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Home My WebLink AboutCOUNCIL - COMPLETE AGENDA - 05/18/2021 - REGULAR MEETINGCity of Fort Collins Page 1 Jeni Arndt, Mayor Emily Gorgol, District 6, Mayor Pro Tem Susan Gutowsky, District 1 Julie Pignataro, District 2 Tricia Canonico, District 3 Shirley Peel, District 4 Kelly Ohlson, District 5 City Council Chambers City Hall West 300 LaPorte Avenue Fort Collins, Colorado Cablecast on FCTV Channel 14 on Connexion Channel 14 and 881 on Comcast Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney City Manager City Clerk Regular Meeting May 18, 2021 (Amended 5/17/21) Spanish interpretation is available at this meeting using the following Zoom link: Interpretación en español está disponible en esta reunión usando el siguiente enlace de Zoom: https://zoom.us/j/98241416497 PUBLIC PARTICIPATION OPTIONS There will be four options for people who would like to participate in the meeting:  Live via the Zoom online meeting,  Live via the telephone,  Live in Council Chambers,  By submitting emails to Council at CityLeaders@fcgov.com. All options will be available for those wishing to provide general public comment, as well as public comment during individual discussion items. PUBLIC PARTICIPATION (ONLINE VIA ZOOM): Individuals who wish to address Council via remote public participation can do so through Zoom at https://zoom.us/j/98241416497. (The link and instructions are also posted at www.fcgov.com/councilcomments.) Individuals participating in the Zoom session should watch the meeting through that site, and not via FCTV, due to the streaming delay and possible audio interference. The Zoom meeting will be available beginning at 5:15 p.m. on the day of the meeting. Participants wanting to ensure their equipment setup is working should join prior to 6:00 p.m. For public comments, the Mayor will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to address Council. In order to participate, you must:  Have an internet-enabled smartphone, laptop or computer. Using earphones with a microphone will greatly improve your audio experience.  Join the Zoom meeting using the link on the front page of the agenda or on the City’s home webpage at www.fcgov.com. City of Fort Collins Page 2  If you use the City’s home page, simply click on the “Participate remotely in Council Meeting” link shown near the top of the page. PUBLIC PARTICIPATION (VIA PHONE)  Dial the public participation phone number, 1-346-248-7799, and then enter the Meeting ID 982 4141 6497 followed by the pound sign (#).  The meeting will be available beginning at 5:15 p.m. Please call in to the meeting prior to 6:00 p.m., if possible. For public comments, the Mayor will ask participants to indicate if you would like to speak at that time – phone participants will need to press *9 to do this. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address Council. When participating online or by phone, DO NOT Watch/stream FCTV at the same time due to streaming delay and possible audio interference. PUBLIC PARTICIPATION (IN PERSON) To participate in person, individuals should come to City Hall and be prepared to follow strict social distancing, sanitizer and facial covering guidelines.  A limited number of individuals will be allowed in Council Chambers. Therefore, staging for individuals who wish to speak will occur in the City Hall lobby and outside (weather permitting).  Individuals will be required to wear masks while inside City Hall and any other City buildings being utilized.  Individuals who wish to speak will line up at one of the two podiums available in Council Chambers, maintaining physical distancing by standing on the lines marked on the floor. Facial coverings need to stay in place while speaking.  Once a speaker has provided comments, he or she will be asked to leave Council Chambers to make room for the next speaker. PUBLIC PARTICIPATION (VIA EMAIL) Individuals not comfortable or able to access the Zoom platform or participate by phone are encouraged to participate by emailing general public comments to CityLeaders@fcgov.com. If you have specific comments on any of the discussion items scheduled, please make that clear in the subject line of the email and send prior to the meeting Tuesday evening. WATCH THE MEETING Anyone can view the Council meeting live on Channels 14 and 881 or online at www.fcgov.com/fctv. Note: Only individuals who wish to address Council should use the Zoom link or call in by phone. Anyone who wants to watch the meeting, but not address Council, should view the FCTV livestream. Documents to Share: If residents wish to speak to a document or presentation, the City Clerk needs to be emailed those materials by 4 p.m. the day of the meeting. 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. Upon request, the City of Fort Collins will provide language access services for individuals who have limited English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services, programs and activities. Contact 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please provide 48 hours advance notice when possible. A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al 221-6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione 48 horas de aviso previo cuando sea posible. City of Fort Collins Page 3 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring May 22-29, 2021 as Flood Awareness Week. Regular Meeting 6:00 p.m. • CALL MEETING TO ORDER • PLEDGE OF ALLEGIANCE • ROLL CALL • AGENDA REVIEW: CITY MANAGER • City Manager Review of Agenda. • Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items. • 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 4 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 th ose 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. Consideration and Approval of the Minutes of the April 20, 2021 Regular meeting and the April 27, 2021 Special meeting. The purpose of this item is to approve the minutes of the April 20, 2021 Regular meeting and the April 27, 2021 Special meeting. 2. Second Reading of Ordinance No. 065, 2021, Authorizing the City Manager to Accept a Grant Award and Comply with the Terms of the Grant, and Appropriating Unanticipated Grant Revenue in the Recreation Fund to Support Childcare Needs Due to the COVID-19 Pandemic. This Ordinance, unanimously adopted on First Reading on May 4, 2021, accepts and appropriates a $32,800 Child Care Relief Grant awarded by the State of Colorado into the Recreation Department’s 2021 budget. The grant funds will help offset the Recreation Department’s financial impacts resulting from the COVID-19 pandemic. 3. Second Reading of Ordinance No. 066, 2021, Making a Supplemental Appropriation for the State Highway 1/Douglas Road Intersection Improvements Project. This Ordinance, unanimously adopted on First Reading on May 4, 2021, enables the City to receive and expend reimbursement funds from Larimer County for constructing intersection improvements associated with the State Highway 1/Douglas Road Intersection Improvements Project and appropriates $437,376 (to be reimbursed by the County under the IGA) in the Capital Projects Fund for the project. These funds will be used for the construction of a traffic signal and related intersection improvements at the State Highway 1 and Douglas Road intersection. Resolution 2021 -051, adopted on May 4, 2021, authorized the Mayor to execute the First Amendme nt to the Intergovernmental Agreement for the State Highway 1/Douglas Road Signal Project dated May 7, 2019 (IGA) with Larimer County. City of Fort Collins Page 5 4. Second Reading of Ordinance No. 067, 2021, Annexing the Property Known as the Gil Boyer Annexation to the City of Fort Collins, Colorado. This Ordinance, unanimously adopted on First Reading on May 4, 2021, annexes a 9,800 square foot residential parcel located in northwest Fort Collins. The Initiating Resolution was adopted on consent, March 16, 2021. The property abuts North Taft Hill Road to the east and is situated 450 feet northwest of the intersection of Laporte Avenue and North Taft Hill Road. The annexation area consists of a single-family home and several accessory buildings. 5. Second Reading of Ordinance No. 068, 2021, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Gil Boyer Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map and Lighting Context Area 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 2015-091. This Ordinance, unanimously adopted on First Reading on May 4, 2021, zones the property included in the Gil Boyer Annexation into the Low Density Mixed-Use Neighborhood (L-M-N) zone district, Neighborhood Sign District, and LC1 Lighting Context Area. 6. Second Reading of Ordinance No. 069, 2021, Amending the Zoning Map of the City of Fort Collins By Changing the Zoning Classification of the Hughes Stadium Annexation Property from the Transition District to Public Open Lands as Required by the Citizen -Initiated Ordinance Passed at the April 6, 2021, Regular Municipal Election. On April 6, 2021, Fort Collins’ voters passed the citizen-initiated ordinance requiring, among other things, that the City rezone the approximately 164.56-acre property that was subject to the Hughes Stadium Annexation from its current Transition District zoning to the Public Open Lands District. This Ordinance, unanimously adopted on First Reading on May 4, 2021, presented for Counci l adoption on Second Reading. 7. Items Relating to Affordable Housing Fee Credit Requests. A. First Reading of Ordinance No. 070 2021, Authorizing a Fee Credit and Appropriating Prior Year Reserves in the General Fund for the Housing Catalyst Oak 140 Affordable Housing Development. B. First Reading of Ordinance No. 071 2021, Authorizing a Fee Credit and Appropriating Prior Year Reserves in the General Fund for the Volunteers of America Cadence Affordable Housing Development. The purpose of this item is to seek Council consideration of requests from two qualifying development projects for fee credits totaling $350,000. At the discretion of Council, City Code authorizes a fee credit of $14,000 per qualifying unit of new affordable housing construction, pr ovided that the proposed credits will not jeopardize the financial interests of the City. Fee credits subsidize the development of affordable housing units serving families that earn up to 30% of AMI (or $22,600 for a family of two). The Council Finance Committee heard this item at their April 16, 2021, meeting and recommend granting these requests. 8. First Reading of Ordinance No. 072, 2021, Amending Section 2 -568 of the Code of the City of Fort Collins Relating to Ethical Rules of Conduct for Quasi-Judicial Commission Members. The purpose of this item is to amend the Ethical Rules of Conduct in Chapter 2 of the City Code to provide clear guidance and direction to Quasi-Judicial Commission members with respect to activities that call for their recusal from matters coming before them in their decision-making capacity. City of Fort Collins Page 6 9. Resolution 2021-056 Finding Substantial Compliance and Initiating Annexation Proceedings for the Northeast Frontage Road Annexation. The purpose of this item is to initiate annexation proceedings for the Northeast Frontage Road Annexation. This is a 100% voluntary annexation. The property contained within the annexation area is approximately 4 acres and is located northeast of the intersection of Interstate -25 and East Prospect Road. The requested zoning for this annexation is General Commercial (C-G). The proposed Resolution makes a finding that the annexation petition substantially complies with the Municipal Annexation Act of 1965, determines that a hearing should be established regarding the annexation, and directs notice be given of the hearing. The hearing will be held at the time of First Reading of the annexation and zoning ordinances, and notice will be published and distributed as required by State law. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreement Regarding Growth Management. 10. Resolution 2021-057 Approving Fort Fund Grant Disbursements - Organizational Support Category. The purpose of this item is to approve Fort Fund grants from the Cultural Development and Programming Account and the Tourism Programming Account for the selected community events in the Organizational Support category, based upon the recommendations of the Cultural Resources Board. 11. Resolution 2021-058 Discontinuing the City's Leadership Committee with Colorado State University. The purpose of this item is to discontinue the City/CSU Leadership Committee. 12. Resolution 2021-059 Reappointing Brandi Lynn Nieto as an Assistant Municipal Judge of the Fort Collins Municipal Court and Authorizing the Execution of an Employment Agreement. The purpose of this item is to reappoint Brandi Lynn Nieto as Assistant Municipal Judge for the Fort Collins Municipal Court. The City Charter provides for the appointment of judges of the Municipal Court for two (2) year terms. This will be Judge Nieto’s second term. Chief Judge Jill A. Hueser recommends that Judge Nieto be reappointed as Assistant Municipal Judge, to serve in the absence of the Chief Judge. 13. Resolution 2021-060 Making Board and Commission Liaison and Council Committee Assignments and Making Appointments to Various External Boards and Authorities. The purpose of this item is to make Councilmember liaison assignments to City boards and commissions and Council committees as well as make appointments to external boards and authorities on behalf of the City. 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 • COUNCILMEMBER REPORTS • CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS City of Fort Collins Page 7 Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (three minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. If attending in person, 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. 14. Resolution 2021-061 Expressing Council’s Intent to Provide Funding to Assist with the Resident Purchase of Hickory Village Mobile Home Park and Directing Development of a Process for Evaluating and Potentially Supporting Similar Future Opportunities. The purpose of this item is to demonstrate financial support towards a potential resident purchase of Hickory Mobile Home Park. This Resolution expresses Council’s intent to commit $200,000 of City Funds to support residents of Hickory Village Mobile Home Park (MHP) with assistance such as down payment assistance or rent stabilization in support of a Hickory Village resident -owned community (ROC). If the ROC successfully secures financing, makes an officer to purchase the park and an agreement addressing the use of the funding by the City is reached, staff will present for consideration at a future meeting a formal appropriation ordinance. On March 3, 2021, the owner of Hickory Village MHP agreed to sell the park to a corporate operator. According to state law, the potential sale triggered a 90-day window for residents to make an offer to purchase the park and become a ROC. With the support of This tle, a non-profit affordable housing organization which provides technical assistance and helps arrange financing for ROC’s in Colorado, the Hickory Village community has formed a co-op and elected a Leadership Board to pursue financing and resident purchase of the MHP. Staff from Neighborhood Services and Planning Departments have been involved in neighborhood engagement alongside Thistle. Even with the high purchase price ($23 million) and short timeline, Hickory Village residents and Thistle staff have expressed a desire for local support for the formation of a ROC. At the work session on April 13, 2021, Council directed staff to prepare this Resolution and consult with the Council Finance Committee for their recommendation, which occurred on April 19, 2021 and aligned with the overall Council feedback for the item. The Resolution also directs the City Manager to develop and provide to Council for discussion at a July work session a process for considering and responding to future opportunities to assist with resident purchases. • 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.) City of Fort Collins Page 8 B. Consideration of a motion to go into executive session to discuss legal issues as follows: “I move that the City Council go into executive session for the purpose of discussing with the City’s attorneys and appropriate management staff: • specific legal questions pertaining to the potential appeal of the City’s litigation regarding the billboard at Interstate 25 and Harmony Road, and the manner in which the particular policies, practices or regulations of the City related to that litigation may be affected by existing or proposed provisions of federal, state or local law, AND • specific legal questions pertaining to potential litigation regarding the City’s contract for a new utility customer information system, and the manner in which the particular policies, practices or regulations of the City related to that litigation or the utility customer information system may be affected by existing or proposed provisions of federal, state or local law, • pursuant to: · City Charter Article Roman Numeral Two, Section 11(2), · City Code Section 2-31(a)(2) and · Colorado Revised Statutes Section 24-6-402(4)(b).” C. Consideration of a motion to adjourn this meeting to 6:00 pm on Tuesday, May 25, 2021: "I move that Council adjourn this meeting to 6:00 p.m. on Tuesday, May 25, to consider any unfinished business on this agenda and other such business as may come before Council." • ADJOURNMENT Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. PROCLAMATION WHEREAS, April to September is the season most commonly associated with snowmelt flooding and thunderstorm flash flooding; and WHEREAS, Fort Collins has experienced the social, economic and environmental consequences of loss of life and damage to property caused by flood disasters; and WHEREAS, emergency preparedness depends on the leadership and efforts of public officials dedicated to public safety and requires the establishment of farsighted and proactive public policy; and WHEREAS, Fort Collins Utilities was awarded a Community Rating System Class 2 designation by the Federal Emergency Management Agency, recognizing the City’s comprehensive Stormwater and Floodplain Management Program; and WHEREAS, Fort Collins citizens have benefited from the past investment in stormwater infrastructure, however it is important to recognize that additional infrastructure is needed to continue to mitigate flooding in areas that are not yet protected. WHEREAS, by being informed and prepared, and taking proper protective action, the residents of Fort Collins can reduce the potential for loss of life and damage to property when threatened by these events; and NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby proclaim the week of May 22-29, 2021, as FLOOD AWARENESS WEEK IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 18th day of May, A.D. 2021. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 9 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY May 18, 2021 City Council STAFF Delynn Coldiron, City Clerk SUBJECT Consideration and Approval of the Minutes of the April 20, 2021 Regular meeting and the April 27, 2021 Special meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes of the April 20, 2021 Regular meeting and the April 27, 2021 Special meeting. ATTACHMENTS 1.April 20, 2021 (PDF) 2.April 27, 2021 (PDF) 1 Packet Pg. 10 City of Fort Collins Page 412 April 20, 2021 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM (Secretary’s Note: Due to the COVID-19 crisis and state and local orders to remain safer at home and not gather, all Councilmembers, staff, and citizens attended the meeting remotely, via teleconference.) • ROLL CALL PRESENT: Pignataro, Gorgol, Potyondy, Gutowsky, Summers, Troxell, Cunniff STAFF: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER Spanish interpretation options were outlined by City Manager Atteberry and the Spanish interpretation team. City Manager Atteberry stated a community report on the American Rescue Plan and Infrastructure from Congressman Neguse has been added to the agenda. Additionally, Item No. 8, Second Reading of Ordinance No. 049, 2021, Repealing and Reenacting Chapter 2, Article III of the Code of the City of Fort Collins Relating to Boards and Commissions, has been pulled from the Consent Agenda to enable Council to consider adding a recital to the ordinance related to remote Board meetings. Item No. 17, First Reading of Ordinance No. 059, 2021, Further Amending the Land Use Code Regarding Exterior Lighting, was amended to correct errors, Item No. 29, Resolution 2021-045 Adopting a Revised Policy for Reviewing Service Plans of Metropolitan Districts, was amended to include exhibits and revisions to the proposed process, Item No. 30, First Reading of Ordinance No. 064, 2021, Appropriating Prior Year Reserves for the Establishment of a Municipal Immigration Legal Defense Fund, has been withdrawn from consideration to allow for additional work, and an item was added under Other Business regarding evaluation of City options for 1041 regulatory powers. Mayor Troxell outlined the public participation options. • COMMUNITY REPORT ON THE AMERICAN RESCUE PLAN AND INFRASTRUCTURE FROM CONGRESSMAN NEGUSE Congressman Joe Neguse commented on the benefits of the American Rescue Plan, aimed at assisting in COVID recovery, for Fort Collins and northern Colorado. He noted the Plan includes about $2.1 billion in local relief and $27 million to Fort Collins. Congressman Neguse also commented on the American Jobs Plan which will help jumpstart the economy, address the nation’s infrastructure needs, make needed changes to energy and transportation systems, and help tackle the climate crisis. He mentioned the specific benefits to Fort Collins of the Wildfire Recovery Act and 21st Century Climate Conservation Corps. Mayor Pro Tem Cunniff thanked Congressman Neguse for his work for Fort Collins and the region. Councilmember Pignataro asked if there is a draft of the American Jobs Plan available for constituents to access and provide feedback. Congressman Neguse replied it is available on his web page. 1.1 Packet Pg. 11 Attachment: April 20, 2021 (10279 : Minutes - 4/20, 4/27) April 20, 2021 City of Fort Collins Page 413 Councilmember Gutowsky commended Congressman Neguse on his communication and availability. • PUBLIC COMMENT Claire Bouchard, Northern Colorado Continuum of Cares Governing Board Co-Chair, referenced a letter from the Board acknowledging and thanking Mayor Troxell for his leadership and vision in supporting people experiencing homelessness, specifically veterans. Eric Sutherland commented on information about the Connexion project being withheld from the public. Phil (no last name given) commented on recent site plan advisory review (SPAR) processes for public projects stating they should be reserved for projects that make improvements on public property. He suggested Council consider pausing SPAR reviews until the process can be reviewed and analyzed. Joshua Stahlings thanked Council for the work that has been put into considering the formation of an immigrant legal defense fund and requested Council consider its establishment as soon as possible. Gary Wockner, Save the Poudre, opposed the Army Corps of Engineers permitting process for the Northern Integrated Supply Project and stated the City’s use of a SPAR process for the project is unusable to regulate damage. He urged Council put a pause on all SPAR applications to allow for the creation of 1041 regulations or some other type of development review process. Rich Stave commented on land ownership within the city and questioned the process used for disposition of assets, specifically land bank parcels. Amy Hoeven expressed support for a legal defense fund for immigrants and encouraged Council to consider its establishment as soon as possible. Melissa (no last name given) urged Council to put a moratorium on all SPAR applications until the process can be evaluated by the incoming Council. Kieran (no last name given) commented on the decrease in the Poudre School District budget and increase in the Police Department budget as well as on discrepancies between teacher and officer salaries. He also commented on the cost of police vehicles. Jolynn Beck requested Council not create a municipal immigration legal defense fund as it poses an equity issue. Paul Gessler, Veterans for Peace, suggested Veteran’s Plaza be renamed Veteran’s Peace Park and commented on the impacts of militarism on society. He also suggested the homeless population be referenced as refugees. • PUBLIC COMMENT FOLLOW-UP Mayor Troxell summarized the citizen comments. 1.1 Packet Pg. 12 Attachment: April 20, 2021 (10279 : Minutes - 4/20, 4/27) April 20, 2021 City of Fort Collins Page 414 Councilmember Potyondy noted the City does not have a direct hand in school funding; however, she commended Kieran on his advocacy for teachers and recommended he reach out to state legislators. Councilmember Gorgol requested staff follow-up on the SPAR process comments. City Attorney Daggett replied there are limits to the City’s power under state law and a statute has been in place for several years related to SPAR process requirements. She commented on the process which calls for the review of the location, character, and extent of public projects. Mayor Pro Tem Cunniff stated he will be bringing up a discussion about 1041 powers and the role those can play in city regulations of land use decisions during Other Business. Councilmember Gorgol asked if the consideration of the immigrant legal defense fund has been rescheduled for a specific date. City Manager Atteberry replied in the negative and noted staff is intending to do some additional work and have discussions with the new Leadership Planning Team then get it scheduled as soon as possible. City Manager Atteberry noted police vehicles cost on average $50,000 per vehicle, not the $200,000 figure mentioned during public participation. Councilmember Pignataro asked about the process associated with land assets and how things even out if the land gains value in the future. Sue Beck-Ferkiss, Social Sustainability, replied land appreciation is used to the benefit of the land bank program and some increased value is used as subsidy for any subsequent affordable housing development. Councilmember Pignataro requested additional information regarding Item No. 20, First Reading of Ordinance No. 063, 2021, Authorizing the Sale of an 11.4-acre Parcel of Vacant Land Located at Meadow Springs Ranch. Teresa Connor, Interim Utilities Executive Director, replied that piece of land is split off by the interstate and has been used by Terry Ranch for bison grazing; therefore, it seemed appropriate to make the land exchange to clarify ownership. Councilmember Pignataro asked about the determination of fair market value for land sales. Connor replied the City’s real estate staff appraises properties. City Attorney Daggett noted Council must approve by ordinance sales or conveyances of pieces of land and there are provisions related to requiring the payment of fair market value unless certain exceptions apply. Councilmember Potyondy thanked the individuals who have spoken regarding the need for the immigrant legal defense fund and she expressed her support for its formation. • CONSENT CALENDAR Mayor Pro Tem Cunniff withdrew Item No. 28, Resolution 2021-044 Making an Appointment to the Planning and Zoning Board, from the Consent Agenda. Mayor Pro Tem Cunniff made a motion, seconded by Councilmember Gutowsky, to adopt and approve all items not withdrawn from the Consent Agenda. 1.1 Packet Pg. 13 Attachment: April 20, 2021 (10279 : Minutes - 4/20, 4/27) April 20, 2021 City of Fort Collins Page 415 RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gorgol, Potyondy, Gutowsky, Summers, Troxell, Cunniff 1. Consideration and Approval of the Minutes of the March 2, 2021 Regular meeting. (Adopted) The purpose of this item is to approve the minutes of the March 2, 2021 Regular Meeting. 2. Second Reading of Ordinance No. 041, 2021, Appropriating Unanticipated Philanthropic Revenue Received by City Give for Transfer to Natural Areas for Restoration of Bobcat Ridge. (Adopted) This item, unanimously adopted on First Reading on March 16, 2021, appropriates $75,000 in philanthropic revenue in the General Fund through City Give for transfer to Natural Areas to support fire recovery and ecological restoration efforts at Bobcat Ridge Natural Area as designated by the donor, the D.R. & V. Pulliam Charitable Trust. 3. Second Reading of Ordinance No. 042, 2021, Authorizing the Issuance of the City of Fort Collins, Colorado Tax-Exempt Economic Development Revenue Bond (The Residence At Oakridge Project), Series 2021A and Taxable Economic Development Rev enue Bond (The Residence At Oakridge Project), Series 2021B to Refund the City of Fort Collins, Colorado Variable Rate Economic Development Revenue Bonds, Series 2001A (The Residence At Oakridge Project); and Authorizing the Execution and Delivery by the C ity of a Financing Agreement, Bonds, and Other Documents in Connection Therewith. (Adopted) This item, unanimously adopted on First Reading on March 16, 2021, authorizes the issuance of its Tax-Exempt Economic Development Revenue Bond (The Residence At Oak ridge Project), Series 2021A and Taxable Economic Development Revenue Bond (The Residence At Oakridge Project), Series 2021B (collectively, the “2021 Bonds”) to refund the 2001A Bonds to take advantage of current low interest rates. In 2001, the City issued its City of Fort Collins, Colorado Variable Rate Economic Development Revenue Bonds, Series 2001A (The Residence at Oakridge Project), in the original aggregate principal amount of $3,555,000 (the “2001A Bonds”). The 2001A Bonds financed a portion of the costs of a 68-bed assisted living facility in the Oakridge Business Park (the “Project”). The proceeds of the 2001A Bonds were loaned by the City to The Residence @ Oakridge, LLC, a Florida limited liability company (the “Borrower”) which owns the Project. The Borrower has requested that the City issue its Tax-Exempt Economic Development Revenue Bond (The Residence At Oakridge Project), Series 2021A and Taxable Economic Development Revenue Bond (The Residence At Oakridge Project), Series 2021B (collectively, the “2021 Bonds”) to refund the 2001A Bonds to take advantage of current low interest rates. The Borrower has solicited proposals from various financial institutions and has determined that First American State Bank (the “Lender”) will provide the lo west interest rate and most favorable terms to the Borrower. This Ordinance will authorize the issuance of an amount not to exceed $2,415,000 of economic development revenue bonds for the Project. Economic development revenue bonds may be issued by the C ity pursuant to the County and Municipality Development Revenue Bond Act (the “Act”), constituting §§ 29 -3-101 through 29-3-123 of the Colorado Revised Statutes (“C.R.S), for private activity purposes, such as the Project. These 2021 Bonds are not a financial obligation of the City and will be repaid solely by payments from the Borrower. The issuance of the 2021 Bonds does not require the use of any of the City’s private activity bond allocation from the State. And, there is no fiscal impact on the City i n connection with the issuance of the 2021 Bonds and the Borrower will pay all of the City’s costs and attorney fees for the refunding either from proceeds of the 2021 Bonds or its own resources. 1.1 Packet Pg. 14 Attachment: April 20, 2021 (10279 : Minutes - 4/20, 4/27) April 20, 2021 City of Fort Collins Page 416 4. Items Relating to Amending City Code Provisions Concerning the City’s Self -Insurance Program and Fund, and Amending Related Code Provisions Concerning the City’s Obligations to Defend and Indemnify its Employees. (Adopted) A. Second Reading of Ordinance No. 043, 2021, Amending Division 3 in Article III of Chapter 8 of the Code of the City of Fort Collins Concerning the City’s Self-Insurance Program and Fund. B. Second Reading of Ordinance No. 044, 2021, Amending Division 6 in Article VII of Chapter 2 of the Code of the City of Fort Collins Concerning the City’s Defense and Indemnity of its Employees in Certain Civil, Criminal and Administrative Matters. These ordinances, unanimously adopted on First Reading on March 16, 2021, update the City Code provisions concerning the City’s use of its Self-Insurance Program and Fund to pay judgments, settlements, attorney fees and other litigation costs related to the various civil claims that can be brought against the City and its employees and, related to this update, amending the City Code provisions addressing the City’s obligations to defend and indemnify its employees regarding such civil claims and, in some circumstances, to reimburse City employees for the attorney fees and costs they may incur in certain criminal matters related to their City employment. The amendments to the City’s defense and indemnity obligations include adding provisions to recognize the defense and indemnity obligations the City has to its police officers under two Colorado statutes, including the recent statute enacted under Senate Bill 20-217 creating a new civil claim against police officers for violating a person’s rights under the Bill of Rights in the Colorado Constitution. Also added is a provision to reimburse City employees in so me circumstances for the attorney fees and costs they may incur in certain administrative matters related to their City employment. 5. Second Reading of Ordinance No. 045, 2021, Amending Section 23-354 of the Code of the City of Fort Collins Regarding Disposition of Land Bank Property. (Adopted) This Ordinance, unanimously adopted on First Reading on March 16, 2021, replaces the right of reverter clause in the Land Bank program with a more flexible requirement that can be tailored to each project. Currently, the right of reverter would allow the City to seize property if the Land Banking Code requirements are not met, but this possibility makes it difficult, if not impossible, for developers of affordable housing to obtain financing for their projects on Land Bank parcels. The proposed amendments to City Code in the Ordinance retain the requirement that the City secure permanent affordability to the greatest extent possible, through a deed restriction, covenant or such others instrument or instruments as the City Manager and City Attorney deem appropriate but do not lock the City into one remedy for non-compliance. 6. Second Reading of Ordinance No. 047, 2021, Appropriating Prior Year Reserves in the Light and Power Fund for Electric Utilities Customer Payment Assistance. (Adopted) This Ordinance, unanimously adopted on First Reading on March 16, 2021, appropriates a “one -time cash distribution” of $468,941 from Platte River Power Authority (PRPA) to be used for utility delinquencies through the Utilities Payment Assistance Program for electric and telecommunication utility customers economically affected by COVID-19 and to address the impact on rates that significant past-due and uncollectible balances may have on all electric and other utility ratepayers. The funds were deposited into the Light & Power Enterprise Fund in December 2020, and may only be used for that utility’s operations, maintenance, repair, replacement, or betterment or for another “specific utility purpose determined by Council to [benefit the utility’s ratepayers]”. 7. Second Reading of Ordinance No. 048, 2021, Making Various Amendments to the City of Fort Collins Land Use Code. (Adopted) This Ordinance, unanimously adopted on First Reading on March 16, 2021, amends the Land Use Code (“LUC”) to: (1) clarify the appeal process to the Planning and Zoning Board for minor 1.1 Packet Pg. 15 Attachment: April 20, 2021 (10279 : Minutes - 4/20, 4/27) April 20, 2021 City of Fort Collins Page 417 amendments, changes of use, and basic development review; and (2) allow one additional kitchen within a dwelling unit. These changes were separated out from the annual upda te in December of 2020 to provide greater public input and refinement of the proposed Code. 8. Second Reading of Ordinance No. 050, 2021, Amending Chapter 22 of the Code of the City of Fort Collins to Add a New Article V. Concerning the Establishment of To urism Improvement Districts. (Adopted) This Ordinance, unanimously adopted on First Reading on March 23, 2021, outlines the requirements to establish a Tourism Improvement District (TID). Visit Fort Collins (VFC) began exploring a TID based on engagement for the Tourism and Destination Master Plan. Due to the COVID-19 pandemic, hoteliers are looking for additional revenue streams. Lodging tax collections are down 47.6% through December 2020. A TID would allow hotels to levy an assessment or fee on all hotels that would allow the TID to undertake activities that would help increase demand for overnight visitation. VFC contemplates a TID that would levy an assessment or fee on hotel businesses rather than the underlying property owner. This necessitates a local ordinance outlining the process for forming a TID, the powers of a TID, and TID governance, amongst others. If adopted by Council, VFC contemplates starting the formation process of a TID beginning in April with Council considering the TID in July. 9. First Reading of Ordinance No. 051, 2021, Authorizing the City Manager to Accept a Grant Award and Comply with the Terms of the Grant, and Appropriating Unanticipated Grant Revenue in the Cultural Services & Facilities Fund from the Colorado Arts Relief Fu nd. (Adopted) The purpose of this item is to appropriate unanticipated grant revenue in the Cultural Services & Facilities Fund for the Lincoln Center operations. This appropriation includes $100,000 of grant revenues awarded on February 7, 2021, provided by the State of Colorado through the Creative Industries Division of the Office of Economic Development to support personnel or business expenses . 10. First Reading of Ordinance No. 052, 2021 Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Land Conservation, Visitor Amenities, Restoration and Other Related Natural Areas Stewardship Activities not Included in the 2021 Adopted City Budget. (Adopted) The purpose of this item is to appropriate $5,000,000 in prior year reserves and unanticipated revenues in the Natural Areas Fund. These appropriations are for land conservation, visitor amenities and restoration of wildlife habitat, as well as other Natural Area Department stewardship activities to benefit the residents of Fort Collins. 11. First Reading of Ordinance No. 053, 2021, Appropriating Prior Year Reserves in the General Fund for Cultural Development and Programming Activities and Tourism Programming. (Adopted) The purpose of this item is to appropriate $252,818, of which $199,364 is proposed for 2021 Cultural Development and Programming Activities (Fort Fund) and $53,454 is proposed for 2021 Tourism Programming (Fort Fund) from a combination of Lodging Tax and Prior Year Reserves (unspent appropriations) in the General Fund Lodging Tax Reserves. Lodging taxes are annually collected by the City for cultural development and tourism programming activities. Anticipated revenue is projected through each Budgeting for Outcomes (BFO) cycle and then adjusted annually as needed based on final actual collections. Due to the 2020 pandemic, lodging tax revenues collected came in $595,613 below projected 2020 collections. 1.1 Packet Pg. 16 Attachment: April 20, 2021 (10279 : Minutes - 4/20, 4/27) April 20, 2021 City of Fort Collins Page 418 12. First Reading of Ordinance No. 055, 2021, Authorizing Transfer of Funds from the Nature in the City Program and the Parks Department Operating Budget to the Spring Canyon Park Ponds Project. (Adopted) The purpose of this item is to transfer $75,000 in funds that were previously appropriated in the 2021 Budget from the Nature in the City Program in the Capital Projects Fund and $20,000 in funds that were previously appropriated in the 2021 Budget from the Parks Department operating budget in the General Fund into the Capital Projects Fund for the Spring Canyon Park Urban Ponds Project. The proposed transfers of funds will pay for the design and construction of a bioswale and natural habitat system within the existing Spring Canyon Park that will improve wildlife habitat, reduce bacterial contamination of Spring Creek, provide an enhanced natural habitat within Spring Canyon Park and serve as an educational opportunity for the public to learn about natural treatment systems and the importance of minimizing waste input into natural streams. The total project cost is $95,000. 13. First Reading of Ordinance No. 056, 2021, Authorizing the City Manager to Accept a Grant Award and Agree to the Terms of the Grant and Making Supplemental Appropriations for the Can Do Colorado E-Bike Program. (Adopted) The purpose of this item is to request Council approval to appropriate funds to be later reimbursed by awarded grant funds and to authorize FC Moves to accept an awarded grant from the Can Do Colorado E-Bike Program and comply with the terms of that grant. 14. First Reading of Ordinance No. 057, 2021, Making Supplemental Appropriations of Anticipated Revenue and Prior Year Reserves for the Epic Homes Program. (Adopted) The purpose of this item is to appropriate $69,000 in grant funds from Bloomberg Philanthropies as part of the Bloomberg Mayor’s Challenge award, and $8,024 in interest earned on previous Bloomberg Mayor’s Challenge grant funds, from the Fort Collins Utilities Light and Power Fund to be expended for the ongoing project management and operations of Epic Homes Program by Utility Services and to pay a sub-grant to Colorado State University for indoor environmental quality research. The Bloomberg Philanthropies funds come from (1) the 2021 grant installment of $69,000 and (2) $8,024 in interest earned on advanced Bloomberg Philanthropies funds from th e Bloomberg Mayor’s Challenge, as of December 31, 2020. Based on terms of the Bloomberg grant agreement, all advanced grant funds are subject to accruing interest, with such interest earned being reported on a semi-annual basis, and with such earnings used to further project goals as demonstrated in the agreement between Bloomberg and the City. 15. First Reading of Ordinance No. 058, 2021, Appropriating Prior Year Reserves and Unanticipated Revenue from Philanthropic Donations Received by City Give for Various City Programs and Services as Designated by the Donors. (Adopted) The purpose of this item is to request appropriation of $42,264 in philanthropic revenue received through the City Give program. These miscellaneous gifts to various City departments sup port a variety of programs and services and are aligned with both the City’s strategic priorities and the respective donors’ designation. 16. First Reading of Ordinance No. 059, 2021, Further Amending the Land Use Code Regarding Exterior Lighting. (Adopted) The purpose of this item is to adopt the Lighting Context Area Map that is part of the Exterior Lighting Code unanimously adopted by Council by Ordinance No. 040, 2021, on March 16, 2021, and to insert effective dates in two places in the Exterior Lighting Code. The map is an integral component of the Exterior Lighting Code but was inadvertently excluded in Council materials during its adoption. 1.1 Packet Pg. 17 Attachment: April 20, 2021 (10279 : Minutes - 4/20, 4/27) April 20, 2021 City of Fort Collins Page 419 17. First Reading of Ordinance No. 060, 2021, Amending Ordinance No. 116, 2020, to Extend th e Suspension of Certain Provisions of the City's Land Use Code to Permit Temporary Use of Certain Non-Residential Buildings for Child Care Centers in Response to the COVID -19 Pandemic. (Adopted) The purpose of this item is to extend the end date described in Ordinance No. 116, 2020, which temporarily suspended certain provisions of the Land Use Code (LUC) to permit the temporary use of certain non-residential buildings for child care operations . The temporary suspension is set to end on May 28, 2021. This item would change the end date to August 31, 2021, to allow flexibility for remote summer school and other summer child care needs. 18. Public Hearing and First Reading of Ordinance No. 062, 2021, Approving the Addition of Permitted Uses Associated with the East Park District Maintenance Facility Major Amendment MJA200003. (Adopted) This item is a quasi-judicial matter. If this item is considered on the consent agenda, a public hearing will be deemed to have been open and closed, with the only evidence co nsidered being that set forth in this AIS and the attachments hereto, including the staff report. If this item 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 consider the Addition of Permitted Uses (APU) for a development plan located in the Urban Estate Zone District. • The development plan is for a City of Fort Collins Parks Department maintenance facility comprising a building with office and shop space, an outdoor storage yard, parking, fencing, landscaping, and improvements to adjacent recreation trails. The applicant is the City of Fort Collins Parks Department. • The Urban Estate Zone does not list the proposed office/shop and outdoor storage uses as Permitted Uses, and so the development plan is required to include a request for Addition of Permitted Uses pursuant to Land Use Code (LUC) Section 1.3.4. • This APU involves a proposed use permitted in one or more of the City’s other zone districts and is proposed based solely on unique circumstances and attributes of the site and site development plan, which may be permitted under LUC Section 1.3.4(B). Pursuant to Ordinance No. 079, 2020, Council authorized the remote hearing of this item in Resolution 2020-093 and the applicant has consented to having this item heard remotely. 19. First Reading of Ordinance No. 063, 2021, Authorizing the Sale of an 11.4-acre Parcel of Vacant Land Located at Meadow Springs Ranch. (Adopted) The purpose of this item is to sell 11.4 acres of vacant City-owned land to Daniel R. Thiel, who has offered to purchase it. The fair market value and negotiated purchase price is $13,680, and the deed contains a restriction prohibiting any advertising signs from being placed on the property. The sale is contingent on approval by Council. The close of escrow is expected to be May 18, 2021. Meadow Springs Ranch is operated by the City’s Utilities department, and it has no current or identified future use for this parcel. They concur that it is in the best interest of the City to eliminate potential maintenance and liability issues that may arise with respect to the property by selling it to Mr. Thiel. 20. Items Relating to Post-Fire Watershed Restoration Treatments and Operational Costs. (Adopted) A. Second Reading of Ordinance No. 046, 2021, Making Supplemental Appropriations, Appropriating Prior Year Reserves, and Authorizing Transfer of Existing Appropriations for Post-Fire Watershed Restoration Treatments and Operational Costs Associated with Treating Fire -Impacted Water Supplies. 1.1 Packet Pg. 18 Attachment: April 20, 2021 (10279 : Minutes - 4/20, 4/27) April 20, 2021 City of Fort Collins Page 420 B. Resolution 2021-037 Authorizing the City Manager to Sign an Intergovernmental Agreement with City of Greeley and Larimer County to Facilitate Cost-Sharing Processes for Post-Fire Watershed Recovery Activities. This Ordinance, unanimously adopted on First Reading on March 16, 2021, appropriates funds for the unanticipated needs of post-fire watershed restoration treatments and operational costs associated with treating water supplies impacted by the 2020 Cameron Peak wildfire. A change is being made to this Ordinance on Second Reading to clarify that the PILOT proceeds being transferred to the City’s General Fund are not being appropriated for spending on post fire watershed treatments. Those proceeds will reside in the General Fund until a future municipal purpose is identified. The Resolution authorizes an intergovernmental agreement (IGA) with the City of Greeley and Larimer County to facilitate the cost-sharing processes for post-fire watershed recovery activities. Details of this IGA were provided in the first reading Agenda Item Summary for the appropriation ordinance. 21. Resolution 2021-038 Authorizing Certain Quasi-Judicial Land Use Hearings to be Conducted Remotely Pursuant to Ordinance No. 079, 2020, Including the Guardian Self Storage Project Development Plan Appeal, NE Prospect & I-25 Frontage Road Annexation and Zoning, NE Prospect & I-25 Rezone, Fort Collins-Loveland Water District Expansion and Addition of Permitted Use, and Timberline-International Addition of Permitted Use. (Adopted) The purpose of this item is to consider five exceptions to Ordinance No. 079, 2020, adopted by Council on June 16, 2020, to allow one appeal, one initial zoning, one rezoning and two additions of permitted use items to proceed to public hearings using remote technology. Ordinance No. 079, 2020, authorizes Council and boards and commissions such as the Planning & Zoning Board (P&Z) to hear quasi-judicial items, but specifically excludes from that authorization decisions related to zoning/rezoning, appeals, and the addition of permitted uses. Ordinance No. 079, 2020, does, however, allow Council, by motion adopted by at least five Councilmembers, to authorize exceptions to such exclusion. To authorize remote hearings for the listed items, Council must find that such hearings are pressing and require prompt action and that virtual technology will pro vide for sufficient public participation and input. Ordinance No. 079, 2020, required that to be heard remotely, “a quorum of the Planning and Zoning Board or Council are present in the hearing room for the respective Quasi-Judicial Hearing Items, and the public may participate in person. Staff requests that Council forego the in-person requirement in authorizing these zoning/rezoning, appeal, and addition of permitted use matters to be heard due to the ongoing COVID-19 pandemic. At this time, Council and all boards and commissions have successfully held fully remote meetings, and the technological concerns that lead to the requirement in Ordinance No. 079, 2020, have been mitigated. Appeal: 1. Guardian Self Storage Project Development Plan Appeal (appeal of Planning & Zoning Board’s decision to Council, scheduled for June 1) Initial Zoning: 2. NE Prospect & I-25 Frontage Road Annexation and Initial Zoning (initiating resolution scheduled for May 4, P&Z recommendation scheduled for May 20, Council first rea ding scheduled for June 15) Rezoning: 3. NE Prospect & I-25 Rezone (P&Z recommendation scheduled for May 20, Council first reading scheduled for June 15) 1.1 Packet Pg. 19 Attachment: April 20, 2021 (10279 : Minutes - 4/20, 4/27) April 20, 2021 City of Fort Collins Page 421 Addition of Permitted Use (APU): 4. Fort Collins-Loveland Water District Expansion and Addition of Permitted Use (in review and awaiting P&Z recommendation and Council final determination) 5. Timberline-International Addition of Permitted Use (in review and awaiting P&Z review) and any appeal to City Council of the P&Z decision. 22. Resolution 2021-039 Approving Fort Fund Grant Disbursements. (Adopted) The purpose of this item is to approve Fort Fund grants from the Cultural Development and Programming Account and the Tourism Programming Account for the selected community events in the Project Support category, based upon the recommendations of the Cultural Resources Board. 23. Resolution 2021-040 Authorizing Execution of an Intergovernmental Agreement with the Colorado Department of Transportation for the FASTER Transit Program Grant for Fiscal Year 2021 to Fund Transfort's Flex Service. (Adopted) The purpose of this item is to authorize Transfort to enter into an Intergovernmental Agreement with the Colorado Department of Transportation (CDOT). This agreement will result in the receipt of $200,000 in grant funds through the Statewide Competitive Pool of the FASTER (Funding Advancement for Surface Transportation and Economic Recovery Act of 2009) Transit program for fiscal year (FY) 2021. City Transfort will be required to match the $200,000 in grant funds with a $200,000 local match. Both the grant and local match were appropriated through the 2021 BFO cycle and are accounted for in the approved 2021 Transfort budget. 24. Resolution 2021-041 Supporting the Grant Application by Fort Collins Utilities for the United States Department of the Interior, Bureau of Reclamation’s WaterSMART Grants: Small -Scale Water Efficiency Projects for Fiscal Year 2021 and Authorizing the City Manag er to Execute Agreements Regarding Such a Grant. (Adopted) The purpose of this item is to request Council support to pursue a United States Bureau of Reclamation (“Reclamation”) WaterSMART Grant: Small-Scale Water Efficiency Projects for Fiscal Year 2021 (“WaterSMART Grant”). If awarded, Fort Collins Utilities, through its Water Conservation Division (“Water Conservation”), would use the funds to support commercial-scale waterwise transformations in partnership with homeowners’ associations (“HOAs”) and co mmercial customers. Reclamation requires a resolution of Council support be submitted as part of the grant application package. The Resolution demonstrates that the applicant has support from its board to carry out the grant agreement, if awarded. 25. Resolution 2021-042 Making an Appointment to the Housing Catalyst Board of Directors. (Adopted) The purpose of this item is to appoint one individual to fill a vacancy on the Housing Catalyst Board of Directors that exists due to the term expiration of a previous member. 26. Resolution 2021-043 Ratifying the Appointment of Hongyan Xiang to the Poudre River Public Library District Board of Trustees. (Adopted) The purpose of this item is to recommend ratification of the appointment of Hongyan Xiang to the Poudre River Library District Board of Trustees. On January 6, 2021, Mr. Jeremy Rose submitted a letter of resignation, effective immediately. Mr. Rose’s term was set to expire on February 28, 2021. The Library Selection Committee determined that Hongyan Xiang, who submitted an application in January 2021, should be appointed to fill the vacancy on the Board of Trustees. 1.1 Packet Pg. 20 Attachment: April 20, 2021 (10279 : Minutes - 4/20, 4/27) April 20, 2021 City of Fort Collins Page 422 • CONSENT CALENDAR FOLLOW-UP Mayor Pro Tem Cunniff expressed support for Item No. 20, First Reading of Ordinance No. 063, 2021, Authorizing the Sale of an 11.4-acre Parcel of Vacant Land Located at Meadow Springs Ranch; however, he encouraged the incoming Council to look at Meadow Springs Ranch as a potential natural areas acquisition given its habitat value. • COUNCILMEMBER REPORTS Councilmember Summers commented on the conviction of Derek Chauvin and asked if the Community Impact Committee will be providing a report on local police practices. He also commented on today being the anniversary of the Columbine shooting and on the increased number of mass shootings throughout the country. Councilmember Gorgol noted the Community Impact Committee has its last meeting next week and will be finalizing its report and suggestions thereafter. Mayor Troxell reported on participating in a conversation about municipal government at Fossil Ridge High School. He also reported on the recent Northern Colorado Regional Airport meeting and on his participation in the Living Her Legacy recognition of impactful women in the community. He discussed the Code for America project. • CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 27. Second Reading of Ordinance No. 049, 2021, Repealing and Reenacting Chapter 2, Article III of the Code of the City of Fort Collins Relating to Boards and Commissions. (Adopted) This Ordinance, unanimously adopted on First Reading on March 16, 2021, updates Chapter 2, Article III of the City Code based on the Council priority to Reimagine Boards and Commissions. These Code changes are intended to reduce barriers to participation, increase consistency and clarity, and avoid redundancy. City Manager Atteberry stated it was recently discovered that the new Code language which prohibits remote quasi-judicial hearings might be read to supersede the provisions in place with the emergency ordinance that allows remote hearings. He stated pulling this item will allow for the addition of language to address that issue. Rich Stave stated joint board meetings create an intentional bias toward a specific program or idea. He also questioned whether individuals residing in the growth management area should be allowed to serve on a Board or Commission as they do not pay City property tax. Mayor Troxell noted Boards and Commissions are advisory to Council. Mayor Pro Tem Cunniff noted the growth management area tends to be a static area whereas City limits are frequently fluctuating with annexations. Additionally, most City revenues come from sales taxes which do not contemplate residency; therefore, residents of the growth management area should be able to serve on Boards and Commissions. City Attorney Daggett noted the growth management area provision is not new to the Code. Mayor Pro Tem Cunniff made a motion, seconded by Councilmember Summers, to adopt Ordinance No. 049, 2021, on Second Reading as amended. 1.1 Packet Pg. 21 Attachment: April 20, 2021 (10279 : Minutes - 4/20, 4/27) April 20, 2021 City of Fort Collins Page 423 RESULT: ORDINANCE NO. 049, 2021 ADOPTED AS AMENDED ON SECOND READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Ken Summers, District 3 AYES: Pignataro, Gorgol, Potyondy, Gutowsky, Summers, Troxell, Cunniff 28. Resolution 2021-044 Making an Appointment to the Planning and Zoning Board. (Postponed to Date Uncertain) The purpose of this item is to appoint one individual to fill a vacancy on the Planning and Zoning Board that exists due to the resignation of a previous member. Mayor Pro Tem Cunniff explained the confusion around this appointment. Mayor Pro Tem Cunniff made a motion, seconded by Councilmember Gutowsky, to postpone consideration of this item until the new Council’s Leadership Team can establish a timeline that will ensure a good and fair process for this appointment. Kathryn Dubiel supported Mayor Pro Tem Cunniff’s solution and expressed appreciation for his leadership around this contentious issue. She stated it is clear the appointment process needs to be reformed to be trusted by the public. Jerry Gavaldon stated this item has come as a surprise and commended City Clerk’s Office staff for their assistance in gathering information for him. He commented on the role of Planning and Zoning Board members and stated he has been recognized for his fairness and focus on process in the past. Barbara Denney expressed support for postponing consideration of this item based on late notification of changes. Sara (no last name given) expressed support for postponing consideration of this item and asked about the process for keeping candidates updated on new developments with the appointment process. RESULT: POSTPONED TO DATE UNCERTAIN [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gorgol, Potyondy, Gutowsky, Summers, Troxell, Cunniff • DISCUSSION ITEMS 29. Resolution 2021-045 Adopting a Revised Policy for Reviewing Service Plans of Metropolitan Districts. (Adopted) The purpose of this item is to revise the City’s current policy for reviewing service plans for metropolitan districts adopted by Council in Resolution 2019-016 on February 5, 2019 (2019 Policy). More specifically, to revise the 2019 Policy to require a pre-application meeting with Council as an early step in the approval process, emphasize disclosure and transparency requirements, and add an evaluation points system for the public benefits to be provided by metropolitan districts (Metro Districts) proposed to serve primarily residential development. 1.1 Packet Pg. 22 Attachment: April 20, 2021 (10279 : Minutes - 4/20, 4/27) April 20, 2021 City of Fort Collins Page 424 Paul Sizemore, Interim Community Development and Neighborhood Services Director, stated this item is a proposed update to the residential metro district policy that would create a balanced and workable approach to ensure transparency for buyers in a metro district and to demonstrate the public benefits provided by a metro district rise to the level of being extraordinary while also offsetting the cost burden to residents. Ryan Mounce, City Planner, detailed the proposed changes to the approval process, including requiring a new pre-application meeting with Council prior to a formal submittal and looking at a review cycle to evaluate the efficiency of proposed evaluation systems. He also detailed proposals for ensuring transparency for buyers. Mounce stated the largest proposed change is the new evaluation system which would help define expectations and outcomes on how a residential metro district can demonstrate and provide extraordinary public benefits. He stated the system includes three main categories on which a metro district would be evaluated: housing, neighborhood livability, and energy and water conservation, and he provided additional details on the proposed system. He also discussed the public outreach process. Eric Sutherland stated the City is ignoring statutes that require a one for one correspondence of a service plan for a metro district. He stated the City Attorney’s Office has provided advice to Council that is averse to the interest of current and future citizens. Bill Swalling thanked the City staff and Council for its guidance and assistance on metro district planning for the Saunders development. He commented on the alignment of the development with the City’s strategic goals. Gene (no last name given) commented on an existing metro district meeting many of the proposed criteria. He commended the collaborative process and ultimate recommendation of staff. Melissa (no last name given) encouraged Council to be cautious with this vote and stated developers should continue to pay their own way moving forward. Rich Stave commented on the state statute regarding specific areas wherein a metro district can be used to supply services and stated this does not seem to align with those criteria in all areas. He also questioned how metro districts can solve the housing affordability issue. Susan McFaddin read a letter of support from the Energy Board for the proposed metro district policy. Jerry Gavaldon commented on teaching a class on HOAs and metro districts for the Board of Realtors. He discussed the importance of transparency and full disclosure for buyers. He supported the staff proposal but recommended increasing the affordable and attainable housing requirement for metro districts. Kevin (no last name given) discussed issues with metro districts in the Denver metro area and encouraged Council to disallow them. Mayor Pro Tem Cunniff asked what changed with the update between now and when it went before Boards and Commissions in February. Mounce replied the main changes were primarily within the energy conservation section in terms of the required point totals and adding more prescriptive 1.1 Packet Pg. 23 Attachment: April 20, 2021 (10279 : Minutes - 4/20, 4/27) April 20, 2021 City of Fort Collins Page 425 options for meeting that requirement. John Phelan, Energy Services Manager, replied staff determined the point system did not match well to the practical pathways that exist for meeting and going above Code requirements. The new model includes four different pathways. Mayor Pro Tem Cunniff asked about the feedback received from the Energy Board regarding the changes. Phelan replied the Board ultimately supported the changes with certain conditions that staff was able to include. Mayor Troxell stated it is important that metro districts are an option and asked if there are appropriate mechanisms in place to encourage affordable housing. Mounce replied there was initially a consideration for an affordable housing requirement; however, that has been altered slightly and he provided additional details. Mayor Troxell noted buyers must sign a metro district disclosure when purchasing a home in a metro district and stated most of the issues in the Denver metro area do not apply to Fort Collins due to its regulations. He discussed the possible inclusion of a review or curing period. Councilmember Gutowsky asked if there is a provision for a minimum number of affordable homes to be built in a metro district. Mounce replied there is no specific affordability requirement; however, it is provided as one of the options to achieve the points in the overall housing category and that item requires 10% affordable units at 60% AMI. Councilmember Gutowsky asked if that percentage could be increased. Mounce replied 10% is the overall goal for the percentage of affordable units in the city. Additionally, there are considerations in metro districts such as additional affordable housing units raising costs for market-rate units. Councilmember Gutowsky requested additional information on why making metro district requirements too stringent would potentially drive off small developers. Mounce replied increasing the costs and complexity of development through metro districts or other requirements, there is a potential that only larger developers with additional resources would be able to take advantage of the tool. Councilmember Gutowsky expressed concern about the lack of transparency between realtors and builders and homebuyers. She asked if there could be a sign-off process early in the purchase process. Mounce replied that concern has come up and there is currently notification earlier in the process. Councilmember Gorgol agreed notification should occur well before closing and suggested some type of acknowledgement could be signed when an offer is being written. John Duval, Dep uty City Attorney, replied the current draft of the service plan contemplates giving notice when a contract is signed, not at closing. He stated that requirement could be worked into the public service agreement. Councilmember Gorgol stated it could be a good idea to work that into the public service agreement and noted some work should be done with realtors to ensure they are complying. She asked if the affordable housing is permanently deed restricted or deed restricted for 20 years. Mounce replied it is currently set at 20 years; however, he noted there is a vision in the Housing Strategic Plan to examine some of those timeframes in the future. 1.1 Packet Pg. 24 Attachment: April 20, 2021 (10279 : Minutes - 4/20, 4/27) April 20, 2021 City of Fort Collins Page 426 Councilmember Pignataro commented on her goal of making the metro district policy more predictable and she stated this is a big step toward that. She asked how much current metro districts played into the point system and options. Mounce replied staff did a review of recently approved metro districts to see how they would align with the proposed evaluation system. Some met the system requirements and others were close. Councilmember Pignataro asked when the clock starts for the proposed two-year review cycle. Mounce replied staff was considering the Code update cycle and some of those will be coming forward in the next year; therefore, the two-year cycle for metro districts would allow for the evaluation system to be adapted after those Codes are updated. Councilmember Pignataro asked if Council must approve a metro district solely if it meets the point system requirements. Mounce replied meeting the evaluation system requirements does not guarantee a final approval; final approval for any metro district service plan is at the sole discretion of Council. He stated the evaluation system helps to provide predictability and guidance on what a metro district should be providing. Councilmember Summers noted any homebuyer should be aware of the real estate tax liability they are incurring when they make an offer. He stated the two-year review cadence is more than adequate and any policy made should be good enough to last at least two years. Councilmember Potyondy stated homebuyers should be fully aware of what commitments they are making; however, documentation can be complicated and if the expectation is that homebuyers are going to be informed consumers, there may need to be additional steps in place beyond providing documentation, particularly when there is going to be variation over time in the cost of the home. Councilmember Summers stated that information should be summarized on the real estate listing website and should not only be included in legal documents. Councilmember Gutowsky stated listing websites could be deceiving, particularly in the case of metro districts. She requested clarification regarding when taxes start to increase in metro districts. Mounce replied there is a ramp up period in some metro districts wherein taxes can increase until build-out occurs. Mayor Pro Tem Cunniff made a motion, seconded by Councilmember Pignataro, to adopt Resolution 2021-045, as amended to match the version included in Council’s read-before packet. Mayor Pro Tem Cunniff stated his preference would be to not have residential metro districts; however, it seems that is not the direction preferred by the majority of Council. He stated he would support the Resolution with the proposed changes, in particular the pre-application meeting during which Council could outline specific desires. Regarding the review cycle, he stated the item could be included in a 2022 budget offer. He stated the proposed policy offers a significant improvement over the current policy. Councilmember Potyondy stated she would support the motion and noted Council needs to weigh each future metro district to ensure it is providing extraordinary public benefits. Councilmember Gorgol stated she still has concerns with metro districts; however, the pre- application meeting is helpful as is the two-year review period. She noted the Transportation 1.1 Packet Pg. 25 Attachment: April 20, 2021 (10279 : Minutes - 4/20, 4/27) April 20, 2021 City of Fort Collins Page 427 Board had some concerns about transportation and transit not being weighted heavier. She discussed the importance of metro district communities being built for homeowners and not developers. Councilmember Gutowsky stated it is critical for Council to have the final say on whether metro districts move forward. Mayor Troxell noted developers develop for customers and too many restrictions could result in the product not existing. He commented on the importance of being respectful of all aspects that make Fort Collins a great place. RESULT: RESOLUTION 2021-045 ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Julie Pignataro, District 2 AYES: Pignataro, Gorgol, Potyondy, Gutowsky, Summers, Troxell, Cunniff 30. First Reading of Ordinance No. 064, 2021, Appropriating Prior Year Reserves for the Establishment of a Municipal Immigration Legal Defense Fund. (Withdrawn) The purpose of this item is to respond to a request from some members of Council for an off -cycle general fund appropriation to create a Municipal Immigration Legal Fund pilot program. If approved, this appropriation would create a pilot grant program to provide access to immigration legal services for Fort Collins residents seeking citizenship or lawful presence. Grant funds will be awarded to legal service providers based on a competitive process and will be dedicated to program administration, education, and outreach; providing defense for people at risk of deportation; children seeking Special Immigrant Juvenile Status; and for community members seeking pathways to citizenship and lawful presence also known as Affirmative Cases. The Council Finance Committee will review this appropriation request at its April 19, 2021 meeting. RESULT: WITHDRAWN • OTHER BUSINESS Mayor Pro Tem Cunniff requested and received Council support to direct the City Manager and City Attorney to evaluate possibilities related to 1041 related regulations that would be applicable generally to projects on City-owned land, specifically on current and/or future Poudre River and NISP projects, including further evaluation of the possibility of pausing processes related to those areas until such time as those regulations are developed. Consideration of a Motion to call a Special Meeting at 6:00 p.m. on Tuesday, April 27: Mayor Pro Tem Cunniff made a motion, seconded by Councilmember Pignataro, pursuant to Section 2-29(a) of the City Code, that the Council call a special meeting of the Council to take place on Tuesday, April 27, 2021, at 6:00 p.m. to consider the following: • Organization of new City Council, including swearing in of new Councilmembers and selection of Mayor Pro Tem; • Resolutions of Appreciation for outgoing Councilmembers; and • A resolution making an Interim Appointment to the Board of Directors of Platte River Power Authority. 1.1 Packet Pg. 26 Attachment: April 20, 2021 (10279 : Minutes - 4/20, 4/27) April 20, 2021 City of Fort Collins Page 428 Phil Friedman stated it is fitting to give thanks to existing, outgoing, and incoming Councilmembers. He commended Council and staff. Kevin (no last name given) thanked Council for its diligent work. He stated Council is a full-time job. RESULT: MOTION ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Julie Pignataro, District 2 AYES: Pignataro, Gorgol, Potyondy, Gutowsky, Summers, Troxell, Cunniff • ADJOURNMENT The meeting adjourned at 9:23 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.1 Packet Pg. 27 Attachment: April 20, 2021 (10279 : Minutes - 4/20, 4/27) City of Fort Collins Page 429 April 27, 2021 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Special Meeting – 6:00 PM (Secretary’s Note: Due to the COVID-19 crisis and state and local orders to remain safer at home and not gather, this meeting was conducted using a hybrid approach allowing in-person participation with strict protocols and a variety of remote participation options.) • ROLL CALL PRESENT: Pignataro, Gorgol, Troxell, Summers, Potyondy, Cunniff, Gutowsky STAFF: Atteberry, Daggett, Coldiron • AGENDA REVIEW City Manager Atteberry stated the resolution of appreciation for Mayor Troxell was amended to include some additional information and there will be no Other Business item as this is a Special Meeting. Mayor Troxell outlined the public participation options. • OUTGOING COUNCILMEMBER COMMENTS Mayor Pro Tem Cunniff expressed his gratitude to the Mayors and Councilmembers with whom he served and stated he is especially proud of maintaining and extending the City’s commitment to climate action, protecting Fort Collins natural areas from encroachment and continuing to purchase more natural areas, building the Timberline Recycling Center, and supporting neighborhoods, among other items. He congratulated the incoming Councilmembers. Councilmember Summers commented on his wife’s family history in Fort Collins and on the importance of making the community open and accessible to all. He congratulated the incoming Councilmembers and encouraged them to remember Fort Collins has a long and significant history. Councilmember Potyondy stated she was honored to have been appointed to serve her constituents for the past few months and stated this is not the end of her public service. Mayor Troxell commented on his last 14 years of service as Mayor and Councilmember. He thanked the current Council for being collaborative and commended the work of Council’s direct reports during his tenure. He commented on his history in Fort Collins and thanked his family for their support. He congratulated the new Councilmembers. • OATHS OF OFFICE - Newly Elected Mayor and Councilmembers District 1 Councilmember Gutowsky, District 3 Councilmember Canonico, District 4 Councilmember Peel, District 5 Councilmember Ohlson and Mayor Arndt took their oaths of office at this time. • NEWLY ELECTED COUNCILMEMBERS WILL BE SEATED Mayor Arndt commended outgoing Mayor Troxell and discussed the importance of civility and inclusion in public service. 1.2 Packet Pg. 28 Attachment: April 27, 2021 (10279 : Minutes - 4/20, 4/27) City of Fort Collins Page 430 • Discussion Items 1. Council Consideration of a Motion to Elect a Mayor Pro Tem. (Adopted) The purpose of this item is for Council to consider a motion to elect a Mayor Pro Tem. Mayor Arndt discussed the duties of the Mayor Pro Tem and recommended a process for election thereof. Elizabeth Meyer expressed support for appointing Councilmember Gorgol as Mayor Pro Tem. Amber Lane commented on the City’s goal to lead with race and equity and suggested the creation of a tribal nation liaison. Rory Heath suggested the Mayor Pro Tem should have a strong history of service either on Council or as an educator. Philip Friedman stated the Mayor Pro Tem should be outgoing, accessible, and experienced on Council. Michele Haefele stated the Mayor Pro Tem role plays a large part in ensuring the will of the people is faithfully executed and it is crucial that Council select a person who will take on the role with a broad view. Mayor Arndt asked if any Councilmembers were interested in the role. Councilmember Gorgol expressed her interest. Councilmember Pignataro made a motion, seconded by Councilmember Canonico, to nominate Councilmember Gorgol as Mayor Pro Tem. Councilmember Pignataro thanked those who spoke and expressed her support of Councilmember Gorgol for the position stating she has shown a great deal of leadership in her role. Councilmember Gorgol thanked Councilmembers Pignataro and Canonico for the nomination and thanked the citizens who spoke. She noted the idea of a tribal liaison was recommende d by the Community Impact Committee. Councilmember Gutowsky recognized Councilmember Ohlson for his years of experience on Council and as Mayor. She also commended former Mayor Pro Tem Cunniff on his work in the role and stated she will expect the new Mayor Pro Tem to live up to the standards he set. RESULT: MOTION ADOPTED [UNANIMOUS] MOVER: Julie Pignataro, District 2 SECONDER: Tricia Canonico, District 3 AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky 1.2 Packet Pg. 29 Attachment: April 27, 2021 (10279 : Minutes - 4/20, 4/27) City of Fort Collins Page 431 2. Items Related to Expressing Gratitude and Appreciation to Outgoing Mayor and Councilmembers for Their Contributions to the Community as City Mayor and Councilmembers. (Adopted) A. Resolution 2021-046 of the Council of the City of Fort Collins Expressing Gratitude and Appreciation to Melanie Potyondy for Her Contributions to the Community as City Councilmember. B. Resolution 2021-047 of the Council of the City of Fort Collins Expressing Gratitude and Appreciation to Ken Summers for His Contributions to the Community as City Councilmember. C. Resolution 2021-048 of the Council of the City of Fort Collins Expressing Gratitude and Appreciation to Ross Cunniff for His Contributions to the Community as City Councilmember and Mayor Pro Tem. D. Resolution 2021-049 of the Council of the City of Fort Collins Expressing Gratitude and Appreciation to Wade Troxell for His Contributions to the Community as City Councilmember and Mayor. The purpose of these items is to express gratitude and appreciation to outgoing Mayor and Councilmembers for their contributions to the community as Mayor and Councilmembers. Mayor Arndt read the Resolution expressing gratitude and appreciation to Melanie Potyondy for her contributions to the community as a City Councilmember. Melissa Rosas thanked Melanie Potyondy for her service. Kristin Stephens commended Melanie Potyondy on her service. Lisa Poppaw commended Melanie Potyondy on her service. Ross Cunniff commended Melanie Potyondy on her service. Rory Heath thanked Melanie Potyondy for her service. Tamara Meurer commended Melanie Potyondy on her service. Mayor Pro Tem Gorgol commended Melanie Potyondy on her service. Councilmember Peel stated she was proud to be a candidate in the same race with Melanie Potyondy and she commended her race. Mayor Arndt commented on her experience with Dr. Potyondy in working to change a law related to educator stipends. Councilmember Canonico commended Dr. Potyondy on her campaign and service. RESULT: RESOLUTION 2021-046 ADOPTED [UNANIMOUS] MOVER: Emily Gorgol, District 6 SECONDER: Julie Pignataro, District 2 AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky 1.2 Packet Pg. 30 Attachment: April 27, 2021 (10279 : Minutes - 4/20, 4/27) City of Fort Collins Page 432 Ross Cunniff thanked Ken Summers for his service and ability to always speak his mind. Adam Eggleston thanked Ken Summers for his service and commitment to affordable and attainable housing. Kristin Stephens thanked Ken Summers for his service and commitment to youth mental health issues. Rory Heath thanked Ken Summers for his service and requested his grace moving forward. Mayor Arndt thanked Ken Summers for his communication over the years. Councilmember Gutowsky commended Ken Summers on his service and stated it has been a pleasure working with him. Mayor Pro Tem Gorgol commended Ken Summers on his service. Councilmember Peel thanked Ken Summers for meeting with her during her campaign. Councilmember Canonico thanked Ken Summers for his service to their district. RESULT: RESOLUTION 2021-047 ADOPTED [UNANIMOUS] MOVER: Emily Gorgol, District 6 SECONDER: Julie Pignataro, District 2 AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky Mayor Arndt read the Resolution expressing gratitude and appreciation to Ross Cunniff for his contributions to the community as a City Councilmember and Mayor Pro Tem. Adam Eggleston thanked Ross Cunniff for his service and attention to detail. David Roy congratulated the newly elected Councilmembers and commended Ross Cunniff on his intelligence and integrity. Kathryn Dubiel stated Housing Catalyst was chosen by community members to provide financial support in Ross Cunniff’s name to Mason Place and Redtail Ponds. She commended Mr. Cunniff on his service. Ken Summers commended Ross Cunniff on his commitment to the community and the environment. Philip Friedman thanked all the outgoing Councilmembers for their service and commended Ross Cunniff on his work for the community. Gina Janett commended Ross Cunniff on his leadership, responsiveness, and progressive thinking. She encouraged Council to continue his work in protecting the Poudre River. Michele Haefele commended Ross Cunniff on his service. Lisa Poppaw commended Ross Cunniff on his dedication to the community. 1.2 Packet Pg. 31 Attachment: April 27, 2021 (10279 : Minutes - 4/20, 4/27) City of Fort Collins Page 433 Rory Heath commended Ross Cunniff on his dedication and service. Kristin Stephens commended Ross Cunniff on his commitment to the community and environment. Talon Nightwalker thanked Ross Cunniff for being accessible and for his service. Mary Alice Grant thanked Ross Cunniff for his leadership and service. Jerry Gavaldon congratulated the new members of Council and commended Ross Cunni ff on his service and unbiased collaborative efforts. Sara Rossitor thanked Ross Cunniff for his service and responsiveness. Melissa Rosas read a statement from Jordan Williams commending Ross Cunniff on his service. She thanked Ross Cunniff for his service and dedication to his constituents and the city. Tamara Meurer welcomed the new members of Council and commended Ross Cunniff on his commitment, integrity, and transparency. Elena Lopez thanked Ross Cunniff for his service and leadership. Kevin Caffrey congratulated the new members of Council and commended Ross Cunniff on his service. Councilmember Gutowsky commended Ross Cunniff on his commitment to action and on his service. Mayor Pro Tem Gorgol thanked Ross Cunniff for his service. Councilmember Ohlson commended Ross Cunniff on being an effective, progressive Councilmember and on being a strong and effective voice for open and good government, neighborhood livability, and fiscal responsibility. RESULT: RESOLUTION 2021-048 ADOPTED [UNANIMOUS] MOVER: Emily Gorgol, District 6 SECONDER: Julie Pignataro, District 2 AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky Mayor Arndt read the Resolution expressing gratitude and appreciation to Wade Troxell for his contributions to the community as a City Councilmember and Mayor. Ken Summers commended Wade Troxell’s legacy of service to Fort Collins. Adam Eggleston commended Wade Troxell on his service and leadership. Ross Cunniff commended Wade Troxell on his service. Philip Friedman commended Wade Troxell on his openness and willingness to listen to all perspectives. He commended Mr. Troxell on his service and leadership during particularly difficult times. 1.2 Packet Pg. 32 Attachment: April 27, 2021 (10279 : Minutes - 4/20, 4/27) City of Fort Collins Page 434 Melanie Potyondy thanked all outgoing members of Council and commended them on their service. Dylan Lindsay thanked Wade Troxell for his dedication to the community’s youth. Kristin Stephens thanked Wade Troxell for his graciousness and patience and commended him on his service. Lisa Poppaw commended Wade Troxell on his service to the community. Rory Heath stated he is glad Wade Troxell’s term has ended. Tom Ellers commended Wade Troxell on his service. Jerry Gavaldon commended Wade Troxell on his leadership and service. Martha Zook thanked Ross Cunniff for his service and dedication and thanked Wade Troxell for his service. Mayor Pro Tem Gorgol thanked Wade Troxell for his service and dedication to Fort Collins. Councilmember Gutowsky thanked Wade Troxell for his service. Councilmember Peel thanked Wade Troxell for his encouragement. Councilmember Ohlson commended Wade Troxell on his service. Mayor Arndt commented on the statewide admiration of Wade Troxell and commended him on his kindness and service. RESULT: RESOLUTION 2021-049 ADOPTED [UNANIMOUS] MOVER: Emily Gorgol, District 6 SECONDER: Julie Pignataro, District 2 AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky 3. Resolution 2021-050 Making an Interim Appointment to the Platte River Power Authority Board. (Adopted as Amended) The purpose of this item is for Council to consider making an interim appointment to the Platte River Power Authority Board until such time as the newly -elected Council makes its new board, committee and liaison appointments. Alan Braslau reminded Council the organic contract of the Platte River Power Authority gives two seats on the Board to each of the four partnering entities, one is by statute held by the Mayor and the other is intended to represent Council as a whole. He requested Council name a competent citizen to fill this position and recommended Susan McFaddin. Katie Hoffner commended the new members of Council and stated PRPA’s role cannot be understated in how this community and sister communities are going to help address climate change. She opposed Council not considering appointing a citizen to this interim position and recommended Susan MctFaddin. Nick Mitchell supported appointing Susan McFaddin to this position and suggested it should not be an interim appointment as it is an at-will position. 1.2 Packet Pg. 33 Attachment: April 27, 2021 (10279 : Minutes - 4/20, 4/27) City of Fort Collins Page 435 Philip Friedman supported appointing Susan McFaddin or another equally qualified citizen to this position. Linda Stanley supported appointing Susan McFaddin to this position. Councilmember Pignataro requested information from staff why this particular appointment is necessary. City Manager Atteberry replied there is a PRPA meeting this Thursday and the urgency behind this appointment is to ensure there are two Fort Collins representatives present at that meeting. He noted the representation from each of the four member cities has historically been the Mayor and Utilities Executive Director; however, that changed for Fort Collins when Council supported Mayor Pro Tem Horak taking the position over Utilities Executive Director Brian Janonis. Councilmember Pignataro supported appointing Ross Cunniff for this interim position and stated Council should meet prior to determining a process change that would involve appointing a citizen. Mayor Pro Tem Gorgol supported appointing Ross Cunniff for the interim position. City Attorney Daggett confirmed the organic contract for Platte River Power Authority specifies that each of the four member cities designates two members of the Board of Directors with the first being either the Mayor or the Mayor’s designee, and the second being appointed by Council and selected for judgement, experience, and expertise which make that person particularly qualified to serve on the Board of Directors. Councilmember Peel asked about the reason for the current Resolution appointing City Manager Atteberry for the position. City Manager Atteberry replied Mayor Arndt automatically fills the position vacated by Mayor Troxell and his name was selected as the second representative as he has previously served on the Board and the City is currently in the process of beginning recruitment for a new Utilities Director who would likely ultimately fill the position. Councilmember Pignataro asked if any Councilmember would automatically qualify. City Attorney Daggett replied it is a matter of judgement for Council who would qualify under the definition of the organic contract. Mayor Arndt noted this will be short interim appointment and suggested not breaking with historical protocol prior to this Council having the ability to further discuss the topic. Councilmember Peel made a motion to adopt Resolution 2021-050 as written. The motion failed for lack of a second. Mayor Pro Tem Gorgol made a motion, seconded by Councilmember Canonico, to adopt Resolution 2021-050 replacing City Manager Darin Atteberry’s name with Ross Cunniff. Councilmember Pignataro supported the motion stating it will help with continuity. 1.2 Packet Pg. 34 Attachment: April 27, 2021 (10279 : Minutes - 4/20, 4/27) City of Fort Collins Page 436 RESULT: RESOLUTION 2021-050 ADOPTED AS AMENDED [UNANIMOUS] MOVER: Emily Gorgol, District 6 SECONDER: Tricia Canonico, District 3 AYES: Pignataro, Gorgol, Arndt, Canonico, Peel, Ohlson, Gutowsky, Stephens • ADJOURNMENT The meeting adjourned at 8:56 p.m. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.2 Packet Pg. 35 Attachment: April 27, 2021 (10279 : Minutes - 4/20, 4/27) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY May 18, 2021 City Council STAFF Aaron Harris, Interim Recreation Director Ingrid Decker, Legal SUBJECT Second Reading of Ordinance No. 065, 2021, Authorizing the City Manager to Accept a Grant Award and Comply with the Terms of the Grant, and Appropriating Unanticipated Grant Revenue in the Recreation Fund to Support Childcare Needs Due to the COVID-19 Pandemic. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 4, 2021, accepts and appropriates a $32,800 Child Care Relief Grant awarded by the State of Colorado into the Recreation Department’s 2021 budget. The grant funds will help offset the Recreation Department’s financial impacts resulting from the COVID -19 pandemic. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 4, 2021 (w/o attachments) (PDF) 2. Ordinance No. 065, 2021 (PDF) 2 Packet Pg. 36 Agenda Item Item # Page 1 AGENDA ITEM SUMMARY May 4, 2021 City Council STAFF Aaron Harris, Interim Recreation Director Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 065, 2021, Authorizing the City Manager to Accept a Grant Award and Comply with the Terms of the Grant, and Appropriating Unanticipated Grant Revenue in the Recreation Fund to Support Childcare Needs Due to the COVID-19 Pandemic. EXECUTIVE SUMMARY The purpose of this item is to accept and appropriate a $3 2,800 Child Care Relief Grant awarded by the State of Colorado into the Recreation Department’s 2021 budget. The grant funds will help offset the Recreation Department’s financial impacts resulting from the COVID-19 pandemic. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Due to the ongoing pandemic, the need for childcare has increased in our community. Staff has sought out grants and other sources of funding to meet community need. These grants and funding sources are needed to offset additional unbudgeted expenses associated with the COVID -19 pandemic, including but not limited to: •Increased operating costs associated with: o Additional cleaning and sanitation; o Health monitoring; o Supplying personal protective equipment for childcare workers; and o Salaries and other compensations for staff who provide childcare, especially as necessary to support COVID-19 restrictions and recommendations. •Reduced revenue resulting from lower staff-to-child ratios, reduced enrollment, or temporary closures due to local public health guidance; •Covering salaries and other compensations for staff who provide childcare, including costs necessary to retain the workforce; •Providing scholarships to reduced fee participants; and •Marketing programs to community. The Child Care Relief Grant Program does not require the City to sign a post -award agreement, but the grant requirements described in the grant application include submitting quarterly responses to data requests and maintaining documentation to demonstrate how the funds were used for three years after receiving funds. CITY FINANCIAL IMPACTS City resources would increase by $32,800 in the Recreation Fund. No matching funds are required for this grant. ATTACHMENT 1 2.1 Packet Pg. 37 Attachment: First Reading Agenda Item Summary, May 4, 2021 (w/o attachments) (10274 : SR 065 Recreation Choldcare Grant) -1- ORDINANCE NO. 065, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD AND COMPLY WITH THE TERMS OF THE GRANT, AND APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE RECREATION FUND TO SUPPORT CHILDCARE NEEDS DUE TO THE COVID-19 PANDEMIC WHEREAS, the COVID-19 pandemic has increased the need for childcare in the Fort Collins community and the costs to childcare facilities of providing such care; and WHEREAS, the City’s Recreation Department operates licensed childcare programs and has sought out grants and other sources of funding to help meet community needs; and WHEREAS, in January 2021, the Colorado Department of Human Services Office of Early Childhood announced the creation of two grant programs to support childcare providers across the state; and WHEREAS the Recreation Department applied for funds from the Child Care Relief Grant Program and was awarded $32,800 to offset additional unbudgeted expenses associated with childcare during the COVID-19 pandemic, including cleaning, health monitoring and equipment costs; reduced revenue; salaries and compensation; scholarships for reduced-fee participants; and marketing of programs to the community (the “Grant”); and WHEREAS, the City is authorized to enter into intergovernmental agreements, such as grant agreements, to provide any function, service or facility, under Article II, Section 16 of the City Charter and Section 29-1-203 of the Colorado Revised Statutes; and WHEREAS, City Code Section 1-22 requires intergovernmental agreements or cooperative activities between the City and other governmental entities to be submitted to the City Council for review and approval by ordinance or resolution; and WHEREAS, the Grant does not require execution of a post-award agreement, but the Grant application did require the City to acknowledge that grantees must submit quarterly responses to Child Care Relief Grant data requests and maintain documentation to demonstrate how the funds were used for three years after receiving funds; and WHEREAS, City staff recommends that the City Council authorize the City Manager, or the City Manager’s, designee to accept the Grant award and comply with the terms of the Grant as describe herein; and WHEREAS, appropriation of the Grant benefits public health, safety and welfare of the residents of Fort Collins and serves the public purpose of supporting affordable childcare programs; 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 2.2 Packet Pg. 38 Attachment: Ordinance No. 065, 2021 (10274 : SR 065 Recreation Choldcare Grant) -2- 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 Recreation Fund and will not cause the total amount appropriated in the Recreation Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from unanticipated grant revenue in the Recreation Fund the sum of THIRTY-TWO THOUSAND EIGHT HUNDRED DOLLARS ($32,800) for expenditure in the Recreation Fund to support childcare needs due to the COVID- 19 pandemic. Section 3. That the City Manager or his designee is authorized to execute any grant agreement or other forms reasonably required by the State to receive the Grant funds. Introduced, considered favorably on first reading, and ordered published this 4th day of May, A.D. 2021, and to be presented for final passage on the 18th day of May, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of May, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 39 Attachment: Ordinance No. 065, 2021 (10274 : SR 065 Recreation Choldcare Grant) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY May 18, 2021 City Council STAFF Mark Laken, Civil Engineer II Dan Woodward, Civil Engineer I Brad Buckman, Manager, Civil Engineering Judy Schmidt, Legal SUBJECT Second Reading of Ordinance No. 066, 2021, Making a Supplemental Appropriation for the State Highway 1/Douglas Road Intersection Improvements Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 4, 2021, enables the City to receive and expend reimbursement funds from Larimer County for constructing intersection improvements associated with the State Highway 1/Douglas Road Intersection Improvements Project and appropriates $437,376 (to be reimbursed by the County under the IGA) in the Capital Projects Fund for the proj ect. These funds will be used for the construction of a traffic signal and related intersection improvements at the State Highway 1 and Douglas Road intersection. Resolution 2021-051, adopted on May 4, 2021, authorized the Mayor to execute the First Amendment to the Intergovernmental Agreement for the State Highway 1/Douglas Road Signal Project dated May 7, 2019 (IGA) with Larimer County. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 4, 2021 (w/o attachments) (PDF) 2. Ordinance No. 066, 2021 (PDF) 3 Packet Pg. 40 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY May 4, 2021 City Council STAFF Mark Laken, Civil Engineer II Dan Woodward, Civil Engineer I Brad Buckman, Manager, Civil Engineering Judy Schmidt, Legal SUBJECT Items Relating to the State Highway 1 / Douglas Road Intersection Improvement Project. EXECUTIVE SUMMARY A.Resolution 2021–051 Authorizing Execution of the First Amendment to the Intergovernmental Agreement Between the City of Fort Collins and Larimer County for the State Highway 1/Douglas Road Signal Project. B.First Reading of Ordinance No. 066, 2021, Making a Supplemental Appropriation for the State Highway 1/Douglas Road Intersection Improvements Project. The purpose of this item is to enable the City to receive and expend reimbursement funds from Larimer County for constructing intersection improvements associated with the State Highway 1/Douglas Road Intersection Improvements Project. This item will authorize the Mayor to execute the First Amendment to the Intergovernmental Agreement for the State Highway 1/Douglas Road Signal Project dated May 7, 2019 (IGA) with Larimer County. This item will also appropriate $437,376 (to be reimbursed by the County under the IGA) in the Capital Projects Fund for the project. These funds will be used for the construction of a traffic signal and related intersection improvements at the State Highway 1 and Douglas Road intersection. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION Larimer County considers the State Highway (SH) 1 and Douglas Road intersection the top ranked intersection in need of signalization improvements. As this intersection falls within the City’s Growth Management Area (GMA), the City has a vested interest in improving this intersection as well. The intersection has high vehicular volumes and speeds on SH 1 as compared to cross traffic on Douglas Road. Analysis performed by CDOT indicates a high potential to enhance safety at the intersection by adding the signal. In 2019, Larimer County applied for and received a Federal Highway Safety Improvement (HSIP) Grant in the amount of $550,000 to design and install traffic signals at the intersection. Shortly thereafter, the City entered into the IGA to define project roles, responsibilities, and funding/reimbursements. Larimer County agreed to design the improvements and perform grant management while the City agreed to oversee the construction and provide long term maintenance of the signal (as it does with other signals under an agreement with the Colorado Department of Transportation – “CDOT”). As HSIP funds are grant funds, all funds expended on the project will be subject to applicable CDOT and Federal guidelines. Larimer County has spent $112,624 of the HSIP funds to design the SH1/Douglas Road intersection improvements and to purchase the signal poles required for construction. This agreement will reallocate the ATTACHMENT 1 3.1 Packet Pg. 41 Attachment: First Reading Agenda Item Summary, May 4, 2021 (w/o attachments) (10273 : SR 066 SH1-Douglas) Agenda Item 14 Item # 14 Page 2 remaining $437,376 to the project’s construction phase as well as make these funds to be reimbursed by the County available for expenditure by the City for all work associated with the construction phase of the project. Independent of this project, the City previously received federal grant funds to design and construct intersection improvements at the Drake Road and Hampshire Road intersection. Due to the similar nature of work required for both projects, CDOT, Larimer County, and the City have agreed that both projects can be delivered more efficiently as a single construction project compared with two independent, smaller construction projects. Staff also anticipates more competitive pricing delivering both intersection improvements under a single contract. This method of contracting is intended to permit completion of the project for the remaining available funds or $437,376. As HSIP funds are ineligible for use toward public art, the project does not include a contribution to the Art in Public Places Program. CITY FINANCIAL IMPACTS The following is a summary of the project funding: Funds to be Appropriated with this Action Larimer County Reimbursement Funds $437,376 Total Current Project Budget $437,376 PUBLIC OUTREACH Staff did not participate in public outreach during the design phase of the project as this was managed by County staff. Staff and County staff will collaboratively develop a comprehensive communication plan for the construction phase to reach residents, property owners, business owners, and other stakeholders. County staff will serve as the lead for public outreach during construction. ATTACHMENTS 1. Vicinity Map (PDF) 3.1 Packet Pg. 42 Attachment: First Reading Agenda Item Summary, May 4, 2021 (w/o attachments) (10273 : SR 066 SH1-Douglas) -1- ORDINANCE NO. 066, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE STATE HIGHWAY 1 / DOUGLAS ROAD INTERSECTION IMPROVEMENTS PROJECT WHEREAS, the Colorado Department of Transportation ("CDOT") awarded Larimer County a Federal Highway Safety Improvement Program (HSIP) grant in the amount of a total project cost up to $550,000 for the State Highway 1 / Douglas Road Signalization Project (the "Project"); and WHEREAS, the City and County entered into an original Intergovernmental Agreement on May 7, 2019 (the “IGA”) in which the County would design and coordinate the Project and the City would construct the Project, and be reimbursed by the County from Federal and State grant funds (collectively the “Grant Funds”); and WHEREAS, the City of Fort Collins and Larimer County are entering into a First Amendment to the IGA (“First Amendment to the IGA”) to allocate the remaining Grant Funds awarded to the County in the amount of $437,376 to fund the City’s construction of the signal and related improvements as set forth therein; and WHEREAS, the purpose of this Ordinance is to appropriate the remaining Grant Funds to be paid by the County to the City in reimbursement for construction of the signal and related improvements as set forth in the First Amendment to the IGA; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of funding the City’s construction of the signalization and related improvements that are included in the Project; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, 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 Capital Projects Fund and will not cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues to be received in that Fund during any fiscal year; and WHEREAS, the project funds being appropriated here are ineligible for public art purposes, as Section 23-304 of the City Code otherwise requires, due to grant restriction on the use of the funds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 3.2 Packet Pg. 43 Attachment: Ordinance No. 066, 2021 (10273 : SR 066 SH1-Douglas) -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 Capital Projects Fund the sum of FOUR HUNDRED THIRTY-SEVEN THOUSAND THREE HUNDRED SEVENTY-SIX DOLLARS ($437,376) for expenditure from the Capital Projects Fund for the State Highway One and Douglas Road Intersection Improvements Project. Introduced, considered favorably on first reading, and ordered published this 4th day of May, A.D. 2021, and to be presented for final passage on the 18th day of May, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of May, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.2 Packet Pg. 44 Attachment: Ordinance No. 066, 2021 (10273 : SR 066 SH1-Douglas) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY May 18, 2021 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 067, 2021, Annexing the Property Known as the Gil Boyer Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 4, 2021, annexes a 9,800 square foot residential parcel located in northwest Fort Collins. The Initiating Resolution was adopted on consent, March 16, 2021. The property abuts North Taft Hill Road to the east and is situated 450 feet northwest of the intersection of Laporte Avenue and North Taft Hill Road. The annexation area consists of a single -family home and several accessory buildings. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance of Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 4, 2021 (w/o attachments) (PDF) 2. Ordinance No. 067, 2021 (PDF) 4 Packet Pg. 45 Agenda Item Item # Page 1 AGENDA ITEM SUMMARY May 4, 2021 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Items Relating to the Gil Boyer Annexation. EXECUTIVE SUMMARY A.Resolution 2021-052 Setting Forth Findings of Fact and Determinations Regarding the Gil Boyer Annexation. B.Public Hearing and First Reading of Ordinance No. 067, 2021, Annexing the Property Known as the Gil Boyer Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex a 9,800 square foot residential parcel located in northwest Fort Collins. The Initiating Resolution was adopted on consent, March 16, 2021. The property abuts North Taft Hill Road to the east and is situated 450 feet northwest of the intersection of Laporte Avenue and North Taft Hill Road. The annexation area consists of a single-family home and several accessory buildings. This annexation request is in conformance with the State of Colorado Revised Statutes as they rela te to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreement Regarding Growth Management. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading and the Resolution. BACKGROUND / DISCUSSION This is an annexation of a single parcel located at 241 North Taft Hill Road in northwest Fort Collins. According to policies and agreements contained in the Larimer County and City of Fort Collins Intergovernmenta l Agreement (IGA) regarding Growth Management dated June 24, 2008, as amended (IGA), the City of Fort Collins agrees to consider annexation of property in the GMA when the property becomes eligible for annexation under the Colorado Revised Statutes. The Gil Boyer Annexation gains the required contiguity to existing City limits from three common boundaries with the Sanctuary on the Green Annexation (2018) and satisfies the requirement that no less than one -sixth of the perimeter boundary be contiguous to the existing City of Fort Collins municipal boundary. The proposed annexation is not part of an enclave nor does it create an enclave. BOARD / COMMISSION RECOMMENDATION At its April 1, 2021, regular meeting, the Planning and Zoning Board voted 7-0 to recommend approval of the annexation. This unanimous action was taken as part of the Board’s Consent Calendar. ATTACHMENT 1 4.1 Packet Pg. 46 Attachment: First Reading Agenda Item Summary, May 4, 2021 (w/o attachments) (10275 : SR 067 Gil Boyer Annexation) Agenda Item Item # Page 2 PUBLIC OUTREACH The City of Fort Collins Land Use Code and the Colorado Revised Statutes do not stipulate that a neighborhood meeting be held in conjunction with a voluntary annexation. Therefore, a neighborhood meeting was not held. No public comment has been received to date. ATTACHMENTS 1. Vicinity and Zoning Map (PDF) 2. Annexation Petition (PDF) 3. Annexation Map (PDF) 4. Ownership Report (PDF) 4.1 Packet Pg. 47 Attachment: First Reading Agenda Item Summary, May 4, 2021 (w/o attachments) (10275 : SR 067 Gil Boyer Annexation) -1- ORDINANCE NO. 067, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE GIL BOYER ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, on March 16, 2021, City Council adopted Resolution 2021-035, finding substantial compliance and initiating annexation proceedings for the Gil Boyer Annexation, as defined therein and described below; and WHEREAS, Resolution 2021-052 setting forth findings of fact and determinations regarding the Gil Boyer 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 Gil Boyer Annexation as described below (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 2021- 035 and Resolution 2021-52 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 portion of the southeast quarter of the northeast quarter of Section 9, Township 7 North, Range 69 West of the 6th Principal Meridian, County of Claimer, State of Colorado, being described as follows: Basis of bearings: The east line of the northeast quarter of Section 9, Township 7 North, Range 69 West of the 6th Principal Meridian, assumed to bear N00°37'22"E. Commencing at the east quarter corner of Section 9, Township 7 North, Range 69 West of the 6th P.M., Thence along the east line of the northeast quarter of said Section 9, N00°37'22"E a distance of 520.78 feet; Thence departing said section line, N89°11'08"W a distance of 40.00 feet, to a point on the easterly right of way of North Taft Hill Road, said point being the Point of Beginning; Thence N89°11'08"W a distance of 140.00 feet to the east line of Sanctuary on the Green Annexation; Thence N00°37'22"E, along the east line of said Sanctuary on the Green Annexation, a distance of 70.00 feet; 4.2 Packet Pg. 48 Attachment: Ordinance No. 067, 2021 (10275 : SR 067 Gil Boyer Annexation) -2- Thence S89°11'08"E, along the south line of said Sanctuary on the Green Annexation, a distance of 140.00 feet to the aforesaid easterly right of way line; Thence S00°37'22"E a distance of 70.00 feet along said easterly right of way line to the Point of Beginning; Containing a calculated area of 0.225 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 Gil Boyer Annexation, which annexation shall become effective upon completion of the conditions contained in Colorado Revised Statutes (“C.R.S.”) Section 31-12-113, 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 C.R.S. Section 37-45-136(3.6), 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 May, A.D. 2021, and to be presented for final passage on the 18th day of May, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 18th day of May, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk 4.2 Packet Pg. 49 Attachment: Ordinance No. 067, 2021 (10275 : SR 067 Gil Boyer Annexation) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY May 18, 2021 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 068, 2021, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Gil Boyer Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map and Lighting Context Area 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 2015-091. This Ordinance, unanimously adopted on First Reading on May 4, 2021, zones the property included in the Gil Boyer Annexation into the Low Density Mixed-Use Neighborhood (L-M-N) zone district, Neighborhood Sign District, and LC1 Lighting Context Area. STAFF RECOMMENDATION Staff recommends adopting of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 4, 2021 (w/o attachments) (PDF) 2. Ordinance No. 068, 2021 (PDF) 5 Packet Pg. 50 Agenda Item Item # Page 1 AGENDA ITEM SUMMARY May 4, 2021 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Public Hearing and First Reading of Ordinance No. 068, 2021, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Gil Boyer Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map and Lighting Context Area 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 2015-091. The purpose of this item is to zone the property included in the Gil Boyer Annexation into the Low Density Mixed - Use Neighborhood (L-M-N) zone district, Neighborhood Sign District, and LC1 Lighting Context Area. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The applicant, Gary Van Doren, on behalf of the owner, Gil Boyer, has submitted a written petition requesting annexation of the 9,800 square foot parcel located approximately 450 feet northwest of the Grandview Cemetery. The requested zoning is Low Density Mixed-Use Neighborhood (L-M-N). The property is currently zoned RR -2 Rural Residential, in the County which allows for rural residential, agricultural, and civic uses. The pa rcel is developed and contains a single-family detached home, car-port, and two outbuildings. The requested zoning complies with the City's Structure Plan Map, Northwest Subarea Plan Framework Map, both elements of the City' Comprehensive Plan (City Plan). The surrounding zoning and land uses are as follows: DIRECTION ZONE DISTRICT LAND USE NORTH Low Density Mixed-Use Neighborhood (L-M-N) Undeveloped (development proposal, Sanctuary on the Green) SOUTH RR2 - Rural Residential Single- Family Residential EAST Low Density Mixed-Use Neighborhood (L-M-N) Undeveloped WEST Low Density Mixed-Use Neighborhood (L-M-N) Undeveloped (development proposal, Sanctuary on the Green) The requested zoning for this annexation is the Low Density Mixed-Use Neighborhood (L-M-N) zone district. The Land Use Code describes this zone district as follows: ATTACHMENT 1 5.1 Packet Pg. 51 Attachment: First Reading Agenda Item Summary, May 4, 2021 (w/o attachments) (10276 : SR 068 Gil Boyer Zoning) Agenda Item Item # Page 2 “Purpose. The Low Density Mixed-Use Neighborhood District is intended to be a setting for a predominance of low density housing combined with complementary and supporting land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. The main purpose of the District is to meet a wide range of needs of everyday living in neighborhoods that include a variety of housing choices, that invite walking to gathering places, services and conveniences, and that are fully integrated into the larger community by the pattern of streets, blocks, and other linkages. A neighborhood center provides a focal point, and attractive walking and biking paths invite residents to enjoy the center as well as the small neighborhood parks. Any new development in this District shall be arranged to form pa rt of an individual neighborhood. Typically, Low Density Neighborhoods will be clustered around and integral with a Medium Density Mixed -Use Neighborhood with a Neighborhood Commercial Center at its core. For the purposes of this Division, a neighborhood shall be considered to consist of approximately eighty (80) to one hundred sixty (160) acres, with its edges typically consisting of major streets, drainageways, irrigation ditches, railroad tracks and other major physical features.” Northwest Subarea Plan (2006) The subject parcel is contained within the Northwest Subarea Plan which is an element of City Plan. This Plan was adopted in 2006 and covers 2,680-acres of land in northwest Fort Collins. The creation of the sub-area plan was a joint effort between the City of Fort Collins and Larimer County and is an element of the Larimer County Land Use Plan and City of Fort Collins City Plan. The plan provides the following relevant guidance: • The Recommended Locations for RL and LMN Zone Districts in the Low Density Mixed Use Residential Area map on p.17 designates this lot as Low Density Mixed-Use Neighborhood. • The Plan recommends that most of the annexed area within the Subarea Plan will be appropriate for LMN zoning. • Low Density Mixed-Use Neighborhood (LMN) district, which allows housing up to eight (8) units per acre, including single family homes and townhomes with no minimum lot size and also some commercial development. • Framework Plan map identifies this parcel as Low Density Mixed-Use Neighborhood. (p. 12) City Plan (2019) The annexation area is designated as Suburban Neighborhood by the Structure Plan Map. Suburban Neighborhood is described as: • A place type with the principal land-use of single-family detached homes with supporting land uses such as parks, recreation facilities, schools, places of worship, and ADUs where permitted by underlying zoning. • Densities between two and five units per acre. • Amenities and infrastructure encourage walking and biking, but transit service is typically more limited. BOARD / COMMISSION RECOMMENDATION At its April 1, 2021, regular meeting, the Planning and Zoning Board voted 7 -0 to recommend approval of the proposed Low Density Mixed-Use Neighborhood (L-M-N) zoning and placement into the Residential Neighborhood Sign District. This unanimous action was taken as part of the Board’s consent agenda; therefore, no minutes of the meeting are provided. Regarding placement of this parcel into the LC1 Lighting Context Area, City Council adopted the Lighting Context Area map at their April 20, 2021, regular meeting, therefore the Planning and Zoning Board could not provide a recommendation regarding this. PUBLIC OUTREACH The City of Fort Collins Land Use Code and the Colorado Revised Statute s do not stipulate that a neighborhood meeting be held in conjunction with a voluntary annexation. Therefore, a neighborhood meeting was not held. No public comment has been received to date. 5.1 Packet Pg. 52 Attachment: First Reading Agenda Item Summary, May 4, 2021 (w/o attachments) (10276 : SR 068 Gil Boyer Zoning) Agenda Item Item # Page 3 ATTACHMENTS 1. Vicinity and Current Zoning Map (PDF) 2. NW Subarea Framework Plan (PDF) 3. Structure Plan Map (PDF) 5.1 Packet Pg. 53 Attachment: First Reading Agenda Item Summary, May 4, 2021 (w/o attachments) (10276 : SR 068 Gil Boyer Zoning) -1- ORDINANCE NO. 068, 2021 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 GIL BOYER ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO, AND APPROVING CORRESPONDING CHANGES TO THE RESIDENTIAL NEIGHBORHOOD SIGN DISTRICT MAP AND THE LIGHTING CONTEXT AREA MAP WHEREAS, on May 18, 2021, the City Council adopted on second reading Ordinance No. 067, 2021, annexing to the City of Fort Collins the property known as the Gil Boyer Annexation (the “Property”); and 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 April 1, 2021 unanimously recommended zoning the Property as Low Density Mixed-Use Neighborhood (L-M-N), as more particularly described below 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 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 Low Density Mixed-Use Neighborhood (“L-M-N”) Zone District the Property more particularly described as: 5.2 Packet Pg. 54 Attachment: Ordinance No. 068, 2021 (10276 : SR 068 Gil Boyer Zoning) -2- A portion of the southeast quarter of the northeast quarter of Section 9, Township 7 North, Range 69 West of the 6th Principal Meridian, County of Claimer, State of Colorado, being described as follows: Basis of bearings: The east line of the northeast quarter of Section 9, Township 7 North, Range 69 West of the 6th Principal Meridian, assumed to bear N00°37'22"E. Commencing at the east quarter corner of Section 9, Township 7 North, Range 69 West of the 6th P.M., Thence along the east line of the northeast quarter of said Section 9, N00°37'22"E a distance of 520.78 feet; Thence departing said section line, N89°11'08"W a distance of 40.00 feet, to a point on the easterly right of way of North Taft Hill Road, said point being the Point of Beginning; Thence N89°11'08"W a distance of 140.00 feet to the east line of Sanctuary on the Green Annexation; Thence N00°37'22"E, along the east line of said Sanctuary on the Green Annexation, a distance of 70.00 feet; Thence S89°11'08"E, along the south line of said Sanctuary on the Green Annexation, a distance of 140.00 feet to the aforesaid easterly right of way line; Thence S00°37'22"E a distance of 70.00 feet along said easterly right of way line to the Point of Beginning; Containing a calculated area of 0.225 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 Lighting Context Area Map adopted pursuant to Section 3.2.4(H) 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 LC1 Lighting Context Area. Section 5. 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 May, A.D. 2021, and to be presented for final passage on the 18th day of May, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk 5.2 Packet Pg. 55 Attachment: Ordinance No. 068, 2021 (10276 : SR 068 Gil Boyer Zoning) -3- Passed and adopted on final reading on the 18th day of May, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk 5.2 Packet Pg. 56 Attachment: Ordinance No. 068, 2021 (10276 : SR 068 Gil Boyer Zoning) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY May 18, 2021 City Council STAFF Brad Yatabe, Legal Carrie Daggett, City Attorney SUBJECT Second Reading of Ordinance No. 069, 2021, Amending the Zoning Map of the City of Fort Collins By Changing the Zoning Classification of the Hughes Stadium Annexation Property from the Transition District to Public Open Lands as Required by the Citizen-Initiated Ordinance Passed at the April 6, 2021, Regular Municipal Election. EXECUTIVE SUMMARY On April 6, 2021, Fort Collins’ voters passed the citizen-initiated ordinance requiring, among other things, that the City rezone the approximately 164.56-acre property that was subject to the Hughes Stadium Annexation from its current Transition District zoning to the Public Open L ands District. This Ordinance, unanimously adopted on First Reading on May 4, 2021, presented for Council adoption on Second Reading. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 4, 2021 (w/o attachments) (PDF) 2. Ordinance No. 069, 2021 (PDF) 6 Packet Pg. 57 Agenda Item Item # Page 1 AGENDA ITEM SUMMARY May 4, 2021 City Council STAFF Brad Yatabe, Legal Carrie Daggett, City Attorney SUBJECT First Reading of Ordinance No. 069, 2021, Amending the Zoning Map of the City of Fort Collins By Changing the Zoning Classification of the Hughes Stadium Annexation Property from the Transition District to Public Open Lands as Required by the Citizen-Initiated Ordinance Passed at the April 6, 2021, Regular Municipal Election. EXECUTIVE SUMMARY On April 6, 2021, Fort Collins’ voters passed the citizen-initiated ordinance requiring, among other things, that the City rezone the approximately 164.56-acre property that was subject to the Hughes Stadium Annexation from its current Transition District zonin g to the Public Open Lands District. The rezoning ordinance is presented for Council adoption on First Reading. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In October 2018, Council annexed into the City the approximately 164.56-acre property upon which Hughes Stadium stood (the “Hughes Stadium Property”) by adopting Ordinance No. 123, 2018, and the Hughes Stadium Property was concurrently zoned as Transition District by Ordinance No. 124, 2018. On November 17, 2020, by means of Resolution 2020-105, Council submitted a citizen-initiated ordinance, subject to modification based upon judicial review, to a vote of the registered electors of the City at the April 6, 2021, regular municipal election. Based upon a Larimer County District Court decision, the citizen -initiated ordinance as set forth in Resolution 2020-105 was later amended by Council adoption of Resolution 2021-024. The amended ballot measure put to a vote of the registered electors of the City read as follows: Shall the City enact an ordinance requiring the City Council of the City of Fort Collins to immediately rezone upon passage of the ordinance a 164.56-acre parcel of real property formerly home to the Hughes Stadium from the Transition District to the Public Open Lands District, and requiring the City to acquire the property at fair market value to use said property for parks, recreation, and open lands, natural areas, and wildlife rescue and restoration, and further prohibiting the City from de-annexing, ceasing acquisition efforts or subsequently rezoning the property without voter approval of a separate initiative referred to the voters by City Council, and granting legal standing to any registere d elector in the City to seek injunctive and/or declaratory relief in the courts related to City noncompliance with said ordinance? On April 6, 2021, the registered electors of the City passed the ballot measure and as called for in that ballot measure the Ordinance will rezone the Hughes Stadium Property from its current Transition District zoning to Public Open Lands District zoning. ATTACHMENT 1 6.1 Packet Pg. 58 Attachment: First Reading Agenda Item Summary, May 4, 2021 (w/o attachments) (10277 : SR 069 Hughes Rezone) -1- ORDINANCE NO. 069, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION OF THE HUGHES STADIUM ANNEXATION PROPERTY FROM THE TRANSITION DISTRICT TO PUBLIC OPEN LANDS AS REQUIRED BY THE CITIZEN-INITIATED ORDINANCE PASSED AT THE APRIL 6, 2021, REGULAR MUNICIPAL ELECTION WHEREAS, by adoption of Ordinance No. 123, 2018, on October 16, 2018, City Council approved the Hughes Stadium Annexation, which annexed into the City the approximately 164.56- acre property (the “Hughes Stadium Property”) upon which Hughes Stadium formerly stood; and WHEREAS, by adoption of Ordinance No. 124, 2018, on October 16, 2018, the Hughes Stadium Property was zoned as Transition District; and WHEREAS, by adoption of Resolution 2020-105 on November 17, 2020, City Council submitted a citizen-initiated ordinance related to the Hughes Stadium Property, subject to modification based upon judicial review, to a vote of the registered electors of the City at the April 6, 2021, regular municipal election; and WHEREAS, by adoption of Resolution 2021-024 on February 16, 2021, City Council revised the citizen-initiated ordinance as set forth in Resolution 2020-105 based upon a related Larimer County District Court decision; and WHEREAS, the revised ballot measure (the “Ballot Measure”) put to a vote of the registered electors of the City at the April 6, 2021, regular municipal election read as follows: Shall the City enact an ordinance requiring the City Council of the City of Fort Collins to immediately rezone upon passage of the ordinance a 164.56-acre parcel of real property formerly home to the Hughes Stadium from the Transition District to the Public Open Lands District, and requiring the City to acquire the property at fair market value to use said property for parks, recreation, and open lands, natural areas, and wildlife rescue and restoration, and further prohibiting the City from de- annexing, ceasing acquisition efforts or subsequently rezoning the property without voter approval of a separate initiative referred to the voters by City Council, and granting legal standing to any registered elector in the City to seek injunctive and/or declaratory relief in the courts related to City noncompliance with said ordinance? ; and WHEREAS, on April 6, 2021, the Ballot Measure was passed; and WHEREAS, the Ballot Measure requires City Council to rezone the Hughes Stadium Property from the Transition District to the Public Open Lands District; and 6.2 Packet Pg. 59 Attachment: Ordinance No. 069, 2021 (10277 : SR 069 Hughes Rezone) -2- WHEREAS, in order to carry out the will of the voters, City Council is adopting this Ordinance to rezone the Hughes Stadium Property from the Transition District to the Public Open Lands District. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the City Council, in order to carry out the will of voters and as required by the approved Ballot Measure, hereby changes and amends 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 to rezone from the Transition Zone District to the Public Open Lands Zone District, the Hughes Stadium Property more particularly described as: A parcel of land situate in the East Half of Section 20, Township 7 North, Range 69 West of the 6th P.M., being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 20 as bearing South 00°16'25" West and with all bearings contained herein relative thereto: BEGINNING at the Southeast corner of Foothills Annexation to the City of Fort Collins, recorded at Book 1439 Page 17 Larimer County Clerk and Recorder, said corner also being the Northwest corner of Becksted Addition to the City of Fort Collins recorded at Reception No. 910170 Larimer county Clerk and Recorder; thence along the West line of said Becksted Addition, said line also being the East line of said Section 20, South 00°16'25" West, 1,390.85 feet to the East Quarter corner of said Section 20, said point also being the Northwest corner of Mountain Shadows Annexation to the City of Fort Collins recorded at Book 1500 Page 6 Larimer County Clerk and Recorder; thence along the West line of said Mountain Shadows Annexation, said line also being the East line of said Section 20, South 00°17'42" West, 690.54 feet to a point on the Northerly line of Pine Ridge 5th Annexation to the City of Fort Collins recorded at Reception No. 2001113963 Larimer County Clerk and Recorder; thence along said Pine Ridge 5th Annexation the following three (3) courses and distances, North 89°42'16" West, 30.00 feet; thence, South 00°17'42" West, 456.97 feet; thence, South 78°29'11" West, 1,114.50 feet to a point on the Northeast corner of Pine Ridge 3rd Annexation to the City of Fort Collins, recorded at Reception No. 99006010 Larimer County Clerk and Recorder; thence along the Northerly line of said Pine Ridge 3rd Annexation, said line also being the Northerly right of way line of Dixon Canyon Road, South 78°29'11" West, 948.91 feet; thence along the Westerly line of said Pine Ridge 3rd Annexation, South 11°30'33" East, 60.00 feet to the Southerly right of way line of Dixon Canyon Road; thence along said line South 78°28'57" West, 635.98 feet; thence departing said line, and along the Easterly line of State Board of Agriculture Lands as recorded at Reception No. 10510582 the following two (2) courses and distances, North 00°04'23" East, 61.42 feet; thence, North 00°30'58" East, 878.03 feet to the Southeast corner of Maxwell Open Space Annexation to the City of Fort Collins recorded 6.2 Packet Pg. 60 Attachment: Ordinance No. 069, 2021 (10277 : SR 069 Hughes Rezone) -3- at Reception No. 90017479 Larimer County Clerk and Recorder; thence along the East line of said Maxwell Open Space Annexation, North 00°31'43" East, 1,573.16 feet; thence departing said line, and along the line of said State Board of Agriculture Lands the following six (6) courses and distances, North 57°47'42" East, 65.46 feet; thence along a curve concave to the Northwest having a central angle of 25°26'23", an arc length of 149.40 feet with a radius of 336.48 feet, and the chord of which bears North 45°04'30" East, 148.18 feet; thence along a curve concave to the Northwest having a central angle of 31°42'57", an arc length of 133.40 feet with a radius of 240.99 feet, and the chord of which bears North 16°32'04" East, 131.70 feet; thence, North 00°30'42" East, 111.20 feet; thence along a curve concave to the East having a central angle of 23°27'51", an arc length of 96.85 feet with a radius of 236.49 feet, and the chord of which bears North 11°47'37" East, 96.17 feet; thence, North 86°25'25" East, 1,487.45 feet to the Southwest corner of Foothills 3rd Annexation to the City of Fort Collins recorded at Book 1497 Page 190 Larimer County Clerk and Recorder; thence along the South line of said Foothills 3rd Annexation, North 86°25'25" East, 25.79 feet to the Southwest Corner of Foothills 2nd Annexation to the City of Fort Collins recorded at Book 1456 Page 668 Larimer County Clerk and Recorder; thence along the South line of said Foothills 2nd Annexation, North 86°25'25" East, 446.63 feet to the Southwest Corner of Foothills Annexation to the City of Fort Collins recorded at Book 1439 Page 17 Larimer County Clerk and Recorder; thence along the South line of said Foothills Annexation, North 86°25'25" East, 479.58 feet to the Point of Beginning. The above described tract of land contains 7,167,953 square feet or 164.554 acres, more or less, and is subject to all easements and rights-of-way now on record or existing. Section 3. The Hughes Stadium Property is not 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 May, A.D. 2021, and to be presented for final passage on the 18th day of May, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk 6.2 Packet Pg. 61 Attachment: Ordinance No. 069, 2021 (10277 : SR 069 Hughes Rezone) -4- Passed and adopted on final reading on this 18th day of May, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk 6.2 Packet Pg. 62 Attachment: Ordinance No. 069, 2021 (10277 : SR 069 Hughes Rezone) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY May 18, 2021 City Council STAFF Sue Beck-Ferkiss, Social Policy and Housing Programs Manager Ingrid Decker, Legal SUBJECT Items Relating to Affordable Housing Fee Credit Requests. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 070 2021, Authorizing a Fee Credit and Appropriating Prior Year Reserves in the General Fund for the Housing Catalyst Oak 140 Affordable Housing Development. B. First Reading of Ordinance No. 071 2021, Authorizing a Fee Credit and Appropriating Prior Year Reserves in the General Fund for the Volunteers of America Cadence Affordable Housing Development. The purpose of this item is to seek Council consideration of requests from two qualifying development projects for fee credits totaling $350,000. At the discretion of Council, City Code authorizes a fee credit of $14,000 per qualifying unit of new affordable housing construction, provided that the proposed credits will not jeopardize the financial interests of the City. Fee credits s ubsidize the development of affordable housing units serving families that earn up to 30% of AMI (or $22,600 for a family of two). The Council Finance Committee heard this item at their April 16, 2021, meeting and recommend granting these requests. STAFF RECOMMENDATION Staff recommends adoption of both Ordinances on First Reading. BACKGROUND / DISCUSSION Current Fee Credit Requests The City has historically provided fee relief for affordable housing, recognizing the difficulty of developing housing that can be priced affordably to low-wage earning residents. The City has received requests for affordable housing fee credits from two affordable housing developments: 1. Housing Catalyst (HC) is developing the Oak 140 project at 140 Oak Street, to be locat ed at the site of the former Elks Lodge at Oak and Remington Streets in downtown Fort Collins. This project will deliver 79 affordable apartment homes and seven of them qualify for fee credits. The request is for a total credit of $98,000. See HC’s request (Attachment 1) and attached location map (Attachment 2). • All 79 new apartments will be affordable. • The development will have a mix of studio, one and two -bedroom apartments with the vast majority one bedroom. • Apartments will be priced to target households making between 30% and 80% AMI. • As stated, seven units qualify for fee credits because they are targeting 30% AMI households. 7 Packet Pg. 63 Agenda Item 7 Item # 7 Page 2 • This project, in partnership with the Fort Collins Downtown Development Authority, aims to fill a need for downtown employees that find downtown housing costs a challenge to living near where they work. 2. Volunteers of America (VOA) is developing Cadence, a 55-unit age-restricted affordable housing development at 2555 Joseph Allen Drive, near the corner of Drake Road and Timberline Road. This project will have 55 apartment homes and 18 of them qualify for fee credits. Their request is for a total of $252,000. See VOA’s request (Attachment 3) and attached location map (Attachment 4). • All 55 new apartments will be affordable. • Apartments will be priced to target adults 55+ making between 20% and 80% AMI. • As stated above, 18 units qualify for fee credits because they target households at or below 30% AMI. Including 20% AMI targets is unusual and will serve extremely low-income households. • The location of this community is near a bike path, a bus route and a supermarket which are well suited to the special population (seniors) targeted by this project. A separate Ordinance for each of these requests has been included for Council consideration. Fee Credit and Fee Waiver History The City’s form of this relief has evolved over time. Fee credits replaced the City’s prior fee waiver program in 2020 and are currently the City’s only mechanism to specifically incentivize units serving households that earn 30% or less of AMI. Most mechanisms to incentivize affordable housing are available for units that serve up to 80% of AMI. Affordable units for households at or below 30% AMI are the hardest to develop. Rents need to be affordable to these extremely low-income households and cannot support the cost of development without substantial subsidy. For instance, a household of two cannot make over $22,600 annually to qualify. The table attached illustrates the 2021 AMI thresholds for the Fort Collins - Loveland MSA (Attachment 5). Fee waivers were previously calculated based on the sum of eligible fees, prorated by the percent of the development’s total units which are restricted to serve ≤30% AMI. Fees historically considered eligible for waiver include: • Development Review Fees • Building Permit Fee • Capital Expansion Fees (including those for Fire, Police, Streets, and Parks) Other fees collected by the City that were not considered eligible for waivers include fees which are collected on behalf of other agencies (such as Larimer County or Poudre School District) and fees for utilities. In 2020, Council changed this subsidy from a waiver to a credit and fixed the amounts of subsidy to $14,000 per unit for newly constructed units and $5,500 per unit for adaptive reuse units where the project gets the benefit of prior fees paid on the property. While this greatly simplified the administrative process in determining exact amounts of subsidy, these requests are still subject to Council discretion and based upon a finding that granting the request will not jeopardize the financial interests of the City. If granted by Council, the credits may be used by the developers for any fees owed the City. This process allows all City fees to be paid and removes the need to reimburse certain departments that are part of the administrative burden of the former fee waiver process. CITY FINANCIAL IMPACTS The two requests to be considered here are the first requests under the new process. Both requests are for qualifying new units of construction. Therefore, the flat fee to be applied to these requests is $14,000 per unit. The total of the two requests is $350,000: $98,000 for Housing Catalyst’s Oak 140 Affordable Housing Development, and $252,000 for Volunteers of America’s Cadence Affordable Senior Community Development. 7 Packet Pg. 64 Agenda Item 7 Item # 7 Page 3 In the past, fee waiver reimbursements were primarily funded from General Fund Reserves and/or the Affordable Housing Capital Fund (AHCF), which is part of the Community Cap ital Improvement Project funding. Often the cost was split between these two sources. The balance of the AHCF is currently $810,359. Guidance from the Council Finance Committee supported splitting the cost of the current fee credit request between General Fund Reserves ($150,000) and the AHCF ($200,000). The $200,000 in funds from the AHCF was previously appropriated and is available for this purpose. Accordingly, Ordinance No. 070, 2021 would appropriate $98,000 of General Fund Reserves for fees for the Oak 140 project, and Ordinance No. 071, 2021 would appropriate $52,000 of General Fund Reserves for fees for the Cadence project. BOARD / COMMISSION RECOMMENDATION The Affordable Housing Board recommends providing fee credits to both projects. (Attachment 6) The Council Finance Committee recommends providing fee credits to both projects. (Attachment 7) PUBLIC OUTREACH The Affordable Housing Board and Council Finance Committee meetings were noticed and open to the public. No additional specific outreach was conducted on these requests. ATTACHMENTS 1. Oak 140 Fee Credit Request (PDF) 2. Location Map - 140 East Oak Street (PDF) 3. VoA Cadence Fee Waiver Request (PDF) 4. Location Map - 2555 Joseph Allen Drive (PDF) 5. Income Limits 2021 (PDF) 6. Affordable Housing Board Minutes (excerpt) (PDF) 7. Council Finance Committee Minutes (draft) (PDF) 7 Packet Pg. 65 March 31, 2021 Sue Beck-Ferkiss, Social Sustainability Specialist Office of Social Sustainability City of Fort Collins 222 Laporte Avenue Fort Collins, CO 80521 Re: Fee Credit Request – Oak 140 Dear Mrs. Beck-Ferkiss, I am writing to request fee credits for Oak 140, a mixed-use development that will bring 79 affordable apartments and two ground-floor commercial spaces to the site of the former Elks Lodge at Oak and Remington Streets in downtown Fort Collins. The project is made possible through a partnership between Housing Catalyst and the Fort Collins Downtown Development Authority (DDA), two organizations that bring vast experience to the project and have a demonstrated commitment to making Fort Collins a stronger, safer, and better community. Name, address and contact information for developer Kristin Fritz Chief Real Estate Officer Housing Catalyst 1715 W Mountain Ave Fort Collins, CO 80521 C: 415-531-5617 kfritz@housingcatalyst.com Name and address/location of development, and location map Oak 140 Northwest corner of Remington St. and Oak St. in downtown Fort Collins OAK ST REMINGTON ST OAK 140 ATTACHMENT 1 7.1 Packet Pg. 66 Attachment: Oak 140 Fee Credit Request (10262 : Fee Credits for Two Affordable Housing Developments) Total number of units with breakdown of AMI targets for all units 100% of the 79 studio, one-bedroom, and two-bedroom apartments will be affordable for those earning between 30% and 80% of the Area Median Income (AMI), with an average resident income of 60% of the AMI. Below is the detailed AMI breakdown and unit mix: 30% AMI Units - 7 40% AMI Units - 6 50% AMI Units - 29 70% AMI Units - 29 80% AMI Units – 8 Studio - 4 One-bedroom – 58 Two-bedroom apartments - 17 Note: Oak 140 does not include any apartments at 60% AMI due to the predominance of 60% AMI units in the City’s existing portfolio of LIHTC units. Description of development and why it qualifies for affordable housing fee credits Oak 140 is well-aligned with both the City of Fort Collins’ belief that one of the keys to a healthy community is the ability to house its residents in good quality, affordable housing and the City Council’s priority to improve access to a broad range of quality housing that is safe, accessible, and affordable. With 79 affordable units, this project will make a significant impact in helping the City achieve its goal of having 10% of the City’s housing stock be affordable by 2040. Oak 140 creates living options for downtown employees that currently find it financially challenging to live and work in Fort Collins because of rising housing costs. The DDA’s contribution of the land at the former Elks building site provides a rare opportunity to make building affordable housing in a highly desirable downtown location financially feasible. Housing Catalyst and the DDA are proud to have developed an architectural design that respects the rich history and essence of Downtown Fort Collins, while also reflecting the evolving needs and character of the community. Since identifying the significant need and desire for affordable housing for people working in and around downtown, the DDA and Housing Catalyst have worked to create a development that honors the vision to address this unique community demand. Project amenities include an on-site leasing office, community room with a community kitchen, exercise room, bike storage, parking, and an elevated terrace with gardens and seating areas. Oak 140 is ideally located for public transit use and easy access to job centers across the City. The site is within a quarter-mile of multiple bus stops with daily service to most areas of Fort Collins and adjacent cities, along a bike route and adjacent to a bike sharing program, and provides next-door access to hospitality and retail jobs. 7.1 Packet Pg. 67 Attachment: Oak 140 Fee Credit Request (10262 : Fee Credits for Two Affordable Housing Developments) The site is also in a highly walkable location with convenient access to the many incredible amenities that are at the heart of Old Town Fort Collins. Proposed construction timeline Construction will begin in June 2021 and be completed in March 2023. Thank you for your consideration and please let us know if you need any additional information. Sincerely, Julie J. Brewen CEO 7.1 Packet Pg. 68 Attachment: Oak 140 Fee Credit Request (10262 : Fee Credits for Two Affordable Housing Developments) ST JOSEPH'SSCHOOL LIBRARY PARK OAK STPLAZA PARK CIVICCENTERPARK W Mountain Ave Remington StN Mason StS Mason StN CollegeAveJe f f e r s o n St E Mountain Ave Lincoln AveN Howes StS Howes StS CollegeAveW a l n u t S tLinden StMathewsStChestnut StPeterson StW Olive StCanyon AveW Oak St E Olive St E Oak St WXYZÕ I³ Copyright nearmap 2015 140 E Oak St & 149 Remington StFort Collins, CO 80524 CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: May 06, 2021 Site 0 250 500125 Feet © ATTACHMENT 2 7.2 Packet Pg. 71 Attachment: Location Map - 140 East Oak Street (10262 : Fee Credits for Two Affordable Housing March 24, 2021 Sue Beck-Ferkiss via email only Social Policy and Housing Program Manager Social Sustainability Department City of Fort Collins 222 Laporte Ave. Fort Collins, CO 80521 RE: Fee Waiver Request Cadence – Fort Collins, CO Dear Sue: Pursuant to the City’s process for reviewing fee waivers, please find enclosed the subject request and necessary information. 1.Name, address and contact information for developer Volunteers of America Ft. Collins VOA Senior Housing LLC 1660 Duke Street Alexandria, VA 22314 (303) 726-1055 or (703) 341-5045 2.Name and address/location of development, and location map 2555 Joseph Allen Drive Fort Collins, CO 80525 3.Total number of units with breakdown of AMI targets for all units # of Units Area Median Income % 4 20% 7.3% 14 30% 25.5% 5 40% 9.1% 4 50% 7.3% 10 60% 18.2% ATTACHMENT 3 7.3 Packet Pg. 72 Attachment: VoA Cadence Fee Waiver Request (10262 : Fee Credits for Two Affordable Housing Developments) 12 70% 21.8% 6 80% 10.9% 55 51.3% average 100% 4.Description of development and why it qualifies for affordable housing fee credits Cadence is a new development of 100% affordable housing u nits for older adults, age 55+ in the City of Fort Collins. Eighteen (18) units or 33% of the project provides very low income units at the 20 & 30% Area Median Income levels which qualify for the fee waiver program. These units help the City of Fort Collins fulfill their goals of providing additional new affordable housing units at these very low AMI levels. 5.Proposed construction timeline Cadence recently closed on its financing and broke ground in March, 2021. Construction is anticipated to be completed in May, 2022. Based on our understanding of the City of Fort Collins current affordable housing fee waiver program, Cadence is eligible for a $14,000/very low income unit credit towards the project’s City fees. This would equate to 18 x $14,000/unit = $252,000. Please let us know if you have any additional questions. Sincerely, Doug Snyder Vice President, Regional Real Estate Development 7.3 Packet Pg. 73 Attachment: VoA Cadence Fee Waiver Request (10262 : Fee Credits for Two Affordable Housing Developments) E Drake Rd S Timberline RdWindrow DrParklakeDrSpring Farm Dr Trail Dr Creekwood Dr Abilene Ct Trailw o o d D r Pacific Crest Dr Arapaho Pass Dr Krisron Rd Yucca C tJoseph Allen DrEastwood C t Appalachian DrE as t wood D r Sagebrush DrAdobe DrShadowCt Lak es hore Dr Tanglewood Dr ParklakeCtCopyright nearmap 2015 2555 Joseph Allen DrFort Collins, CO 80525 CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: May 06, 2021 Site 0 250 500125 Feet © ATTACHMENT 4 7.4 Packet Pg. 74 Attachment: Location Map - 2555 Joseph Allen Drive (10262 : Fee Credits for Two Affordable Housing 2021 Income Limits Income Limits (effective date: 6/01/2021) 2021 Median Income: $95,900 (Fort Collins/Loveland Metropolitan Statistical Area) City of Fort Collins Household Members Income 1 2 3 4 5 6 7 8 100% AMI $67,200 $76,800 $86,400 $95,900 $103,600 $111,300 $119,000 $126,600 80% of AMI* $53,700 $61,400 $69,050 $76,700 $82,850 $89,000 $95,150 $101,250 60% of AMI $40,320 $46,080 $51,840 $57,540 $62,160 $66,780 $71,400 $75,960 50% of AMI* $33,600 $38,400 $43,200 $47,950 $51,800 $55,650 $59,500 $63,300 30% of AMI* $20,150 $23,000 $25,900 $28,750 $31,050 $33,350 $35,650 $37,950 AMI = Area Median Income 51-80%: Low Income Limit (HOME High Income Limit) 31-50%: Very Low Income Limit (HOME Low Income Limit) 0-30%: Extremely Low Income Limit *80%, 60%, 50% & 30% are the HOME income limits published by HUD. These are the income limits required for projects funded with CDBG & HOME. Updated: 5/3/2021 ATTACHMENT 5 7.5 Packet Pg. 75 Attachment: Income Limits 2021 (10262 : Fee Credits for Two Affordable Housing Developments) AFFORDABLE HOUSING BOARD REGULAR MEETING March 4, 2021, 4:00-6:00pm Remote/Online via Zoom due to COVID-19 3 /4 /2021 – MINUTES Page 1 1.CALL TO ORDER: 4:02 2.ROLL CALL •Board Members Present: Kristin Fritz, Jen Bray, John Singleton, Tatiana Zentner, Diane Cohn, Daphne Bear •Board Members Absent: Bob Pawlikowski •Staff Members Present: Sue Beck-Ferkiss, Brittany Depew •Community Members: John [no last name listed] 3.AGENDA REVIEW 4.CITIZEN PARTICIPATION •John – Shared some concerns about Kechter townhomes and impacts on traffic and thoughts on the Housing Strategic Plan. 5.APPROVAL OF MINUTES Diane moved to approve February minutes. John seconded. Approved 6-0. 6.NEW BUSINESS XXX A.Update on Affordable Housing Fee Credits – Sue Beck-Ferkiss Fee waiver program recently transitioned to fee credit program. Came up with set amount of subsidy per unit. New program provides fee credits developer can put in account to pay fees of their choice. $14k per unit, $5,500 for adaptive reuse (e.g. Mason Place – took existing building, which had already paid impact fees, and received credits for that). Two projects will qualify: Spark (Oak 140) downtown (79 units) and Cadence (55 units). Will go to Council Finance Committee in April. Discussion: •Is this subject to independent funding? o Eventually, would like pool of money, but currently a big leap from former process. Intermediate step was to ask for set amount, which was approved by Council. •Each request must be considered and approved by Council. •In the past, fee waivers were backfilled through general fund reserves or Affordable Housing Capital Fund dollars. ATTACHMENT 6 7.6 Packet Pg. 76 Attachment: Affordable Housing Board Minutes (excerpt) (10262 : Fee Credits for Two Affordable Housing Developments) AFFORDABLE HOUSING BOARD REGULAR MEETING 3 /4 /20 2 1 – MINUTES Page 2 o Would continue to recommend fund with GF reserves or Affordable Housing Capital Fund. • Only units in the developments that target 30% area median income households or below would qualify for this fee credit. Daphne made a motion to make recommendation supporting anticipated upcoming fee credit requests for Housing Catalyst’s Spark project and VOA’s Cadence project. John seconded. 5-0-1 (Kristin abstained) 7.6 Packet Pg. 77 Attachment: Affordable Housing Board Minutes (excerpt) (10262 : Fee Credits for Two Affordable Housing Developments) Finance Administration 215 N. Mason 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6788 970.221.6782 - fax fcgov.com Finance Committee Meeting Minutes April 19, 2021 10 am - noon Zoom Meeting Council Attendees: Mayor Wade Troxell, Ken Summers, Ross Cunniff, Susan Gutowsky Staff: Darin Atteberry, Kelly DiMartino, Kyle Stannert, Travis Storin, Carrie Daggett, John Duval, Tyler Marr, Lance Smith, Caryn Champine, JC Ward, Noelle Currell, Ryan Mounce, Tim Dailey, Meaghan Overton, Jackie Kozak-Thiel, Victoria Shaw, Sue Beck-Ferkiss, Leo Escalante, Blaine Dunn, Dave Lenz, Jo Cech, Zack Mozer, Jordan Granath, Carolyn Koontz Others: Joe Rowan Joshua Stallings Patricia Miller - Thistle ____________________________________________________________________________________ Meeting called to order at 10:04 am Mayor Troxell; I would like to note for the record that I have conferred with the City Manager and the City Attorney and have determined that the Committee should conduct this meeting remotely because meeting in person would not be prudent for some or all persons due to a current public health agency recommendation. Approval of Minutes from the March 15, 2021 Council Finance Committee Meeting. Ross Cunniff moved for approval of the minutes as presented. Ken Summers seconded the motion. Minutes were approved unanimously via roll call by Ken Summers, Ross Cunniff and Mayor Troxell. A.Affordable Housing Fee Credits Victoria Shaw, FP&A Manager, Community Services Sue Beck-Ferkiss, Lead Specialist, Social Sustainability EXECUTIVE SUMMARY The purpose of this item is to seek feedback on requests from two development projects to provide fee credits from the City for qualifying affordable housing units. These units will serve households making no more than 30% area median income (AMI). At the discretion of City Council, fee credits of $14,000 per qualifying unit of new construction may be provided under the City Code to incentivize the development of units which serve families that earn up to 30% of Area Median Income (AMI) if the proposed credit will not jeopardize the financial interests of the City. ATTACHMENT 7 7.7 Packet Pg. 78 Attachment: Council Finance Committee Minutes (draft) (10262 : Fee Credits for Two Affordable Housing Developments) 2 GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Is Council Finance Committee supportive of issuing fee credits to two affordable housing developments with qualifying units? 2. Does Council Finance Committee have direction on which City fund to provide these fee credits from? BACKGROUND/DISCUSSION The City has received requests for fee credits from two affordable housing developments: 1. Housing Catalyst (HC) is developing the Oak 140 project at 140 Oak Street in Fort Collins. This project will deliver 79 affordable apartment homes and 7 of them qualify for fee credits. Their request is for a total credit of $98,000. See HC’s request attachment 1. 2. Volunteers of America (VOA) is developing Cadence, a 55-unit age-restricted affordable housing development at 2555 Joseph Allen Drive. This project will have 55 apartment homes and 18 of them qualify for fee credits. Their request is for a total of $252,000. See VOA’s request attachment 2. Fee credits replaced the City’s prior fee waiver program and is currently the City’s only mechanism to specifically incentivize units which serve households that earn 30% or less of AMI. These units are the hardest to develop since they have the largest cost gap because resulting rents are extremely low. For instance, a household of two must earn no more than $22,590 annually to qualify. Most mechanisms to incentivize affordable housing are available for units that serve up to 80% of AMI. The table below illustrates the 2020 AMI thresholds for the Fort Collins – Loveland MSA. (2021 AMI thresholds have not yet been published). Household Size 100% AMI 80% of AMI 60% of AMI 50% of AMI 30% of AMI 1 $65,900 $52,700 $39,540 $32,950 $19,800 2 $75,300 $60,200 $45,180 $37,650 $22,600 3 $84,700 $67,750 $50,820 $42,350 $25,450 4 $94,100 $75,250 $56,460 $47,050 $28,250 5 $101,700 $81,300 $61,020 $50,850 $30,550 6 $109,200 $87,300 $65,520 $54,600 $32,800 7 $116,700 $93,350 $70,020 $58,350 $35,050 8 $124,300 $99,350 $74,580 $62,150 $37,300 Fee waivers were previously calculated based on the sum of eligible fees, prorated by the percent of the development’s total units which are restricted to serve ≤30% AMI. Fees historically considered eligible for waiver include: • Development Review Fees • Building Permit Fee • Capital Expansion Fees (including those for Fire, Police, Streets, and Parks) Other fees collected by the City that are not considered eligible for waivers include fees which are collected on behalf of other agencies (such as Larimer County or Poudre School District) and fees for utilities. In 2020, City Council changed this subsidy from a pro-rated waiver to a flat credit of subsidy. The amount was set to $14,000 per unit for new development units and $5,500 per unit for redevelopment units where the project gets the benefit of prior fees paid on the property. This simplified the process and provided predictability to developers. City Council retained discretion to authorize each request. Authorization is dependent on a determination that issuing the credits will not jeopardize the financial health of the City. City Council may also 7.7 Packet Pg. 79 Attachment: Council Finance Committee Minutes (draft) (10262 : Fee Credits for Two Affordable Housing Developments) 3 direct staff on which fund, such as General Fund or Affordable Housing Capital Fund, to use when issuing waivers. The request from HC is for Oak 140 to be located at the site of the former Elks Lodge at Oak and Remington Streets in downtown Fort Collins. All 79 new apartments will be restricted affordable. It will have a mix of studio, one and two-bedroom apartments with the vast majority one bedroom. They will be priced to target households earning between 30% and 80% AMI. 7 units qualify for fee credits because they will be restricted to serve households with ≤30% AMI. This project, in partnership with the Fort Collins Downtown Development Authority, aims to fill a demand for downtown employees that find downtown housing costs a challenge to living near where they work. The request from VOA is for Cadence, a 55-unit age- and income restricted housing community in one building at 2555 Joseph Allen Drive near the corner of Drake Street and Timberline Road. All 55 new apartments will be affordable. They will be priced to target adults 55+ earning between 20% and 80% AMI. 18 units qualify for fee credits because they target households at or below 30% AMI. Including 20% AMI targets is unusual and will serve extremely low-income households. The location of this community is near a bike path, a bus route and a supermarket which are well suited to the special population (seniors) targeted by this project. These two requests are the first requests to be considered under the new fee credit process. Both requests are for qualifying new units of construction. Therefore, the flat fee to be applied to these requests is $14,000 per unit. The total of the two requests is $350,000. In the past, fee waiver reimbursements have been funded from General Fund Reserves or the Affordable Housing capital Fund (AHCF), which is part of the Community Capital Improvement Project funding. Often the cost was split between these two sources, as shown in the below table: The AHCF currently has $810,359 available, and 28% of AHCF dollars through 2020 have been used to fund fee waivers. *U.S. Census Quarterly Retail E-Commerce Sales 4th Quarter 2020 **Top 10 US companies based on % of e-commerce sales, eMarketer, July 2018 Discussion / Next Steps: Ken Summers: we have $810K in the Affordable Housing Fund – gives us 43% of our goal units Sounds like a good deal – 1/3 of the fund for 43% of the goal sounds like a good deal Ross Cunniff; I support doing this - appreciate the renaming from waiver to rebate I think a split between General Fund and Affordable Housing Fund – 50/50 might be the most rational split – view it as a matching type fund – I don’t have a hard and fast – a split makes sense Mayor Troxell; are there any other funding sources? Project Total Waivers % Backfilled Total Backfill General Fund Transportation Fund AHCF Redtail Ponds 274,762$ 85%233,781$ 274,199$ -$ -$ Village on Redwood 100,708$ 0%-$ -$ -$ -$ Oakridge Crossing 90,923$ 100%90,923$ -$ -$ 90,923$ Village on Horsetooth 352,319$ 83%292,345$ 179,845$ -$ 112,500$ Mason Place 326,081$ 90%294,054$ 190,554$ 3,500$ 100,000$ Total 1,144,793$ 80%911,103$ 644,598$ 3,500$ 303,423$ Backfill SourcesBackfill of Waivers 7.7 Packet Pg. 80 Attachment: Council Finance Committee Minutes (draft) (10262 : Fee Credits for Two Affordable Housing Developments) 4 Victoria Shaw; largely these two funds; General Fund and the Affordable Housing Capital Fund Mayor Troxel; the question is more the split than from what source I am fully supportive – fee credits with qualifying units is a good outcome - let’s start with 50/50 split unless a case can be made for something else – this is my current thinking Ken Summers; would this be coming out of General Fund reserves? Travis Storin; this would come from the unassigned reserve bucket - I think historically this committee has been comfortable using 25% from the Affordable Housing Capital Fund toward this purpose and 75% General Fund unassigned reserves. Mayor Troxell; I am ok however it is presented and codified then. More basis for where you are coming from right now. Ross Cunniff; balanced 25% from Affordable Housing Capital Fund – that makes sense as a rational basis - Other uses for Affordable Housing Capital Fund – this is an important use but not the only use. Ross Cunniff; ballot language lists a variety of other uses Sue Beck-Ferkiss; the ballot language allows for this fund to be used for 1 or more affordable housing developments or rehab -it has to be for affordable housing – the development or rehabilitation of affordable housing Ken Summers; is there a certain balance that we are required to maintain in the Affordable Housing Capital Fund? Travis Storin; it has a fixed amount around how much would be allocated to this one relative to the other 16 funds - across 10 years this fund has a $4M projected revenue stream- so far we are exceeding that amount as a component of the CCIP ¼ cent tax - no minimum fund balance Ross Cunniff; I would like to keep the purchase of land as an option from this fund which is one of the reasons for trying to keep funds in there. GENERAL DIRECTION SOUGHT 1. Is Council Finance Committee supportive of issuing fee credits to two affordable housing developments with qualifying units? 2. Does Council Finance Committee have direction on which City fund to provide these fee credits from? Result: Committee would be supportive of $200K allocated from the Affordable Housing Capital Fund and $150K from the General Fund Reserves / unassigned. An interest in additional codification needed and noted. 7.7 Packet Pg. 81 Attachment: Council Finance Committee Minutes (draft) (10262 : Fee Credits for Two Affordable Housing Developments) -1- ORDINANCE NO. 070, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING A FEE CREDIT AND APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FOR THE HOUSING CATALYST OAK 140 AFFORDABLE HOUSING DEVELOPMENT WHEREAS, the Fort Collins Housing Authority, doing business as Housing Catalyst (“HC”), is currently developing Oak 140, a 79-unit affordable housing project at Oak and Remington Streets in downtown Fort Collins (the “Project”); and WHEREAS, on November 17, 2020, the City Council passed Ordinance No. 137, 2020, establishing a flat, per-unit fee credit for the construction of qualifying affordable housing units, now codified in Chapter 7.5, Article VIII of the City Code (the “Fee Credit Ordinance”); and WHEREAS, pursuant to the Fee Credit Ordinance, a developer of affordable housing units, prior to the issuance of certificates of occupancy, may apply to the City for funding that the City will use, at the direction of the developer, to pay all or a portion of City development and capital expansion fees on behalf of the developer; and WHEREAS, the City Council may, by ordinance, approve a credit if the City Council determines that: (1) the affordable housing units are intended to house homeless or disabled persons, as such terms are defined by the United States Department of Housing and Urban Development, or households with an annual income that does not exceed 30% of the area median income (AMI) for the applicable household size in the Fort Collins- Loveland metropolitan statistical area; and (2) the proposed credit will not jeopardize the financial interests of the City. WHEREAS, the maximum amount of the credit is $14,000 per affordable unit for new construction projects and $5,500 per affordable unit for adaptive reuse projects; and WHEREAS, seven of the units in the Project qualify for fee credits because they will target households at or below 30% AMI, so HC has requested a fee credit of $98,000, which amount is proposed to be appropriated from reserves in the General Fund; and WHEREAS, this appropriation benefits public health, safety and welfare of the residents of Fort Collins and serves the public purpose of supporting the development of affordable housing for low-income residents in the downtown area; and WHEREAS, the Affordable Housing Board and the Council Finance Committee have both recommended providing the fee credit described herein; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the recommendation of the City Manager, to appropriate by ordinance at any time during the fiscal Packet Pg. 82 -2- 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 this fiscal year, and will not jeopardize the financial interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the fee credit of NINETY-EIGHT THOUSAND DOLLARS ($98,000) requested by HC is for affordable housing units that are intended to house households with an annual income that does not exceed 30% of the area median income for the applicable household size in the Fort Collins-Loveland metropolitan statistical area and will not jeopardize the financial interests of the City. Section 3. That there is hereby appropriated for expenditure from reserves in the General Fund the sum of NINETY-EIGHT THOUSAND DOLLARS ($98,000) for a fee credit for the Project. Section 4. That pursuant to Section 7.5-102 of the City Code, the funds appropriated herein are to be deposited into a trust account held by the City for the benefit of HC, from which HC may direct the City to pay balances due to the City for development review fees and capital expansion fees for the Project. Introduced, considered favorably on first reading, and ordered published this 18th day of May, A.D. 2021, and to be presented for final passage on the 1st day of June, A.D. 2021. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 83 -3- Passed and adopted on final reading on the 1st day of June, A.D. 2021. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 84 -1- ORDINANCE NO. 071, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING A FEE CREDIT AND APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FOR THE VOLUNTEERS OF AMERICA CADENCE AFFORDABLE HOUSING DEVELOPMENT WHEREAS, the Volunteers of America (“VOA”) is currently developing Cadence, a 55- unit age-restricted affordable housing development at 2555 Joseph Allen Drive, near the corner of Drake Road and Timberline Road in Fort Collins (the “Project”); and WHEREAS, on November 17, 2020, the City Council passed Ordinance No. 137, 2020, establishing a flat, per-unit fee credit for the construction of qualifying affordable housing units, now codified in Chapter 7.5, Article VIII of the City Code (the “Fee Credit Ordinance”); and WHEREAS, pursuant to the Fee Credit Ordinance, a developer of affordable housing units, prior to the issuance of certificates of occupancy, may apply to the City for funding that the City will use, at the direction of the developer, to pay all or a portion of City development and capital expansion fees on behalf of the developer; and WHEREAS, the City Council may, by ordinance, approve a credit if the City Council determines that: (1) the affordable housing units are intended to house homeless or disabled persons, as such terms are defined by the United States Department of Housing and Urban Development, or households with an annual income that does not exceed 30% of the area median income (AMI) for the applicable household size in the Fort Collins- Loveland metropolitan statistical area; and (2) the proposed credit will not jeopardize the financial interests of the City. WHEREAS, the maximum amount of the credit is $14,000 per affordable unit for new construction projects and $5,500 per affordable unit for adaptive reuse projects; and WHEREAS, 18 of the units in the Project qualify for fee credits because they will target households at or below 30% AMI, so VOA has requested a fee credit of $252,000; and WHEREAS, $200,000 of the requested amount was previously appropriated in the Affordable Housing Capital Fund account within the Community Capital Improvement Project Fund and is available to be used for this Project; and WHEREAS, the remaining $52,000 is proposed to be appropriated from reserves in the General Fund; and WHEREAS, this appropriation benefits public health, safety and welfare of the residents of Fort Collins and serves the public purpose of supporting the development of affordable housing for older low-income residents; and Packet Pg. 85 -2- WHEREAS, the Affordable Housing Board and the Council Finance Committee have both recommended providing the fee credit described herein; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the recommendation of the City Manager, to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that these appropriations are available and previously unappropriated from the General Fund and the Community Capital Improvement Fund, as applicable, will not cause the total amount appropriated in the General Fund and the Community Capital Improvement Fund, as applicable, to exceed the current estimate of actual and anticipated revenues to be received in these funds during this fiscal year, and will not jeopardize the financial interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the fee credit of TWO HUNDRED FIFTY-TWO THOUSAND DOLLARS ($252,000) requested by VOA is for affordable housing units that are intended to house households with an annual income that does not exceed 30% of the area median income for the applicable household size in the Fort Collins-Loveland metropolitan statistical area and will not jeopardize the financial interests of the City. Section 3. That there is hereby appropriated for expenditure from reserves in the General Fund the sum of FIFTY-TWO THOUSAND DOLLARS ($52,000) for a fee credit for the Project. Section 4. That pursuant to Section 7.5-102 of the City Code, the funds appropriated herein, as well as TWO HUNDRED THOUSAND DOLLARS ($200,000) previously appropriated in the Affordable Housing Capital Fund account within the Community Capital Improvement Project Fund are to be deposited into a trust account held by the City for the benefit of VOA, from which VOA may direct the City to pay balances due to the City for development review fees and capital expansion fees for the Project. Packet Pg. 86 -3- Introduced, considered favorably on first reading, and ordered published this 18th day of May, A.D. 2021, and to be presented for final passage on the 1st day of June, A.D. 2021. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 1st day of June, A.D. 2021. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 87 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY May 18, 2021 City Council STAFF Darin Atteberry, City Manager Carrie M. Daggett, Legal SUBJECT First Reading of Ordinance No. 072, 2021, Amending Section 2-568 of the Code of the City of Fort Collins Relating to Ethical Rules of Conduct for Quasi-Judicial Commission Members. EXECUTIVE SUMMARY The purpose of this item is to amend the Ethical Rules of Conduct in Chapter 2 of the City Code to provide clear guidance and direction to Quasi-Judicial Commission members with respect to activities that call for their recusal from matters coming before them in their decision-making capacity. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Quasi-Judicial Commissions make decisions that are quasi-judicial in nature, requiring adherence to certain legal standards to ensure such decisions are fair and provide due process to third party applicants and parties - in-interest. City Code Section 2-568 sets ethical rules of conduct for City officers and employees, including members of appointive boards of the City. The purpose of this Ordinance is to clarify that a member of a Quasi-Judicial Commission who has participated or intends to participate as a member of the p ublic, or on behalf of another person or entity, to provide input or public comment as part of a City process about a particular proposal or project for which a City review, permit or approval is required (such as, for example, speaking at a neighborhood meeting for a development project or appearing at an administrative hearing for a project), may not participate in that process in their role as a commission member. 8 Packet Pg. 88 -1- ORDINANCE NO. 072, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-568 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO ETHICAL RULES OF CONDUCT FOR QUASI-JUDICIAL COMMISSION MEMBERS WHEREAS, the City has 25 boards and commissions, created by the City Council by ordinance, that perform a wide range of functions from advising City staff and the City Council to making quasi-judicial decisions on a variety of topics; and WHEREAS, the City Council recently adopted Ordinance No. 049, 2021, repealing and reenacting Chapter 2, Article III of the City Code relating to City boards and commissions; and WHEREAS, the structure, functions, and requirements for boards and commissions are described in Article III of Chapter 2 of the City Code; and WHEREAS, among the changes enacted in Ordinance No. 049, 2021, were the reorganizing of the boards and commissions into three categories based on their functions, including Type 1 Advisory Boards, Type 2 Advisory Boards and Quasi-Judicial Commissions; and WHEREAS, Quasi-Judicial Commissions make decisions on behalf of the City, and as a result, members of these Commissions have a particular obligation to remain unbiased and impartial and avoid conflicts of interest in the performance of their duties; and WHEREAS, participation by a Commission member in discussion at public outreach meetings, neighborhood meetings and other public events and forums about a particular application, project or decision to come before that Commission generally raises a question and concern about prejudice, bias and improper influence in connection with those matters; and WHEREAS, Section 2-568 in Article VII of Chapter 2 of the City Code provides Ethical Rules of Conduct that apply to City officers and employees, including provisions addressing conflicts of interest and other rules of conduct; and WHEREAS, the City Council finds that the proposed changes to Section 2-568 as set forth herein will provide clear guidance and direction to Commission members with respect to activities that call for their recusal from matters coming before them in their decision making capacity and that such changes are in the best interests of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Packet Pg. 89 -2- Section 2. That Section 2-568, subsection (c)(3) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-568. Ethical rules of conduct. . . . (c) Rules of conduct. . . . (3) In any action in which a member of a City board or commission member ("member") declares a conflict of interest or is prohibited from participation pursuant to subsection (7) below, or for any other reason, such member shall not communicate to or attempt to influence such board or commission regarding such item, in any capacity, except that: a. the member may communicate with said board or c ommission to protect a strictly personal interest, in the same or similar ways in which the public is permitted to communicate with the board or commission. b. the member may prepare materials on behalf of another for a project in the normal course of bu siness or operation, so long as the purpose of those materials is not directly and substantially related to advocacy before said member's board or commission. Those materials may be included in materials submitted by another to said member's board or commi ssion so long as they fall within this exception. For illustrative purposes, such materials may include, but are not necessarily limited to architectural plans, technical studies, and engineering designs. c. if a member has declared a conflict of interest in a matter in accordance with the City Charter and Code and so is precluded from participating in or influencing the decision of their his or her board or commission, they he or she may request a variance from the limitations of this subsection from the City Council in the following circumstances, and in the following manner: 1. The member must submit a request for a variance to the City Clerk on a form provided by the City Clerk for such purpose. 2. The member must demonstrate that without the v ariance, they he or she would suffer an exceptional hardship, and that no reasonable alternative exists that would allow for that hardship to be avoided or substantially mitigated; Packet Pg. 90 -3- 3. The City Council must act by resolution to approve or disapprove the requested variance. d. This limitation does not apply to other members, partners, or other parties of the member's or firm or entity, who may continue to work on the project and may advocate to such member's board or commission, provided that the membe r has declared the conflict and refrains from participating in the matter consistent complies with the application limitations. . . . Section 3. That Section 2-568, subsection (c) of the Code of the City of Fort Collins is hereby amended to add a new subparagraph (7), to read as follows: (7) Additional limitations on participation. a. No member of a Quasi-Judicial Commission, as defined in Article III of this Chapter 2, who has participated or intends to participate as a member of the public, or on behalf of another person or entity, to provide input or public comment as part of a City process about a particular proposal or project for which a City review, permit or approval is required (such as, for example, speaking at a neighborhood meeting for a development project or appearing at an administrative hearing for a project), is allowed to participate in that process in their role as a board or commission member. 1. In the event such input or public comment has been provided, or is expected to be provided, the commission member must promptly provide written notice to the City Clerk that they are required to refrain from participation in their role as a commission member in the City process or decision. 2. The commission member must also provide the required notice to the chair of the commission of which they are a member. b. The prohibitions and requirements of this subsection (7) apply whether or not a conflict of interest is presented or has been declared and are in addition to, and not in place of, the requirements applicable to any officer or employee in the event of a conflict of interest. c. No member of a Quasi-Judicial Commission, as defined in Article III of this Chapter 2, may provide input or public comment on behalf of that commission as part of a City process about a particular proposal or project for which a City review, permit or approval is required, except as expressly authorized and directed by such commission. Packet Pg. 91 -4- Introduced, considered favorably on first reading, and ordered published this 18th day of May, A.D. 2021, and to be presented for final passage on the 1st day of June, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 1st day of June, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 92 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY May 18, 2021 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Resolution 2021-056 Finding Substantial Compliance and Initiating Annexation Proceedings for the Northeast Frontage Road Annexation. EXECUTIVE SUMMARY The purpose of this item is to initiate annexation proceedings for the Northeast Frontage Road Annexation. This is a 100% voluntary annexation. The property contained within the annexation area is approximately 4 acres and is located northeast of the intersection of Interstate-25 and East Prospect Road. The requested zoning for this annexation is General Commercial (C-G). The proposed Resolution makes a finding that the annexation petition substantially complies with the Muni cipal Annexation Act of 1965, determines that a hearing should be established regarding the annexation, and directs notice be given of the hearing. The hearing will be held at the time of First Reading of the annexation and zoning ordinances, and notice will be published and distributed as required by State law. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of F ort Collins Intergovernmental Agreement Regarding Growth Management. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This is a 100% voluntary annexation of a former frontage road that was vacated by Colorado De partment of Transportation (CDOT). The vacated 4-acre tract of land was dedicated to the adjacent property owner who is now petitioning for annexation and zoning of the property. According to policies and agreements contained in the Larimer County and City of Fort Collins Intergovernmental Agreement (IGA) regarding Growth Management dated June 24, 2008, as amended (IGA), the City agrees to consider annexation of property in the GMA when the property becomes eligible for annexation under the Colorado Revised Statutes. The Northeast Frontage Road Annexation gains the required contiguity and is wholly surrounded by City limits by the Galatia Annexation (1990), Highway I-25 Second Annexation (1989), and Interstate Associates Annexation (1989) which satisfies the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing City of Fort Collins municipal boundary. 9 Packet Pg. 93 Agenda Item 9 Item # 9 Page 2 BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing for the annexation and zoning on May 20, 2021. The Board’s recommendation will be forwarded to Council as part of the First Reading of the annexation and zoning ordinances on July 6, 2021. PUBLIC OUTREACH The City of Fort Collins Land Use Code and the Colorado Revised Statute s do not stipulate that a neighborhood meeting be held in conjunction with a voluntary annexation, therefore, a neighborhood meeting was not held. ATTACHMENTS 1. Vicinity Map (PDF) 2. Petition for Annexation (PDF) 3. Annexation Map (PDF) 9 Packet Pg. 94 9,028 1,504.7 Northeast Frontage Road Annexation This map is a user generated static output from the City of Fort Collins FCMaps Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.City of Fort Collins - GIS 1,143.0 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet1,143.00571.50 Notes Legend 6,859 Parcels City Zoning Community Commercial Community Commercial North College Community Commercial Poudre River General Commercial Limited Commercial Service Commercial CSU Downtown Employment Harmony Corridor Industrial High Density Mixed-Use Neighborhood Low Density Mixed-Use Neighborhood Medium Density Mixed-Use Neighborhood Neighborhood Commercial Neighborhood Conservation Buffer Neighborhood Conservation Low Density Neighborhood Conservation Medium Density Public Open Lands River Conservation River Downtown Redevelopment Residential Foothills Low Density Residential Rural Lands District Transition Urban Estate SITE ATTACHMENT 1 9.1 Packet Pg. 95 Attachment: Vicinity Map (10220 : Northeast Frontage Road Annexation) Northeast Frontage Road 174,693 SQUARE FEET 4.01 ATTACHMENT 2 9.2 Packet Pg. 96 Attachment: Petition for Annexation (10220 : Northeast Frontage Road Annexation) 9.2 Packet Pg. 97 Attachment: Petition for Annexation (10220 : Northeast Frontage Road Annexation) PROPERTY DESCRIPTION NE FRONTAGE ROAD ANNEXATION PROPERTY DESCRIPTION A TRACT OF LAND BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 15; THENCE N89º57'48“W ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1250.51 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE EXCEPTED TRACT OF LAND SHOWN ON THE "GALATIA ANNEXATION" AS INTERSTATE FRONTAGE ROAD AND ALSO BEING DESCRIBED AT RECEPTION NO. 88059158 OF THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER (LCCR) THE FOLLOWING COURSES: THENCE CONTINUING N89°57'48"W ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER, A DISTANCE OF 194.78 FEET; THENCE N00°02'12"E, A DISTANCE OF 30.00 FEET; THENCE N89°57'48"W, A DISTANCE OF 85.22 FEET; THENCE N43°50'15"E, A DISTANCE OF 138.55 FEET; THENCE N03°22'20"W, A DISTANCE OF 73.50 FEET TO A POINT OF CURVATURE; THENCE 345.90 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 369.26 FEET, A CENTRAL ANGLE OF 53°40'15”, AND WHOSE CHORD BEARS N37°17'58”W, A DISTANCE OF 333.39 FEET; THENCE N71°13'36”W, A DISTANCE OF 142.46 FEET; THENCE N74°38'09”W, A DISTANCE OF 494.43 FEET; THENCE N71°03'19”W, A DISTANCE OF 157.09 FEET TO A POINT OF CURVATURE; THENCE 105.71 FEET ALONG THE ARC OF A CURVE TO RIGHT, HAVING A RADIUS OF 449.26 FEET, A CENTRAL ANGLE OF 13°28'55”, AND WHOSE CHORD BEARS N57°23'41"W, A DISTANCE OF 105.47 FEET; THENCE S78°39'00"W, A DISTANCE OF 63.21 FEET; THENCE S11°21'00"E, A DISTANCE OF 200.00 FEET; THENCE N26°21'00"W, A DISTANCE OF 100.00 FEET; THENCE N09°09'00"W, A DISTANCE OF 202.70 FEET; THENCE N00°13'00"E, A DISTANCE OF 573.50 FEET; THENCE S54°51'00"E, A DISTANCE OF 24.37 FEET; THENCE S00°13'00"W, A DISTANCE OF 359.17 FEET TO A POINT OF CURVATURE; THENCE 347.06 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 369.26 FEET, A CENTRAL ANGLE OF 53°51'07", AND WHOSE CHORD BEARS S37°12'34"E, A DISTANCE OF 334.43 FEET; THENCE S71°13'36”E, A DISTANCE OF 142.46 FEET; THENCE S74°38'09”E, A DISTANCE OF 494.43 FEET; THENCE S71°03'19”E, A DISTANCE OF 157.09 FEET TO A POINT OF CURVATURE; THENCE 420.85 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 449.26 FEET, A CENTRAL ANGLE OF 53°40'21", AND WHOSE CHORD BEARS S37°17'52"E, A DISTANCE OF 405.63 FEET; THENCE S03°32'38”E, A DISTANCE OF 88.12 FEET; THENCE S46°10'16"E, A DISTANCE OF 144.50 FEET; THENCE S00°02'12"W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 174,693 SQUARE FEET, 4.01 ACRES MORE OR LESS 9.2 Packet Pg. 98 Attachment: Petition for Annexation (10220 : Northeast Frontage Road Annexation) 9.2 Packet Pg. 99 Attachment: Petition for Annexation (10220 : Northeast Frontage Road Annexation) Northeast Frontage Road 9.2 Packet Pg. 100 Attachment: Petition for Annexation (10220 : Northeast Frontage Road Annexation) ATTACHMENT 39.3Packet Pg. 101Attachment: Annexation Map (10220 : Northeast Frontage Road Annexation) -1- RESOLUTION 2021-056 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE NORTHEAST FRONTAGE ROAD ANNEXATION WHEREAS, a written petition, together with four prints of an annexation map, has been filed with the City Clerk requesting the annexation of certain property to be known as the Northeast Frontage Road Annexation, as more particularly described below; and WHEREAS, the City Council desires to initiate annexation proceedings for the Northeast Frontage Road Annexation in accordance with the Municipal Annexation Act, Colorado Revised Statutes (“C.R.S.”) Section 31-12-101, et seq. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby accepts the annexation petition for the Northeast Frontage Road Annexation, located northeast of the intersection of Interstate 25 and East Prospect Road and more particularly described as situate in the County of Larimer, State of Colorado, to wit: A TRACT OF LAND BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 15; THENCE N89º57'48“W ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1250.51 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE EXCEPTED TRACT OF LAND SHOWN ON THE "GALATIA ANNEXATION" AS INTERSTATE FRONTAGE ROAD AND ALSO BEING DESCRIBED AT RECEPTION NO. 88059158 OF THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER (LCCR) THE FOLLOWING COURSES: THENCE CONTINUING N89°57'48"W ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER, A DISTANCE OF 194.78 FEET; THENCE N00°02'12"E, A DISTANCE OF 30.00 FEET; THENCE N89°57'48"W, A DISTANCE OF 85.22 FEET; THENCE N43°50'15"E, A DISTANCE OF 138.55 FEET; Packet Pg. 102 -2- THENCE N03°22'20"W, A DISTANCE OF 73.50 FEET TO A POINT OF CURVATURE; THENCE 345.90 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 369.26 FEET, A CENTRAL ANGLE OF 53°40'15”, AND WHOSE CHORD BEARS N37°17'58”W, A DISTANCE OF 333.39 FEET; THENCE N71°13'36”W, A DISTANCE OF 142.46 FEET; THENCE N74°38'09”W, A DISTANCE OF 494.43 FEET; THENCE N71°03'19”W, A DISTANCE OF 157.09 FEET TO A POINT OF CURVATURE; THENCE 105.71 FEET ALONG THE ARC OF A CURVE TO RIGHT, HAVING A RADIUS OF 449.26 FEET, A CENTRAL ANGLE OF 13°28'55”, AND WHOSE CHORD BEARS N57°23'41"W, A DISTANCE OF 105.47 FEET; THENCE S78°39'00"W, A DISTANCE OF 63.21 FEET; THENCE S11°21'00"E, A DISTANCE OF 200.00 FEET; THENCE N26°21'00"W, A DISTANCE OF 100.00 FEET; THENCE N09°09'00"W, A DISTANCE OF 202.70 FEET; THENCE N00°13'00"E, A DISTANCE OF 573.50 FEET; THENCE S54°51'00"E, A DISTANCE OF 24.37 FEET; THENCE S00°13'00"W, A DISTANCE OF 359.17 FEET TO A POINT OF CURVATURE; THENCE 347.06 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 369.26 FEET, A CENTRAL ANGLE OF 53°51'07", AND WHOSE CHORD BEARS S37°12'34"E, A DISTANCE OF 334.43 FEET; THENCE S71°13'36”E, A DISTANCE OF 142.46 FEET; THENCE S74°38'09”E, A DISTANCE OF 494.43 FEET; THENCE S71°03'19”E, A DISTANCE OF 157.09 FEET TO A POINT OF CURVATURE; THENCE 420.85 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 449.26 FEET, A CENTRAL ANGLE OF 53°40'21", AND WHOSE CHORD BEARS S37°17'52"E, A DISTANCE OF 405.63 FEET; THENCE S03°32'38”E, A DISTANCE OF 88.12 FEET; THENCE S46°10'16"E, A DISTANCE OF 144.50 FEET; THENCE S00°02'12"W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 174,693 SQUARE FEET, 4.01 ACRES MORE OR LESS. Section 3. That the City Council hereby finds and determines that the annexation petition for the Northeast Frontage Road Annexation is in substantial compliance with the Municipal Annexation Act in that the annexation petition contains the following: (1) An allegation that it is desirable and necessary that such area be annexed to the municipality; (2) An allegation that the requirements of C.R.S. Sections 31-12-104 and 31-12-105 exist or have been met; Packet Pg. 103 -3- (3) An allegation that the signers of the petition comprise more than fifty percent of the landowners in the area and own more than fifty percent of the area proposed to be annexed, excluding public streets and alleys and any land owned by the annexing municipality; (4) The signatures of such landowners; (5) A request that the annexing municipality approve the annexation of the area proposed to be annexed; (6) The mailing address of each such signer; (7) The legal description of the land owned by such signer; (8) The date of signing of each signature; and (9) The affidavit of the circulator of such petition that each signature therein is the signature of the person whose name it purports to be. Section 4. That the City Council hereby finds and determines that the annexation map, four copies total, accompanying the annexation petition for the Northeast Frontage Road Annexation is in substantial compliance with the Municipal Annexation Act in that the map contains the following: (1) A written legal description of the boundaries of the area proposed to be annexed; (2) A map showing the boundary of the area proposed to be annexed; (3) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; and (4) Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. Section 5. That the Notice attached hereto as Exhibit “A” is hereby adopted as a part of this Resolution. Said Notice establishes the date, time and place when a public hearing will be held regarding the passage of annexation and zoning ordinances pertaining to the above- described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in the Municipal Annexation Act. Packet Pg. 104 -4- Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 18th day of May, A.D. 2021. __________________________________ Mayor ATTEST: ____________________________ City Clerk Packet Pg. 105 NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted Resolution 2021-056 initiating annexation proceedings for the Northeast Frontage Road Annexation, consisting of approximately 4 acres and generally located northeast of the intersection of Interstate 25 and East Prospect Road, and said Annexation being more particularly described in Resolution 2021-056, a copy of which is available from the City Clerk’s Office. The area to be annexed is more particularly described as: A TRACT OF LAND BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 15; THENCE N89º57'48“W ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1250.51 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE EXCEPTED TRACT OF LAND SHOWN ON THE "GALATIA ANNEXATION" AS INTERSTATE FRONTAGE ROAD AND ALSO BEING DESCRIBED AT RECEPTION NO. 88059158 OF THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER (LCCR) THE FOLLOWING COURSES: THENCE CONTINUING N89°57'48"W ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER, A DISTANCE OF 194.78 FEET; THENCE N00°02'12"E, A DISTANCE OF 30.00 FEET; THENCE N89°57'48"W, A DISTANCE OF 85.22 FEET; THENCE N43°50'15"E, A DISTANCE OF 138.55 FEET; THENCE N03°22'20"W, A DISTANCE OF 73.50 FEET TO A POINT OF CURVATURE; THENCE 345.90 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 369.26 FEET, A CENTRAL ANGLE OF 53°40'15”, AND WHOSE CHORD BEARS N37°17'58”W, A DISTANCE OF 333.39 FEET; THENCE N71°13'36”W, A DISTANCE OF 142.46 FEET; THENCE N74°38'09”W, A DISTANCE OF 494.43 FEET; THENCE N71°03'19”W, A DISTANCE OF 157.09 FEET TO A POINT OF CURVATURE; THENCE 105.71 FEET ALONG THE ARC OF A CURVE TO RIGHT, HAVING A RADIUS OF 449.26 FEET, A CENTRAL ANGLE OF 13°28'55”, AND WHOSE CHORD BEARS N57°23'41"W, A DISTANCE OF 105.47 FEET; THENCE S78°39'00"W, A DISTANCE OF 63.21 FEET; THENCE S11°21'00"E, A DISTANCE OF 200.00 FEET; THENCE N26°21'00"W, A DISTANCE OF 100.00 FEET; THENCE N09°09'00"W, A DISTANCE OF 202.70 FEET; EXHIBIT A A Packet Pg. 106 Attachment: Exhibit A (10225 : Northeast Frontage Road Annexation RESO) THENCE N00°13'00"E, A DISTANCE OF 573.50 FEET; THENCE S54°51'00"E, A DISTANCE OF 24.37 FEET; THENCE S00°13'00"W, A DISTANCE OF 359.17 FEET TO A POINT OF CURVATURE; THENCE 347.06 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 369.26 FEET, A CENTRAL ANGLE OF 53°51'07", AND WHOSE CHORD BEARS S37°12'34"E, A DISTANCE OF 334.43 FEET; THENCE S71°13'36”E, A DISTANCE OF 142.46 FEET; THENCE S74°38'09”E, A DISTANCE OF 494.43 FEET; THENCE S71°03'19”E, A DISTANCE OF 157.09 FEET TO A POINT OF CURVATURE; THENCE 420.85 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 449.26 FEET, A CENTRAL ANGLE OF 53°40'21", AND WHOSE CHORD BEARS S37°17'52"E, A DISTANCE OF 405.63 FEET; THENCE S03°32'38”E, A DISTANCE OF 88.12 FEET; THENCE S46°10'16"E, A DISTANCE OF 144.50 FEET; THENCE S00°02'12"W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 174,693 SQUARE FEET, 4.01 ACRES MORE OR LESS That, on July 6, 2021, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition and zoning request for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation and for the purpose of determining the appropriate zoning for the property included in the Annexation. At such hearing, any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Property included in the Annexation be placed in the General Commercial (“G-C”) Zone District. Upon request, the City of Fort Collins will provide language access services for individuals who have limited English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services, programs and activities. Contact 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please provide 48 hours advance notice when possible. A petición, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al 221-6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione 48 horas de aviso previo cuando sea posible. Dated this 23rd day of May, A.D. 2021. _______________________________ City Clerk EXHIBIT A A Packet Pg. 107 Attachment: Exhibit A (10225 : Northeast Frontage Road Annexation RESO) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY May 18, 2021 City Council STAFF Jim McDonald, Cultural Services Director Ingrid Decker, Legal SUBJECT Resolution 2021-057 Approving Fort Fund Grant Disbursements - Organizational Support Category. EXECUTIVE SUMMARY The purpose of this item is to approve Fort Fund grants from the Cultural Development and Programming Account and the Tourism Programming Account for the selected community events in the Organizational Support category, based upon the recommendations of the Cultural Resources Board. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The Fort Fund grant program, established in 1989, disburses lodging tax revenues deposited in the City’s Cultural Development and Programming Account and the Tourism Programming Account in accordance with the provisions of Section 25-244 of the City Code, where 25% of the revenue from the lodging tax fund is applied to the Cultural Development and Programming Account and 5% of re venue from lodging tax is dedicated to the Tourism Programming Account. Local non -profit organizations may apply to Fort Fund for cultural and/or tourism event support. The Cultural Resources Board (CRB) is authorized to review grant applications based on approved guidelines and make recommendations for Fort Fund disbursements to Council pursuant to Section 2-203(2) of the City Code. There are three funding programs available: Organizational Support, Project Support, and Project Support II for smaller arts and culture organizations. Fort Fund grants support arts and cultural events that enrich the creative vitality of the community, promote local heritage and diversity, and provide opportunities for arts and cultural participation. The grants help promote Fort Collins as a creative center and tourist destination and promote the health and well -being of all residents and visitors. The Organizational Support program is designed to promote organizational stability and sustainability of Fort Collins’ arts and cultural institutions and to cultivate organizational growth and development through investments that contribute to the City’s overall livability, tourism industry, and creative economy. Organizational Support is made available to established nonprofit ar ts and cultural organizations in the City of Fort Collins that consistently demonstrate high quality artistic programming and/or services. Cultural Resources Board Funding Session At its April 22 funding session, CRB reviewed eight Organizational Support applications with total requests equaling $300,000. Eight applications were found eligible and recommended for funding for $180,000. 10 Packet Pg. 108 Agenda Item 10 Item # 10 Page 2 The following table summarizes the Project Support requests, available funds and grant award amounts: Grant Requests Available Funds Grant Awards $300,000 $180,000 $180,000 CRB scored each application using the funding criteria outlined in the Fort Fund Guidelines and discussed the applications at its April 22 meeting. The 2021 grant application specifically included a q uestion on how applicants would produce their project if COVID-19 restrictions were still in place. This aided the Board with their review of the project feasibility. The Board discussion is outlined in the draft minutes (Attachment 1) and Exhibit A of the Resolution. The Board is recommending disbursement of $180,000 to the eligible applicants as outlined in Exhibit A. CITY FINANCIAL IMPACTS This Resolution would distribute $180,000 from the Cultural Development and Programming Account to local non-profit organizations. Each grantee organization must provide funds to match the grant amount. These funds were budgeted and appropriated in the 2021 budget. Lodging tax is collected pursuant to Section 25 - 242 of the City Code. BOARD / COMMISSION RECOMMENDATION The Cultural Resources Board is presenting these recommendations to City Council for programs and organizations to receive funding at the recommended grant amounts from the Cultural Development and Programming Account and Tourism Programming Account. Exhibit A to Resolution 2021-057 presents the allocations recommended by the Cultural Resources Board to Council for Organizational Support funding. ATTACHMENTS 1. Cultural Resources Board Minutes (draft) (PDF) 10 Packet Pg. 109 Cultural Resources Board SPECIAL MEETING Thursday, April 22, 2021 – 5:30 PM Remote Meeting via Zoom due to COVID-19 4/22/21 – MINUTES Page 1 CALL TO ORDER: 5:32 PM ROLL CALL •Board Members Present – Will Flowers (Chair), Jean McGinnis, Vicki Fogel Mykles (Vice Chair), Aquiles Quiroga, Jennifer Zidon •Board Members Absent - Zackery Klassen •Staff Members Present - Jim McDonald, Liz Irvine, Jaime Jones •Guests: Katy Schneider, Director of Marketing, Visit Fort Collins Peggy Lyle, Director, Downtown Fort Collins Creative District AGENDA REVIEW •2021 Fort Fund Organizational Support Grant Discussion and Funding moved to first position on the agenda. CITIZEN PARTICIPATION APPROVAL OF MINUTES •Consideration and approval of the minutes from March 25, 2021. Vicki Fogel Mykles made a motion to accept the minutes. Jennifer Zidon seconded the motion. The motion passed unanimously. Approved by roll call, Ayes: Will Flowers, Jean McGinnis, Vicki Fogel Mykles, Aquiles Quiroga, Jennifer Zidon. UNFINISHED BUSINESS NEW BUSINESS •2021 Fort Fund Organizational Support Grant – Discussion and Funding Recommendations o The Board discussed and reviewed eight 2021 Organizational Support applications. The Board recommended funding eight organizations for a total of $180,000. Jennifer Zidon made a motion to accept the funding recommendations. Aquiles Quiroga seconded the motion. The motion passed unanimously. Approved by roll call, Ayes: Will Flowers, Jean McGinnis, Vicki Fogel Mykles, Aquiles Quiroga, Jennifer Zidon. o The recommendations are listed on page 3. •Katy Schneider, Director of Marketing, Visit Fort Collins – Update o Lodging tax was down 42% year to date. Hotels are raising their rates for summer and fall. o Tourism Business Improvement District self-assessed tax will have second reading by City Council on April 20, 2021. Will need 51% of the hotel room count to agree to this additional self-imposed fee which would be collected beginning in August. Jen ATTACHMENT 1 10.1 Packet Pg. 110 Attachment: Cultural Resources Board Minutes (draft) (10260 : Fort Fund Organizational Support Grant) Cultural Resources Board SPECIAL MEETING Thursday, April 22, 2021 – 5:30 PM Remote Meeting via Zoom due to COVID-19 4/22/2 1 – MINUTES Page 2 Zidon enquired on the structure of the decision-making process for the revenue. Katy Schneider responded they are putting together a board representing 5 to 9 hotels. The hotels will direct the funds working with Visit Fort Collins. o Katy Schneider noted that the creative sector marketing campaign, partially supported by the Cultural Services Department, has begun and includes videos, artist profiles and themed itineraries on the Visit Fort Collins website. • Peggy Lyle, Director, Downtown Fort Collins Creative District – Update o Shared a slideshow of the Downtown Creative District’s background and current activities. DIRECTOR’S REPORT • Jim McDonald shared that Project Support was approved on April 20, 2021 by City Council. He informed the Board that he specifically has asked the grantees to inform him if there are changes to their plans, so they can be reviewed and approved. BOARD MEMBER REPORTS: • Jennifer Zidon shared that she is attending the virtual Sustainable Living Fair April 22nd – 24th. OTHER BUSINESS: • Vicki Fogel Mykles informed the Board that the Fort Collins Symphony Guild’s “Musical Zoo” video is online. They are reached out to school groups and have received over 600 views for “Peter and the Wolf.” ADJOURNMENT: • Jennifer Zidon made a motion to adjourn at 6:26 PM. Zackery Klassen seconded the motion. The motion passed unanimously. Approved by roll call, Ayes: Will Flowers, Zackery Klassen, Vicki Fogel Mykles, Jennifer Zidon Respectfully submitted, Liz Irvine Business Support III 10.1 Packet Pg. 111 Attachment: Cultural Resources Board Minutes (draft) (10260 : Fort Fund Organizational Support Grant) 123456789101112131415ABCDEFG2021 Fort Fund Organizational GrantExhibit AAPPLICANT PROPOSED EVENT/DATEFUNDING REQUESTSCULTURAL DEVELOPMENT & PROGRAMMINGTOURISM PROGRAMMINGUNFUNDED BALANCEPERCENT OF REQUEST FUNDEDBas Bleu Theatre2021-2022 Season | Dates: September 9-June 26, 2022 $25,000 $14,36157%Canyon Concert Ballet2021-2022 Season | Dates: October 7-June 5, 2022 $40,000 $22,97957%Fort Collins Museum of DiscoveryExhibitions/Programs Support | Dates: July 1 - June 30, 2022 $40,000 $25,53264%Fort Collins Symphony Association2021-2022 Season | Dates: July 4 - August 14, 2022 $40,000 $25,53264%Larimer Chorale 2021-2022 Season | Dates: October 9 - May 12, 2022 $40,000 $22,97957%Museum of Art|Fort CollinsExhibitions/Programs Support | Dates: July 19 - July 17, 2022 $40,000 $25,53264%OpenStage Theatre Company, Inc.2021-2022 Season | Dates: September 2 - July 23, 2022 $35,000 $20,10657%The Center for Fine Art PhotographyExhibitions/Programs Support | Dates: July 2021 - June 2022 $40,000 $22,97957%Totals$300,000 $180,00057%Approved Funding Scores are based on application materials and Fort Fund's "Criteria for Funding."10.1Packet Pg. 112Attachment: Cultural Resources Board Minutes (draft) (10260 : Fort Fund Organizational Support Grant) -1- RESOLUTION 2021-057 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING FORT FUND GRANT DISBURSEMENTS – ORGANIZATIONAL SUPPORT CATEGORY WHEREAS, providers of lodging accommodations in the City are required by Section 25-250 of the City Code to pay three percent of all revenues derived from such lodging accommodations to the City as a lodging tax; and WHEREAS, pursuant to Section 25-244 of the City Code, twenty-five percent of those revenues are reserved for cultural development and programming, and seventy-five percent of all revenues received by the City from lodging tax are reserved for promotion of convention and visitor activities; and WHEREAS, pursuant to Section 25-244 of the City Code, the Community Cultural Development and Programming Account was established for the purpose of funding cultural development and programming activities, and the Tourism Programming Account was established for the purpose of funding tourist-related special events; and WHEREAS, the City disburses funds from the City's Cultural Development and Programming Account and Tourism Programming Account in accordance with Sections 2- 203(2) and 25-244 of the City Code through its Fort Fund Program; and WHEREAS, there are three Fort Fund funding programs available for applicants: Organizational Support, Project Support, and Project Support II for smaller organizations; and WHEREAS, the City's Cultural Resources Board reviews applications from the community for Fort Fund monies and makes recommendations to the City Council in accordance with Section 2-203(2) of the City Code, and in accordance with the administrative guidelines for the Fort Fund program (the “Fort Fund Guidelines”); and WHEREAS, on March 16, 2021, the City Council adopted Resolution 2021-033, approving the distribution of funds for proposals in the Project Support II category, and on April 20, 2021, the City Council adopted Resolution 2021-039 approving the distribution of funds for proposals in the Project Support category; and WHEREAS, at its regular meeting on April 22, 2021, the Cultural Resources Board recommended funding for various proposals in the Organizational Support category based on the criteria and considerations set forth in Section 2-203 of the City Code and the Fort Fund Guidelines; and WHEREAS, the use of lodging tax revenues will provide a public benefit to the Fort Collins community by supporting cultural development and public programming activities within the City that promote the use of public accommodations within the City; and Packet Pg. 113 -2- WHEREAS, the City Council wishes to approve Fort Fund grant disbursements as set forth in Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the distribution of funds through the Fort Fund program in the Organizational Support category as set forth on Exhibit “A” will promote the cultural and economic health of the community and in doing so will serve a recognized and valuable public purpose. Section 3. That funds in the total amount of ONE HUNDRED EIGHTY THOUSAND DOLLARS ($180,000) from the City's Cultural Development and Programming Account are hereby approved for distribution as set forth in Exhibit “A”. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of May, A.D. 2021. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 114 123456789101112131415ABCDEFG2021 Fort Fund Organizational GrantExhibit AAPPLICANT PROPOSED EVENT/DATEFUNDING REQUESTSCULTURAL DEVELOPMENT & PROGRAMMINGTOURISM PROGRAMMINGUNFUNDED BALANCEPERCENT OF REQUEST FUNDEDBas Bleu Theatre2021-2022 Season | Dates: September 9-June 26, 2022 $25,000 $14,36157%Canyon Concert Ballet2021-2022 Season | Dates: October 7-June 5, 2022 $40,000 $22,97957%Fort Collins Museum of Discovery Non-Profit PartnerExhibitions/Programs Support | Dates: July 1 - June 30, 2022 $40,000 $25,53264%Fort Collins Symphony Association2021-2022 Season | Dates: July 4 - August 14, 2022 $40,000 $25,53264%Larimer Chorale 2021-2022 Season | Dates: October 9 - May 12, 2022 $40,000 $22,97957%Museum of Art|Fort CollinsExhibitions/Programs Support | Dates: July 19 - July 17, 2022 $40,000 $25,53264%OpenStage Theatre Company, Inc.2021-2022 Season | Dates: September 2 - July 23, 2022 $35,000 $20,10657%The Center for Fine Art PhotographyExhibitions/Programs Support | Dates: July 2021 - June 2022 $40,000 $22,97957%Totals$300,000 $180,00057%Approved Funding Scores are based on application materials and Fort Fund's "Criteria for Funding."APacket Pg. 115Attachment: Exhibit A (10270 : Fort Fund Organizational Support Grant RESO) Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY May 18, 2021 City Council STAFF Elizabeth Blythe, Senior Public Engagement Coordinator Carrie Daggett, City Attorney Delynn Coldiron, City Clerk SUBJECT Resolution 2021-058 Discontinuing the City's Leadership Committee with Colorado State University. EXECUTIVE SUMMARY The purpose of this item is to discontinue the City/CSU Leadership Committee. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION In 1998, the City Council adopted Resolution 1998-159, authorizing the formation of a liaison committee with CSU to facilitate on-going, close communication among the policy makers and administrative staff of the City and the administration, faculty and students of CSU. In 2014, the City Council adopted Resolution 2014-118, establishing a new City of Fort Collins/CSU Leadership Committee comprised of leadership from both entities, intended to facilitate high -level communications between the two entities. Resolution 2014-118 also modified the City/CSU Liaison Committee so it is comprised of staff of the two entities, with the intent that it continue meeting on a quarterly basis to discuss operational issues, resulting in improved understanding of and cooperation in resolving student/neighborhood issues. Although Council made initial appointments to the City/CSU Leadership Committee, the committee structure did not prove to be a suitable means for fostering ongoing communications and coordination by organization leaders. Council desires to discontinue the City/CSU Leadership Committee and to instead emphasize less formal efforts to coordinate and collaborate with CUS leaders. 11 Packet Pg. 116 -1- RESOLUTION 2021-058 OF THE COUNCIL OF THE CITY OF FORT COLLINS DISCONTINUING THE CITY’S LEADERSHIP COMMITTEE WITH COLORADO STATE UNIVERSITY WHEREAS, the City and Colorado State University (“CSU”) have historically dealt with a number of issues of mutual interest, including land use, utility and transportation services, the enforcement of municipal ordinances, human rights, and a wide variety of other topics; and WHEREAS, the need for close cooperation and collaboration between the City and CSU with regard to these kinds of issues is an ongoing one; and WHEREAS, in 1998, the City Council adopted Resolution 1998-159, authorizing the formation of a liaison committee with CSU to facilitate on-going, close communication among the policy makers and administrative staff of the City and the administration, faculty and students of CSU; and WHEREAS, in 2014, the City Council adopted Resolution 2014-118, establishing a new City of Fort Collins/CSU Leadership Committee comprised of leadership from both entities, intended to facilitate high-level communications between the two entities; and WHEREAS, Resolution 2014-118 also modified the City/CSU Liaison Committee so it is comprised of staff of the two entities, with the intent that it continue meeting on a quarterly basis to discuss operational issues, resulting in improved understanding of and cooperation in resolving student/neighborhood issues; and WHEREAS, although Council made initial appointments to the City/CSU Leadership Committee, the committee structure did not prove to be a suitable means for fostering ongoing communications and coordination by organization leaders; and WHEREAS, accordingly, Council desires to discontinue the City/CSU Leadership Committee and to instead emphasize less formal efforts to coordinate and collaborate with CUS leaders. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City/CSU Leadership Committee is hereby discontinued. Packet Pg. 117 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of May, A.D. 2021. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 118 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY May 18, 2021 City Council STAFF Jill Hueser, Chief Judge Ingrid Decker, Legal SUBJECT Resolution 2021-059 Reappointing Brandi Lynn Nieto as an Assistant Municipal Judge of the Fort Collins Municipal Court and Authorizing the Execution of an Employment Agreement. EXECUTIVE SUMMARY The purpose of this item is to reappoint Brandi Lynn Nieto as Assistant Municipal Judge for the Fort Collins Municipal Court. The City Charter provides for the appointment of judges of the Municipal Court for two (2) year terms. This will be Judge Nieto’s second term. Chief Judge Jill A. Hueser recommends that Judge Nieto be reappointed as Assistant Municipal Judge, to serve in the absence of the Chief Judge. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This Resolution reappoints Brandi Lynn Nieto as an Assistant Municipal Judge for the Fort Collins Municipal Court and authorizes the Mayor to execute an employment agreement. Chief Judge Hueser recommends this reappointment to provide adequate relief judge resources to cover vacation and sick leave as well as cases where there may be a conflict for one or more judges. Judge Nieto is a reputable and qualified attorney who has substantial experience as a Municipal Judge for other Colorado courts and has served the Fort Collins Municipal Court admirably for the last two years. Judge Nieto has been an attorney since 2003 with no disciplinary history and currently serves as a relief judge for Loveland, Longmont, and Thornton. CITY FINANCIAL IMPACTS The proposed rate of pay of $85 per hour is in line with the rate being paid by other Municipal Courts in the front range. This Assistant Municipal Judge will serve on an as -needed basis and the expense will be covered by the current Municipal Court budget. 12 Packet Pg. 119 -1- RESOLUTION 2021-059 OF THE COUNCIL OF THE CITY OF FORT COLLINS REAPPOINTING BRANDI LYNN NIETO AS AN ASSISTANT MUNICIPAL JUDGE OF THE FORT COLLINS MUNICIPAL COURT AND AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT WHEREAS, Article VII of the City Charter provides that the City Council shall appoint the judge or judges of the Municipal Court for two year terms; and WHEREAS, on May 21, 2019, the City Council appointed Brandi Lynn Nieto as an Assistant Municipal Judge as back up for Chief Judge Jill Hueser and Assistant Judge Teresa Ablao, and Judge Nieto has served admirably; and WHEREAS Judge Nieto’s current term expires on May 21, 2021, and the Chief Judge has recommended that City Council reappoint Judge Nieto for another two-year term; and WHEREAS, the City Council recognizes that Brandi Lynn Nieto is a reputable and qualified attorney and wishes to reappoint her to serve in such capacity on the recommendation of the Chief Judge. 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 Brandi Lynn Nieto is hereby appointed Assistant Municipal Judge, for a term beginning May 22, 2021, and ending May 21, 2023, to serve as an Assistant Municipal Judge for the City as deemed necessary by the Chief Judge. Section 3. That the compensation to be paid by the City to Ms. Nieto for serving in this capacity shall be at the rate of Eighty-Five Dollars ($85) per hour. Section 4. That the Mayor is hereby authorized to enter into an employment agreement in a form consistent with Exhibit “A” attached hereto and incorporated herein by this reference, for the period of May 22, 2021, through May 21, 2023, between the City and Brandi Lynn Nieto to effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of May, A.D.2021. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 120 EXHIBIT A EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this 18th day of May, 2021, by and between the City of Fort Collins, hereinafter referred to as the “City,” and Brandi Lynn Nieto, hereinafter referred to as the “Employee,” pursuant to these terms and conditions: WHEREAS, the City wishes to employ the services of the Employee as Assistant Municipal Judge and the Employee wishes to provide her services to the City in that capacity; and WHEREAS, pursuant to Resolution 2021-058 the City Council has approved of the appointment of the Employee as Assistant Municipal Judge and has authorized the Mayor to enter into an Employment Agreement; and WHEREAS, the City and the Employee desire to provide for certain procedures, benefits, and requirements regarding the employment of the Employee by the City. NOW, THEREFORE, for and in consideration of the mutual covenants and promises herein contained, the City and the Employee do hereby agree to the following: 1. Scope of Services The City agrees to employ the Employee as Assistant Municipal Judge and the Employee agrees to perform all functions and duties as specified in the job description attached hereto as Exhibit “A” and incorporated herein by reference, and to perform such other duties as might be assigned. 2. Compensation The Employee shall be compensated at the regular rate of Eighty-Five Dollars ($85.00) per hour, less deductions and withholdings required by law, or authorized by Personnel Policies and Procedures, or authorized by the Employee. The Court Administrator, in coordination with the Employee, shall maintain and submit to the City a time sheet showing all hours worked prior to any payment therefor. All payments shall be made within thirty (30) days of receipt of said time sheet. This position shall be considered exempt for the purposes of the Fair Labor Standards Act and applicable state laws; accordingly, the Employee shall not be eligible for overtime pay. 3. Term of Employment (a) The term of this Agreement shall be from May 22, 2021, to and including May 21, 2023. Nothing contained in this Agreement shall preclude renegotiation of this Agreement prior to the expiration of its term. A Packet Pg. 121 Attachment: Exhibit A (10267 : Reappointing Judge Nieto RESO) EXHIBIT A Brandi Lynn Nieto Employment Agreement May 18, 2021 Page 2 of 5 (b) It is understood and agreed to by the Employee that upon termination of this Agreement, either under this paragraph or under the provisions of Paragraph 4 hereof, the Employee shall not be entitled to any amount of additional compensation, as severance pay or otherwise, other than as provided in Paragraphs 2 and 6 of this Agreement. 4. Early Termination (a) Either party may terminate this Agreement at any time with or without cause prior to the expiration of the term hereof by providing written notice of termination to the other party at least fifteen (15) calendar days prior to the date of early termination. The City may, at its discretion, provide the Employee with fifteen (15) calendar days' compensation at her regular rate in lieu of such notice. Such notice shall be deemed effective upon personal delivery or as of the date of deposit into the United States mail, postage prepaid, addressed as follows: TO THE EMPLOYEE: Brandi Lynn Nieto At last known address on file with the Human Resources Department TO THE CITY: City of Fort Collins, Colorado Chief Judge Jill A. Hueser P.0. Box 580 Fort Collins, CO 80522 (b) The City has appropriated funds in the current fiscal year to meet the obligations of this Agreement through the current fiscal year. This Agreement shall terminate at the end of the City’s current fiscal year if the City does not, prior to the end of the current fiscal year, appropriate funds for the subsequent fiscal year with which to meet its obligation under this Agreement in the subsequent fiscal year. The parties acknowledge that the City has made no promise to continue to appropriate funds beyond the current fiscal year. 5. Insurance Coverage; Vacation, Holiday and Sick Leave The Employee shall not be entitled to the medical insurance plans, dental insurance plans, vision plan, life and accidental death and dismemberment insurance plans, long term disability plan, an Employee Assistance Program, retirement or deferred compensation plans, or any other group insurance plan or other benefits that may be offered to some other City employees. The Employee shall not be entitled to paid vacation time, paid holiday time, paid short-term disability leave, or any other sort of paid leave as may be available to some other City employees except that the Employee shall be credited for and is entitled to receive those sick leave benefits provided to hourly City employees. A Packet Pg. 122 Attachment: Exhibit A (10267 : Reappointing Judge Nieto RESO) EXHIBIT A Brandi Lynn Nieto Employment Agreement May 18, 2021 Page 3 of 5 6. Applicability of Personnel Policies (a) The Employee hereby acknowledges receipt of the City’s Personnel Policies and Procedures and the City Council-adopted Respectful Workplace Policy and agrees that she shall comply with and be bound by all provisions that apply to contractual employees. The Employee acknowledges that the City may in its sole discretion amend, modify, supplement, rescind or otherwise change any and all policies and procedures in the Personnel Policies and Procedures and the Respectful Workplace Policy adopted by the City Council at any time. (b) Although the City’s Personnel Policies and Procedures and the City Council- adopted Respectful Workplace Policy contain examples of types of disciplinary action including dismissal and examples of misconduct, it is understood and agreed by the Employee that the City is not required to take any disciplinary action whatsoever or follow any sort of disciplinary procedures prior to terminating this Agreement pursuant to paragraphs 3 and 4 above. In the event the City, in its sole discretion, decides to undertake disciplinary action, the City may discontinue such action at any time and at no time waives its right to terminate this Agreement pursuant to paragraphs 3 and 4 above. In the event that any applicable personnel policies set forth in the City’s Personnel Policies and Procedures or the City Council-adopted Respectful Workplace Policy are inconsistent or conflict with the terms of this Agreement, then the terms of this Agreement shall be controlling. 7. Proprietary Rights (a) The Employee will disclose to the City promptly all improvements, discoveries, ideas, inventions, and information pertinent to the operation or functions of the City which the Employee may develop either individually or in conjunction with others, or of which existence the Employee may otherwise learn during the period of employment by the City. (b) The Employee agrees that all products which she may develop during the Employee's employment, whether individually or in conjunction with others, and all intermediate and partial versions thereof, as well as all materials, flow charts, notes, outlines and the like created in connection therewith (collectively referred to as “Work Product”), and any formulae, processes, logarithms, ideas and other information not generally known to the public, whether or not protected by copyright, and developed or generated by the Employee in the course of the Employee's employment hereunder, shall be the sole property of the City upon their creation or, in the case of copyrightable works, fixation in a tangible medium of expression. (c) The Employee hereby assigns to the City the sole and exclusive right, title and interest in and to all Work Product, and all copies of such Work Product, without further consideration. The A Packet Pg. 123 Attachment: Exhibit A (10267 : Reappointing Judge Nieto RESO) EXHIBIT A Brandi Lynn Nieto Employment Agreement May 18, 2021 Page 4 of 5 Employee further acknowledges that the City shall retain ownership of and the right to reproduce, market, license, or otherwise distribute any program or material produced by the Employee under the terms of this Agreement. 8. Entire Agreement This Agreement constitutes the entire agreement between the parties concerning the rights granted herein and the obligations assumed herein. Any oral representation or oral modification concerning this Agreement shall be of no force or effect. Although the personnel policies set forth in the City's Personnel Policies and Procedures and the City Council-approved Respectful Workplace Policy may be amended, modified, supplemented or rescinded at any time at the sole discretion of the City, the terms of this Agreement can be modified only by a writing signed by the parties hereto. It is further understood and agreed by the Employee that no representation, promise or other agreement not expressly contained herein has been made to induce the execution of this Agreement, and that the terms of this Agreement are contractual and not merely recitals. 9. Enforcement of Agreement; Attorneys' Fees and Costs If any action is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which it or she is entitled. 10. Severability Should any provision, part or term of this Agreement be declared or determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, then the legality, validity and enforceability of the remaining parts, terms and provisions should not be affected thereby and said illegal, invalid or unenforceable part, provision or term shall be deemed not to be part of this Agreement. 11. Binding Effect This Agreement shall be binding upon the parties hereto and the heirs, successors and assigns of each respectively. The City and the Employee freely and voluntarily enter into this Agreement and have executed this Agreement having first read the same and intending to be bound. A Packet Pg. 124 Attachment: Exhibit A (10267 : Reappointing Judge Nieto RESO) EXHIBIT A Brandi Lynn Nieto Employment Agreement May 18, 2021 Page 5 of 5 CITY OF FORT COLLINS, COLORADO, a municipal corporation By: Jeni James Arndt, Mayor ATTEST: City Clerk APPROVED AS TO FORM: Senior Assistant City Attorney EMPLOYEE: Brandi Lynn Nieto, Esq. APPROVED: Chief Human Resources Officer APPROVED: Chief Judge Jill A. Hueser A Packet Pg. 125 Attachment: Exhibit A (10267 : Reappointing Judge Nieto RESO) EXHIBIT A EXHIBIT A JOB DESCRIPTION FOR THE ASSISTANT MUNICIPAL JUDGE The Assistant Municipal Judge shall handle arraignment sessions and trial sessions of the Fort Collins Municipal Court on the dates and times agreed upon with the Chief Judge. During arraignment sessions (including video advisements of prisoners held at the Larimer County Jail), the Assistant Municipal Judge shall give the advisements (or ensure that written advisements have been reviewed and signed by defendants), accept pleas of “guilty” and “no contest,” and process paperwork as requested by the Chief Judge or Court Administrator. During trial sessions, the Assistant Municipal Judge shall conduct the trials in accordance with the laws and procedures applicable to the Court. A Packet Pg. 126 Attachment: Exhibit A (10267 : Reappointing Judge Nieto RESO) Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY May 18, 2021 City Council STAFF Elizabeth Blythe, Senior Public Engagement Coordinator Delynn Coldiron, City Clerk Carrie Daggett, City Attorney SUBJECT Resolution 2021-060 Making Board and Commission Liaison and Council Committee Assignments and Making Appointments to Various External Boards and Authorities. EXECUTIVE SUMMARY The purpose of this item is to make Councilmember liaison assignments to City boards and commissions and Council committees as well as make appointments to external boards and authorities on behalf of the City. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This item is for Council to discuss the various City board and commission Council liai son assignments and Council committee appointments. During the Council Retreat on May 8, 2021, this item was discussed, and this Resolution will adopt liaison and committee assignments. In addition, this Resolution also assigns Councilmembers to numerous cooperative and external authorities, boards, committees and groups, as listed. The assignments remain in effect until modified and provide that if any Councilmember should leave office prior to a change in appointment, the new incumbent in that Council seat will automatically assume the predecessor’s assignments until Council has acted on subsequent assignments. The Resolution also describes the role and function of assigned alternates. 13 Packet Pg. 127 -1- RESOLUTION 2021-060 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING BOARD AND COMMISSION LIAISON AND COUNCIL COMMITTEE ASSIGNMENTS AND MAKING APPOINTMENTS TO VARIOUS EXTERNAL BOARDS AND AUTHORITIES WHEREAS, the City Council appoints Councilmembers to serve as liaisons to the City’s boards and commissions and appoints Councilmembers to established Council committees; and WHEREAS, the City Council is also desirous of appointing representatives to certain other organizations of which the City is a member; and WHEREAS, City Council has determined that it will be beneficial to assure that these appointments are assumed by the successors-in-office for any Council seats vacated before new appointments are made; and WHEREAS, Council has further determined that appointing alternate members to all Council committees will assist with effective functioning of these committees, as described below. 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 all appointments set forth herein shall continue until such time as Council may reconsider and modify the same, unless an individual appointee leaves office, in which event the appointment shall immediately terminate. Section 3. That the following named Councilmembers are hereby appointed to serve as the Council liaison to the following City boards and commissions: BOARD OR COMMISSION LIAISON AFFORDABLE HOUSING BOARD Emily Gorgol AIR QUALITY ADVISORY BOARD Julie Pignataro ART IN PUBLIC PLACES BOARD Tricia Canonico BUILDING REVIEW COMMISSION Shirley Peel CITIZEN REVIEW BOARD Julie Pignataro CULTURAL RESOURCES BOARD Susan Gutowsky DISABILITY ADVISORY BOARD Jeni Arndt ECONOMIC ADVISORY BOARD Shirley Peel ENERGY BOARD Tricia Canonico GOLF BOARD Jeni Arndt HISTORIC PRESERVATION COMMISSION Susan Gutowsky Packet Pg. 128 -2- HUMAN RELATIONS COMMISSION Emily Gorgol HUMAN SERVICES AND HOUSING FUND BOARD Tricia Canonico LAND CONSERVATION & STEWARDSHIP BOARD Kelly Ohlson LAND USE REVIEW COMMISSION Shirley Peel NATURAL RESOURCES ADVISORY BOARD Julie Pignataro PARKING ADVISORY BOARD Julie Pignataro PARKS AND RECREATION BOARD Jeni Arndt PLANNING AND ZONING COMMISSION Emily Gorgol RETIREMENT COMMITTEE Kelly Ohlson SENIOR ADVISORY BOARD Susan Gutowsky TRANSPORTATION BOARD Emily Gorgol WATER COMMISSION Jeni Arndt WOMEN’S ADVISORY BOARD Julie Pignataro YOUTH ADVISORY BOARD Emily Gorgol Section 4. That the following named Councilmembers are hereby appointed to serve on the following Council Committees: COUNCIL ELECTION CODE COMMITTEE Jeni Arndt Kelly Ohlson Tricia Canonico Julie Pignataro (Alternate) COUNCIL ETHICS REVIEW BOARD Jeni Arndt Julie Pignataro Susan Gutowsky Tricia Canonico (Alternate) COUNCIL FINANCE COMMITTEE Emily Gorgol Julie Pignataro Kelly Ohlson Shirley Peel (Alternate) COUNCIL FUTURES COMMITTEE Emily Gorgol Jeni Arndt Susan Gutowsky Tricia Canonico (Alternate) Packet Pg. 129 -3- LEGISLATIVE REVIEW COMMITTEE Jeni Arndt Tricia Canonico Shirley Peel Susan Gutowsky (Alternate) Section 5. That the role and function of the Alternate appointed to the Council committees in Section 4 are as follows: (a) attend a Committee meeting (if available) at the request of a Committee member who is unable to attend; and (b) attend and participate in a Committee meeting at the request of City staff when a Committee member has become unable to attend and the Committee has time-sensitive matters to consider. Section 6. That the following named Councilmembers are hereby appointed to serve on the following Council authorities: DOWNTOWN DEVELOPMENT AUTHORITY Susan Gutowsky Jeni Arndt (Alternate) HOUSING CATALYST Emily Gorgol Section 7. That the following named Councilmembers are hereby appointed to serve as representatives on the following boards, committees and councils: BOXELDER BASIN REGIONAL STORMWATER AUTHORITY SELECTION COMMITTEE Emily Gorgol Julie Pignataro COLORADO MUNICIPAL LEAGUE (CML) POLICY COMMITTEE Tricia Canonico Shirley Peel DISASTER COUNCIL (Mayor) Jeni Arndt FORFEITED PROPERTY DISPOSITION COMMITTEE (Mayor or designee) Jeni Arndt Packet Pg. 130 -4- LARIMER COUNTY BEHAVIORAL HEALTH POLICY COUNCIL Susan Gutowsky Emily Gorgol (Alternate) LIBRARY TRUSTEE SELECTION COMMITTEE Emily Gorgol Julie Pignataro NORTH FRONT RANGE METROPOLITAN PLANNING COUNCIL (MPO) Jeni Arndt Tricia Canonico (Alternate) NORTH FRONT RANGE WASTESHED POLICY GROUP Kelly Ohlson Susan Gutowsky NORTH I-25 COALITION Jeni Arndt NORTH I-25 COALITION WORKING GROUP: I-25 FUNDING COMMITTEE Jeni Arndt NORTHERN COLORADO AIRPORT COMMITTEE Jeni Arndt NORTHERN COLORADO AIRPORT SELECTION COMMITTEE Jeni Arndt Julie Pignataro PLATTE RIVER POWER AUTHORITY Jeni Arndt (Mayor Director per Organic Contract) has designated Julie Pignataro Darin Atteberry POUDRE FIRE AUTHORITY BOARD OF DIRECTORS Emily Gorgol Susan Gutowsky POUDRE HERITAGE ALLIANCE Julie Pignataro POUDRE SCHOOL DISTRICT LIAISON COMMITTEE Emily Gorgol Susan Gutowsky Packet Pg. 131 -5- REGIONAL TRANSPORTATION COORDINATION TASK FORCE POLICY ADVISORY COMMITTEE Jeni Arndt REGIONAL WATER COLLABORATION STEERING COMMITTEE Kelly Ohlson Shirley Peel Section 8. That the role and function of the Alternates appointed in Section 6 and Section 7 shall be as described in the governing documents of the relevant body, or if no such description is applicable, shall be to attend and participate in meetings of the relevant body on behalf of the City at the request of and in the place of the assigned Councilmember. Passed and adopted at a regular meeting of the Council of the City of Fort C ollins this 18th day of May, A.D. 2021. ______________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 132 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY May 18, 2021 City Council STAFF JC Ward, Senior Planner Kyle Stannert, Deputy City Manager Sue Beck-Ferkiss, Social Policy and Housing Programs Manager Claire Havelda, Legal SUBJECT Resolution 2021-061 Expressing Council’s Intent to Provide Funding to Assist with the Resident Purchase of Hickory Village Mobile Home Park and Directing Development of a Process for Evaluating and Potentially Supporting Similar Future Opportunities. EXECUTIVE SUMMARY The purpose of this item is to demonstrate financial support towards a potential resident purchase of Hickory Mobile Home Park. This Resolution expresses Council’s intent to commit $200,000 of City Funds to support residents of Hickory Village Mobile Home Park (MHP) with assistance such as down payment assistance or rent stabilization in support of a Hickory Village resident-owned community (ROC). If the ROC successfully secures financing, makes an officer to purchase the park and an agreement addressing the use of th e funding by the City is reached, staff will present for consideration at a future meeting a formal appropriation ordinance. On March 3, 2021, the owner of Hickory Village MHP agreed to sell the park to a corporate operator. According to state law, the potential sale triggered a 90-day window for residents to make an offer to purchase the park and become a ROC. With the support of Thistle, a non-profit affordable housing organization which provides technical assistance and helps arrange financing for ROC’s in Colorado, the Hickory Village community has formed a co-op and elected a Leadership Board to pursue financing and resident purchase of the MHP. Staff from Neighborhood Services and Planning Departments have been involved in neighborhood engagement alongside Thistle. Even with the high purchase price ($23 million) and short timeline, Hickory Village residents and Thistle staff have expressed a desire for local support for the formation of a ROC. At the work session on April 13, 2021, Council directed staff to prepare this Resolution and consult with the Council Finance Committee for their recommendation, which occurred on April 19, 2021 and aligned with the overall Council feedback for the item. The Resolution also directs the City Manager to develop and provide to Council for discussion at a July work session a process for considering and responding to future opportunities to assist with resident purchases. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION City Financial Commitment Thistle and the Hickory Village co-op Leadership Board are continuing their efforts to arrange financing and submit an offer to purchase the Hickory Village MHP. At the Council work session held on April 13, 2021 and 14 Packet Pg. 133 Agenda Item 14 Item # 14 Page 2 Council Finance Committee held on April 19, 2021 meetings, there was interest in providing financial support up to $200,000 to support the formation of a resident-owned community. Staff has learned that a commitment of future funds during the 90 -day opportunity to purchase window is sufficient to bolster Thistle’s efforts to prepare a financial package with its national funding partners to submit a resident offer to purchase. At this time, staff is only bringing forward a resolution to indicate the City’s intent to provide up to $200,000 in financial resources to support a Hickory Village resident -owned community, subject to appropriation of funds by the City Council. If the resident offer to purchase the Hickory Village MHP is accepted, a formal appropriation will be pr esented to Council. Staff anticipates any City financial resources would be used for assistance such as to support down payment assistance or rent stabilization in the formation of the new resident-owned community as previously discussed with Council and the Council Finance Committee. Hickory Village Sale Status and Timeline Hickory Village is one of nine MHP’s in Fort Collins and contains approximately 200 manufactured housing units, a majority of which are owned by their residents. In early March, resid ents and the City received notification from the owner of the intent to sell the property to a buyer for a purchase price of $23 million. Recently passed state legislation requires the owner to provide residents and the City a 90 -day advance notice of the sale of an MHP and provides the opportunity for residents to submit their own offer to purchase the property, potentially leading to a resident owned community. The decision to pursue resident ownership requires the support of a large majority of Hicko ry Village residents as well as the ability to organize a cooperative, arrange financing, and submit an offer to the current owner. Timing is an especially critical aspect to any potential resident ownership decision, as residents and partners have as few as 90 days from the original notice of the intent to sell (March 3, 2021) to complete these tasks. Thistle, a ROC technical assistance provider, is meeting with Hickory Village residents and local partners to provide information about resident ownership and to ascertain what level of interest residents at Hickory Village may have in the idea of a resident ownership proposal. Key dates in the timeline thus far include: ▪ March 3: Notice of sale mailed/posted for residents; trigger date for state required 9 0-day notice and opportunity to purchase period. ▪ March 9: The City receives mailed notice of intent to sell Hickory Village. ▪ March 15: Staff met with Mi Voz Leaders’ Council to discuss fears and outline potential paths forward. Resident leaders had a strong interest in becoming a ROC. ▪ March 18: Staff met with Thistle to discuss the feasibility and process of Hickory Village becoming a ROC. ▪ March 25: Thistle hosted a neighborhood meeting with 45 Hickory Village residents to provide information and resources on becoming a ROC. ▪ April 3: Thistle hosted a follow-up neighborhood meeting with 125 Hickory Village residents to provide information and resources on becoming a ROC. The residents have formed an interim Leadership Board and are continuing pursuit of ownership. ▪ April 13: City Council Work Session ▪ April 19: Council Finance Committee discussion and recommendation ▪ June 1: The end of the state-required 90-day notification period and the earliest a sale of the property to another buyer could be completed. Strategic Alignment • Strategic Outcome - Neighborhood Livability & Social Health 1.1 Improve and increase availability and choice of quality housing that is affordable to a broad range of income levels. • Strategic Outcome - Neighborhood Livability & Social Health 1.4 Advance equity for all, leading with race, so that a person’s identity or identities is not a predictor of outcomes. 14 Packet Pg. 134 Agenda Item 14 Item # 14 Page 3 • Strategic Outcome - Neighborhood Livability & Social Health 1.5 Enhance the quality of life in neighborhoods, empower neighbors to solve problems, and foster respectful relations. • Strategic Outcome - Neighborhood Livability & Social Health 1.8 Preserve and enhance manufactured housing communities as a source of affordable housing and create a safe and equitable environ ment for residents. Resident Owned Communities (ROC) Overview Resident owned communities are a growing trend that gives manufactured housing residents greater control over the rules, operations, maintenance, and monthly lot rent within their neighborhood . ROC’s often form when an existing MHP is for sale as residents form a cooperative to own and operate the overall community. Residents still own their individual units, but they also have a share in the larger cooperative which sets park rules and lot rent which can be better aligned with the needs and priorities of its resident owners. While a growing trend, resident ownership can be difficult to achieve for a variety of reasons: ▪ An existing MHP owner must be a willing seller and a large percentage of residents must agree to participate to form the cooperative and submit a competing offer. ▪ In Colorado, MHP residents and ROC partners often have a limited time window to organize and find the necessary financing. ▪ MHP’s are increasingly viewed as investment properties and residents and ROC partners must often compete against large corporations and private equity firms to purchase a community. ▪ Certain park characteristics may be needed to form a ROC, such as a minimum number of units, high resident ownership rates, and acceptable infrastructure conditions. ▪ Although ROC’s typically stabilize rent long-term, at the time of conversion there may be a large one-time increase in rental prices. Colorado ROC Trends ROC’s are in operation across the country, with larger concentrations in the Northeast and Pacific Northwest. ROC’s are relatively new to Colorado with several formed in the past several years in Canon City and Longmont. Based on media reports and information from Thistle, several aspects appear to be common to the formation of Colorado ROC’s thus far: ▪ Subsidies, grants, and other financial partnerships are often involved as part of financing a ROC. In Colorado, this amount has been close to 25% of the purchase price. These grants, no/low interest loans or other subsidies are typically used to help keep rents lower upon the transition to resident ownership. Key partners in previous deals have included the Colorado Division of Housing, Colorado Health Foundation, and the support of other local partners or jurisdictions where the MHP is located. ▪ Residents have a buy-in amount to help form the cooperative. The maximum buy-in amount is typically limited to a maximum of $1,000 per household. ▪ The overall process for resident ownership generally takes 90-150 days. While it can extend longer, recent Colorado legislation only requires a minimum of a 90 -day sale notice and opportunity to purchase. As of May 18, the Hickory Village sale is 76 days into this timeline. Summary of Colorado Mobile Home Park Act Section 38-12-217 • MHP owners are required to provide notice of their intent to sell to all tenant homeowners and the municipality or county where the park is located. • Within 14 days of the MHP owner listing the park for sale, they must provide notice to each tenant homeowner, any homeowners association, the municipality or county where the park is located, and the Colorado Division of Housing. 14 Packet Pg. 135 Agenda Item 14 Item # 14 Page 4 • Within 14 days of a MHP owner intending to make a final, unconditional acceptance of an offer for the sale or transfer of the park, they must give notice to each tenant homeowner, any homeowners association, the municipality or county where the park is located, and the Colorado Division of Housing. • After each notice above, a MHP owner must give tenant homeowners a 90-day opportunity to make an offer to purchase the park. MHP owners must negotiate in good faith with any group or association of homeowners or their assignees who submits an offer to buy the park. Violations of state law for Mobile Home Park Act Oversight or Residents’ Right to Purchase are enforced by the Department of Local Affairs Mobile Home Park Oversight Program, which began in May 2020. Under Colorado Revised Statutes Section 38-12-217(15), neither the Colorado Department of Local Affairs (DOLA) nor the Administration Courts are authorized to stop or delay the sale of a park due to Residents’ Right to Purchase, even in cases of violations of the notice requirements or lack of good faith negotiation from the MHP owner with residents. ROC Benefits ROC’s stabilize rent for residents (after initial increases at the time of purchase) and maintain rent at or below the rents of nearby commercially owned communities, due to the absence of a profit margin in community costs. Additionally, ROC members sign perpetual leases, meaning they can live in the ROC as long as they choose so long as they pay rent and follow the rules. Therefore, ROC’s serve as one method of securing affordable housing options, while providing residents with collective decision -making power regarding park rules and community initiatives. These attributes align ROC's with City policy goals for affordable housing, residents’ rights, and manufactured housing preservation. Increased housing stability is part of the vision of the City’s Housing Strategic Plan that everyone has healthy stable housing they can afford. A ROC also helps meet Council and City priorities for the preservation of manufactured housing and stabilizing residents’ housing. As owners of the land underneath their homes, residents have the direct input and control over the future of the property they traditionally lack when living within a non -resident owned community. A sale and potential closure of the property in a ROC could only occur through the consent of its resident owners. The direct resident decision-making authority of a ROC provides an enhanced layer of protections and preservation support beyond the City’s recent adoption of a manufactured housing zone district. CITY FINANCIAL IMPACTS The current Resolution expresses the Council’s intent to commit $200,000 in City funding through an appropriation, contingent on the offer to purchase by Hickory Village Mobile Home Park residents to become a resident-owned community and acceptance by the current property owner prior to the statutory deadline. Should conditions be met, staff will return to Council with an appropriation ordinance and details about available funding sources. BOARD / COMMISSION RECOMMENDATION On April 19, 2021, Council Finance Committee recommended bringing this resolution forward to Council. (Attachment 2) PUBLIC OUTREACH This Resolution comes after significant community engagement work conducted by both community partner, La Familia, in organizing the Mi Voz mobile home park residents’ gro up, and the City’s Mobile Home Park Residents’ Rights Team in outreach, relationship-building, and training sessions ongoing since 2019. 14 Packet Pg. 136 Agenda Item 14 Item # 14 Page 5 ATTACHMENTS 1. Work Session Summary (PDF) 2. Council Finance Committee Minutes (draft) (PDF) 3. Powerpoint Presentation (PDF) 14 Packet Pg. 137 City Manager’s Office PO Box 580 300 LaPorte Ave. Fort Collins, CO 80522 970.221.6505 970.224.6107 – fax fcgov.com MEMORANDUM DATE: April 16, 2021 TO: Mayor Troxell and City Councilmembers THRU: Darin Atteberry, City Manager FROM: Kyle Stannert, Deputy City Manager RE: April 13, 2021 Work Session Summary – Hickory Village Mobile Home Park Sale At the April 13th City Council Work Session, staff provided an update on the proposed sale of the Hickory Village Mobile Home Park and efforts by park residents and Thistle to submit an offer to purchase the park and become a Resident Owned Community (ROC). The session focused on the city’s role as a convener in the process of forming ROCs in the short term and reviewed opportunities to support affordable housing efforts in mobile home communities in the long term. All councilmembers were present for the virtual discussion as well as Andy Kadlec, a program director from Thistle, who provided information on Thistle’s involvement in the process. DISCUSSION SUMMARY: Council's discussion ranged across several questions, ideas, and concerns. Specific items included: Inquiries about the level of interest and participation of Hickory Village residents towards making an offer to purchase the park, and what types of role Thistle, a non-profit technical assistance provider, is providing in the process. Questions about the how financing a ROC is typically arranged and what types of resources other jurisdictions and partners have provided in support of ROCs (e.g., grants, loans, or other federal/state funding resources). Concern about any potential risks to the City if financial assistance is provided, as well as the limited timeline to consider and develop a deal. Questions about the history and funding provided by the City’s prior down payment assistance program. Ideas and questions about other types of long-term solutions to support ROCs, such as proactive communication to residents about the process, application of city programs such as broadband equity and Epic Home programs, what role Housing Catalyst could provide, or if the City itself should consider owning and operating a park. ATTACHMENT 1 14.1 Packet Pg. 138 Attachment: Work Session Summary (10272 : Hickory Village Mobile Home Park Funding Commitment) April 13, 2021 Council Work Session Summary Page 2 Hickory Village Mobile Home Park Sale COUNCIL DIRECTION: Need to be clear about how any financial involvement from the City contributes towards policy goals for affordable housing and preservation. In the short term, the Hickory Village sale and the opportunity for a ROC is a learning experience and staff should continue to provide information, education, and convene stakeholders and partners during the process. The City could consider financial assistance options in both the Hickory Village example in the short term, and opportunities for programs that align with the Housing Strategic Plan. Staff will meet with Thistle to determine potential resource amounts and how assistance is best applied. Examples include deferred rent funds to help limit immediate increases in lot rents, a subordinate financing position, providing closing/legal costs, or grants. Long term strategies should be developed to operationalize partnerships and financial efforts for future mobile home park sales and closures. Given the limited timeline to provide assistance, the City needs to have more proactive measures and guidance in place. Efforts should continue for capacity building in parks and to enhance local enforcement of state laws. NEXT STEPS: Staff is planning to provide an update and additional information on potential financial assistance options at the next Council Finance Meeting on April 19, 2021. 14.1 Packet Pg. 139 Attachment: Work Session Summary (10272 : Hickory Village Mobile Home Park Funding Commitment) Finance Administration 215 N. Mason 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6788 970.221.6782 - fax fcgov.com Finance Committee Meeting Minutes April 19, 2021 10 am - noon Zoom Meeting Council Attendees: Mayor Wade Troxell, Ken Summers, Ross Cunniff, Susan Gutowsky Staff: Darin Atteberry, Kelly DiMartino, Kyle Stannert, Travis Storin, Carrie Daggett, John Duval, Tyler Marr, Lance Smith, Caryn Champine, JC Ward, Noelle Currell, Ryan Mounce, Tim Dailey, Meaghan Overton, Jackie Kozak-Thiel, Victoria Shaw, Sue Beck-Ferkiss, Leo Escalante, Blaine Dunn, Dave Lenz, Jo Cech, Zack Mozer, Jordan Granath, Carolyn Koontz Others: Joe Rowan Joshua Stallings Patricia Miller - Thistle ____________________________________________________________________________________ Meeting called to order at 10:04 am Mayor Troxell; I would like to note for the record that I have conferred with the City Manager and the City Attorney and have determined that the Committee should conduct this meeting remotely because meeting in person would not be prudent for some or all persons due to a current public health agency recommendation. Approval of Minutes from the March 15, 2021 Council Finance Committee Meeting. Ross Cunniff moved for approval of the minutes as presented. Ken Summers seconded the motion. Minutes were approved unanimously via roll call by Ken Summers, Ross Cunniff and Mayor Troxell. Hickory Village Mobile Home Park Resident Owned Community (ROC) Funding Kyle Stannert, Deputy City Manager Sue Beck-Ferkiss, Social Policy and Housing Program Manager, Social Sustainability JC Ward, Sr. City Planner, CDNS Ryan Mounce, City Planner, CDNS EXECUTIVE SUMMARY The purpose of this item is to provide an update on the potential for Hickory Village Mobile Home Park (MHP) to become a resident owned community (ROC) and to seek feedback from the Council Finance Committee members on the desired level of City engagement in that process. ATTACHMENT 2 14.2 Packet Pg. 140 Attachment: Council Finance Committee Minutes (draft) (10272 : Hickory Village Mobile Home Park Funding Commitment) 2 On March 3, 2021, the owner of Hickory Village MHP agreed to sell the park to a corporate operator. According to state law the potential sale triggered a 90-day window for residents to make an offer to purchase the park and become a ROC. Neighborhood meetings with the Hickory Village community have revealed that there is strong support to pursue this. Staff from CMO, Community Development and Neighborhood Services, and Social Sustainability Departments met with representatives from Thistle, a non-profit affordable housing organization, which provides technical assistance and helps arrange financing for ROC’s in Colorado. With the high purchase price ($23 million) and short timeline, Thistle staff have expressed a desire for local support for the formation of a ROC. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Does financial support of resident owned communities of mobile home parks align with the City’s strategic goals for affordable housing? Should the City engage in discussions to be a financial partner in support of a potential purchase of Hickory Village in the event residents move forward with an offer to purchase the mobile home park? BACKGROUND/DISCUSSION Hickory Village Sale Status & Timeline Hickory Village is one of nine MHP’s in Fort Collins and contains approximately 200 manufactured housing units, a majority of which are owned by their residents. In early March, residents and the City received notification from the owner of the intent to sell the property to a buyer for a purchase price of $23 million. Recently passed state legislation requires a 90-day advance notice of the sale of an MHP and provides the opportunity for residents to submit their own offer to purchase the property, potentially leading to a resident owned community. The City’s Housing Strategic Plan also contains a transformational strategy to allow tenant right of first refusal/offer for cooperative ownership of multifamily or manufactured housing community. The decision to pursue resident ownership requires the support of a large majority of Hickory Village residents as well as the ability to organize a cooperative, arrange financing, and submit an offer to the current owner. Timing is an especially critical aspect to any potential resident ownership decision, as residents and partners have as few as 90 days from the original notice of the intent to sell (March 3, 2021) to complete these tasks. Thistle, a ROC technical assistance provider, is meeting with Hickory Village residents and local partners to provide information about resident ownership and to ascertain what level of interest residents at Hickory Village may have in the idea of a resident ownership proposal. Key dates in the timeline thus far include: ▪ March 3: Notice of sale mailed/posted for residents; trigger date for state required 90-day notice and opportunity to purchase period. ▪ March 9: The City receives mailed notice of intent to sell Hickory Village. ▪ March 15: Staff met with Mi Voz Leaders’ Council to discuss fears and outline potential paths forward. Resident leaders had a strong interest in becoming a ROC. ▪ March 18: Staff met with Thistle to discuss the feasibility and process of Hickory Village becoming a ROC. ▪ March 25: Thistle hosted a neighborhood meeting with 45 Hickory Village residents to provide information and resources on becoming a ROC. ▪ April 3: Thistle hosted a follow-up neighborhood meeting with 125 Hickory Village residents to provide information and resources on becoming a ROC. The residents have formed an interim leadership board and are continuing pursuit of ownership. 14.2 Packet Pg. 141 Attachment: Council Finance Committee Minutes (draft) (10272 : Hickory Village Mobile Home Park Funding Commitment) 3 ▪ June 1: The end of the state-required 90-day notification period and the earliest a sale of the property to another buyer could be completed. Considerations for the City Potential short-term City roles for Hickory Village MHP Sale • Take no action: City staff would not actively participate in this process other than to direct inquiries regarding this process to agencies involved. • Be a convener: The City’s Neighborhood Services and CPIO departments can provide engagement support; connecting residents, community partners such as Housing Catalyst, The Family Center-La Familia and Thistle, and park owners (if/when appropriate). • Be a convener and financial partner: The City can provide engagement as described above, as well as financial support. o Financial support would be used to avoid steep increases in rent due to the purchase. o Significant investment would be necessary to keep park lot rents affordable. Without subsidy, rent increases would likely be several hundred dollars a month. Potential long-term City roles City staff could create a program to assist in future conversions to ROC’s. This may include supporting residents in the formation of residents’ associations and the creation of a plan for becoming resident-owned should the opportunity arise. City staff can also continue their engagement with property owners, ensuring they fully understand state laws regarding MHP sales and are aware of all selling options. Other financial support considerations could be explored to include creation of a grant, loan, or other funding program to prepare for future MHP sales. Discussion / Next Steps: GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Does financial support of resident owned communities of mobile home parks align with the City’s strategic goals for affordable housing? Should the City engage in discussions to be a financial partner in support of a potential purchase of Hickory Village in the event residents move forward with an offer to purchase the mobile home park? Mayor Troxell; I am fully supportive of helping and encouraging resident owned communities. Housing Catalyst affordable housing - adding this to an expectation portfolio Kyle Stannert; Housing Catalyst’s role in this would be to come in and purchase as opposed to supporting someone else’s purchase – there is already a party moving forward with an offer in – the ROC is a potential party –there is a legal restriction that would keep Housing Catalyst from coming in and joining Mayor Troxell; if we roll it back one year and say we recognize that manufactured housing and mobile home parks are a form of affordable housing that we want to support as a community - asking Housing Catalyst to add this to their portfolio Sue Beck-Ferkiss; we have reached out to Housing Catalyst specific on this project and they said it would not be appropriate for them to interfere with a sale that the residents were trying to accomplish - we did not talk with them about their general feelings about managing manufactured housing communities. I am happy to circle back with them. In the past, for example in Boulder, the housing authority held it as an 14.2 Packet Pg. 142 Attachment: Council Finance Committee Minutes (draft) (10272 : Hickory Village Mobile Home Park Funding Commitment) 4 interim play, the city purchased it and had the housing authority manage the project while it was becoming something else – so more in a transition role than a permanent role. Mayor Troxell; I think Housing Catalyst should also have a goal of housing ownership in their portfolio and I think this plays to that - one thing that concerns me is needed improvements – a lot of the properties need improvements; safety issues / tree trimmings / water distribution systems / not having sub metering /connectivity broadband issues / energy. How do we accomplish those outcomes in the zone district going forward? Is it always the owner of the property and not the tenants – like we have seen with our EPIC program – cracking the nut between the landlord and the rent payer - if it is not owned by the residents themselves - how do you get property improvements? I am assuming they have appropriate wastewater systems as well as water supply - Zooming out and thinking of this more broadly – I am a supporter of ownership and moving in that direction – how can we support that through mechanisms we have set up to provide for affordable housing - Housing Catalyst. How do we ensure property improvements over time whether they be resident owned or landlord owned? Health, safety efficiency – city stated policies Kyle Stannert; there are a number of things in the works – committed to Council around some are zoning related – local enforcement - what makes the communities more livable for residents – that is in the pipeline - staff will continue to work on that. The Hickory Village situation is a great opportunity to inform what does it look like when a sale comes up Mayor Troxell; I do not want it to be lost - I am thinking about an overall approach to resident owned communities for affordable housing - all of these things play a role into that - how do you get to that? As Ken mentioned – why don’t we just purchase the property? How do we ensure that we meet livability standards – keep it affordable - we have pieces, but it needs to be executed in a way that achieves a 10–20-year outcome -not just bits and pieces Ken Summers; this is a challenging situation - if the city were to be involved financially - Ross had mentioned in our Work Session – a down payment then an allocation of a grant for energy efficiency. If the city were to make a commitment – I am in favor of the idea of saying if the residents are able to successfully purchase the property, then the city ‘s contribution would be initially toward some energy efficiency, property health and safety issues. It would be a contribution to our environmental goals and help provide some targeted funding to address those improvements that need to be made. How a potential lender might look at this - for example, I am a member of a 20-year-old established HOA and thinking about talking to a lender - the response would be ‘not interested’. To think of lending to a yet to be organized group of mobile homeowners $23M to purchase the property. I do not know how they go about that – no assets other than the land. I am in a quandary on how this gets worked out - Did Boulder step in and provide a bridge loan? Then the city is on the hook for ability to pay and meet the costs. I am not sure the residents are fully on board yet – that they fully understand and comprehend what is at stake for them. I ask the question during the work session - they will actually pay higher rent for 5 years and then maybe the rental will be lower than the market rate at the end of 5 years. How long is it going to take to make up for the 5 years at higher than market rate? Kyle Stannert; you are touching on a lot of the points that make these very complicated transactions – The HOA analogy can personalize this for a lot of us and also shows that this is a very different process - the lenders that are involved in this are a targeted very specific group and having partners that can help the residents - we are fortunate to have these independent 3rd party non-profits who are navigating these waters because they are complicated but this has been accomplished hundreds of times across the country - so it can 14.2 Packet Pg. 143 Attachment: Council Finance Committee Minutes (draft) (10272 : Hickory Village Mobile Home Park Funding Commitment) 5 be done but it requires a very special set of circumstances. In terms of educating the homeowners - there is understanding but there is also wanting to know exactly what is that commitment - with us not being the purchaser and we are not financing the big picture - what is the breakeven point going to be for residents - because we are not a party at that level of detail but this is the type of thing that in the community meetings Thistle is bringing this type of information forward to the residents – goal of lot rent stabilization -if resident owned this is where the HOA analogy helps in terms of what do we need to do to make the books work in the future years versus if an outside entity comes in and purchases we can only speculate about increases as we are not in the conversations but you can assume and the staff has looked at other examples that a private party purchase will most likely lead to lot increases - this is where Thistle is working with residents to put that in a framework and to see what makes the most sense to move forward Ken Summers; there is a special niche of people who work with that obviously has happened I find it interesting on a side note basis – to understand and know the situations where it worked well and not so well, and the lessons learned - this is where Thistle is contributing Ross Cunniff; I think it does make sense for the future Council to pass this contingent resolution that we talked about – I think down payment assistance is within the scope of what Council could do to participate here - I do not know what the right level is but future Council can work that out – my recommendation would be to support an amount that could be sustainable - To answer the second question – if the city is going to engage in this – should engage in program and policy so that we are not having to make it up on the fly in the future - What are the portfolio of options that are available - which ones should be engaged by which trigger mechanisms make a lot of sense I would not make the down payment assistance contingent on coming up with an energy improvement plan or a water supply improvement plan - I view those as add-ons – the energy improvement plan is beneficial to manufactured / mobile homeowners regardless of whether they own the land or not and very beneficial to our city climate goals. Tend to be less energy efficient – more expensive Very expensive to be poor - If the city can help with that and educate Contemplate this May promissory note – not really an appropriation - By law and by practice And develop a program with ROCs and the other improvements to the property both the home itself as well as the land it sits on. Kyle Stannert; part of Thistle’s involvement one of their practices is to bring in financing to get to 110% - tying into some city programs – good alignment Note - to bring forward a commitment in the form of a resolution - I hear you and agree -not just a will to do so but how we would do it - being able to follow up with the allocation through the process if conditionally everything lined up. Emily Gorgol; if this is being pushed to the next Council - Kyle, in your conversations with Andy is that an appropriate timeline knowing how long a Council process can take? Kyle Stannert: that is one of the things that Thistle reinforced - discussing in the guise a resolution or an expression of commitment - that being in place would be sufficient for what they are looking for as they do not need the actual allocation or cash in hand to move it forward. Regardless of the 90-day window Council could come forward with the intent to allocate a certain number of funds and then if approved we could go through the allocation process. 14.2 Packet Pg. 144 Attachment: Council Finance Committee Minutes (draft) (10272 : Hickory Village Mobile Home Park Funding Commitment) 6 Emily Gorgol; thank you for that - Is there an end date for the resolution they need it passed by? Kyle Stannert; we have not gotten to that level of specifics yet - because it is a resolution it gives us more flexibility - Ross Cunniff; the 18th of May is in that time range - by being a resolution we do not need to make room for 2nd reading within 10 days effective date is the other advantage which will give the next Council a chance to fully get their hands on it and guide the direction that they want it to go. Susan Gutowsky; looking at this situation with Hickory as a test case - when we did the zoning we anticipated that something like this would happen and it has – looking at this as an opportunity to establish a process as we have 6-9 mobile home parks that might be in the same position - making it part of the budget process makes sense as it will come up again in the future and if we have a process in place it will be good for Council and for city as a whole to know how to proceed. 14.2 Packet Pg. 145 Attachment: Council Finance Committee Minutes (draft) (10272 : Hickory Village Mobile Home Park Funding Commitment) May 18, 2021 Hickory Village Mobile Home Park Sale ATTACHMENT 3 14.3 Packet Pg. 146 Attachment: Powerpoint Presentation (10272 : Hickory Village Mobile Home Park Funding Commitment) 2 Purpose •To bring forward a resolution to provide residents of Hickory Village Mobile Home Park (MHP)with financial assistance, to be used towards a down payment or rent stabilization in support of a Hickory Village resident-owned community (ROC). •This resolution would indicate a commitment of $200,000 of City Funds. •If the ROC can successfully purchase the park, staff will return at a future meeting for appropriation of funds 14.3 Packet Pg. 147 Attachment: Powerpoint Presentation (10272 : Hickory Village Mobile Home Park Funding Commitment) Overview: Hickory Village Sale §Hickory Village Mobile Home Park §Located along Hickory Street, west of N. College Ave §Approximately 204 units §Notice of sale published on March 3, 2021 §Recent state legislation requires a 90- day notice before sale occurs §Sale price: $23 million 3 14.3 Packet Pg. 148 Attachment: Powerpoint Presentation (10272 : Hickory Village Mobile Home Park Funding Commitment) Resident Ownership Opportunity §90-day sale notice also provides opportunity for residents to submit an offer to purchase. §If accepted, offer would create a resident owned community (ROC). §Thistle, a ROC technical assistance provider, is meeting with Hickory Village residents and local partners. §Education & training §Determining interest & feasibility §Prior involvement in other Colorado ROC's 4 14.3 Packet Pg. 149 Attachment: Powerpoint Presentation (10272 : Hickory Village Mobile Home Park Funding Commitment) ROC Overview §Resident Owned Communities (ROC): §Resident cooperative is formed to purchase and operate their mobile home community §Cooperative owns the land and operates the community; better alignment with resident priorities §Lot rent, park rules, maintenance & amenities §ROC's promote City policy goals: §Preservation / stabilization of existing manufactured housing §Alignment and accountability to resident priorities §Residents’rights and livability improvements §Housing Strategic Plan 5 14.3 Packet Pg. 150 Attachment: Powerpoint Presentation (10272 : Hickory Village Mobile Home Park Funding Commitment) ROC Challenges §Difficult to organize and arrange financing within 90 days §Hickory Village 76 days into process (as of 5/18/21) §Need a willing seller and must compete against private buyers §Seller is not required to sell to residents, only to consider the residents' offer in good faith §Ty pically requires a large majority of resident support / participation §One-time buy-in required to form cooperative §A r ent increase upon transition to a ROC is likely §Few local examples §First ROC's in Colorado began several years ago §Financial assistance by state and local entities have been required 6 14.3 Packet Pg. 151 Attachment: Powerpoint Presentation (10272 : Hickory Village Mobile Home Park Funding Commitment) Sale / Opportunity to Purchase Ti meline §MAR 3:Notice of sale. Tr iggers 90-day notice & opportunity to purchase period §MAR 9:City receives mailed Hickory Village sale notice §MAR 15: Staff meet with Mi Voz Leaders’ Council to discuss Hickory Village sale and outline potential paths §MAR 18: Staff meet with Thistle to discuss sale and feasibility/history of other ROCs in Colorado §MAR 25: Thistle meets with Hickory Village residents to discuss ROC process §APR 3:Follow-up meeting between Thistle and Hickory Village residents.The majority of participating residents want to pursue a ROC. §APR 13:Council directs staff to draft resolution and consult with Council Finance Committee (CFC) §APR 19: CFC recommends providing $200k to Hickory Village §JUN 1: End of 90-day opportunity to purchase period 7 14.3 Packet Pg. 152 Attachment: Powerpoint Presentation (10272 : Hickory Village Mobile Home Park Funding Commitment) City Funding and Next Steps •A c ommitment of future funds is sufficient to bolster Thistle’s efforts to prepare a financial package with its national funding partners to submit a resident offer to purchase. •If the resident offer to purchase the Hickory Village MHP is accepted, a formal appropriation will be presented to City Council. 8 14.3 Packet Pg. 153 Attachment: Powerpoint Presentation (10272 : Hickory Village Mobile Home Park Funding Commitment) -1- RESOLUTION 2021-061 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXPRESSING COUNCIL’S INTENT TO PROVIDE FUNDING TO ASSIST WITH THE RESIDENT PURCHASE OF HICKORY VILLAGE MOBILE HOME PARK AND DIRECTING DEVELOPMENT OF A PROCESS FOR EVALUATING AND POTENTIALLY SUPPORTING SIMILAR FUTURE OPPORTUNITIES WHEREAS, Hickory Village Mobile Home Park (“Hickory Park”) is one of nine mobile home parks in Fort Collins and contains approximately 200 manufactured housing units, a majority of which are owned by the residents of the park; and WHEREAS, in early March 2021, residents of Hickory Park received notification from the owner of his intent to sell Hickory Park; and WHEREAS, City Council recognizes manufactured housing communities as some of the most affordable housing in Fort Collins; and WHEREAS, City Council supports the residents of Hickory Park in their efforts to purchase Hickory Park and maintain this affordable housing; and WHEREAS, the residents of Hickory Park are working with Thistle, a non-profit affordable housing organization which provides technical assistance and helps arrange financing for residents of mobile home parks who wish to purchase their parks; and WHEREAS, affordable housing financing is complex and lenders often require a show of support from the community in which the property is located to approve financing; and WHEREAS, City Council intends this Resolution to be a show of support for the Hickory Village residents’ bid to secure private financing; and WHEREAS, City Council intends to commit $200,000 of City funds to assist with down payment or rent stabilization should the Hickory Park residents’ offer to purchase the property be accepted by the current owner; and WHEREAS, City Council finds this expenditure will align with the public purpose of supporting the City’s Neighborhood Livability and Social Health goals; and WHEREAS, state law provides home owners in mobile home parks the opportunity to purchase their park under circumstances such as these: and WHEREAS, the City Council has adopted a Housing Strategic Plan supporting tenant right of first offer/ refusal for cooperative ownership of multifamily or manufactured housing communities to address the challenge of housing stability; and Packet Pg. 154 -2- WHEREAS, an Ordinance for appropriation of funding will be brought forward if and once the final terms of the Hickory Park purchase have been successfully negotiated and as set forth below; and WHEREAS, considering the short timeframe and need for prompt action in connection with opportunities such as this one for the purchase of mobile home parks and other rental properties by residents, and the City’s interest in supporting resident-owned communities, it will be beneficial for the City to develop a process to systematically review and evaluate potential City support in response to future opportunities. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby supports the efforts of the Hickory Park residents to purchase Hickory Park. Section 3. That the City Council hereby expresses its intent to provide City funds in the amount of $200,000 to assist residents of Hickory Park with down payment assistance or rent stabilization in the event the proposed purchase of Hickory Park proceeds. Section 4. That City Council will consider a future ordinance appropriating $200,000 at a future date if this Resolution is adopted, Hickory Park residents secure financing and successfully negotiate an agreement to purchase the property, and an agreement addressing the use of the funding to be provided by the City is reached; all of which is subject to the approval of the City Council in its sole discretion. Section 5. That the City Manager is hereby directed to develop an implementation roadmap for the Housing Strategic Plan strategies by which the City may systematically review and evaluate opportunities to advance the priorities and vision of the HSP, to be discussed with the City Council at a work session no later than July 31, 2021. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of May, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 155