance for the purpose of violating or aiding another to violate this Section. (b) Any person who violates this § 17-162 commits a petty offense punishable by a fine in accordance with § 1-15(h). Any person who commits a second or subsequent violation of this § Packet Pg. 96 -6- 17-162 within a twelve (12) month period shall be guilty of a misdemeanor punishable by a fine or jail in accordance with § 1-15(a). Section 10. That Section 23-193 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-193. Prohibited acts; permits. . . . (f) Any person who violates subsections (a)(2), (a)(5), (a)(6), (a)(7), (a)(8), (a)(12), (a)(14), (a)(17), (b), (d)(2), (d)(3), (d)(5), (d)(11), (d)(12), or (d)(16) of this § 23-193 is guilty of a petty offense punishable by a fine in accordance with § 1-15(h). Any person who violates any other subsection of this § 23-193 commits a misdemeanor punishable by a fine or jail in accordance with § 1-15(a). (g) Any person who violates subsection (a)(16) of this § 23-193 shall be guilty of the level of offense applicable to the underlying violation. Section 11. That Section 23-203 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-203. Prohibited acts; permits. . . . (f) Any person who violates subsections (a)(3), (a)(9), (a)(10), (a)(12), (b), (d)(3), (d)(10), or (d)(11) of this § 23-203 is guilty of a petty offense punishable by a fine in accordance with § 1- 15(h). Any person who violates any other subsection of this § 23-203 commits a misdemeanor punishable by a fine or jail in accordance with § 1-15(a). (g) Any person who violates subsection (a)(15) of this § 23-203 shall be guilty of the level of offense applicable to the underlying violation. Introduced, considered favorably on first reading, and ordered published this 4th day of February, A.D. 2020, and to be presented for final passage on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 97 -7- Passed and adopted on final reading on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 98 -1- ORDINANCE NO. 024, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 17-102 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING THE OFFENSE OF THROWING MISSILES WHEREAS, Section 17-102 of the City Code currently makes it a misdemeanor offense to throw any stone, snowball, or missile at a vehicle, building, private or public property or at any person and defines a missile as any object or substance; and WHEREAS, the current wording of the offense is overly broad, leading it to prohibit actions that do not merit criminal treatment, such as the throwing of snowballs or sports balls; and WHEREAS, throwing missiles at vehicles causes a specific safety concern, while throwing missiles at persons or buildings is subject to prosecution under assault or criminal mischief ordinances, making it redundant to include in the separate offense of throwing missiles; and WHEREAS, City staff is therefore recommending that throwing missiles be amended to narrow the scope of the offense to behavior that causes great risk and is not encompassed by another offense; and WHEREAS, the City Council has determined that the proposed amendment is in the best interests of the City and is necessary for the health, safety, and welfare of the City’s citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 17-102 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 17-102. Throwing of missiles. (a) No person shall throw any stones, snowballs or missiles upon or at any vehicle, building or other public or private property or upon or at any person in any public place. Packet Pg. 99 -2- Introduced, considered favorably on first reading, and ordered published this 4th day of February, A.D. 2020, and to be presented for final passage on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 100 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY February 4, 2020 City Council STAFF Sara Lynd, Police Sergeant Bronwyn Scurlock, Legal SUBJECT First Reading of Ordinance No. 025, 2020, Amending Various Sections of the Fort Collins Traffic Code. EXECUTIVE SUMMARY The purpose of this item is to ensure that the Fort Collins Traffic Code is consistent with Colorado traffic laws. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Colorado General Assembly regularly amends certain statutory provisions relating to traffic laws. At the time of the most recent adoption of the Traffic Code, it was the understanding of staff and Council that the Traffic Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also to ensure that the Traffic Code remains consistent with state traffic laws. This Ordinance reflects proposed changes to the Traffic Code to be consistent with amended or recently adopted statutory provisions relating to inoperable or malfunctioning traffic control signals and parking in electric motor vehicle charging stations. Further, staff has added a section to the careless driving provision to make it consistent with state law. 9 Packet Pg. 101 -1- ORDINANCE NO. 025, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING VARIOUS SECTIONS OF THE FORT COLLINS TRAFFIC CODE WHEREAS, on February 18, 2003, by Ordinance No. 016, 2003, the City Council adopted the Fort Collins Traffic Code (the “Traffic Code”); and WHEREAS, at the time of the adoption of the Traffic Code, it was the understanding of staff and City Council that the Traffic 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 Traffic Code remains consistent with Colorado traffic laws; and WHEREAS, the Colorado General Assembly has amended certain statutory provisions relating to inoperable or malfunctioning traffic control signals; and WHEREAS, the Colorado General Assembly has added new statutory provisions related to parking in electric motor vehicle charging stations; and WHEREAS, staff has added a section to the careless driving provision to make it consistent with state law; and WHEREAS, City staff has reviewed these changes and recommends amending the Traffic Code to be consistent with these changes; and WHEREAS, the Council has determined that these Traffic 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 612 of the Traffic Code is hereby amended to read as follows: 612. When signals are inoperative or malfunctioning. (1) WheneverWhen a driver approaches an intersection and faces a traffic control signal whichthat is inoperative, or whichthat remains on steady red or steady yellow during several time cycles, or that does not recognize a motorcycle that is operated by the driver, the rulesprovisions controlling entrance to a through street or highway from a stop streetsign or highway, as provided under Section 703, shall apply until a police officer or emergency services personnel assumes control of traffic or until the traffic control signal resumes normal operation is resumed. In the event that anyIf a traffic control signal at a place other than an intersection should ceases to operate or should malfunction as set Packet Pg. 102 -2- forth in this Sectionmalfunctions, drivers may proceed throughpast the inoperative or malfunctioning signal only with caution, as if the signal were one of flashing yellow. . . . Section 3. That Section 705 of the Traffic Code is hereby amended to read as follows: 705. Operation on approach of emergency vehicles. . . . (3) A driver in a vehicle that is approaching or passing a stationary authorized emergency vehicle that is giving a visual signal by means of flashing, rotating or oscillating red, blue or white lights as permitted by Section 213 or 222 shall exhibit due care and caution and proceed as described in Paragraphs (a) and (b) of this Subsection (3) Subsections (4) and (5) of this Section when approaching or passing: Any person who violates this Subsection (3) of this Section commits careless driving as described in Section 1402. (a) A stationary authorized emergency vehicle that is giving a visual signal by means of flashing, rotating, or oscillating red, blue, or white lights as permitted by Section 213 or 222; (b) A stationary towing carrier vehicle that is giving a visual signal by means of flashing, rotating, or oscillating yellow lights; or (c) A stationary public utility service vehicle that is giving a visual signal by means of flashing, rotating, or oscillating amber lights. (a4) On a highway with at least two (2) adjacent lanes proceeding in the same direction on the same side of the highway where a stationary authorized emergency vehicle, stationary towing carrier vehicle, or stationary public utility service vehicle is located, the driver of an approaching or passing vehicle shall proceed with due care and caution and yield the right-of-way by moving into a lane at least one (1) moving lane apart from the stationary authorized emergency vehicle, stationary towing carrier vehicle, or stationary public utility service vehicle unless directed otherwise by a peace officer or other authorized emergency personnel. If movement to an adjacent moving lane is not possible due to weather, road conditions or the immediate presence of vehicular or pedestrian traffic, the driver of the approaching vehicle shall proceed in the manner described in Subsection (5) of this Section. paragraph (b) of this Subsection (3). (b5) On a highway that does not have at least two (2) adjacent lanes proceeding in the same direction on the same side of the highway where a stationary authorized emergency vehicle is located, or if the movement by the driver of the approaching vehicle into an adjacent moving lane, as described in Paragraph (a) of this Subsection (3), is not possible, the driver of an approaching vehicle shall reduce and maintain a safe speed with regard to the location of the stationary authorized vehicle, stationary towing vehicle, or stationary public utility service Packet Pg. 103 -3- vehicle, weather conditions, road conditions and vehicular or pedestrian traffic and proceed with due care and caution, or as directed by a peace officer or other authorized emergency personnel. (c6) Any person who violates this Subsection (3) of this Section commits careless driving as described in Section 1402. Section 4. That a new Section 1228 is hereby added to the Traffic Code which reads in its entirety as follows: 1228. Parking in electric motor vehicle charging stations. (1) As used in this Section: (a) Official sign shall mean a sign identifying a parking space for electric motor vehicle charging that cites this section. (b) Plug-in electric motor vehicle shall mean a motor vehicle that has received an acknowledgment of certification from the Federal Internal Revenue Service that the vehicle qualifies for the plug-in electric drive vehicle credit set forth in 26 U.S.C. Sec. 30D, as amended, or any successor statute; or any motor vehicle that can be recharged from an external source of electricity and that uses electricity stored in a rechargeable battery pack to propel or contribute to the propulsion of the vehicle’s drive wheels. (2) The owner of public or private property may install official signs that identify a parking space as a dedicated charging station. The installation operates as a waiver of any objection the owner may assert concerning enforcement of this section. A police officer or specially-commissioned officer may enforce this section on private property. (3) (a) A person shall not park a motor vehicle within a parking space designated for charging a plug-in electric motor vehicle unless the motor vehicle is a plug-in electric motor vehicle. (b) Except as provided in subsection (4) of this section, a person shall not park a plug-in electric motor vehicle in a parking space with a dedicated charging connector for the parking space unless the person is parked in the charging station for the purpose of charging the plug-in electric motor vehicle. (c) A plug-in electric motor vehicle is rebuttably presumed to not be charging if the motor vehicle is: (I) parked in a charging station parking space with a dedicated charging connector for the space; and Packet Pg. 104 -4- (II) not continuously and electrically connected to the charger for longer than thirty (30) minutes. (4) (a) A person may park a plug-in electric motor vehicle at a charging station after the motor vehicle is fully charged in a parking lot: (I) that serves a lodging business if the person is a client of the lodging business and has parked the plug-in electric motor vehicle in the lot to charge overnight; (II) that serves an airport if the person is a client of the airport and has parked the plug-in electric motor vehicle in the lot to charge when traveling; or (III) between the hours of 11 p.m. and 5 a.m. (b) The exception in subsection (4)(a) of this section is an affirmative defense to a violation of subsection (3) of this section. (5) A person who violates this section commits a traffic infraction. Section 5. That Section 1402 of the Traffic Code is hereby amended to read as follows: 1402. Careless driving. (1) A person who drives a motor vehicle or low-power scooter in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic and use of the streets and highways and all other attendant circumstances, is guilty of careless driving. (2) Any person who violates any provision of this Section commits a misdemeanor traffic offense. Introduced, considered favorably on first reading, and ordered published this 4th day of February, A.D. 2020, and to be presented for final passage on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 105 -5- Passed and adopted on final reading on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 106 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY February 4, 2020 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Items Relating to the Soldier Canyon Pump Station Annexation. EXECUTIVE SUMMARY A. Resolution 2020-014 Setting Forth Findings of Fact and Determinations Regarding the Soldier Canyon Pump Station Annexation. B. Public Hearing and First Reading of Ordinance No. 026, 2020, Annexing the Property Known as the Soldier Canyon Pump Station Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex the tract of land known as the Soldier Canyon Pump Station Annexation, located at 4316 Laporte Ave. The Applicant, Platte River Power Authority, has submitted a written petition requesting the annexation. The purpose of the annexation is to allow the Soldier Canyon Pump Station to be served by Fort Collins Light and Power, rather than Xcel Energy. This is a voluntary annexation. The Soldier Canyon Pump Station Annexation totals 0.702 acres; it achieves the required 1/6 perimeter boundary contiguity with the existing municipal boundaries to the north, west and south. The site is enclosed on three sides by the City of Fort Collins Water Treatment Facility at 4316 Laporte Avenue. The annexation would incorporate the site into Fort Collins’ municipal boundaries, as well as the Residential Neighborhood Sign District. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION History The Soldier Canyon Pump Station property owned by Platte River Power Authority (Platte River) is surrounded on three sides by property that is located within the City of Fort Collins. The property is currently served by Xcel Energy, utilizing a feeder line that crosses the City Water Treatment Plant site. In order to better utilize its property, the City initiated a request to remove Xcel’s service feeding Platte River’s property. The annexation of the Solider Canyon Pump Station property will allow Platte River to obtain electric service from the City and discontinue service from Xcel. This will allow the Xcel feeder line to be removed from City property. 10 Packet Pg. 107 Agenda Item 10 Item # 10 Page 2 Growth Management Area The Soldier Canyon Pump Station Annexation is located outside the established Growth Management Area (GMA). Pursuant to Section 7.F. of the Intergovernmental Agreement (Regarding Cooperation on Managing Urban Development) between Larimer County and City of Fort Collins, the City of Fort Collins, at its sole discretion, may annex outside the Fort Collins GMA. Notification to the Board of County Commissioners for review and comment was completed on December 16, 2019, with no follow-up comments provided. The Larimer County Planning Department provided referral comments on October 29, 2019, in which no concerns were raised. Contiguity The land within Annexation consists of 0.702-acres, with a total contiguous perimeter (523.58 feet) of 74%, which satisfies the one-sixth (1/6) area required. Contiguity is gained from the 2017 Water Treatment Facility Annexation No. 4, Ordinance No. 023, 2018. Enclave Implications Annexing this 0.702-acre tract of land does not create (nor does it contribute to creating) an enclave. Previous Council Actions On December 17, 2019, City Council unanimously adopted Resolution 2019-111, initiating the annexation of property owned by Platte River Power Authority, which accepted the annexation petition and determined that the petition followed all applicable state laws and notification requirements. CITY FINANCIAL IMPACTS The annexation and zoning will not result in any initial direct significant financial/economic impacts. Electric service will be transferred from Xcel Energy to Fort Collins Light and Power. Any future development would also trigger the transition from law enforcement by the Larimer County Sheriff to Fort Collins Police Services. Water and wastewater utility services will be provided by the City of Fort Collins. BOARD / COMMISSION RECOMMENDATION At its December 19, 2019, meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation and recommend that the property be placed in the Residential Foothills (R-F) Zone District, as well as into the Residential Neighborhood Sign District. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH Notice of this annexation was published as required by Colorado Revised Statues Section 31-12-108. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) 10 Packet Pg. 108 LAPORTE AVE COLORADO UNIVERSITY STATE - FOOTHILLS COLORADO UNIVERSITY STATE - FOOTHILLS Soldier Canyon Vicinity Pump Map Station Annexation 1 inch = 300 feet ± Site City Water Treatment Plant ATTACHMENT 1 10.1 Packet Pg. 109 Attachment: Vicinity Map (8689 : Soldier Canyon Pump Station Annexation) Colorado State University - Foothills Colorado State University - Foothills Overland Park Horsetooth Reservoir College Lake Lee Lake Claymore Lake Michaud Ln Rampart Rd D e a n D r N Hollywood St Wakonda Dr D ou b l etr e e D r Louise Ln W E l i z a bet h S t W Vine Dr Headwater Dr W Olive St High St Theo Ave W Magn o l ia St Tierra Ln Hartman St N Co u n t y Roa d 2 3 S C Colorado State University - Foothills Colorado State University - Foothills RF RL RF LMN UE Overland Park Horsetooth Reservoir College Lake Lee Lake Claymore Lake Michaud Ln Rampart Rd D e a n D r N Hollywood St C one f l o w e r D r Wakonda Dr D ou b l etr e e D r Louise Ln W E l i z a bet h S t W Vine Dr Headwater Dr W Olive St High St Theo Ave W Magn o l ia St -1- RESOLUTION 2020-014 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE SOLDIER CANYON PUMP STATION ANNEXATION WHEREAS, pursuant to Resolution 2019-111, annexation proceedings were initiated by the City Council for property to be known as the Soldier Canyon Pump Station Annexation (the “Property”); and WHEREAS, following published notice as required by Colorado Revised Statutes Section 31-12-108, the City Council held a hearing on said annexation on February 4, 2020. 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. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of February, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 112 -1- ORDINANCE NO. 026, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE SOLDIER CANYON PUMP STATION ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2019-111, finding substantial compliance and initiating annexation proceedings for the Soldier Canyon Pump Station Annexation, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2020-014 setting forth findings of fact and determinations regarding the Soldier Canyon Pump Station 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 Soldier Canyon Pump Station 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 2019-111 and Resolution 2020-014 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the Property, more particularly described as: A parcel of land, located in the Northwest Quarter (NW1/4) of Section Eight (8), Township Seven North (T.7N.), Range Sixty-nine West (R.69W.) of the Sixth Principal Meridian (6th P.M.), County of Larimer, State of Colorado and being more particularly described as follows: COMMENCING at the Northeast corner of the Water Treatment Facility Annexation No. 4 recorded March 7, 2018 as Reception No. 20180013461 of the Records of Larimer County and assuming the East line of said Water Treatment Facility Annexation No. 4 as bearing South 11°53’09” East a distance of 1000.96 feet with all other bearings contained herein relative thereto; THENCE South 11°53’09” East along the East line of said Water Treatment Facility Annexation No. 4 a distance of 1000.96 feet to the POINT OF BEGINNING; THENCE South 11°53’09” East a distance of 95.20 feet; Packet Pg. 113 -2- THENCE South 10°51’20” East a distance of 79.81 feet to the East line of said Water Treatment Facility Annexation No. 4; The following Three (3) courses are along the Easterly lines of said Water Treatment Facility Annexation No. 4; THENCE South 78°06’51” West a distance of 173.57 feet; THENCE North 11°53’09” West a distance of 175.00 feet; THENCE North 78°06’51” East a distance of 175.01 feet to the POINT OF BEGINNING. Said described parcel of land contains 30,569 square feet or 0.702 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 Soldier Canyon Pump Station Annexation, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 4. That, in annexing the Property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the Property hereby annexed except as may be provided by ordinances of the City. Section 5. That, as a condition of annexing the Property, the Property owner, Platte River Power Authority, shall reimburse the City for all costs to acquire existing Xcel Energy, Inc., infrastructure located on the Property and associated with the switch to electricity being provided by the City. Section 6. 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 4th day of February, A.D. 2020, and to be presented for final passage on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 114 -3- Passed and adopted on final reading on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 115 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY February 4, 2020 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Public Hearing and First Reading of Ordinance No. 027, 2020, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Soldier Canyon Pump Station 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 2019-064. The purpose of this item is to apply a zoning to the property included in the annexation known as the Soldier Canyon Pump Station Annexation. Soldier Canyon Pump Station Annexation, owned by the Platte River Power Authority, is located adjacent to the City of Fort Collins Water Treatment Facility at 4316 Laporte Avenue and is 0.702 acres in size. The proposed zoning for this annexation is Residential Foothills (R-F). The surrounding uses include the existing City Water Treatment Plant to the north, south and west, and Colorado State University Solar Farm to the east. The abutting City limits to the north, south and west are zoned Residential Foothills (R-F). Staff also recommends placement into the Residential Neighborhood Sign District. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning for this annexation is the Residential Foothills (R-F) Zone District, which conforms to the larger surrounding area of existing light industrial businesses, including the City Water Treatment Plant and Solar Farm. The surrounding land uses are as follows: Zoning Land Use N Residential Foothills (RF) City Water Treatment Plant S Residential Foothills (RF) City Water Treatment Plant E County FA1 - Farming Zone District Colorado State University - Solar Farm W Residential Foothills (RF) City Water Treatment Plant 11 Packet Pg. 116 Agenda Item 11 Item # 11 Page 2 Zoning The proposed zoning for this annexation is the Residential Foothills (R-F) Zone District, which is consistent with the City of Fort Collins Structure Plan and matches the adjacent zoning for the Water Treatment Plant. The Structure Plan identifies a “Campus District” place type for this area. The Land Use Code describes the Residential Foothills Zone District as follows: “Purpose. The Residential Foothills District designation is for low density residential areas located near the foothills.” Additionally, staff recommends that the subject property be included in the Residential Neighborhood Sign District, which was established for regulating signs for non-residential uses in predominantly residential settings. CITY FINANCIAL IMPACTS No direct financial impacts result of the proposed zoning. BOARD / COMMISSION RECOMMENDATION At its December 19, 2019, meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation and recommend that the property be placed in the Residential Foothills (R-F) Zone District. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH All required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been followed. ATTACHMENTS 1. Zoning Map (PDF) 11 Packet Pg. 117 Colorado State University - Foothills Colorado State University - Foothills RF RL RF LMN UE Overland Park Horsetooth Reservoir College Lake Lee Lake Claymore Lake Michaud Ln Rampart Rd D e a n D r N Hollywood St C one f l o w e r D r Wakonda Dr D ou b l etr e e D r Louise Ln W E l i z a bet h S t W Vine Dr Headwater Dr W Olive St High St Theo Ave W Magn o l ia St -1- ORDINANCE NO. 027, 2020 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 SOLDIER CANYON PUMP STATION 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 December 19, 2019, unanimously recommended zoning the property to be known as the Soldier Canyon Pump Station Annexation (the “Property”) as more particularly described below as Residential Foothills (“R-F”), and determined that the proposed zoning is consistent with the City’s Comprehensive Plan; and WHEREAS, the City Council has determined that the proposed zoning of the Property, as described below is consistent with the City’s Comprehensive Plan; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zoning against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zoning to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property as described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including in the Residential Foothills (“R-F”) Zone District the Property more particularly described as: A parcel of land, located in the Northwest Quarter (NW1/4) of Section Eight (8), Township Seven North (T.7N.), Range Sixty-nine West (R.69W.) of the Sixth Principal Packet Pg. 119 -2- Meridian (6th P.M.), County of Larimer, State of Colorado and being more particularly described as follows: COMMENCING at the Northeast corner of the Water Treatment Facility Annexation No. 4 recorded March 7, 2018 as Reception No. 20180013461 of the Records of Larimer County and assuming the East line of said Water Treatment Facility Annexation No. 4 as bearing South 11°53’09” East a distance of 1000.96 feet with all other bearings contained herein relative thereto; THENCE South 11°53’09” East along the East line of said Water Treatment Facility Annexation No. 4 a distance of 1000.96 feet to the POINT OF BEGINNING; THENCE South 11°53’09” East a distance of 95.20 feet; THENCE South 10°51’20” East a distance of 79.81 feet to the East line of said Water Treatment Facility Annexation No. 4; The following Three (3) courses are along the Easterly lines of said Water Treatment Facility Annexation No. 4; THENCE South 78°06’51” West a distance of 173.57 feet; THENCE North 11°53’09” West a distance of 175.00 feet; THENCE North 78°06’51” East a distance of 175.01 feet to the POINT OF BEGINNING. Said described parcel of land contains 30,569 square feet or 0.702 acres, more or less Section 3. That the Sign District Map adopted pursuant to Section 3.8.7.1(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the Property described herein is included in the Residential Neighborhood Sign District. Section 4. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 4th day of February, A.D. 2020, and to be presented for final passage on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 120 -3- Passed and adopted on final reading on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 121 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY February 4, 2020 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Items Relating to the Timberline-International Annexation No. 1 EXECUTIVE SUMMARY A. Resolution 2020-015 Setting Forth Findings of Fact and Determinations Regarding the Timberline- International Annexation. No. 1. B. Public Hearing and First Reading of Ordinance No. 028, 2020, Annexing the Property Known as the Timberline-International Annexation No. 1 to the City of Fort Collins, Colorado. The purpose of this item is to annex the first of three sequential tracts of land known collectively as the Timberline-International Annexations. Timberline-International Annexation No. 1 consists of 0.09 acres of North Timberline Road right-of-way and establishes the required 1/6 contiguity with existing City limits. Timberline-International Annexation No. 1, located northeast of the North Timberline Road and International Boulevard intersection, would incorporate the property into Fort Collins’ municipal boundaries, as well as into the Residential Neighborhood Sign District. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION History The Applicant has submitted a written petition requesting three sequential annexations. Timberline- International Annexation No. 1. is the first of this series of three sequential annexations, and totals 0.09 acres of North Timberline Road right-of-way, which establishes 1/6 perimeter boundary contiguity with the existing municipal boundaries to the north, located northeast of the North Timberline Road and International Boulevard intersection, into Fort Collins’ municipal boundaries, as well as into the Residential Neighborhood Sign District. The property is located within the Fort Collins Growth Management Area (GMA). Pursuant to the Intergovernmental Agreement (Regarding Cooperation on Managing Urban Development) between Larimer County and the City, the City agrees to consider annexation of property in the GMA when the property is eligible for annexation according to State law. 12 Packet Pg. 122 Agenda Item 12 Item # 12 Page 2 Contiguity The land within Annexation No. 1 consists of 0.09-acres of North Timberline Road right-of-way, with a total contiguous perimeter (80 feet) of 26%, which satisfies the one-sixth (1/6) area required. Contiguity is gained from the 2002 East Ridge Annexation. Enclave Implications Annexing this 0.09-acre street right-of-way does not create (nor does it contribute to creating) an enclave. Previous Council Actions On December 17, 2019, City Council unanimously adopted Resolutions 2019-112, 2019-113, and 2019-114, initiating a series of annexations of right-of-way and the property owned by FR Holdings, Ltd., which accepted the annexation petitions and determined that the petitions followed all applicable state laws and notification requirements. CITY FINANCIAL IMPACTS No direct financial impacts result from the proposed Timberline-International Annexation No. 1. BOARD / COMMISSION RECOMMENDATION At its December 19, 2019, meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation and recommend that the property be placed in the Industrial (I) Zone District, as well as into the Residential Neighborhood Sign District. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH Notice of this annexation was published as required by Colorado Revised Statues (“C.R.S”) Section 31-12- 108. Notice was mailed to the owners of parcels abutting the right-of-way pursuant to C.R.S. Section 31-12- 105. A neighborhood meeting was held on August 29, 2019, for the annexation and zoning and conceptual plans for the Timberline-International property. ATTACHMENTS 1. Vicinity Map (PDF) 2. Annexation Sequence Maps (PDF) 3. Structure Plan Map (PDF) 4. East Mulberry Corridor Plan Map (PDF) 5. Zoning Map (PDF) 12 Packet Pg. 123 ATTACHMENT 1 12.1 Packet Pg. 124 Attachment: Vicinity Map (8691 : Timberline-International Annexation No 1) LMN International Blvd N Timberline Rd S Timberline Rd © Timberline-International No. 1 Annexation Annexation No. 1 ATTACHMENT 2 12.2 Packet Pg. 125 Attachment: Annexation Sequence Maps (8691 : Timberline-International Annexation No 1) LMN International Blvd N Timberline Rd S Timberline Rd © Timberline-International No. 2 Annexation Annexation No. 1 Annexation No. 2 12.2 Packet Pg. 126 Attachment: Annexation Sequence Maps (8691 : Timberline-International Annexation No 1) LMN International Blvd N Timberline Rd S Timberline Rd © Timberline-International No. 3 Annexation Annexation No. 1 Annexation No. 2 Annexation No. 3 12.2 Packet Pg. 127 Attachment: Annexation Sequence Maps (8691 : Timberline-International Annexation No 1) Heritage Christian Academy Roselawn Cemetery Jay Dr Vicot Way Zurich Dr Annabel Ave Tana Dr S y k es Dr Zeppelin Way Steven Dr Jennie Dr Co n q u e s t S t Terry Dr Munich Way Crusader St S Summit View Dr D o n e l l a C t Rome Ct Comet St Conquest Way International Blvd Donella Ct Sykes Dr S Summit View Dr N Timberline Rd S Timberline R d © Timberline-Structure International Plan Map Annexation Annexation Area Parks & Natural/Protected Lands Industrial District Mixed Neighborhood ATTACHMENT 3 12.3 Packet Pg. 128 Attachment: Structure Plan Map (8691 : Timberline-International Annexation No 1) N T I M B E R L I N E R D N T I M B E R L I N E R D Z U R I C H D R I N T E R N A T I O N A L B L V D N T I M B E R L I N E R D N T I M B E R L I N E R D Z U R I C H D R I N T E R N A T I O N A L B L V D East Mulberry Corridor Plan Land Use ¯ Industrial Low Density Residential Natural Buffer Park/Cemetery Parcels Timberline - International Annexation Road Classifications 6-Lane Arterial 2-Lane Arterial 0 150 300 600 Feet ATTACHMENT 4 12.4 Packet Pg. 129 Attachment: East Mulberry Corridor Plan Map (8691 : Timberline-International Annexation No 1) Heritage Christian Academy E LMN LMN Roselawn Cemetery Jay Dr Vicot Way Zurich Dr Annabel Ave Tana Dr Sy k es D r Zeppelin Way Steven Dr Jennie Dr Co n q u e s t S t Terry Dr Munich Way Crusader St S Summit View Dr D o n e l l a C t Rome Ct Comet St C o l eman St Lema Ln Conquest Way International Blvd Donella Ct Sykes Dr N Timberline Rd S Timberline Rd © Timberline-International Zoning Map Annexation Annexation Area ATTACHMENT 5 12.5 Packet Pg. 130 Attachment: Zoning Map (8691 : Timberline-International Annexation No 1) -1- RESOLUTION 2020-015 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 WHEREAS, pursuant to Resolution 2019-112, annexation proceedings were initiated by the City Council for property to be known as the Timberline-International Annexation No. 1 (the “Property”); and WHEREAS, following published notice required by Colorado Revised Statutes (“C.R.S.”) Section 31-12-108, and mailed notice pursuant to C.R.S. Section 31-12-105, the City Council held a hearing on said annexation on February 4, 2020. 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. 131 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of February, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 132 -1- ORDINANCE NO. 028, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2019-112, finding substantial compliance and initiating annexation proceedings for the Timberline-International Annexation No. 1, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2020-015 setting forth findings of fact and determinations regarding the Timberline-International Annexation No. 1 was adopted concurrently with the first reading of this Ordinance; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the property to be known as the Timberline-International Annexation No. 1 (the “Property”) to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby incorporates the findings of Resolution 2019-112 and Resolution 2020-015 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: That portion of Section 8, Township 7 North, Range 68 West of the 6 th P.M., County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Northwest Quarter of said Section 8 as bearing North 00°00'45" East and with all bearings contained herein relative thereto: Beginning at the Southeast corner of the Northwest Quarter of said Section 8; thence along the East line of said Northwest Quarter of said Section 8 North 00°00'45" East 56.00 feet, more or less, to a point on the Southerly line of EAST RIDGE ANNEXATION, City of Fort Collins, County of Larimer, State of Colorado; said point being the TRUE POINT OF BEGINNING; thence departing said East line of said Northwest Quarter of said Section 8 and along said Southerly line of EAST RIDGE ANNEXATION South 89°32’31” East 30.00 feet, more or less, to a point on the Easterly right-of-way line of Timberline Road; thence departing said Southerly line of EAST RIDGE ANNEXATION and departing said Easterly right-of-way line of Timberline Road South 21°26’47” West 109.41 feet; thence North 21°19’20” West 110.00 feet, more Packet Pg. 133 -2- or less, to a point on the Westerly right-of-way line of Timberline Road; said point also being the Southwest corner of said of EAST RIDGE ANNEXATION; thence departing said Westerly right-of-way line of Timberline Road and along said Southerly line of EAST RIDGE ANNEXATION South 89°32’31” East 50.00 feet, more or less, to a point on the East line of said Northwest Quarter of said Section 8 and the TRUE POINT OF BEGINNING. Containing 4,086.0 square feet (0.09 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 Timberline-International Annexation No. 1, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 4. That, in annexing the Property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the Property hereby annexed except as may be provided by ordinances of the City. Section 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 4th day of February, A.D. 2020, and to be presented for final passage on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 134 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY February 4, 2020 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Public Hearing and First Reading of Ordinance No. 029, 2020, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Timberline-International Annexation No. 1 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. The purpose of this item is to apply zoning to the property included in the first of three sequential annexations, known as the Timberline-International Annexation No.1. Timberline-International Annexation No. 1 is located northeast of the North Timberline Road and International Boulevard intersection. The proposed zoning for this annexation is Industrial (I). The surrounding properties are existing industrial land uses currently zoned I-Industrial Zoning District (in Larimer County) to the north, south and west. The abutting City limit to the east is zoned Low Density Mixed-Use Neighborhood (L-M-N) and consists of North Timberline Road right-of-way. Staff also recommends placement into the Residential Neighborhood Sign District. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning for this annexation is the Industrial (I) Zone District, which conforms to the larger surrounding area of existing industrial businesses and single-family residential homes. The surrounding land uses are as follows: Zoning Land Use N County I (Industrial) Existing industrial S County I (Industrial) Existing industrial E City Low Density Mixed-Use Residential (LMN) North Timberline Road right-of-way W County I (Industrial) Existing industrial 13 Packet Pg. 135 Agenda Item 13 Item # 13 Page 2 East Mulberry Corridor Plan The tract of land is located within the East Mulberry Corridor Plan, adopted in 2002, which covers an area of approximately 3.5 square miles of along both sides of East Mulberry Street between Riverside Drive and I-25 in Fort Collins and Larimer County, within the Growth Management Area. The Plan states: “The Industrial District is intended to provide a location for a variety of work processes and workplaces such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations. The Industrial District also accommodates complementary and supporting uses such as convenience shopping, childcare centers and housing.” According to the East Corridor Plan Land Use Map, the subject tract of land should be placed into the Industrial Zone District. The proposed zoning, industrial (I), complies with the subarea plan. Zoning The proposed zoning for this annexation is the Industrial (I) Zone District. The City of Fort Collins Land Use Code describes this zone district as follows: “Purpose. The Industrial District is intended to provide a location for a variety of work processes and workplaces such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations. The Industrial District also accommodates complementary and supporting uses such as convenience shopping, childcare centers and housing. While these Districts will be linked to the City's transportation system for multiple modes of travel, some may emphasize efficient commercial trucking and rail traffic as needed. Industrial and manufacturing processes used in this District may, by necessity, be characteristically incompatible with residential uses.” Additionally, staff recommends that the subject property be included in the Residential Neighborhood Sign District, which was established for regulating signs for non-residential uses in predominantly residential settings. CITY FINANCIAL IMPACTS No direct financial impacts result of the proposed zoning. BOARD / COMMISSION RECOMMENDATION At its December 19, 2019, meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation and recommend that the property be placed in the Industrial (I) Zone District. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH All required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been followed. A neighborhood meeting was held on August 29, 2019, for the annexation and zoning and conceptual plans for the Timberline-International property. ATTACHMENTS 1. Annexation Sequence Map (PDF) 2. Zoning Map (PDF) 13 Packet Pg. 136 LMN International Blvd N Timberline Rd S Timberline Rd © Timberline-International No. 1 Annexation Annexation No. 1 ATTACHMENT 1 13.1 Packet Pg. 137 Attachment: Annexation Sequence Map (8692 : Timberline-International Annexation No 1 ZONING) Heritage Christian Academy E LMN LMN Roselawn Cemetery Jay Dr Vicot Way Zurich Dr Annabel Ave Tana Dr Sy k es D r Zeppelin Way Steven Dr Jennie Dr Co n q u e s t S t Terry Dr Munich Way Crusader St S Summit View Dr D o n e l l a C t Rome Ct Comet St C o l eman St Lema Ln Conquest Way International Blvd Donella Ct Sykes Dr N Timberline Rd S Timberline Rd © Timberline-International Zoning Map Annexation Annexation Area 13.2 Packet Pg. 138 Attachment: Zoning Map (8692 : Timberline-International Annexation No 1 ZONING) -1- ORDINANCE NO. 029, 2020 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 TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS, COLORADO, AND APPROVING CORRESPONDING CHANGES TO THE RESIDENTIAL NEIGHBORHOOD SIGN DISTRICT MAP WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, pursuant to Land Use Code Section 2.9.2, the City Planning and Zoning Board, at its meeting on December 19, 2019, unanimously recommended zoning the property to be known as the Timberline-International Annexation No. 1 (the “Property”) as more particularly described below as Industrial (“I”), and determined that the proposed zoning is consistent with the City’s Comprehensive Plan; and WHEREAS, the City Council has determined that the proposed zoning of the Property, as described below is consistent with the City’s Comprehensive Plan; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zoning against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zoning to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property as described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including in the Industrial (“I”) Zone District the Property more particularly described as: That portion of Section 8, Township 7 North, Range 68 West of the 6 th P.M., County of Larimer, State of Colorado being more particularly described as follows: Packet Pg. 139 -2- Considering the East line of the Northwest Quarter of said Section 8 as bearing North 00°00'45" East and with all bearings contained herein relative thereto: Beginning at the Southeast corner of the Northwest Quarter of said Section 8; thence along the East line of said Northwest Quarter of said Section 8 North 00°00'45" East 56.00 feet, more or less, to a point on the Southerly line of EAST RIDGE ANNEXATION, City of Fort Collins, County of Larimer, State of Colorado; said point being the TRUE POINT OF BEGINNING; thence departing said East line of said Northwest Quarter of said Section 8 and along said Southerly line of EAST RIDGE ANNEXATION South 89°32’31” East 30.00 feet, more or less, to a point on the Easterly right-of-way line of Timberline Road; thence departing said Southerly line of EAST RIDGE ANNEXATION and departing said Easterly right-of-way line of Timberline Road South 21°26’47” West 109.41 feet; thence North 21°19’20” West 110.00 feet, more or less, to a point on the Westerly right-of-way line of Timberline Road; said point also being the Southwest corner of said of EAST RIDGE ANNEXATION; thence departing said Westerly right-of-way line of Timberline Road and along said Southerly line of EAST RIDGE ANNEXATION South 89°32’31” East 50.00 feet, more or less, to a point on the East line of said Northwest Quarter of said Section 8 and the TRUE POINT OF BEGINNING. Containing 4,086.0 square feet (0.09 Acres), more or less. Section 3. That the Sign District Map adopted pursuant to Section 3.8.7.1(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the Property described is included in the Residential Neighborhood Sign District. Section 4. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 4th day of February, A.D. 2020, and to be presented for final passage on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 140 -3- Passed and adopted on final reading on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 141 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY February 4, 2020 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Items Relating to the Timberline-International Annexation No. 2 EXECUTIVE SUMMARY A. Resolution 2020-016 Setting Forth Findings of Fact and Determinations Regarding the Timberline- International Annexation. No. 2. B. Public Hearing and First Reading of Ordinance No. 030, 2020, Annexing the Property Known as the Timberline-International Annexation No. 2 to the City of Fort Collins, Colorado. The purpose of this item is to annex the second of three sequential tracts of land known collectively as the Timberline/International Annexations. Timberline/International Annexation No. 2 consists of 0.86-acres of North Timberline Road and International Boulevard right-of-way, which establishes the required 1/6 contiguity with existing City limits (Timberline-International Annexation No. 1). Timberline-International Annexation No. 2, located northeast of the North Timberline Road and International Boulevard intersection, would incorporate the property into Fort Collins’ municipal boundaries, as well as into the Residential Neighborhood Sign District. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION History The Applicant has submitted a written petition requesting three sequential annexations. Timberline- International Annexation No. 2. is the second of this series of three sequential annexations, and totals 0.86- acres of North Timberline Road and International Boulevard right-of-way, which establishes 1/6 perimeter boundary contiguity with the existing municipal boundaries to the north (Timberline-International Annexation No. 1), located northeast of the North Timberline Road and International Boulevard intersection, into Fort Collins’ municipal boundaries, as well as into the Residential Neighborhood Sign District. The property is located within the Fort Collins Growth Management Area (GMA). Pursuant to the Intergovernmental Agreement (Regarding Cooperation on Managing Urban Development), between Larimer 14 Packet Pg. 142 Agenda Item 14 Item # 14 Page 2 County and the City, the City agrees to consider annexation of property in the GMA when the property is eligible for annexation according to State law. Contiguity The land within Annexation No. 2 consists of 0.86-acres of North Timberline Road and International Boulevard right-of-way, with a total contiguous perimeter (219.41 feet) of 17%, which satisfies the one-sixth (1/6) area required. Contiguity is gained from the Timberline-International Annexation No. 1. Enclave Implications Annexing this 0.86-acre street right-of-way does not create (nor does it contribute to creating) an enclave. Previous Council Actions On December 17, 2019, City Council unanimously adopted Resolutions 2019-112, 2019-113, and 2019-114, initiating a series of annexations of right-of-way and the property owned by FR Holdings, Ltd., which accepted the annexation petitions and determined that the petitions followed all applicable state laws and notification requirements. CITY FINANCIAL IMPACTS No direct financial impacts result from the proposed Timberline-International Annexation No. 2. BOARD / COMMISSION RECOMMENDATION At its December 19, 2019, meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation and recommend that the property be placed in the Industrial (I) Zone District, as well as into the Residential Neighborhood Sign District. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH Notice of this annexation was published as required by Colorado Revised Statues (“C.R.S”) Section 31-12- 108. Notice was mailed to the owners of parcels abutting the right-of-way pursuant to C.R.S. Section 31-12- 105. A neighborhood meeting was held on August 29, 2019, for the annexation and zoning and conceptual plans for the Timberline-International property. ATTACHMENTS 1. Vicinity Map (PDF) 2. Annexation No. 2 Sequence Map (PDF) 14 Packet Pg. 143 14.1 Packet Pg. 144 Attachment: Vicinity Map (8700 : Timberline-International Annexation No 2) LMN International Blvd N Timberline Rd S Timberline Rd © Timberline-International No. 2 Annexation Annexation No. 1 Annexation No. 2 ATTACHMENT 2 14.2 Packet Pg. 145 Attachment: Annexation No. 2 Sequence Map (8700 : Timberline-International Annexation No 2) -1- RESOLUTION 2020-016 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 WHEREAS, pursuant to Resolution 2019-113, annexation proceedings were initiated by the City Council for property to be known as the Timberline-International Annexation No. 2 (the “Property”); and WHEREAS, following published notice required by Colorado Revised Statutes (“C.R.S.”) Section 31-12-108, and mailed notice pursuant to C.R.S. Section 31-12-105, the City Council held a hearing on said annexation on February 4, 2020. 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. 146 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of February, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 147 -1- ORDINANCE NO. 030, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2019-113, finding substantial compliance and initiating annexation proceedings for the Timberline-International Annexation No. 2, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2020-016 setting forth findings of fact and determinations regarding the Timberline-International Annexation No. 2 was adopted concurrently with the first reading of this Ordinance; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the property to be known as the Timberline-International Annexation No. 2 (the “Property”) to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby incorporates the findings of Resolution 2019-113 and Resolution 2020-016 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: That portion of Section 8, Township 7 North, Range 68 West of the 6 th P.M., County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Northwest Quarter of said Section 8 as bearing North 00°00'45" East and with all bearings contained herein relative thereto: Beginning at the Southeast corner of the Northwest Quarter of said Section 8; thence along the East line of said Northwest Quarter of said Section 8 North 00°00'45" East 56.00 feet, more or less, to a point on the Southerly line of EAST RIDGE ANNEXATION, City of Fort Collins, County of Larimer, State of Colorado and the Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1, City of Fort Collins, County of Larimer, State of Colorado; thence departing said East line of said Northwest Quarter of said Section 8 and along said Southerly line of EAST RIDGE ANNEXATION and along said Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 South 89°32’31” East 30.00 feet, more or less, to a point on the Easterly right-of-way line of Timberline Road and the TRUE POINT OF BEGINNING; thence departing said Southerly line of EAST RIDGE ANNEXATION and departing said Packet Pg. 148 -2- Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 and along said Easterly right-of-way line of Timberline Road the following four (4) courses and distances: South 00°00’45” West 56.00 feet; South 00°00’45” East 236.46 feet; South 88°09’05” East 39.91 feet to the beginning of a non-tangent curve concave to the West having a central angle of 05°44’34” and a radius of 1170.50 feet, the long chord of which bears South 04°41’28” West a distance of 117.27 feet; thence Southerly along the arc of said curve 117.32 feet; thence departing said Easterly right-of-way line of Timberline Road North 90°00’00” West 141.91 feet, more or less, to a point on the Southerly line of International Boulevard; said point also being a point on the Easterly line of Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING., County of Larimer, State of Colorado; thence along said Southerly line of International Boulevard and along the Easterly and Northerly lines of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING North 44°58’04” West 7.47 feet and again North 89°35’04” West 4.11 feet, thence departing said Southerly line of International Boulevard and departing said Northerly line of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING North 00°24’56” East 100.00 feet, more or less, to a point on the Northerly line of International Boulevard; said point also being the Southwest corner of Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D., County of Larimer, State of Colorado; thence along said Northerly line of International Boulevard and along the Southerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. South 89°35’04” East 40.28 feet, more or less, to the Southeast corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D.; said point also being the Southeast corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and a point on the Westerly right-of-way line for Timberline Road; thence departing said Northerly line of International Boulevard and departing said Southerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along said Westerly right-of-way line for Timberline Road and along the Easterly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. North 00°00’45” West 250.02 feet and again North 00°00’45” East 56.23 feet, more or less, to the Southwest corner of said EAST RIDGE ANNEXATION and the Northwest corner of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1; thence departing said Westerly right-of-way line for Timberline Road and departing said Easterly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Southwesterly and Southeasterly lines of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 1 South 21°19’20” East 110.00 feet and again North 21°26’47” East 109.41 feet, more or less, to a point on the Southerly line of said EAST RIDGE ANNEXATION and the Easterly right-of-way line of Timberline Road and the Northeast corner of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 and the TRUE POINT OF BEGINNING. Containing 37,272.2 square feet (0.86 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 Timberline-International Annexation No. 2, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Packet Pg. 149 -3- Section 4. That, in annexing the Property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the Property hereby annexed except as may be provided by ordinances of the City. Section 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 4th day of February, A.D. 2020, and to be presented for final passage on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 150 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY February 4, 2020 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Public Hearing and First Reading of Ordinance No. 031, 2020, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Timberline-International Annexation No. 2 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. The purpose of this item is to apply zoning to the property included in the second of three sequential annexations, known as the Timberline-International Annexation No. 2. Timberline-International Annexation No. 2 is located northeast of the North Timberline Road and International Boulevard intersection. The proposed zoning for this annexation is Industrial (I). The surrounding properties are existing industrial land uses currently zoned I-Industrial Zoning District (in Larimer County) to the north, south and west. The abutting City limit to the east is zoned Low Density Mixed-Use Neighborhood (L-M-N) and consists of North Timberline Road right-of-way. Staff also recommends placement into the Residential Neighborhood Sign District. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning for this annexation is the Industrial (I) Zone District, which conforms to the larger surrounding area of existing industrial businesses and single-family residential homes. The surrounding land uses are as follows: Zoning Land Use N County I (Industrial) Existing industrial S County I Existing industrial E City Low Density Mixed-Use Residential (LMN) North Timberline Road right-of-way W County I Existing industrial 15 Packet Pg. 151 Agenda Item 15 Item # 15 Page 2 East Mulberry Corridor Plan The tract of land is located within the East Mulberry Corridor Plan, adopted in 2002, which covers an area of approximately 3.5 square miles of along both sides of East Mulberry Street between Riverside Drive and I-25 in Fort Collins and Larimer County, within the Growth Management Area. The Plan states: “The Industrial District is intended to provide a location for a variety of work processes and workplaces such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations. The Industrial District also accommodates complementary and supporting uses such as convenience shopping, childcare centers and housing.” According to the East Corridor Plan Land Use Map, the subject tract of land should be placed into the Industrial Zone District. The proposed zoning, Industrial (I), complies with the subarea plan. Zoning The proposed zoning for this annexation is the Industrial (I) Zone District. The City of Fort Collins Land Use Code describes this zone district as follows: “Purpose. The Industrial District is intended to provide a location for a variety of work processes and workplaces such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations. The Industrial District also accommodates complementary and supporting uses such as convenience shopping, childcare centers and housing. While these Districts will be linked to the City's transportation system for multiple modes of travel, some may emphasize efficient commercial trucking and rail traffic as needed. Industrial and manufacturing processes used in this District may, by necessity, be characteristically incompatible with residential uses.” Additionally, staff recommends that the subject property be included in the Residential Neighborhood Sign District, which was established for regulating signs for non-residential uses in predominantly residential settings CITY FINANCIAL IMPACTS No direct financial impacts result of the proposed zoning. BOARD / COMMISSION RECOMMENDATION At its December 19, 2019, meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation and recommend that the property be placed in the Industrial (I) Zone District. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH All required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been followed. A neighborhood meeting was held on August 29, 2019, for the annexation and zoning and conceptual plans for the Timberline-International property. ATTACHMENTS 1. Annexation No. 2 Sequence Map (PDF) 2. Zoning Map (PDF) 15 Packet Pg. 152 LMN International Blvd N Timberline Rd S Timberline Rd © Timberline-International No. 2 Annexation Annexation No. 1 Annexation No. 2 ATTACHMENT 1 15.1 Packet Pg. 153 Attachment: Annexation No. 2 Sequence Map (8705 : Timberline-International Annexation No 2 ZONING) Heritage Christian Academy E LMN LMN Roselawn Cemetery Jay Dr Vicot Way Zurich Dr Annabel Ave Tana Dr Sy k es D r Zeppelin Way Steven Dr Jennie Dr Co n q u e s t S t Terry Dr Munich Way Crusader St S Summit View Dr D o n e l l a C t Rome Ct Comet St C o l eman St Lema Ln Conquest Way International Blvd Donella Ct Sykes Dr N Timberline Rd S Timberline Rd © Timberline-International Zoning Map Annexation Annexation Area ATTACHMENT 2 15.2 Packet Pg. 154 Attachment: Zoning Map (8705 : Timberline-International Annexation No 2 ZONING) -1- ORDINANCE NO. 031, 2020 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 TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 TO THE CITY OF FORT COLLINS, COLORADO, AND APPROVING CORRESPONDING CHANGES TO THE RESIDENTIAL NEIGHBORHOOD SIGN DISTRICT MAP WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, pursuant to Land Use Code Section 2.9.2, the City Planning and Zoning Board, at its meeting on December 29, 2019, unanimously recommended zoning the property to be known as the Timberline-International Annexation No. 2 (the “Property”) as more particularly described below as Industrial (“I”), and determined that the proposed zoning is consistent with the City’s Comprehensive Plan; and WHEREAS, the City Council has determined that the proposed zoning of the Property, as described below is consistent with the City’s Comprehensive Plan; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zoning against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zoning to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property as described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including in the Industrial (“I”) Zone District the Property more particularly described as: That portion of Section 8, Township 7 North, Range 68 West of the 6 th P.M., County of Larimer, State of Colorado being more particularly described as follows: Packet Pg. 155 -2- Considering the East line of the Northwest Quarter of said Section 8 as bearing North 00°00'45" East and with all bearings contained herein relative thereto: Beginning at the Southeast corner of the Northwest Quarter of said Section 8; thence along the East line of said Northwest Quarter of said Section 8 North 00°00'45" East 56.00 feet, more or less, to a point on the Southerly line of EAST RIDGE ANNEXATION, City of Fort Collins, County of Larimer, State of Colorado and the Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1, City of Fort Collins, County of Larimer, State of Colorado; thence departing said East line of said Northwest Quarter of said Section 8 and along said Southerly line of EAST RIDGE ANNEXATION and along said Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 South 89°32’31” East 30.00 feet, more or less, to a point on the Easterly right-of-way line of Timberline Road and the TRUE POINT OF BEGINNING; thence departing said Southerly line of EAST RIDGE ANNEXATION and departing said Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 and along said Easterly right-of-way line of Timberline Road the following four (4) courses and distances: South 00°00’45” West 56.00 feet; South 00°00’45” East 236.46 feet; South 88°09’05” East 39.91 feet to the beginning of a non-tangent curve concave to the West having a central angle of 05°44’34” and a radius of 1170.50 feet, the long chord of which bears South 04°41’28” West a distance of 117.27 feet; thence Southerly along the arc of said curve 117.32 feet; thence departing said Easterly right-of-way line of Timberline Road North 90°00’00” West 141.91 feet, more or less, to a point on the Southerly line of International Boulevard; said point also being a point on the Easterly line of Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING., County of Larimer, State of Colorado; thence along said Southerly line of International Boulevard and along the Easterly and Northerly lines of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING North 44°58’04” West 7.47 feet and again North 89°35’04” West 4.11 feet, thence departing said Southerly line of International Boulevard and departing said Northerly line of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING North 00°24’56” East 100.00 feet, more or less, to a point on the Northerly line of International Boulevard; said point also being the Southwest corner of Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D., County of Larimer, State of Colorado; thence along said Northerly line of International Boulevard and along the Southerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. South 89°35’04” East 40.28 feet, more or less, to the Southeast corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D.; said point also being the Southeast corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and a point on the Westerly right-of-way line for Timberline Road; thence departing said Northerly line of International Boulevard and departing said Southerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along said Westerly right-of-way line for Timberline Road and along the Easterly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. North 00°00’45” West 250.02 feet and again North 00°00’45” East 56.23 feet, more or less, to the Southwest corner of said EAST RIDGE ANNEXATION and the Northwest corner of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1; thence departing said Westerly right-of-way line for Timberline Road and departing said Packet Pg. 156 -3- Easterly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Southwesterly and Southeasterly lines of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 1 South 21°19’20” East 110.00 feet and again North 21°26’47” East 109.41 feet, more or less, to a point on the Southerly line of said EAST RIDGE ANNEXATION and the Easterly right-of-way line of Timberline Road and the Northeast corner of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 and the TRUE POINT OF BEGINNING. Containing 37,272.2 square feet (0.86 Acres), more or less. Section 3. That the Sign District Map adopted pursuant to Section 3.8.7.1(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the Property described herein is included in the Residential Neighborhood Sign District. Section 4. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 4th day of February, A.D. 2020, and to be presented for final passage on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 157 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY February 4, 2020 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Items Relating to The Timberline-International Annexation No. 3 EXECUTIVE SUMMARY A. Resolution 2020-017 Setting Forth Findings of Fact and Determinations Regarding the Timberline- International Annexation. No. 3. B. Public Hearing and First Reading of Ordinance No. 032, 2020, Annexing the Property Known as the Timberline-International Annexation No. 3 to the City of Fort Collins, Colorado. The purpose of this item is to annex the third of three sequential tracts of land known collectively as the Timberline-International Annexations. Timberline-International Annexation No. 3 consists of 1.39-acres, which establishes the required 1/6 contiguity with existing City limits (Timberline-International Annexation No. 2). Timberline-International Annexation No. 3, located northwest of the North Timberline Road and International Boulevard intersection, would incorporate the property into Fort Collins’ municipal boundaries, as well as into the Residential Neighborhood Sign District. A related item to zone the annexed property is presented as the next item on this Agenda. A citizen has asserted that the annexation petition does not comply with statutory requirements because less than fifty percent of the landowners in the area to be annexed who own more than fifty percent of the area, excluding public streets, alleys, and City owned land, signed the annexation petition, if deed-of-trust holders are treated as owners. Staff does not agree that deed-of-trust holders are considered owners for this purpose and believes the petitioner has satisfied all annexation requirements. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION History The Applicant has submitted a written petition requesting three sequential annexations. Timberline- International Annexation No. 3. is the third of this series of three sequential annexations, and totals 1.39 acres, which establishes 1/6 perimeter boundary contiguity with the existing municipal boundaries to the south and east (Timberline-International Annexation No. 2), located northeast of the North Timberline Road and 16 Packet Pg. 158 Agenda Item 16 Item # 16 Page 2 International Boulevard intersection, into Fort Collins’ municipal boundaries, as well as into the Residential Neighborhood Sign District. The property is located within the Fort Collins Growth Management Area (GMA). Pursuant to the Intergovernmental Agreement (Regarding Cooperation on Managing Urban Development), between Larimer County and the City, the City agrees to consider annexation of property in the GMA when the property is eligible for annexation according to State law. Contiguity The land within Annexation No. 3 consists of 1.39 acres, with a total contiguous perimeter (352.65 feet) of 33%, which satisfies the one-sixth (1/6) area required. Contiguity is gained from the Timberline-International Annexation No. 2. Enclave Implications Annexing this 1.39-acre tract of land does not create (nor does it contribute to creating) an enclave. Citizen Assertion that the Annexation Petition Is Non-Compliant On January 9, the City received an email from a concerned citizen asserting that the petitioner for the annexation, FR Holdings, Ltd., does not satisfy the statutory requirement that the petitioner must comprise more than fifty percent of the landowners in the area to be annexed who own more than fifty percent of the area, excluding public streets, alleys, and City-owned land. To support this assertion, the citizen submitted a deed of trust recorded on the land subject to the third annexation. The citizen is asserting that his deed of trust created an ownership interest in the beneficiary of the deed of trust and because the beneficiary did not sign the annexation petition, that the more than fifty percent annexation requirement is not satisfied. Staff’s understanding is that a deed of trust creates a lien on property and does not transfer an ownership interest to the beneficiary. Therefore, staff disagrees with the citizen’s assertion and believes the petitioner has satisfied the more than fifty percent annexation requirement. Previous Council Actions On December 17, 2019, City Council unanimously adopted Resolutions 2019-112, 2019-113, and 2019-114, initiating a series of annexations of right-of-way and the property owned by FR Holdings, Ltd., that accepted the annexation petitions and determined that the petitions followed all applicable state laws and notification requirements. CITY FINANCIAL IMPACTS No direct financial impacts result from the proposed Timberline-International Annexation No. 3. BOARD / COMMISSION RECOMMENDATION At its December 19, 2019, meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation and recommend that the property be placed in the Industrial (I) Zone District, as well as into the Residential Neighborhood Sign District. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH Notice of this annexation was published as required by Colorado Revised Statues (“C.R.S”) Section 31-12- 108. Notice was mailed to the owners of parcels abutting the right-of-way pursuant to C.R.S. Section 31-12- 105. 16 Packet Pg. 159 Agenda Item 16 Item # 16 Page 3 A neighborhood meeting was held on August 29, 2019, for the annexation and zoning and conceptual plans for the Timberline-International property. Staff received an email and supporting evidence dated January 9, 2020 from Charlie Maverick, challenging that the Petitioners do not compromise at least 50% interest of the annexation property (Parcel #8708310001), in violation of CRS 31-12-107. Staff received a response from the Applicant’s representing Attorney, Tim Goddard, dated January 10, 2020. (Attachment 3) ATTACHMENTS 1. Vicinity Map (PDF) 2. Annexation No. 3 Sequence Map (PDF) 3. Citizen Comment concerning Annexation Petition and related response (PDF) 16 Packet Pg. 160 ATTACHMENT 1 16.1 Packet Pg. 161 Attachment: Vicinity Map (8701 : Timberline-International Annexation No 3) LMN International Blvd N Timberline Rd S Timberline Rd © Timberline-International No. 3 Annexation Annexation No. 1 Annexation No. 2 Annexation No. 3 ATTACHMENT 2 16.2 Packet Pg. 162 Attachment: Annexation No. 3 Sequence Map (8701 : Timberline-International Annexation No 3) From: Pete Wray To: Charlie Maverick; Brandy Bethurem Harras Subject: RE: Regarding Fort Collins Annexation Petition ANX190003 Date: Wednesday, January 15, 2020 2:32:00 PM Attachments: Attorney Cert. _ Attachment C - Signed - 11-4-19.pdf Charlie, thanks for bringing this information to our attention. Staff relies on the Attorney Certification for ownership of subject property which is included in the project submittal documents, see attached. I forwarded your concern to the applicant and here is the response from the representing attorney: The certification that I signed is designed to certify that the requirements provided in Section 30 of Article II of the Colorado Constitution are satisfied. The certification states the owner signing the application constitutes more than 50% of the landowners in the area proposed for annexation, as said area is described on Attachment “A” of said Annexation Petition, and own more than 50% of the land in said area, exclusive of streets and alleys. Note the words owner, landowners, and own. The concerned citizen objects to the application because a deed of trust encumbers the property described in Attachment A. The holder of a deed of trust is not an owner and has no ownership interest in the property described in Attachment A. Therefore, my certification is correct, and the objection is without merit. Tim Goddard Hasler, Fonfara & Goddard, LLP Please let Brandy or myself know if you have any further questions or concerns or would like to meet ahead of the Hearing. Thanks, Pete Wray, AICP, Senior City Planner Planning Services | City of Fort Collins pwray@fcgov.com 970.221.6754 From: Charlie Maverick <charliemaverick88@gmail.com> Sent: Thursday, January 9, 2020 12:59 PM To: Pete Wray <PWRAY@fcgov.com>; Brandy Bethurem Harras <BBethuremHarras@fcgov.com> Subject: Regarding Fort Collins Annexation Petition ANX190003 To Whom It May Concern, I am emailing in regards to a petition of Annexation (ANX190003) that is currently under review within the City of Fort Collins. After moderate research into the petition, I have found evidence that the petitioners do not compromise at least 50% interest of the property, in direct ATTACHMENT 3 16.3 Packet Pg. 163 Attachment: Citizen Comment concerning Annexation Petition and related response (8701 : Timberline-International Annexation No 3) violation of Colorado Revised Statutes and subsequent Fort Collins regulatory laws. It is clear that the petitioners have purposefully not included this evidence in their initial application for annexation. There is a current and viable Deed of Trust recorded with the Larimer County Clerk & Recorders office showing a $100,000 loan borrowed against Lot 1 of Industrial Business Park PUD, owned by a Colorado Corporation out of Evergreen, CO. Within this email I have attached a photo explaining my evidence, including a PDF of the registered corporation that has interest within the proposed property. All evidence I have attached can be corroborated through official document searches, I have highlighted and included the information available to the public. I plan to bring this forward at the public hearing regarding this annexation that is scheduled in February. I appreciate your due diligence on this matter, and thank you for your time and tireless efforts in creating a better Fort Collins for us all. Sincerely, Charlie Maverick, concerned Fort Collins citizen 16.3 Packet Pg. 164 Attachment: Citizen Comment concerning Annexation Petition and related response (8701 : Timberline-International Annexation No 3) -1- RESOLUTION 2020-017 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE TIMBERLINE-INTERNATIONAL ANNEXATION NO. 3 WHEREAS, pursuant to Resolution 2019-114, annexation proceedings were initiated by the City Council for property to be known as the Timberline-International Annexation No. 3 (the “Property”); and WHEREAS, following published notice required by Colorado Revised Statutes (“C.R.S.”) Section 31-12-108, and mailed notice pursuant to C.R.S. Section 31-12-105, the City Council held a hearing on said annexation on February 4, 2020. 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. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of February, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 165 -1- ORDINANCE NO. 032, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE TIMBERLINE-INTERNATIONAL ANNEXATION NO. 3 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2019-114, finding substantial compliance and initiating annexation proceedings for the Timberline-International Annexation No. 3, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2020-017 setting forth findings of fact and determinations regarding the Timberline-International Annexation No. 3 was adopted concurrently with the first reading of this Ordinance; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the property to be known as the Timberline-International Annexation No. 3 (the “Property”) to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby incorporates the findings of Resolution 2019-114 and Resolution 2020-017 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: That portion of Section 8, Township 7 North, Range 68 West of the 6 th P.M., County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Northwest Quarter of said Section 8 as bearing North 00°00'45" East and with all bearings contained herein relative thereto: Beginning at the Southeast corner of the Northwest Quarter of said Section 8; thence along the East line of said Northwest Quarter of said Section 8 North 00°00'45" East 56.00 feet, more or less, to a point on the Southerly line of EAST RIDGE ANNEXATION, City of Fort Collins, County of Larimer, State of Colorado and the Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1, City of Fort Collins, County of Larimer, State of Colorado; thence departing said East line of said Northwest Quarter of said Section 8 and along said Southerly line of EAST RIDGE ANNEXATION and along said Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 South 89°32’31” East 30.00 feet, more or less, to a point on the Easterly right-of-way line of Timberline Road; said point also being the Northeast corner of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2, City of Fort Collins, Packet Pg. 166 -2- County of Larimer, State of Colorado; thence departing said Southerly line of EAST RIDGE ANNEXATION and departing said Northerly line of TIMBERLINE- INTERNATIONAL ANNEXATION NO. 1 and along said Easterly right-of-way line of Timberline Road and the Easterly lines of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 the following four (4) courses and distances: South 00°00’45” West 56.00 feet; South 00°00’45” East 236.46 feet; South 88°09’05” East 39.91 feet to the beginning of a non-tangent curve concave to the West having a central angle of 05°44’34” and a radius of 1170.50 feet, the long chord of which bears South 04°41’28” West a distance of 117.27 feet; thence Southerly along the arc of said curve 117.32 feet, more or less, the Southeast corner of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2; thence departing said Easterly right-of-way line of Timberline Road and departing said Easterly lines of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and along the South line of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2 North 90°00’00” West 141.91 feet, more or less, to a point on the Westerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2; said point also being a point on the Southerly line of International Boulevard; said point also being a point on the Easterly line of Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING., County of Larimer, State of Colorado; thence along said Westerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and along said Southerly line of International Boulevard and along the Easterly and Northerly lines of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING North 44°58’04” West 7.47 feet and again North 89°35’04” West 4.11 feet; thence departing said Southerly line of International Boulevard and departing said Northerly line of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING and continuing along said Westerly line of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2 North 00°24’56” East 100.00 feet, more or less, to a point on the Northerly line of International Boulevard; said point also being the Southwest corner of Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D., County of Larimer, State of Colorado; said point also being on the Southerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and the TRUE POINT OF BEGINNING; thence along said Northerly line of International Boulevard and along the Southerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Northerly line of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2 South 89°35’04” East 40.28 feet, more or less, to the Southeast corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. said point a point on the Westerly right-of-way line for Timberline Road and a point on the Westerly line of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2; thence departing said Northerly line of International Boulevard and departing said Southerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and departing said Northerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and along said Westerly right-of-way line for Timberline Road and along the Easterly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along said Westerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 North 00°00’45” West 250.02 feet and again North 00°00’45” East 62.35 feet, more or less, to the Southwest corner of said EAST RIDGE ANNEXATION and the Northeast corner of said Packet Pg. 167 -3- Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D.; thence departing said Westerly right-of-way line for Timberline Road and departing said Easterly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Northerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. South 89°54’17” West 273.66 feet to the Northwest corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D.; thence departing said Northerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Westerly lines of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. South 00°00’00” East 97.63 feet and again South 47°29’15” East 316.66 feet, more or less, to a point on the Northerly line of International Boulevard; said point also being the Northwest corner of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and the Southwest corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and the TRUE POINT OF BEGINNING. Containing 60,373.8 square feet (1.39 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 Timberline-International Annexation No. 3, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 4. That, in annexing the Property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the Property hereby annexed except as may be provided by ordinances of the City. Section 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 4th day of February, A.D. 2020, and to be presented for final passage on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 168 -4- Passed and adopted on final reading on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 169 Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY February 4, 2020 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT First Reading of Ordinance No. 033, 2020, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Timberline-International Annexation No. 3 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. The purpose of this item is to zone the property included in the third of three sequential annexations, known as the Timberline-International Annexation No.3. Timberline-International Annexation No. 3 is located northeast of the North Timberline Road and International Boulevard intersection. The proposed zoning for this annexation is Industrial (I). The surrounding properties are existing industrial land uses currently zoned I-Industrial Zoning District (in Larimer County) to the north, south and west. The abutting City limit to the east is zoned Low Density Mixed-Use Neighborhood (L-M-N) and consists of North Timberline Road right-of-way. Staff also recommends placement into the Residential Neighborhood Sign District. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning for this annexation is the Industrial (I) Zone District, which conforms to the larger surrounding area of existing industrial businesses and single-family residential homes. The surrounding land uses are as follows: Zoning Land Use N County I (Industrial) Existing industrial S County I Existing industrial E City Low Density Mixed-Use Residential (LMN) North Timberline Road right-of-way W County I Existing industrial 17 Packet Pg. 170 Agenda Item 17 Item # 17 Page 2 East Mulberry Corridor Plan The tract of land is located within the East Mulberry Corridor Plan, adopted in 2002, which covers an area of approximately 3.5 square miles of along both sides of East Mulberry Street between Riverside Drive and I-25 in Fort Collins and Larimer County within the Growth Management Area. The Plan states: “The Industrial District is intended to provide a location for a variety of work processes and workplaces such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations. The Industrial District also accommodates complementary and supporting uses such as convenience shopping, childcare centers and housing.” According to the East Corridor Plan Land Use Map, the subject tract of land should be placed into the Industrial zone district. The proposed zoning, Industrial (I), complies with the subarea plan. Zoning The proposed zoning for this annexation is the Industrial (I) Zone District. The City of Fort Collins Land Use Code describes this zone district as follows: “Purpose. The Industrial District is intended to provide a location for a variety of work processes and workplaces such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations. The Industrial District also accommodates complementary and supporting uses such as convenience shopping, childcare centers and housing. While these Districts will be linked to the City's transportation system for multiple modes of travel, some may emphasize efficient commercial trucking and rail traffic as needed. Industrial and manufacturing processes used in this District may, by necessity, be characteristically incompatible with residential uses.” Additionally, staff recommends that the subject property be included in the Residential Neighborhood Sign District, which was established for regulating signs for non-residential uses in predominantly residential settings. CITY FINANCIAL IMPACTS No direct financial impacts result of the proposed zoning. BOARD / COMMISSION RECOMMENDATION At its December 19, 2019, meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation and recommend that the property be placed in the Industrial (I) Zone District. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH All required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been followed. A neighborhood meeting was held on August 29, 2019, for the annexation and zoning and conceptual plans for the Timberline-International property. ATTACHMENTS 1. Annexation No. 3 Sequence Map (PDF) 2. Zoning Map (PDF) 17 Packet Pg. 171 LMN International Blvd N Timberline Rd S Timberline Rd © Timberline-International No. 3 Annexation Annexation No. 1 Annexation No. 2 Annexation No. 3 ATTACHMENT 1 17.1 Packet Pg. 172 Attachment: Annexation No. 3 Sequence Map (8702 : Timberline-International Annexation No 3 ZONING) Heritage Christian Academy E LMN LMN Roselawn Cemetery Jay Dr Vicot Way Zurich Dr Annabel Ave Tana Dr Sy k es D r Zeppelin Way Steven Dr Jennie Dr Co n q u e s t S t Terry Dr Munich Way Crusader St S Summit View Dr D o n e l l a C t Rome Ct Comet St C o l eman St Lema Ln Conquest Way International Blvd Donella Ct Sykes Dr N Timberline Rd S Timberline Rd © Timberline-International Zoning Map Annexation Annexation Area ATTACHMENT 2 17.2 Packet Pg. 173 Attachment: Zoning Map (8702 : Timberline-International Annexation No 3 ZONING) -1- ORDINANCE NO, 033, 2020 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 TIMBERLINE-INTERNATIONAL ANNEXATION NO. 3 TO THE CITY OF FORT COLLINS, COLORADO, AND APPROVING CORRESPONDING CHANGES TO THE RESIDENTIAL NEIGHBORHOOD SIGN DISTRICT MAP WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, pursuant to Land Use Code Section 2.9.2, the City Planning and Zoning Board, at its meeting on December 19, 2019, unanimously recommended zoning the property to be known as the Timberline-International Annexation No. 3 (the “Property”) as more particularly described below as Industrial (“I”), and determined that the proposed zoning is consistent with the City’s Comprehensive Plan; and WHEREAS, the City Council has determined that the proposed zoning of the Property, as described below is consistent with the City’s Comprehensive Plan; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zoning against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zoning to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property as described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including in the Industrial (“I”) Zone District the Property more particularly described as: That portion of Section 8, Township 7 North, Range 68 West of the 6 th P.M., County of Larimer, State of Colorado being more particularly described as follows: Packet Pg. 174 -2- Considering the East line of the Northwest Quarter of said Section 8 as bearing North 00°00'45" East and with all bearings contained herein relative thereto: Beginning at the Southeast corner of the Northwest Quarter of said Section 8; thence along the East line of said Northwest Quarter of said Section 8 North 00°00'45" East 56.00 feet, more or less, to a point on the Southerly line of EAST RIDGE ANNEXATION, City of Fort Collins, County of Larimer, State of Colorado and the Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1, City of Fort Collins, County of Larimer, State of Colorado; thence departing said East line of said Northwest Quarter of said Section 8 and along said Southerly line of EAST RIDGE ANNEXATION and along said Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 South 89°32’31” East 30.00 feet, more or less, to a point on the Easterly right-of-way line of Timberline Road; said point also being the Northeast corner of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2, City of Fort Collins, County of Larimer, State of Colorado; thence departing said Southerly line of EAST RIDGE ANNEXATION and departing said Northerly line of TIMBERLINE- INTERNATIONAL ANNEXATION NO. 1 and along said Easterly right-of-way line of Timberline Road and the Easterly lines of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 the following four (4) courses and distances: South 00°00’45” West 56.00 feet; South 00°00’45” East 236.46 feet; South 88°09’05” East 39.91 feet to the beginning of a non-tangent curve concave to the West having a central angle of 05°44’34” and a radius of 1170.50 feet, the long chord of which bears South 04°41’28” West a distance of 117.27 feet; thence Southerly along the arc of said curve 117.32 feet, more or less, the Southeast corner of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2; thence departing said Easterly right-of-way line of Timberline Road and departing said Easterly lines of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and along the South line of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2 North 90°00’00” West 141.91 feet, more or less, to a point on the Westerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2; said point also being a point on the Southerly line of International Boulevard; said point also being a point on the Easterly line of Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING., County of Larimer, State of Colorado; thence along said Westerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and along said Southerly line of International Boulevard and along the Easterly and Northerly lines of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING North 44°58’04” West 7.47 feet and again North 89°35’04” West 4.11 feet; thence departing said Southerly line of International Boulevard and departing said Northerly line of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING and continuing along said Westerly line of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2 North 00°24’56” East 100.00 feet, more or less, to a point on the Northerly line of International Boulevard; said point also being the Southwest corner of Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D., County of Larimer, State of Colorado; said point also being on the Southerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and the TRUE POINT OF BEGINNING; thence along said Northerly line of International Boulevard and along the Southerly line of said Lot 1, INDUSTRIAL BUSINESS PARK Packet Pg. 175 -3- INTERNATIONAL P.U.D. and along the Northerly line of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2 South 89°35’04” East 40.28 feet, more or less, to the Southeast corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. said point a point on the Westerly right-of-way line for Timberline Road and a point on the Westerly line of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2; thence departing said Northerly line of International Boulevard and departing said Southerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and departing said Northerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and along said Westerly right-of-way line for Timberline Road and along the Easterly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along said Westerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 North 00°00’45” West 250.02 feet and again North 00°00’45” East 62.35 feet, more or less, to the Southwest corner of said EAST RIDGE ANNEXATION and the Northeast corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D.; thence departing said Westerly right-of-way line for Timberline Road and departing said Easterly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Northerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. South 89°54’17” West 273.66 feet to the Northwest corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D.; thence departing said Northerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Westerly lines of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. South 00°00’00” East 97.63 feet and again South 47°29’15” East 316.66 feet, more or less, to a point on the Northerly line of International Boulevard; said point also being the Northwest corner of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and the Southwest corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and the TRUE POINT OF BEGINNING. Containing 60,373.8 square feet (1.39 acres), more or less. Section 3. That the Sign District Map adopted pursuant to Section 3.8.7.1(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the Property described herein is included in the Residential Neighborhood Sign District. Section 4. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 4th day of February, A.D. 2020, and to be presented for final passage on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 176 -4- Passed and adopted on final reading on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 177 Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY February 4, 2020 City Council STAFF Darin Atteberry, City Manager Bronwyn Scurlock, Legal SUBJECT Resolution 2020-018 Authorizing the Initiation of Exclusion Proceedings of Annexed Properties Within the Territory of the Poudre Valley Fire Protection District and Authorizing an Intergovernmental Agreement with Said District. EXECUTIVE SUMMARY The purpose of this item is to authorize the City Attorney to file a petition in Larimer County District Court to exclude properties annexed into the City in 2019 from the Poudre Valley Fire Protection District (the District) in accordance with state law. The properties affected by this Resolution are the Kechter Enclave Annexation, Trilby Substation Enclave Annexation, Friendly Fire Enclave Annexation and Strauss Cabin Enclave Annexation. C.R.S. Section 32-1-502 requires an order of exclusion from the District Court to remove these annexed properties from special district territories. The properties have been receiving fire protection services from the Poudre Fire Authority and will continue to do so. The City Attorney’s Office files the petition in Larimer County District Court each year seeking exclusion for all properties annexed in the previous year that should be removed from the District to avoid double taxation. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Property that is within a fire protection district continues to be subject to the District’s property tax assessment even after annexation to the City until the property is officially excluded from the District. Exclusion must occur pursuant to state law (C.R.S. Section 32-1-502). The law allows the City to seek exclusion of annexed property from the District so that the property is not subject to property tax assessment by both the District and the City. In 2019, the City annexed four areas within the territory of the District, the legal descriptions of which are set forth in Exhibit “A” to the proposed Resolution. Consistent with the state law, this proposed Resolution authorizes: 1. the City Attorney to file a petition on behalf of the City to exclude the annexed properties from the District, and 2. the City Manager to enter into an agreement with the District for the continuation of fire protection services within the annexed properties. 18 Packet Pg. 178 -1- RESOLUTION 2020-018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE INITIATION OF EXCLUSION PROCEEDINGS OF ANNEXED PROPERTIES WITHIN THE TERRITORY OF THE POUDRE VALLEY FIRE PROTECTION DISTRICT AND AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH SAID DISTRICT WHEREAS, in 2019, the City annexed four properties within the territory of the Poudre Valley Fire Protection District (the “District”); and WHEREAS, Colorado Revised Statutes (“C.R.S.”) Section 32-1-502 requires an order of exclusion from the district court to remove annexed properties from special district territories; and WHEREAS, under the provisions of C.R.S. Section 32-1-502(2)(a), an order excluding property from the boundaries of a special district requires the governing body of the annexing municipality to agree, by resolution, to provide the services previously provided by the special district to the area described in the petition for exclusion from and after the effective date of the exclusion order; and WHEREAS, from the date of such annexations, the City has provided municipal services to said properties, including fire services; and WHEREAS, the residents within the properties described on Exhibit “A” attached hereto and incorporated herein by this reference (the “Annexed Properties”) have paid ad valorem property taxes to the District for fire protection services prior to exclusion, and subsequent to exclusion, will instead pay ad valorem property taxes to the City for City services, including fire protection; and WHEREAS, it is the desire and intent of the City Council to reflect by this Resolution its willingness to provide fire protection services to the Annexed Properties and to exclude the Annexed Properties from the District; and WHEREAS, the City Council wishes to properly exclude the Annexed Properties from the District in accordance with law and to allow for the provision of fire protection services to such properties by the Poudre Fire Authority, which is an independent entity providing fire protection services to both the District and the City pursuant to an intergovernmental agreement. 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 agrees that the Annexed Properties should be excluded from the District. Section 3. That the City Council hereby authorizes the City Attorney to file a petition in the Larimer County District Court pursuant to C.R.S. Section 32-1-502 for an order to exclude the Annexed Properties, the boundaries of which are described on Exhibit “A”. Section 4. That the City Council hereby agrees to provide fire protection service, through the Poudre Fire Authority, to the Annexed Properties. Section 5. That the City Council hereby finds that a plan for the disposition of assets or continuation of service is unnecessary as the Poudre Fire Authority has in the past served, and continues to serve, both the District and the City. Section 6. That the City Manager is authorized to enter into an agreement with the District for the continuation of services for the Annexed Properties, which agreement shall be substantially in the form of Exhibit “B” attached hereto, subject to such modifications as the City Manager may, in consultation with the City Attorney, deem necessary or appropriate to protect the interests of the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of February, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 180 EXHIBIT A 1 Packet Pg. 181 Attachment: Exhibit A (8664 : Annexation Exclusions RESO) 1 Packet Pg. 182 Attachment: Exhibit A (8664 : Annexation Exclusions RESO) 1 Packet Pg. 183 Attachment: Exhibit A (8664 : Annexation Exclusions RESO) 1 Packet Pg. 184 Attachment: Exhibit A (8664 : Annexation Exclusions RESO) EXHIBIT B 2 Packet Pg. 185 Attachment: Exhibit B (8664 : Annexation Exclusions RESO) 2 Packet Pg. 186 Attachment: Exhibit B (8664 : Annexation Exclusions RESO) 2 Packet Pg. 187 Attachment: Exhibit B (8664 : Annexation Exclusions RESO) 2 Packet Pg. 188 Attachment: Exhibit B (8664 : Annexation Exclusions RESO) 2 Packet Pg. 189 Attachment: Exhibit B (8664 : Annexation Exclusions RESO) 2 Packet Pg. 190 Attachment: Exhibit B (8664 : Annexation Exclusions RESO) 2 Packet Pg. 191 Attachment: Exhibit B (8664 : Annexation Exclusions RESO) 2/4/2020 City Council Staff Report Jason Graham – Director of 1 Plant Operations Staff Report: Water Reclamation and Biosolids Platinum Level Accreditation 1 Packet Pg. 192 Attachment: Staff Report-biosolids (8717 : Staff report: Biosolids) 2 • The City of Fort Collins Water Reclamation and Biosolids achieved Platinum Level Accreditation in 2019. • One of twenty Platinum programs nationwide and only program in CO. Staff Report: Water Reclamation and Biosolids Platinum Level Accreditation 1 Packet Pg. 193 Attachment: Staff Report-biosolids (8717 : Staff report: Biosolids) Strategic Alignment • Environmental Health • 4.7 Continually Improve environmental regulatory performance • Tiered Level Program • Bronze – 2014 • Silver – 2015 • Gold – 2018 • Platinum - 2019 3 Plan Check Do Act Staff Report: Water Reclamation and Biosolids Platinum Level Accreditation 1 Packet Pg. 194 Attachment: Staff Report-biosolids (8717 : Staff report: Biosolids) City of Fort Collins Program Highlights 4 100% UTILITY OPERATION 100% REGULATORY COMPLIANT 100% BIOSOLIDS REUSE AT MSR BIOSOLIDS VALUE CHAIN Staff Report: Water Reclamation and Biosolids Platinum Level Accreditation 1 Packet Pg. 195 Attachment: Staff Report-biosolids (8717 : Staff report: Biosolids) Biosolids Management in Pictures 5 Staff Report: Water Reclamation and Biosolids Platinum Level Accreditation 1 Packet Pg. 196 Attachment: Staff Report-biosolids (8717 : Staff report: Biosolids) Thank You!! 6 Staff Report: Water Reclamation and Biosolids Platinum Level Accreditation 1 Packet Pg. 197 Attachment: Staff Report-biosolids (8717 : Staff report: Biosolids) Agenda Item 19 Item # 19 Page 1 AGENDA ITEM SUMMARY February 4, 2020 City Council STAFF Judge Kathleen M. Lane, Chief Judge Patty Netherton, Municipal Court Administrator Jill Hueser, Legal SUBJECT First Reading of Ordinance No. 034, 2020, Amending Chapter 1 of the Code of the City of Fort Collins to Establish Standards for Sentences to Probation and Deferred Judgments and Sentences. EXECUTIVE SUMMARY The purpose of this item is to amend Chapter 1 of the City Code to describe how probation will be used in Municipal Court as a new sentencing alternative and to codify procedures for deferred judgment and sentencing dispositions. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Fort Collins Municipal Court is in the process of creating a Probation Division, thanks to budget approval for a new position of Probation Officer beginning in 2020. Probation will be used as an alternative sentence to fines or jail. Probation may include intensive personalized services for defendants, using evidence-based testing and practices to get to the underlying or root cause(s) of the violation(s) committed. The goals of probation will include compliance with court-ordered programs, reducing recidivism rates through early intervention thereby lessening the financial impact on the community, and helping defendants remove barriers to leading law-abiding, productive lives within the community. Court staff has been working with Prosecution and Defense Attorneys to design the processes and forms that will be used when cases are referred to probation. An ordinance amending the City Code to permit sentences to probation and to provide a general outline for cases referred to probation and/or deferred judgment and sentencing is an important part of that process. This proposed ordinance describes the types of cases that may be referred to probation, length of probation, common conditions of probation, and procedures for revocation of probation due to condition violation(s). The ordinance also contains a provision relating to deferred judgment and sentence dispositions to codify existing practices. CITY FINANCIAL IMPACTS The recommended addition to the City Code will not result in any impacts to the City’s financial resources. ATTACHMENTS 1. Powerpoint presentation (PDF) 19 Packet Pg. 198 February 4, 2020 Fort Collins Municipal Court, City Attorney’s Office ATTACHMENT 1 19.1 Packet Pg. 199 Attachment: Powerpoint presentation (8676 : Municipal Court - Probation) Fort Collins Municipal Court Municipal Court’s ability to encourage and assist defendants to lead a law-abiding life by: • Developing education and alternative sentencing options that balance accountability with compassion • Philosophy of offering services to those in need 2 19.1 Packet Pg. 200 Attachment: Powerpoint presentation (8676 : Municipal Court - Probation) Alternative Sentencing Current Alternative Sentencing Options: • Behavior based education classes • Unsupervised useful public service • Restorative Justice and Mediation Programs (City and CSU partnerships) • Special Agency Sessions (SAS) • The Center for Family Outreach 3 19.1 Packet Pg. 201 Attachment: Powerpoint presentation (8676 : Municipal Court - Probation) New Probation Division Creation of a new Probation Division for Municipal Court: • Provides additional alternative sentencing options for the Court • Provides a benefit to both offenders and the community by utilizing rehabilitative action with appropriate supervision • Provides increased capacity for the Court to help individuals work toward stability and productive law-abiding lives within the community 4 19.1 Packet Pg. 202 Attachment: Powerpoint presentation (8676 : Municipal Court - Probation) Links to the 2018 Strategic Plan and BFO offer BFO Offer: Municipal Court Services 33.1 SAFE COMMUNITY: Fort Collins provides a safe place to live, work, learn and play • 5.1 Improve community involvement, education and regional partnerships to increase the level of public trust and keep the community safe. 5 19.1 Packet Pg. 203 Attachment: Powerpoint presentation (8676 : Municipal Court - Probation) Thank You! City Council and City staff for supporting sentencing alternatives in Municipal Court 6 19.1 Packet Pg. 204 Attachment: Powerpoint presentation (8676 : Municipal Court - Probation) -1- ORDINANCE NO. 034, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 1 OF THE CODE OF THE CITY OF FORT COLLINS TO ESTABLISH STANDARDS FOR SENTENCES TO PROBATION AND DEFERRED JUDGMENTS AND SENTENCES WHEREAS, the City Council provided funds for hiring and employment of a probation officer by the Fort Collins Municipal Court in the 2020 budget; and WHEREAS, probation, which is an alternative to fines and jail time, provides a benefit to both offenders and the community in allowing for rehabilitative action and appropriate supervision; and WHEREAS, Municipal Court is increasingly sentencing individuals with needs that can be addressed through a probationary sentence, such as substance abuse disorders and mental health issues; and WHEREAS, supervision by probation will increase the likelihood that individuals will engage in treatment and complete sentencing requirements and increase early intervention and rehabilitation for municipal offenders; and WHEREAS, probationary sentences are lower cost than incarceration and will allow low- risk offenders to remain in the community and work toward greater stability and productivity; and WHEREAS, in order to effectively run a probation division, the City needs to establish both authority to sentence to probation and procedures for revocation of probation; and WHEREAS, deferred judgements and sentences allow offenders to complete certain conditions and have their guilty pleas withdrawn and the case dismissed; and WHEREAS, conditions placed on a deferred judgment and sentence would be appropriately supervised by a probation division; and WHEREAS, a uniform procedure for revoking probation and/or a deferred judgment and sentence ensures fairness and due process; and WHEREAS, guidance and express authorization for imposing probation sentences will ensure Municipal Court judges sentence consistently and fairly; and WHEREAS, the City Council has determined that the proposed amendments are in the best interests of the City and are necessary for the health, safety, and welfare of the City’s citizens. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 205 -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Chapter 1 of the Code of the City of Fort Colins is hereby amended by adding new Sections 1-25 through 1-28 to read as follows: Sec. 1-25. Sentences to Probation. (a) A person who has been convicted of a non-traffic offense is eligible to apply to the Municipal Court for probation. A person may be referred to or ordered to probation for supervision of conditions of any deferred judgment and sentence agreement. (b) The Municipal Court may grant the defendant probation for such period and upon such terms and conditions as it deems just and appropriate, balancing the best interests of both the public and the defendant. The length of probation is at the Municipal Court’s discretion and may exceed the maximum period of incarceration authorized for the classification of the offense of which the defendant is convicted but shall not exceed two (2) years. (c) If the Municipal Court grants the defendant probation, the order placing the defendant on probation shall take effect upon entry and, if any appeal is brought, shall remain in effect pending review by an appellate court unless the court grants a stay of probation. Unless an appeal is filed that raises a claim that probation was granted contrary to law, the Municipal Court shall retain jurisdiction of the case. (d) In addition to imposing other conditions, if the conviction is for a misdemeanor, the Municipal Court may impose jail as a condition of probation. The aggregate length of any such commitment whether continuous or at designated intervals may not exceed sixty (60) days. (e) The Municipal Court, in its discretion may grant probation to a defendant unless it is satisfied that imprisonment is the more appropriate sentence because: (1) There is undue risk that during a period of probation the defendant will commit another crime; or (2) the defendant is in need of correctional treatment that can most effectively be provided by a sentence to imprisonment; or (3) a sentence to probation will unduly depreciate the seriousness of the defendant's crime or undermine respect for law; or (4) the defendant’s past criminal record indicates that probation would fail to accomplish its intended purposes; or (5) the crime, the facts surrounding it, or the defendant's history and character do not justify the granting of probation. Packet Pg. 206 -3- (f) The following factors, or the converse thereof where appropriate, while not controlling the discretion of the Municipal Court, shall be accorded weight in making determinations called for by this Section: (1) the defendant's criminal conduct neither caused nor threatened serious harm to another person or his or her property; (2) the defendant did not plan or expect that such criminal conduct would cause or threaten serious harm to another person or his or her property; (3) the defendant acted under strong provocation; (4) there were substantial grounds which, though insufficient to establish a legal defense, tend to excuse or justify the defendant's conduct; (5) the victim of the defendant's conduct induced or facilitated its commission; (6) the defendant has made or will make restitution or reparation to the victim of the defendant’s conduct for the damage or injury which was sustained; (7) the defendant has no history of prior criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present offense; (8) the defendant's conduct was the result of circumstances unlikely to recur; (9) the character, history, and attitudes of the defendant indicate that the defendant is unlikely to commit another crime; (10) the defendant is particularly likely to respond affirmatively to probationary treatment; (11) imprisonment would entail undue hardship to the defendant or the defendant’s dependents; (12) the defendant is elderly or in poor health; (13) the defendant did not abuse a public position of responsibility or trust; (14) the defendant cooperated with law enforcement authorities by bringing other offenders to justice, or otherwise. Nothing in this Section shall be deemed to require explicit reference to these factors in a presentence report or by the Municipal Court at sentencing. Sec. 1-26. Conditions of Probation. Packet Pg. 207 -4- (a) The conditions of probation shall be such as the Municipal Court in its discretion deems reasonably necessary to ensure that the defendant will lead a law-abiding life and to assist the defendant in doing so. Mandatory conditions of probation shall include: (1) that the defendant not commit another offense during the period for which the sentence or deferred judgment and sentence remains subject to revocation; (2) that the defendant make restitution if ordered; (3) that the defendant comply with any court orders regarding substance abuse testing and treatment; and (4) that the defendant not harass, molest, intimidate, retaliate against, or tamper with the victim of or any prosecution witnesses to the crime, unless the Municipal Court makes findings that such condition is not necessary. (b) When granting probation, the Municipal Court may, as a condition of probation, require that the defendant: (1) work faithfully at a suitable employment or faithfully pursue a course of study or of vocational training that will equip the defendant for suitable employment; (2) undergo available medical or psychiatric treatment and remain in a specified institution if required for that purpose. (3) participate in restorative justice practices, if available, and the defendant is determined suitable by a designated restorative justice practices facilitator. Failure to complete the requirements arising from a restorative justice conference may be considered a violation of probation. Nothing in this subparagraph shall be construed to require a victim to participate in restorative justice practices or a restorative justice victim-offender conference. (4) pay reasonable costs of the Municipal Court proceedings or costs of supervision of probation, or both. (5) pay any fines or fees imposed by the Municipal Court or complete useful public service in lieu of payment if the defendant is deemed indigent by the Municipal Court; (6) refrain from possessing a firearm, destructive device, or other dangerous weapon unless granted written permission by the Municipal Court or probation officer; (7) refrain from use or excessive use of alcohol or any unlawful use of controlled substances, or of any other dangerous or abusable drug without a prescription; except that the Municipal Court shall not, as a condition of probation, prohibit the possession or use of medical marijuana, unless the Municipal Court determines, based on any material Packet Pg. 208 -5- evidence, that a prohibition against the possession or use of medical marijuana is necessary and appropriate to accomplish the goals of sentencing; (8) report to a probation officer at reasonable times as directed by the Municipal Court or the probation officer; (9) remain within the jurisdiction of the Municipal Court, unless granted permission to leave by the Municipal Court or the probation officer; (10) answer all reasonable inquiries by the probation officer and promptly notify the probation officer of any change in physical, mailing and email addresses, phone numbers or employment; (11) be subject to home detention; (12) be subject to electronic or global position monitoring; (13) satisfy any other conditions reasonably related to the defendant's rehabilitation and the purposes of probation; (14) participate in drug treatment. If the defendant's assessed treatment need is for residential treatment, the Municipal Court may make residential drug treatment a condition of probation; (15) attend school or an educational program or to work toward the attainment of a high school diploma or the successful completion of a high school equivalency examination; except that the Municipal Court shall not require any juvenile to attend a school from which such juvenile has been expelled without the prior approval of that school's local board of education; (16) participate in Special Agency Session or other programs. (c) A defendant who is granted probation or is on a deferred judgment and sentence supervised by probation shall be given a written statement explicitly setting forth the conditions of probation or probation supervised deferred judgment and sentence. (d) For good cause shown and after notice to the defendant, the City Attorney’s Office, and the probation officer, and after a hearing if the defendant or the City Attorney’s Office requests it, the Judge may reduce or increase the term of probation or alter the conditions or impose new conditions. Sec. 1-27. Deferred Judgment and Sentence. (a) In any case in which the defendant has entered a plea of guilty or no contest, the Municipal Court has the power, with the written consent of the defendant, the defendant’s attorney of record, and the City Attorney’s Office, to continue the case for the purpose of Packet Pg. 209 -6- entering judgment and sentence upon the plea of guilty for a period not to exceed two (2) years. The period shall begin to run from the date that the Municipal Court continues the case. (b) Prior to entry of a plea of guilty or no contest to be followed by deferred judgment and sentence, the City Attorney’s Office, in the course of plea discussion is authorized to enter into a written stipulation, to be signed by the defendant, the defendant's attorney of record, and the City Attorney’s Office, under which the defendant is obligated to adhere to such stipulation. The conditions imposed in the stipulation shall be similar in all respects to conditions permitted as part of probation and a deferred judgment and sentence may be supervised by a probation officer. In addition, the stipulation may require the defendant to perform community or charitable work service projects or make donations thereto. (c) Upon full compliance by the defendant with the written conditions of a stipulation, the plea of guilty or no contest previously entered shall be withdrawn and the charge upon which the judgment and sentence of the Municipal Court was deferred shall be dismissed with prejudice and the defendant given notice of eligibility to seal municipal records pertaining to the case dismissed. (d) When, as a condition of the deferred judgment and sentence, the Municipal Court orders the defendant to make restitution and has determined that the defendant has the ability to pay, evidence of failure to pay the restitution shall constitute prima facie evidence of a violation. (e) Whether a breach of condition has occurred shall be determined by the Municipal Court without a jury upon motion of the City Attorney’s Office and upon notice of hearing thereon of not less than seven (7) days to the defendant or the defendant's attorney of record. Failure of the defendant to appear before the Municipal Court as required shall be deemed a violation of the conditions of a deferred judgment and sentence supervised by probation and the Municipal Court may issue a warrant for the defendant’s arrest. (f) Application for entry of judgment and imposition of sentence may be made by the City Attorney’s Office at any time within the term of the deferred judgment and sentence or within thirty-five (35) days thereafter. (g) The burden of proof at the hearing shall be by a preponderance of the evidence, and the procedural safeguards required in a revocation of probation hearing shall apply. (h) When a defendant signs a stipulation providing that judgment and sentence shall be deferred for a time certain, defendant waives all rights to a trial. (i) A warrant for the arrest of any defendant for breach of a condition of a deferred judgment and sentence may be issued by any judge of the Municipal Court upon the report of a probation officer, or upon the verified complaint of any person, establishing to the satisfaction of the judge probable cause to believe that a condition of the deferred judgment and sentence has been violated and that the arrest of the defendant is reasonably necessary. Packet Pg. 210 -7- Sec. 1-28. Revocation of probation or deferred judgment and sentence supervised by probation. (a) If a probation officer has reason to believe that the conditions of probation or a deferred judgment and sentence have been violated by any defendant on probation or under probation supervision of conditions of a deferred judgment and sentence, the probation officer may notify the prosecutor. The prosecutor may file a motion to revoke probation and request a hearing. The Municipal Court may issue notice of hearing requiring the defendant to appear before the Municipal Court at a specified time and place to answer charges of violation of the conditions of probation. The motion to revoke and request for hearing shall contain a brief statement of the violation and the date and place thereof. A copy of the motion shall be given to the defendant a reasonable length of time before the defendant’s scheduled appearance in Municipal Court. (b) Failure of the defendant to appear before the Municipal Court as required shall be deemed a violation of the conditions of probation or conditions of a deferred judgment and sentence supervised by probation and the Municipal Court may issue a warrant for the defendant’s arrest. (c) At the first appearance of the defendant in Municipal Court or at the commencement of the hearing, whichever is first in time, the Municipal Court shall advise the defendant of his or her rights in the revocation proceeding, including the right to court-appointed counsel if qualifies as indigent and that there is no right to a trial by jury in proceedings for revocation of probation. (d) At or prior to the commencement of the hearing, the Municipal Court shall advise the defendant of the alleged violations of conditions of probation and the possible penalties and shall require the defendant to admit or deny the allegations. (e) At the hearing, the prosecution has the burden of establishing by a preponderance of the evidence the violation of a condition of probation; except that the commission of a criminal offense must be established beyond a reasonable doubt unless the defendant has been convicted thereof in a criminal proceeding. The Municipal Court may, when it appears that the alleged violation of conditions of probation consists of an offense with which the defendant is charged in a criminal proceeding then pending, continue the probation revocation hearing until the termination of the criminal proceeding. (f) When, in a revocation hearing, the alleged violation of a condition is the defendant’s failure to pay court-ordered compensation to appointed counsel, probation fees, court costs, restitution, or reparations, evidence of the failure to pay shall constitute prima facie evidence of a violation. Any evidence having probative value shall be received regardless of its admissibility under the exclusionary rules of evidence if the defendant is accorded a fair opportunity to rebut hearsay evidence. The Municipal Court shall not revoke probation for failure to pay unless the Municipal Court has made findings on the record, after providing notice to the defendant and a hearing, that the defendant has the ability to comply with the Municipal Court’s order to pay a monetary amount due without undue hardship to the defendant or the defendant’s dependents and that the defendant has not made a good-faith effort to comply with the order. Packet Pg. 211 -8- (g) For purposes of subsection, a defendant or a defendant's dependents are considered to suffer undue hardship if they would be deprived of money needed for basic living necessities, such as food, shelter, clothing, necessary medical expenses, or child support. In determining whether a defendant is able to comply with an order to pay a monetary amount without undue hardship to the defendant or the defendant's dependents, the Municipal Court shall consider: (1) whether the defendant is experiencing homelessness; (2) the defendant's present employment, income, and expenses; (3) the defendant's outstanding debts and liabilities, both secured and unsecured; (4) whether the defendant has qualified for and is receiving any form of public assistance, including food stamps, temporary assistance for needy families, medicaid, or supplemental security income benefits; (5) the availability and convertibility, without undue hardship to the defendant or the defendant's dependents, of any real or personal property owned by the defendant; (6) whether the defendant resides in public housing; (7) whether the defendant's family income is less than two hundred percent of the federal poverty line, adjusted for family size; and (8) any other circumstances that would impair the defendant's ability to pay. (h) If the defendant is in custody, the hearing shall be held within fourteen (14) days after the filing of the complaint, unless delay or continuance is granted by the court at the instance or request of the defendant or for other good cause found by the Municipal Court justifying further delay. (i) If the defendant fails to appear at the hearing referenced in this paragraph after receiving notice, the Municipal Court may issue a warrant for his or her arrest for failure to appear. (j) If the Municipal Court determines that a violation of a condition of probation has been committed, it shall, within seven (7) days after the said hearing, either revoke or continue the probation. If probation is revoked, the Municipal Court may then impose any sentence or grant any probation pursuant to the provisions of Code Section 1-15 which might originally have been imposed or granted. Packet Pg. 212 -9- Introduced, considered favorably on first reading, and ordered published this 4th day of February, A.D. 2020, and to be presented for final passage on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 213 Agenda Item 20 Item # 20 Page 1 AGENDA ITEM SUMMARY February 4, 2020 City Council STAFF Sue Beck-Ferkiss, Social Policy and Housing Program Manager Jeff Mihelich, Deputy City Manager Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 035, 2020, Appropriating Prior Year Reserves to Purchase Property on North College Avenue for the Affordable Housing Land Bank. EXECUTIVE SUMMARY The purpose of this item is to appropriate funds for the purchase of an approximately 5-acre parcel of land just west of North College Avenue for the City's affordable housing Land Bank Program. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Land Bank Program is the City’s only long-term affordable housing development incentive. The program is designed to buy land for future affordable housing development. This locks in land values at current prices with an expectation of appreciation. That allows the land to be sold at no more than 90% of the fair market value at the time of development, building in subsidy for the ultimate affordable housing project. This also preserves locations for the future to ensure that affordable housing will be well distributed throughout the City. City Code requires the proceeds of the sale of land bank parcels to be used to buy more land for future affordable housing development. Since the sale of the Horsetooth land bank parcel to Housing Catalyst for the development of the Village on Horsetooth, staff has been looking for land to add to the Land Bank Program. The western portion of the property owned by Hoag Commercial Rentals LLC, located at 1475 North College Avenue has been identified as a good addition to the Land Bank Program’s holdings (the portion is approximately 5 acres). (Attachment 1.) The seller will retain the eastern portion of the property. This site meets the City Code requirements for Land Bank acquisitions as follows: • The land must be acquired from a willing seller. The seller approached the City with this opportunity. • The cost must not exceed fair market value. Based on information on market values provided by City Real Estate Services staff, the cost of this property does not exceed fair market value. (Attachment 2) • Either at the time of acquisition or within 10 years the land will likely be within one-half mile of at least 3 of the 5 planned or existing facilities: Public transit route; public school; park; employment, industrial, campus or downtown district; and commercial center. This property is currently within ½ mile of public transit routes, employment areas, and commercial centers. (Attachment 3) • The land must be within the Fort Collins Growth Management Area (GMA). This parcel is in the City’s GMA. (Attachment 1) 20 Packet Pg. 214 Agenda Item 20 Item # 20 Page 2 City Code authorizes the City Manager to acquire land on behalf of the City for the Land Bank Program when funds have been appropriated for this purpose. The final purchase price for this parcel cannot be calculated until a survey of the land has been completed. The intention is to acquire the western section of the property which is estimated at around 5 acres. The parties have agreed to a price of five dollars and 85 cents ($5.85) per square foot to be calculated after the survey is completed and prior to closing on the purchase. The parties anticipate that the total purchase price will not exceed $1,276,679. This item seeks an appropriation of up to $1,276,679 for the purchase of the western portion of the parcel as identified by the survey. If the final purchase price is less than the appropriated amount, less funding will be used. If additional funding is required, staff will return to Council for consideration of that different amount. The Land Bank Program has the funding necessary to complete this purchase. CITY FINANCIAL IMPACTS The City will pay up to $1,276,679 for a land bank parcel with funds from the Land Bank Program Reserves within the General Fund and will own an asset valued at the same amount. BOARD / COMMISSION RECOMMENDATION The Affordable Housing Board has been made generally aware of staff’s efforts to locate and purchase another land bank parcel but has not been given particulars about this parcel. PUBLIC OUTREACH None. ATTACHMENTS 1. Location map (PDF) 2. Comparable Values Map (PDF) 3. Parcel Proximity to Amenities (PDF) 4. Powerpoint presentation (PDF) 20 Packet Pg. 215 ATTACHMENT 1 Potential Land Bank Purchase West of 1475 North College 20.1 Packet Pg. 216 Attachment: Location map (8670 : Affordable Housing Land Bank Appropriation) $5.36/SF $7/SF $10.98/SF $5.60/SF $5.50/SF $10/SF $10.62/SF $5.30/SF $6.43/SF $5.85/SF HOAG PROPERTY PASCAL ST WESTWOOD DR BLUE SPRUCE DR CAJETAN ST N MASON ST URBAN PRAIRIE ST CONIFER ST OSIANDER ST N COLLEGE AVE BLONDEL ST BUTCH CASSIDY DR ALPINE ST BIRCH FIREWEED LN WALLFLOWER LN LUPINE DR ECHO MOUNTAIN LN SANGRE DE CRISTO LN LA GARITA LN E SUNIGA RD EMMAUS LN N MASON ST HIBDON CT W SUNIGA RD JEROME ST E VINE DR WOODLAWN DR BRISTLECONE DR HEMLOCK ST HICKORY ST RED CEDAR CIR ± Hoag/Comparable Values ATTACHMENT 2 2 Packet Pg #17IS1 REDWING MARSH NATURAL AREA SALYER NATURAL AREA ! 81 ! 81 ! 81 W WILLOX LN E WI L L O X L N N COLLEGE AVE ! 8 ! 8 ! 8 361 364 365 1431 363 1470 808 362 1447 1434 1433 360 1430 1432 488 1462 ©2019 Printed: November 21, Scale000 1:4, Amended: January 20, 2015 Hoag Property - Proximity to Amenities Commercial Area Employment Area Transit Line 0 300 600 900 1,200 Feet Hoag Property ATTACHMENT 3 2 Packet Pg 1 Appropriation for Land Bank Property Purchase Sue Beck-Ferkiss 2-4-2020 ATTACHMENT 4 20.4 Packet Pg. 219 Attachment: Powerpoint presentation (8670 : Affordable Housing Land Bank Appropriation) Fort Collins Affordable Housing Land Bank • Only long-range affordable housing incentive • Proactive not reactive • Holds locations for future affordable housing community • Locks in price • Provides good distribution ©Copyright 2014 City of Fort Collins. All Rights Reserved 2 20.4 Packet Pg. 220 Attachment: Powerpoint presentation (8670 : Affordable Housing Land Bank Appropriation) Strategic Alignment 3 Land Bank Program Council Priority City Plan, SSD Strategic Plan City Strategic Plan Neighborhood Livability & Social Health 1.1 Affordable Housing Strategic Plan 20.4 Packet Pg. 221 Attachment: Powerpoint presentation (8670 : Affordable Housing Land Bank Appropriation) 4 Land Bank Parcels 20.4 Packet Pg. 222 Attachment: Powerpoint presentation (8670 : Affordable Housing Land Bank Appropriation) Location of Vacant Land 5 20.4 Packet Pg. 223 Attachment: Powerpoint presentation (8670 : Affordable Housing Land Bank Appropriation) Purchase Considerations ü Willing Seller ü Cost does not exceed fair market value ü Currently or will be within ½ mile of at least 3 of the following: 1. Transit Route 2. School 3. Park 4. Employment Center 5. Commercial Center ü Located in City Growth Management Area 6 20.4 Packet Pg. 224 Attachment: Powerpoint presentation (8670 : Affordable Housing Land Bank Appropriation) Appropriation for Land Bank Purchase • Western vacant portion of 1475 N. College Avenue • Price negotiated per square foot = $5.85 • Survey needed to finalize purchase price • Appropriation based on 5 Acres +/- • Authorization is for no more than $1,276,679 • Zoning = Service Commercial (CS) • Estimate that 75 +/- homes could be developed 7 20.4 Packet Pg. 225 Attachment: Powerpoint presentation (8670 : Affordable Housing Land Bank Appropriation) -1- ORDINANCE NO. 035, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES TO PURCHASE PROPERTY ON NORTH COLLEGE AVENUE FOR THE AFFORDABLE HOUSING LAND BANK WHEREAS, on April 17, 2001, the City Council adopted Ordinance No. 048, 2001, enacting Article XIII of the Chapter 23 of the City Code regarding land banking; and WHEREAS, the purpose of the land bank program is to enable the City to acquire, hold and sell real property to assist housing providers in providing affordable rental and homeownership housing for low-income residents; and WHEREAS, in 2017 the City sold a land bank property to Housing Catalyst for construction of the Village on Horsetooth project, and since then City staff has been looking for an appropriate parcel to purchase with the proceeds of that sale; and WHEREAS, the owner of a property at 1475 North College Avenue has offered to sell the eastern portion of that property, approximately 5 acres in size, to the City for land bank purposes (the “Property”), with the owner retaining the remaining parcel; and WHEREAS, the Property meets the criteria specified in Section 23-352 of the City Code for acquisition of land bank properties; and WHEREAS, the purchase price of the Property would be $5.85 per square foot with the precise square footage to be determined by a survey once the Property is under contract; and WHEREAS, City staff expects that the total purchase price of the Property will not exceed $1,276,679, and so has requested that the Council appropriate that amount for purchase of the Property; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of adding property to the City’s land banking program for the future construction of affordable housing; 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 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. Packet Pg. 226 -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 and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from prior year reserves in the General Fund within the Land Bank Program the sum of ONE MILLION TWO HUNDRED SEVENTY- SIX THOUSAND SIX HUNDRED SEVENTY-NINE DOLLARS ($1,276,679) for expenditure in the General Fund for the purchase of the eastern portion of the property at 1475 North College Avenue, as described herein. Introduced, considered favorably on first reading, and ordered published this 4th day of February, A.D. 2020, and to be presented for final passage on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 227 Agenda Item 21 Item # 21 Page 1 AGENDA ITEM SUMMARY February 4, 2020 City Council STAFF Zoe Shark, Public Engagement Manager Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 036, 2020, Appropriating Unanticipated Grant Revenue and Authorizing Transfers in the Natural Areas Fund for the Club Outdoors Program. EXECUTIVE SUMMARY The purpose of this item is to appropriate a $70,660 grant awarded by the D.R. & V. Pulliam Charitable Trust into the Natural Areas Department’s 2020 budget. This grant was awarded to support Club Outdoors, an after- school and summer program that connects Boys & Girls Club members to natural areas. Most of the grant ($58,400) will be the salary for two summer internships and a new contractual staff person to run Club Outdoors for one year. The rest of the funds will cover expenses such as transportation, food, and gear for participants. The grant requires the Natural Areas Department to cover the benefits costs of the positions, $16,161, a funding match of approximately 22%. The match will come from previously appropriated Natural Areas Department funds. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION City of Fort Collins Natural Areas Department makes it a priority to reach audiences that traditionally have not had access to outdoor programming, such as Boys & Girls Club members. This is because the privilege of experiencing Colorado’s special outdoor places is, unfortunately, not available to all children in northern Colorado. This means that young people may not have access to nature’s benefits such as physical and mental health, increased focus and attention, a sense of connectedness to nature and community, and more. Without kids that care about getting outside and who see the value of nature, the future conservation of natural areas is at serious risk. This commitment to underserved youth was the inspiration for Club Outdoors, a very successful partnership between the Natural Areas Department and two Boys & Girls Club locations in 2018-2019. With this grant, Club Outdoors will be expanded to provide weekly activities, increase its reach to include the Loveland Boys & Girls Club location, and to add more field trips to Bobcat Ridge Natural Area. Club Outdoors, and its expansion funded by this grant, is an example of City Council’s priority to use an equity lens (Neighborhood Livability and Social Health) and improve equitable participation through expanded programming (Culture and Recreation). This grant supports the Natural Areas Department’s strategic goals to connect people to nature and expand equity and inclusion efforts. The grant is for one year, and continuing funds are anticipated to be sought from Pulliam Charitable Trust. 21 Packet Pg. 228 Agenda Item 21 Item # 21 Page 2 CITY FINANCIAL IMPACTS City resources would increase by $70,660. Required matching funds (amount $16,161) have already been appropriated in the 2020 Natural Areas Fund. BOARD / COMMISSION RECOMMENDATION On January 8, 2020, the Land Conservation and Stewardship Board unanimously recommended City Council appropriate the grant funds of $70,660 into the Natural Areas 2020 budget. ATTACHMENTS 1. Land Conservation and Stewardship Board Minutes, January 8, 2020 (draft) (PDF) 2. Powerpoint presentation (PDF) 21 Packet Pg. 229 Land Conservation & Stewardship Board Meeting Minutes Excerpt - January 8, 2020 D R A F T Minutes CLUB OUTDOORS GRANT – Zoe Shark, reported the Natural Areas Department was awarded the Club Outdoors Grant for $70,6060 by the Pulliam Charitable Trust. The grant will support Club Outdoors, an after-school and summer program that connects Boys & Girls Club members to natural areas. Most of the grant will fund two salary summer internships and a new contractual staff person to run the program for one year. The remaining funds will go towards transportation, food and gear. The grant award requires NAD to cover the benefits costs of the positions, $16,000, a funding match of 22%. Discussion: Kelly inquired about Loveland’s support of the grant, since they would be benefitting from it as well. Zoe reported that NAD has been in contact with the Loveland Open Lands because a few years ago when NAD was awarded the GOCO Inspire Grant the Loveland Open Lands Program (LOLP) was working with the Loveland Boys & Girls Club at the time. Zoe contacted the LOLP and they didn’t have the capacity to do any of the work at this time. Kelly Ohlson made a motion recommending City Council approve the appropriation of the $70,6060 grant award from the D.R.&V. Pulliam Charitable Trust into the Natural Areas Department budget. David Tweedale seconded the motion. The motion was approved 7-0. ATTACHMENT 1 21.1 Packet Pg. 230 Attachment: Land Conservation and Stewardship Board Minutes, January 8, 2020 (draft) (8669 : Pulliam Charitable Trust Appropriation) 1 Club Outdoors Grant from Pulliam Charitable Trust Zoë Shark 2-4-20 ATTACHMENT 2 21.2 Packet Pg. 231 Attachment: Powerpoint presentation (8669 : Pulliam Charitable Trust Appropriation) Question Before Council Does Council support the appropriation of a $70,6060 grant for Club Outdoors into the Natural Areas Department budget? 2 21.2 Packet Pg. 232 Attachment: Powerpoint presentation (8669 : Pulliam Charitable Trust Appropriation) Grant Makes Possible: • Increase Club Outdoors to weekly • Expand to a 3rd location • 10-month position • 2 summer internships • Transportation, food, gear • City match of $16,161 3 21.2 Packet Pg. 233 Attachment: Powerpoint presentation (8669 : Pulliam Charitable Trust Appropriation) Background 4 21.2 Packet Pg. 234 Attachment: Powerpoint presentation (8669 : Pulliam Charitable Trust Appropriation) The D.R. and V. Pulliam Charitable Trust 5 • Former owners of Bobcat Ridge Natural Area • We appreciate their funding for education, historic structure preservation, trails at Bobcat Ridge 21.2 Packet Pg. 235 Attachment: Powerpoint presentation (8669 : Pulliam Charitable Trust Appropriation) Alignment 6 CITY PLAN CR 2: Provide a variety of high-quality outdoor recreational opportunities that are accessible to all residents. ENV 1c: Promote understanding and enjoyment of local and regional open lands... (through) recreational activities, formal and nonformal education, and interpretive programs. STRATEGIC PLAN NLSH 1.3: Improve accessibility to City and community programs and services to low-and moderate-income populations. ENV 4.10: Expand the Natural Areas land portfolio while simultaneously maintaining existing lands and access to nature. COUNCIL PRIORITIES NLSH: Equity and inclusion CR: Equitable participation in culture and recreation programs 21.2 Packet Pg. 236 Attachment: Powerpoint presentation (8669 : Pulliam Charitable Trust Appropriation) Recommended the appropriation: • Staff • Land Conservation & Stewardship Board 7 21.2 Packet Pg. 237 Attachment: Powerpoint presentation (8669 : Pulliam Charitable Trust Appropriation) Question Before Council Does Council support the appropriation of $70,6060 into the Natural Areas Department budget? 8 21.2 Packet Pg. 238 Attachment: Powerpoint presentation (8669 : Pulliam Charitable Trust Appropriation) Questions? 9 21.2 Packet Pg. 239 Attachment: Powerpoint presentation (8669 : Pulliam Charitable Trust Appropriation) -1- ORDINANCE NO. 036, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE AND AUTHORIZING TRANSFERS IN THE NATURAL AREAS FUND FOR THE CLUB OUTDOORS PROGRAM WHEREAS, in 2018, in collaboration with Boys & Girls Club, the City’s Natural Areas Department created the Club Outdoors Program; and WHEREAS, Club Outdoors is intended to reach underserved youth and provide them with experiences in the outdoors that will connect them to nature and build their sense of community; and WHEREAS, the Natural Areas Department has been awarded a grant of $70,660 by the D.R. and V. Pulliam Charitable Trust to support Club Outdoors in 2020 (the “Grant”), and City staff is requesting that the Council appropriate the Grant proceeds into the Natural Areas Fund to be expended for this purpose; and WHEREAS, the majority of the Grant proceeds would be used for salaries for a new contractual staff person to run Club Outdoors for one year, and two summer interns; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purposes of expanding access to and equitable participation in City programs and facilities, and increasing interest in the conservation of natural areas; and WHEREAS, the Grant requires the City to cover the costs of benefits for the new positions at a cost of approximately $16,161; and WHEREAS, the funds to cover this match are appropriated and available in the Natural Areas Department operating budget; 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 Natural Areas Fund and will not cause the total amount appropriated in the Natural Areas Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof Packet Pg. 240 -2- from one fund or capital project account to another fund or capital project account, provided that the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from unanticipated grant revenue in the Natural Areas Fund the sum of SEVENTY THOUSAND SIX HUNDRED SIXTY DOLLARS ($70,660) for expenditure in the Natural Areas Fund for the Club Outdoors Program. Section 3. That the unexpended appropriated amount of SIXTEEN THOUSAND ONE HUNDRED SIXTY-ONE DOLLARS ($16,161) is authorized for transfer from the Natural Areas Department operating budget in the Natural Areas Fund to the Club Outdoors Program and appropriated therein. Introduced, considered favorably on first reading, and ordered published this 4th day of February, A.D. 2020, and to be presented for final passage on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 241 Hartman St N C o u n t y Roa d 2 3 S C o u n t y R oad 2 3 Laporte Ave STrl Overland Trl N Overland W Vine Dr W M u l b erry St W Elizabeth St © Soldier Canyon Zoning Pump Station Map Annexation Annexation Area ATTACHMENT 1 11.1 Packet Pg. 118 Attachment: Zoning Map (8690 : Soldier Canyon Pump Station Annexation ZONING) Hartman St N C o u n t y Roa d 2 3 S C o u n t y R oad 2 3 Laporte Ave STrl Overland Trl N Overland W Vine Dr W M u l b erry St W Elizabeth St © Soldier Canyon Zoning Pump Station Map Annexation Annexation Area ATTACHMENT 3 10.3 Packet Pg. 111 Attachment: Zoning Map (8689 : Soldier Canyon Pump Station Annexation) o u n t y R o ad 23 Laporte Ave STrl Overland Trl N Overland W Vine Dr W M u l b erry St © Soldier Canyon Structure Pump Plan Station Map Annexation Annexation Area Campus District Parks & Natural/Protected Lands Rural Neighborhood Suburban Neighborhood Mixed Neighborhood ATTACHMENT 2 10.2 Packet Pg. 110 Attachment: Structure Plan Map (8689 : Soldier Canyon Pump Station Annexation) BIWEEKLY MONTHLY ANNUAL 5.00 OT2 $1,363.31 $1,704.19 $2,045.04 $2,953.83 $3,692.42 $35,446.00 $44,309.00 $53,171.00 $4,430.92 BIWEEKLY MONTHLY ANNUAL Page 17 of 20 1.2 Packet Pg. 34 Attachment: Ordinance No. 016, 2020 (8709 : SR 016 Amended Pay Plan) $8,068.33 BIWEEKLY MONTHLY ANNUAL 3.00 P2 $1,966.19 $2,621.58 $3,277.00 $4,260.08 $5,680.08 $51,121.00 $68,161.00 $85,202.00 $7,100.17 BIWEEKLY MONTHLY ANNUAL 4.00 P1 $1,730.23 $2,307.00 $2,883.77 $3,748.83 $4,998.50 $44,986.00 $59,982.00 $74,978.00 $6,248.17 BIWEEKLY MONTHLY ANNUAL Page 16 of 20 1.2 Packet Pg. 33 Attachment: Ordinance No. 016, 2020 (8709 : SR 016 Amended Pay Plan) BIWEEKLY MONTHLY ANNUAL Page 15 of 20 1.2 Packet Pg. 32 Attachment: Ordinance No. 016, 2020 (8709 : SR 016 Amended Pay Plan) $8,755.00 BIWEEKLY MONTHLY ANNUAL 3.00 P2 $2,133.54 $2,844.69 $3,555.88 $4,622.67 $6,163.50 $55,472.00 $73,962.00 $92,453.00 $7,704.42 BIWEEKLY MONTHLY ANNUAL 4.00 P1 $1,877.50 $2,503.35 $3,129.19 $4,067.92 $5,423.92 $48,815.00 $65,087.00 $81,359.00 $6,779.92 BIWEEKLY MONTHLY ANNUAL Page 14 of 20 1.2 Packet Pg. 31 Attachment: Ordinance No. 016, 2020 (8709 : SR 016 Amended Pay Plan) BIWEEKLY MONTHLY ANNUAL 6.00 OT1 $1,424.23 $1,780.27 $2,136.35 $3,085.83 $3,857.25 $37,030.00 $46,287.00 $55,545.00 $4,628.75 BIWEEKLY MONTHLY ANNUAL Page 13 of 20 1.2 Packet Pg. 30 Attachment: Ordinance No. 016, 2020 (8709 : SR 016 Amended Pay Plan) $10,603.00 BIWEEKLY MONTHLY ANNUAL 3.00 P2 $2,583.88 $3,445.15 $4,306.42 $5,598.42 $7,464.50 $67,181.00 $89,574.00 $111,967.00 $9,330.58 BIWEEKLY MONTHLY ANNUAL 4.00 P1 $2,273.81 $3,031.73 $3,789.69 $4,926.58 $6,568.75 $59,119.00 $78,825.00 $98,532.00 $8,211.00 BIWEEKLY MONTHLY ANNUAL Page 12 of 20 1.2 Packet Pg. 29 Attachment: Ordinance No. 016, 2020 (8709 : SR 016 Amended Pay Plan) $6,068.33 BIWEEKLY MONTHLY ANNUAL Page 10 of 20 1.2 Packet Pg. 27 Attachment: Ordinance No. 016, 2020 (8709 : SR 016 Amended Pay Plan) BIWEEKLY MONTHLY ANNUAL 3.00 OT4 $1,747.12 $2,183.88 $2,620.65 $3,785.42 $4,731.75 $45,425.00 $56,781.00 $68,137.00 $5,678.08 BIWEEKLY MONTHLY ANNUAL 4.00 OT3 $1,572.38 $1,965.50 $2,358.58 $3,406.83 $4,258.58 $40,882.00 $51,103.00 $61,323.00 $5,110.25 BIWEEKLY MONTHLY ANNUAL 5.00 OT2 $1,415.15 $1,768.96 $2,122.73 $3,066.17 $3,832.75 $36,794.00 $45,993.00 $55,191.00 $4,599.25 BIWEEKLY MONTHLY ANNUAL 6.00 OT1 $1,273.65 $1,592.04 $1,910.46 $2,759.58 $3,449.42 $33,115.00 $41,393.00 $49,672.00 $4,139.33 BIWEEKLY MONTHLY ANNUAL Page 9 of 20 1.2 Packet Pg. 26 Attachment: Ordinance No. 016, 2020 (8709 : SR 016 Amended Pay Plan) $7,248.67 BIWEEKLY MONTHLY ANNUAL 4.00 P1 $1,766.46 $2,355.23 $2,944.08 $3,827.33 $5,103.00 $45,928.00 $61,236.00 $76,546.00 $6,378.83 BIWEEKLY MONTHLY ANNUAL Page 8 of 20 1.2 Packet Pg. 25 Attachment: Ordinance No. 016, 2020 (8709 : SR 016 Amended Pay Plan) Technician I, Parks OT3 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1 Technician I, Police Admin A3 PROTECTIVE SERVICES POLICE ADMINISTRATION 5 Technician I, Water Field Util OT3 OPERATIONS WATER UTILITIES 2 Technician II, Apps Software A4 TECHNOLOGY APPLICATIONS SOFTWARE 3 Technician II, Civil Engr OT4 SCIENCES & ENGINEERING ENGINEERING 3 1.2 Packet Pg. 23 Attachment: Ordinance No. 016, 2020 (8709 : SR 016 Amended Pay Plan) Sr Supervisor, Administration S2 ADMINISTRATION ADMINISTRATION 4 Sr Supervisor, Bldg & Dev Rev S2 DEVELOPMENT & COMPLIANCE BUILDING & DEVELOPMENT REVIEW 1 Sr Supervisor, CSO S2 PROTECTIVE SERVICES COLLECTIVE BARGAINING UNIT 5B Sr Supervisor, Code Compliance S2 DEVELOPMENT & COMPLIANCE COMPLIANCE 1 Sr Supervisor, Cultural Svcs S2 CULTURE, PARKS & RECREATION CULTURAL SERVICES 1 1.2 Packet Pg. 22 Attachment: Ordinance No. 016, 2020 (8709 : SR 016 Amended Pay Plan) Sr Coordinator, Public Engage A5 CUSTOMER SERVICE OUTREACH 4 Sr Coordinator, Recreation A5 CULTURE, PARKS & RECREATION RECREATION 1 Sr Coordinator, Risk Mgmt A5 FINANCE & ACCOUNTING RISK MANAGEMENT 4 Sr Coordinator, Safety A5 HUMAN RESOURCES WORKFORCE SAFETY & SECURITY 4 Sr Coordinator, Talent Dev A5 HUMAN RESOURCES TALENT MANAGEMENT 4 1.2 Packet Pg. 21 Attachment: Ordinance No. 016, 2020 (8709 : SR 016 Amended Pay Plan) Operator II, Transportation Op OT3 OPERATIONS TRANSPORTATION 2 Paralegal A6 LEGAL LEGAL 4 Park Ranger OT4 PROTECTIVE SERVICES OPERATIONS 5 Partner, Human Resources P2 HUMAN RESOURCES TALENT MANAGEMENT 4 Planner, City P2 PLANNING CITY PLANNING 1 1.2 Packet Pg. 20 Attachment: Ordinance No. 016, 2020 (8709 : SR 016 Amended Pay Plan) Lead Spc, Special Events P3 DEVELOPMENT & COMPLIANCE NEIGHBORHOOD SERVICES 1 Lead Specialist, Compliance P3 DEVELOPMENT & COMPLIANCE COMPLIANCE 1 Lead Specialist, Forestry P3 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1 Lead Specialist, Marketing P3 MARKETING & CREATIVE SERVICES MARKETING 4 Lead Specialist, Natural Areas P3 CULTURE, PARKS & RECREATION OUTDOOR SERVICES 1 1.2 Packet Pg. 19 Attachment: Ordinance No. 016, 2020 (8709 : SR 016 Amended Pay Plan) Attachment: Ordinance No. 016, 2020 (8709 : SR 016 Amended Pay Plan)