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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 06/07/2022 - REGULAR MEETINGCity of Fort Collins Page 1 Jeni Arndt, Mayor Emily Francis, 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 300 LaPorte Avenue Fort Collins, Colorado Cablecast on FCTV Channel 14 on Connexion Channel 14 and 881 on Comcast Carrie Daggett Kelly DiMartino Anissa Hollingshead City Attorney Interim City Manager City Clerk Regular Meeting June 7, 2022 Spanish interpretation will now be available at all Regular Council meetings. El servicio de interpretación en español ahora será disponible en todas las reuniones estándares del Consejo Municipal. 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.  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. City of Fort Collins Page 2 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 be prepared to follow strict social distancing, sanitizer and facial covering guidelines.  A limited number of individuals may 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 may 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.  Once a speaker has provided comments, they may 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 Public 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 970.221.6515 (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 970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione 48 horas de aviso previo cuando sea posible.     City of Fort Collins Page 3 A) Proclamations and Presentations 5:00 p.m. A. Proclamation Declaring June 2022 as LGBTQ+ Pride Month. B. Proclamation Declaring June 10, 2022 as Hattie McDaniel Day. C. Proclamation Declaring June 19, 2022 as Juneteenth Independence Day. D. Proclamation Declaring June 2022 as Bike Month. Regular Meeting 6:00 p.m. B) CALL MEETING TO ORDER C) PLEDGE OF ALLEGIANCE D) ROLL CALL E) AGENDA REVIEW: CITY MANAGER  City Manager Review of Agenda.  Consent Calendar Review including removal of items from Consent Calendar for individual discussion. F) PUBLIC COMMENT ON ANY TOPIC OR ITEMS (including requests for Council to remove an item from the Consent Calendar for individual discussion.) Individuals may comment regarding any topics of public concern, whether or not included on tonight’s 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 Council.  Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes).  Each speaker will be allowed to speak one time during public comment. If a speaker comments on a particular agenda item during general public comment, that speaker will not also be entitled to speak during discussion of the same agenda item.  All speakers will be asked by the presiding officer to identify themselves by raising their hand (in person or using the raise hand option on Zoom), 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, if their comments relate to a particular agenda item, to identify the agenda item number. Any written comments or materials intended for the Council should be provided to the City Clerk.  A timer will beep one time and 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, consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 970.221.6515.] G) PUBLIC COMMENT FOLLOW-UP H) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION City of Fort Collins Page 4 Consent Calendar The Consent Calendar is intended to allow Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Agenda items pulled from the Consent Calendar by either Council or the City Manager will be considered separately under M) Consideration of items removed from consent calendar for individual discussion. Items remaining on the Consent Calendar will be approved by Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. 1. Consideration and Approval of the Minutes of the May 3, 2022 and May 17, 2022 Regular Meetings. The purpose of this item is to approve the minutes of the May 3, 2022 and the May 17, 2022 Regular meetings. 2. Second Reading of Ordinance No. 058, 2022, Appropriating Prior Year Reserves in the Light & Power Fund for Purchase of Distribution and Substation Transformers. This Ordinance, unanimously adopted on First Reading on May 17, 2022, brings forward an off-cycle supplemental appropriation of Light & Power reserves to fund a capital project consisting of the purchase of distribution and substation transformers. Information from transformer vendors indicates that prices and lead times are rising significantly, due to supply chain and inflationary challenges. With respect to distribution transformers, it will be necessary to either scale back the number of distribution transformers the City planned to purchase this year or request an additional appropriation to permit purchase of the expected number of transformers necessary to accommodate new customers and prudent asset replacement. A reduction in the number of transformers purchased could negatively impact new development and system reliability. The proposed supplemental appropriation includes $1,432,000 to allow more distribution transformers to be ordered in 2022 so that sufficient stock can be delivered as soon as available, likely in late 2023 at the earliest. In addition, a new substation will be necessary to adequately serve the northeast areas of the City as those areas develop. The proposed supplemental appropriation also includes $2,234,000 for the two substation transformers needed to serve this load growth. Again, this supplemental appropriation is recommended to avoid waiting to place these orders when additional funds would otherwise become available in early 2023 and should allow these transformers to be delivered within the next three years given current lead-times. The total supplemental appropriation being proposed for Council consideration is for $3,666,000. Council Finance Committee minutes that were not available for First Reading have been included. 3. Second Reading of Ordinance No. 059, 2022, Appropriating Philanthropic Revenue Received Through City Give for The Gardens on Spring Creek. This Ordinance, unanimously adopted on First Reading on May 17, 2022, appropriates $55,000 in philanthropic revenue in the Cultural Services Fund for The Gardens on Spring Creek to support operations as designated by the donor and community partner, The Friends of the Gardens on Spring Creek. City of Fort Collins Page 5 4. Items Relating to the 2021 International Fire Code. A. Second Reading of Ordinance No. 060, 2022, Amending Chapter 9 of the Code of the City of Fort Collins for the Purpose of Repealing the 2018 International Fire Code and Adopting the 2021 International Fire Code, with Amendments. B. Second Reading of Ordinance No. 064, 2022, Making Changes to Fort Collins City Code Section 2-173 Related to the Adoption of the 2021 International Fire Code, with Amendments. This Ordinance, unanimously adopted on First Reading on May 17, 2022, repeals the 2018 International Fire Code and adopt the 2021 International Fire Code (“IFC”), with local amendments. The International Code Council (“ICC”) publishes updated codes every three years. The Poudre Fire Authority Board of Directors has reviewed and approved this code package and is requesting the code be adopted as amended. The 2021 IFC proposed for adoption provides that appeals of decisions by the fire code official (Fire Chief, or by delegation, Fire Marshall) shall be heard by the Fort Collins Building Review Commission acting as the Fire Board of Appeals, as did the 2018 Fire Code. Ordinance No. 064, 2022 makes a related change to City Code Section 2-173 to reflect the Commission’s responsibility to serve as the Fire Board of Appeals as set forth in the 2021 IFC. 5. Second Reading of Ordinance No. 061, 2022, To Increase from Five to Seven the Number of Directors on the Board of Directors of the Fort Collins Tourism Improvement District and to Make an Appointment to One of the New Director Positions. This Ordinance, unanimously adopted on First Reading on May 17, 2022, amends the ordinance Council adopted in August 2021 to establish the Fort Collins Tourism Improvement District (District). The proposed Ordinance expands the District’s Board of Directors (Board) from five to seven directors, and it would appoint the director for one of the newly created positions. The Board seeks broader representation from the District. The Board’s expansion would allow two at-large electors to serve on the Board. The Board has nominated Abbie Stout, owner of the Edwards House, to fill one of these new positions. The other position will remain vacant until the Board finds an eligible elector who is willing and able to serve on the Board. 6. Second Reading of Ordinance No. 062, 2022, Authorizing and Approving the Execution and Delivery by the City of One or More Amendments to 2019 Trust Indenture, Leases and Other Related Documents for the Issuance of 2022 Certificates of Participation for the Financing of Certain City Projects. This Ordinance, unanimously adopted on First Reading on May 17, 2022, authorizes the amendment of certain 2019 lease documents and approval of other related documents for the issuance of certificates of participation (COPs), the funds from which will be used for the acquisition of the Hughes Stadium land, construction of the Southridge golf course irrigation system improvements, construction of the Fleet shop expansion, and such additional projects as Council may approve by resolution. 7. Second Reading of Ordinance No. 063, 2022, Making Supplemental Appropriations from a Portion of the City’s American Rescue Plan Act (ARPA) Funding for Local Fiscal Recovery Related to the COVID-19 Pandemic. This Ordinance, unanimously adopted on First Reading on May 17, 2022, authorizes a mid-cycle appropriation of $4.1M of the Organization’s remaining $19.9M of American Rescue Plan Act (ARPA) Funds to support pandemic recovery efforts. These projects were reviewed and selected by the Recovery Executive Lead Team because they address immediate needs for both community and enterprise recovery. These projects align with the City’s Recovery Plan and have also been reviewed by Council Finance Committee. City of Fort Collins Page 6 8. First Reading of Ordinance No. 065, 2022, Making a Supplemental Appropriation of Fiscal Recovery Funds from Larimer County to the Cultural Services and Facilities Fund for Paid Interns. The purpose of this item is to appropriate unanticipated grant revenue in the Cultural Services and Facilities Fund for paid internships at the Gardens on Spring Creek, Neighborhood Services Department and Volunteer Services Division. This appropriation includes $149,559 of grant revenues awarded on April 1, 2022, by the Larimer County Economic and Workforce Development Department. The Workforce Innovation Grant’s funding source is the federal American Rescue Plan Act and will be available until December 31, 2024. 9. First Reading of Ordinance No. 066, 2022, Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for the 215 North Mason Street Renovation for Municipal Court and the City Attorney’s Office and Related Art in Public Places. The purpose of this item is to request $700,000 in appropriations from General Fund Reserves to address urgent renovation needs on the first floor at 215 North Mason Street. Municipal Court and the City Attorney’s Office are jointly requesting this appropriation. 10. First Reading of Ordinance No. 067, 2022, Making Supplemental Appropriation and Authorizing Transfers from the General Fund of the State Historical Fund Grant to Produce a Historic Context Report of Civil Rights in Fort Collins. The purpose of this item is to appropriate $86,600 in grant funding received from the State Historical Fund, awarded by History Colorado on March 7, 2022, and $7,530 in required matching funds from the 2022 Historic Preservation Division survey grants budget to produce a history of civil rights in Fort Collins, a preliminary list of associated, significant properties for planning purposes, and a prioritized list of related future projects. 11. Items Relating to the Appropriation of Federal Funds in the Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Program Funds. A. First Reading of Ordinance No. 068, 2022, Making Supplemental Appropriations in the Community Development Block Grant Fund B. First Reading of Ordinance No. 069, 2022, Making Supplemental Appropriations in the HOME Investment Partnerships Grant Fund The purpose of this item is to appropriate the City’s FY2022 Community Development Block Grant (CDBG) Entitlement Grant and FY2022 Home Investment Partnerships Program (HOME) Participating Jurisdiction Grant from the Department of Housing and Urban Development (HUD), and CDBG program income from FY2020 & FY2021 and HOME Program Income from FY2020 & FY2021. 12. First Reading of Ordinance No. 070, 2022, Repealing Sections 23-90 to 23-95 and Amending Section 24-1 of the Code of the City of Fort Collins Regarding Neighborhood Entry Signs. The purpose of this item is to delete City Code redundancy. The City’s Sign Code was adopted in 2017 as part of the Land Use Code. This makes City Code Sections 23-90 to 23-95 and 24-1(4)-(5) unnecessary. 13. Resolution 2022-058 Declaring the Official Intent of the City to Reimburse the Applicable City Funds for Expenditures Relating to Funding the City’s Capital Projects Identified in Ordinance No. 062, 2022, Through the Issuance of Certificates of Participation. The purpose of this item is to declare the City’s official intent to reimbursed the applicable City fund with the proceeds from the issuance of the certificates of participation (Certificates of Participation) approved by City Council in Ordinance No. 062, 2022, for the City expenditures made before the issuance of the Certificates of Participation to fund (a) the acquisition of the real property on which the Hughes Stadium previously existed, (b) the acquisition and installation of certain irrigation improvements for the Southridge Golf Course, (c) the construction and installation of a fleet City of Fort Collins Page 7 maintenance facility at 800 Wood Street, and (d) such additional projects that benefit the City and are approved by resolution of the City Council (Projects). 14. Resolution 2022-059 Expressing the City Council’s Continuing Support for the Fort Collins LGBTQ+ Community with a Display of Rainbow Lights at City Hall. The purpose of this item is to express Council’s continuing support for the Fort Collins LGBTQ+ community with a display of rainbow lights at City Hall during the month of June, which is Pride month. END OF CONSENT CALENDAR I) ADOPTION OF CONSENT CALENDAR J) CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. K) STAFF REPORTS - None L) COUNCILMEMBER REPORTS M) CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR FOR INDIVIDUAL DISCUSSION N) DISCUSSION ITEMS - None O) OTHER BUSINESS A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers. (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.) B. Consideration of a motion to go into Executive Session for Mid-Year Reviews of Chief Judge, City Attorney and Interim City Manager: Chief Judge 45 minutes City Attorney 60 minutes Interim City Manager 75 minutes Note: times are approximate with breaks, as necessary. “I move that the City Council go into executive session, as permitted under Article Two, Section Eleven of the City Charter, Section 2-31(a)(1) of the City Code and Colorado Revised Statutes Section 24-6-402(4)(f)(roman numeral one), for the purpose of conducting mid-year performance reviews of the Chief Judge, City Attorney and Interim City Manager.” C. Consideration of a motion to go into Executive Session to discuss next steps related to the City Manager recruitment: “I move that the City Council go into executive session to discuss the remaining candidate for the city manager position, pursuant to:  Article Two, Section Eleven of the City Charter,  Section 2-31(a)(1) of the City Code and  Colorado Revised Statutes Section 24-6-402(4)(f)(roman numeral one).” City of Fort Collins Page 8 D. Resolution 2022-038 Selecting a City Manager Finalist and Designating Two Councilmembers to Work with the Recruitment Team to Develop Proposed Terms and Conditions of a City Manager Employment Agreement for Council Consideration. The purpose of this item is to name the selected finalist for City Manager and authorize two members of the Council to discuss with the recruiter hired to support the recruitment process, City staff and/or the person named to develop the terms and conditions of employment for the City Manager position. If Council is not prepared to move forward to name a selected finalist or would like to direct staff to take specific actions in furtherance of the recruitment and selection of a new City Manager, Council may wish to give that direction by motion in lieu of approving the Resolution. P) ADJOURNMENT Every regular Council meeting will end no later than midnight, except that: (1) any item of business commenced before midnight may be concluded before the meeting is adjourned and (2) the Council may, at any time prior to adjournment, by majority vote, extend a meeting beyond midnight for the purpose of considering additional items of business. Any matter that has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting that have not yet been considered by the Council, will be deemed continued to the next regular Council meeting, unless Council determines otherwise. PROCLAMATION WHEREAS, the first Pride was a riot, that took place at the Stonewall Inn on June 28, 1969; and WHEREAS, fifty years later, on June 26, 2015, the U.S. Supreme Court ruled that same- gender couples could marry, establishing a new and long overdue civil right in our country; and WHEREAS, members of the Fort Collins community who are Lesbian, Gay, Bisexual, Transgender, Queer or Questioning, Intersex and Asexual deserve more than civil rights: they deserve to be fully welcomed, to be safe and to live in our community without the threat of marginalization, erasure, discrimination or harassment; and WHEREAS, the City’s PRIDE Employee Resource Group formed to ensure LGBTQ+ people are safe, valued and affirmed within the City organization and our community; and WHEREAS, the PRIDE Employee Resource Group’s work and dedication has elevated the City of Fort Collins Municipal Equality Index from 60 to 100 over the last several years; and WHEREAS, we invite our community to celebrate the hard-fought victories of the LGBTQ+ community; and acknowledge that more work remains in order to achieve full equality, inclusion, representation and acceptance; and WHEREAS, the City would like to make clear to our LGBTQ+ community: you are valued, you are worthy of celebration, and you should always feel proud of who you are; and WHEREAS, to honor the many June milestones for the LGBTQ+ community and to encourage Fort Collins to celebrate diversity and inclusion, rainbow lights will be l it at City Hall throughout the month of June. NOW THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby declare the month of June 2022 as LGBTQ+ PRIDE MONTH IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 7th day of June, A.D. 2022. ______________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 9 PROCLAMATION WHEREAS, we recognize the importance of understanding how systemic and institutional racism has impacted BIPOC people across this country for generations, and the importance of understanding hard truths from their stories, and WHEREAS, we can learn and take inspiration from the life of former Fort Collins resident Hattie McDaniel, the first Black artist to win an Academy Award, who achieved greatness in her performance career as a musician, songwriter, radio pioneer, and actor while enduring racism and discrimination, and who played an important leadership role as a political organizer in a successful fight to end housing segregation in Los Angeles in the 1940s; and WHEREAS, Black Fort Collins residents have worked to build lives, raise their families, develop livelihoods, create community, and challenge discrimination while living in Fort Collins since colonization; and WHEREAS, throughout the history of the colonization of North America, Black people have exemplified resilience and resistance in the face of persistent attempts to marginalize their communities; and WHEREAS, we acknowledge Black contributions and achievements in the Fort Collins community, past and present; and WHEREAS, the City of Fort Collins is practicing our commitment to racial healing, partnership, and active support for Black community members through sponsorship of activities that are most important to the community, including the upcoming three-day celebration of Juneteenth, a federal, state, and local holiday. NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby proclaim the June 10, 2022 as HATTIE MCDANIEL DAY IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this the 7th of June, A.D. 2022. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 10 PROCLAMATION WHEREAS, after the Emancipation Proclamation was issued on January 1, 1863, it took almost two-and-a-half years for enslaved African Americans in Texas to be informed of their liberation by the Union Army, who did not enforce their emancipation until June 19, 1865; and WHEREAS, that day became known as Juneteenth Independence Day and has been celebrated by the Black and African American community for over 150 years, and is now commemorated nationally as the day when enslaved Black and African Americans were freed; and WHEREAS, not all enslaved people on American soil were liberated until the enactment of the Thirteenth Amendment; and WHEREAS, we recognize the continued impacts of slavery on the Black and Afr ican American community today, the continued threat of racist violence, and the continued fight against systemic racism in pursuit of liberation, reparations, and justice; and WHEREAS, the Fort Collins Equity Indicators Report highlights the impacts of discrimination against the local Black and African American community in outcomes connected to criminal justice, safety, economic opportunity, health, education, and housing, and the City commits to action in addressing each of these inequities through truth-telling, reconciliation, and systemic change; and WHEREAS, Governor Jared Polis signed a bill Monday, May 2, 2022, that makes Juneteenth Colorado's eleventh state holiday and the City declared Juneteenth a n official city holiday for the first time in 2022; and WHEREAS, the first community-organized Juneteenth celebration in the City of Fort Collins will take place at Foothills Mall the weekend of June 17-19, 2022. The community will celebrate Juneteenth in culturally significant ways that promote remembrance and advocate for racial progress; and NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby proclaim June 19, 2022 as JUNETEENTH INDEPENDENCE DAY and further commit to addressing inequitable outcomes that persist for Black and African American community members and encourage the community to join in celebration and solidarity as we recognize the significance of Juneteenth and the continued struggle for liberation. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this the 7th day June, A.D. 2022. Mayor ATTEST: _________________________________ City Clerk Packet Pg. 11 PROCLAMATION WHEREAS, thousands of Fort Collins residents will experience the joys of bicycling during the month of June through educational programs, community events, races, groups rides, or just getting out and going for a ride; and WHEREAS, Fort Collins encourages the increased use of the bicycle, benefiting all residents by fostering physical and mental health, improving air quality, reducing traffic congestion and noise, decreasing the use of and dependence upon finite energy sources; and WHEREAS, the City of Fort Collins recognizes the use of bicycles as a viable mode of transportation, endeavors to promote safe and responsible bicycling, and is committed to incorporating the development of bicycle facilities; and WHEREAS, our City maintains over 280 miles of bikeway network which attract thousands of bicyclists each year; and WHEREAS, Fort Collins is nationally recognized as one of only five Platinum Bicycle Friendly Communities, as designated by the League of American Bicyclists; and WHEREAS, Fort Collins is recognized among the best cities in the nation for bicycling by PeopleForBikes, further reflecting the City’s commitment to making Fort Collins a vibrant, multi - modal destination; and WHEREAS, FC Moves, the Bicycle Ambassador Program, Safe Routes to School, and other local businesses and organizations will be promoting bicycling as a viable means of transportation during the month of June 2022. NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby proclaim the month of June 2022 as BIKE MONTH in Fort Collins and I encourage citizens to try bicycling as a sensible mode of transportation or recreation and to participate in the many events planned for the summer months, particularly, the 34th annual Bike to Work (or Wherever) Day on June 22. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 7th day of June, A.D. 2022. __________________________________ ATTEST: Mayor _________________________________ City Clerk Packet Pg. 12 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY June 7, 2022 City Council STAFF Anissa Hollingshead, City Clerk SUBJECT Consideration and Approval of the Minutes of the May 3, 2022 and May 17, 2022 Regular Meetings. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes of the May 3, 2022 and the May 17, 2022 Regular meetings. ATTACHMENTS 1. May 3, 2022 (PDF) 2. May 17, 2022 (PDF) 1 Packet Pg. 13 City of Fort Collins Page 197 May 3, 2022 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM • ROLL CALL PRESENT: Pignataro, Francis, Arndt (remote), Canonico, Peel, Ohlson, Gutowsky STAFF: DiMartino, Daggett, Hollingshead (Secretary’s Note: Mayor Arndt participated remotely under the provisions of Ordinance No. 079, 2020 which remains in effect.) • AGENDA REVIEW: CITY MANAGER Interim City Manager DiMartino and Spanish interpreters outlined the interpretation options. The video outlining public participation options was played. Interim City Manager DiMartino stated there were no changes to the published agenda; however, given the memo provided regarding Item No 12, First Reading of Ordinance No. 053, 2022, Amending Certain Sections of Chapter 25 of the Code of the City of Fort Collins Relating to the Imposition, Collection, and Enforcement of the City’s Sales and Use Tax, and subsequent Council questions, she recommended pulling the item to the Discussion Agenda. Additionally, she noted Item No. 18, Second Reading of Ordinance No. 011, 2022, Designating the Maxwell Rock House, 1433 South Overland Trail, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins, was approved on First Reading; however, staff is recommending postponing the item indefinitely as the property owners have withdrawn their consent and the process to address a consensual designation is no longer applicable. • PUBLIC COMMENT ON ANY TOPIC OR ITEMS G. Inguanta commented on previously being employed as a social worker at Fossil Ridge High School and on subsequently resigning due to gaps in what the school district can provide in terms of mental health resources for students and expressed concern about the reliance on school resource officers in mental health crisis situations. Eric Sutherland stated the Sustainability Services Department has failed to properly address the climate emergency. He also suggested the City form a citizens’ committee regarding Connexion. Helen Migchelbrink, Mead City Manager and former Fort Collins City Engineer, discussed issues she has encountered getting Connexion service. She stated the transparency around the topic needs to be increased and also encouraged support for a citizens’ committee to continue improving customer experiences. Clint Anders expressed disappointment staff did not put more effort into updating the shed design guidelines as part of the recent Building Code updates and local amendments. He stated the updates should have included changes to help make sheds safer, more sustainable, and more useful. Martha Roden commented on an article from Ashland, Wisconsin indicating the city has encouraged residents not to mow yards in May to help feed early season pollinators. She encouraged Council to institute “no mow May” in Fort Colllins. 1.1 Packet Pg. 14 Attachment: May 3, 2022 (11583 : Minutes - 05/03, 05/17) City of Fort Collins Page 198 Dylan Lindsey discussed his experience in serving on the Youth Advisory Board and thanked the City for providing the opportunity for youth to get involved in local politics. • PUBLIC COMMENT FOLLOW-UP Councilmember Peel thanked Mr. Lindsey for his service on the Youth Advisory Board. She asked about the shed design guidelines mentioned by Mr. Anders. Caryn Champine, Planning, Development, and Transportation Director, replied she would like to connect Mr. Anders with the City’s Chief Building Official, Marcus Coldiron, to determine which issues fall under the Building Code and which fall under the Land Use Code. Councilmember Peel expressed support for the formation of a citizens’ committee for Connexion. Councilmember Pignataro thanked Ms. Roden for her comments and expressed support for the possibility of “no mow May.” She disagreed with Mr. Sutherland regarding the work of Sustainability Services and requested additional information on the role of the department. Interim City Manager DiMartino stated Sustainability Services provides an integrated approach to environmental services, economic health, and social sustainability. Councilmember Pignataro requested a staff report providing additional detail on the role of the department at a future meeting. Councilmember Pignataro thanked G for commenting. She asked if there are citizens’ committees for utilities other than Connexion. Interim City Manager DiMartino replied there is an Energy Board and Water Commission. he stated there have been some opportunities for citizen engagement around Connexion and commented on the nuances of a citizen committee regarding the competitive nature of the utility. Councilmember Pignataro asked about the process that occurs when there are complaints around Connexion. Interim City Manager DiMartino replied there is a process for processing and reviewing complaints. Mayor Arndt thanked Mr. Lindsey for his service on the Youth Advisory Board and thanked Ms. Roden for her suggestion about “no mow May.” She also thanked G for commenting. Councilmember Ohlson suggested looking at providing an optional “no mow May” in the future, particularly from an enforcement perspective. He stated there is no reason to fear an advisory committee, with a sunset, for Connexion, to help build confidence in the transparency of the utility. Councilmember Canonico thanked Ms. Roden for her “no mow May” suggestion and thanked Mr. Lindsey for his service on the Youth Advisory Board. Councilmember Gutowsky also thanked Ms. Roden for her suggestion. Mayor Pro Tem Francis requested a follow-up memo regarding Mr. Anders’ comments. She also suggested scheduling a work session regarding Connexion. • CONSENT CALENDAR Councilmember Pignataro made a motion, seconded by Councilmember Peel, to adopt and approve items 1 – 11 and 13 – 17 on the Consent Agenda. 1.1 Packet Pg. 15 Attachment: May 3, 2022 (11583 : Minutes - 05/03, 05/17) City of Fort Collins Page 199 RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS] MOVER: Julie Pignataro, District 2 SECONDER: Shirley Peel, District 4 AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky 1. Consideration and Approval of the Minutes of the April 5, 2022 and April 19, 2022 Regular Meetings. (Adopted) The purpose of this item is to approve the minutes of the April 5, 2022 and April 19, 2022 Regular meetings. 2. Second Reading of Ordinance No. 043, 2022, Making Supplemental Appropriations and Authorizing Transfer of Appropriations from the Colorado Utility Data Accelerator Grant for the Fort Collins Utilities MyData Customer Portal. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on April 19, 2022, appropriates $100,000 from the Colorado Energy Office awarded as a Colorado Utility Data Accelerator Grant. The funds support the energy data disclosure requirements under the State’s “Energy Performance for Buildings” statute (HB21-1286; §25-7-142 (4)). The funding will help Utilities streamline the process of sharing aggregated utility use data with building owners and improve benchmark reporting. The grant will be used to extend the scope of work with an existing vendor supporti ng the MyData Utilities Customer data access portal through which building owners report building data required by City Code. By extending functionality of that existing webservice for sharing Utilities customer usage data with the EPA’s ENERGY STAR ® Portfolio Manager ® tool, the MyData portal can be leveraged to collect data required by both City Code and the Energy Performance for Buildings statute, reducing the compliance effort for building owners. 3. Second Reading of Ordinance No. 044, 2022, Making a Supplemental Appropriation of Larimer County Fiscal Recovery Funds to the City to Support the Mobile Home Park Backflow Preventer Project. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on April 19, 2022, approves contra ct execution and appropriation of Larimer County ARPA funding of $132,500 awarded to the City’s Neighborhood Services department for mobile home park backflow preventer purchase and installation to improve community water quality and avoid infrastructure c osts from being charged to mobile home park residents. 4. Second Reading of Ordinance No. 045, 2022, 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 2022 Adopted City Budget. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on April 19, 2022, appropriates $10,167,000 in prior year reserves in the Natural Areas Fund. These appropriations are for land conservation, visitor amenities and restoration of wildlife habitat, as well as other Natural Areas Department stewardship activities to benefit the residents of Fort Collins. 5. Second Reading of Ordinance No. 046, 2022, Appropriating Prior Year Reserves in the General Fund for Cultural Development and Programming Activities, Tourism Programming, and Convention and Visitor Program Services. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on April 19, 2022, appropriates $292,114, of which $181,643 is proposed for Cultural Development and Programming Activities (Fort Fund) and $110,471 is proposed for Tourism Programming (Fort Fund ) from a combination of Lodging Tax and Prior Year Reserves (unspent appropriations) in the General Fund Lodging Tax Reserves. 1.1 Packet Pg. 16 Attachment: May 3, 2022 (11583 : Minutes - 05/03, 05/17) City of Fort Collins Page 200 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 continued recovery from the pandemic, Lodging Tax revenues collected for 2021 came in $38,516 below projected col lections. 6. Second Reading of Ordinance No. 047, 2022, Appropriating Prior Year Reserves for the Post Employment Health Plan as Provided in the Collective Bargaining Agreement with the Fraternal Order of Police. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on April 19, 2022, appropriates General Fund reserves for City contributions to the 2022 City Post Employment Health Plan (PEHP) to be made to the accounts of members of the Collective Bargaining Unit (CBU) of Fort Collins Police Services as agreed upon through the 2022-2024 Collective Bargaining Agreement (CBA) with the Northern Colorado Lodge #3 of the Fraternal Order of Police (“FOP”). The CBA was approved by Council by Resolution 2021-114 on December 7, 2021. The CBA specifies a matrix of one-time and “catch-up” City contributions to be made to CBU members’ PEHP accounts based upon their cumulative service in the CBU. A reminder of this pending appropriation was included in Ordinance No. 015, 2022, the appropriation ordinance for CBU salary increases. 7. Second Reading of Ordinance No. 048, 2022, Authorizing the First Amendment to the Second Amended and Restated Conservation Easement on the Williams Property. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on April 19, 2022, authorizes the execution of an amendment to the Williams (formerly Hazelhurst) Conservation Easement. The amendment will correct an error in the stated residential building square footage, clarify language outlining structure parameters, correct the reference to mineral rights ownership, enhance mineral extraction restrictions, and prohibit sodbusting. 8. Second Reading of Ordinance No. 049, 2022, Authorizing Conveyance of an Amended Agreement for a Permanent Non-Exclusive Drainage Easement on Property Jointly Owned by the City of Fort Collins and the City of Loveland at the Northern Colorado Regional Airport for the New Veteran's Affairs Clinic. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on April 19, 2022, authorizes an amended permanent non-exclusive drainage easement over a portion of the Northern Colorado Regional Airport property owned jointly by the Cities of Fort Collins and Loveland for the benefit of a new Veteran’s Affairs (VA) clinic planned for constructed adjacent to the East side of the Airport (the “VA Project”) by Byrd Drive Development, LLC, (“Developer”). This amended easement will supersede the drainage easement for the VA Project previously adopted by Council’s by Ordinance No. 008, 2021 on January 19, 2021. 9. Second Reading of Ordinance No. 050, 2022, Approving an Estoppel Certificate that Modifies an Existing Lease Between the Cities of Fort Collins and Loveland and Discovery Air, LLC, for Property Located at the Northern Colorado Regional Airport . (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on April 19, 2022, requests approval of an estoppel certificate requested by Discovery Air LLC (“Discovery Air”) with respect to a fifty -year ground lease of Airport property (the “Lease”) previously approved by Council. The requested Estoppel Certificate contains provisions that effectively modify the Lease and therefore requires Council approval. An estoppel certificate is a legally-binding signed statement certifying for another's benefit – in this case Discovery Air’s lender - certain facts regarding the Lease as accurate and it will be enforced to “estop” (or prevent) the Cities from asserting a different state of facts. An estoppel certificate is customarily provided under long-term leases, is necessary to obtain financing and is called for by the Discovery Air Lease. 1.1 Packet Pg. 17 Attachment: May 3, 2022 (11583 : Minutes - 05/03, 05/17) City of Fort Collins Page 201 10. Second Reading of Ordinance No. 051, 2022, Authorizing the City Manager and the Mayor to Enter into an Agreement Between the City of Fort Collins and the Landowners’ Association for Phantom Canyon Ranches Regarding the Halligan Water Supply Project and to Execute Certain Conveyance Documents and an Agreement Attached Thereto. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on April 19, 2022, requests approval of a proposed agreement (“Proposed Agreement”) between the City and the Landowners’ Association for Phantom Canyon Ranches (“Association”) regarding certain aspects of the City’s Halligan Water Supply Project (“Halligan Project”). The Association owns certain real property adjacent to Halligan Reservoir (which the City intends to enlarge) and along the North Fork of the Poudre River (“North Fork”). Since late 2018, City representatives have collaborated with the As sociation to obtain property rights necessary for the Halligan Project and to address concerns raised by the Association, culminating in the Proposed Agreement. Under the Proposed Agreement: • The Association would: o convey the City a river access easement a long the North Fork for Phase 1 (Permitting and Design) of the Halligan Project; o convey the City small parcels around Halligan dam needed for construction; and o resolve outstanding claims under historical agreements. • The City would: o grant the Association options to acquire: 121 acres below the Halligan Reservoir dam (“Halligan Dam”) that would be subject to restrictive covenants; easements along the reservoir and North Fork; and o modify an existing lease allowing the Association to use the surface of the reservoir until construction. Both parties also agree to work collaboratively on access for Phases 2 (Construction) and 3 (Operation and Maintenance). City staff analyses indicate that the Proposed Agreement is cost neutral and beneficial to the City and the Halligan Project. 11. First Reading of Ordinance No. 052, 2022, Making a Supplemental Appropriation of the Poudre River Native Fish Project Grant in the Natural Areas Fund. (Adopted on First Reading) The purpose of this item is to request an appropriation of grant funds from Colorado Parks and Wildlife to the Natural Areas Department to complete a river habitat improvement project for native fish on the Cache la Poudre River. The grant funds will be used to create refuge pools in a side cha nnel of the Cache la Poudre River for the rare, native plains topminnow and orange -spotted sunfish. The project is a value-added element to the City’s instream water right project underway at the CSU Environmental Learning Center (BFO 1.62, 9.16, 12.23). F lows for the refuge pools will be supplied by the instream water right. 12. First Reading of Ordinance No. 054, 2022, Approving the Vacation and Rededication of Four Permanent Utility Easements Located on Lots 2 and 3 of the Lakeview on the Rise Subdivisio n. (Adopted on First Reading) The purpose of this item is to approve an Ordinance that would vacate and accept rededication of four permanent utility easements at the Lakeview on the Rise Subdivision. The four original easements (the “Original Easements”) were dedicated to the City prior to the initial construction and installation of the equipment and fixtures providing said utilities (the “Utility Equipment”). After construction was completed, the property owner determined that the Utility Equipment was not situated entirely within the boundaries of the Original Easements. To remedy this situation, staff recommends that the City vacate the Original Easements and accept a new Deed of Dedication of Easement (the “New Easement Deed”) in favor of the City providing for four permanent utility easements that correctly describe the location of the Utility Equipment (the “New Easements”). 1.1 Packet Pg. 18 Attachment: May 3, 2022 (11583 : Minutes - 05/03, 05/17) City of Fort Collins Page 202 13. First Reading of Ordinance No. 053, 2022, Amending Certain Sections of Chapter 25 of the Code of the City of Fort Collins Relating to the Imposition, Collection, and Enforcement of the City’s Sales and Use Tax. THIS ITEM WAS PULLED FROM CONSENT TO ALLOW FOR DISCUSSION. 14. First Reading of Ordinance No. 055, 2022, Authorizing an Extension of the Temporary Exception to the Land Use Code to Allow T-Mobile to Place a Temporary Wireless Telecommunications Facility at 1800 East Harmony Road to Replace Lost Wireless Service Coverage. (Adopted on First Reading) The purpose of this item is to extend the authorization originally granted with Ordinance No. 167, 2021, for a temporary wireless telecommunication facility known as a cell-on-wheels (COW), operated by T- Mobile, currently located at 1800 East Harmony. The current temporary authorization is set to expire on June 7, 2022. This temporary facility is in place to address a critical loss in T-Mobile's existing cellular coverage in south Fort Collins caused by T-Mobile’s removal of wireless equipment from Platte River Power Authority (“PRPA”) infrastructure, to be used only until a permanent facility (pro posed at 4518 Innovation Drive) is fully constructed and operational no later than December 1, 2022. 15. First Reading of Ordinance No. 056, 2022, Calling a Special Municipal Election to be Held in Conjunction with the November 8, 2022 Larimer County Gener al Election. (Adopted on First Reading) The purpose of this item is to call a Special Municipal Election to be held in conjunction with the November 8, 2022, Larimer County General election, preserving the opportunity for Council to place Council-initiated or citizen-initiated questions on the November ballot. If Council decides to place any questions on the ballot, it would need to accomplish this by no later than its September 6 meeting. If Council does not take action by ordinance or resolution before the statutory deadline (September 9) to certify ballot language to Larimer County, the election will be cancelled, and the provisions of this Ordinance will be of no further force and effect. This Ordinance does not submit any specific question(s) to the November 8 ballot. Adoption of it is, however, a required first step in preserving the option for Council to submit any questions that Council may desire at the November 8, 2022, General Election. 16. Resolution 2022-055 Authorizing the Execution of an Intergovernmental Agreement Regarding Regional Opioid Settlement Implementation and Designating a City Representative to the Larimer Regional Council. (Adopted) The purpose of this item is to approve and authorize execution of an Intergovernmental Agreement with Larimer County, the City of Loveland and the Town of Wellington, establishing a regional governing body to oversee funding received from the national settlements reached with opioid distributors and manufacturers. 17. Resolution 2022-056 Confirming and Approving the Appointment of Andy Smit h for a Second Term to the Board of Commissioners of the Fort Collins Urban Renewal Authority. (Adopted) The purpose of this item is to confirm Mayor Jeni Arndt’s appointment of Andy Smith to a second four - year term to serve as a commissioner on the Fort C ollins Urban Renewal Authority Board of Commissioners. This new term would begin on May 25, 2022, and end on May 25, 2026. • COUNCILMEMBER REPORTS Councilmember Peel reported on attending the Habitat for Humanity grand reopening. She also reported on community conversations with the Chamber of Commerce at Horse and Dragon and on attending the Chamber of Commerce celebration. 1.1 Packet Pg. 19 Attachment: May 3, 2022 (11583 : Minutes - 05/03, 05/17) City of Fort Collins Page 203 Councilmember Canonico reported on attending the Arbor Day celebration at Zach Elementary School and on talking with students there about local government. She also reported on judging at CSU’s Hydrology Days Student Showcase. Councilmember Gutowsky reported on touring the Rocky Mountain Raptor Program facility and attending the Chamber of Commerce celebration. She also reported on the Behavioral Health Policy Council receiving an update on the new behavioral health facility at its recent meeting. She commented on the Northern Colorado Vet Resource Center and reported on a visit to the Soapstone Prairie Natural Area. Councilmember Ohlson reported on attending the Habitat for Humanity reopening, which includes a new pollinator garden, and May Day festivities at Edora Park. Mayor Pro Tem Francis reported on attending the unveiling of new electric buses as part of the Transfort fleet. Interim City Manager DiMartino noted both of the City’s free mulch days have been cancelled at this point due to a fire. • CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR FOR INDIVIDUAL DISCUSSION 13. First Reading of Ordinance No. 053, 2022, Amending Certain Sections of Chapter 25 of the Code of the City of Fort Collins Relating to the Imposition, Collection, and Enforcement of the City’s Sales and Use Tax. (Adopted as Amended on First Reading) The purpose of this item is to amend Chapter 25 of the City Code concerning sales and use tax. The updates include revisions to the Grocery Tax Rebate Program to provide greater administrative flexibility to staff to aid in alignment with the ongoing City -wide initiative to broaden access to City income-qualified programs. Other updates include, but are not limited to, clarifying definitions for the Manufacturing Use Tax Rebate Program, increasing the dollar threshold that determines when written agreements for tax settlements are required, creating an exemption from sales tax for the recently adopted disposable bag fee, and removing the tax exemption for cigarettes. Travis Storin, Chief Financial Officer, stated the newly prepared materials provided to Council are intended to address the nature of Council’s inquiries. Jennifer Poznanovic, Sales Tax Manager, discussed the history of the grocery tax rebate program, which was established in 1972. She outlined the proposed updates to the program which would reduce application barriers in a commitment to increase participation in the program, expand the window of service from a seasonal program to an annual program, to remove the income verification through federal income tax returns and align eligibility with other income-qualified programs across the city by taking the AMI from 50% to 30%, and to add a legacy clause for previous applicants who fall within the 30-50% range to still qualify for the program moving forward. She discussed the rationale for the proposed updates and noted the staff goal is to create a simple, universal application for income-qualified programs. Eric Sutherland questioned whether other governmental entities are charging sales tax on the Fort Collins bag fee. He also questioned whether income-qualified consumers who do not live within city limits or the GMA are eligible for the tax rebate. He stated most Coloradoans do not pay sales tax on food. Councilmember Ohlson requested additional information regarding the definition change for the manufacturing equipment sales tax rebate. Poznanovic replied the goal was to provide more clarity 1.1 Packet Pg. 20 Attachment: May 3, 2022 (11583 : Minutes - 05/03, 05/17) City of Fort Collins Page 204 in the definition as it is currently laid out in the manufacturing use tax rebate guide and within the Code. Storin noted the manufacturing use tax rebate program is going through a de facto sunset, a result of the Wayfair supreme court case ruling. Councilmember Ohlson stated he would like to know the financial implications, starting with the Finance Committee, to keep the AMI at 50% rather than 30% for all income-qualified programs. He also requested a memo regarding how lower-income younger people are being assisted to participate in sports or other activities that are not City run. Storin replied he is responsible for not bringing this item to the Finance Committee and stated he would bring forth information regarding the cost of bringing this and other income-qualified programs to the 50% AMI level. He stated the 30% number is being recommended for user-friendliness and trade-offs related to enhancing participation. Nina Bodenhamer, City Give Program Director, stated the challenge between 30 and 50% AMI is related to income verification as the only tool available at the 50% AMI is the income tax return and those programs that associate with income tax statements tend to eliminate potential applicants. She stated programs associating verification to known federal, state, or local programs that already have established income verification are more successful. Councilmember Ohlson requested staff provide data related to the cost of programs at the two AMI levels prior to Second Reading, or have the item put on hold to garner that information. He suggested it could be optional for the 50% AMI population to provide the tax information should individuals want to apply for programs. Mayor Arndt asked if applications are available in both Spanish and English. Staff replied in the affirmative. Mayor Arndt asked how rebates are received. Poznanovic replied individuals receive checks annually that are based on an average which increases incrementally every year. Bodenhamer noted individuals must live within the GMA to receive the rebate from the City, which is based on the number of individuals in the household. Mayor Arndt asked how the City goes about reaching the residents who qualify. Bodenhamer replied the City’s ability to reach and expand audiences is tied to the new app, Get FoCo, which aims to provide ease in application. Mayor Arndt asked how seniors are assisted. Bodenhamer replied Poznanovic’s team will continue to offer office hours to assist residents in completing the application on the app. Additionally, iPads will be utilized for community outreach events to assist individuals in applying. Mayor Pro Tem Francis asked if it would be possible to keep the application process for the app at 30% AMI while still allowing those up to 50% AMI to apply with the proper tax credentials. Bodenhamer replied that is technically possible; however, best practices have shown more nuances and pathways tend to increase barriers. She noted there is a legacy opportunity for those households that fall between the 30 and 50% AMI. She also commented on it being easier to attract family households if a bundled benefit is offered. She stated it is critical to look at a stratification of benefits. Mayor Pro Tem Francis asked if Council would be able to update the Code requirements to change the AMI and income verification documentation requirements. Storin replied in the affirmative; however, Bodenhamer noted income tax verification is currently the only way to verify at the 50% level. 1.1 Packet Pg. 21 Attachment: May 3, 2022 (11583 : Minutes - 05/03, 05/17) City of Fort Collins Page 205 Councilmember Ohlson suggested the item be tabled to garner a bit more information from staff. Interim City Manager DiMartino noted the disposable bag fee exemption is also part of this item and staff would like to clarify that issue. She also suggested the possibility of leaving the number at 50% for First Reading and returning with other options for Second Reading. City Attorney Daggett noted the 50% to 30% change only falls in one section of the Ordinance and the remainder would be able to stand on its own. Councilmember Canonico asked if there is a means by which an individual who receives a rebate by check can cash the check if they do not have a bank account. Storin replied there have been challenges with that issue and the use of prepaid credit cards has been considered. City Attorney Daggett noted the Ordinance has room to leave the method of payment up to the Financial Officer in terms of how the program is administered; therefore, alternative ways to pay the rebate could be explored with the existing language. Councilmember Pignataro made a motion, seconded by Councilmember Canonico, to adopt Ordinance No. 053, 2022, on First Reading, as amended with Section 25-49 modified to retain the 50% threshold for eligibility with corresponding edits and with edits to clarify in the definition of household that unrelated persons who reside at the same physical address and are financially independent of each other may individually apply and may each qualify as a household. RESULT: ORDINANCE NO. 053, 2022 ADOPTED AS AMENDED ON FIRST READING [UNANIMOUS] MOVER: Julie Pignataro, District 2 SECONDER: Tricia Canonico, District 3 AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky (Secretary’s Note: The Council took a brief recess at this point in the meeting.) • DISCUSSION ITEMS 18. Second Reading of Ordinance No. 011, 2022, Designating the Maxwell Rock House, 1433 South Overland Trail, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Postponed Indefinitely) This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2021-093. The purpose of this item originally was to request City landmark designation for the proper ty at 1433 South Overland Trail. However, since the time of the First Reading of Ordinance No. 11, 2022, the owners of the Property have notified staff that they no longer have consensus regarding support for the designation of the Property as a Landmark and have requested their application for designation be postponed. In cooperation with the property owner (which has since been withdrawn), the Ponds at Overland Trail HOA, staff and the Historic Preservation Commission (the “Commission”) had determined the property to be eligible for designation under Standards 2, Persons/Groups for association with Paul & Emerald Maxwell, important figures in the social history of what is now west Fort Collins, and under Standard 3, Design/Construction for the property's significance as a rare surviving example of a stone masonry farmhouse in the Fort Collins area. The HOA owner originally requested designation to provide protection of the property's exterior and immediate grounds, and access to financial incentives for preservation. The Owners have now withdrawn their consent and the process for a consensual designation is no longer applicable. 1.1 Packet Pg. 22 Attachment: May 3, 2022 (11583 : Minutes - 05/03, 05/17) City of Fort Collins Page 206 Councilmember Pignataro made a motion, seconded by Councilmember Canonico, to postpone Ordinance No. 011, 2022 indefinitely. RESULT: POSTPONED INDEFINITELY [UNANIMOUS] MOVER: Julie Pignataro, District 2 SECONDER: Tricia Canonico, District 3 AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky 19. First Reading of Ordinance No. 057, 2022, Appropriating Prior Year Reserves in the General Fund to Provide Cost-Sharing Related to Electric Vehicle Charging Infrastructure at Affordable Housing Developments. (Adopted on First Reading) The purpose of this item is to request an off-cycle appropriation from General Fund Reserves in the amount of $238,000 to provide cost-sharing related to Electric Vehicle (EV) charging infrastructure required at Affordable Housing (AH) developments in 2022. Staff estimates that 237 affordable homes currently in the City’s development review process may apply for building permits during 2022. Meaghan Overton, Housing Manager, stated this item would appropriate $238,000 in General Fund reserves to support cost sharing for electric vehicle infrastructure at affordable housing developments. She outlined the types of infrastructure that are options for various levels of EV readiness and noted Council adopted an option that requires 20% EV capable, 15% EV ready, and 1 installed EV charger at affordable housing developments. She stated this appropriation would cover the incremental cost difference between the current requirement from the Colorado Housing Finance Authority and the Council-adopted option. Overton summarized by stating staff will proceed with development of an application and administration process for the EV infrastructure credit should Council approve this appropriation. She noted 2022 would be a pilot year of sorts for the program to ensure the program is working as intended. Staff would then request a budget offer for the upcoming budget cycle to provide continued funding for EV cost sharing. Eric Sutherland discussed the City’s history with enacting regulatory actions and requirements, including the requirement that all multiple dwelling units constructed in the city have adequat e bicycle parking, which he stated has not occurred for some developments. Mayor Pro Tem Francis clarified this appropriation ordinance applies to deed-restricted affordable housing and not multi-family dwelling units in general. Councilmember Ohlson asked about the source of the cost estimates provided. John Phelan, Energy Service Manager, replied these are the same estimates presented at the March 8 work session and they come from a number of sources, including the estimates provided by local private sector affordable housing partners. The range has been provided as there can be a great deal of variability from project to project and the higher numbers were used to ensure the appropriation request was enough. Councilmember Ohlson asked what party will oversee to ensure costs are accurately reported by the contractors. Overton replied the initial year will be used to collect actual cost data alongside administering a credit program. She stated this program has been designed to not require developers to provide exact costs, but to have this function more as a subsidy for affordable housing. 1.1 Packet Pg. 23 Attachment: May 3, 2022 (11583 : Minutes - 05/03, 05/17) City of Fort Collins Page 207 Councilmember Ohlson expressed concern validation of labor and materials costs is not a requirement given use of public dollars in affordable housing projects. Overton replied there is a level of oversight in the overall costs of a program; however, funding assistance is provided for the project overall, not for specific pieces of a project. She cited the example of the competitive process for CDBG funds. Councilmember Ohlson requested the formation of some type of process to ensure the proper costs of the infrastructure are what is being charged. He also requested refinements be made prior to the next round of Building Code amendments to ensure that redevelopment projects are not able to skirt Building Code requirements based on the scale of work. Councilmember Canonico thanked staff for the formation of this program. Councilmember Peel questioned how much demand there will be for EV charging stations in the affordable housing sector. Phelan replied EV purchasing has generally been done by wealthier people, and the selection of vehicles has been more expensive; however, that is changing gradually. He stated affordable housing residents typically own vehicles and they will likely become electrified over time. He stated putting the infrastructure in place for those vehicles now is much more cost effective than retrofitting the site later. Councilmember Peel stated she would not support this item as her preference would be to revisit the Building Code amendments to enact a different requirement for affordable housing developments. Mayor Pro Tem Francis thanked staff for their work on this item and commended the developed solution. Councilmember Pignataro made a motion, seconded by Councilmember Canonico, to adopt Ordinance No. 057, 2022, on First Reading. RESULT: ORDINANCE NO. 057, 2022 ADOPTED ON FIRST READING [6 TO 1] MOVER: Julie Pignataro, District 2 SECONDER: Tricia Canonico, District 3 AYES: Pignataro, Francis, Arndt, Canonico, Ohlson, Gutowsky NAYS: Peel • OTHER BUSINESS Mayor Pro Tem Francis stated Council needs to provide direction to staff related to returning to in-person work sessions. She stated the initial plan is to have the first hybrid work session on June 14. Interim City Manager DiMartino stated a hybrid option for work sessions would likely mean holding those meetings in the 222 Colorado Room as it has the necessary updated technology. Councilmember Pignataro stated the current U-shaped table arrangement used for work sessions is not the most collaborative and suggested staff explore some options. Interim City Manager DiMartino replied staff could at least develop a temporary solution. Councilmember Canonico reiterated her support for “no mow May” and requested and received Council support for examining a voluntary program. Interim City Manager DiMartino stated staff would provide information regarding where that type of program works well from a climate 1.1 Packet Pg. 24 Attachment: May 3, 2022 (11583 : Minutes - 05/03, 05/17) City of Fort Collins Page 208 perspective and suggested individuals could register with Code enforcement to participate in “no mow May” as a possibility. Motion to adjourn this meeting until after the completion of Electric Utility Enterprise Board business: Councilmember Pignataro made a motion, seconded by Councilmember Canonico, that Council adjourn this meeting until after the completion of the Electric Utility Enterprise Board business. RESULT: MOTION ADOPTED [UNANIMOUS] MOVER: Julie Pignataro, District 2 SECONDER: Tricia Canonico, District 3 AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky • ADJOURNMENT The meeting adjourned at 8:32 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.1 Packet Pg. 25 Attachment: May 3, 2022 (11583 : Minutes - 05/03, 05/17) City of Fort Collins Page 209 May 17, 2022 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM • ROLL CALL PRESENT: Francis, Arndt, Peel, Ohlson, Gutowsky ABSENT: Pignataro (Excused), Canonico (Excused) STAFF: DiMartino, Daggett, Hollingshead • AGENDA REVIEW: CITY MANAGER The Spanish interpretation options for the meeting were outlined and the video outlining public participation options was played. Interim City Manager DiMartino stated the agenda was amended to include a Community Report from Poudre Fire Authority and to make some formatting changes to Ordinance No. 060, 2022, as part of Item No. 8, Items Relating to the 2021 International Fire Code. • COMMUNITY REPORT: Poudre Fire Authority Annual Report. Chief Derek Bergsten introduced the Poudre Fire Authority District Board Members and staff. He discussed Poudre Fire Authority (PFA) as an entity and discussed the intergovernmental agreement that outlines the services provided by the Authority, its funding formula, budget, and how the Authority is governed. He discussed the 2021 call volume and promoted the free CPR classes and associated app that alerts trained individuals of nearby cardiac arrest victims offered by PFA. He discussed the recently adopted strategic plan and provided PFA’s annual report. Mayor Pro Tem Francis stated it has been an honor to serve on the PFA Board and commended the work of PFA. Councilmember Gutowsky stated she is also honored to serve on the PFA Board. • PUBLIC COMMENT ON ANY TOPIC OR ITEMS Emily Gallichotte commented on the Council priority related to minimum wage and encouraged staff to schedule an ordinance for Council consideration prior to the end of the year. Eric Sutherland requested Mayor Arndt provide a synopsis of her conversation with a developer regarding quasi-judicial matters coming before Council. He stated eligible individuals are not taking advantage of the food tax rebate. Rex Anderson requested staff enforce its Code related to the storage of junk items at houses in his neighborhood. Bill Gherardi expressed concern about the number of vehicles being parked on his street and stated he has reported houses that have more than three unrelated residents and has received no response from Code enforcement. • PUBLIC COMMENT FOLLOW-UP Councilmember Ohlson requested staff follow-up with Mr. Anderson and Mr. Gherardi. Interim City Manager DiMartino replied the issues are well-documented and staff will follow up. 1.2 Packet Pg. 26 Attachment: May 17, 2022 (11583 : Minutes - 05/03, 05/17) City of Fort Collins Page 210 • CONSENT CALENDAR Mayor Pro Tem Francis made a motion, seconded by Councilmember Ohlson, to adopt and approve all items on the Consent Agenda. RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS] MOVER: Emily Francis, District 6 SECONDER: Kelly Ohlson, District 5 AYES: Francis, Arndt, Peel, Ohlson, Gutowsky EXCUSED: Pignataro, Canonico 1. Second Reading of Ordinance No. 052, 2022, Making a Supplemental Appropriation of the Poudre River Native Fish Project Grant in the Natural Areas Fund. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on May 3, 2022, requests an appropriation of grant funds from Colorado Parks and Wildlife to the Natural Areas Department to complete a river habitat improvement project for native fish on the Cache la Poudre River. The grant funds will be used to create refuge pools in a side channel of the Cache la Poudre River for the rare, native plains topminnow and orange-spotted sunfish. The project is a value-added element to the City’s instream water right project underway at the CSU Environmental Learning Center (BFO 1.62, 9.16, 12.23). Flows for the refuge pools will be supplied by the instream water right. 2. Second Reading of Ordinance No. 053, 2022, Amending Certain Sections of Chapter 25 of the Code of the City of Fort Collins Relating to the Imposition, Collection, and Enfo rcement of the City’s Sales and Use Tax. (Adopted on Second Reading) This Ordinance, unanimously adopted as amended on First Reading on May 3, 2022, amends Chapter 25 of the City Code concerning sales and use tax. The updates include revisions to the Grocery Tax Rebate Program to provide greater administrative flexibility to staff to aid in alignment with the ongoing City-wide initiative to broaden access to City income-qualified programs. Other updates include, but are not limited to, clarifying definitions for the Manufacturing Use Tax Rebate Program, increasing the dollar threshold that determines when written agreements for tax settlements are required, creating an exemption from sales tax for the recently adopted disposable bag fee, and removing the tax exemption for cigarettes. 3. Second Reading of Ordinance No. 054, 2022, Approving the Vacation and Rededication of Four Permanent Utility Easements Located on Lots 2 and 3 of the Lakeview on the Rise Subdivision. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on May 3, 2022, vacates and accepts rededication of four permanent utility easements at the Lakeview on the Rise Subdivision. The four original easements (the “Original Easements”) were dedicated to the City prior to the initial construction and installation of the equipment and fixtures providing said utilities (the “Utility Equipment”). After construction was completed, the property owner determined that the Utility Equipment was not situated entirely within the boundaries of the Original Easements. To remedy this situation, staff recommends that the City vacate the Original Easements and accept a new Deed of Dedication of Easement (the “New Easement Deed”) in favor of the City providing for four permanent utility easements that correctly describe the location of the Utility Equipment (the “New Easements”). 4. Second Reading of Ordinance No. 055, 2022, Authorizing an Extension of the Temporary Exception to the Land Use Code to Allow T -Mobile to Place a Temporary Wireless Telecommunications Facility at 1800 East Harmony Road to Replace Lost Wireless Service Coverage. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on May 3, 2022, extends the authorization originally granted with Ordinance No. 167, 2021, for a temporary wireless telecommunication facility known as a cell-on-wheels (COW), operated by T-Mobile, currently located at 1800 East Harmony. 1.2 Packet Pg. 27 Attachment: May 17, 2022 (11583 : Minutes - 05/03, 05/17) City of Fort Collins Page 211 The current temporary authorization is set to expire on June 7, 2022. This temporary fac ility is in place to address a critical loss in T-Mobile's existing cellular coverage in south Fort Collins caused by T- Mobile’s removal of wireless equipment from Platte River Power Authority (“PRPA”) infrastructure, to be used only until a permanent facility (proposed at 4518 Innovation Drive) is fully constructed and operational no later than December 1, 2022. 5. Second Reading of Ordinance No. 056, 2022, Calling a Special Municipal Election to be Held in Conjunction with the November 8, 2022 Larimer County General Election. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on May 3, 2022, calls a Special Municipal Election to be held in conjunction with the November 8, 2022, Larimer County General election, preserving the opportunity for Council to place Council-initiated or citizen-initiated questions on the November ballot. If Council decides to place any questions on the ballot, it would need to accomplish this by no later than its September 6 meeting. If Council does not take action by ordinance or resolution before the statutory deadline (September 9) to certify ballot language to Larimer County, the election will be cancelled, and the provisions of this Ordinance will be of no further force and effect. This Ordinance does not submit any specific question(s) to the November 8 ballot. Adoption of it is, however, a required first step in preserving the option for Council to submit any questions that Council may desire at the November 8, 2022, General Election. 6. First Reading of Ordinance No. 058, 2022, Appropriating Prior Year Reserves in the Light & Power Fund for Purchase of Distribution and Substation Transformers. (Adopted on First Reading) The purpose of this item is to bring forward an off-cycle supplemental appropriation of Light & Power reserves to fund a capital project consisting of the purchase of distribution and substation transformers. Information from transformer vendors indicates that prices and lead times are rising significantly, due to supply chain and inflationary challenges. With respect to distribution transformers, it will be necessary to either scale back the number of distribution transformers the City planned to purchase this year or request an additional appropriation to permit purchase of the expected number of transformers necessary to accommodate new customers and prudent asset replacement. A reduction in the number of transformers purchased could negatively impact new development and system reliability. The proposed supplemental appropriation includes $1,432,000 to allow more distribution transformers to be ordered in 2022 so that sufficient stock can be delivered as soon as available, likely in late 2023 at the earliest. In addition, a new substation will be necessary to adequately serve the northeast areas of the City as those areas develop. The proposed supplemental appropriation also includes $2,234,000 for the two substation transformers needed to serve this load growth. Again, this supplemental appropriation is recommended to avoid waiting to place these orders when additional funds would otherwise become available in early 2023 and should allow these transformers to be delivered within the next three years given current lead-times. The total supplemental appropriation being proposed for Council consideration is for $3,666,000. 7. First Reading of Ordinance No. 059, 2022, Appropriating Philanthropic Revenue Received Through City Give for The Gardens on Spring Creek. (Adopted on First Reading) The purpose of this item is to appropriate $55,000 in philanthropic revenue in the Cultural Services Fund for The Gardens on Spring Creek to support operations as designated by the donor and community partner, The Friends of the Gardens on Spring Creek. 8. Items Relating to the 2021 International Fire Code. (Adopted on First Reading) A. First Reading of Ordinance No. 060, 2022, Amending Chapter 9 of the Code of the City of Fort Collins for the Purpose of Repealing the 2018 International Fire Code and Adopting the 2021 International Fire Code, with Amendments. 1.2 Packet Pg. 28 Attachment: May 17, 2022 (11583 : Minutes - 05/03, 05/17) City of Fort Collins Page 212 B. First Reading of Ordinance No. 064, 2022, Making Changes to Fort Collins City Code Section 2-173 Related to the Adoption of the 2021 International Fire Code, with Amendments. The purpose of this item is to repeal the 2018 International Fire Code and adopt the 2021 International Fire Code (“IFC”), with local amendments. The International Code Council (“ICC”) publishes updated codes every three years. The Poudre Fire Authority Board of Directors has reviewed and approved this code package and is requesting the code be adopted as amended. The 2021 IFC proposed for adoption provides that appeals of decisions by the fire code official (Fire Chief, or by delegation, Fire Marshall) shall be heard by the Fort Collins Building Review Comm ission acting as the Fire Board of Appeals, as did the 2018 Fire Code. Ordinance No. 064, 2022 makes a related change to City Code Section 2-173 to reflect the Commission’s responsibility to serve as the Fire Board of Appeals as set forth in the 2021 IFC. 9. First Reading of Ordinance No. 061, 2022, To Increase from Five to Seven the Number of Directors on the Board of Directors of the Fort Collins Tourism Improvement District and to Make an Appointment to One of the New Director Positions. (Adopted on First Reading) The purpose of this item is to amend the ordinance Council adopted in August 2021 to establish the Fort Collins Tourism Improvement District (District). The proposed Ordinance expands the District’s Board of Directors (Board) from five to seven directors and it would appoint the director for one of the newly created positions. The Board seeks broader representation from the District. The Board’s expansion would allow two at-large electors to serve on the Board. The Board has nominated Abbie Stout, owner of the Edwards House, to fill one of these new positions. The other position will remain vacant until the Board finds an eligible elector who is willing and able to serve on the Board. 10. Resolution 2022-057 Approving an Intergovernmental Agreement for Technical Support Services Between the City of Fort Collins and Platte River Power Authority. (Adopted) The purpose of this item is for approval of an Intergovernmental Agreement (IGA) with Platte River Power Authority (Platte River) for technical support services to replace the long-standing expiring three-party agreement between the City, Platte River, and Longmont for utility customer information system (CIS) support. This new IGA defines the revised expectations related t o the services Platte River will provide strictly to the City of Fort Collins in support of its Hansen/Banner CIS. • CONSENT CALENDAR FOLLOW-UP Councilmember Peel commended the fundraising work done related to Item No. 7, First Reading of Ordinance No. 059, 2022, Appropriating Philanthropic Revenue Received Through City Give for The Gardens on Spring Creek. • STAFF REPORTS Interim City Manager DiMartino stated free mulch day has been reinstated for Saturday, May 21. • COUNCILMEMBER REPORTS Mayor Arndt reported on attending ICLEI – Local Governments for Sustainability’s World Congress meeting. Councilmember Peel reported on attending the Front Range Community College graduation ceremony and Colorado Municipal League meetings. 1.2 Packet Pg. 29 Attachment: May 17, 2022 (11583 : Minutes - 05/03, 05/17) City of Fort Collins Page 213 • DISCUSSION ITEMS 11. Second Reading of Ordinance No. 057, 2022, Appropriating Prior Year Reserves in the General Fund to Provide Cost-Sharing Related to Electric Vehicle Charging Infrastructure at Affordable Housing Developments. (Adopted on Second Reading) This Ordinance, adopted on First Reading on May 3, 2022 by a vote of 6 -1 (Nay: Peel), requests an off-cycle appropriation from General Fund Reserves in the amount of $238,000 to provide cost-sharing related to Electric Vehicle (EV) charging infrastructure required at Affordable Housing (AH) developments in 2022. Staff estimates that 237 affordable homes currently in the City’s development review process may apply for building permits during 2022. Councilmember Peel asked how these funds will be allocated in ongoing budgets. Kirk Longstein, Energy Services, replied the current appropriation is for 2022 as a pilot year and there is a budget offer for 2023-2024 to continue funding. Councilmember Peel expressed concern this is throwing money at a created problem and noted many people who purchase electric vehicles are in upper income brackets. Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, to adopt Ordinance No. 057, 2022, on Second Reading. RESULT: ORDINANCE NO. 057, 2022 ADOPTED ON SECOND READING [4 TO 1] MOVER: Emily Francis, District 6 SECONDER: Susan Gutowsky, District 1 AYES: Francis, Arndt, Ohlson, Gutowsky NAYS: Peel EXCUSED: Pignataro, Canonico 12. First Reading of Ordinance No. 062, 2022, Authorizing and Approving the Execution and Delivery by the City of One or More Amendments to 2019 Trust Indenture, Leases and Other Related Documents for the Issuance of 2022 Certificates of Participation for the Financing of Certain City Projects. (Adopted on First Reading) The purpose of this item is to consider an Ordinance authorizing the amendment of ce rtain 2019 lease documents and approval of other related documents for the issuance of certificates of participation (COPs), the funds from which will be used for the acquisition of the Hughes Stadium land, construction of the Southridge golf course irrigation system improvements, construction of the Fleet shop expansion, and such additional projects as City Council may approve by resolution. Travis Storin, Chief Financial Officer, stated this package would finance three distinct City projects through a Certificate of Participation (COPs) debt instrument. He noted this financing package for the Hughes Stadium property will be available for activation when a purchase and sale agreement is finalized. Blaine Dunn, Accounting Director, stated the COPs financing will be authorizing the financing of the Hughes Stadium land purchase, the Southridge Golf Course irrigation system, and the Fleet Shop expansion on Wood Street. He provided additional detail on the voter-approved ballot measure for purchase of the Hughes Stadium property and the financing thereof. He noted costs will be retroactively allocated based on the final land use of the property. Dunn also provided additional detail on the Southridge irrigation project and Fleet Shop expansion. He detailed the financing package and payment information. 1.2 Packet Pg. 30 Attachment: May 17, 2022 (11583 : Minutes - 05/03, 05/17) City of Fort Collins Page 214 Amanda Newton, Senior Treasury Analyst, discussed the collateral needed for the COPs issuance and outlined the staff recommendation for those collateral offerings and the mixed repayment terms. She discussed the steps moving forward assuming adoption of this ordinance. Eric Sutherland discussed the absence of any explanation of what percentage of the City’s available tax revenues would thereafter be committed to the repayment of the debt. He noted sales tax revenues may decrease in the coming years and questioned why the golf courses are not being used as collateral. Additionally, he stated he was under the impression golf was an enterprise fund. Rich Stave expressed concerns like those of Mr. Sutherland and questioned why other City assets are being pledged to obtain the loan for the Hughes property. Councilmember Peel asked whether golf is an enterprise fund. Storin replied golf is managed in the City’s financials as an enterprise fund; however, it is not set up with the same TABOR enterprise status as the Utilities from a legal perspective. He noted the golf portion of this debt will be paid for with golf revenues and there is a strict line of separation for that within the financial systems. Councilmember Peel asked why City assets are being pledged as collateral. Storin replied this is not general obligation debt and therefore does not have the same requirements under TABOR. He stated a COP instrument is one where an asset is leased out to the bank then leased back by the City, somewhat like a mortgage. Dalton Kelley, Butler Snow, LLP, bond counsel, stated this is a lease back structure; therefore, there is no opportunity for the trustee to foreclose or sell the property. The City leases the property to the trustee, and the trustee pays all lease payments upfront, then the City leases back the property over the term. Maddie Prodanovic, Hilltop Securities, municipal advisor, stated there is a challenge with trying to purchase a piece of property and simultaneously using it as a lease asset. Councilmember Gutowsky asked if there are any risk factors in this transaction from the City’s perspective. John Duval, Deputy City Attorney, replied the risk would be related to future Councils not appropriating the funds for annual COP payments in the future thereby leading the bank trustee to be able to lease out the collateral properties. Councilmember Gutowsky asked if a downturn in the economy could lead to difficulties in repayment of the debt. Storin replied there are always economic risks with any type of debt transaction, and this item would commit the City to a 15-year repayment obligation. He stated the annual payment of roughly $1.8 million makes up around 0.6% of the City’s governmental revenue. He noted any decision to not fund debt repayment would be a Council-level decision and it is the City’s practice to set aside debt service payments prior to budget offers being considered. Councilmember Gutowsky asked how the capital project list is generated. Storin replied the Southridge irrigation system is well past its lifespan, and it has typically been the practice of the City to line up the payments of a decade plus asset with the timeline in which that asset is going to be in service. Councilmember Gutowsky asked if there are likely to be additional COP requests soon. Storin replied there is a Council-adopted policy regarding the City’s debt cap and there is currently a 1.2 Packet Pg. 31 Attachment: May 17, 2022 (11583 : Minutes - 05/03, 05/17) City of Fort Collins Page 215 significant cap between the current debt load and what the City is legally authorized to be able to issue. He stated it is possible the City could be considering a COP issuance for the Civic Center Master Plan, probably no earlier than 2027, or possibly for the ballot-obligated southeast aquatics facility. Councilmember Gutowsky asked if there will be any restriction on the ability of the City to use the Hughes property. Storin replied the binding guidance would not exist as the result of the financial instrumentation but rather as a product of the City’s Codes and land use determinations. Mayor Arndt questioned how the irrigation system and Fleet Shop expansion were identified as priorities as they were not part of the budgeting process. Storin replied it is staff’s practice to defer as many of those decisions as possible to the budgeting process; however, both of these projects are run as proprietary funds, therefore, their own revenues must support their operations. He commented on BFO not being well suited for large capital projects. Mayor Pro Tem Francis made a motion, seconded by Councilmember Ohlson, to adopt Ordinance No. 062, 2022, on First Reading. RESULT: ORDINANCE NO. 062, 2022 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Emily Francis, District 6 SECONDER: Kelly Ohlson, District 5 AYES: Francis, Arndt, Peel, Ohlson, Gutowsky EXCUSED: Pignataro, Canonico 13. First Reading of Ordinance No. 063, 2022, Making Supplemental Appropriations from a Portion of the City’s American Rescue Plan Act (ARPA) Funding for Local Fiscal Recovery Related to the COVID-19 Pandemic. (Adopted on First Reading) The purpose of this item is to seek a mid-cycle appropriation of $4.1M of the Organization’s remaining $19.9M of American Rescue Plan Act (ARPA) Funds to support pandemic recovery efforts. These projects were reviewed and selected by the Recovery Executive Lead Team because they address immediate needs for both community and enterprise recovery. These projects align with the City’s Recovery Plan and have also been reviewed by Council Finance Committee. Travis Storin, Chief Financial Officer, stated this is a mid-cycle American Rescue Plan Act (ARPA) appropriation and he discussed the previous ARPA appropriations and remaining funds that will be part of the budgeting process. Joanne Cech, incoming Fiscal Recovery Manager, noted all ARPA related funding decisions have followed a very consistent process related to eligibility per federal requirements and review by the Recovery Executive Lead Team. She provided additional information regarding the federal requirements for expenditure of the funds and discussed this $4 million appropriation and associated requested FTEs. Councilmember Ohlson requested clarification regarding what was to be a contract position now being an ongoing position. Cech replied the only ongoing position that was not in the Council Finance Committee presentation is the capital program business liaison that will reside in the Economic Health Office. Storin noted the proposal for that position is to use ARPA funds this year to activate the program; however, the budget offer Council will consider in the fall is jointly funded between the General Fund and Utilities. 1.2 Packet Pg. 32 Attachment: May 17, 2022 (11583 : Minutes - 05/03, 05/17) City of Fort Collins Page 216 Councilmember Peel asked if a mid-cycle appropriation was always planned for these funds. Storin replied the adoption of the recovery plan by Council involved mid-cycle appropriations for immediate needs to activate funds prior to January 1, 2023. Councilmember Peel commented on a small business grant program being implemented in Denver and asked if a similar program could be implemented in Fort Collins now or if it would need to wait for the budget process. Storin replied staff would look for direction from staff in that regard. Interim City Manager DiMartino stated she has requested staff provide further detail on that type of program prior to Second Reading. Mayor Arndt asked about the wisdom of making ongoing FTE commitments with one-time ARPA funds. Storin replied the funds must be committed by 2024 and spent by 2026, and there are risks to making commitments beyond those dates; therefore, staff has endeavored to make the positions referenced contractual rather than classified, with the exceptions of the mental health response team and capital projects mitigation specialist. Mayor Arndt suggested staff report to Council when the ARPA funds and the contractual positions expire. Cech replied that would occur. Mayor Pro Tem Francis made a motion, seconded by Councilmember Peel, to adopt Ordinance No. 063, 2022, on First Reading. RESULT: ORDINANCE NO. 063, 2022 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Emily Francis, District 6 SECONDER: Shirley Peel, District 4 AYES: Francis, Arndt, Peel, Ohlson, Gutowsky EXCUSED: Pignataro, Canonico • OTHER BUSINESS A. Consideration of a motion to go into executive session to discuss legal questions related to pending and anticipated Halligan Reservoir real property-related litigation, including eminent domain litigation, and related to water court litigation for the Montava PUD development: Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, that the City Council go into executive session 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), for the purpose of discussing with the City’s attorneys and appropriate management staff the following items: 1. Specific legal questions related to litigation regarding the acquisition of property interests for the Halligan Reservoir Project, including pending and anticipated eminent domain and other litigation; and 2. Specific legal questions related to litigation regarding water rights for the Montava PUD Development, including pending and anticipated water court and other litigation; and 1.2 Packet Pg. 33 Attachment: May 17, 2022 (11583 : Minutes - 05/03, 05/17) City of Fort Collins Page 217 3. The manner in which the particular policies, practices or regulations of the City related to the determination of water adequacy for proposed developments may be affected by existing or proposed provisions of federal, state or local law. RESULT: MOTION ADOPTED [UNANIMOUS] MOVER: Emily Francis, District 6 SECONDER: Susan Gutowsky, District 1 AYES: Francis, Arndt, Peel, Ohlson, Gutowsky EXCUSED: Pignataro, Canonico • ADJOURNMENT The meeting adjourned at 9:38 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.2 Packet Pg. 34 Attachment: May 17, 2022 (11583 : Minutes - 05/03, 05/17) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY June 7, 2022 City Council STAFF Adam Bromley, Director of Operations & Technology Kendall Minor, Utilities Executive Director Lance Smith, Utilities Strategic Finance Director Cyril Vidergar, Legal SUBJECT Second Reading of Ordinance No. 058, 2022, Appropriating Prior Year Reserves in the Light & Power Fund for Purchase of Distribution and Substation Transformers. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 17, 2022, brings forward an off-cycle supplemental appropriation of Light & Power reserves to fund a capital project consisting of the purchase of distribution and substation transformers. Information from transformer vendors indicates that prices and lead times are rising significantly, due to supply chain and inflationary challenges. With respect to distribution transformers, it will be necessary to either scale back the number of distribution transformers the City planned to purchase this year or request an additional ap propriation to permit purchase of the expected number of transformers necessary to accommodate new customers and prudent asset replacement. A reduction in the number of transformers purchased could negatively impact new development and system reliability. The proposed supplemental appropriation includes $1,432,000 to allow more distribution transformers to be ordered in 2022 so that sufficient stock can be delivered as soon as available, likely in late 2023 at the earliest. In addition, a new substation w ill be necessary to adequately serve the northeast areas of the City as those areas develop. The proposed supplemental appropriation also includes $2,234,000 for the two substation transformers needed to serve this load growth. Again, this supplemental a ppropriation is recommended to avoid waiting to place these orders when additional funds would otherwise become available in early 2023 and should allow these transformers to be delivered within the next three years given current lead-times. The total supplemental appropriation being proposed for Council consideration is for $3,666,000. Council Finance Committee minutes that were not available for First Reading have been included. STAFF RECOMMENDATION Staff recommends the adoption of the Ordinance on Sec ond Reading. ATTACHMENTS 1. Council Finance Committee Minutes (excerpt) (PDF) 2. First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (PDF) 3. Ordinance No. 058, 2022 (PDF) 2 Packet Pg. 35 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 May 5, 2022, 4-6 pm Zoom Council Attendees: Julie Pignataro, Kelly Ohlson, Emily Francis, Susan Gutowsky Staff: Kelly DiMartino, Travis Storin, Kyle Stannert, Tyler Marr, Carrie Daggett, John Duval, Teresa Roche, Chirs Martinez, Kevin Wilkins, Gerry Paul, Blaine Dunn, Randy Bailey, Trevor Nash, Amanda Newton, Renee Callas, Jo Cech, Amanda King, Sarah Meline, Jackie Thiel, Javier Echeverria Diaz, Claudia Menendez, SeonAh Kendall, Rachel Askeland, Kevin Wilkins Beth Yonce, Beth Rosen, Brittany Depew, Dave Lenz, Sheena Freve, Zack Mozer, Molly Reeves, Lawrence Pollack, Rachel Springob, Victoria Shaw, Caryn Champine, Monica Martinez, Marcy Yoder, JC Ward, Lance Smith, Adam Bromley, Judy Hueser, Tracy Ochsner, Erik Martin, Brian Hergott, Ingrid Decker, Patty Netherton, Carolyn Koontz Others: Kevin Jones, Chamber ______________________________________________________________________________ Meeting called to order at 4:00 pm Approval of minutes from the April 7, 2022, Council Finance Committee Meeting. Kelly Ohlson moved for approval of the minutes as presented. Emily Frances seconded the motion. Minutes were approved unanimously via roll call by; Julie Pignataro, Kelly Ohlson and Emily Francis. A.Light & Power Supplemental Appropriation Adam Bromley, Interim Deputy Director, Utilities Lance Smith, Director, FP&A EXECUTIVE SUMMARY Based on information from vendors of distribution transformers, it is necessary to either scale back the number of transformers the City will purchase this year or request an additional appropriation to maintain the expected transformer demand for both growth as well as prudent asset replacements. A reduction in the number of transformers purchased could negatively impact new development and system reliability. Staff is recommended a supplemental appropriation of $1,432,000 which would allow for more transformers to be ordered in 2022 to be delivered as soon as they are available, likely in late 2023 at the earliest. Looking toward future growth a new substation will be necessary to adequately serve the northeast areas of the City as those areas are developed. A supplemental appropriation is also being requested to order the two ATTACHMENT 1 2.1 Packet Pg. 36 Attachment: Council Finance Committee Minutes (excerpt) (11643 : SR 058 L&P Distribution & Substation Transformers) substation transformers that will be needed to serve this load growth. Again, this supplemental appropriation rather than waiting for additional funds to become available in early 2023 will allow these transformers to be delivered within the next 3 years. Staff is proposing to bring forth an appropriation ordinance which also includes $2,234,000 for two substation transformers. The total supplemental appropriation being proposed for your consideration is for $3,666,000.00. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Does Council Finance Committee support an off-cycle appropriation of L&P reserves to procure enough distribution transformers so that L&P can support new construction and necessary replacements through 2024? In addition, does Council Finance Committee support an off-cycle appropriation of L&P reserves to begin the procurement process for two (2) substation transformers that will be used to complete the construction of a new substation that serves Northeast Fort Collins? BACKGROUND/DISCUSSION Distribution Transformers In the last six weeks or so, L&P staff has engaged with the distribution transformer manufacturer industry to better understand the significant price increases to the transformers that we typically purchase. The main drivers of the price increases are related to supply chain issues mainly related to shortages and/or significant inflationary pressures for almost all raw materials used to construct a distribution transformer including transformer core steel and aluminum secondary winding supplies. While some manufacturers are better off than others, simply due to their buying power and existing contracts in these markets, these supply chain issues have far-reaching impacts to prices, lead times, labor and transportation costs, and production capacity. What we’re hearing from the industry related to supply chain issues suggests that these price increases and extended lead times will definitely endure the short term (i.e., through 2023) and will likely continue into a longer term, if not permanent, scenario. L&P typically purchases a year’s worth of transformers in advance; L&P uses the economic order quantity estimating methodology using historical usage data for each stock number along with known future work order needs to arrive at the quantity for purchase for each year. This methodology works really well when lead times are reasonable (i.e., 10-20 weeks) or if lead time increases changed very gradually. Depending on the specific needs of the transformer design, lead times can be 3-5 times longer than what we saw at this time last year, which does not provide enough time to react adequately. There are quite a few new developments and capital projects on the horizon so we can assume that new construction needs will not go away in the near future. L&P projects that current stock levels could last until next summer or fall (2023) if we are very intentional with how we use units that we have. However, because lead times for the transformers we use the most often are greater than 1.5 years, we need to order as many as we can now to make sure that they arrive close to when we’re projecting the existing stock to run out. Based on historical usage and projected needs, L&P staff has identified three transformer models (specific size and type) with the highest likelihood of use prior to the end of 2023. Staff intends to utilize existing budget appropriated for one order of the single most used transformer type and size (single phase submersible). The requested supplemental appropriation will fund an additional quantity of that same transformer type and size as well as necessary quantities of the other two transformer models with the highest usage (three phase pad mounted, 75 kVA and 150 kVA). Because we are relying on existing stock in the other transformer models and we will need to stay ahead of the long lead times moving into the future, orders for all transformer models will need to be placed at the beginning of 2023 and 2024 in order to receive those transformers in 2024 and 2025. 2.1 Packet Pg. 37 Attachment: Council Finance Committee Minutes (excerpt) (11643 : SR 058 L&P Distribution & Substation Transformers) This will change the estimated budget for transformers that was originally planned in the Capital Improvement Plan (CIP) and 2023/24 BFO offer. All of these changes are shown in the table below. 2022 2022 Transformer Order Total Cost $2.225 M 2022 Transformer Budget $0.793 M Supplemental Appropriation Request to fulfill Total Cost $1.432 M 2023 2024 Transformer Budget Planned in CIP $1.132 M $1.260 M Updated BFO Offer for Transformer Budget $4.123 M $3.749 M Staff has done enough research to feel confident that these orders along with a supplemental appropriation for additional orders will supplement existing stock levels so that L&P can continue to serve existing and new development. Staff also has contingency plans in place to ensure delivery of electric service to new and existing customers. Substation Transformers Anticipated annexations and growth in NE Fort Collins will require a new to supply electric capacity to new customer loads so as to not overburden existing substations in the surrounding areas. A new substation will allow for Light & Power to continue to operate the system at our current substation and feeder design standards which guarantee high reliability and stability. Typically, each substation comprises two substation power transformers and substation switchgear. This new substation is a planned project in the Capital Improvement Plan (CIP) that was scheduled for the 2023/24 budget cycle. Due to price increases and lead times for distribution transformers, staff was concerned that power transformers would have similar supply chain issues. Upon reaching out to the manufacturer that provided power transformers to L&P in the recent past, we found that there are similar supply chain issues affecting power transformer manufacturers. Lead times for these power transformers are longer than 3 years at this point; however, prices didn’t increase in the same manner. In order to avoid even longer delays for these transformers, a supplemental appropriation to begin the procurement process immediately is prudent. The lead times of these transformers does change the trajectory of the substation construction schedule and associated purchases of other high dollar materials (i.e., switchgear). The same amount of capital dollars is proposed to complete construction of the new substation; however, it will be allocated different than what was planned for in the CIP. The table below shows what was planned for in the CIP and what changes to that plan are if supplemental appropriation and BFO offer are approved. 2022 2023 2024 2021 Capital Improvement Plan $6.649 M $3.761 M Supplemental Appropriation/Updated BFO offer $2.234 M $0.300 M $7.876 M The following table shows where L&P reserves are and will be after these supplemental appropriations: DESCRIPTION TOTAL 2.1 Packet Pg. 38 Attachment: Council Finance Committee Minutes (excerpt) (11643 : SR 058 L&P Distribution & Substation Transformers) Year-End 2020 Total Reserves $48.7 M Minimum Required ($8.0 M) Appropriated ($17.1 M) Year-End 2020 Reserves Available $23.4 M 2021 Preliminary Additions ~ $19 M Year-End 2021 Reserves Available ~$42 M Connexion Funding ($20 M) Transformers ($3.6 M) Remaining Reserves ~$18.4 M GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Does Council Finance Committee support an off-cycle appropriation of L&P reserves to procure enough distribution transformers so that L&P can support new construction and necessary replacements through 2024? In addition, does Council Finance Committee support an off-cycle appropriation of L&P reserves to begin the procurement process for two (2) substation transformers that will be used to complete the construction of a new substation that serves Northeast Fort Collins? DISCUSSION / NEXT STEPS: 2.1 Packet Pg. 39 Attachment: Council Finance Committee Minutes (excerpt) (11643 : SR 058 L&P Distribution & Substation Transformers) 2.1 Packet Pg. 40 Attachment: Council Finance Committee Minutes (excerpt) (11643 : SR 058 L&P Distribution & Substation Transformers) On April 14th, we received unanimous support from the Energy Board to move forward with both supplemental appropriations from reserves. Julie Pignataro; I am a yes to both – my main concern was the health of the reserves, but I understand why we need to do this. Adam Bromley confirmed that the minimum required fund balance is $8M and the remaining available balance after these appropriations would be $18M Julie Pignataro; do transformers wear out? Are we replacing them or are these new? Adam Bromley; they do have useful life and depending on several different factors we do proactively replace Substation transformers are built, and they have mechanisms in place that help extend their life They are a high dollar item and are critical Julie Pignataro; are transformers recyclable? Adam Bromley; we send them to the company we contract with, and they do all of the necessary recycling and scraping. Julie Pignataro; and the cost is fixed when you buy them no matter how long it takes to get here? Adam Bromley; this is unprecedented in the industry – this specific scenario - once we make that purchase and we are under contract with the manufacturer the cost is fixed however we could see that shift a bit – they may come back with some T&Cs saying they might need to change the prices because of the long lead times but we haven’t seen that play out yet. Lead times were still relatively short at the end of 2021. 2.1 Packet Pg. 41 Attachment: Council Finance Committee Minutes (excerpt) (11643 : SR 058 L&P Distribution & Substation Transformers) Lead times went from 10-20 weeks turnaround to 80-90 weeks (3-4 times longer lead time) Trying to buy more upfront to make sure we have what we need going forward. Emily Francis; I am a yes to both - this makes sense due to lead times etc. Have you talked about projecting the use of transformers – our projected use for electrification of homes and businesses and EV charging Adam Bromley; we are just starting to understand how that is going to affect our planning and design processes The transformers will be adequate and we do have the ability to upsize a transformer if we need to - if there is too much load on a certain area – with electrification we are also looking at trying to shift some of the loads to different times to even things out so you are not always hitting that transformer with tons of load all at the same time – spread out throughout the day which will take some planning and technology to do that well. The transformers we are putting out there are going to be able to handle the electrification, but we are going to need to update some of our processes. Emily Francis; what is the life span of a transformer? Adam Bromley; it can be 40 years, but some are shorter, and some are longer – a lot depends on what happens in the vault environment – water, loading and other factors impact life span as well. In general, 40 years is where we are seeing that cut off. We are trying to integrate what we are seeing with electrification into our planning processes There are some unknowns as part of that – load factor involved with the new heat pumps – what will EVs look like on the system –there is some work to do in order to understand what the future looks like and trying to incorporate that into our planning and designing processes. Kelly Ohlson; yes and yes – a very thorough presentation OTHER BUSINESS: Travis Storin; I did want to highlight following up on the discussion at Council Tuesday evening that the Grocery Tax Rebate Program is scheduled to come back to this committee in July. Meeting Adjourned at 5:25 pm 2.1 Packet Pg. 42 Attachment: Council Finance Committee Minutes (excerpt) (11643 : SR 058 L&P Distribution & Substation Transformers) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY May 17, 2022 City Council STAFF Adam Bromley, Director of Operations & Technology Kendall Minor, Utilities Executive Director Lance Smith, Utilities Strategic Finance Director Cyril Vidergar, Legal SUBJECT First Reading of Ordinance No. 058, 2022, Appropriating Prior Year Reserves in the Light & Power Fund for Purchase of Distribution and Substation Transformers. EXECUTIVE SUMMARY The purpose of this item is to bring forward an off-cycle supplemental appropriation of Light & Power reserves to fund a capital project consisting of the purchase of distribution and substation transformers. Information from transformer vendors indicates that prices and lead times are rising significantly, due to supply chain and inflationary challenges. With respect to distribution transformers, it will be necessary to either scale back the number of distribution transformers the City planned to purchase this year or request an additional appropriation to permit purchase of the expected number of transformers necessary to accommodate new customers and prudent asset replacement. A reduction in the number of transformers purchased could negatively impact new development and system reliability. The proposed supplemental appropriation includes $1,432,000 to allow more distribution transformers to be ordered in 2022 so that sufficient stock can be delivered as soon as available, likely in late 2023 at the earliest. In addition, a new substation will be necessary to adequately serve the northeast areas of the City as those areas develop. The proposed supplemental appropriation also includes $2,234,000 for the two substation transformers needed to serve this load growth. Again, this supplemental appropriation is recommended to avoid waiting to place these orders when additional funds would otherwise become available in early 2023 and should allow these transformers to be delivered within the next three years given current lead-times. The total supplemental appropriation being proposed for Council consideration is for $3,666,000. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Distribution Transformers Light & Power (L&P) staff has engaged with the distribution transformer manufacturer industry to better understand the significant price increases to the transformers that are typically purchased. The main drivers of the price increases are related to supply chain issues mainly related to shortages and/or significant inflationary pressures for almost all raw materials used to construct a distribution transformer, including transformer core steel and aluminum secondary winding supplies. While some manufacturers are better off than others due to their buying power and existing contracts in these markets, these supply chain issues have far-reaching impacts to prices, lead times, labor and transportation costs, and production capacity. Recent industry communications ATTACHMENT 2 COPY2.2 Packet Pg. 43 Attachment: First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (11643 : SR 058 L&P Distribution & Substation Agenda Item 6 Item # 6 Page 2 related to supply chain issues suggest that these price increases and extended lead times will endure the short term (i.e., through 2023) and will likely continue longer term or become permanent. L&P typically purchases a year’s worth of transformers in advance. L&P uses the economic order quantity estimating methodology, which considers historical usage data for each stock number along with known future work order needs, to arrive at the number of transformers to be purchased each year. This methodology works well when lead times are reasonable (i.e., 10-20 weeks) or if lead time increases gradually. Depending on the specific transformer design needed, lead times can be approximately three to five times longer than seen in 2021, which does not provide enough time to react adequately. New developments and capital projects are on the horizon and L&P anticipates that new construction needs will not go away soon. L&P projects its current stock of distribution transformers may last until the summer or fall of 2023 with intention and judicious use of the units. Due to the greatly increased lead times on these transformers and to avoid running out of current transformer stock, L&P needs to order transformers now. Based on historical usage and projected needs, L&P staff has identified three transformer models (specific size and type) that are most likely to be needed prior to the end of 2023. Staff intends to use existing appropriated funds to order the single most used transformer type and size (single phase submersible). The requested supplemental appropriation will fund an additional quantity of that same transformer type and size, as well as necessary quantities of the other two high-use transformer models (three phase pad mounted, 75 kVA and 150 kVA). Because L&P relies on existing stock in the other transformer models and will need to stay ahead of the long lead times moving into the future, orders for all transformer models will need to be placed at the beginning of 2023 and 2024 to receive those transformers in 2024 and 2025. This will change the estimated budget for transformers that was originally planned in the Capital Improvement Plan (CIP) and 2023/24 BFO offer. All changes are shown in the table below. 2022 2022 Transformer Order Total Cost $2.225 M 2022 Transformer Budget $0.793 M Supplemental Appropriation Request to fulfill Total Cost $1.432 M 2023 2024 Transformer Budget Planned in CIP $1.132 M $1.260 M Updated BFO Offer for Transformer Budget $4.123 M $3.749 M Staff has researched and feels confident that these orders, along with the proposed supplemental appropriation for the identified additional orders, will supplement existing stock levels such that L&P can continue to serve existing and new development. Staff also has contingency plans in place to ensure delivery of electric service to new and existing customers due to unexpected circumstances. Substation Transformers Anticipated annexations and growth in northeast Fort Collins will require a new substation to supply electric capacity to new customer loads to avoid overburdening existing substations in surrounding areas. A new substation will allow L&P to continue operating the system at current substation and feeder design standards, which guarantee high reliability and stability. Typically, each substation includes two substation power transformers and substation switchgear. This new substation is a planned in the Capital Improvement Plan (CIP) and scheduled for the 2023/24 budget cycle. Staff also reached out to the manufacturer that historically provided substation transformers to L&P and consulted other industry sources and discovered there are similar supply chain issues affecting substation transformer manufacturers. While lead times for these transformers are longer than 3 years at this point, prices do not appear to be increasing in the same manner. To avoid these longer delays for substation transformers, the proposed supplemental appropriation will facilitate immediate commencement of the procurement process. COPY2.2 Packet Pg. 44 Attachment: First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (11643 : SR 058 L&P Distribution & Substation Agenda Item 6 Item # 6 Page 3 The lead times for substation transformers does change the trajectory of the substation construction schedule and associated purchases of other high dollar materials (i.e., switchgear). The same amount of capital dollars is proposed to complete construction of the new substation; however, it will be allocated differently than what was planned for in the CIP. The table below shows plan reflected in the CIP and the changes to that plan if the proposed supplemental appropriation and BFO offer are approved. 2022 2023 2024 2021 Capital Improvement Plan $6.649 M $3.761 M Supplemental Appropriation/Updated BFO offer $2.234 M $0.300 M $7.876 M CITY FINANCIAL IMPACTS Staff does not anticipate any negative financial impacts related to the appropriation from L&P reserves, which will maintain a healthy positive balance after the proposed appropriation. Knowing that future budget cycles will be impacted by supply chain constraints and significant price increases, Utilities’ leadership will continue to refine anticipated capital investment needs and escalating operating costs, and balance those needs with future rate adjustments and debt issuances. The following table shows the approximate impacts to L&P reserves after the proposed appropriation: Description 0BTotal $ Year-End 2020 Total Reserves $48.7 M Minimum Required ($8.0 M) Currently Appropriated ($17.1 M) Year-End 2020 Reserves Available $23.4 M 2021 Preliminary Additions ~$19 M Year-End 2021 Reserves Available ~$42 M Connexion Funding ($20 M) Distribution & Substation Transformers ($3.7 M) Remaining Reserves ~$18.3 M BOARD / COMMISSION RECOMMENDATION Staff presented this request to Council Finance Committee on May 5, 2022. Staff also presented the proposed supplemental appropriation to the Energy Board at its regular meeting on April 14, 2022. The Board voted unanimously to support the supplemental appropriation of L&P reserves. (Attachment 1) Adoption of these minutes is anticipated at the regular Board meeting on May 12, 2022. ATTACHMENTS 1. Energy Board (excerpt) (PDF) COPY2.2 Packet Pg. 45 Attachment: First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (11643 : SR 058 L&P Distribution & Substation -1- ORDINANCE NO. 058, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE LIGHT & POWER FUND FOR PURCHASE OF DISTRIBUTION AND SUBSTATION TRANSFORMERS WHEREAS, the budget needs for Electric Utility Distribution System infrastructure replacement projects requested in the 2022 Budgeting for Outcomes (BFO) process included all known capital projects at that time; and WHEREAS, recent changes in supply markets and increased load growth create a need for the Electric Utility to accelerate orders for replacement distribution and substation infrastructure; and WHEREAS, the current funding shortfall between the approved Electric Distribution System infrastructure replacement projects requested in the 2022 BFO process and currently identified needs is due to unanticipated load growth-related projects, escalating materials and construction costs, and significantly longer manufacturer order fulfillment lead times; and WHEREAS, this Ordinance appropriates $3,666,000 from the (Electric Utility Enterprise) Light & Power Fund reserves to be spent in the Electric Distribution System Replacement project to accelerate ordering of planned replacement distribution and substation transformers to address current and emerging market conditions that may compromise replacement schedules or delay planned expansion projects; and WHEREAS, this supplemental appropriation benefits the public health, safety and welfare of the residents of Fort Collins and benefits Electric Utility ratepayers by proactively ordering stock for use in completing scheduled and emerging replacement of high-use infrastructure and installation of new substation facilities in growth areas in order to maintain reliability and reduce outage frequency; and WHEREAS, Utilities staff believes proactively placing orders for such equipment earlier than initially planned will capture currently lower supply and construction costs than those anticipated in coming budget cycles and accommodate longer market order lead times, allowing Utility Services to receive such equipment by planned replacement or installation dates and maintain its high service standards; and WHEREAS, in 1995, the City Council adopted Article XII of City Code Chapter 23 to establish a program to acquire, exhibit and maintain art in public places to be funded by including in the Council’s appropriations for certain capital projects an amount equal to 1% of the construction costs for those projects, but this contribution amount for the City’s utilities is limited to a total annual contribution amount of 0.5% of each utility’s “budgeted operating revenue” (the “APP Ordinance”); and WHEREAS, contributions to art in public places for each utility are kept and spent in such utility’s own enterprise fund, with the exception of maintenance, administration, repair and display costs pursuant to City Code Section 23-303; and 2.3 Packet Pg. 46 Attachment: Ordinance No. 058, 2022 (11643 : SR 058 L&P Distribution & Substation Transformers) -2- WHEREAS, this supplemental appropriation does not require a contribution for art in public places under the APP Ordinance, as distribution and substation transformers are traditionally capitalized at the time of purchase as “operation and maintenance” expenses for Utility facilities, rather than when they are placed into service, even if they become components of capital projects; therefore, purchase of such equipment is exempt from the contribution requirements of the APP Ordinance; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the recommendation of the City Manager, to make supplemental appropriations 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 Interim City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Light & Power Fund and will not cause the total amount appropriated in the Light & Power Fund to exceed the current estimate of actual and anticipated revenues and all other funds to be received in this Fund during this fiscal year; and WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to designate in the ordinance when appropriating funds for a capital project, that such appropriation shall not lapse at the end of the fiscal year in which the appropriation is made, but continue until the completion of the capital project; and WHEREAS, the City Council wishes to designate the appropriation herein for the capital project consisting of the purchase of distribution and substation transformers as an appropriation that shall not lapse until the completion of the project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from prior year reserves in the Light & Power Fund the sum of THREE MILLION SIX HUNDRED SIXTY-SIX THOUSAND DOLLARS ($3,666,000) to be expended in the Light & Power Fund for the capital project consisting of the purchase of distribution and substation transformers. Section 3. That the appropriation herein for the capital project consisting of the purchase of distribution and substation transformers is hereby designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation that shall not lapse at the end of this fiscal year but continue until the completion of the project. 2.3 Packet Pg. 47 Attachment: Ordinance No. 058, 2022 (11643 : SR 058 L&P Distribution & Substation Transformers) -3- Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2022, and to be presented for final passage on the 7th day of June, A.D. 2022. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2022. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.3 Packet Pg. 48 Attachment: Ordinance No. 058, 2022 (11643 : SR 058 L&P Distribution & Substation Transformers) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY June 7, 2022 City Council STAFF Nina Bodenhamer, City Give Director SUBJECT Second Reading of Ordinance No. 059, 2022, Appropriating Philanthropic Revenue Received Through City Give for The Gardens on Spring Creek. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 17, 2022, appropriates $55,000 in philanthropic revenue in the Cultural Services Fund for The Gardens on Spring Creek to support operations as designated by the donor and community partner, The Friends of the Gardens on Spring Creek. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (PDF) 2. Ordinance No. 059, 2022 (PDF) 3 Packet Pg. 49 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY May 17, 2022 City Council STAFF Nina Bodenhamer, City Give Director Ted Hewitt, Legal SUBJECT First Reading of Ordinance No. 059, 2022, Appropriating Philanthropic Revenue Received Through City Give for The Gardens on Spring Creek. EXECUTIVE SUMMARY The purpose of this item is to appropriate $55,000 in philanthropic revenue in the Cultural Services Fund for The Gardens on Spring Creek to support operations as designated by the donor and community partner, The Friends of the Gardens on Spring Creek. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City values the generosity and passion of nonprofit partners such as The Friends of the Gardens on Spring Creek that provide valuable assistance in public outreach, fundraising, and support for the City’s mission. In recognition of their commitment, the City commits to manage and properly expend charitable funds raised by The Friends of the Gardens in the same manner as if the funds were raised by the City itself. For over 30 years, The Friends of the Gardens on Spring Creek has fostered community support for the services and programs of The Gardens through stewardship, time, passion, fundraising, membership programs and advocacy. Their mission is to cultivate a world-class botanic garden through fundraising and advocacy and raised the $55,000 in philanthropic support from community givers on behalf of The Gardens on Spring Creek. This award of $55,000 is above and beyond The Friends of the Gardens 2022 pledge of $150,000 in support of operations and the Butterfly Pavilion. The partnership is guided by an annual Memo of Understanding that facilitates the transfer of funds raised via membership to The Gardens on Spring Creeks, and fundraising and event revenue cultivated on behalf of The Gardens. The Friends of The Gardens is an independent 501(c)(3) organization with an active membership of over 3,000 and is governed by a Board of seven passionate volunteers. More information can be found at: www.friendsgosc.org. CITY FINANCIAL IMPACTS This Ordinance will appropriate $55,000 of unanticipated philanthropic revenue for The Gardens on Spring Creek in the Cultural Services Fund for the designated purpose to support operations. The funds have been received and accepted per City Give Administrative and Financial Policy. ATTACHMENT 1 COPY3.1 Packet Pg. 50 Attachment: First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (11644 : SR 059 Philanthropic Revenue:The Gardens on -1- ORDINANCE NO. 059, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PHILANTHROPIC REVENUE RECEIVED THROUGH CITY GIVE FOR THE GARDENS ON SPRING CREEK WHEREAS, The Friends of the Gardens on Spring Creek (“Friends”) is an independent, not-for-profit 501(c)(3) organization established in 1988 whose mission is to support the general operating costs of the Gardens on Spring Creek through advocacy, community engagement, volunteerism, and fundraising; and WHEREAS, Friends has raised $55,000, which it desires to donate to the City through City Give to support operations of the Gardens on Spring Creek; and WHEREAS, the City desires to accept this philanthropic donation and pledges to manage and expend such funds for the benefit of the Gardens on Spring Creek as though the funds were raised by the City itself; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of funding the Gardens on Spring Creek; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, to make a supplemental appropriation by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriation, in combination with all previous appropriations for that fiscal year, do not exceed the current estimate of actual and anticipated revenues and all other funds to be received during the fiscal year; and WHEREAS, the Interim City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Cultural Services Fund and will not cause the total amount appropriated in the Cultural Services Fund to exceed the current estimate of actual and anticipated revenues and all other funds to be received in this Fund during this 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 new philanthropic revenue in the Cultural Services Fund the sum of FIFTY-FIVE THOUSAND DOLLARS ($55,000) to be expended in the Cultural Services Fund for the Gardens on Spring Creek. Introduced, considered favorably on first reading, and ordered published this 17th day of, May A.D. 2022, and to be presented for final passage on the 7th day of June, A.D. 2022. 3.2 Packet Pg. 51 Attachment: Ordinance No. 059, 2022 (11644 : SR 059 Philanthropic Revenue:The Gardens on Spring Creek) -2- ______________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2022. ______________________________ Mayor ATTEST: _______________________________ City Clerk 3.2 Packet Pg. 52 Attachment: Ordinance No. 059, 2022 (11644 : SR 059 Philanthropic Revenue:The Gardens on Spring Creek) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY June 7, 2022 City Council STAFF Derek Bergsten, PFA Fire Chief Jerry Howell, Fire Marshall Sarah Carter, Asst. Fire Marshall Aaron Guin, Legal SUBJECT Items Relating to the 2021 International Fire Code. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 060, 2022, Amending Chapter 9 of the Code of the City of Fort Collins for the Purpose of Repealing the 2018 International Fire Code and Adopting the 2021 International Fire Code, with Amendments. B. Second Reading of Ordinance No. 064, 2022, Making Changes to Fort Collins City Code Section 2- 173 Related to the Adoption of the 2021 International Fire Code, with Amendments. These Ordinances, unanimously adopted on First Reading on May 17, 2022, repeals the 2018 International Fire Code and adopt the 2021 International Fire Code (“IFC”), with local amendments. The International Code Council (“ICC”) publishes updated codes every three years. The Poudre Fire Authority Board of Directors has reviewed and approved this code package and is requesting the code be adopted as amended. The 2021 IFC proposed for adoption provides that appeals of decisions by the fire code official (Fire Chief, or by delegation, Fire Marshall) shall be heard by the Fort Collins Building R eview Commission acting as the Fire Board of Appeals, as did the 2018 Fire Code. Ordinance No. 064, 2022 makes a related change to City Code Section 2-173 to reflect the Commission’s responsibility to serve as the Fire Board of Appeals as set forth in the 2021 IFC. STAFF RECOMMENDATION Staff recommends adoption of both Ordinances on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (PDF) 2. Ordinance No. 060, 2022 (PDF) 3. Ordinance No. 064, 2022 (PDF) 4 Packet Pg. 53 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY May 17, 2022 City Council STAFF Derek Bergsten, PFA Fire Chief Jerry Howell, Fire Marshall Sarah Carter, Asst. Fire Marshall Aaron Guin, Legal SUBJECT Items Relating to the 2021 International Fire Code. EXECUTIVE SUMMARY A.First Reading of Ordinance No. 060, 2022, Amending Chapter 9 of the Code of the City of Fort Collins for the Purpose of Repealing the 2018 International Fire Code and Adopting the 2021 International Fire Code, with Amendments. (This ordinance was edited to correct formatting issues with no change to content.) B.First Reading of Ordinance No. 064, 2022, Making Changes to Fort Collins City Code Section 2-173 Related to the Adoption of the 2021 International Fire Code, with Amendments. The purpose of this item is to repeal the 2018 International Fire Code and adopt the 2021 International Fire Code (“IFC”), with local amendments. The International Code Council (“ICC”) publishes updated codes every three years. The Poudre Fire Authority Board of Directors has reviewed and approved this code package and is requesting the code be adopted as amended. The 2021 IFC proposed for adoption provides that appeals of decisions by the fire code official (Fire Chief, or by delegation, Fire Marshall) shall be heard by the Fort Collins Building Review Commission acting as the Fire Board of Appeals, as did the 2018 Fire Code. Ordinance No. 064, 2022 makes a related change to City Code Section 2-173 to reflect the Commission’s responsibility to serve as the Fire Board of Appeals as set forth in the 2021 IFC. STAFF RECOMMENDATION Staff recommends adoption of both Ordinances on First Reading. BACKGROUND / DISCUSSION Poudre Fire Authority (“PFA”) is responsible for the enforcement and administration of the IFC in the City of Fort Collins, Town of Timnath and unincorporated areas of Larimer and Weld Counties within the Poudre Valley Fire Protection District boundaries. Every three years, the IFC is updated by the ICC with the most recent update having been published in 2021. PFA routinely reviews new codes, proposes local amendments, and then seeks adoption of IFC changes and local amendments by Council. The proposed local amendments, developed in conjunction with the Fire Code Review Committee, include several changes to the local amendments currently in the City Code. There were a few significant changes to the IFC, including provisions related to the manufacture and storage of distilled spirits, installation and operation ATTACHMENT 1 COPY4.1 Packet Pg. 54 Attachment: First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (11645 : SR 060 064 Fire Code Adoption) Agenda Item 8 Item # 8 Page 2 of electric energy storage systems, and retroactive installation of fire suppression systems in high-rise buildings (with some exceptions). New local amendments were limited and include a change to attic sprinkler coverage in multifamily dwellings, reducing a previous restriction on aerial access from arterial roads, and modification of appeal provisions so that a decision of the Fire Board of Appeals (consisting of the City’s Building Review Commission) could be further appealed to the PFA Board of Directors, rather than Council, since decisions subject to such appeals are made by the fire code official (Fire Chief, or by delegation, Fire Marshall) employed by PFA. At the July 27, 2021, PFA Board meeting, the Board adopted Resolution 21-14, appointing the Fire Code Review Committee (FCRC). (Attachment 1) This volunteer committee is comprised of community and industry stakeholders who reviewed the 2021 IFC and proposed local amendments to make a recommendation for adoption. The FCRC completed their work on Wednesday, December 1, 2021, with a unanimous recommendation to adopt the 2021 IFC along with the accompanying local amendments. (Attachment 2) At the February 22, 2022, meeting, the PFA Board unanimously approved the IFC adoption and local amendments. (Attachment 3) The purpose of the FCRC is to ensure an inclusive process for code adoption, bringing industry experts and community stakeholders together to collaboratively guide the language of the adopted code to best serve the community. The hard work and commitment shown by the FCRC is vital to the success of code adoption and administration. This collaborative review setting provides a forum for stakeholders to offer valuable insights about community priorities and concerns, as well as the application of the fire code. During review meetings, the FCRC takes a close look at changes to the published code, as well as the adopted amendments. Discussions include industry trends, community feedback, alignment with partner jurisdictions, and lessons learned under the existing adopted code and amendments. Since the Fort Collins Building Department adopts many other International Codes, including the International Building Code, with local amendments, staff has included in the IFC amendments that are relevant to both codes. Similar processes occur with PFA’s other fire and life safety partners including the Town of Timnath and Larimer and Weld Counties. The FCRC reviewed all the proposed changes to the IFC, including proposed changes that ultimately were adopted as part of the 2021 International Building Code (IBC) by the City of Fort Collins, with local amendments. Since Chapters 9 (Fire Protection Systems) and 10 (Means of Egress) are the same in the IBC and IFC, it is essential that local amendments between the IBC and IFC correlate and, as the building department is primarily tasked with enforcement of Chapters 9 and 10, it makes sense for the IFC to be amended in the same way the local building official proposed local amendments to the IBC. The primary goal of the FRFC was to limit the number of local amendments to the code while still providing comprehensive life safety codes that are clear, relevant, and aligned with current practices. The group was able to accomplish this and focus the amendments that were brought forward on local community needs. Items of note for the 2021 IFC (as published) include: - Adding a new provision requiring fire sprinkler installation in unprotected high-rise buildings with some exceptions (IFC Section 1103.5.4). A study of PFA’s district determined that this provision would not require retrofit for sprinklers in any of the existing high-rise buildings, therefore this provision was not amended. - Adding new requirements for fire sprinklers in all occupancies related to the manufacture and bulk storage of distilled spirits (IFC Section 903.2.4.2 and 903.2.9.3). - Adding provisions specific to electric energy storage systems to address the rising popularity of adding storage capabilities to photovoltaic systems (IFC Section 1207). - Adding a new Chapter 40, outlining minimum safety requirements for the storage of distilled spirits, beers and wines not otherwise regulated by Chapters 50 and 57. Items of note for the 2021 IFC proposed local amendments include: COPY4.1 Packet Pg. 55 Attachment: First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (11645 : SR 060 064 Fire Code Adoption) Agenda Item 8 Item # 8 Page 3 • To reduce confusion for designers and ensure appropriate sprinkler coverage without sacrificing the goal of preventing fire spread through unprotected attics, provisions requiring sprinkler coverage in attics in multifamily buildings were added to section 903.3.1.2.3 (National Fire Protection Association “NFPA” 13R systems) in place of requiring sprinkler design in accordance with NFPA 13. • With the significant increase in popularity of outdoor dining spaces, language regarding fire pits was modified to specifically include “fire tables” to ensure the safety of diners. • A previous restriction from using arterial roads to provide required aerial apparatus access was relaxed to better align with Land Use Code requirements with no reduction in firefighter safety or operational efficiency. • A table outlining the status of adoption for each IFC appendix was added for quick and easy user reference. • The Larimer County Urban Area Street Standards (LCUASS) was added as a referenced standard to align with street design standards used by partner jurisdictions. The Poudre Valley Fire Protection District (PVFPD) adopted the 2021 IFC at its February 23, 2022, meeting, covering the unincorporated areas of Larimer and Weld Counties. The PVFPD adoption has been ratified by Larimer County Commissioners and is currently awaiting ratification by Weld County Commissioners. The Town of Timnath also is in the process of evaluating the recommended fire code and proposed amendments. The amendments for these other adoptions are very similar to this amendment package, with the primary differences being in the correlation of the amendments that were made to the IBC by the other jurisdictions. Additionally, the restrictions on the sale and possession of fireworks are not part of the PVFPD (Larimer and Weld County) adoption due to restrictions in Colorado Revised Statutes that limit a fire district’s ability to regulate fireworks. CITY FINANCIAL IMPACTS The impact of the changes to the published Code and proposed local amendments includes both increased and decreased short-term costs of development and construction which are estimated to offset, favoring a decrease. Neutral to decreased long-term costs coupled with improved opportunity for development are predicted due to efficiencies created by IFC and Land Use Code alignment. BOARD / COMMISSION RECOMMENDATION The Poudre Fire Authority Board of Directors reviewed these amendments at its February 22, 2022, meeting and unanimously passed Resolution 22-9 recommending adoption of the 2021 IFC, as amended, to the City of Fort Collins, Town of Timnath and the Poudre Valley Fire Protection District (PVFPD). Adoption of the 2021 IFC as amended was unanimously recommended by the Fire Code Review Committee (Attachment 2) and the Poudre Fire Authority Board of Directors (Attachments 3 and 4). PUBLIC OUTREACH The Fire Code Review Committee was appointed by the PFA Board of Directors and provides a cross section of code users and those impacted by the codes. This group met six times and unanimously supported the final adoption with local amendments. The PFA Board of Directors reviewed, and by resolution, recommended that the 2021 IFC, as amended, be adopted by the City, the Town of Timnath and the Poudre Valley Fire Protection District. ATTACHMENTS 1. Poudre Fire Authority Resolution 21-14 (PDF) 2. Fire Code Committee Minutes, December 1, 2021 (PDF) 3. Poudre Fire Authority Board Minutes, February 22, 2022 (PDF) 4. Poudre Fire Authority Resolution 22-9 (PDF) COPY4.1 Packet Pg. 56 Attachment: First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (11645 : SR 060 064 Fire Code Adoption) -1- ORDINANCE NO. 060, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 9 OF THE CODE OF THE CITY OF FORT COLLINS FOR THE PURPOSE OF REPEALING THE 2018 INTERNATIONAL FIRE CODE AND ADOPTING THE 2021 INTERNATIONAL FIRE CODE, WITH AMENDMENTS WHEREAS, as early as 1958, the City has reviewed, amended and adopted the latest nationally recognized fire protection standards available for the times; and WHEREAS, the City previously adopted the 2018 International Fire Code, with local amendments, to minimize human suffering and property loss from fire; and WHEREAS, the 2021 edition of the International Fire Code represents the most current version now available; and WHEREAS, a Fire Code Review Committee, formed by the Poudre Fire Authority (“PFA”) in 2021 for the purpose of reviewing the 2021 International Fire Code, has recommended unanimously that the jurisdictions being served by PFA adopt the 2021 International Fire Code with certain local amendments tailored to the circumstances in Fort Collins; and WHEREAS, the Fire Prevention Bureau staff of the PFA, working in conjunction with the Fire Code Review Committee, also has reviewed the 2021 International Fire Code and the local amendments proposed by the Committee and has recommended that the jurisdictions being served by the PFA adopt the 2021 International Fire Code with the local amendments; and WHEREAS, at its meeting on February 22, 2022, the PFA Board of Directors approved Resolution 22-9 recommending that the 2021 International Fire Code with local amendments be adopted by those jurisdictions being served by PFA; and WHEREAS, the City Council has determined that it is in the best interests of the health, safety, and welfare of the City and its citizens that the 2021 International Fire Code, in substantially the form recommended by the Fire Code Review Committee and the PFA staff, be adopted, with local amendments as set forth in this Ordinance; and WHEREAS, pursuant to the City Charter Article II, Section 7, City Council may enact any ordinance which adopts a code by reference in whole or in part provided that before adoption of such ordinance the Council hold a public hearing thereon and that notice of the hearing shall be published twice in a newspaper of general circulation published in the City, with one of such publications occurring at least eight (8) days preceding the hearing and the other publication occurring at least fifteen (15) days preceding the hearing; and WHEREAS, in compliance with City Charter, Article II, Section 7, the City Clerk published in the Fort Collins Coloradoan such notice of hearing concerning adoption of the 2021 International Fire Code on May 1, 2022, and May 8, 2022; and 4.2 Packet Pg. 57 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -2- WHEREAS, attached as Exhibit “A” and incorporated herein by reference is the Notice of Public Hearing dated May 1, 2022, that was so published and which the Council hereby finds meets the requirements of Article II, Section 7 of the City Charter. 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. The City Council hereby repeals the 2018 International Fire Code (“IFC”) and hereby adopts the 2021 IFC as amended by this Ordinance. Section 3. That Section 9-1 of the Code of the City of Fort Collins is hereby amended to read as follows: Section 9-1. Adoption of the International Fire Code, 2021 Edition. Pursuant to the authority conferred by Article II, Section 7 of the Charter and by Section 31-16-201 et seq., C.R.S., there is hereby adopted by reference as the fire code of the City, for the purposes of safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises, the International Fire Code, 2021 Edition, as promulgated by the International Code Council (hereafter, “this code” or “this fire code”). Except as to any portion of this fire code that is herein after added to, deleted, modified or amended in this Chapter, this fire code shall include all articles and appendices in the International Fire Code, 2021 Edition. Not less than three (3) copies of this fire code shall be on file in the office of the Fire Marshal and may be inspected at regular business hours and purchased from the Fire Prevention Bureau at a price not to exceed one hundred dollars ($100.00) per copy. The provisions of this fire code shall be controlling within the limits of the City of Fort Collins. Section 4. That Section 9-2 of the Code of the City of Fort Collins is hereby repealed and reenacted to read as follows: Section 9-2 Amendments and deletions to the 2021 International Fire Code. The 2021 International Fire Code adopted in §9-1 is hereby amended to read as follows: 1. Section 101.1 Title is hereby amended to read as follows: 101.1 Title. These regulations shall be known as the Fire Code of the City of Fort Collins, hereinafter referred to as “this code.” 4.2 Packet Pg. 58 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -3- 2. Section 103.1 Creation of Agency is hereby deleted in its entirety and replaced with the following: 103.1 Creation of Agency. Pursuant to Section 1.2 of the July 15, 2014, Intergovernmental Agreement establishing the Poudre Fire Authority (“PFA” or “fire department”), the City has granted the Poudre Fire Authority the power and authority to enforce this code and PFA’s Fire Chief, directly or through delegation to the PFA Marshal, shall be known as the fire code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code. 3. Section 104.7 Liability is hereby amended to read as follows: 104.7 Liability. The fire code official, member of the board of appeals, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties, unless such act or omission is determined by a Court of competent jurisdiction to be willful and wanton, as provided in the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S. 4. Section 104.7.1 Legal defense is hereby amended to read as follows: 104.7.1 Legal defense. Any suit or criminal complaint instituted against any PFA officer or employee because of an act or omission performed by that officer or employee in the lawful discharge of duties and under the provisions of this code, unless such act or omission is determined by a Court of competent jurisdiction to be willful and wanton, as provided in the Colorado Governmental Immunity Act, Section 24-10- 101, et seq., C.R.S., shall be defended by PFA’s legal representative until the final termination of the proceedings. The fire code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the fire prevention bureau, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or because of any act or omission in the performance of official duties in connection therewith. 5. Section 111.1 Board of Appeals established is hereby amended to read as follows: 111.1 Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals to be known as the Fire Board of Appeals. The members of the City of Fort Collins Building Review Commission, as appointed from time to time, shall constitute the Fire Board of Appeals. The fire code official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board shall adopt rules of 4.2 Packet Pg. 59 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -4- procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official. Application for an appeal and all process and procedures for an appeal shall be as stipulated in Section 113 of the International Building Code, as amended and adopted by the City of Fort Collins. 6. Section 111.3 Qualifications is hereby deleted in its entirety. 7. Section 112.4 Violation penalties is hereby amended to read as follows: 112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, commits a civil infraction or misdemeanor, and upon conviction shall be subject to the provisions of Section l-15 of the City Code. Each day that a violation continues is deemed a separate offense. 8. A new Section 112.5 Work commencing before permit issuance is hereby added to read as follows: 112.5 Work commencing before permit issuance. In addition to penalties set forth in Section 112.4, any person or firm who, before obtaining the necessary permit(s), commences any construction of, or work on, a building, structure, fire protection system, fire alarm system, fire extinguishing system that is not otherwise exempted from obtaining a permit, may be subject to a stop work order and a work without permit fee in addition to the required permit fee as established by the fire code official. 9. A new SECTION 115 REPORTING OF EMERGENCIES AND FALSE ALARMS is hereby added to read as follows: SECTION 115 REPORTING OF EMERGENCIES AND FALSE ALARMS 115.1 General. Reporting of emergencies, fires and hazardous materials releases shall be in accordance with Section 115. 115.2 Reporting Emergencies. In the event a fire occurs or upon the discovery of a fire, smoke, or unauthorized release of flammable, combustible, or hazardous materials on any property, the owner, the owner’s authorized representative, or the occupant shall, without delay, report such condition to the fire department. 115.3 False Alarms. False alarms shall not be given, signaled, or transmitted or caused or permitted to be given, signaled, or transmitted in any manner. 10. SECTION 202 DEFINITIONS is hereby amended to modify, or add, in alphabetical 4.2 Packet Pg. 60 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -5- order, the following definitions: BARREL. A charred wooden process vessel made of bent staves held together with steel hoops, with the greatest diameter being at the center of the staves, known as the “bilge.” The ends, known as “heads,” are flat, and the rim formed by staves overlapping the heads is known as the “chime.” CASK. See “Barrel.” DWELLING. A building used exclusively for residential occupancy and for permitted accessory uses, including single-family dwellings, two-family dwellings and multi- family dwellings. The term dwelling shall not include hotels, motels, homeless shelters, seasonal overflow shelters, tents or other structures designed or used primarily for temporary occupancy. Any dwelling shall be deemed to be a principal building. DWELLING UNIT. One or more rooms and a single kitchen and at least one bathroom, designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, two-family or multi-family dwelling, or mixed-use building. PUZZLE ROOM. A puzzle room is a type of special amusement area as defined in the Building Code of the City of Fort Collins, in which occupants are encouraged to solve a challenge to escape from a room or series of rooms. ROOM, SLEEPING (BEDROOM). A habitable room within a dwelling or other housing unit designed primarily for the purpose of sleeping. The presence of a bed, cot, mattress, convertible sofa or other similar furnishing used for sleeping purposes shall be prima facie evidence that such space or room is a sleeping room. The presence of closets or similar storage facilities shall not be considered relevant factors in determining whether or not a room is a sleeping room. TOWNHOUSE. A single-family dwelling unit constructed as part of a group of two or more attached individual dwelling units, each of which is separated from the other from the foundation to the roof and is located entirely on a separately recorded and platted parcel of land (site) bounded by property lines, which parcel is deeded exclusively for such single-family dwelling. 11. A new Section 307.2.2 Time and Atmospheric Restrictions is hereby added to read as follows: 307.2.2 Time and Atmospheric Restrictions. Open burning shall be performed only when time and atmospheric conditions comply with the limits set forth in the Open Burning Permit. 12. Section 307.4.1 Bonfires is hereby deleted in its entirety and replaced with the following: 4.2 Packet Pg. 61 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -6- 307.4.1 Bonfires. Bonfires are prohibited unless specifically approved and permitted by the fire code official. 13. Section 307.4.2 Recreational Fires is hereby deleted in its entirety and replaced with the following: 307.4.2 Recreational fires. Recreational fires are prohibited. Exception: Recreational fires may be conducted at campgrounds, open camping areas, parks, open lands or similar areas in accordance with the rules and restrictions set forth by the authority having jurisdiction at such locations, provided that such fires do not have a fuel area that exceeds 2 feet in height and are not conducted within 25 feet of a structure or combustible material. 14. Section 307.4.3 Portable outdoor fireplaces is hereby deleted in its entirety and replaced with the following: 307.4.3 Portable and Fixed Outdoor Fireplaces. Portable and fixed outdoor fireplaces, including fire tables, shall be used in accordance with the manufacturer’s instructions. Outdoor fireplaces for public use must be listed for commercial use. Outdoor fireplaces shall not be placed closer to combustible materials than what is stated in the manufacturer’s instructions. If the manufacturer’s instructions are not available or do not establish a distance, outdoor fireplaces shall not be operated within 15 feet (4572 mm) of a combustible structure or combustible material. Outdoor fireplaces shall not be operated underneath a combustible structure of any type. Outdoor fireplaces shall be gas or liquid-fueled unless otherwise approved by the fire code official. Exception: Outdoor fireplaces at one and two-family dwellings may use approved solid fuels. 15. Section 308.1.6.3 Sky lanterns is hereby amended to read as follows: 308.1.6.3 Sky lanterns. The use of sky lanterns, tethered or untethered, is prohibited. 16. Section 503.1 Where required is hereby amended to read as follows: 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3 and Appendix D Fire Apparatus Access Roads. 17. Section 503.2 Specifications is hereby amended to read as follows: 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.8 and Appendix D Fire Apparatus 4.2 Packet Pg. 62 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -7- Access Roads. 18. Section 503.2.1 Dimensions is hereby amended to read as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 14 feet (4267 mm). 19. Section 503.2.4 Turning Radius is hereby amended to read as follows: 503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be 25 feet (7.6 m) inside radius and 50 feet (15.2 m) outside radius. 20. Section 503.2.7 Grade is hereby amended to read as follows: 503.2.7 Grade. The grade of the fire apparatus access road shall not exceed 10 percent in grade. Exception: Where approved by the fire code official, grades steeper than 10 percent due to geographic or location conditions may be permitted. 21. Section 503.2.8 Angles of approach and departure is hereby amended to read as follows: 503.2.8 Angles of approach and departure. The angles of approach and departure when entering or exiting fire apparatus access roads shall not exceed a 10 percent angle of approach or departure. 22. Section 503.6 Security gates is hereby amended to read as follows: 503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation and shall comply with the requirements of Appendix D 103.6. 23. Section 505.1 Address identification is hereby amended to read as follows: Section 505.1 Address identification. New and existing buildings or facilities shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Address identification shall be maintained. 24. A new Section 505.1.1 Address assignment and standards is hereby added to read 4.2 Packet Pg. 63 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -8- as follows: 505.1.1 Address assignment and standards. Addresses shall be assigned by the governmental entity having jurisdiction (Fort Collins, Timnath, or Larimer County) and shall comply with the Larimer County Street Naming and Addressing Standards as contained in the Larimer County Urban Area Street Standards. 25. A new Section 505.1.2 Location and size is hereby added to read as follows: 505.1.2 Location and size. The address numbers and letters for any commercial or industrial buildings shall be placed at a height to be clearly visible from the street. The minimum height and stroke shall be in accordance with Table 505.1.2. A new TABLE 505.1.2 Location and size is hereby added to read as follows: TABLE 505.1.2 LOCATION AND SIZE 1 8 in.– 12 in. numbers shall be a minimum 1 in. stroke 2 13 in.– 20 in. numbers shall be a minimum 1 ½ in. stroke 3 21 in. and larger shall have proportional strokes to ensure visibility 26. A new Section 505.1.3 Posting on one- and two-family dwellings is hereby added to read as follows: 505.1.3 Posting on one- and two-family dwellings. The address numbers and letters for one- and two-family dwellings shall be a minimum of four inches in height with a minimum ½ inch stroke and shall be posted on a contrasting background. If bronze or brass numerals are used, they shall only be posted on a black background for visibility. 27. A new Section 505.1.4 Monument signs is hereby added to read as follows: 505.1.4 Monument signs. Monument signs may be used in lieu of address numbers and letters on the building as approved by the fire code official. 28. A new Section 505.1.5 Unit identifiers is hereby added to read as follows: Distance from street curb to building Letter/number height 1 – 100 feet 8 inches1 101 – 150 feet 10 inches1 151 – 200 feet 12 inches1 201 – 350 feet 14 inches2 351 – 500 feet 16 inches2 501 – 700 feet 20 inches2 In excess of 700 feet As approved by the Fire Code Official3 4.2 Packet Pg. 64 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -9- 505.1.5 Unit identifiers. Buildings with multiple suites, apartments or units shall have the individual suites, apartments or units provided with individual identification numbers in sequential order. 1. Suite identifiers accessed from the exterior of the building shall be a minimum of four inches in height with a minimum ½ inch stroke. 2. Suite identifiers accessed from the interior of the building shall be a minimum of two inches in height with a minimum ¼ inch stroke. 3. Suites, apartments, or units located on the first floor shall be identified by numbers within the 100 or 1000 range or series; Suites, apartments or units located on the second floor shall be identified by numbers within the 200 or 2000 range or series; Suites, apartments or units located on the third floor shall be identified by numbers within the 300 or 3000 range or series. Higher floors shall follow this same numbering sequence. 29. A new Section 505.1.6 Multiple address postings is hereby added to read as follows: 505.1.6 Multiple address postings. Buildings, either individually or part of a multi- building complex, that have emergency access lanes on sides other than on the addressed street side, shall have the address numbers and street name on each side that fronts a fire lane. Buildings that are addressed on one street but are accessible from another street, shall have the address numbers and street name on each side that is adjacent to another street. 30. A new Section 505.1.7 Interior wayfinding is hereby added to read as follows: 505.1.7 Interior wayfinding. Approved wayfinding signage shall be posted in conspicuous locations within buildings to provide clear direction to locate any suite, apartment, or unit within the building. Interior wayfinding signage shall be a minimum of two inches in height with a minimum ¼ inch stroke. 31. A new Section 505.1.8 Exterior wayfinding is hereby added to read as follows: 505.1.8 Exterior wayfinding. Multiple-building complexes must have approved signage as needed to direct first responders to individual buildings. 32. A new Section 505.1.9 Campus addressing is hereby added to read as follows: 505.1.9 Campus addressing. Multiple-building complexes that have a single street address for the entire complex shall utilize alpha or numeric characters to identify the individual buildings. Such identification shall be assigned to the buildings in a sequential order following a clockwise direction starting at the main entrance to the complex. 33. Section 507.2 Type of water supply is hereby amended to read as follows: 4.2 Packet Pg. 65 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -10- 507.2 Type of water supply. A water supply shall consist of pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required sustainable fire flow. 34. Section 507.5 Fire hydrant systems is hereby amended to read as follows: 507.5 Fire hydrant systems. Fire hydrant systems shall comply with Sections 507.5.1 through 507.5.6 and Appendix C Fire Hydrant Locations and Distribution. 35. Section 507.5.1 Where required is hereby amended to read as follows: 507.5.1 Where required. Where a facility or building or portion thereof is hereafter constructed or moved into or within the jurisdiction is more than 300 feet (91 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. Exceptions: For Group R-3 one and two-family dwellings and Group U occupancies, the distance requirement shall be 400 feet (121 m). 36. A new Section 606.5 Solid fuel-fired cooking appliances is hereby added to read as follows: 606.5 Solid fuel-fired cooking appliances. Solid fuel-fired commercial cooking appliances shall comply with applicable provisions of National Fire Protection Association (NFPA) 96. 37. Section 901.4.7.1 Access is hereby amended to read as follows: 901.4.7.1 Access. Automatic sprinkler system risers, fire pumps and controllers shall be provided with ready access. Where located in a fire pump room or automatic sprinkler system riser room, the door shall be permitted to be locked provided that the key is available at all times. The clear door opening shall be 32 inches wide and 80 inches high, or a size large enough to accommodate the largest piece of equipment, whichever is larger. 38. Section 903.2.1.1 Group A-1 is hereby amended to read as follows: 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided throughout stories containing Group A-1 occupancies and throughout all stories from the Group A-1 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet (464.5 m2). 4.2 Packet Pg. 66 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -11- 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. 4. The fire area contains a multiple-theater complex. 39. Section 903.2.1.3 Group A-3 is hereby amended to read as follows: 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided throughout stories containing Group A-3 occupancies and throughout all stories from the Group A-3 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet (464.5 m2). 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. 40. Section 903.2.1.4 Group A-4 is hereby amended to read as follows: 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided throughout stories containing Group A-4 occupancies and throughout all stories from the Group A-4 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet (464.5 m2). 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. 41. A new Section 903.2.1.8 Group B is hereby added to read as follows: 903.2.1.8 Group B. An automatic sprinkler system shall be provided for fire areas containing Group B occupancies where the fire area exceeds 5,000 square feet (464.5 m2). 42. Section 903.2.3 Group E is hereby amended to read as follows: 903.2.3 Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows: 1. Throughout all Group E fire areas greater than 5,000 square feet (464.5 m2). 4.2 Packet Pg. 67 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -12- 2. The Group E fire area is located on a floor other than a level of exit discharge serving such occupancies. Exception: In buildings where every classroom has not fewer than one exterior exit door at ground level, an automatic sprinkler system is not required in any area below the lowest level of exit discharge serving that area. 3. The Group E fire area has an occupant load of 300 or more. 43. Section 903.2.4 Group F-1 is hereby amended to read as follows: 903.2.4 Groups F-1 and F-2. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 or F-2 occupancy where one of the following conditions exists: 1. A Group F-1 or F-2 fire area exceeds 5,000 square feet (464.5 m2). 2. A Group F-1 or F-2 fire area is located more than three stories above grade plane. 3. The combined area of all Group F-1 or F-2 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m2). 44. Section 903.2.6 Group I is hereby amended to read as follows: 903.2.6 Group I. An automatic sprinkler system shall be provided throughout buildings with a Group I fire area. Exceptions: 1. An automatic sprinkler system is not required where Group I-4 day care facilities are at the level of exit discharge and where every room where care is provided has not fewer than one exterior exit door and the fire area does not exceed 5,000 square feet (464.5 m2). 2. In buildings where Group I-4 day care is provided on levels other than the level of exit discharge, an automatic sprinkler system in accordance with Section 903.3.1.1 shall be installed on the entire floor where care is provided, all floors between the level of care and the level of exit discharge and all floors below the level of exit discharge other than areas classified as an open parking garage. 45. Section 903.2.7 Group M is hereby amended to read as follows: 903.2.7 Group M. An automatic sprinkler system shall be provided throughout 4.2 Packet Pg. 68 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -13- buildings containing a Group M occupancy where one of the following conditions exists: 1. A Group M fire area exceeds 5,000 square feet (464.5 m2). 2. A Group M fire area is located more than three stories above grade plane. 3. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m2). 46. Section 903.2.9 Group S-1 is hereby amended to read as follows: 903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists: 1. A Group S-1 fire area exceeds 5,000 square feet (464.5 m2). 2. A Group S-1 fire area is located more than three stories above grade plane. 3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 5,000 square feet (464.5 m2). 4. A Group S-1 fire area used for the storage of commercial motor vehicles where the fire area exceeds 5,000 square feet (464.5 m2). 47. Section 903.2.9.1 Repair garages is hereby amended to read as follows: 903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406.8 of the International Building Code, as shown: 1. Buildings having two or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding 5,000 square feet (464.5 m2). 2. Buildings not more than one story above grade plane, with a fire area containing a repair garage exceeding 5,000 square feet (464.5 m2). 3. Buildings with repair garages servicing vehicles parked in basements. 4. A Group S-1 fire area used for the repair of commercial motor vehicles where the fire area exceeds 5,000 square feet (464 m2). 48. Section 903.2.10 Group S-2 enclosed parking garages is hereby amended to read as follows: 4.2 Packet Pg. 69 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -14- 903.2.10 Group S-2. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-2 occupancy where any of the following conditions exists: 1. A Group S-2 fire area exceeds 5,000 square feet (464.5 m²). 2. Where the enclosed parking garage, in accordance with Section 406.6 of the International Building Code, is located beneath other groups. Exception: Enclosed parking garages located beneath Group R-3 occupancies. 3. Where the fire area of the open parking garage, in accordance with Section 406.5 of the International Building Code, exceeds 48,000 square feet (4460 m2). 4. A Group S-2 fire area is located more than three stories above grade plane. 49. Section 903.2.11.1.3 Basements is hereby amended to read as follows: 903.2.11.1.3 Basements. Where any portion of a basement is located more than 75 feet (22 860 mm) from openings required by Section 903.2.11.1, the basement shall be equipped throughout with an approved automatic sprinkler system. 50. Section 903.3.1.2.3 Attics is hereby amended only to add numbered item 5 and its Exceptions to read as follows: . . . 5. In buildings containing dwelling or sleeping units. Exceptions (to item 5 only): 1. Buildings that do not contain more than 6 individual dwelling units or sleeping units and the units are separated from each other with a 1-hour fire barrier. 2. Buildings that do not contain more than 12 individual dwelling units or sleeping units and is divided into no more than 6 individual dwellings units (complying with number 1 above) by a minimum 2-hour fire wall. 3. Buildings containing only Group R-3 occupancy. 51. A new Section 903.3.1.4 Core and shell buildings is hereby added to read as follows: Section 903.3.1.4 Core and shell buildings. Automatic fire sprinkler systems in buildings constructed to house future tenant spaces that are not assigned an occupancy shall have minimum hazard classification of Ordinary Hazard 2 in accordance with NFPA 13. 4.2 Packet Pg. 70 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -15- 52. Section 907.2.11 Single-and multiple-station smoke alarms is amended to read as follows: 907.2.11 Single- and multiple-stations smoke alarms. Listed single- and multiple- station smoke alarms complying with UL 217 shall be installed in accordance with Sections 907.2.11.1 through 907.2.11.7 and NFPA 72. Where one or more sleeping rooms are added or created in existing Group R Occupancies, the entire building shall be provided with smoke detectors located and installed as required for new Group R Occupancies described herein. 53. A new Section 907.8.5 Excessive false alarms is hereby added, to read as follows: 907.8.5 Excessive false alarms. An excessive number of false alarms shall be defined as two (2) alarm activations for a fire alarm system within a sixty (60) day period, provided that any such activations are not the result of a cause reasonably beyond the control of the owner, tenant, or operator of the building. In the event of an excessive number of false alarms, the fire code official may order the building owner, tenant, operator of the building or party responsible for the building to take reasonable actions necessary to prevent false alarms. These actions may include repair or replacement of the faulty alarm components, addition of tamper proof devices, modification of system design and repair of other building components which affect alarm system performance. The fire code official also may require the building owner, tenant, operator of the building or party responsible for the building to obtain an approved maintenance contract with a qualified fire alarm maintenance technician as required by NFPA 72 to provide continuous maintenance service of the system. 54. A new SECTION 918 EMERGENCY RESPONDER COMMUNICATION COVERAGE is hereby added, to read as follows: SECTION 918 EMERGENCY RESPONDER COMMUNICATION COVERAGE 918.1 General. In-building two-way emergency responder communication coverage shall be provided in all new buildings in accordance with Section 510. 55. Section 1010.1.4 Floor elevation is amended to read as follows: 1010.1.4 Floor elevation. There shall be a floor or landing on each side of a door. Such floor or landing shall be at the same elevation on each side of the door. Landings shall be level except for exterior landings, which are permitted to have a slope not to exceed 0.25 unit vertical in 12 units horizontal (2-percent slope). All exterior steps, slabs, walks, decks and patios serving as exterior door landings or exterior stairs shall be adequately and permanently secured in place by approved methods to prevent such landings or stairs from being undermined or subject to significant displacement due to improper placement of supporting backfill or due to inadequate anchoring methods. 4.2 Packet Pg. 71 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -16- Exceptions: 1. At doors serving individual dwelling units or sleeping units in Groups R-2 and R-3, a door is permitted to open at the top step of an interior flight of stairs, provided that the door does not swing over the top step. 2. At exterior doors serving Groups F, H, R-2 and S and where such doors are not part of an accessible route, the landing at an exterior door shall be not more than 7 inches (178 mm) below the landing on the egress side of the door, provided that the door, other than an exterior storm or screen door, does not swing over the landing. 3. At exterior doors serving Group U and individual dwelling units and sleeping units in Groups R-2 and R-3, and where such units are not required to be Accessible units, Type A units or Type B units, the landing at an exterior doorway shall be not more than 7¾ inches (197 mm) below the landing on the egress side of the door. Such doors, including storm or screen doors, shall be permitted to swing over either landing. 4. Variations in elevation due to differences in finish materials, but not more than ½ inch (12.7 mm). 5. Exterior decks, patios or balconies that are part of Type B dwelling units or sleeping units, that have impervious surfaces and that are not more than 4 inches (102 mm) below the finished floor level of the adjacent interior space of the dwelling unit or sleeping unit. 6. Doors serving equipment spaces not required to be accessible in accordance with Section 1103.2.9 of the International Building Code and serving an occupant load of five or less shall be permitted to have a landing on one side to be not more than 7 inches (178 mm) above or below the landing on the egress side of the door. 7. Exterior doors serving individual dwelling units, other than the main entrance door to a dwelling unit, may open at one intervening exterior step that is equally spaced between the interior floor level above and exterior landing below, provided that the step has a minimum tread depth of 12 inches (30.48 cm), a maximum riser height of 7¾ inches (19.68 cm), and a minimum width equal to the door width and, provided further that the door does not swing over the step. 56. Section 1011.11 Handrails is hereby amended only as to the first paragraph to read as follows: 1011.11 Handrails. Flights of stairways of more than one riser shall have handrails on each side and shall comply with Section 1014. Where glass is used to provide the handrail, the handrail also shall comply with Section 2407 of the International Building Code. . . . 4.2 Packet Pg. 72 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -17- 57. Section 1015.8 Window openings is hereby amended to read as follows: 1015.8 Window openings. Windows in Group R-2 and R-3 buildings including dwelling units, where the clear opening top of the sill of an operable window opening is located less than 24 inches (610 mm) above the finished floor and more than 72 inches (1829 mm) above the finished grade or other surface below on the exterior of the building, shall comply with one of the following: 1. Operable windows where the top of the sill of the opening is located more than 75 feet (22 860 mm) above the finished grade or other surface below and that are provided with window fall prevention devices that comply with ASTM F2006. 2. Operable windows where the openings will not allow a 4-inch-diameter (102 mm) sphere to pass through the opening when the window is in its largest opened position. 3. Operable windows where the openings are provided with window fall prevention devices that comply with ASTM F2090. 4. Operable windows that are provided with window opening control devices that comply with Section 1015.8.1. 58. A new Section 1015.9 Below grade openings is hereby added to read as follows: 1015.9 Below grade openings. All area wells, stair wells, window wells and light wells attached to any building that are located less than 36 inches from the nearest intended walking surface and deeper than 30 inches below the surrounding ground level shall have guards or approved covers for fall protection. 59. Section 1031.2 Where required is hereby amended only as to Exceptions numbered items 1 and 5 to read as follows: . . . Exceptions: 1. Basements with a ceiling height of less than 72 inches (1828.8 mm) and that do not contain habitable space, shall not be required to have emergency escape and rescue openings. . . . 5. Within individual dwelling and sleeping units in Groups R-2 and R-3, where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, sleeping rooms in basements shall not be required to have emergency escape and rescue openings provided that the basement has one of the following: 4.2 Packet Pg. 73 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -18- 5.1. One means of egress and one emergency escape and rescue opening. 5.2. Two means of egress. 60. A new Section 1031.3.4 Minimum height from floor is hereby added to read as follows: 1031.3.4 Minimum height from floor. Emergency escape and rescue window openings that are located more than 72 inches (1829 mm) above the finished grade shall have a sill height of not less than 24 inches (609 mm) measured from the finished interior side floor. 61. A new Section 1031.7 Drainage is hereby added to read as follows: 1031.7 Drainage. All window wells shall be designed for proper drainage by connecting to the building’s foundation drainage system required by Section 1805.4.2 of the International Building Code or by an approved alternative method. The inlet to the drainage system shall be a minimum of 4 inches (101 mm) below the window sill. Where no drains are required, the window well surface shall be a minimum of 4 inches (101 mm) below the window sill. Exceptions: 1. A drainage system for area wells is not required where the foundation is on well-drained soil or sand-gravel mixture soils in accordance with the United Soil Classification System, Group I Soils, in accordance with Section 1803.5.1 of the International Building Code. 2. A drainage system is not required for new window wells on additions to existing dwellings where no foundation drainage system exists. 62. Section 1205.3 Other than Group R-3 buildings is hereby amended to read as follows: 1205.3 Other than Group R-3 buildings. Access to systems for buildings, other than those containing Group R-3 occupancies, shall be provide in accordance with Sections 1205.3.1 through 1205.3.3. Exception: Where it is determined by the fire code official that the roof configuration is similar to that of a Group R-3 occupancy, and the building does not exceed three stories and does not require aerial fire apparatus access in accordance with Appendix D, the residential access and ventilation requirements in Section 1205.2.1.1 through 1205.2.1.3 are a suitable alternative. 63. Section 3312.1 Stairways required is hereby amended to read as follows: [BE] 3312.1 Stairways required. Where building construction exceeds 20 feet (6096 mm) or one-story in height above the lowest level of fire department vehicle access, a 4.2 Packet Pg. 74 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -19- temporary or permanent stairway shall be provided to all floors that have secured decking or flooring. As construction progresses, such stairway shall be extended to within one floor of the highest point of construction having secured decking or flooring. 64. Section 5001.1 Scope is hereby amended only as to Exceptions numbered item 10 to read as follows: . . . 10. The production, processing and storage of beer, distilled spirits and wines in barrels and casks when the facility is in conformance with the Distilled Spirits Council of the United States (“DISCUS”) “Recommended Fire Protection Practices for Distilled Spirits Beverage Facilities” and NFPA 13. . . . 65. Section 5601.1.3 Fireworks is hereby amended to read as follows: 5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited. Exceptions: 1. Storage and handling of fireworks as allowed in Section 5604. 2. The use of fireworks for fireworks displays as allowed in Section 5608. 66. Section 5701.2 Nonapplicability is hereby amended only as to Exceptions numbered item 10 to read as follows: . . . 10. The production, processing and storage of beer, distilled spirits and wines in barrels and casks when the facility is in conformance with the DISCUS “Recommended Fire Protection Practices for Distilled Spirits Beverage Facilities” and NFPA 13. . . . 67. Section 5704.2.9.6.1 Locations where above-ground tanks are prohibited is hereby amended to read as follows: 5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited within the limits established by law as the limits of districts in which such storage is prohibited in accordance with the City of Fort Collins Land Use Code. 68. Section 5706.2.4.4 Locations where above-ground tanks are prohibited is hereby amended to read as follows: 4.2 Packet Pg. 75 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -20- 5706.2.4.4 Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks is prohibited within the limits established by law as the limits of districts in which such storage is prohibited in accordance with the City of Fort Collins Land Use Code. 69. Section 5806.2 Limitations is hereby amended to read as follows: 5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the limits established by law as the limits of districts in which such storage is prohibited in accordance with the City of Fort Collins Land Use Code. 70. Section 6104.2 Maximum capacity within established limits is hereby amended to read as follows: 6104.2 Maximum capacity with established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons (7570 L) in accordance with the City of Fort Collins Land Use Code. 71. Section 6109.13 Protection of containers is hereby amended to read as follows: 6109.13 Protection of containers. LP-gas containers shall be stored within a suitable enclosure or otherwise protected against tampering. Vehicle impact protection shall be provided as required by Section 6107.4. 72. CHAPTER 80 REFERENCED STANDARDS is hereby amended by adding the following additional referenced standards: CHAPTER 80 REFERENCED STANDARDS ________________________________________________________________________ Distilled Spirits Council of the United States 1250 Eye Street, NW Suite 400 Washington, DC 20005 Standard Reference Title Code Reference 4th Edition, February 2020 Recommended Fire Protection Practices For Distilled Spirits Beverage Facilities ………5001.1, 5701.2 ________________________________________________________________________ Larimer County Engineering DISCUS LCUASS 4.2 Packet Pg. 76 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -21- 200 W Oak Street Fort Collins, CO 80524 Standard Reference Title Code Reference Enacted August 1, 2021 Larimer County Urban Area Street Standards ………….……….….………D105.6 ________________________________________________________________________ 4.2 Packet Pg. 77 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -22- 73. A new CHAPTER 68 APPENDIX ADOPTION STATUS is hereby added to read as follows: APPENDIX TITLE STATUS A Board of Appeals Not Adopted B Fire-flow Requirements for Buildings Adopted, with amendments C Fire Hydrant Locations and Distribution Adopted, with amendments D Fire Apparatus Access Roads Adopted, with amendments E Hazard Categories Adopted as Reference F Hazard Ranking Adopted G Cryogenic Fluids—Weights and Volume Equivalents Adopted as Reference H Hazardous Materials Management Plan (HMMP) Adopted as Reference I Fire Protection Systems—Non-compliant Conditions Not Adopted J Building Information Sign Not Adopted K Construction Requirements for Existing Ambulatory Care Facilities Not Adopted L Requirements for Fire Fighter Air Replenishment Systems Adopted M High-rise Buildings—Retroactive Automatic Sprinkler Requirements Not Adopted N Indoor Trade Shows and Exhibitions Adopted 4.2 Packet Pg. 78 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -23- 74. Section B105.1 One-and two-family dwellings, Group R-3 and R-4 buildings and townhouses is hereby amended to read as follows: B105.1 One- and two-family dwellings, Group R-3 and R-4 buildings and townhouses. The minimum fire-flow and flow duration requirements for one- and two- family dwellings, Group R-3 and R-4 buildings and townhouses shall be 1000 gpm with residual pressure of 20 psi for a duration of one (1) hour. Exception: One- and two-family dwellings, Group R-3 and R-4 buildings and townhouses located outside of the City of Fort Collins Growth Management Area shall provide a minimum fire-flow of 500 gpm with residual pressure of 20 psi for a duration of one (1) hour. 75. Table B105.1(1) is hereby deleted in its entirety. 76. Table B105.1(2) is hereby retained in its entirety. 77. Section B105.2 Buildings other than one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses is hereby amended to read as follows: B105.2 Buildings other than one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses. The minimum fire-flow and flow duration for buildings other than one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses shall be as specified in Tables B105.1(2). Exception: A reduction in required fire flow of up to 75%, as approved, is allowed when the building is protected with an automatic fire suppression system in accordance with section 903.3.1.1 or 903.3.1.2. The resulting fire flow shall not be less than 1,500 gpm for the prescribed duration as specified in Table B105.1(2). 78. TABLE B105.2 REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES is hereby deleted in its entirety. 4.2 Packet Pg. 79 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -24- 79. APPENDIX C FIRE HYDRANT LOCATIONS AND DISTRIBUTION is hereby deleted in its entirety and replaced with the following: APPENDIX C FIRE HYDRANT LOCATIONS AND DISTRIBUTION SECTION C101 GENERAL C101.1 Scope. In addition to the requirements of Section 507.5.1, fire hydrants shall be provided along public roads and required fire apparatus access roads in accordance with this appendix for the protection of buildings, or portions of buildings, hereafter constructed or moved into the jurisdiction. SECTION C102 NUMBER OF FIRE HYDRANTS C102.1 Fire hydrants available. The number of fire hydrants available to a building, complex or subdivision shall be not less than that determined by spacing requirements listed in Table C102.1 when applied to fire apparatus access roads and adjacent public streets from which fire operations could be conducted. TABLE C102.1 a. Reduce by 100 feet for dead-end streets or roads. APPLICATION FIRE FLOW REQUIREMENTS (gpm) SPACING BETWEEN HYDRANTS (feet)a,b,c MAXIMUM DISTANCE FROM THE CLOSEST POINT ON A BUILDING TO A HYDRANT (feet)e Commercial/ Multifamily Value as calculated in accordance with section B105.2 600 300d One- & Two-Family Dwelling - Urban 1,000 800 400 One- & Two-Family Dwelling - Rural 500 800 400 4.2 Packet Pg. 80 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -25- b. Where streets are provided with median dividers that cannot be crossed by fire fighters pulling hose lines, or are arterial streets, hydrant spacing shall average 500 feet on each side of the street and be arranged on an alternating basis. c. Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants shall be provided at spacing not to exceed 1,000 feet to provide for transportation hazards. d. For buildings equipped with a standpipe, see Section 507.5.1.1. e. For the purposes of determining distance from a building to a hydrant, hydrants located across 2- and 4-lane arterial roads shall not be considered available unless the building is protected with an approved automatic fire suppression system. Hydrants located across 6 lane arterial roads shall not be considered available. SECTION C103 FIRE HYDRANT SPACING C105.1 Hydrant spacing. The average spacing between fire hydrants shall not exceed that listed in Table C102.1. Regardless of the average spacing, fire hydrants shall be located such that all points on streets and access roads adjacent to a building are within the distances listed in Table C102.1. Exception: The fire code official is authorized to accept a deficiency of up to 10 percent where existing fire hydrants provide all or a portion of the required fire hydrant service. SECTION C103 CONSIDERATION OF EXISTING FIRE HYDRANTS C103.1 Existing fire hydrants. Existing fire hydrants on public streets are allowed to be considered as available to meet the requirements of Sections C102 and C103. Existing fire hydrants on adjacent properties shall not be considered available unless fire apparatus access roads extend between properties and easements are established to prevent obstruction of such roads. 80. APPENDIX D FIRE APPARATUS ACCESS ROADS is hereby deleted in its entirety and replaced with the following: APPENDIX D FIRE APPARATUS ACCESS ROADS SECTION D101 GENERAL D101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of the International Fire Code adopted by the City of Fort Collins, including all local amendments. 4.2 Packet Pg. 81 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -26- SECTION D102 REQUIRED ACCESS D102.1 Access and loading. Facilities, buildings, or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete, or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 80,000 pounds (36,287 kg). D102.2 Access road construction. All access roadways must be all-weather driving surfaces capable of supporting fire apparatus. Surface shall be asphalt, concrete, or compacted road base and engineered for the imposed loads. D102.2.1 Temporary emergency access. Compacted road base or chip shall only be used for a temporary emergency access. Temporary access shall be available as long as the site is under construction. Thereafter, permanent fire lanes shall be accessible and unobstructed at all times. D102.2.2 Permanent emergency access. All permanent points of access shall be hard decks consisting of asphalt or concrete designed to HS 20 or to support 80,000 pounds (36,287 kg). Compacted road base or other surfaces engineered and capable of supporting the imposed loads may be approved by the fire code official for ground mounted solar installations, cell towers and similar isolated facilities and structures. D102.2.3 Installation timing. All required access roads must be installed and serviceable before above-ground construction begins unless otherwise approved by the fire code official. SECTION D103 MINIMUM SPECIFICATIONS D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet (7,925 mm), exclusive of shoulders. D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade. Exception: Grades steeper than 10 percent as approved by the fire code official. (See section D105.5 for aerial fire apparatus access roads.) D103.3 Turning radius. The minimum turning radius shall be 25 feet inside radius and 50 feet outside radius. D103.4 Angle of Approach/Departure. Grade changes upon a fire apparatus access road or when entering or exiting from or to a fire apparatus access road shall not exceed a 10 percent angle of approach or angle of departure. 4.2 Packet Pg. 82 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -27- Figure D103.1 4.2 Packet Pg. 83 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -28- Figure D103.1 (cont’d) 4.2 Packet Pg. 84 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -29- D103.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (46 m) shall be provided with width and turnaround provisions in accordance with Table D103.5. TABLE 103.5 REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS ROADS LENGTH (feet) WIDTH (feet) TURNAROUNDS REQUIRED 0-150 20 None required 151-660 20 100-foot hammerhead, 100-foot cul-de-sac in accordance with Figure D103.1 Over 660 Special Approval Required D103.5.1 Additional Points of Access Required. Additional points of access shall be required where a required access roadway exceeds 660 feet (201 m) in length. Exception: Where the access road does not exceed 1320 feet (402 m) in length and all dwelling units beyond 660 feet (201 m) are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 access from two directions shall not be required. D103.5.2 Remoteness. Where two or more points of access are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. D103.6 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Where a single gate is provided, the gate width shall be not less than 20 feet (6,096 mm). Where a fire apparatus road consists of a divided roadway, the gate shall be not less than 12 feet (3,658 mm). 2. Gates shall be of the swinging or sliding type. 3. Construction of gates shall be of materials that allow manual operation by one person. 4. Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices must be approved by the fire code official. 4.2 Packet Pg. 85 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -30- 6. Methods of locking the gate must be approved by the fire code official. 7. Manual opening gates shall not be locked with a padlock or chain and padlock unless the padlock is approved by the fire code official and is compatible with the approved Key Boxes in use by the fire department. 8. Gate design and locking device specifications shall be submitted for approval by the fire code official prior to installation. 9. Electric gate operators, where provided, shall be listed in accordance with UL325. 10. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F 2200. D103.7 Signs. Where required by the fire code official, fire apparatus access roads shall be marked with permanent NO PARKING-FIRE LANE signs complying with Figure D 103.6 or other approved sign. Signs shall have a minimum dimension of 12 inches (305 mm) wide by 18 inches (457 mm) high and have red letters on a white reflective background. Signs shall be posted on one or both sides of the fire apparatus road as required by Sections D103.7.1 or D103.7.2. FIGURE D103.7 FIRE LANE SIGNS D103.7.1 Roads 20 to 26 feet in width. Fire lane signs as specified in D103.7 shall be posted on both sides of fire apparatus access roads that are 20 to 26 feet wide (6,096 to 7,925 mm). D103.7.2 Roads more than 26 feet in width. Fire lane signs as specified in D103.7 shall be posted on one side of fire apparatus access roads more than 26 feet wide (7,925 mm) and less than 32 feet wide (9,754 mm). 4.2 Packet Pg. 86 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -31- D103.8 Minimum Overhead Clearance. Fire access roads shall have a minimum overhead clearance for the entire width of the access road of not less than 14 feet (4,267 mm). SECTION D104 COMMERCIAL AND INDUSTRIAL DEVELOPMENTS D104.1 Buildings exceeding three stories or 30 feet in height. Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have at least two means of fire apparatus access for each structure. Exception: Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height that have a single approved fire apparatus access road where the buildings are equipped throughout with approved automatic sprinkler systems. D104.2 Buildings exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet (11 520m2) that have a single approved fire apparatus access road where all buildings are equipped throughout with approved automatic sprinkler systems. D104.3 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. SECTION D105 AERIAL FIRE APPARATUS ACCESS ROADS D105.1 Where required. Where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet (9,144 mm), approved aerial fire apparatus access roads shall be provided. For purposes of this section, the highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925 mm), exclusive of shoulders, in the immediate vicinity of the building or portion thereof if the fire apparatus access road is not a dead end. Dead end fire apparatus access roads for aerial apparatus access shall be a minimum of 30 feet (9144 mm) wide. D105.3 Proximity to building. One or more of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572 mm) and a maximum of 30 feet (9144 mm) from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road 4.2 Packet Pg. 87 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -32- is positioned shall be approved by the fire code official. D105.4 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. Other obstructions may be permitted to be placed only if approved by the fire code official. D105.5 Grade. Aerial fire apparatus access roads adjacent to the building shall not exceed five percent in grade. D105.6 Road type. Aerial fire apparatus access roads shall not be located on an arterial street with six or more through lanes as defined by the LCUASS standards for arterials. SECTION D106 MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENTS D106.1 Projects having more than 100 dwelling units. Multiple-family residential projects having more than 100 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads. Exception: Projects having up to 200 dwelling units may have a single approved fire apparatus access road when all buildings, including nonresidential occupancies, are equipped throughout with approved automatic sprinkler systems installed in accordance with Section 903.3.1.1 or 903.3.1.2. D106.2 Projects having more than 200 dwelling units. Multiple-family residential projects having more than 200 dwelling units shall be provided with two separate and approved fire apparatus access roads regardless of whether they are equipped with an approved automatic sprinkler system. D106.3 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. SECTION D107 ONE- OR TWO-FAMILY RESIDENTIAL DEVELOPMENTS D107.1 One- or two-family dwelling residential developments. Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads that comply with Section D103.5.2. Exception: Where there are more than 30 dwelling units on a single public or private fire apparatus access road not exceeding 1320 feet (402 m) in length and all dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 access from two directions 4.2 Packet Pg. 88 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -33- shall not be required. D107.2 Future connection. The number of dwelling units on a single fire apparatus access road shall not exceed 30 dwelling units unless fire apparatus access roads will connect with future development, as determined by the fire code official. D107.3 Remoteness. Where two access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. SECTION D108 REFERENCED STANDARDS D108.1 General. See Table D108.1 for standards that are referenced in various sections of this appendix. Standards are listed by the standard identification with the effective date, standard title, and the section or sections of this appendix that reference the standard. TABLE D108.1 REFERENCED STANDARDS STANDARD ACRONYM STANDARD NAME SECTIONS HEREIN REFERENCED ASTM F 2200—14 Standard Specification for Automated Vehicular Gate Construction D103.5 UL 325—02 Door, Drapery, Gate, Louver, and Window Operators and Systems, with Revisions through May 2015 D103.5 Section 5. The City Attorney and the City Clerk are authorized to modify the formatting and to make such other amendments to this Ordinance as necessary to facilitate publication in the Fort Collins Municipal Code; provided, however, that such modifications and amendments shall not change the substance of the Code provisions. 4.2 Packet Pg. 89 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -34- Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2022, and to be presented for final passage on the 7th day of June, A.D. 2022. ____________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on this 7th day of June, A.D. 2022. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.2 Packet Pg. 90 Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) EXHIBIT A4.2Packet Pg. 91Attachment: Ordinance No. 060, 2022 (11645 : SR 060 064 Fire Code Adoption) -1- ORDINANCE NO. 064, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING CHANGES TO FORT COLLINS CITY CODE SECTION 2-173 RELATED TO ADOPTION OF THE 2021 INTERNATIONAL FIRE CODE, WITH AMENDMENTS WHEREAS, as early as 1958, the City has reviewed, amended and adopted the latest nationally recognized fire protection standards available for the times; and WHEREAS, the City previously adopted the 2018 International Fire Code, with local amendments, to minimize human suffering and property loss from fire; and WHEREAS, the 2021 edition of the International Fire Code represents the most current version now available; and WHEREAS, by adoption of Ordinance No. 060, 2022, City Council has repealed the 2018 International Fire Code (“2018 IFC”) and adopted the 2021 IFC as amended (the 2021 IFC); and WHEREAS, the 2021 IFC provides that appeals of decisions by the fire code official (the Fire Chief, or by delegation, the Fire Marshall) shall be heard by the Fort Collins Building Review Commission (the “Commission”) acting as the Fire Board of Appeals, as did the 2018 Fire Code; and WHEREAS, this Ordinance makes a related change to City Code Section 2-173 to reflect the Commission’s responsibility to serve as the Fire Board of Appeals as set forth in the 2021 IFC. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 2-173 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-173. Building Review Commission. (a) The City shall have a Building Review Commission, hereafter referred to in this Section as the "Commission." The Commission shall consist of seven (7) members. Three (3) of the Commission members shall be qualified by experience and/or training to knowledgeably consider technical matters related to building construction. (b) The Commission shall have the following functions: (1) To determine the suitability of alternate materials or alternate methods of construction, provide for reasonable interpretations of the provisions of the City building 4.3 Packet Pg. 92 Attachment: Ordinance No. 064, 2022 (11645 : SR 060 064 Fire Code Adoption) -2- code, City mechanical code, City plumbing code, City electrical code and City fire code, and hear all appeals made to it related to such codes; (2) To hear all requests for variances from the requirements of Article 5, Title 9, C.R.S., which establishes standards and specifications governing the accessibility of buildings and facilities within the City to the physically handicapped; (3) To hear all matters related to the suspension or revocation of any supervisor certificate or license or registration of any plumber or electrician as provided in the Code; (4) To, upon appeal in specific cases, grant variances from the terms of Chapter 15, Article V, where the peculiar or exceptional practical difficulties to or exceptional or undue hardship upon the person regulated, or when the applicant can demonstrate to the satisfaction of the Commission that the applicant possesses other qualifications not specifically listed in Chapter 15, Article V, such as specialized training, education or additional experience, which the Commission has determined qualifies the applicant to perform in a competent manner any construction authorized under the license or certificate sought, provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of said Article; (5) To serve as the Board of Appeals as required under § 111 of the International Property Maintenance Code as adopted by the City and "Housing Standards" contained in Chapter 5, Article VI, Division 2 of the Code; and (6) To advise the City Council on policy matters pertaining to the construction of buildings and the licensing of contractors and the certification of supervisors for all aspects of the construction of buildings; and (7) To serve as the Fire Board of Appeals as required under §111.1 of the International Fire Code, 2021 Edition adopted in Section 9-1 and amended in Section 9-2 of City Code. 4.3 Packet Pg. 93 Attachment: Ordinance No. 064, 2022 (11645 : SR 060 064 Fire Code Adoption) -3- Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2022, and to be presented for final passage on the 7th day of June, A.D. 2022. ____________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on this 7th day of June, A.D. 2022. ____________________________________ Mayor ATTEST: _______________________________ City Clerk 4.3 Packet Pg. 94 Attachment: Ordinance No. 064, 2022 (11645 : SR 060 064 Fire Code Adoption) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY June 7, 2022 City Council STAFF Clay Frickey, Redevelopment Program Manager John Duval, Legal SUBJECT Second Reading of Ordinance No. 061, 2022, To Increase from Five to Seven the Number of Directors on the Board of Directors of the Fort Collins Tourism Improvement District and to Make an Appointment to One of the New Director Positions. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 17, 2022, amends the ordinance Council adopted in August 2021 to establish the Fort Collins Tourism Improvement District (District). The proposed Ordinance expands the District’s Board of Directors (Board) from five to seven directors, and it would appoint the director for one of the newly created positions. The Board seeks broader representation from the District. The Board’s expansion would allow two at-large electors to serve on the Board. The Board has nominated Abbie Stout, owner of the Edwards House, to fill one of these new positions. The othe r position will remain vacant until the Board finds an eligible elector who is willing and able to serve on the Board. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (PDF) 2. Ordinance No. 061, 2022 (PDF) 5 Packet Pg. 95 AGENDA ITEM SUMMARY May 17, 2022 City Council STAFF Clay Frickey, Redevelopment Program Manager John Duval, Legal SUBJECT First Reading of Ordinance No. 061, 2022, To Increase from Five to Seven the Number of Directors on the Board of Directors of the Fort Collins Tourism Improvement District and to Make an Appointment to One of the New Director Positions. EXECUTIVE SUMMARY The purpose of this item is to amend the ordinance Council adopted in August 2021 to establish the Fort Collins Tourism Improvement District (District). The proposed Ordinance expands the District’s Board of Directors (Board) from five to seven directors and it would appoint the director for one of the newly created positions. The Board seeks broader representation from the District. The Board’s expansion would allow two at-large electors to serve on the Board. The Board has nominated Abbie Stout, owner of the Edwards House, to fill one of these new positions. The other position will remain vacant until the Board finds an eligible elector who is willing and able to serve on the Board. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION On August 4, 2021, Council adopted Ordinance No. 097, 2021 establishing the District (Establishment Ordinance). Section 7 of the Establishment Ordinance provides that the District’s Board shall have five directors who must be “electors” of the District. As relevant to tourism improvement districts, City Code Section 22-153 defines “elector” to mean a natural person who: (i) is a resident of the State of Colorado, (ii) is eighteen (18) years of age or older, (iii) is registered to vote in general elections in the State of Colorado, and (iv) who maintains a lodging tax license with the City and is obligated to pay the lodging tax by virtue of ownership and operation of a lodging business in the District or is a natural person designated to vote for an entity that is not a natural person and maintains a lodging tax license with the City and is obligated to pay the lodging tax by virtue of ownership of a lodging business in the District. Section 7 also currently requires that three of the directors be affiliated with a large full-service lodging business in the District, one director must be affiliated with a small limited-service lodging business in the District, and one director must be affiliated with a boutique or specialty lodging business in the District. On April 26, 2022, the District’s Board adopted and approved a resolution requesting Council to expand the number of directors on the Board from five to seven. A copy of this resolution is attached as Exhibit “A” to the Ordinance. The Board is also proposing that these two new directors be electors of the District who are affiliated with any type of lodging business in the District. ATTACHMENT 1 COPY5.1 Packet Pg. 96 Attachment: First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (11647 : SR 061 TID Board Expansion and Appointment) -1- ORDINANCE NO. 061, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS TO INCREASE FROM FIVE TO SEVEN THE NUMBER OF DIRECTORS ON THE BOARD OF DIRECTORS OF THE FORT COLLINS TOURISM IMPROVEMENT DISTRICT AND TO MAKE AN APPOINTMENT FOR ONE OF THE NEW DIRECTOR POSITIONS WHEREAS, on August 4, 2021, the City Council adopted Ordinance No. 097, 2021 (“Ordinance No. 097”) establishing the Fort Collins Tourism Improvement District (the “District”); and WHEREAS, Ordinance No. 097 was amended on December 7, 2021, by City Council’s adoption of Ordinance No. 161, 2012, (“Ordinance No. 161”), which amendment corrected a typographical error in Section 11 Ordinance No. 097 concerning the ending date for the term of the District’s lodging fee; and WHEREAS, Ordinance No. 097 and Ordinance No. 161 shall be jointly referred to herein as the “Establishment Ordinance”; and WHEREAS, City Code Section 22-164(a) provides that tourism improvement districts shall have a board of five to nine directors as specified in their establishment ordinance; and WHEREAS, Section 7 of the Establishment Ordinance currently states that the board of directors of the District (the “District Board”) shall consist of five directors who must all be “electors” in the district, as defined in City Code Section 22-153, of which five directors, three must be affiliated with a large full service lodging business within the District, one must be affiliated with a small limited-service lodging business within the District, and one must be affiliated with a boutique or specialty lodging business within the District; and WHEREAS, on April 26, 2022, the District Board adopted the resolution attached as Exhibit “A” requesting that the City Council amend Section 7 of the Establishment Ordinance to expand the membership on the District Board from five to seven directors with the two added directors each serving a three-year term and being an elector of the District who is affiliated with any type of lodging business in the District; and WHEREAS, on April 26, 2022, the District Board also adopted the resolution attached as Exhibit “B” nominating and recommending that Abbie Stout, the owner of the Edwards House, be appointed by City Council to one of the two new director positions to serve a three-year term; and WHEREAS, Abbie Stout, as the owner of the Edwards House, is an elector of the District who is affiliated with a lodging business within the District and, therefore, qualified to serve as a director on the District Board; and WHEREAS, the District Board has not yet identified a qualified person to nominate and recommend for the second new director position but expects to do so in the near future; and 5.2 Packet Pg. 97 Attachment: Ordinance No. 061, 2022 (11647 : SR 061 TID Board Expansion and Appointment) -2- WHEREAS, adoption of this Ordinance is in the best interest of the City and necessary for the District’s effective operation in the future. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 7 of the Establishment Ordinance is hereby amended to read in full as follows: Section 7. Appointment of Directors. Beginning September 1, 2021, the District's Board has consisted of five (5) Directors who are Electors of the District having these additional qualifications: (i) three (3) Directors must be affiliated with a large full-service Lodging Business in the District; (ii) one (1) Director must be affiliated with a small limited-service Lodging Business in the District; and (iii) one (1) Director must be affiliated with a boutique or specialty Lodging Business in the District. Commencing June 17, 2022, the number of Directors on the District Board shall be increased from five (5) to seven (7) Directors. The two (2) new Directors shall be Electors but may be affiliated with any type of Lodging Business in the District and shall serve a three-year term beginning on the effective date of their appointment by the City Council. The following Electors were appointed as the District's initial five (5) Directors to serve on its Board for the staggered terms stated below by the City Council’s adoption of Ordinance No. 097, 2021: (a) Daniel Benton, affiliated with the Fort Collins Hilton, a large full-service Lodging Business, for a one (1) year term; (b) Danielle Lowry, affiliated with the Hampton Inn, a small limited-service Lodging Business, for a two (2) year term; (c) Dragan Andrejic, affiliated with The Elizabeth, a large full-service Lodging Business, for a two (2) year term; (d) George Prine, affiliated with The Armstrong, a boutique/specialty Lodging Business, for a three (3) year term; and (e) Sandra Fredrickson, affiliated with the Fort Collins Marriott, a large full- service Lodging Business, for a one (1) year term. The terms of these initial Directors commenced on September 1, 2021. On April 19, 2022, the City Council adopted Resolution 2022-052 appointing Aryell Mattern as a Director on the District Board to fill the vacancy left by the 5.2 Packet Pg. 98 Attachment: Ordinance No. 061, 2022 (11647 : SR 061 TID Board Expansion and Appointment) -3- resignation of Drajan Andrejic from the District Board. Aryell Mattern is an Elector of the District affiliated with Fairfield Inn and Candlewood Suites in Fort Collins, both of which are large full-service Lodging Businesses in the District. Director Mattern was appointed to finish Director Andrejic’s term ending September 1, 2023. Upon the expiration of the initial terms, successor Directors shall be appointed by the City Council by resolution for terms of three (3) years unless the appointee is being appointed to finish the term of a Director who has left the Board for any reason before the expiration of their term and, in such case, the appointee shall only be appointed to finish the term of the departed Director. Section 3. That the City Council hereby appoints Abbie Stout to fill one of the two new director positions on the District Board as an elector of the District who may by affiliated with any type of lodging business in the District, and this appointment shall be for a three-year term beginning on June 17, 2022 and ending on June 17, 2025. Section 4. That except as amended and approved herein, the Establishment Ordinance shall remain unchanged and in full force and effect. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2022, and to be presented for final passage on the 7th day of June, A.D. 2022. ______________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on this 7th day of June, A.D. 2022. ______________________________ Mayor ATTEST: _______________________________ City Clerk 5.2 Packet Pg. 99 Attachment: Ordinance No. 061, 2022 (11647 : SR 061 TID Board Expansion and Appointment) EXHIBIT A 5.2 Packet Pg. 100 Attachment: Ordinance No. 061, 2022 (11647 : SR 061 TID Board Expansion and Appointment) EXHIBIT A 5.2 Packet Pg. 101 Attachment: Ordinance No. 061, 2022 (11647 : SR 061 TID Board Expansion and Appointment) EXHIBIT B 5.2 Packet Pg. 102 Attachment: Ordinance No. 061, 2022 (11647 : SR 061 TID Board Expansion and Appointment) EXHIBIT B 5.2 Packet Pg. 103 Attachment: Ordinance No. 061, 2022 (11647 : SR 061 TID Board Expansion and Appointment) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY June 7, 2022 City Council STAFF Blaine Dunn, Accounting Director John Duval, Legal SUBJECT Second Reading of Ordinance No. 062, 2022, Authorizing and Approving the Execution and Delivery by the City of One or More Amendments to 2019 Trust Indenture, Leases and Other Related Documents for the Issuance of 2022 Certificates of Participation for the Financing of Certain City Projects. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 1 7, 2022, authorizes the amendment of certain 2019 lease documents and approval of other related documents for the issuance of certificates of participation (COPs), the funds from which will be used for the acquisition of the Hughes Stadium land, constructi on of the Southridge golf course irrigation system improvements, construction of the Fleet shop expansion, and such additional projects as Council may approve by resolution. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (PDF) 2. Ordinance No. 062, 2022 (PDF) 6 Packet Pg. 104 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY May 17, 2022 City Council STAFF Blaine Dunn, Accounting Director John Duval, Legal SUBJECT First Reading of Ordinance No. 062, 2022, Authorizing and Approving the Execution and Delivery by the City of One or More Amendments to 2019 Trust Indenture, Leases and Other Related Documents for the Issuance of 2022 Certificates of Participation for the Financing of Certain City Projects. EXECUTIVE SUMMARY The purpose of this item is to consider an Ordinance authorizing the amendment of certain 2019 lease documents and approval of other related documents for the issuance of certificates of participation (COPs), the funds from which will be used for the acquisition of the Hughes Stadium land, construction of the Southridge golf course irrigation system improvements, construction of the Fleet shop expansion, and such additional projects as City Council may approve by resolution. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Certificates of Participation Certificates of participation, or COPs, are a type of financing that is somewhat similar to a bond. The purchaser of a COP purchases a share of the revenues from a lease as distinguished from a bond purchaser receiving principal and interest payments under the bond. COPs are routinely used by Colorado governments as a method to finance various governmental projects. Lease financings are not subject to voter approval under the Colorado Taxpayer’s Bill of Rights (TABOR) because the City’s obligations under the lease are subject to annual appropriation. In any year, the City can decide that it will not renew its lease. Since TABOR requires voter approval in advance only for multiple fiscal year financial obligations, no vote is required for a lease financing that is from year to year only. A COPs transaction can be structured in different ways, but the City’s most recent COPs transactions have been structured as a “lease-lease back”. Under this structure, the City leases its designated real property to a Bank/Trustee under a “Site Lease” and then leases that same property back under a “Lease.” The Trustee then sells the COPs to investors who purchase the right to receive the rental payments under the annually renewable Lease. The terms of the COPs are set forth in an Indenture of Trust that is executed by the Trustee. If the City chooses not to renew the Lease in any year, which it can do in its sole discretion without any penalty, the Lease terminates automatically and the Trustee will have the right to possession of the leased property under the Site Lease. The Trustee can then re-rent the leased property, or sell its leasehold interest, to generate revenues to repay the holders of the COPs. The City is not liable to repay the COP holders from any of its revenues; the COP holders must look solely to the leased property as their security. The Trustee cannot sell the leased property and ATTACHMENT 1 COPY6.1 Packet Pg. 105 Attachment: First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (11646 : SR 062 COPS) Agenda Item 12 Item # 12 Page 2 the City retains fee simple title to the leased property. At the end of the Site Lease, the City will get back unencumbered title to the leased property. City’s 2019 COPs In March 2019, the City Council adopted Ordinance No. 021, 2019, approving the issuance of COPs to finance and fund a portion of the costs for the recent improvements to the I-25 and Prospect Road interchange and for the construction of the City’s Northern Colorado Law Enforcement Training Center jointly owned with the City of Loveland (2019 COPs). The 2019 COPs were issued under various leases and other agreements approved in Ordinance No. 021, 2019 (2019 Agreements). Payment of the 2019 COPs was secured under a lease-lease back method using the City’s office building at 215 N. Mason and its Civic Center Parking Garage as the collateral. Proposed COPs City staff is now seeking $16.5M in financing using COPs to be issued in two or more tranches with the first tranche issued in July 2022 (2022 COPs). The proceeds from these issuances will be used to fund the purchase of the Hughes Stadium land ($8.5M), construction of the Southridge golf course irrigation system improvements ($5.0M), construction of the Fleet shop expansion ($3.0M), and to fund any other projects City Council may subsequently approve by resolution. The proposed financing method for these projects is to amend the 2019 Agreements, which included a site lease for the City’s lease of its property to the trustee (2019 Site Lease) and the lease for the trustee’s lease back of the property to the City (2019 Lease). These amendments will allow for the issuance of the proposed 2022 COPs. The City will continue to lease the building at 215 N. Mason and the Civic Center Parking Garage under the 2019 Lease, but more City property is needed as additional collateral under the 2019 Lease for the 2022 COPs and the rental payments due under the 2019 Lease will be increased. Concerning the additional collateral, the 2019 Agreements will be amended to grant the City Manager the authority, as needed, to add as leased property under the amended 2019 Lease all or portions of 960 acres of land that make up part of the City’s Coyote Ridge Natural Area and that are known as the McKee parcels (McKee Parcels). These McKee Parcels have been appraised at approximately $10 million. However, the 2019 Agreements will also be amended to allow the City, once it has purchased the Hughes Stadium land, to release the McKee Parcels as collateral and replace them with the Hughes Stadium land. The 2022 COPs will be issued as additional COPs under the amended 2019 Agreements, and a new rental schedule will be provided that includes the amortization schedule for the 2022 COPs. The 2019 COPs and the 2022 COPS will be equally secured by all the City’s real property under the 2019 Lease as amended by the 2022 amendments. The 2022 COPs will be sold by competitive sale to the best bidder. The City Manager and the Financial Officer will have the authority to determine the best bidder and finalize the terms of the sale subject to the parameters set in this Ordinance. The 2022 COPs will be sold pursuant to a Notice of Sale and a Preliminary Official Statement that sets forth the facts that are material to a potential investor. The following documents needed for these proposed amendments of the 2019 Agreements are attached: First Amendment to Site Lease, First Amendment to Lease Agreement, First Supplement to Indenture of Trust, Continuing Disclosure Certificate, Notice of Sale and Preliminary Official Statement. Hughes Stadium Land Purchase Per a voter-approved ballot measure in April 2021, the former Hughes Stadium site was rezoned as open lands, and the City was directed to make a good-faith effort to purchase the 165-acre site from CSU within two years at fair market value. The total estimated cost of the purchase is $12.5M; out of which $4M will come from the City’s General Fund and Natural Area fund, and the remaining $8.5M will be secured through the 2022 COPs. Costs will be allocated proportionally to corresponding funds once land use is determined for the Hughes COPY6.1 Packet Pg. 106 Attachment: First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (11646 : SR 062 COPS) Agenda Item 12 Item # 12 Page 3 Stadium land. The 2021 Citizen Initiated Ordinance stated the City should acquire the land “using existing voter- approved open space sales tax revenue and other funds currently available to the City, financing agreements, grants, partnerships with other local governments, or other available fiscally responsible mechanisms”. By utilizing COPs (a type of financing agreement) and cash from the General Fund and Natural Areas Fund, the City is following the intention of the Ordinance as presented by citizens. Southridge Golf Irrigation System Project The project is to install a new irrigation system at Southridge golf course located at 5750 S. Lemay Ave. It is an 18-hole golf course situated on 128 acres in southeast Fort Collins, and it is operated and maintained by the City. The current irrigation system has exceeded its typical life expectancy and is experiencing losses of water, costly repairs, and high labor needs. A new system will produce significant savings through better water application efficiency and flexibility and reduced labor and repair costs. The total estimated cost of the project is $5.0M. In 2022, $1.2M was appropriated out of golf reserves to secure some of the key materials ahead of installation. The appropriation also covers contingency in case the system cost exceeds the current estimate. Payments paid with the 2022 appropriation will be reimbursed with the proceeds from the 2022 COPs and put back in golf reserves. Fleet Shop Expansion Project The Fleet Shop Expansion project is to provide two garage bays to maintain compressed natural gas (CNG) fueled fleet vehicles in compliance with City and State codes. A comprehensive facility audit conducted in 2018 determined the existing garage facility located at 835 Wood St. needed did not meet all applicable codes and standards. The expansion will also help meet the increasing demand for more maintenance workspace as the City’s vehicle fleet grows. The total estimated cost of the project will be $4.0M. Operation Services will pay $1.0M out of its reserves, which includes the $0.4M appropriated by Council in the 2022 budget for the design of new facility. The City is seeking $3.0M from the 2022 COPs financing for the remainder of the construction costs. Other Projects Approved by Council If for any reason the City is unable to purchase the Hughes Stadium land, the amendments to the 2019 Agreements will allow the City Council to authorize, by resolution, use of the 2022 COPs proceeds intended for that purchase to be used for other City capital projects. CITY FINANCIAL IMPACTS The City is seeking to borrow a total of $16.9M, $16.5M for the projects and $400k in closing costs, with the 2022 COPs. The 2022 COPs will have a fixed interest rate and a mixed repayment term of 10 years for the Hughes Stadium land purchase and 15 years for the other two identified projects. The longer term is incorporated in repayment to reduce annual debt service payment for both Golf and Operation Services and ease cash flow pressure. In addition, in order to allow flexibility in the timing of the different projects to achieve the best available financing terms, the City will delegate to the City Manager to determine if the projects will be financed in whole or in part, at one time or at different times. The City will also delegate to the City Manager to determine if all or portions of McKee Parcels need to be added as collateral. The City will make semiannual payments starting in December 2022 with the last payment occurring in December 2037. The maximum annual debt service payment is $1,943,500, and the maximum total debt service payment is $23,692,410. BOARD / COMMISSION RECOMMENDATION The Council Finance Committee expressed its support for the proposed 2022 COPs at its April 7, 2022, meeting. COPY6.1 Packet Pg. 107 Attachment: First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (11646 : SR 062 COPS) Agenda Item 12 Item # 12 Page 4 ATTACHMENTS 1. First Amendment to Site Lease (as filed) (PDF) 2. First Amendment to Lease (as filed) (PDF) 3. Continuing Disclosure Certificate (as filed) (PDF) 4. First Supplemental Indenture (PDF) 5. Notice of Public Sale (as filed) (PDF) 6. Preliminary Official Statement (draft) (PDF) 7. Powerpoint Presentation (PDF) COPY6.1 Packet Pg. 108 Attachment: First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (11646 : SR 062 COPS) -1- ORDINANCE NO. 062, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY BY THE CITY OF ONE OR MORE AMENDMENTS TO 2019 TRUST INDENTURE, LEASES AND OTHER RELATED DOCUMENTS FOR THE ISSUANCE OF 2022 CERTIFICATES OF PARTICIPATION FOR THE FINANCING OF CERTAIN CITY PROJECTS WHEREAS, the City of Fort Collins, Colorado (the “City”) is a duly organized and existing home rule municipality of the State of Colorado, created and operating pursuant to Article XX of the Constitution of the State of Colorado and the home rule charter of the City (the “Charter”); and WHEREAS, the City is authorized by Article XX, Section 6 of the Colorado Constitution, and part 8 of Article 15 of title 31, Colorado Revised Statutes (“C.R.S.”), to enter into rental or leasehold agreements in order to provide necessary land, buildings, equipment and other property for governmental or proprietary purposes; and WHEREAS, the City Council of the City (the “City Council”) is authorized by Chapter 23, Article IV, Division 2 of the Fort Collins Municipal Code, to lease any and all interests in real property owned in the name of the City if the City Council first finds that the lease is in the best interest of the City; and WHEREAS, the City and U.S. Bank Trust Company, National Association, as successor in interest to U.S. Bank National Association, as Trustee (the “Trustee”) previously entered into a Site and Improvement Lease, dated March 21, 2019 (the “Original Site Lease”) and a Lease Purchase Agreement, dated March 21, 2019 (the “Original Lease”) to finance a portion of the cost of (a) the improvements to the highway interchange at Interstate Highway I-25 and Prospect Road in the City, and (b) the construction of a joint police training facility with the City of Loveland, Colorado (collectively, the “2019 Project”); and WHEREAS, the Leased Property under the Original Site Lease and the Original Lease consists of certain real property owned in fee title by the City, which consists of two parcels and the buildings and improvements located thereon, which presently serve as the Civic Center and the Civic Center Parking Garage (the “2019 Leased Property”); and WHEREAS, to finance the 2019 Project, the City leased the 2019 Leased Property to the Trustee pursuant to the Original Site Lease, and the Trustee leased back the 2019 Leased Property to the City pursuant to the Original Lease; and WHEREAS, in connection with the execution and delivery of the Original Site Lease and the Original Lease, the Trustee executed and delivered an Indenture of Trust, dated March 21, 2019 (the “Original Indenture”) pursuant to which there were executed and delivered certain certificates of participation (the “2019 Certificates”) dated as of their date of delivery that evidence certain proportionate interests in the right to receive certain revenues under the Original Lease; and 6.2 Packet Pg. 109 Attachment: Ordinance No. 062, 2022 (11646 : SR 062 COPS) -2- WHEREAS, the net proceeds from the sale of the 2019 Certificates were disbursed to finance the costs of the 2019 Project; and WHEREAS, the City Council has determined and now hereby determines that it is in the best interests of the City and its inhabitants to provide for the financing of one or more of the following projects: (a) the acquisition of the real property on which the Hughes Stadium previously existed (the “Hughes Stadium Acquisition”), (b) the acquisition and installation of certain irrigation improvements for Southridge Golf Course, which is owned by the City (the “Golf Course Improvements”), (c) the construction and installation of a fleet maintenance facility for the City at 800 Wood Street in the City (the “Maintenance Facility”), and (d) such additional projects that benefit the City that are approved by resolution of the City Council (collectively, the “2022 Project”); and WHEREAS, to provide for the financing of all or a portion of the 2022 Project, the City Council has determined and now hereby determines that it is in the best interest of the City and its inhabitants to enter into (a) one or more amendments to the Original Site Lease (collectively, the “Amendments to Site Lease”), and (b) one or more amendments to the Original Lease (collectively, the “Amendments to Lease”); and WHEREAS, there has been filed with the City (a) a First Amendment to Site and Improvement Lease between the City, as lessor, and the Trustee, as lessee (the “First Amendment to Site Lease”), and (b) a First Amendment to Lease Purchase Agreement, between the Trustee, as lessor, and the City, as lessee (the “First Amendment to Lease”); and WHEREAS, the Amendments to Site Lease shall be in substantially the form of the First Amendment to Site Lease, provided that the Amendments to Site Lease may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Ordinance (collectively, the Original Site Lease, the First Amendment to Site Lease and any subsequent Amendments to Site Lease shall be referred to herein as the “Site Lease”); and WHEREAS, the Amendments to Lease authorized by this Ordinance shall be in substantially the form of the First Amendment to Lease, provided that the Amendments to Lease may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Ordinance (collectively, the Original Lease, the First Amendment to Lease and any subsequent Amendments to Lease shall be referred to herein as the “Lease”); and WHEREAS, the City owns fee title to two parcels of real property that are located in the Coyote Ridge Natural Area, that are known as the McKee Strips, that presently serve as natural areas, with one parcel consisting of approximately 640 acres and one parcel consisting of approximately 320 acres (collectively, the “McKee Strip Parcels”); and WHEREAS, to effectuate the financing of all or a portion of the 2022 Project, the City Council has determined and hereby determines that one or both of the McKee Strip Parcels, and any buildings and improvements located thereon, shall be added to the 2019 Leased Property (collectively, the “Leased Property”) pursuant to the Amendments to Site Lease and the Amendments to Lease, as determined by the City Manager, as further set forth in Section 4 hereof; and 6.2 Packet Pg. 110 Attachment: Ordinance No. 062, 2022 (11646 : SR 062 COPS) -3- WHEREAS, contemporaneously with the execution and delivery of the Amendments to Site Lease and the Amendments to Lease, the Trustee will execute and deliver one or more Supplements to Indenture of Trust that will amend and supplement the Original Indenture (collectively, the “Supplemental Indentures” and together with the Original Indenture, the “Indenture”) pursuant to which there will be executed and delivered one or more series of Certificates of Participation (collectively, the “2022 Certificates”) that will be Additional Certificates under the Indenture; and WHEREAS, the 2022 Certificates will be dated as of their date of delivery, will evidence proportionate interests in the right to receive certain Revenues under the Indenture and shall be ratably secured with the Outstanding 2019 Certificates and any Additional Certificates that may be executed and delivered in the future, if any, and in respect of all Revenues, and shall be ranked pari passu with such Outstanding 2019 Certificates and any Additional Certificates that may be executed and delivered in the future, if any, will be payable solely from the sources therein provided, and shall not directly or indirectly obligate the City to make any payments beyond those appropriated for any fiscal year during which the Lease shall be in effect; and WHEREAS, the City Council has determined and now hereby determines that the competitive sale of the 2022 Certificates in one or more series, at one time or from time to time, is to the best advantage of the City; and WHEREAS, the net proceeds from the sale of the 2022 Certificates, together with other available moneys of the City, will finance the acquisition, construction and installation of all or a portion of the 2022 Project and pay the costs of issuance in connection therewith; and WHEREAS, pursuant to the Lease, and subject to the right of the City to terminate the Lease and other limitations as therein provided, the City will pay certain Base Rentals and Additional Rentals (as such terms are defined in the Lease) in consideration for the right of the City to use the Leased Property; and WHEREAS, the City’s obligation under the Lease to pay Base Rentals and Additional Rentals shall be from year to year only; shall constitute currently budgeted expenditures of the City; shall not constitute a mandatory charge or requirement in any ensuing budget year; shall not constitute a general obligation or other indebtedness or multiple fiscal year financial obligation of the City within the meaning of any constitutional, charter, statutory limitation or other requirement concerning the creation of indebtedness or multiple fiscal year financial obligation, nor a mandatory payment obligation of the City in any ensuing fiscal year beyond any fiscal year during which the Lease shall be in effect; and WHEREAS, the Site Lease provides that it may only be amended, changed, modified, or altered with the prior written consent of the City and the Trustee and in accordance with the provisions of the Indenture, and the Indenture provides that the City and the Trustee may amend the Site Lease, without the consent of or notice to the owners of the 2019 Certificates to, among other matters, make additions to the Leased Property, amend the schedule of Base Rentals and make all other amendments necessary for the execution and delivery of Additional Certificates in accordance with the provisions of the Indenture; and 6.2 Packet Pg. 111 Attachment: Ordinance No. 062, 2022 (11646 : SR 062 COPS) -4- WHEREAS, the Lease provides that it may only be amended, changed, modified, or altered as provided in the Indenture, and the Indenture provides that the Trustee and the City may amend the Lease, without the consent of or notice to the owners of the 2019 Certificates to, among other matters, make additions to the Leased Property, amend the Base Rentals and make all other amendments necessary for the execution and delivery of Additional Certificates in accordance with the provisions of the Indenture; and WHEREAS, the Indenture provides that the Trustee may, with the written consent of the City, but without the consent of or notice to the owners of the 2019 Certificates, enter into such indentures or agreements supplemental thereto to, among other purposes, authorize the execution and delivery of Additional Certificates for the purposes and under the conditions set forth in the Indenture; and WHEREAS, Section 11-57-204 of the Supplemental Public Securities Act, constituting Title 11, Article 57, Part 2, C.R.S., as amended (the “Supplemental Act”), provides that a public entity, including the City, may elect in an act of issuance to apply all or any of the provisions of the Supplemental Act; and WHEREAS, there has been presented to the City Council and are on file with the City Clerk the following: (i) the proposed form of the First Amendment to Site Lease; (ii) the proposed form of the First Amendment to Lease; (iii) the proposed form of the Continuing Disclosure Certificate to be provided by the City in connection with the execution and delivery of each series of the 2022 Certificates (collectively, the “Disclosure Certificate”); (iv) the proposed form of the Notice of Sale to be used in connection with the competitive sale of the 2022 Certificates in one or more series (collectively, the “Notice of Sale”); and (v) the Preliminary Official Statement (the “Preliminary Official Statement”) relating to the 2022 Certificates; and WHEREAS, capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Original Lease and the First Amendment to Lease. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO as follows: Section 1. Recitals Incorporated. The foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the City Council. Section 2. Ratification and Approval of Prior Actions. All action heretofore taken (not inconsistent with the provisions of this Ordinance) by the City Council or the officials, officers, agents or employees of the City relating to the execution and delivery of the Amendments to Site Lease and the Amendments to Lease, the acquisition, construction and installation of all or a portion of the 2022 Project, and the sale, execution and delivery of the 2022 Certificates is hereby ratified, approved and confirmed. Section 3. Finding of Best Interests. The City Council hereby finds and determines, pursuant to the Colorado Constitution, the laws of the State of Colorado and the Charter, that the acquisition, construction and installation of all or a portion of the 2022 Project, and the financing of the costs thereof, including the costs of issuance incurred in connection therewith, pursuant to the terms set forth in the Site Lease (as amended by the Amendments to Site Lease), the Lease (as 6.2 Packet Pg. 112 Attachment: Ordinance No. 062, 2022 (11646 : SR 062 COPS) -5- amended by the Amendments to Lease), the Indenture (as amended by the Supplemental Indentures) and the Sale Certificate (hereinafter defined) are necessary, convenient, and in furtherance of the City’s public purposes and are in the best interests of the City and the City Council hereby authorizes and approves the same. Section 4. Authority to Finance 2022 Project; Leased Property. The City Council hereby finds and determines that it is in the best interests of the City to allow flexibility in the timing of the 2022 Project to achieve the best available financing terms. Pursuant to the Charter, the City Council hereby delegates to the City Manager the authority to determine whether it is in the City’s best interest to finance all or a portion of the 2022 Project, and to determine whether to finance all or a portion of the 2022 Project at one time or at different times. The 2022 Project may be financed in whole or in part, and at such times as are determined by the City Manager to be in the best interest of the City. The City shall not be obligated to finance all or any portion of the 2022 Project. In the event that the City Manager determines to finance the 2022 Project in phases, all references herein to the 2022 Project shall collectively include all portions of the 2022 Project financed pursuant to this Ordinance, whether such portions were financed in 2022 or in 2023. The City Council hereby determines that the real property that shall be added to the Site Lease and the Lease as Leased Property thereunder pursuant to the Amendments to Site Lease and the Amendments to Lease shall be the McKee Strip Parcels, unless the City Council adopts a resolution authorizing additional real property to be added as Leased Property under the Site Lease and the Lease. The City Council delegates to the City Manager the authority to determine which portions of the McKee Strip Parcels shall be added as Leased Property under the Site Lease and the Lease in order to finance all or a portion of the 2022 Project. In the event that the 2022 Project is financed in phases, the McKee Strip Parcels may be added to the Leased Property at different times as determined by the City Manager to be in the best interests of the City. The City shall not be obligated to add both McKee Strip Parcels as Leased Property under the Site Lease and the Lease. The delegation set forth in this Section 4 shall be effective for one year following the effective date of this Ordinance. Section 5. Supplemental Act; Parameters. The City Council hereby elects to apply all of the provisions of the Supplemental Act to the Site Lease and the Lease, and in connection therewith delegates to each of the City Manager and the Financial Officer of the City (the “Financial Officer”) the independent authority to make any determination delegable pursuant to §11-57- 205(1)(a-i) C.R.S., as amended, in relation to the Amendments to Site Lease and the Amendments to Lease, and to execute one or more sale certificates (collectively, the “Sale Certificate”) setting forth such determinations, including without limitation, the term of the Site Lease (as amended by the Amendments to Site Lease), the additional rental amount to be paid by the Trustee pursuant to the applicable Amendment to Site Lease, the term of the Lease (as amended by the Amendments to Lease), and the additional rental amount payable by the City pursuant to the applicable Amendment to Lease, subject to the following parameters and restrictions: a. In the event that the City finances only the portions of the 2022 Project consisting of the Golf Course Improvements and the Maintenance Facility, the total additional consideration to be paid 6.2 Packet Pg. 113 Attachment: Ordinance No. 062, 2022 (11646 : SR 062 COPS) -6- by the Trustee to the City pursuant to the Amendments to Site Lease related thereto shall be not less than $8,000,000; b. In the event that the City finances the portions of the 2022 Project consisting of the Hughes Stadium Acquisition, the Golf Course Improvements and the Maintenance Facility, the total additional consideration to be paid by the Trustee to the City pursuant to the Amendments to Site Lease related thereto shall not be less than $16,500,000; c. the term of the Site Lease shall not extend beyond December 31, 2048; d. the maximum annual amount of the Base Rentals payable by the City pursuant to all of the Amendments to Lease authorized by this Ordinance that is attributable to the aggregate principal of and interest on the 2022 Certificates shall not exceed $2,100,000; e. the maximum total amount of Base Rentals payable by the City pursuant to all of the Amendments to Lease authorized by this Ordinance that is attributable to the aggregate principal of and interest on the 2022 Certificates shall not exceed $24,000,000; f. the Lease Term shall not extend beyond December 31, 2038; and g. the purchase price of each series of the 2022 Certificates shall not be less than 100% of the aggregate principal amount of such series. Pursuant to §11-57-205 of the Supplemental Act, the City Council hereby delegates to each of the City Manager and the Financial Officer the independent authority to receive bids for the purchase of each series of the 2022 Certificates and to determine the best bid therefor in accordance with the provisions of this Ordinance, and subject to the parameters set forth herein and the other terms and provisions set forth in this Ordinance and the applicable Notice of Sale. The City Manager and the Financial Officer are each hereby authorized to accept a binding bid for each series of the 2022 Certificates. The 2022 Certificates or any portion thereof may be sold at different times and may be sold to different purchasers as determined by the City Manager or the Financial Officer to be in the best interests of the City. The purchaser of each series of the 2022 Certificates and the terms of the winning bid shall be set forth in the applicable Sale Certificate. In the event that all or a portion of the 2022 Certificates are executed and delivered in calendar year 2023, the City Manager and the Financial Officer shall have the authority to change the name of such series and the series designation without further action by the City Council. All references herein to the 2022 Certificates shall include all Additional Certificates issued pursuant to the authority set forth in this Ordinance whether issued in calendar year 2022 or calendar year 2023. The delegation set forth in this Section 5 shall be effective for one year following the date hereof. 6.2 Packet Pg. 114 Attachment: Ordinance No. 062, 2022 (11646 : SR 062 COPS) -7- The City Council hereby agrees and acknowledges that the net proceeds of the 2022 Certificates will be used, together with other available moneys of the City, to finance the costs of acquiring, constructing and installing all or a portion of the 2022 Project and to pay costs of issuance of the 2022 Certificates. Section 6. Approval of Documents. The Amendments to Site Lease and the Amendments to Lease, in substantially the forms of the First Amendment to Site Lease and the First Amendment to Lease presented to the City Council and on file with the City Clerk, are in all respects approved, authorized and confirmed, and the Mayor of the City is hereby authorized and directed for and on behalf of the City to execute and deliver the Amendments to Site Lease and the Amendments to Lease in substantially such forms, provided that such documents may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Ordinance. The Disclosure Certificate in substantially the form of the Disclosure Certificate presented to the City Council and on file with the City Clerk, is in all respects approved, authorized and confirmed, and the Mayor of the City is hereby authorized and directed for and on behalf of the City to execute and deliver a Disclosure Certificate in substantially such form, in connection with each series of 2022 Certificates executed and delivered pursuant to this Ordinance, provided that such document may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Ordinance. The execution of the Amendments to Site Lease, the Amendments to Lease and one or more Disclosure Certificates by the Mayor shall be conclusive evidence of the approval by the City Council of such documents in accordance with the terms hereof and thereof. Section 7. Competitive Sale of 2022 Certificates; Notice of Sale. The 2022 Certificates shall be sold by competitive sale in one or more series, and at one time or from time to time, as determined by the City Manager to be in the best interests of the City, in accordance with the applicable Notice of Sale. The City Council hereby approves the Notice of Sale in substantially the form presented to the City Council and on file with the City Clerk, provided that such Notice of Sale may be completed, corrected or revised as deemed necessary by the City Manager in order to carry out the purposes of this Ordinance and to reflect the terms of the applicable 2022 Certificates. The Financial Officer is hereby authorized and directed to cause the Notice of Sale to be distributed to prospective bidders on the 2022 Certificates. Section 8. Official Statement. The designation of the Preliminary Official Statement by the Mayor or the City Manager as a “deemed final Official Statement” for purposes of Rule 15c2-12 of the Securities and Exchange Commission is hereby authorized and confirmed. A final Official Statement, in substantially the form of the Preliminary Official Statement presented to the City Council and on file with the City Clerk, is in all respects approved and authorized. The Mayor is hereby authorized and directed to execute and deliver the final Official Statement, for and on behalf of the City, in substantially the form and with substantially the same content as the Preliminary Official Statement presented to the City Council and on file with the City Clerk, provided that such document may be completed, corrected, or revised as deemed necessary by the City Manager. The distribution of the Notice of Sale, the Preliminary Official Statement and the final Official Statement to prospective purchasers of each series of the 2022 Certificates is hereby ratified, approved, and authorized. The City Council hereby acknowledges and confirms that in the event that the 2022 Certificates are sold in more than one series at different times, that the City 6.2 Packet Pg. 115 Attachment: Ordinance No. 062, 2022 (11646 : SR 062 COPS) -8- will prepare a Preliminary Official Statement and an Official Statement for each such series and that the Preliminary Official Statement and the Official Statement will be completed, corrected and revised to reflect the applicable series being sold. The City Council authorizes all such completions, corrections and revisions as deemed necessary by the City Manager. Section 9. Direction to Act. The City Clerk is hereby authorized and directed to attest all signatures and acts of any official of the City in connection with the matters authorized by this Ordinance and to place the seal of the City on any document authorized and approved by this Ordinance. The Mayor, the City Clerk, the City Manager, the Financial Officer, the City Attorney and other employees and officials of the City are hereby authorized and directed to execute and deliver for and on behalf of the City any and all additional certificates, documents and other papers, and to perform all other acts that they may deem necessary or appropriate in order to implement and carry out the transactions and other matters authorized by this Ordinance. The approval hereby given to the various documents referred to above includes an approval of such additional details therein as may be necessary and appropriate for their completion, deletions therefrom and additions thereto as may be approved by the City Manager, in consultation with the City Attorney, prior to the execution of the documents. The execution of any instrument by the appropriate officers of the City herein authorized shall be conclusive evidence of the approval by the City of such instrument in accordance with the terms hereof. The Mayor, the City Clerk, the City Manager, the Financial Officer, the City Attorney and any other employee or official of the City that is authorized or directed to execute any agreement, document, certificate, instrument or other paper in accordance with this Ordinance (collectively, the “Authorized Documents”) are hereby authorized to execute Authorized Documents electronically via facsimile or email signature. Any electronic signature so affixed to any Authorized Document shall carry the full legal force and effect of any original, handwritten signature. This provision is made pursuant to Article 71.3 of Title 24, C.R.S., also known as the Uniform Electronic Transactions Act. The execution of any document or instrument by the appropriate officers of the City herein authorized, whether executed manually or by electronic signature in accordance with Title 24, Article 71.3, C.R.S., shall be conclusive evidence of the approval by the City of such document or instrument in accordance with the terms hereof. Section 10. No General Obligation Debt. No provision of this Ordinance, the Site Lease, the Lease, the Indenture, the Disclosure Certificate, the Notice of Sale, the Preliminary Official Statement, the final Official Statement or the Certificates shall be construed as creating or constituting a general obligation or other indebtedness or multiple fiscal year financial obligation of the City within the meaning of any constitutional, statutory or Charter provision, nor a mandatory charge or requirement against the City in any ensuing fiscal year beyond the then current fiscal year. The City shall have no obligation to make any payment with respect to the Certificates except in connection with the payment of the Base Rentals and certain other payments under the Lease, which payments may be terminated by the City in accordance with the provisions of the Lease. Neither the Lease nor the Certificates shall constitute a mandatory charge or requirement of the City in any ensuing fiscal year beyond the then current fiscal year or constitute or give rise to a general obligation or other indebtedness or multiple fiscal year financial obligation of the City within the meaning of any constitutional, statutory or Charter debt limitation and shall 6.2 Packet Pg. 116 Attachment: Ordinance No. 062, 2022 (11646 : SR 062 COPS) -9- not constitute a multiple fiscal year direct or indirect debt or other financial obligation whatsoever. No provision of the Site Lease, the Lease or the Certificates shall be construed or interpreted as creating an unlawful delegation of governmental powers nor as a donation by or a lending of the credit of the City within the meaning of Sections 1 or 2 of Article XI of the Colorado Constitution. Neither the Lease nor the Certificates shall directly or indirectly obligate the City to make any payments beyond those budgeted and appropriated for the City’s then current fiscal year. Section 11. Reasonableness of Rentals; Fair Market Value. The City Council hereby determines and declares that the Base Rentals due under the Lease, as recalculated to reflect the execution and delivery of the Amendments to Lease and the execution and delivery of the 2022 Certificates, in accordance with the parameters set forth in Section 5 hereof, constitute the fair rental value of the Leased Property, as amended, and do not exceed a reasonable amount so as to place the City under an economic compulsion to renew the Lease or to exercise its option to purchase the Trustee’s leasehold interest in the Leased Property pursuant to the Lease. The City Council hereby determines and declares that the period during which the City has an option to purchase the Trustee’s leasehold interest in the Leased Property (i.e., the entire maximum term of the Lease) does not exceed the useful life of the Leased Property. The City Council hereby further determines that the additional amount of rental payments to be received by the City from the Trustee pursuant to the Amendments to Site Lease, in the minimum amounts set forth in Section 4(a) and 4(b) hereof, together with the rental amount received from the Trustee in connection with the execution and delivery of the Original Site Lease, is reasonable consideration for the leasing of the Leased Property to the Trustee for the term of the Site Lease as provided therein. Section 12. No Recourse against Officers and Agents. Pursuant to §11-57-209 of the Supplemental Act, if a member of the City Council, or any officer or agent of the City acts in good faith, no civil recourse shall be available against such member, officer, or agent for payment of the principal, interest or prior redemption premiums on the Certificates. Such recourse shall not be available either directly or indirectly through the City Council or the City, or otherwise, whether by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise. By the acceptance of the Certificates and as a part of the consideration of their sale or purchase, any person purchasing or selling such Certificate specifically waives any such recourse. Section 13. Repealer. All ordinances, resolutions, bylaws, orders, and other instruments, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance, resolution, bylaw, order, or other instrument, or part thereof, heretofore repealed. Section 14. Severability. If any section, subsection, paragraph, clause or other provision of this Ordinance for any reason is held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause or other provision shall not affect any of the remaining provisions of this Ordinance, the intent being that the same are severable. Section 15. Charter Controls. Pursuant to Article XX of the State Constitution and the Charter, all State statutes that might otherwise apply in connection with the provisions of this Ordinance are hereby superseded to the extent of any inconsistencies or conflicts between the 6.2 Packet Pg. 117 Attachment: Ordinance No. 062, 2022 (11646 : SR 062 COPS) -10- provisions of this Ordinance and the Sale Certificate authorized hereby and such statutes. Any such inconsistency or conflict is intended by the City Council and shall be deemed made pursuant to the authority of Article XX of the State Constitution and the Charter. Introduced, considered favorably on first reading and ordered published this 17th day of May, A.D. 2022, and to be presented for final passage on the 7th day of June, A.D. 2022. ____________________________________ Mayor ATTEST: City Clerk Passed and adopted, without amendment, on final reading this 7th day of June, A.D. 2022. ____________________________________ Mayor ATTEST: City Clerk 6.2 Packet Pg. 118 Attachment: Ordinance No. 062, 2022 (11646 : SR 062 COPS) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY June 7, 2022 City Council STAFF Joanne Cech, Fiscal Recovery Manager Blaine Dunn, Accounting Director SUBJECT Second Reading of Ordinance No. 063, 2022, Making Supplemental Appropriations from a Portion of the City’s American Rescue Plan Act (ARPA) Funding for Local Fiscal Recovery Related to the COVID -19 Pandemic. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 17, 2022, authorizes a mid-cycle appropriation of $4.1M of the Organization’s remaining $19.9M of American Rescue Plan Act (ARPA) Funds to support pandemic recovery efforts. These projects were reviewed and selected by the Recovery Executive Lead Team because they address immediate needs for both community and enterprise r ecovery. These projects align with the City’s Recovery Plan and have also been reviewed by Council Finance Committee. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (PDF) 2. Ordinance No. 063, 2022 (PDF) 7 Packet Pg. 119 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY May 17, 2022 City Council STAFF Joanne Cech, Fiscal Recovery Manager Blaine Dunn, Accounting Director Ted Hewitt, Legal SUBJECT First Reading of Ordinance No. 063, 2022, Making Supplemental Appropriations from a Portion of the City’s American Rescue Plan Act (ARPA) Funding for Local Fiscal Recovery Related to the COVID-19 Pandemic. EXECUTIVE SUMMARY The purpose of this item is to seek a mid-cycle appropriation of $4.1M of the Organization’s remaining $19.9M of American Rescue Plan Act (ARPA) Funds to support pandemic recovery efforts. These projects were reviewed and selected by the Recovery Executive Lead Team because they address immediate needs for both community and enterprise recovery. These projects align with the City’s Recovery Plan and have also been reviewed by Council Finance Committee. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Federal American Rescue Plan Act (ARPA) established $1.9 trillion in COVID-19 relief funding, including $360 billion State and Local Fiscal Recovery Funds (SLFRF) to aid state and local fiscal recovery. $28.1M of SLFRF has been allocated to the City of Fort Collins, directly from the United States Treasury. These funds are designed to provide flexibility so each recipient can meet unique local needs, including support for the communities and businesses hardest hit by the pandemic. The ten high-ranked projects are listed below. A full breakdown of the projects, including brief descriptions, can be found in Attachment 2. PROJECT NAME COST CONTRACTUAL FTE REQUESTED Crisis Communication Plan $130,000 0 0BHeartside Hill $1,100,000 0 Indigenous Community Relations Specialist $313,217 1 Rapid Rehousing $201,000 0 Neighborhood Resilience Projects $40,000 0 Recovery Administration Funding $250,000 3* Capital Project Business Liaison $275,000 1** HR Staff Support $268,000 3 COVID-Related Hybrid Meeting Spaces and Community Wi-Fi $1,300,000 0 Cyber Risk Management $275,000 0 ATTACHMENT 1 COPY7.1 Packet Pg. 120 Attachment: First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (11648 : SR 063 2022 Mid-Cycle ARPA Appropriations) Agenda Item 13 Item # 13 Page 2 *Contractual FTEs already approved, not counted in total Contractual FTEs **Classified position, approved by exception process $4,152,217 5 Some of the proposed projects include requests for contractual FTEs (note that all ARPA-funded FTEs are contractual with the exception of the FTEs for the Mental Health Response Team and one FTE for the Capital Project Business Liaison position, which had been approved as a classified exception hire prior to being funded with ARPA through 2024). The need for the contractual FTEs is due to: • Ongoing impacts of the City’s hiring freeze in 2020-2021 and a high turnover rate, • additional administrative needs for the implementation of recovery programming, • and increased need for engagement and relationship building with the community to provide support and build resilience. Proposed projects tie to a variety of Recovery Outcomes across three of the Recovery Themes identified in the City’s Resilient Recovery Plan. No projects related to Environmental Resilience were brought forward for consideration for mid-cycle appropriation because it is challenging to tie those types of projects to the pandemic as required per federal ARPA spending rules. However environmental-related projects are being put forward to be funded by ARPA in the 2023-24 BFO. A breakdown of which Recovery Themes and Outcomes mid-cycle projects and previously funded ARPA projects tie to can be found in Attachment 3. CITY FINANCIAL IMPACTS This Ordinance will increase the total appropriations in the General Fund by $4,152,217. These funds are coming directly from the City’s portion of the ARPA SLFRF distribution and must meet requirements laid out by the U.S. Treasury Department for eligible uses. All projects have been determined to be eligible uses under the grant rules. ATTACHMENTS 1. Allocations to Date (PDF) 2. 2022 Mid-Cycle Project Breakdown (PDF) 3. Project Ties to Recovery Themes and Outcomes (PDF) 4. Powerpoint Presentation (PDF) COPY7.1 Packet Pg. 121 Attachment: First Reading Agenda Item Summary, May 17, 2022 (w/o attachments) (11648 : SR 063 2022 Mid-Cycle ARPA Appropriations) -1- ORDINANCE NO. 063, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING SUPPLEMENTAL APPROPRIATIONS FROM A PORTION OF THE CITY’S AMERICAN RESCUE PLAN ACT (ARPA) FUNDING FOR LOCAL FISCAL RECOVERY RELATED TO THE COVID-19 PANDEMIC WHEREAS, on March 11, 2021, President Joseph R. Biden signed the American Rescue Plan Act into law (“ARPA”), which established the Coronavirus Local Fiscal Recovery Fund (“CLFRF”) intended to provide support to local governments in responding to the impacts of the Novel Coronavirus 2019 (“COVID-19”) on their communities, residents, and businesses; and WHEREAS, the U.S. Treasury Department has provided regulatory guidance on how ARPA funds may be used, which includes: supporting public health expenditures; addressing negative economic impacts; replacing lost public sector revenue; providing premium pay for essential workers; and investing in water, sewer and broadband infrastructure; and WHEREAS, the City’s allocation of funds from the CLFRF totals $28,118,971, of which the City Council has previously appropriated approximately $8.2 million; and WHEREAS, City staff has identified some current needs consistent with U.S. Treasury Department guidance to include financial support and expenditures for: public health; to address negative economic impacts; to invest in broadband infrastructure; and to replace lost public sector revenue for the provision of government services; and WHEREAS, City staff presented to the City Council Finance Committee on May 5, 2022 proposed new appropriations totaling $4,152,217 from the City’s CLFRF funds to address the identified needs; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of responding to the immediate and short-term community health, social wellbeing, and economic needs arising from the negative impacts of the COVID-19 pandemic; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, to make a supplemental appropriation by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriation, in combination with all previous appropriations for that fiscal year, do not exceed the current estimate of actual and anticipated revenues and all other funds to be received during the fiscal year; and WHEREAS, the Interim 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 and all other funds to be received in this Fund during this fiscal year; and 7.2 Packet Pg. 122 Attachment: Ordinance No. 063, 2022 (11648 : SR 063 2022 Mid-Cycle ARPA Appropriations) -2- WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to designate in the ordinance when appropriating funds for a federal, state or private grant or donation, that such appropriation shall not lapse at the end of the fiscal year in which the appropriation is made, but continue until the earlier of the expiration of the federal, state or private grant or donation or the City’s expenditure of all funds received from such grant or donation; and WHEREAS, the City Council wishes to designate the appropriation herein from ARPA as an appropriation that shall not expire until the earlier of the expiration of the grant or the City’s expenditure of all funds received from such grant. 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 new grant revenue in the General Fund the sum of FOUR MILLION ONE HUNDRED FIFTY-TWO THOUSAND TWO HUNDRED SEVENTEEN DOLLARS ($4,152,217) to be expended in the General Fund for a crisis communication plan, Heartside Hill, Indigenous Community Relations Specialist, Rapid Rehousing, Neighborhood Resilience projects, Recovery Administration funding, Capital Project Business Liaison, Human Resources staff support, COVID-19 related hybrid meeting spaces and Community WiFi and Cyber Risk Management. Section 3. That the appropriation herein from the Federal American Recovery Plan Act (ARPA) is hereby designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation that shall not lapse at the end of this fiscal year but continue until the earlier of the expiration of the grant or the City’s expenditure of all funds received from such grant. 7.2 Packet Pg. 123 Attachment: Ordinance No. 063, 2022 (11648 : SR 063 2022 Mid-Cycle ARPA Appropriations) -3- Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2022, and to be presented for final passage on the 7th day of June, A.D. 2022. ______________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2022. ______________________________ Mayor ATTEST: _______________________________ City Clerk 7.2 Packet Pg. 124 Attachment: Ordinance No. 063, 2022 (11648 : SR 063 2022 Mid-Cycle ARPA Appropriations) Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY June 7, 2022 City Council STAFF Michelle Provaznik, Director, Gardens on Spring Creek Ted Hewitt, Legal SUBJECT First Reading of Ordinance No. 065, 2022, Making a Supplemental Appropriation of Fiscal Recovery Funds from Larimer County to the Cultural Services and Facilities Fund for Paid Interns. EXECUTIVE SUMMARY The purpose of this item is to appropriate unanticipated grant revenue in the Cultural Services and Facilities Fund for paid internships at the Gardens on Spring Creek, Neighborhood Services Department and Volunteer Services Division. This appropriation includes $149,559 of grant revenues awarded on April 1, 2022, by the Larimer County Economic and Workforce Development Department. The Workforce In novation Grant’s funding source is the federal American Rescue Plan Act and will be available until December 31, 2024. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Larimer County Economic and Workforce Development Department received nearly $4 million from the American Rescue Plan to provide services to individuals directly impacted by the effects of the COVID -19 Pandemic. It launched the Workforce Innovation Grant process to distribute t he funds to support training for the unemployed and underemployed during times of substantial unemployment. Paid internship programs fit the criteria for the Workforce Innovation Grant and local governments were eligible to apply. As many City internships are unpaid, The Gardens on Spring Creek partnered with Neighborhood Services and Volunteer Services to create a cohesive intern strategy and program utilizing 42 paid internships over the course of two years. Unpaid internships place additional burden o n students already facing financial hardships in the aftermath of the pandemic. This project was one of nine applications selected to be awarded a grant totaling $149,599, fully funding the program. Funding must be used by December 31, 2024. The Interim City Manager has executed a subrecipient agreement with Larimer County to govern the grant. CITY FINANCIAL IMPACTS The Gardens appropriations in the Cultural Services and Facilities Fund would increase by $149,559 from 2022-2024 and shared with Neighborh ood Services and Volunteer Services per the awarded grant application. There are no matching fund requirements. ATTACHMENTS 1. Larimer County Workforce Grant Application (PDF) 8 Packet Pg. 125 Larimer County Workforce Innovation Grant Application Organization Name (primary applicant) The City of Fort Collins Proposal Title City of Fort Collins Paid Internships Grant Overview Please provide an overview of your proposal. We recommend that you describe your organization, the problem that you are trying to solve, the proposed solution and expected outcomes. The City of Fort Collins aims to provide exceptional service for an exceptional community through its diverse departments including The Gardens on Spring Creek, Neighborhood Services and Volunteer Services. The Gardens on Spring Creek is the botanic garden of Northern Colorado. It is part of the City of Fort Collins’ Cultural Services Department. In addition, The Gardens works closely with two nonprofit partners: the Butterfly Pavilion for operations and the Friends of the Gardens on Spring Creek for capital and operational fundraising. Neighborhood Services is a City of Fort Collins department that promotes healthy, quality neighborhoods through a variety of services and programming, including neighbor mediation services, community building programs, code enforcement, and more. The Gardens and Neighborhood Services work closely with Volunteer Services, a part of the City’s Human Resources Department. Most internships with the City are volunteer-based and therefore fall under Volunteer Services. The Gardens, Neighborhood Services and Volunteer Services departments are working together to create a cohesive intern strategy and program utilizing paid interns. Students across many university departments are encouraged or expected to complete an internship to obtain their degree. As noted in Colorado’s Work-Based Learning Continuum, internships “support career readiness and include extended direct interaction with professionals from industry and the community.” However, internships are often unpaid and require students to pay for the credits needed to complete the internship. This is often a financial burden on students already facing financial hardships, especially in the aftermath of the Covid-19 pandemic. We are seeking funding to expand paid internship opportunities across multiple City of Fort Collins departments: The Gardens on Spring Creek, Neighborhood Services, and Volunteer Services. This grant would allow us to fund up to 42 paid internships over the course of two years. By creating paid opportunities for students to support career readiness, we expect to increase students’ skillsets to better prepare them for quality jobs, while decreasing the financial burden an unpaid internship can cause. Total Amount Requested - Awards are reimbursement only.  Reimbursements will be made monthly upon receipt of valid expense documentation. 1 ATTACHMENT 1 8.1 Packet Pg. 126 Attachment: Larimer County Workforce Grant Application (11575 : Spring Creek Workforce Grant Appropriation) $149,559 Proposal timeframe: Projects can be 12 - 24 months beginning as early as April 1, 2022 and should conclude by June 30, 2024. Approximate star t date:   05-16-2022 Dat e    f ield. Approximate end date:   05-16-2024 Dat e     Organizatio n Details Organization Name (prima ry applicant) The Ci ty o f Fo rt Co lli ns Doing Business As (DBA) if different tha n the organization name. The Ci ty o f Fo rt Co lli ns Ple ase select organization Type from the drop down me nu. Publi c and Private Secto r E mplo yers, E mplo yer Organi zatio n o r Trade Asso ci ati o ns Organization Website www.fcgo v.co m Address 2145 Centre A ve Fo rt C o ll ins , C o l o rado , 80526 Organization Mission E xceptio nal s ervice fo r an excepti o nal co mmuni ty Number of full time employees 2178 Number of part time employee s 71 Approximate Number of volunteers 3935 Prima ry contact for this proposal H annah Kri k o rian Phone Number (970) 481-2482 2 8.1 Packet Pg. 127 Attachment: Larimer County Workforce Grant Application (11575 : Spring Creek Workforce Grant Appropriation) Email hk ri k o rian@fcgo v.co m Organizatio n Overview The responses prov ided in this section are for informational purposes and will not eliminate an organiz ation from consideration.  How long ha s your organization been in busine ss? Mo re than ten years Is your organization a dequately equipped to store a nd protect sensitive information? Yes Does your financial system provide for the control a nd tracking of proposa l expenses? Yes If needed, plea se provide context on any of the organiza tional overview questions a bove. The addres s pro vided abo ve is o f The Gardens o n Spring C reek , the wo rk department l o cation o f the primary co ntact. Ple ase provide your most recent audit report or current year financial statements (balance sheets a nd profit and loss statement). Not sure what to provide? Please contact us at lcewd- gra nt@larimer.org for help. pdf Gardens on Spring Creek 2022 Financials.pdf Ple ase provide any context on your financial report(s).  A ttached is the 2022 financial budget fo r The Gardens o n Spring C reek . If yo u are lo o k ing fo r so mething el se, please let us k no w and we can get that info rmation fo r yo u. The C ity o f Fo rt C o ll ins budgets can be fo und at www.fcgo v.co m/citymanager/budget.php If your organization is submitting more tha n one proposal, which is your top proposal priority? N /A Program Design and Sup p lemental Resp o nses 3 8.1 Packet Pg. 128 Attachment: Larimer County Workforce Grant Application (11575 : Spring Creek Workforce Grant Appropriation) Sub-Applicant: The organiza tion that submits the grant proposal is the lead a pplicant and is responsible for a ll program and financia l gra nt compliance. Lead applicants may provide funds to sub-a pplicants. Please list how you would distribute funds to sub-applicants, including funding a mounts. N /A Describe the unmet need(s) or problem(s) addressed by your proposa l. How does this unmet nee d or problem impact Larimer County?  What evidence do you have to support? One of the reco mmendatio ns in the 2020 Co lo rado Talent Pipel ine Repo rt is to "prio ritize the incorpo ratio n o f a transferable s k ill s trai ni ng curri cul um i nto academi c i ns titutio ns at the seco ndary and po stseco ndary level to i ncrease the mark et val ue o f degrees and credenti als ." Many academic institutio ns inco rpo rate internshi ps into their degree and credenti al req ui rements to achieve thi s. Interns hips are a valuabl e aspect o f a student’s transiti o n fro m the traditio nal cl as sro o m into the wo rk fo rce, but thes e i nternships are o ften uno btainabl e fo r many due to vari o us o bstacles. The N ati o nal Survey o f Co llege Interns hips 2021 Repo rt surveyed 6,407 students who identified o bstacl es preventing them fro m purs ui ng and tak ing an i nternship. Of the surveyed students s o me o f the mo st co mmo n reas o ns fo r no t o btai ning an interns hip were the lack o f k no wledge abo ut ho w to find an internshi p (59.4%), a heavy co urse lo ad (55.9%), cancellatio n due to Co vid-19 (44.2%), lack o f interns hip o ppo rtuniti es (41.3%), havi ng to wo rk a jo b (40.1%), and insufficient pay o ffered (31.6%). Al tho ugh so me o f tho se o bstacl es are o ut o f o ur co ntro l , we can address so me o f them thro ugh o ur pro po sal. A study fro m the N ati o nal Interns hip & Co -o p i ndicated that 64% o f s tudents wo uld have to wo rk a seco nd jo b if they accepted an unpai d i nternship. When a s tudent’s primary res po ns i bi l ity is to thei r s tudies, i t beco mes di ffi cult to j uggle s cho o l, an internship, and a j o b. N ow mo re than ever, the i mpacts o f C o vi d-19 increase the eco no mic pressure o n the s tudent and thei r parents maki ng unpaid internships unrealis tic fo r many. By pro vidi ng paid interns hips, students wil l no t have to choo s e between accepti ng an unpaid internshi p, wo rk i ng a part-time j o b, o r attempti ng to do bo th. We expect that this wi ll allo w learners the o ppo rtunity to partici pate ful ly i n the interns hi p experi ence. A no ther o bstacl e i denti fied i s the lack o f interns hip o ppo rtuniti es . In 2020, Larimer Co unty had 46,541 s tudents enro lled i n higher educatio n i ns titutio ns. Thi s number represents the fal l term enro l l ment at bo th C o l o rado State Uni vers i ty and Fro nt Range Co mmunity Co llege as repo rted by the Col o rado Department o f H igher E ducatio n. This i s a l arge number o f students who are s eek ing mo re o ppo rtuni ties to gain transferable s k il ls. The NSCI 2021 repo rt al so identifi ed students i n Bio lo gical Sciences , A gri culture, and N atural Res o urces havi ng the l arges t l ack o f i nternship o ppo rtunities. The Gardens o n Spri ng Creek, o ne o f the Ci ty o f Fo rt Co llins departments , will intro duce ten new paid internshi p positi o ns i n thi s fi el d thro ugh this grant. Describe how your proposal will improve outcomes for workers and students and/or increa se employer enga gement.  Wha t are the anticipated outcome s and how will you collect, measure, a na lyze and interpret the data for these outcomes? This pro posal wi ll acco mplis h two go als . The first go al is to co nnect l earners wi th q ual i ty j o bs wi thi n the C ity of Fo rt C o ll i ns thro ugh direct interactio n with pro fess i o nal s. The s eco nd go al i s to i ncreas e eq uitabl e acces s by remo ving financial barriers fo r individual s o r ho us eho lds i mpacted by the C o vid-19 pandemic. We wi l l co nnect learners with q uality jo bs thro ugh direct interactio n wi th pro fess io nal s by pro vi ding an increase in interns hip o ppo rtunities and a di vers i ty o f experiences to expl o re career paths within the Ci ty o f Fo rt C o ll ins. We will meas ure this go al by tracki ng the i ncrease in number o f i nternships o ffered and regi strati o n numbers fo r s cheduled career s hado wi ng o ppo rtunities pro vi ded thro ugh o ur internshi p 4 8.1 Packet Pg. 129 Attachment: Larimer County Workforce Grant Application (11575 : Spring Creek Workforce Grant Appropriation) pro gram. Our seco nd go al , to increase eq ui table access by remo ving fi nancial barri ers fo r indivi dual s o r ho useho lds impacted by the Co vi d-19 pandemic, wi ll be achieved by o ffering paid internshi ps . We wi l l measure this o utcome by ask i ng s tudents to self-discl o s e i f they o r thei r famili es have experienced ho useho l d i nco me o r jo b lo ss since March 2020 and/o r were unable to acces s o r co nti nue educatio n o r traini ng becaus e o f C o vid-19. A dditio nally, thro ugh an end o f seas o n survey, we will ask interns a series o f q uesti o ns to determine whether funding impacted thei r abil ity to parti cipate i n their i nternship experience. How does this proposal support upwa rd mobility, wealth generation, economic inclusion and/or educa tional outcomes for underserve d populations or communities?  A study fro m the N ati o nal Interns hip & Co -o p fo und that 74% o f students who s e famil y’s ho useho l d inco me i s l es s than $80,000 per year beli eve earning mo ney i s an i mpo rtant co ns ideratio n when cho o s i ng an i nternshi p. This stati sti c suggests that internshi p sites that do no t pro vide mo netary co mpensatio n o ften favo r students o f higher so cio eco no mic status . U npaid internshi ps exclude large numbers o f l o w- inco me and/o r wo rki ng students fro m parti cipati ng. By creati ng paid interns hip o ppo rtunities, we can el iminate the barrier o f entry that many students fro m unders erved po pul ati o ns o r co mmuniti es wo uld o therwi se face. This, i n turn, s uppo rts more eq uitabl e o ppo rtuniti es fo r upward mo bil ity. How does the proposal support innovative, loca lly driven solutions to respond to community needs? This pro posal is a co llabo ratio n between multipl e departments wi thi n the C i ty o f Fo rt Co lli ns . This will al lo w participants the o ppo rtunity to gain expo sure and explo re di fferent career paths thro ugh different departments acro s s the ci ty. Does your proposal have support from community organizations such as local chambers of commerce, non-profits, busine sses, faith-base d organizations, or other pa rtnerships? If so, please tell us a bout the support. N /A Does your orga niza tion intend to sustain the project after the grant funding e nds? If so please describe. E ach Department will eval uate their internship pro gram to determi ne its effectiveness in meeting the departments needs and tho s e o f the students . Tho se results will determi ne if the department s eek s funding thro ugh the C ity’s budgeti ng pro ces s o r fro m pri vate so urces to co ntinue funding the interns hips. Goals and Objectiv es In the next secti o n pl ease share yo ur pro po sal go al s and o bj ectives fo r achi eving those go als.  Fo r reference: 5 8.1 Packet Pg. 130 Attachment: Larimer County Workforce Grant Application (11575 : Spring Creek Workforce Grant Appropriation) Go als are general guideli nes that expl ain what yo u want to achieve in yo ur co mmunity that are tied to the Workfo rce Inno vatio n Grant fo cus areas. Obj ectives defi ne strategies o r implementati o n steps to attain the i denti fied goals . U nl i ke go al s, o bj ectives are speci fic, measurable, and have a defined co mpl eti o n date. Ple ase share your proposal goal. C o nnect learners with q uality jo bs within the City o f Fo rt C o l l ins thro ugh direct interacti o n wi th pro fes sio nals . First Objective for Goal 1 We wi l l pro vide an increas e i n i nternship o ppo rtuni ties. Second Objective for Goal 1 (optional) We wi l l pro vide a divers ity o f experiences to expl o re career paths wi thi n the Ci ty o f Fo rt Co lli ns. Me asurement(s) of Succe ss By tracki ng the i ncrease in number o f i nternships o ffered and regi strati o n numbers fo r s cheduled career s hado wi ng o ppo rtuni ties pro vided thro ugh o ur interns hi p pro gram. A ll i nterns wil l partici pate in at least two career shado wing o ppo rtuniti es in o ther departments. Number of people or businesses served for goal 1. 42 Associa ted costs to fund the proposal (include cost deta ils in budge t template). $0 Goal S tart and End Date Approximate star t date:   05-16-2022 Dat e    field. Appr oximate end date:   05-16-2024 Date     Ple ase share your proposal goal and indicate objectives and metrics to a ttain the goal. Increase eq ui table access by remo ving fi nancial barri ers fo r i ndivi duals o r ho useho lds impacted by the C o vid-19 pandemic. First Objective for Goal 2 We wi l l remo ve the fi nanci al barri er by paying interns. Me asurement(s) of Succe ss We wi l l ask students to self-dis cl o s e i f they o r thei r families have experienced ho usehol d i nco me o r jo b lo ss s i nce March 2020 and/o r were unabl e to access o r co ntinue educati o n o r training because of the pandemi c. Additional ly, thro ugh an end o f s easo n s urvey, we wi l l ask interns a series o f q ues tio ns to determine whether funding impacted thei r abil ity to parti cipate i n their i nternship experience. Number of people or businesses served 42 Associa ted costs to fund the proposal (include cost deta ils in budge t template). 6 8.1 Packet Pg. 131 Attachment: Larimer County Workforce Grant Application (11575 : Spring Creek Workforce Grant Appropriation) $149,559 Objective Start Date Mo nday, May 16, 2022 Objective End Date Thursday, May 16, 2024 Bud get Info rmation Ple ase provide your project budget. In the project budget column, enter whole numbers only. Do not use dolla r signs, decimals or comma s 0 1 2 3 #E xpens es (E nglis h & E spano l ) Pro j ect Budget (see abo ve fo r fo rmat no tes ) N o tes 1 Pers o nnel/Sal ari es Pers o nal/Salario s 133510 42 internship po si tio ns (refer to page two o f attached budget fo r break do wn) 2 Fringe benefits Benefi cio s co mplementario s 13351 10% o f each sal ary (refer to page two o f attached budget fo r break do wn) 3 Supplies/eq uipment Sumini stro s /eq uipo 2698 Uni fo rms, l apto p (refer to page three o f attached budget fo r break do wn) 4 Subco ntracts Subco ntrato s 5 Li st o ther expenses belo w E numere o tro s gas to s a co ntinuació n 6 7 8 9 1 0 1 1 1 2 1 3 7 8.1 Packet Pg. 132 Attachment: Larimer County Workforce Grant Application (11575 : Spring Creek Workforce Grant Appropriation) 0 1 2 3 1 4 To tal 149559 1 5 1 6 Ple ase share a ny additional budget information. Please refer to the attached budget fo r mo re i nfo rmatio n. Is the re anything else you would like to uploa d (below) or further explain to support your a pplication?  We have attached o ur pro gram budget fo r yo u to lo o k o ver. Please let us k no w if we can supply yo u with any additio nal info rmati o n to cl ari fy o ur pro po sal. Optiona l opportunity to uploa d any supporting informa tion. pdf City of Fort Collins Paid I nternships Program … R equired Sig nature The si gnato ry belo w certifies that, to the best o f hi s/her knowledge and beli ef, the i nfo rmatio n contained in the Larimer C o unty Wo rk fo rce Inno vati o n Grant i ncluding all attachments , is true, accurate and co mpl ete. The s ignato ry belo w has autho rity to make the abo ve attestati o ns and the i ntent and legal autho rizatio n to agree to them o n the o rganizatio n’s behalf. Name H annah Kri k o rian 8 8.1 Packet Pg. 133 Attachment: Larimer County Workforce Grant Application (11575 : Spring Creek Workforce Grant Appropriation) Item Cost Notes Salaries 133,510.00$ 42 internship positions (refer to page 2 for breakdown) Fringe Benefits 13,351.00$ 10% of each salary (refer to page 2 for breakdown) Supplies/Equipment 2,698.00$ Uniforms, laptop (refer to page 3 for breakdown) Total Cost of Proposal:149,559.00$ City of Fort Collins Paid Internships Budget City of Fort Collins Paid Internships Budget 1 8.1 Packet Pg. 134 Attachment: Larimer County Workforce Grant Application (11575 : Spring Creek Workforce Grant Appropriation) Internship Semester # of Interns Hourly Rate Total Hours Salary Benefits Total Salary Total Benefits Total Cost Special Events SUMMER 1 13.00$ 200 2,600.00$ 260.00$ 2,600.00$ 260.00$ 2,860.00$ Education Programs SUMMER 2 13.00$ 280 3,640.00$ 364.00$ 7,280.00$ 728.00$ 8,008.00$ Education Programs FALL 2 13.00$ 280 3,640.00$ 364.00$ 7,280.00$ 728.00$ 8,008.00$ Teen Program Mentor SUMMER 1 13.00$ 240 3,120.00$ 312.00$ 3,120.00$ 312.00$ 3,432.00$ Greenhouse Propagator SUMMER 1 13.00$ 180 2,340.00$ 234.00$ 2,340.00$ 234.00$ 2,574.00$ General Horticulture SUMMER 1 13.00$ 180 2,340.00$ 234.00$ 2,340.00$ 234.00$ 2,574.00$ Curatorial Intern SUMMER 1 13.00$ 150 1,950.00$ 195.00$ 1,950.00$ 195.00$ 2,145.00$ Fruit and Vegetable Gardener SUMMER 1 13.00$ 360 4,680.00$ 468.00$ 4,680.00$ 468.00$ 5,148.00$ Volunteer Coordination SUMMER 1 13.00$ 180 2,340.00$ 234.00$ 2,340.00$ 234.00$ 2,574.00$ Youth Project Coordinator SUMMER 2 13.00$ 180 2,340.00$ 234.00$ 4,680.00$ 468.00$ 5,148.00$ Neighborhood Services SUMMER 2 13.00$ 240 3,120.00$ 312.00$ 6,240.00$ 624.00$ 6,864.00$ Neighborhood Services FALL 2 13.00$ 300 3,900.00$ 390.00$ 7,800.00$ 780.00$ 8,580.00$ 17 52,650.00$ 5,265.00$ 57,915.00$ Internship Semester # of Interns Hourly Rate Total Hours Salary Benefits Total Salary Total Benefits Total Cost Special Events SUMMER 1 13.00$ 200 2,600.00$ 260.00$ 2,600.00$ 260.00$ 2,860.00$ Education Programs SPRING 2 13.00$ 280 3,640.00$ 364.00$ 7,280.00$ 728.00$ 8,008.00$ Education Programs SUMMER 2 13.00$ 280 3,640.00$ 364.00$ 7,280.00$ 728.00$ 8,008.00$ Education Programs FALL 2 13.00$ 280 3,640.00$ 364.00$ 7,280.00$ 728.00$ 8,008.00$ Teen Program Mentor SUMMER 1 13.00$ 240 3,120.00$ 312.00$ 3,120.00$ 312.00$ 3,432.00$ Greenhouse Propagator SPRING 1 13.00$ 225 2,925.00$ 292.50$ 2,925.00$ 292.50$ 3,217.50$ Greenhouse Propagator SUMMER 1 13.00$ 180 2,340.00$ 234.00$ 2,340.00$ 234.00$ 2,574.00$ General Horticulture SUMMER 1 13.00$ 180 2,340.00$ 234.00$ 2,340.00$ 234.00$ 2,574.00$ Curatorial Intern SUMMER 1 13.00$ 150 1,950.00$ 195.00$ 1,950.00$ 195.00$ 2,145.00$ Fruit and Vegetable Gardener SUMMER 1 13.00$ 360 4,680.00$ 468.00$ 4,680.00$ 468.00$ 5,148.00$ Volunteer Coordination SUMMER 1 13.00$ 180 2,340.00$ 234.00$ 2,340.00$ 234.00$ 2,574.00$ Youth Project Coordinator SUMMER 2 13.00$ 180 2,340.00$ 234.00$ 4,680.00$ 468.00$ 5,148.00$ Neighborhood Services SPRING 2 13.00$ 300 3,900.00$ 390.00$ 7,800.00$ 780.00$ 8,580.00$ Neighborhood Services SUMMER 2 13.00$ 240 3,120.00$ 312.00$ 6,240.00$ 624.00$ 6,864.00$ Neighborhood Services FALL 2 13.00$ 300 3,900.00$ 390.00$ 7,800.00$ 780.00$ 8,580.00$ 22 70,655.00$ 7,065.50$ 77,720.50$ Internship Semester # of Interns Hourly Rate Total Hours Salary Benefits Total Salary Total Benefits Total Cost Education Programs SPRING 2 13.00$ 280 3,640.00$ 364.00$ 7,280.00$ 728.00$ 8,008.00$ Greenhouse Propagator SPRING 1 13.00$ 225 2,925.00$ 292.50$ 2,925.00$ 292.50$ 3,217.50$ 3 10,205.00$ 1,020.50$ 11,225.50$ 42 133,510.00$ 13,351.00$ Total Cost:146,861.00$ Spring/Fall (15 weeks) 10 hours/week = 150 13 hours/week = 200 15 hours/week = 225 20 hours/week = 300 40 hours/week = 600 40 hours/week = 480 Volunteer Services City of Fort Collins Department Key 2023 Internship Salaries 2022 Internship Salaries 2024 Internship Salaries Total Internships: The Gardens on Spring Creek Neighborhood Services Summer (12 weeks) 10 hours/week = 120 12.5 hours/week = 150 15 hours/week = 180 20 hours/week = 240 City of Fort Collins Paid Internships Budget 2 8.1 Packet Pg. 135 Attachment: Larimer County Workforce Grant Application (11575 : Spring Creek Workforce Grant Appropriation) Item Quanitity Unit Cost Total Cost Notes Uniform Shirts 80 8.75$ 700.00$ Gardens - Helluva Design Nametags 26 5.00$ 130.00$ Gardens Gloves 26 5.50$ 143.00$ Gardens - ULINE Uniform Shirts 15 15.00$ 225.00$ Neighborhood Services Laptop 1 1,500.00$ 1,500.00$ Neighborhood Services 2,698.00$ Supplies/Equipment Budget Supplies Total: City of Fort Collins Paid Internships Budget 3 8.1 Packet Pg. 136 Attachment: Larimer County Workforce Grant Application (11575 : Spring Creek Workforce Grant Appropriation) -1- ORDINANCE NO. 065, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING A SUPPLEMENTAL APPROPRIATION OF FISCAL RECOVERY FUNDS FROM LARIMER COUNTY TO THE CULTURAL SERVICES AND FACILITIES FUND FOR PAID INTERNS WHEREAS, Larimer County’s Economic and Workforce Development Department (“EWDD”) received nearly $4 million in American Rescue Plan Act (ARPA) funds to assist individuals directly impacted by the effects of the COVID-19 Pandemic; and WHEREAS, the EWDD created the Workforce Innovation Grant process to distribute these ARPA funds to support training for unemployed and underemployed individuals during times of substantial unemployment; and WHEREAS, City staff from the Gardens on Spring Creek partnered with the Neighborhood Services Department and the Volunteer Services Division to create a cohesive intern strategy and program that will fund 42 paid City internships over the course of two years (“the Program”); and WHEREAS, the EWDD selected the Program for funding through the Workforce Innovation Grant process, awarding a grant totaling $149,599, which fully funds the Program; and WHEREAS, the Interim City Manager, on behalf of the City, has executed a subrecipient agreement with Larimer County to govern the grant; and WHEREAS, this appropriation benefits the public health, safety and welfare of the residents of Fort Collins and serves the public purpose of funding a workforce development program; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, to make a supplemental appropriation by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriation, in combination with all previous appropriations for that fiscal year, do not exceed the current estimate of actual and anticipated revenues and all other funds to be received during the fiscal year; and WHEREAS, the Interim City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Cultural Services and Facilities Fund and will not cause the total amount appropriated in the Cultural Services and Facilities Fund to exceed the current estimate of actual and anticipated revenues and all other funds to be received in this Fund during this fiscal year; and WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to designate in the ordinance when appropriating funds for a federal, state or private grant, that such appropriation shall not lapse at the end of the fiscal year in which the appropriation is made, but Packet Pg. 137 -2- continue until the earlier of the expiration of the federal, state or private grant or the City’s expenditure of all funds received from such grant; and WHEREAS, the City Council wishes to designate the appropriation herein from the Fiscal Recovery Funds from Larimer County to the Cultural Services and Facilities Fund for the Program as an appropriation that shall not lapse until the earlier of the expiration of the grant or the City’s expenditure of all funds received from such grant. 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 new revenue or other funds in the Cultural Services and Facilities Fund the sum of ONE HUNDRED FORTY-NINE THOUSAND FIVE HUNDRED FIFTY-NINE DOLLARS ($149,559) to be expended in the Cultural Services and Facilities Fund for the Program. Section 3. That the appropriation herein from the Fiscal Recovery Funds from Larimer County to the Cultural Services and Facilities Fund for the Program is hereby designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation that shall not lapse at the end of this fiscal year but continue until the earlier of the expiration of the grant or the City’s expenditure of all funds received from such grant. Introduced, considered favorably on first reading and ordered published this 7th day of June, A.D. 2022, and to be presented for final passage on the 21st day of June, A.D. 2022. Mayor ATTEST: City Clerk Packet Pg. 138 -3- Passed and adopted on final reading this 21st day of June, A.D. 2022. Mayor ATTEST: City Clerk Packet Pg. 139 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY June 7, 2022 City Council STAFF Brian Hergott, Facilities Project Manager Tracy Ochsner, Assistant Operations Services Director Jill Hueser, Chief Judge Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 066, 2022, Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for the 215 North Mason Street Renovation for Municipal Court and the City Attorney’s Office and Related Art in Public Places. EXECUTIVE SUMMARY The purpose of this item is to request $700,000 in appropriations from General Fund Reserves to address urgent renovation needs on the first floor at 215 North Mason Street. Municipal Court and the City Attorney’s Office are jointly requesting this appropriation. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Municipal Court was moved into its current location at 215 N orth Mason in 2007 when the Justice Center became over-crowded and required the court to vacate the space. This location was available at the time, was empty and could provide a temporary court space with minimal renovations. There have been limited space changes since 2007 to address the most severe safety and security needs, but little to addres s changes in staffing and operations. The City has spent a total of $637,350 over the last 15 years (including initial move -in costs), but court caseloads have continued to grow and programming has expanded over the years. The Court and the City Attorney’s Office (which is responsible for the prosecution function and needs office/work space at Municipal Court) have hired more staff to handle these caseloads and new programs. Municipal Court has submitted BFO offers in the past to address these issues, bu t no funding has been recommended or approved. Staff again plans to submit two new offers in the 2023 -2024 BFO process, requesting funding for a plan that would address projected space needs for Municipal Court and related operations for a 15- or 30-year time horizon. Both options would require more than doubling the current space and will be multimillion dollar projects. While staff continues work on the long -term plan, there are urgently needed modifications to enable the court in the interim to provide a higher standard of public access and service, meet current hearing schedules, and provide appropriate space for the increased staff. As it stands, both the Court and the City Attorney’s Office have staff funded and ready to onboard who do have a workspace, and there is not adequate space for defendants to discuss their cases with prosecutors without their conversations being overheard. Staff continues to address the safety and security needs for employees and the public. In 2021, Clark Enersen completed a thorough study of the Court’s current space and future space needs. They 9 Packet Pg. 140 Agenda Item 9 Item # 9 Page 2 identified the current space size and its limitations and developed both 15-year and 30-year plans addressing standard space requirements for courts. This funding request will address the urgent needs for an interim period while phasing and final plans are approved and can move forward. The planned renovations to be completed with these funds are aligned with the plans from Clark Enersen so that they will be incorporated into the final plan. However, they do not address any renovations to the courtroom. CITY FINANCIAL IMPACTS The $700,000 funding will come from General Fund Reserves. $693,000 will be expensed in the General Fund for the renovation and $7,000 will be transferred to the Cultural Services & Facilities Fund for Art in Public Places. BOARD / COMMISSION RECOMMENDATION This request was presented to Council Finance on May 4, 2022, and the Committee expressed support for bringing this item to Council to request the necessary funding. PUBLIC OUTREACH No specific public outreach was done, but the Courts do receive complaints from the public about the current process and inadequate space to meet with attorneys regarding their cases. ATTACHMENTS 1. Council Finance Committee Minutes (PDF) 2. First Floor Demo Plan (PDF) 3. Floor Plan (PDF) 4. Renovation Cost Estimate (PDF) 9 Packet Pg. 141 Finance Administration 215 N. Mason 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6788 970.221.6782 - fax fcgov.com AGENDA Council Finance & Audit Committee June 2, 2022 4:00 - 6:00 pm Zoom Meeting https://zoom.us/j/8140111859 Approval of Minutes from the May 5, 2022, Council Finance Committee meeting. 1.Capital Projects – Inflationary Impacts (3 projects) 30 mins. B. Buckman M. Martinez 2. Sustainable Funding Update 60 mins. G. Sawyer J. Poznanovic 3. Parks Design Standards Review 30 mins. K. Friesen V. Shaw M. Calhoon Other Memo Attached: 401(a) Restated Adoption Agreements Page 1 of 109 ATTACHMENT 1 9.1 Packet Pg. 142 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent Needs) out, we would be looking for most likely General Fund ongoing in order to ensure the continuity of that program within Police Services. B. Municipal Court Supplemental Appropriation Judge Jill Hueser Brian Hergott, Lead Sr. Facilities Project Manager Ingrid Decker, Sr. Assistant City Attorney Tracy Ochsner, Interim Ops Services Director EXECUTIVE SUMMARY: Municipal Court and the City Attorney’s Office are jointly requesting $700,000.00 in appropriations from General Fund Reserves to address urgent needs at 215 N Mason. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Does Council Finance support the appropriations of funds to address the urgent needs for Municipal Court and the City Attorney’s Office? BACKGROUND/DISCUSSION Municipal Court was moved into its current location at 215 N Mason in 2007 when the Justice Center became over-crowded and required the court to vacate the space. This location was available at the time, was empty and could provide a temporary court space with minimal renovations. There have been minimal space changes since 2007 to address safety and security needs, but little to address growth needs. The City has spent a total of $637,350 over the last 15 years (including initial move-in costs), but court caseloads have continued to grow and expand programming, and the Court and the City Attorney’s Office (which is responsible for the prosecution function and needs office/workspace at Municipal Court) have hired more staff to handle these caseloads. Municipal Court has put in BFO offers in the past to address these issues, but no funding has been awarded. Staff again plans to submit two new offers this year requesting funding for a plan that would address projected needs for a 15- or 30-year time horizon. Both of these options would require more than doubling the current space and will be multimillion dollar projects. While we work through the long-term plan, we need to address some urgent needs so that we can provide a higher standard of public access and service, meet current hearing schedules, and provide appropriate space for the increased staff. As it stands, both the Court and the City Attorney’s Office have staff funded and ready to onboard who do have a workspace, and we do not have adequate space for defendants to discuss their cases with prosecutors without their conversations being overheard. We continue to address the safety and security needs for employees and the public. In 2021 Clark Enersen completed a thorough study of the Court’s current space and future space needs. They identified the current space size and its limitations and developed both 15 year and 30-year plans addressing standard space requirements for courts. The plan we bring before you today will address our urgent needs and get us by for an interim period while phasing and final plans are approved and can move forward. The planned renovations to be completed with these funds are aligned with the plans from Clark Enersen so that they will be incorporated into the final plan. However, they do not address any renovations to the courtroom. Staff is requesting the $700,000.00 in appropriation from General Fund Reserves to address these urgent needs which will allow us to properly serve the community and begin work towards a plan that will fully meet the Court’s needs in the near future. Page 9 of 109 9.1 Packet Pg. 143 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent Needs) GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Does Council Finance support the appropriations of funds to address the urgent needs for Municipal Court and the City Attorney’s Office? DISCUSSION / NEXT STEPS: Emily Francis; I am a yes – Can you share why we were asked to leave the Justice Center? Jill Heuser; In 2007 we were kicked out of the justice center as they were running out of space. We had a courtroom there but they decided they needed it for state court. Emily Francis; have we revisited conversations with them about space recently? Jill Heuser; we have – they have had bond measures fail a couple of times for expansion - they actually kicked out their probation department recently and added 2 new judges in the legislative session last year so they are looking to add another courtroom. Emily Francis; the AIS mentions a 15 year and a 300-year plan – is the long term intention for you to stay in the space you are currently using? Jill Hueser: the 30 year plan requires building an extension on the building – after Ops Services assessment, we have been told we should plan on staying in our current building long term Emily Francis; previous BFO offer wasn’t moved forward? We have needed updates to this building for a long time - wondering what held up the BFO offers Jill Hueser; The BFO lead team asked up to come back with a detailed plan that would meet our needs for a longer period of time - I don’t know what the result was prior to me becoming judge. Kelly Ohlson; I am fine with what is presented Staff was right to say give us your long-term plan – we are not tearing out in four years what we just put in. I prefer the 30-year plan – 15 is still a short time frame Julie Pignataro; I am supportive as well – confirming that the Civic Center Master plan does not include a justice center? Brian Hergott; we are still working through the space planning exercise for the new municipal building - We have come up with a plan where they can stay at 215 Mason Julie Pignataro; I have heard overwhelming support from Council to do what we can to modernize and make the justice center more user friendly. Jill Hueser; I agreed with the BLT Lead Team in let’s do this right the first time. If this is approved, you won’t see us coming back in a few years - I am very confident that if we go forward with one of the plans it will last for the amount of time that we are asking for. Page 10 of 109 9.1 Packet Pg. 144 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent Needs) Finance Administration 215 N. Mason 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6788 970.221.6782 - fax fcgov.com AGENDA Council Finance & Audit Committee May 5, 2022 4:00 – 6:00 pm Zoom Meeting https://zoom.us/j/8140111859 Approval of Minutes from the April 7, Council Finance Committee meeting. 1.Recovery Plan – 2022 Mid-Cycle Appropriation 45 mins. J. Cech B. Dunn 2. Municipal Court Supplemental Appropriation 30 mins. B. Hergott I.Decker T. Ochsner 3. Light & Power Supplemental Appropriation 30 mins.A. Bromley L.Smith Page 1 of 89 9.1 Packet Pg. 145 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent Needs) Council Finance Committee Agenda Planning Calendar 2022 RVSD 04/22/22 ts May 5th 2022 Recovery Plan – 2022 Mid-Cycle Appropriation 45 min J. Cech B. Dunn Municipal Court Supplemental Appropriation 30 min B. Hergott I. Decker T. Ochsner Light & Power Supplemental Appropriation 30 min A. Bromley L. Smith June 2nd 2022 Capital Projects – Inflationary Impacts (3 projects) 30 min B. Buckman M. Martinez Sustainable Funding Update 60 min J. Poznanovic G. Sawyer Parks Design Standards Review 30 min K. Friesen V. Shaw M. Calhoon July 7th 2022 2021 Fund Balance Review 30 min B. Dunn Capital Projects – Inflationary Impact (All projects) D. Lenz S. Freve August 1st 2022 Page 2 of 89 9.1 Packet Pg. 146 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent Needs) COUNCIL FINANCE COMMITTEE AGENDA ITEM SUMMARY Staff: Date: May 5, 2022 SUBJECT FOR DISCUSSION: Municipal Court’s Urgent Needs EXECUTIVE SUMMARY: Municipal Court and the City Attorney’s Office are jointly requesting $700,000.00 in appropriations from General Fund Reserves to address urgent needs at 215 N Mason. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Does Council Finance support the appropriations of funds to address the urgent needs for Municipal Court and the City Attorney’s Office? BACKGROUND/DISCUSSION Municipal Court was moved into its current location at 215 N Mason in 2007 when the Justice Center became over-crowded and required the court to vacate the space. This location was available at the time, was empty and could provide a temporary court space with minimal renovations. There have been minimal space changes since 2007 to address safety and security needs, but little to address growth needs. The City has spent a total of $637,350 over the last 15 years (including initial move-in costs), but court caseloads have continued to grow and expand programming, and the Court and the City Attorney’s Office (which is responsible for the prosecution function and needs office/work space at Municipal Court) have hired more staff to handle these caseloads. Municipal Court has put in BFO offers in the past to address these issues, but no funding has been awarded. Staff again plans to submit two new offers this year requesting funding for a plan that would address projected needs for a 15- or 30-year time horizon. Both of these options would require more than doubling the current space and will be multimillion dollar projects. While we work through the long-term plan, we need to address some urgent needs so that we can provide a higher standard of public access and service, meet current hearing schedules, and provide appropriate space for the increased staff. As it stands, both the Court and the City Attorney’s Office have staff funded and ready to onboard who do have a workspace, and we do not have adequate space for defendants to discuss their cases with prosecutors without their conversations being overheard. We continue to address the safety and security needs for employees and the public. Page 46 of 89 9.1 Packet Pg. 147 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent Needs) In 2021 Clark Enersen completed a thorough study of the Court’s current space and future space needs. They identified the current space size and its limitations, and developed both 15 year and 30 year plans addressing standard space requirements for courts. The plan we bring before you today will address our urgent needs and get us by for an interim period while phasing and final plans are approved and can move forward. The planned renovations to be completed with these funds are aligned with the plans from Clark Enersen so that they will be incorporated into the final plan. However, they do not address any renovations to the courtroom. Staff is requesting the $700,000.00 in appropriation from General Fund Reserves to address these urgent needs which will allow us to properly serve the community and begin work towards a plan that will fully meet the Court’s needs in the near future. ATTACHMENTS: 1. Demo Floor Plan 2. New Floor Plan 3. Current Budget Page 47 of 89 9.1 Packet Pg. 148 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent Needs) PROJECT BUDGET PROJECT:215 N Mason - 1st Flr Muni-Court Urgent Needs Renovation CLIENT:Municipal Courts PHONE: ADDRESS: CONTACT:Patty Netherton FAX: LOCATION:Fort Collins, CO ADDRESS 215 N. Mason EMAIL: COUNTY:Larimer LOCATION:Fort Collins, CO DATE:Updated 4/22/22 PROJECT DESCRIPTION AREA (SF):3,000 DURATION (wk):48 Weeks Estimator:Brian Hergott - Op Services DESIGN:10 WEEKS Permitting 8 WEEKS INDIRECT COST CONSTRUCTION:30 Weeks COST EXTENDED SUBCONTRACTOR / CODE DESCRIPTION EQUIP MATERIAL OTHERST LABOR I&T SUB TOTAL SUPPLIER 01000 Building Permit Fees ($2680 +1410)0 0 0 0 0 4,090 4,090 01000 PFA Permit Fees ($2458)0 0 0 0 0 2,458 2,458 01020 Real Estate 0 0 0 0 0 0 0 01030 Environmental Services (Asbestos Testing)0 0 0 0 0 1,600 1,600 01035 Engineering & Surveying Services 0 0 0 0 0 0 0 01040 Geo-tech Services 0 0 0 0 0 0 0 01050 Material Testing Services 0 0 0 0 0 0 0 01060 Architectural Design Services 0 0 0 0 0 26,000 26,000 01070 PMPD Project Mgt Services (6 Mo X $4,000)0 0 0 0 0 24,000 24,000 01080 Energy Modeling 0 0 0 0 0 0 0 01090 Commissioning Services 0 0 0 0 0 8,000 8,000 02000 IT - data cabling Install 0 0 0 0 0 15,000 15,000 02002 IT - Added Computures, Phones & Install 0 0 0 0 0 8,000 8,000 02003 IT - Infrastructure Upgrades 0 0 0 0 0 10,000 10,000 02005 Security Cameras 0 0 0 0 0 3,000 3,000 02006 FF&E - New Cubicales/Sit-Stand desk 0 0 0 0 0 52,000 52,000 02010 Water Tap Fees 0 0 0 0 0 0 0 02015 Electrical Fees 0 0 0 0 0 0 0 02020 Sanitary Sewer Fee 0 0 0 0 0 0 0 02025 LEED Certification 0 0 0 0 0 0 0 02030 Art in Public Places 0 0 0 0 0 6,400 6,400 10500 Building Signage - Interior 0 0 0 0 0 3,500 3,500 Building Signage - Exterior 0 0 0 0 0 1,000 1,000 08870 Door Access Control 0 0 0 0 0 5,000 5,000 19080 Owner Contingency 10% of Construction 0 0 0 0 0 47,000 47,000 TOTAL INDIRECT COST ……………………………………..0 0 0 0 0 217,048 217,048 DIRECT COST COST EXTENDED SUBCONTRACTOR / CODE DESCRIPTION EQUIP MATERIAL OTHERST LABOR I&T SUB TOTAL SUPPLIER 01000 Contractor General Conditions (6 Mo. X $6,000)0 0 31,680 0 0 0 31,680 01010 Contractor - Supervision 1/2 time (6 Mo x $7,000)0 0 0 21,000 10,500 0 31,500 01010 Field Office Exp. (Use City Space)0 0 0 0 0 0 0 01050 Vehicle & Fuel Exp. (7 Mo x $900) 4,900 0 1,400 0 0 0 6,300 01060 Misc. Const. Expenses (Computer, phone, Etc.)0 0 3,000 0 0 0 3,000 01062 Construction Surveying 0 0 0 0 0 0 0 01841 Environmental (No Asbestos) 0 0 0 0 0 0 0 01841 Dust Partitions for Work Areas 500 800 0 1,500 750 2,000 5,550 01890 Trash Removal (5 Dumpsters X $400)0 0 2,000 1,100 550 0 3,650 01900 General Cleanup (3,000 SF X .5)0 0 0 1,500 750 0 2,250 01910 Final Clean Building 0 0 0 0 0 2,400 2,400 02070 Exterior Site Demolition (New Egress Door)0 0 0 0 0 3,500 3,500 02071 Interior Demolition (Salvage Doors & Frames)500 0 1,000 1,500 750 0 3,750 02072 Interior Demolition (Demo Walls)400 0 1,000 4,500 2,250 0 8,150 02073 Interior Demolition (Ceilings)500 0 600 1,875 938 0 3,913 02074 Interior Demolition (Flooring=3,000 SF)200 0 700 3,000 1,500 0 5,400 02076 Interior Demolition Electrified Windows 200 0 200 1,050 525 0 1,975 02200 Earthwork 0 0 0 0 0 0 0 02200 Errosion Control 0 0 0 0 0 0 0 02200 Utilities (None)0 0 0 0 0 0 0 03300 Footings & Foundations 0 0 0 0 0 0 0 03301 Vapor Barrier 0 0 0 0 0 0 0 03314 CIP Flatwork (Exterior Sidewalk)0 0 0 400 200 1,800 2,400 03251 Concerte Pumping 0 0 0 0 0 0 0 04200 Masonry 0 0 0 0 0 1,800 1,800 05120 Structural Steel 0 300 0 0 0 0 300 05200 Structural Stud Framing 0 0 0 0 0 0 0 05501 Metal Fabrications 0 0 0 0 0 0 0 06100 Misc. Carpentry - Wood blocking 80 350 100 850 425 0 1,805 06400 Finish Carpentry - New Chairrails & Clerk Counter 50 2,100 200 1,875 938 0 5,163 07160 Foundation Damproofing 0 0 0 0 0 0 0 07210 Foundaiton Insulation 0 0 0 0 0 0 0 07211 Batt Insulation (Sound Batt between Rooms)200 1,800 0 750 375 0 3,125 08200 Doors and Frames (8 Doors)100 6,400 1,200 2,400 1,200 0 11,300 08411 Windows/Glass (Clerks)100 1,800 300 1,200 600 0 4,000 08700 Alluminum Door, Frames -Egress Door 0 0 0 0 0 3,800 12,000 08800 Mirrors 0 0 0 0 0 0 0 08850 Door Hardware 400 7,200 500 2,400 1,200 0 11,700 08860 OH Coiling Fire Door 150 1,800 160 960 480 600 4,150 08870 Skylights 0 0 0 0 0 0 0 08880 Glass & Glazing (Clerk Window)25 20 0 450 225 0 720 09200 Metal Stud Framing 0 0 0 0 0 12,900 12,900 09260 Gypsum Drywall Finishes (Includes Patchwork)0 0 0 0 0 18,600 18,600 09511 Acoustical Ceiling 0 0 0 0 0 15,000 15,000 09650 Flooring 0 0 0 0 0 25,000 25,000 09690 Tile 0 0 0 0 0 0 0 09900 Painting/Staining 0 0 0 0 0 12,600 12,600 09901 Sealed Concrete 0 0 0 0 0 0 0 09950 FRP 0 0 0 0 0 0 0 10522 Fire Extinguishers 0 0 0 0 0 600 600 10600 Toilet & Bath Accessories 0 0 0 0 0 0 0 10800 Lockers 0 0 0 0 0 0 0 11500 Window Blinds - 0 0 0 0 0 8,730 8,730 15200 Fire Sprinkler (Add @ Storage Rm)0 0 0 0 0 4,200 4,200 15300 Fire Sprinkler Adjustments 0 0 0 0 0 4,400 4,400 15400 Plumbing (Remove Breakroom Sink)0 0 0 0 0 800 800 15500 HVAC - Mechanical Systems 0 0 0 0 0 46,800 46,800 15510 HVAC - Mechanical Controls 0 0 0 0 0 28,500 28,500 15550 Test & Balance 0 0 0 0 0 1,660 1,660 16000 Electrical 0 0 0 0 0 37,500 37,500 16002 Phone/Data Conduits 0 0 0 0 0 3,000 3,000 16004 Fire Alarm 0 0 0 0 0 4,500 4,500 TOTAL HARD CONSTRUCTION COST …………………………………………………………………………………………………………………3,405 22,570 7,960 27,310 13,655 240,690 412,121 NIGHT/WEEKEND WORK SURCHARGE 4.00%16,485 ESTIMATING AND CONSTRUCTION CONTINGENCY ………………………………………………………………………………………3.00%12,364 SUBCONTRACTOR BONDS………………………………………………………………………………………………………………….0.1%386 PAYMENT AND PERFORMANCE BOND ………………………………………………………………………………………………………..1.00%4,820 CONTRACTORS FEE ………………………………………………………………………………………8.00%35,694 VALUATION FOR BOND:482,000 TOTAL CONTRACTOR PRICE ………………………………………………………………………………………………………………………$481,869 $160.62 Per SF TOTAL PROJECT BUDGET - 2022………………………………………………………………………………………………………………………$698,916.84 $232.97 TOTAL PROJECT BUDGET - 2023 (6% Escalation)………………………………………………………………………………………………………………………$740,851.86 Cost per SF TOTAL PROJECT BUDGET - 2024 (6% Escalation)………………………………………………………………………………………………………………………$785,302.97 TOTAL PROJECT BUDGET - 2025 (6% Escalation)………………………………………………………………………………………………………………………$832,421.14 TOTAL PROJECT BUDGET - 2025 (6% Escalation)………………………………………………………………………………………………………………………$882,366.41 This estimate is for cost if project is to be designed and constructed in 2022, if the project is further out you will need to add a 6% acceleration cost per year. Renovate several areas of the north end of first floor of 215 N Mason for Municipal Court to create more space and better work to serve public. Page 50 of 89 9.1 Packet Pg. 149 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent Needs) Presented by: Municipal Courts Phase I Urgent Needs Request 05-05-22 Jill Hueser Chief Judge -Municipal Court Brian Hergott Lead Sr. Facilities Project Manager Page 51 of 89 9.1 Packet Pg. 150 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent 2Council Finance Meeting Does Council Finance support a joint request for appropriations of funds to address the urgent needs for Municipal Court and the City Attorney’s needs at 215 N. Mason? Page 52 of 89 9.1 Packet Pg. 151 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent 3Council Finance Meeting Municipal Court was moved into its current location at 215 N Mason in 2007 when the Justice Center became over-crowded and required the court to vacate the space. This location was available at the time, was empty and could provide a temporary court space with minimal renovations. There have been minimal space changes since 2007 to address safety and security needs, but little to address growth needs. The City has spent a total of $637,350 over the last 15 years (including initial move-in costs), but court caseloads have continued to grow and expand programming, and the Court and the City Attorney’s Office (which is responsible for the prosecution function and needs office/work space at Municipal Court) have hired more staff to handle these caseloads. Page 53 of 89 9.1 Packet Pg. 152 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent 4Council Finance Meeting Municipal Court has put in BFO offers in the past to address these issues, but no funding has been awarded. Staff again plans to submit two new offers this year requesting funding for a plan that would address projected needs for a 15-or 30- year time horizon. Both of these options would require more than doubling the current space and will be multimillion dollar projects. While we work through the long-term plan, we need to address some urgent needs so that we can provide a higher standard of public access and service, meet current hearing schedules, and provide appropriate space for the increased staff. As it stands, both the Court and the City Attorney’s Office have staff funded and ready to onboard who do have a workspace, and we do not have adequate space for defendants to discuss their cases with prosecutors without their conversations being overheard. We continue to address the safety and security needs for employees and the public. Page 54 of 89 9.1 Packet Pg. 153 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent 5Council Finance Meeting In 2021 Clark Enersen completed a thorough study of the Court’s current space and future space needs. They identified the current space size and its limitations, and developed both 15 year and 30 year plans addressing standard space requirements for courts. The plan we bring before you today will address our urgent needs and get us by for an interim period while phasing and final plans are approved and can move forward. The planned renovations to be completed with these funds are aligned with the plans from Clark Enersen so that they will be incorporated into the final plan. However, they do not address any renovations to the courtroom. Staff is requesting the $700,000.00 in appropriation from General Fund Reserves to address these urgent needs which will allow us to properly serve the community and begin work towards a plan that will fully meet the Court’s needs in the near future. Page 55 of 89 9.1 Packet Pg. 154 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent 6Council Finance Meeting Current Conditions –This looks like the Public main Entrance –Not Courts Page 56 of 89 9.1 Packet Pg. 155 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent 7Council Finance Meeting Current Conditions –This is the Entrance for Municipal Courts on North end Page 57 of 89 9.1 Packet Pg. 156 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent 8Council Finance Meeting Current Conditions -Courtroom with Very Limited Space Page 58 of 89 9.1 Packet Pg. 157 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent 9Council Finance Meeting Current Conditions –Intake Security Processing Page 59 of 89 9.1 Packet Pg. 158 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent 10Council Finance Meeting Current Conditions –Prosecutors Offices –3 sharing this repurposed space Page 60 of 89 9.1 Packet Pg. 159 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent 11Council Finance Meeting Current Conditions –Probation Offices –sharing this repurposed space Page 61 of 89 9.1 Packet Pg. 160 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent 12Council Finance Meeting Current Conditions –Prosecutors Meeting Space (Repurposed from Breakroom) Page 62 of 89 9.1 Packet Pg. 161 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent 13Council Finance Meeting Current Conditions –Clerk Processing Windows with Traffic Arrows for Public Page 63 of 89 9.1 Packet Pg. 162 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent 14Council Finance Meeting Current Conditions –Admin Area at full Capacity Page 64 of 89 9.1 Packet Pg. 163 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent 15Council Finance Meeting Current Conditions –Large Storage Space we could use with Urgent Needs Page 65 of 89 9.1 Packet Pg. 164 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent 16Council Finance Meeting First Floor North –Shows Area to be modified for Urgent Needs Request Page 66 of 89 9.1 Packet Pg. 165 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent 17Council Finance Meeting First Floor North –New Updated floor plan for Urgent Needs Request Page 67 of 89 9.1 Packet Pg. 166 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent 18Council Finance Meeting Is Council Finance supportive of staff’s recommendation of appropriating $700,000 to address some urgent needs for Municipal Court and City Attorney’s space at 215 N Mason? Page 68 of 89 9.1 Packet Pg. 167 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent QUESTIONS? Page 69 of 89 9.1 Packet Pg. 168 Attachment: Council Finance Committee Minutes (11618 : Municipal Court's Urgent PR01 5 4 1 2 3 4 TELECOM 167 OFFICE 166 OFFICE 165 CLERK 1 163 OFFICE 161 CLERK 2 159 BREAK 160 WORK 164 STAIR 155 ELECTRICAL 143 MUNICIPAL COURT 156 INTAKE ROOM 152 OPEN OFFICE 162 LOBBY 168 HALL 148 REMOVE ALL ELECTROCHROMIC WINDOWS, COUNTERTOPS & WALLS. SALVAGE ELECTROCHROMIC WINDOWS 1 & 4, PROTECT, & STORE AT WAREHOUSE. RE-USE WINDOW 3 AT CLERK 4 OFFICE. WAITING 139 MEETING 140 CONFERENCE 133 PROSECUTOR'S OFFICE 145 PROBATION 147STORAGE 271 OFFICE 146 BREAK ROOM 137 CORRIDOR 136 VESTIBULE 144 WATER 186 WOMEN 134 REMOVE ALL WALL PANELS REMOVE SINK, APRON, & COUNTERTOP AT SINK 4' - 0"REMOVE DISHWASHER REMOVE 16" UPPER CABINET REMOVE 30" UPPER CAB.(3)CABS7' - 8"(3) CABS. -MOVE EAST TO BUTT UP TO REMAINING 16" TALL CAB. 16" UPPER TALL CABINET TO REMAIN PROVIDE OPENING FOR NEW 36" WIDE DOOR REMOVE ALL EXISTING FURNITURE PROVIDE OPENINGS FOR NEW 36" WIDE DOORS PROVIDE OPENINGS FOR NEW 36" WIDE DOORS CLERK 3 169 REMOVE ALL FURNITURE AND RE- USE AT RE-LOCATED PROBATION PROVIDE OPENING FOR NEW 36" WIDE DOOR REMOVE DOORS & FRAME RE-MOVE DOOR FOR RE-USE 1 PROJECT DATE DRAWN PRINTED FILE NAME: 2/17/2022 10:14:35 AM0000-Project-SD.rvtURGENT NEEDS 1st Floor Municipal Courts Demolition - Author 10.06.21 MC04DSPACE PLANS215 North MasonNO ISSUE DATE N 01 - MC - Urgent Needs Demolition 01 ATTACHMENT 2 9.2 Packet Pg. 169 Attachment: First Floor Demo Plan (11618 : Municipal Court's Urgent Needs) ATTACHMENT 39.3Packet Pg. 170Attachment: Floor Plan (11618 : Municipal Court's Urgent Needs) PROJECT BUDGET PROJECT:215 N Mason - 1st Flr Muni-Court Urgent Needs Renovation CLIENT:Municipal Courts PHONE: ADDRESS: CONTACT:Patty Netherton FAX: LOCATION:Fort Collins, CO ADDRESS 215 N. Mason EMAIL: COUNTY:Larimer LOCATION:Fort Collins, CO DATE:Updated 4/22/22 PROJECT DESCRIPTION AREA (SF):3,000 DURATION (wk):48 Weeks Estimator:Brian Hergott - Op Services DESIGN:10 WEEKS Permitting 8 WEEKS INDIRECT COST CONSTRUCTION:30 Weeks COST EXTENDED SUBCONTRACTOR / CODE DESCRIPTION EQUIP MATERIAL OTHERST LABOR I&T SUB TOTAL SUPPLIER 01000 Building Permit Fees ($2680 +1410)0 0 0 0 0 4,090 4,090 01000 PFA Permit Fees ($2458)0 0 0 0 0 2,458 2,458 01020 Real Estate 0 0 0 0 0 0 0 01030 Environmental Services (Asbestos Testing)0 0 0 0 0 1,600 1,600 01035 Engineering & Surveying Services 0 0 0 0 0 0 0 01040 Geo-tech Services 0 0 0 0 0 0 0 01050 Material Testing Services 0 0 0 0 0 0 0 01060 Architectural Design Services 0 0 0 0 0 26,000 26,000 01070 PMPD Project Mgt Services (6 Mo X $4,000)0 0 0 0 0 24,000 24,000 01080 Energy Modeling 0 0 0 0 0 0 0 01090 Commissioning Services 0 0 0 0 0 8,000 8,000 02000 IT - data cabling Install 0 0 0 0 0 15,000 15,000 02002 IT - Added Computures, Phones & Install 0 0 0 0 0 8,000 8,000 02003 IT - Infrastructure Upgrades 0 0 0 0 0 10,000 10,000 02005 Security Cameras 0 0 0 0 0 3,000 3,000 02006 FF&E - New Cubicales/Sit-Stand desk 0 0 0 0 0 52,000 52,000 02010 Water Tap Fees 0 0 0 0 0 0 0 02015 Electrical Fees 0 0 0 0 0 0 0 02020 Sanitary Sewer Fee 0 0 0 0 0 0 0 02025 LEED Certification 0 0 0 0 0 0 0 02030 Art in Public Places 0 0 0 0 0 6,400 6,400 10500 Building Signage - Interior 0 0 0 0 0 3,500 3,500 Building Signage - Exterior 0 0 0 0 0 1,000 1,000 08870 Door Access Control 0 0 0 0 0 5,000 5,000 19080 Owner Contingency 10% of Construction 0 0 0 0 0 47,000 47,000 TOTAL INDIRECT COST ……………………………………..0 0 0 0 0 217,048 217,048 DIRECT COST COST EXTENDED SUBCONTRACTOR / CODE DESCRIPTION EQUIP MATERIAL OTHERST LABOR I&T SUB TOTAL SUPPLIER 01000 Contractor General Conditions (6 Mo. X $6,000)0 0 31,680 0 0 0 31,680 01010 Contractor - Supervision 1/2 time (6 Mo x $7,000)0 0 0 21,000 10,500 0 31,500 01010 Field Office Exp. (Use City Space)0 0 0 0 0 0 0 01050 Vehicle & Fuel Exp. (7 Mo x $900) 4,900 0 1,400 0 0 0 6,300 01060 Misc. Const. Expenses (Computer, phone, Etc.)0 0 3,000 0 0 0 3,000 01062 Construction Surveying 0 0 0 0 0 0 0 01841 Environmental (No Asbestos) 0 0 0 0 0 0 0 01841 Dust Partitions for Work Areas 500 800 0 1,500 750 2,000 5,550 01890 Trash Removal (5 Dumpsters X $400)0 0 2,000 1,100 550 0 3,650 01900 General Cleanup (3,000 SF X .5)0 0 0 1,500 750 0 2,250 01910 Final Clean Building 0 0 0 0 0 2,400 2,400 02070 Exterior Site Demolition (New Egress Door)0 0 0 0 0 3,500 3,500 02071 Interior Demolition (Salvage Doors & Frames)500 0 1,000 1,500 750 0 3,750 02072 Interior Demolition (Demo Walls)400 0 1,000 4,500 2,250 0 8,150 02073 Interior Demolition (Ceilings)500 0 600 1,875 938 0 3,913 02074 Interior Demolition (Flooring=3,000 SF)200 0 700 3,000 1,500 0 5,400 02076 Interior Demolition Electrified Windows 200 0 200 1,050 525 0 1,975 02200 Earthwork 0 0 0 0 0 0 0 02200 Errosion Control 0 0 0 0 0 0 0 02200 Utilities (None)0 0 0 0 0 0 0 03300 Footings & Foundations 0 0 0 0 0 0 0 03301 Vapor Barrier 0 0 0 0 0 0 0 03314 CIP Flatwork (Exterior Sidewalk)0 0 0 400 200 1,800 2,400 03251 Concerte Pumping 0 0 0 0 0 0 0 04200 Masonry 0 0 0 0 0 1,800 1,800 05120 Structural Steel 0 300 0 0 0 0 300 05200 Structural Stud Framing 0 0 0 0 0 0 0 05501 Metal Fabrications 0 0 0 0 0 0 0 06100 Misc. Carpentry - Wood blocking 80 350 100 850 425 0 1,805 06400 Finish Carpentry - New Chairrails & Clerk Counter 50 2,100 200 1,875 938 0 5,163 07160 Foundation Damproofing 0 0 0 0 0 0 0 07210 Foundaiton Insulation 0 0 0 0 0 0 0 07211 Batt Insulation (Sound Batt between Rooms)200 1,800 0 750 375 0 3,125 08200 Doors and Frames (8 Doors)100 6,400 1,200 2,400 1,200 0 11,300 08411 Windows/Glass (Clerks)100 1,800 300 1,200 600 0 4,000 08700 Alluminum Door, Frames -Egress Door 0 0 0 0 0 3,800 12,000 08800 Mirrors 0 0 0 0 0 0 0 08850 Door Hardware 400 7,200 500 2,400 1,200 0 11,700 08860 OH Coiling Fire Door 150 1,800 160 960 480 600 4,150 08870 Skylights 0 0 0 0 0 0 0 08880 Glass & Glazing (Clerk Window)25 20 0 450 225 0 720 09200 Metal Stud Framing 0 0 0 0 0 12,900 12,900 09260 Gypsum Drywall Finishes (Includes Patchwork)0 0 0 0 0 18,600 18,600 09511 Acoustical Ceiling 0 0 0 0 0 15,000 15,000 09650 Flooring 0 0 0 0 0 25,000 25,000 09690 Tile 0 0 0 0 0 0 0 09900 Painting/Staining 0 0 0 0 0 12,600 12,600 09901 Sealed Concrete 0 0 0 0 0 0 0 09950 FRP 0 0 0 0 0 0 0 10522 Fire Extinguishers 0 0 0 0 0 600 600 10600 Toilet & Bath Accessories 0 0 0 0 0 0 0 10800 Lockers 0 0 0 0 0 0 0 11500 Window Blinds - 0 0 0 0 0 8,730 8,730 15200 Fire Sprinkler (Add @ Storage Rm)0 0 0 0 0 4,200 4,200 15300 Fire Sprinkler Adjustments 0 0 0 0 0 4,400 4,400 15400 Plumbing (Remove Breakroom Sink)0 0 0 0 0 800 800 15500 HVAC - Mechanical Systems 0 0 0 0 0 46,800 46,800 15510 HVAC - Mechanical Controls 0 0 0 0 0 28,500 28,500 15550 Test & Balance 0 0 0 0 0 1,660 1,660 16000 Electrical 0 0 0 0 0 37,500 37,500 16002 Phone/Data Conduits 0 0 0 0 0 3,000 3,000 16004 Fire Alarm 0 0 0 0 0 4,500 4,500 TOTAL HARD CONSTRUCTION COST …………………………………………………………………………………………………………………3,405 22,570 7,960 27,310 13,655 240,690 412,121 NIGHT/WEEKEND WORK SURCHARGE 4.00%16,485 ESTIMATING AND CONSTRUCTION CONTINGENCY ………………………………………………………………………………………3.00%12,364 SUBCONTRACTOR BONDS………………………………………………………………………………………………………………….0.1%386 PAYMENT AND PERFORMANCE BOND ………………………………………………………………………………………………………..1.00%4,820 CONTRACTORS FEE ………………………………………………………………………………………8.00%35,694 VALUATION FOR BOND:482,000 TOTAL CONTRACTOR PRICE ………………………………………………………………………………………………………………………$481,869 $160.62 Per SF TOTAL PROJECT BUDGET - 2022………………………………………………………………………………………………………………………$698,916.84 $232.97 TOTAL PROJECT BUDGET - 2023 (6% Escalation)………………………………………………………………………………………………………………………$740,851.86 Cost per SF TOTAL PROJECT BUDGET - 2024 (6% Escalation)………………………………………………………………………………………………………………………$785,302.97 TOTAL PROJECT BUDGET - 2025 (6% Escalation)………………………………………………………………………………………………………………………$832,421.14 TOTAL PROJECT BUDGET - 2025 (6% Escalation)………………………………………………………………………………………………………………………$882,366.41 This estimate is for cost if project is to be designed and constructed in 2022, if the project is further out you will need to add a 6% acceleration cost per year. Renovate several areas of the north end of first floor of 215 N Mason for Municipal Court to create more space and better work to serve public. ATTACHMENT 4 9.4 Packet Pg. 171 Attachment: Renovation Cost Estimate (11618 : Municipal Court's Urgent Needs) -1- ORDINANCE NO. 066, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE 215 NORTH MASON STREET RENOVATION FOR MUNICIPAL COURT AND THE CITY ATTORNEY’S OFFICE AND RELATED ART IN PUBLIC PLACES WHEREAS, Fort Collins Municipal Court moved into its current location on the first floor of the City’s office building at 215 North Mason Street in 2007 when the space the Court formerly occupied in the Justice Center at 201 LaPorte Avenue was needed for use by the Colorado Judicial Department; WHEREAS, since 2007, minimal improvements to the space have been made to address the most significant safety and security needs, but little has been done to space needs due to increased caseloads, changes in staffing and operations and expanded programming; and WHEREAS, work has been underway to thoroughly study the Court’s current space and future space needs and the staff and consultant team has developed a 15-year and a 30-year preliminary plan addressing standard space requirements for the Court and other needs for Court- related programs and functions and for the City’s Attorney’s Office municipal prosecutors; and WHEREAS, funding for longer-term improvements for Municipal Court and related functions will be considered as part of the 2023-2024 Budgeting for Outcomes (“BFO”) process; and WHEREAS, while next steps on a long-term plan for Court improvements continue, it is necessary to address urgent needs so that the Court and the municipal prosecutors can provide a higher standard of public access and service, meet current hearing schedules, provide appropriate space for increased staff, provide adequate space for defendants to discuss their cases with prosecutors in private, and address safety and security needs for employees and the public; and WHEREAS, this appropriation will address the urgent needs for an interim period while phasing and final plans are approved; and WHEREAS, the planned renovations to be completed with these funds (the “Project”) are aligned with the plans that have been developed, so they will be in furtherance of and incorporated into the final plan; and WHEREAS, this appropriation benefits the public health, safety and welfare of the residents of Fort Collins and serves the public purpose of providing adequate space and security needs for employees and the public; and WHEREAS, this Project involves construction estimated to cost more than $250,000 and, as such, City Code Section 23-304 requires one percent of these appropriations to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places program (“APP Program”); and Packet Pg. 172 -2- WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the recommendation of the City Manager, to make supplemental appropriations 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 Interim City Manager has recommended the appropriations described herein and determined that these appropriations are 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 and all other funds to be received in these funds during this fiscal year; and WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council, upon recommendation by the City Manager, to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged, the purpose for which the funds were initially appropriated no longer exists, or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and WHEREAS, the Interim City Manager has recommended the transfer of $7,000 from the General Fund to the Cultural Services & Facilities Fund and determined that the purpose for which the transferred funds are to be expended remains unchanged; and WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to designate in the ordinance when appropriating funds for a capital project that such appropriation shall not lapse at the end of the fiscal year in which the appropriation is made but continue until the completion of the capital project; and WHEREAS, the City Council wishes to designate the appropriation herein for the renovation at 215 North Mason for Municipal Court and the City Attorney’s Office as an appropriation that shall not lapse until the completion of the project. 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. 173 -3- Section 2. That there is hereby appropriated from prior year reserves in the General Fund the sum of SEVEN HUNDRED THOUSAND DOLLARS ($700,000) to be expended in the General Fund for the renovation at 215 North Mason for Municipal Court and the City Attorney’s Office. Section 3. That the unexpended and unencumbered appropriated amount of FIVE THOUSAND FOUR HUNDRED SIXTY DOLLARS (5,460) in the General Fund is hereby authorized for transfer to the Cultural Services and Facilities Fund and appropriated and expended therein to fund art projects under the APP Program. Section 4. That the unexpended and unencumbered appropriated amount of ONE THOUSAND FOUR HUNDRED DOLLARS ($1,400) in the General Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated and expended therein for the operation costs of the APP Program. Section 5. That the unexpended and unencumbered appropriated amount of ONE HUNDRED FORTY DOLLARS ($140) in the General Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated and expended therein for the maintenance costs of the APP Program. Section 6. That the appropriation herein for the renovation at 215 North Mason for Municipal Court and the City Attorney’s Office is hereby designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation that shall not lapse at the end of this fiscal year but continue until the completion of the project. Introduced, considered favorably on first reading and ordered published this 7th day of June, A.D. 2022, and to be presented for final passage on the 21st day of June, A.D. 2022. Mayor ATTEST: City Clerk Packet Pg. 174 -4- Passed and adopted on final reading this 21st day of June, A.D. 2022. Mayor ATTEST: City Clerk Packet Pg. 175 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY June 7, 2022 City Council STAFF Maren Bzdek, Historic Preservation Planner Claire Havelda, Legal SUBJECT First Reading of Ordinance No. 067, 2022, Making Supplemental Appropriation and Authorizing Transfers fr om the General Fund of the State Historical Fund Grant to Produce a Historic Context Report of Civil Rights in Fort Collins. EXECUTIVE SUMMARY The purpose of this item is to appropriate $86,600 in grant funding received from the State Historical Fund, awarded by History Colorado on March 7, 2022, and $7,530 in required matching funds from the 2022 Historic Preservation Division survey grants budget to produce a history of civil rights in Fort Collins, a preliminary list of associated, significant properties for planning purposes, and a prioritized list of related future projects. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION This project prepares a context report on the history of civil rights activities in Fort Collins. This thematic context will outline the specific movements in support of civil rights of underrepresented groups and provide an intersectional understanding of how they relate to each other and to the broader history of the com munity. The project will also identify related historic resources that warrant future intensive -level surveys to determine their relative importance to Fort Collins' history. That list will form the basis for educational tours and other opportunities, including landmark designation. A list of related future projects that will serve the goal recognizing the stories of historically excluded groups in Fort Collins will also be included for planning purposes. This project directly implements portions of the City Strategic Plan by promoting the Equity, Inclusion and Diversity goals, “of cultivating a safe and welcoming community focusing on equitable engagement, outcomes and service delivery for all, leading with race.” CITY FINANCIAL IMPACTS This Ordinance will appropriate a total of $94,130 in the General Fund to prepare a historic context report on the history of civil rights in Fort Collins. These funds include $86,600 in grant funds awarded on March 7, 2022 , from the State Historical Fund of History Colorado, and $7,530 from the survey grants matching funds line in the Historic Preservation Division's 2022 Budget in the General Fund. Because the project includes a final phase of prioritized recommendations from consultants and community members, it will pro vide a tool for targeting meaningful future offshoot projects that will allow the City to maximize any further investment of funds. 10 Packet Pg. 176 Agenda Item 10 Item # 10 Page 2 PUBLIC OUTREACH Grant application preparation in 2020 and 2021 included outreach to targeted stakeholder community groups and individuals (BIack, Latinx, LGBTQIA, Jewish, AAPI, and Women's groups) to gauge interest in the project, gather support for the application, and begin assembling a formal community stakeholder advisory committee. Ten individuals have agreed to serve on the committee and act as community connectors for the project to date, and a committee of research support advisors from Colorado State University, History Colorado, FCMOD, and other entities is also on board for the project. ATTACHMENTS 1. Grant Award Letter (PDF) 10 Packet Pg. 177 Page 1 of 10 Version 8.10.2021 GRANT AWARD LETTER COVER PAGE INTERGOVERNMENTAL SUMMARY OF GRANT AWARD TERMS AND CONDITIONS State Agency Department of Higher Education, History Colorado, the Colorado Historical Society SHF Grant Number 2022-01-066 Grantee City of Fort Collins Grant Issuance Date Maximum Grant Amount $86,600.00 Maximum Grant Percentage 92.00% Grant End Date Cash Match Amount $7,530.00 Cash Match Percentage 8.00% Encumbrance: POGG1 2022*2 Agreement Authority Authority exists under the State Constitution article XVIII, §9(5)(b)(III) and CRS §44-30-1201 for the annual distribution of monies from the State Historical Fund (SHF). Grant Purpose The purpose of this project is to develop a historic context on civil rights movements of historically excluded groups in Fort Collins, Colorado Exhibits and Order of Precedence The following Exhibits and attachments are included with this Agreement: 1. Exhibit A, Scope of Work 2. Exhibit B, Budget 3. Exhibit C, Submittals & Deliverables 4. Exhibit D, SHF Provisions 5. Attachment 1, SHF Payment Request & Financial Report form In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1. The provisions of the other sections of the main body of this Agreement. 2. Exhibit A, Scope of Work 3. Exhibit B, Budget 4. Exhibit C, Submittals & Deliverables 5. Exhibit D, SHF Provisions Modifications        3/7/2024 3/7/2022 ATTACHMENT 1 10.1 Packet Pg. 178 Attachment: Grant Award Letter (11626 : Civil Rights Context Report) Page 2 of 10 Version 8.10.2021 SIGNATURE PAGE THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT STATE OF COLORADO Jared S. Polis, Governor History Colorado Dawn DiPrince, Executive Director or Designee ______________________________________________ By: Dawn DiPrince, Executive Director or Designee Date: _________________________ In accordance with §24-30-202 C.R.S., this Grant is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD History Colorado Breanne Nugent, Contracts Officer ______________________________________________ By: Breanne Nugent or Designee Date: _________________________        3/4/2022 3/7/2022 10.1 Packet Pg. 179 Attachment: Grant Award Letter (11626 : Civil Rights Context Report) Page 3 of 10 Version 8.10.2021 1. GRANT As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award Letter (the “State”) hereby obligates and awards to Grantee shown on the first page of this Grant Award Letter (the “Grantee”) an award of Grant Funds in the amounts shown on the first page of this Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter, Grantee agrees to comply with the terms and conditions of this Grant Award Letter and requirements and provisions of all Exhibits to this Grant Award Letter. 2. TERM A. Initial Grant Term and Extension The Parties’ respective performances under this Grant Award Letter shall commence on the Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner terminated or further extended in accordance with the terms of this Grant Award Letter. Upon request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award Letter by providing Grantee with an updated Grant Award Letter showing the new Grant Expiration Date. B. Early Termination in the Public Interest The State is entering into this Grant Award Letter to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award Letter ceases to further the public interest of the State or if State, Federal or other funds used for this Grant Award Letter are not appropriated, or otherwise become unavailable to fund this Grant Award Letter, the State, in its discretion, may terminate this Grant Award Letter in whole or in part by providing written notice to Grantee that includes, to the extent practicable, the public interest justification for the termination. If the State terminates this Grant Award Letter in the public interest, the State shall pay Grantee an amount equal to the percentage of the total reimbursement payable under this Grant Award Letter that corresponds to the percentage of Work satisfactorily completed, as determined by the State, less payments previously made. Additionally, the State, in its discretion, may reimburse Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed under this Grant Award Letter that are incurred by Grantee and are directly attributable to the uncompleted portion of Grantee’s obligations, provided that the sum of any and all reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This subsection shall not apply to a termination of this Grant Award Letter by the State for breach by Grantee. 3. DEFINITIONS The following terms shall be construed and interpreted as follows: A. “Budget” means the budget for the Work described in Exhibit B. B. “Business Day” means any day in which the State is open and conducting business, but shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24- 11-101(1), C.R.S. C. “CORA” means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S. D. “Grant Award Letter” means this letter which offers Grant Funds to Grantee, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future updates thereto. E. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Grant Award Letter.        10.1 Packet Pg. 180 Attachment: Grant Award Letter (11626 : Civil Rights Context Report) Page 4 of 10 Version 8.10.2021 F. “Grant Expiration Date” means the Grant Expiration Date shown on the first page of this Grant Award Letter. G. “Grant Issuance Date” means the Grant Issuance Date shown on the first page of this Grant Award Letter. H. “Exhibits” exhibits and attachments included with this Grant as shown on the first page of this Grant I. “Extension Term” means the period of time by which the Grant Expiration Date is extended by the State through delivery of an updated Grant Award Letter J. “Goods” means any movable material acquired, produced, or delivered by Grantee as set forth in this Grant Award Letter and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Services. K. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access or disclosure of State Confidential Information or of the unauthorized modification, disruption, or destruction of any State Records. L. “Initial Term” means the time period between the Grant Issuance Date and the Grant Expiration Date. M. “Matching Funds” means the funds provided Grantee as a match required to receive the Grant Funds. N. “Party” means the State or Grantee, and “Parties” means both the State and Grantee. O. “PII” means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name, social security number, date and place of birth, mother’s maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. PII includes, but is not limited to, all information defined as personally identifiable information in §§24-72-501 and 24-73-101, C.R.S. P. “Services” means the services to be performed by Grantee as set forth in this Grant Award Letter, and shall include any services to be rendered by Grantee in connection with the Goods. Q. “State Confidential Information” means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to, PII, and State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Contractor which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Contractor without restrictions at the time of its disclosure to Contractor; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Contractor to the State; (iv) is disclosed to Contractor, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information. R. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a), C.R.S. S. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. T. “State Records” means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA.        10.1 Packet Pg. 181 Attachment: Grant Award Letter (11626 : Civil Rights Context Report) Page 5 of 10 Version 8.10.2021 U. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of the Work. “Subcontractor” also includes sub-grantees. V. “Work” means the delivery of the Goods and performance of the Services described in this Grant Award Letter. W. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work Product” does not include any material that was developed prior to the Grant Issuance Date that is used, without modification, in the performance of the Work. Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 4. STATEMENT OF WORK Grantee shall complete the Work as described in this Grant Award Letter and in accordance with the provisions of Exhibit A. The State shall have no liability to compensate or reimburse Grantee for the delivery of any goods or the performance of any services that are not specifically set forth in this Grant Award Letter. 5. PROPERTY N/A 6. PAYMENTS TO GRANTEE A. Maximum Amount Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Grantee any amount under this Grant that exceeds the Grant Amount for each State Fiscal Year shown on the first page of this Grant Award Letter. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. The State shall not be liable to pay or reimburse Grantee for any Work performed or expense incurred before the Grant Issuance Date or after the Grant Expiration Date; provided, however, that Work performed and expenses incurred by Grantee before the Grant Issuance Date that are chargeable to an active Federal Award may be submitted for reimbursement as permitted by the terms of the Federal Award. B. Matching Funds Grantee shall provide the Cash Match Amount shown on the first page of this Grant Award Letter and described in Exhibit B (the “Cash Match Amount”). Grantee shall appropriate and allocate all Cash Match Amounts to the purpose of this Grant Award Letter each fiscal year prior to accepting any Grant Funds for that fiscal year. Grantee does not by accepting this Grant Award Letter irrevocably pledge present cash reserves for payments in future fiscal years, and this Grant Award Letter is not intended to create a multiple-fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Grantee’s laws or policies. C. Reimbursement of Grantee Costs The State shall reimburse Grantee’s allowable costs, not exceeding the maximum total amount described in this Grant Award Letter for all allowable costs described in this Grant Award Letter and shown in the Budget, except that Grantee may adjust the amounts between each line item of the Budget without formal modification to this Agreement as long as the Grantee provides notice to the State of the change, the change does not modify the total maximum amount of this Grant Award        10.1 Packet Pg. 182 Attachment: Grant Award Letter (11626 : Civil Rights Context Report) Page 6 of 10 Version 8.10.2021 Letter or the maximum amount for any state fiscal year, and the change does not modify any requirements of the Work. The State shall only reimburse allowable costs if those costs are: (i) reasonable and necessary to accomplish the Work and for the Goods and Services provided; and (ii) equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by Grantee that reduce the cost actually incurred). D. Payments i. Payment Requests and Financial Reporting a. The State shall pay Grantee in the amounts and in accordance with the schedule and other conditions set forth in Exhibit C. b. Grantee shall initiate payment requests using Attachment 1 submitted to the State in a form and manner approved by the State. c. The acceptance of an invoice shall not constitute acceptance of any Work performed or deliverables provided under this Agreement. ii. Payment Disputes If Grantee disputes any calculation, determination or amount of any payment, Grantee shall notify the State in writing of its dispute within 30 days following the earlier to occur of Grantee’s receipt of the payment or notification of the determination or calculation of the payment by the State. The State will review the information presented by Grantee and may make changes to its determination based on this review. No payment subject to a dispute under this subsection shall be due until after the State has concluded its review. E. Close-Out Grantee shall close out this Grant within 30 days after the Grant Expiration Date. To complete close out, Grantee shall submit to the State all deliverables (including documentation) as defined in this Grant Award Letter and Grantee’s final reimbursement request or invoice. The State will withhold 10% of grant award amount until all final documentation has been submitted and accepted by the State as substantially complete. 7. REPORTING - NOTIFICATION A. Performance and Final Status Grantee shall submit all financial, performance and other reports to the State no later than the end of the close out described in §6.E, containing an evaluation and review of Grantee’s performance and the final status of Grantee’s obligations hereunder. B. Violations Reporting Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Award. The State may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment. 8. GRANTEE RECORDS A. Maintenance and Inspection Grantee shall make, keep, and maintain, all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to this Grant for a period of three years following the completion of the close out of this Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe all such records during normal business hours at Grantee’s office or place of business, unless the State determines that an audit or inspection is required without notice at a different time to protect the interests of the State.        10.1 Packet Pg. 183 Attachment: Grant Award Letter (11626 : Civil Rights Context Report) Page 7 of 10 Version 8.10.2021 B. Monitoring The State will monitor Grantee’s performance of its obligations under this Grant Award Letter using procedures as determined by the State. The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The State shall monitor Grantee’s performance in a manner that does not unduly interfere with Grantee’s performance of the Work. C. Final Audit Report Grantee shall promptly submit to the State a copy of any final audit report of an audit performed on Grantee’s records that relates to or affects this Grant or the Work, whether the audit is conducted by Grantee or a third party. 9. CONFIDENTIAL INFORMATION-STATE RECORDS A. Confidentiality Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and all State Records that the State provides or makes available to Grantee for the sole and exclusive benefit of the State, unless those State Records are otherwise publically available at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall not, without prior written approval of the State, use for Grantee’s own benefit, publish, copy, or otherwise disclose to any third party, or permit the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise stated in this Grant Award Letter. Grantee shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable laws, rules, policies, publications, and guidelines. If Grantee or any of its Subcontractors will or may receive the following types of data, Grantee or its Subcontractors shall provide for the security of such data according to the following: (i) the most recently promulgated IRS Publication 1075 for all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax Information attached to this Grant as an Exhibit, if applicable, (ii) the most recently updated PCI Data Security Standard from the PCI Security Standards Council for all PCI, (iii) the most recently issued version of the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security Policy for all CJI, and (iv) the federal Health Insurance Portability and Accountability Act for all PHI and the HIPAA Business Associate Agreement attached to this Grant, if applicable. Grantee shall immediately forward any request or demand for State Records to the State’s principal representative. B. Other Entity Access and Nondisclosure Agreements Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Grant Award Letter. Grantee shall ensure all such agents, employees, assigns, and Subcontractors sign nondisclosure agreements with provisions at least as protective as those in this Grant, and that the nondisclosure agreements are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Grantee shall provide copies of those signed nondisclosure restrictions to the State upon request. C. Use, Security, and Retention Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Grantee shall provide the State with access, subject to Grantee’s reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this        10.1 Packet Pg. 184 Attachment: Grant Award Letter (11626 : Civil Rights Context Report) Page 8 of 10 Version 8.10.2021 Grant, Grantee shall return State Records provided to Grantee or destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. E. Safeguarding PII If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee shall provide for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections, and audits. Grantee shall be a “Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101 et seq., C.R.S. 10. CONFLICTS OF INTEREST Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Grantee under this Grant. Grantee acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be harmful to the State’s interests and absent the State’s prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee’s obligations under this Grant. If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. 11. INSURANCE Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”). Grantee shall ensure that any Subcontractors maintain all insurance customary for the completion of the Work done by that Subcontractor and as required by the State or the GIA. 12. REMEDIES In addition to any remedies available under any exhibit to this Grant Award Letter, if Grantee fails to comply with any term or condition of this Grant, the State may terminate some or all of this Grant and require Grantee to repay any or all Grant funds to the State in the State’s sole discretion. The State may also terminate this Grant Award Letter at any time if the State has determined, in its sole discretion, that Grantee has ceased performing the Work without intent to resume performance, prior to the completion of the Work. 13. DISPUTE RESOLUTION Except as herein specifically provided otherwise or as, disputes concerning the performance of this Grant that cannot be resolved by the designated Party representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager or official designated by Grantee for resolution.        10.1 Packet Pg. 185 Attachment: Grant Award Letter (11626 : Civil Rights Context Report) Page 9 of 10 Version 8.10.2021 14. NOTICES AND REPRESENTATIVES Each Party shall identify an individual to be the principal representative of the designating Party and shall provide this information to the other Party. All notices required or permitted to be given under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by email to the representative of the other Party. Either Party may change its principal representative or principal representative contact information by notice submitted in accordance with this §13. 15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of and otherwise exploit all intellectual property created by Grantee or any Subcontractors or Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant. 16. GOVERNMENTAL IMMUNITY Liability for claims for injuries to persons or property arising from the negligence of the Parties, their departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. 17. GENERAL PROVISIONS A. Assignment Grantee’s rights and obligations under this Grant are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Grantee’s rights and obligations approved by the State shall be subject to the provisions of this Grant Award Letter. B. Captions and References The captions and headings in this Grant Award Letter are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Grant Award Letter to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. C. Entire Understanding This Grant Award Letter represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Grant Award Letter. D. Modification The State may modify the terms and conditions of this Grant by issuance of an updated Grant Award Letter, which shall be effective if Grantee accepts Grant Funds following receipt of the updated letter. The Parties may also agree to modification of the terms and conditions of the Grant in a formal amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. E. Statutes, Regulations, Fiscal Rules, and Other Authority Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Grant Issuance Date. Grantee shall strictly comply with all applicable Federal        10.1 Packet Pg. 186 Attachment: Grant Award Letter (11626 : Civil Rights Context Report) Page 10 of 10 Version 8.10.2021 and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. Digital Signatures If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Contract by reference. G. Severability The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect the validity or enforceability of any other provision of this Grant Award Letter, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under the Grant in accordance with the intent of the Grant. H. Survival of Certain Grant Award Letter Terms Any provision of this Grant Award Letter that imposes an obligation on a Party after termination or expiration of the Grant shall survive the termination or expiration of the Grant and shall be enforceable by the other Party. I. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described above, this Grant Award Letter does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. J. Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Grant Award Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. K. Accessibility Grantee shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act of 1973, as amended, and §§24-85-101, et seq., C.R.S. Grantee shall comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards and available at https://www.w3.org/TR/WCAG21/.        10.1 Packet Pg. 187 Attachment: Grant Award Letter (11626 : Civil Rights Context Report) City of Fort Collins Exhibit A Historic Context Project #2022-01-066 Page 1 of 1 Exhibit A SCOPE OF WORK I. Purpose:The purpose of this project is to develop a historic context on civil rights movements of historically excluded groups in Fort Collins, Colorado. II. Scope of Work is as follows: A.Conduct Research and Community Engagement 1. Collaboration of City Staff, Community Ambassador Committee, and other community stakeholders throughout the project to identify and collect appropriate research materials and lists of potentially significant associated sites to support the intersectional civil rights report. 2. Ambassador Committee will collaborate with consultant to identify source material, act as cultural broker to invite participation and oral history contributions from community members. 3. City Staff will facilitate contact with research partners; arrange for Spanish- language interpretive services; provide existing sources and research materials, etc. 4. Produce list of sources and bibliography, digital collection of research material, draft list of associated historic sites; finalized, detailed report outline. B.Prepare Historic Context Report 1. Write historic context on intersectional discrimination and civil rights in Fort Collins including: a) A history of discrimination and civil rights movements against discrimination, splitting the topic logically between dominant identities based on ethnicity, race, gender, sexual orientation, disability, and religion, and addressing intersectionality among those identities. b) Recommendations for intensive-level survey of sites that may be eligible for historic designation at the local, state, and national levels, based on reconnaissance survey. c) Recommendations for interpretive strategies for non-extant sites (e.g., wayside signage) d) Identification of, and recommendations to address, potential institutional barriers to designating civil rights sites. 2. Ambassador Committee and City Staff will review report draft and provide comments prior to submitting to SHF. C.Develop List of Informed Next Steps and Outreach Stategies 1. Conduct survey and co-creative dialogue with community ambassadors to identify research gaps and community needs for storytelling and education that creates a sense of belonging for everyone. Future phase summary will include basic development concept including descriptions, partners, and potential funding. Share next steps in 1-3 community presentations. 2. Ambassador Committee will facilitate responses to survey and co-creative dialogue with consultant and staff to identify remaining research gaps and community needs for storytelling and education in the service of preservation. 3. City Staff will arrange for consultant presentations to community groups, boards/commissions. 4. Produce prioritized list of additional research needs and educational opportunities, co-created with community ambassadors, and public presentations. O:\Contracting\Contracts\2022\01\22 01 066 (Civil Rights in Ft. Collins historic context)\22 01 066 ex A.doc        10.1 Packet Pg. 188 Attachment: Grant Award Letter (11626 : Civil Rights Context Report) City of Fort Collins Exhibit B Historic Context Project #2022-01-066 Page 1 of 1 Exhibit B BUDGET TASK AMOUNT A. Project Research and Community Engagement $48,875 B. Prepare Historic Context Report $28,125 C. Develop List of Informed Next Steps and Outreach Strategies $7,550 D. Travel* $9,580 PROJECT TOTAL $94,130 Grant Award (92.00%) $86,600 Cash Match (8.00%) $7,530 * Travel must be within SHF/State allowable rates (mileage: $.53/mile (2WD); Hotel/lodging: at-cost/night; Meal allowance: $59/day) O:\Contracting\Contracts\2022\01\22 01 066 (Civil Rights in Ft. Collins historic context)\22 01 066 ex B.doc        10.1 Packet Pg. 189 Attachment: Grant Award Letter (11626 : Civil Rights Context Report) City of Fort Collins Exhibit C Historic Context Project #2022-01-066 Page 1 of 2 Exhibit C LIST OF SUBMITTALS Project Reports Due Date Society Response a. Payment Request Form (Attachment 1). Deliverables #1-3 below must be reviewed and approved before Advance Payment is made. N/A Advance Payment of Grant Award $25,980 b. Progress Report # 1 June 1, 2022 Review * c. Progress Report # 2 September 1, 2022 Review * d. Progress Report # 3 December 1, 2022 Review * e. 1st Interim Financial Report (Attachment 1). Deliverables #4-8 below must be reviewed and approved before Interim Payment is made. December 15, 2022 ** Review & Approve Interim Payment of Grant Award $25,980 f. Progress Report # 4P March 1, 2023 Review * g. Progress Report # 5 June 1, 2023 Review * h. 2nd Interim Financial Report (Attachment 1). Deliverables #9-13 below must be reviewed and approved before Interim Payment is made. June 15, 2023 ** Review & Approve Interim Payment of Grant Award $25,980 i. Progress Report # 6 September 1, 2023 Review * j. Progress Report # 7 December 1, 2023 Review * k. Final Financial Report (Attachment 1). December 15, 2023 *** Review & Approve Final Payment of Grant Award $8,660 * At the discretion of the SHF technical staff, progress reports may not receive a response. ** Interim Financial Report due date is a guideline. Please submit Interim Financial Report when 40% or more of Advance is expended and you are ready for the next payment. *** Final Payment is a reimbursement ONLY after all contractors are paid in full. All deliverables and submittals must be received at least 30 days prior to the Grant End Date.        10.1 Packet Pg. 190 Attachment: Grant Award Letter (11626 : Civil Rights Context Report) City of Fort Collins Exhibit C Historic Context Project #2022-01-066 Page 2 of 2 Exhibit C PROJECT DELIVERABLES All deliverables must be submitted digitally to your assigned Resource Specialist. Project Deliverables SHF Response 1. Initial Consultation with SHF Resource Specialist Review Comment and/or Approve 2. Contract Certification Form for: Context Consultant Review Comment and/or Approve 3. Resume for: Context Consultant Review Comment and/or Approve 4. List of Community Ambassador Committee members and project stakeholders Review Comment and/or Approve 5. Detailed Historic Context Outline Review Comment and/or Approve 6. Draft list of associated historic sites Review Comment and/or Approve 7. Link to digital collection of research material Review Comment and/or Approve 8. List of sources and bibliography Review Comment and/or Approve 9. Draft Historic Context Report Review Comment and/or Approve 10. List of survey priorities Review Comment and/or Approve 11. List of additional research needs, interpretive strategies for non-extant properties, and educational opportunities Review Comment and/or Approve 12. Recommendations to address potential institutional barriers to designating civil rights sites Review Comment and/or Approve 13. Interim meeting with SHF Resource Specialist, if needed Review Comment and/or Approve 14. Final Historic Context Report Review Comment and/or Approve 15. Link to Historic Context Report on City website Review Comment and/or Approve  16. Documentation of professional/public outreach (community meetings, stakeholder interviews, etc.) Review Comment and/or Approve O:\Contracting\Contracts\2022\01\22 01 066 (Civil Rights in Ft. Collins historic context)\22 01 066 ex C.doc        10.1 Packet Pg. 191 Attachment: Grant Award Letter (11626 : Civil Rights Context Report) City of Fort Collins Exhibit D Historic Context Project #2022-01-066 Page 1 of 1 Exhibit D STATE HISTORICAL FUND PROVISIONS 1. STANDARDS OF WORK The Property Owner and Grant Recipient agree that they will perform the activities listed in Exhibit A and produce the deliverables listed in Exhibit C in accordance with the pertinent sections of the applicable Secretary of the Interior's Standards for Archaeology and Historic Preservation. The Property Owner and Grant Recipient shall perform any and all survey activities and submittals in accordance with the Survey Manual and How to Complete Colorado Cultural Resource Inventory Forms, Volumes I and II, June 1998 (Revised December 2001) for any and all survey activities and projects (copies of which are available through History Colorado). 1. DISSEMINATION OF ARCHAEOLOGICAL SITE LOCATIONS The Grant Recipient and Property Owner agree to provide History Colorado with copies of any archaeological surveys developed during the course of, or under a project financed either wholly or in part by History Colorado. The Grant Recipient and Property Owner agree to otherwise restrict access to such archaeological surveys, as well as access to any other information concerning the nature and location of archaeological resources, in strict accordance with the provisions of History Colorado-Office of Archaeology and Historic Preservation, Policy on Dissemination of Information, adopted October 1991, a copy of which is available from History Colorado. 2. PUBLIC ACKNOWLEDGEMENT OF FUNDING SOURCE In all publications and similar materials funded under this Agreement, a credit line shall be included that reads: "This project is/was paid for in part by a History Colorado – State Historical Fund grant." In addition, History Colorado reserves the right to require that the following sentence be included in any publication or similar material funded through this program: "The contents and opinions contained herein do not necessarily reflect the views or policies of History Colorado". 3. MATCHING FUNDS In the event that said matching funds, as provided in Cover Page & Exhibit B, become unavailable, the State may, in its sole discretion, reduce its total funding commitment to the Project in proportion to the reduction in matching funds. If the total funding set forth in the Project Budget is not expended on completion of the Project, the State may reduce its pro-rata share of the unexpended budget. 4. QUALIFYING EXPENDITURES Expenditures incurred by the Grantee or Property Owner prior to execution of this Agreement are not eligible expenditures for State reimbursement. If the Project involves matching funds the State may allow prior expenditures in furtherance of the Scope of Work to be counted as part of such matching funds. 5. BUDGET REVISIONS In the event budget line items need to be increased/decreased over 25% for any budget line item, Grantee shall provide a written request, in advance, with a detailed explanation and information for the revision(s) in a form and manner approved by the State. 6. INTEREST EARNED Interest earned on funds advanced by the State shall be applied to eligible project expenditures, and will be deducted from the final payment. 7. RECAPTURE The following recapture provision shall apply only to a private/for-profit Property Owner: In the event that the property, as a whole, is sold within a five-year period after completion of the grant, the following recapture provision shall apply: If the property is sold within the first year after completion, one-hundred percent (100%) of the funds awarded shall be returned to the State, with a twenty percent (20%) reduction per year thereafter. 8. ACQUISITIONS For acquisition projects, upon receipt by the State of documentation for the execution of a recorded deed of real property between Property Owner and Grantee, the State, Grantee, and Property Owner agree the Property Owner will cease to be a party to the Agreement. v. 10.29.2021        10.1 Packet Pg. 192 Attachment: Grant Award Letter (11626 : Civil Rights Context Report) PAYMENT REQUEST AND FINANCIAL REPORT FORM (ATTACHMENT 1) G:\Shared drives\SHF\O drive 3.16.20\Contracting\Award Packet\Left Side\Pay Request and Financial Report rev 07012021.docx For advance, contingency, and easement fee payments: Only complete steps 1, 2, and 5.  Include a copy of the Easement Fee invoice when requesting an Easement Payment. For all other payments, ALL steps and page 2 must be completed. Copies of invoices are not required, but may be requested by SHF staff. Guidelines: Refer to Exhibit C of your grant award document for payment amounts and deliverables due before submitting a payment request. At least 40% of your previous grant payment must be spent or invoiced prior to receiving the Interim Payment(s). Approved contingency funds will be added to your final payment if not requested previously. Final payment is a reimbursement only. All invoices must be paid in full. Step 1) General Information: Project # Grant Recipient Organization: Step 2) Payment(s) Requested (Choose all that apply): Advance Interim 2nd Interim (if applicable) Final Contingency Easement Step 3) Financial Report: Report all payments you’ve made, including payments of cash match, to subcontractors and individuals for work on the project since your last payment request. You must indicate which budget task(s) from Exhibit B the payment is for. If a single payment is for more than one budget task, break the invoice out onto multiple lines to report the amount paid for each task. Award Amount $ Project Ratio Grant Funds: % / Cash Match: % PAYEE NAME who ǁĂƐ paid BUDGETED TASK as listed in Exhibit B of Contract DATE PAID CHECK # AMOUNT PAID I hereby certify that all expenses reported above have been PAID and that all of the information is correct and that any false or misrepresented information may require immediate repayment of any or all funds. 1st Interim Financial Report Total 2nd Interim Financial Report Total Final Financial Report Total Project Total Step 4) Additional Information: Project is estimated __________% Complete Interest Earned: $____________ Step 5) Signature: _______________________________________________________ Grant Recipient Organization Signatory Date FOR SHF USE ONLY ____________________ Review ___________________ QC ___________________ Approved        10.1 Packet Pg. 193 Attachment: Grant Award Letter (11626 : Civil Rights Context Report) -1- ORDINANCE NO. 067, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING SUPPLEMENTAL APPROPRIATION AND AUTHORIZING TRANSFERS FROM THE GENERAL FUND OF THE STATE HISTORICAL FUND GRANT TO PRODUCE A HISTORIC CONTEXT REPORT OF CIVIL RIGHTS IN FORT COLLINS WHEREAS, the City recently was awarded a grant in the amount of $86,600 (the “Grant”) by the State Historical Fund; and WHEREAS, matching funds of $7,530 for the Grant are earmarked in the Historic Preservation Division’s 2022 budget and appropriated for this purpose; and WHEREAS, the Grant will pay for professional historic preservation services to produce a historic context report on civil rights in Fort Collins; and WHEREAS, the Grant will pay for professional historic preservation services and community partners and stakeholders to identify a preliminary list of associated historically significant properties and consider which of these may be eligible for historic designation following future intensive-level survey; and WHEREAS, the Grant will pay for professional historic preservation services to identify appropriate future projects that expand the story of civil rights in Fort Collins beyond the initial report; and WHEREAS, the results of this historic context report will be used to promote awareness and uplift the histories of historically excluded and underrepresented members of the Fort Collins community, and will provide the City with the tools to make informed planning decisions; and WHEREAS, this appropriation benefits the public health, safety and welfare of the residents of Fort Collins and serves the public purpose of promoting the City’s Strategic Plan in the areas of Culture and Recreation, Economic Health and Neighborhood Livability and Social Health; and WHEREAS, this appropriation specifically promotes the Equity, Inclusion and Diversity goals articulated in the City Plan of “of cultivating a safe and welcoming community focusing on equitable engagement, outcomes and service delivery for all, leading with race;” and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, to make a supplemental appropriation by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriation, in combination with all previous appropriations for that fiscal year, do not exceed the current estimate of actual and anticipated revenues and all other funds to be received during the fiscal year; and Packet Pg. 194 -2- WHEREAS, the Interim 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 and all other funds to be received in this Fund during this fiscal year; and WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council, upon recommendation by the City Manager, to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged, the purpose for which the funds were initially appropriated no longer exists, or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and WHEREAS, the Interim City Manager has recommended the transfer of $7,530 from the Historic Preservation Division’s Operating Budget in the General Fund to the State Historical Fund Grant in the General Fund and determined that the purpose for which the transferred funds are to be expended remains unchanged; and WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to designate in the ordinance when appropriating funds for a state grant, that such appropriation shall not lapse at the end of the fiscal year in which the appropriation is made, but continue until the earlier of the expiration of the state grant the City’s expenditure of all funds received from such grant; and WHEREAS, the City Council wishes to designate the appropriation herein for the State Historical Fund Grant for the Historic Context of Civil Rights in Fort Collins as an appropriation that shall not lapse until the earlier of the expiration of the Grant or the City’s expenditure of all funds received from such Grant. 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 new revenue or other funds in the General Fund the sum of EIGHTY-SIX THOUSAND SIX HUNDRED DOLLARS ($86,600) to be expended in the General Fund for State Historical Fund Grant for the Historic Context of Civil Rights in Fort Collins. Section 3. That the unexpended and unencumbered appropriated amount of SEVEN THOUSAND FIVE HUNDRED THIRTY DOLLARS ($7,530) is authorized for transfer from the Historic Preservation Division’s operating budget in the General Fund to the State Historical Packet Pg. 195 -3- Fund Grant for the Historic Context of Civil Rights in Fort Collins in the General Fund and appropriated therein. Section 4. That the appropriation herein for State Historical Fund Grant for the Historic Context of Civil Rights in Fort Collins is hereby designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation that shall not lapse at the end of this fiscal year but continue until the earlier of the expiration of the grant or the City’s expenditure of all funds received from such grant. Introduced, considered favorably on first reading and ordered published this 7th day of June, A.D. 2022, and to be presented for final passage on the 21st day of June, A.D. 2022. Mayor ATTEST: City Clerk Passed and adopted on final reading this 21st day of June, A.D. 2022. Mayor ATTEST: City Clerk Packet Pg. 196 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY June 7, 2022 City Council STAFF Beth Rosen, Grants Compliance & Policy Manager Ingrid Decker, Legal SUBJECT Items Relating to the Appropriation of Federal Funds in the Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Program Funds. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 068, 2022, Making Supplemental Appropriations in the Community Development Block Grant Fund. B. First Reading of Ordinance No. 069, 2022, Making Supplemental Appropriations in the HOME Investment Partnerships Grant Fund. The purpose of this item is to appropriate the City’s FY2022 Community Development Block Grant (CDBG) Entitlement Grant and FY2022 Home Investment Partnerships Program (HOME) Par ticipating Jurisdiction Grant from the Department of Housing and Urban Development (HUD), and CDBG program income from FY2020 & FY2021 and HOME Program Income from FY2020 & FY2021. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION The Community Development Block Grant (CDBG) Entitlement Program provides annual grants on a formula basis to eligible cities and counties to improve the living conditions for low and moderate - income persons. Recipient communities develop their own programs and funding priorities. In the 2020–2024 Consolidated Plan submitted to HUD, the City prioritized the use of these funds to further its affordable housing goals and provide public services for persons experiencing homelessness and persons most at risk of homelessness. The HOME Investment Partnership Program (HOME) provides annual grants on a formula basis to Participating Jurisdictions to implement local housing strategies designed to increase homeownership and housing opportunity for low and very low-income residents. These funds are used annually to further the affordable housing goals outlined in the Housing Strategic Plan. On May 13, 2022, HUD released the formula allocations for both the CDBG and HOME programs. This appropriation includes $1,120,412 for CDBG and $803,409 for HOME. Additionally, the City receives annual repayments into the CDBG & HOME programs, referred to as Program Income (PI), through the payoffs of Home Buyer Assistance (HBA) loans and loan payments on affordable housing projects. These payments go back to their respective programs for re-allocation to eligible projects. Since April 1, 2021, the CDBG program has received $79,461 in Program Income and the HOME Program has received $186,484 in Program Income. Ordinance No. 068, 2022, appropriates a total of $1,199,873 into the CDBG Program, which includes the 11 Packet Pg. 197 Agenda Item 11 Item # 11 Page 2 Entitlement Award of $1,120,412 and $79,461 from Program Income. Ordinance No. 069, 2022, appropriates a total of $989,833 into the HOME Program, which includes the Entitlement Award of $803,409 and $186,484 from Program Income. These funds are allocated through an annual Competitive Process, with funding recommendations being made to Council by the Human Services and Housing Funding Board. Recommendations for the use of these funds will be presented to Council at its regular meeting on June 21, 2022. CITY FINANCIAL IMPACTS This item will appropriate $2,189,766 in federal funding to the City of Fort Collins which will be allocated to housing and community development related programs and projects and administration of the funds, thereby reducing the demand on the City’s General Fund budget to address such needs. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS 1. HUD FY2022 Formula Allocations (PDF) 11 Packet Pg. 198 FY 2022 Community Planning and Development Formula Program AllocationsNAMESTACDBGRHPHOMEESGHOPWAHTFState of ColoradoCO$9,377,653$0$7,364,694$2,128,974$1,100,663$10,917,121ArvadaCO$445,942$0$0$0$0$0AuroraCO$2,621,080$0$1,246,422$236,115$0$0BoulderCO$808,365$0$1,279,918$0$0$0Broomfield City/CountyCO$286,465$0$0$0$0$0Castle RockCO$234,817$0$0$0$0$0Colorado SpringsCO$3,032,763$0$1,754,596$270,237$0$0Commerce CityCO$422,541$0$0$0$0$0DenverCO$6,685,254$0$3,266,197$566,588$3,686,258$0Fort CollinsCO$1,120,412$0$803,409$0$0$0Grand JunctionCO$421,451$0$0$0$0$0GreeleyCO$837,611$0$436,526$0$0$0LakewoodCO$856,536$0$0$0$0$0LongmontCO$519,709$0$0$0$0$0LovelandCO$374,203$0$0$0$0$0PuebloCO$1,459,303$0$979,677$0$0$0ThorntonCO$837,776$0$0$0$0$0WestminsterCO$585,031$0$0$0$0$0Adams CountyCO$1,417,617$0$1,307,955$0$0$0Arapahoe CountyCO$1,375,306$0$801,378$0$0$0El Paso CountyCO$1,089,731$0$0$0$0$0Jefferson CountyCO$1,087,949$0$1,070,871$0$0$0Weld CountyCO$1,036,772$0$0$0$0$0ATTACHMENT 111.1Packet Pg. 199Attachment: HUD FY2022 Formula Allocations (11588 : CDBG - HOME FY22 Appropriation) -1- ORDINANCE NO. 068, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING SUPPLEMENTAL APPROPRIATIONS IN THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND WHEREAS, the City estimates it will receive in federal fiscal year 2022-2023 unanticipated revenue in the form of federal Community Development Block Grant (“CDBG”) funds from Housing and Urban Development (HUD) totaling $1,120,412; and WHEREAS, the City has also received unanticipated CDBG Program income in the amount of $79,461; and WHEREAS, this appropriation benefits the public health, safety and welfare of the residents of Fort Collins and serves the public purpose of providing affordable housing and human services for City residents; and WHEREAS, Article V, Section 9 of the City Charter permits the Cit y Council, upon recommendation of the City Manager, to make a supplemental appropriation by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriation, in combination with all previous appropriations for that fiscal year, do not exceed the current estimate of actual and anticipated revenues and all other funds to be received during the fiscal year; and WHEREAS, the Interim City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Community Development Block Grant Fund and will not cause the total amount appropriated in the Community Development Block Grant Fund to exceed the current estimate of actual and anticipated revenues and all other funds to be received in this Fund during this fiscal year; and WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to designate in the ordinance when appropriating funds for a federal grant, that such appropriation shall not lapse at the end of the fiscal year in which the appropriation is made, but continue until the earlier of the expiration of the federal grant or the City’s expenditure of all funds received from such grant; and WHEREAS, the City Council wishes to designate the appropriation herein for the Community Development Block Grant Entitlement Program as an appropriation that shall not lapse until the earlier of the expiration of the grant or the City’s expenditure of all funds received from such grant; and WHEREAS, City Council has considered on the same date as second reading of this ordinance a resolution approving the allocation of these funds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 200 -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 new revenue or other funds from HUD in the Community Development Block Grant Fund, the sum of ONE MILLION ONE HUNDRED TWENTY THOUSAND FOUR HUNDRED TWELVE DOLLARS ($1,120,412), to be expended in the Community Development Block Grant Fund upon receipt thereof for federal fiscal year 2022-2023 Community Development Block Grant projects. Section 3. That there is hereby appropriated from new revenue or other funds from program income in the Community Development Block Grant Fund, the sum of SEVENTY- NINE THOUSAND FOUR HUNDRED SIXTY-ONE DOLLARS ($79,461), to be expended in the Community Development Block Grant Fund for approved Community Development Block Grant projects. Section 4. That the appropriation herein for the Community Development Block Grant Entitlement Program is hereby designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation that shall not lapse at the end of this fiscal year but continue until the earlier of the expiration of the grant or the City’s expenditure of all funds received from such grant. Introduced, considered favorably on first reading, and ordered published this 7th day of June, A.D. 2022, and to be presented for final passage on the 21st day of June, A.D. 2022. Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of June, A.D. 2022. Mayor ATTEST: _______________________________ City Clerk Packet Pg. 201 -1- ORDINANCE NO. 069, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING SUPPLEMENTAL APPROPRIATION IN THE HOME INVESTMENT PARTNERSHIPS GRANT FUND WHEREAS, the Home Investment Partnerships Program (the “HOME Program”) was authorized by the National Affordable Housing Act of 1990 to provide funds in the form of Participating Jurisdiction Grants for a variety of housing-related activities that would increase the supply of decent, safe, and affordable housing; and WHEREAS, on March 1, 1994, the City Council adopted Resolution 1994-092 authorizing the Mayor to submit to the Department of Housing and Urban Development (“HUD”) a notification of intent to participate in the HOME Program; and WHEREAS, on May 26, 1994, HUD designated the City as a Participating Jurisdiction in the HOME Program, allowing the City to receive an allocation of HOME Program funds as long as Congress re-authorizes and continues to fund the program; and WHEREAS, the City estimates it will receive in federal fiscal year 2022-2023 unanticipated revenue in the form of Home Investment Partnership Program (“HOME”) funds from Housing and Urban Development (HUD) totaling is $803,409; and WHEREAS, the City has also received unanticipated HOME Program income in the amount of $186,484; and WHEREAS, this appropriation benefits the public health, safety and welfare of the residents of Fort Collins and serves the public purpose of providing affordable housing for city residents; and WHEREAS, Article V, Section 9 of the City Charter permits the Cit y Council, upon recommendation of the City Manager, to make a supplemental appropriation by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriation, in combination with all previous appropriations for that fiscal year, do not exceed the current estimate of actual and anticipated revenues and all other funds to be received during the fiscal year; and WHEREAS, the Interim City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Home Investment Partnerships Grant Fund and will not cause the total amount appropriated in the Home Investment Partnerships Grant Fund to exceed the current estimate of actual and anticipated revenues and all other funds to be received in this Fund during this fiscal year; and WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to designate in the ordinance when appropriating funds for a federal grant, that such appropriation shall not lapse at the end of the fiscal year in which the appropriation is made, but continue until Packet Pg. 202 -2- the earlier of the expiration of the federal grant or the City’s expenditure of all funds received from such grant; and WHEREAS, the City Council wishes to designate the appropriation herein for the Home Investment Partnerships Program as an appropriation that shall not lapse until the earlier of the expiration of the grant or the City’s expenditure of all funds received from such grant; and WHEREAS, City Council has considered on the same date as second reading of this ordinance a resolution approving the allocation of these funds. 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 new revenue or other funds from HUD in the HOME Investment Partnerships Grant Fund the sum of EIGHT HUNDRED THREE THOUSAND FOUR HUNDRED NINE DOLLARS ($803,409), to be expended in the HOME Investment Partnerships Grant Fund upon receipt from federal fiscal year 2022-2023 HOME Participating Jurisdiction Grant Funds. Section 3. That there is hereby appropriated from new revenue or other funds from program income in the HOME Investment Partnerships Grant Fund the sum of ONE HUNDRED EIGHTY-SIX THOUSAND FOUR HUNDRED EIGHTY-FOUR DOLLARS ($186,484), to be expended in the HOME Investment Partnerships Grant Fund for approved HOME Program projects. Section 4. That the appropriation herein for HOME Investment Partnerships Grant Entitlement Program is hereby designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation that shall not lapse at the end of this fiscal year but continue until the earlier of the expiration of the grant or the City’s expenditure of all funds received from such grant. Introduced, considered favorably on first reading and ordered published this 7th day of June, A.D. 2022, and to be presented for final passage on the 21st day of June, A.D. 2022. Mayor ATTEST: City Clerk Packet Pg. 203 -3- Passed and adopted on final reading this 21st day of June, A.D. 2022. Mayor ATTEST: City Clerk Packet Pg. 204 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY June 7, 2022 City Council STAFF Brad Buckman, Manager, Civil Engineering Claire Havelda, Legal SUBJECT First Reading of Ordinance No. 070, 2022, Repealing Sections 23-90 to 23-95 and Amending Section 24-1 of the Code of the City of Fort Collins Regarding Neighborhood Entry Signs. EXECUTIVE SUMMARY The purpose of this item is to delete City Code redundancy. The City’s Sign Code was adopted in 2017 as part of the Land Use Code. This makes City Code Sections 23-90 to 23-95 and 24-1(4)-(5) unnecessary. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City updated its Sign Code into the Land Use Code in 2017 following the Supreme Court’s decision in Reed v. Town of Gilbert. City Code Sections 23-90 through 23-95 regulating Neighborhood Entry Signs w ere thereby made unnecessary as the Sign Code now regulates these signs. References to neighborhood signs in City Code Section 24-1 are also being deleted. 12 Packet Pg. 205 -1- ORDINANCE NO. 070, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING SECTIONS 23-90 TO 23-95 AND AMENDING SECTION 24-1 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING NEIGHBORHOOD ENTRY SIGNS WHEREAS, on August 15, 2017, City Council amended its Land Use Code Sign Regulations to ensure compliance with the Supreme Court’s direction in Reed v. Town of Gilbert that sign regulation must be content and viewpoint neutral; and WHEREAS, on August 15, 2017, City Council adopted Ordinance No. 088, 2017 amending Land Use Code (“LUC”) Sections 3.8.7.1, 3.8.7.2, 3.8.7.3, 3.8.7.4, 3.8.7.5, and 3.8.7.6, collectively referred to as the “City of Fort Collins Sign Code” or the “Sign Code”; and WHEREAS, the purpose of the Sign Code is to comprehensively regulate the design, location, installation, display, operation, repair, maintenance and removal of signs in a manner that advances the City’s compelling interests while safeguarding free speech and complying with Reed; and WHEREAS, prior to the Sign Code update, the City regulated “Neighborhood Signs” in City Code Sections 23-90 to 23-95 and 24-1(4)-(5) & (7); and WHEREAS, Sections 23-90 to 23-95 and 24-1(4)-(5) & (7) of the City Code were made redundant by adoption of the Sign Code; and WHEREAS, City Council finds it is in the City’s best interest to repeal City Code Sections 23-90, 23-91, 23-92, 23-94, and 23-95 and amend Section 24-1. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Chapter 23, Article III, Division 4 is hereby deleted in its entirety and held in reserve. Division 4 - Neighborhood Entry Signs Sec. 23-90. - Definitions. The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Section: Qualified neighborhood organization shall mean an organization which: (1) represents a neighborhood area with identifiable geographic boundaries; (2) represents a neighborhood area Packet Pg. 206 -2- having at least two hundred (200) existing households within its geographic boundaries; (3) has at least one (1) elected representative; and (4) makes membership in the organization available to all residents and property owners within the geographic boundaries of the neighborhood. Sec. 23-91. - Permits. Any qualified neighborhood organization desiring to erect a neighborhood entry sign upon any City property or any street, alley or sidewalk in the City shall file a written application for a permit upon a form prepared and provided by the City. Only established, qualified neighborhood organizations may apply for and obtain a permit for neighborhood entry signs. Permits shall not be issued under this Division to residential developments that are being processed for development review and approval under the Land Use Code or the Transitional Land Use Regulations. Sec. 23-92. - Contents of application. The application for a neighborhood entry sign permit shall contain all information required on the form provided by the City including, without limitation, the following: (1) The name, address and telephone number of the qualified neighborhood organization and the person to be contacted representing said organization. (2) The names of the streets or other identifiable features that define the boundary of the neighborhood. (3) The proposed location of the neighborhood entry sign or signs (not to exceed four [4]) including the names of the intersections and the direction of travel. (4) A detailed description of the sign(s) proposed to be used for neighborhood entry (or entries) including the size, shape, types of materials used in the construction of the sign structure (including the sign blank and the legend), color and types of mount. This description shall include a detailed drawing of each proposed sign showing the exact sign placement. (5) A statement that the applicant agrees to abide by the provisions of this Division. Sec. 23-93. Standards and criteria. All neighborhood signs permitted pursuant to this Division shall conform to the following standards and criteria: (1) Neighborhood entry signs in, adjoining or adjacent to a residential area shall be harmonious with and reflect the residential character of the area. (2) One (1) single-faced sign, one (1) double-faced sign or two (2) single-faced signs bearing identical copy (with no sign face being larger than twenty-four [24] square feet) Packet Pg. 207 -3- may be permitted to identify the name of a neighborhood at each of the neighborhood's major entrances. (3) The top of any such sign shall be no more than five (5) feet above ground level. (4) The word “neighborhood” must be included in the sign copy. (5) The sign shall not have internal or external lighting. (6) A maximum of four (4) major entrances into a neighborhood may be permitted for signs for any qualified neighborhood organization. (7) The applicant must show to the satisfaction of the City that it has formally established an organization which is ready, willing and able to maintain the sign. The sign must, at all times, be kept in a well-maintained and proper condition. (8) The following sight distances must be maintained for any neighborhood entry sign in the right-of-way: Type of Street Safe Sight Distance (feet) Arterial 500 Collector 400 Local 300 (9) The cost of the design, installation and maintenance of the neighborhood entry sign or signs shall be borne by the qualified neighborhood organization. (10) Prior to installation of any neighborhood entry sign, all “utility locates” must be performed. Sec. 23-94. - Investigation of application; permit fee; revocation. (a) The application for a permit for a neighborhood entry shall be made to the City Engineer. The City Engineer shall make or cause to be made an investigation of the information contained in the application and prior to the issuance of a permit shall determine that the applicant is a qualified neighborhood organization and that the proposed neighborhood sign does not constitute a nuisance or destroy or impair the use of the right-of-way or any City property by the public or constitute a traffic hazard and complies with all standards and criteria of this Division. In investigating whether the application for a neighborhood entry sign conforms to the standards and criteria of this Division, the City Engineer shall consult with the Traffic Engineer and the Director of Community Development and Neighborhood Services. (b) At the time of issuance of a permit hereunder, the applicant shall pay a fee of twenty-five dollars ($25.) for each neighborhood entry sign proposed to be constructed. Packet Pg. 208 -4- (c) Neighborhood entry sign permits issued pursuant to this Division are authorized under Article XI, Section 10 of the Charter. Accordingly, any such permit shall be revocable at the pleasure of the City Council or the City Engineer, whether or not such right to revoke is expressly reserved in such permit. (d) Whenever any neighborhood entry sign is made or located contrary to the terms of the permit or without a permit or contrary to the terms of this Division, or at such time as the permit is revoked as provided for in this Division, the City Engineer shall give notice to the person or qualified neighborhood organization who made or located such neighborhood entry sign requiring the removal of such neighborhood entry sign. Said sign shall be removed within thirty (30) days following the date of delivery of such notice. Sec. 23-95. - Noncompliance with notice; removal of encroachment. If any notice given under § 23-94 is not complied with, the City Engineer is hereby authorized to cause the removal of the neighborhood entry sign(s) and to collect the cost of such removal and disposal from the permittee, and may commen ce such legal actions as may be necessary or appropriate for the purpose of collecting such costs. Section 3. That Section 24-1 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 24-1. Signs on streets, sidewalks and public rights-of-way prohibited; removal; exceptions; permit. Notwithstanding the provisions of § 17-42, the following signs shall be permitted on streets, sidewalks and other areas owned by the City: . . . (4) Neighborhood recognition signs erected by the City to identify a particular neighborhood; provided, however, that such signs shall only be erected and maintained in those neighborhoods within which a qualified neighborhood organization exists for the purpose of considering and acting upon a broad range of issues affecting the neighborhood. A qualified neighborhood organization shall mean an organization which the City Engineer has determined satisfies all of the following requirements: a. The neighborhood area that the organization represents must have identifiable, geographical boundaries; b. The neighborhood area that the organization represents must have at least two hundred (200) households within the boundaries of the neighborhood unless none of the boundaries of the neighborhood area are adjacent to and touch the boundaries of another existing residential neighborhood, in which case the neighborhood area that the organization represents need only have at least fifty (50) households within the boundaries of the neighborhood; Packet Pg. 209 -5- c. The organization must have at least one (1) elected representative; d. Membership in the organization must be open to all residents, property owners and business owners within the boundaries of the neighborhood; e. Except for residency, ownership of property and location of a business within the neighborhood boundaries, the organization must have no other requirements for membership; f. The organization must not require payment of a membership fee as a condition of voting; g . All of the organization's meetings must be open to the entire membership; h. The organization must hold at least one (1) meeting each calendar year; i. All members of the organization must be sent prior notice of all meetings of the organization; and j. The organization must file and maintain a current set of bylaws with the City's Neighborhood Resources Office. (5) If at any time the City Engineer determines that a neighborhood organization which has existing neighborhood recognition signs does not, for any reason, satisfy all the requirements set forth in Paragraph (c)(4) of this Section, the City Engineer shall give notice to the sign owner to remove the sign within ten (10) days. If the sign owner fails to remove the sign after notice, the City Engineer may remove and dispose of the sign without further notice, notwithstanding the provisions of § 23-130, in addition to issuing a citation for violation of this Section. (64) Signs placed by the City on bus benches and bus shelters displaying advertisements, provided that: a. Any bus shelters displaying advertising signs shall be located either: (1) within three hundred (300) feet of any existing commercial/ retail or industrial use, (2) within three hundred (300) feet of any land zoned to permit any commercial/retail or industrial use, or (3) along any arterial street provided that no residential uses front on such arterial street within three hundred (300) feet of such bus shelter; and b. If signs are placed on bus benches or bus shelters by a private contractor pursuant to a contract between the City and said contractor, such contract shall specify the content, size, placement, illumination, design and material to be used for the construction of the benches or shelters, and the signs placed thereon, so as Packet Pg. 210 -6- to minimize the visual impacts of such signs on the general public and surrounding properties. (7) Neighborhood entry signs which have been authorized pursuant to Chapter 23, Article III, Division 4 of this Code. (85) Portable signs permitted under Article IV of this Chapter. Introduced, considered favorably on first reading and ordered published this 7th day of June, A.D. 2022, and to be presented for final passage on the 21st day of June, A.D. 2022. Mayor ATTEST: City Clerk Passed and adopted on final reading this 21st day of June, A.D. 2022. Mayor ATTEST: City Clerk Packet Pg. 211 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY June 7, 2022 City Council STAFF Amanda Newton, Sr. Treasury Analyst Blaine Dunn, Accounting Director John Duval, Legal SUBJECT Resolution 2022-058 Declaring the Official Intent of the City to Reimburse the Applicable City Funds for Expenditures Relating to Funding the City’s Capital Projects Identified in Ordinance No. 062, 2022, Through the Issuance of Certificates of Participation. EXECUTIVE SUMMARY The purpose of this item is to declare the City’s official intent to reimbursed the applicable City fund with the proceeds from the issuance of the certificates of participation (Certificates of Participation) approved by City Council in Ordinance No. 062, 2022, for the City expenditures made before the issuance of the Certificates of Participation to fund (a) the acquisition of the real property on which the Hughes Stadium previously existed, (b) the acquisition and installation of certain irrigation improvements for the Southridge Golf Course, (c) the construction and installation of a fleet maintenance facility at 800 Wood Street, and (d) such additional projects that benefit the City and are approved by resolution of the City Council (Projects). STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION On this same June 7 agenda, Council will be considering adoption of Ordinance No. 062, 2022, on second reading to authorize the issuance of the Certificates of Participation. The proceeds from the issuance of the Certificates of Participation will be used to fund the Projects. The maximum aggregate principal amount of the Certificates of Participation issued for the Projects is expected not to exceed $16.5M. The proceeds of $8.5M from the issuance will be used to fund the purch ase of the Hughes Stadium land, $5.0M will be used to fund the construction of the Southridge golf course irrigation system improvements, and $3.0M will be used to fund the construction of the Fleet shop expansion. The Projects each have different timelin es, so the initial expenditures for one or more of them might be paid before the issuance of the Certificates of Participation from applicable City funds. Therefore, for the City to be able to use the proceeds from that issuance to reimburse such City funds for any initial expenditures for the Projects, and at the same time maintain the tax-exempt status of the Certificates of Participation, the Internal Revenue Service (Treasury Regulation 26 C.F.R. §1.150 -2) requires that Council adopt the Resolution. Th e Resolution represents the City’s declared official intent to reimburse the applicable City funds for such initial expenditures with the proceeds from the issuance of the Certificates of Participation. 13 Packet Pg. 212 Agenda Item 13 Item # 13 Page 2 CITY FINANCIAL IMPACTS The declaration of this official intent through the Resolution complies with federal regulations. It also provides more flexibility to the City so it can better manage the capital expenditures related to the Projects. For example, the Southridge Golf Course project needs to secure so me of the key materials before prices increase. With this Resolution, the City can make the capital expenditure prior to issuing the Certificates of Participation and later reimburse the applicable City fund with the proceeds from the issuance of the Certificates of Participation. 13 Packet Pg. 213 -1- RESOLUTION 2022-058 OF THE COUNCIL OF THE CITY OF FORT COLLINS DECLARING THE OFFICIAL INTENT OF THE CITY TO REIMBURSE THE APPLICABLE CITY FUNDS FOR EXPENDITURES RELATING TO FUNDING THE CITY’S CAPITAL PROJECTS IDENTIFIED IN ORDINANCE NO. 062, 2022, THROUGH THE ISSUANCE OF CERTIFICATES OF PARTICIPATION WHEREAS, the City of Fort Collins, Colorado (the “City”) expects to make after the date of this Resolution, but before issuing the certificates of participation approved by City Council in Ordinance No. 062, 2022 (“Certificates of Participation”), expenditures from applicable City funds for the funding of (a) the acquisition of the real property on which the Hughes Stadium previously existed, (b) the acquisition and installation of certain irrigation improvements for the Southridge Golf Course, (c) the construction and installation of a fleet maintenance facility at 800 Wood Street, and (d) such additional projects that benefit the City and are approved by resolution of the City Council (collectively, the “Projects”); and WHEREAS, the City intends to later reimburse the applicable City fund for such original expenditures with the proceeds from the issuance of the Certificates of Participation; and WHEREAS, the maximum aggregate principal amount of the Certificates of Participation issued for the Projects is expected not to exceed $16,500,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, 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 this Resolution declares the City’s “official intent,” within the meaning of Treasury Regulation 26 C.F.R. §1.150-2, to reimburse the applicable City funds with the proceeds from the issuance of the Certificates of Participation for its original expenditures to fund the Projects made before issuing the Certificates of Participation. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th day of June, A.D. 2022. Mayor ATTEST: City Clerk Packet Pg. 214 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY June 7, 2022 City Council STAFF Teresa Roche, Human Resources Executive Jenny Lopez Filkins, Legal SUBJECT Resolution 2022-059 Expressing the City Council’s Continuing Support for the Fort Collins LGBTQ+ Community with a Display of Rainbow Lights at City Hall. EXECUTIVE SUMMARY The purpose of this item is to express Council’s continuing support for the Fort Collins LGBTQ+ community with a display of rainbow lights at City Hall during the month of June, which is Pride month. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Gay Pride or LGBTQ+ Pride is the promotion of the self-affirmation, dignity, equality, and increased visibility of lesbian, gay, bisexual, transgender and queer or questioning people and numerous celebrations occur in the month of June. This Resolution expresses the Council’s continuing support for this City display of support related to these issues. At the request of the Interim City Manager, the rainbow lights have been displayed at City Hall in support of the Fort Collins LGBTQ+ community since June 1, 202 2. The intent of this resolution is to express City Council’s approval for displaying rainbow lights at City Hall each June. 14 Packet Pg. 215 -1- RESOLUTION 2022-059 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXPRESSING THE COUNCIL’S CONTINUING SUPPORT FOR THE FORT COLLINS LGBTQ+ COMMUNITY WITH A DISPLAY OF RAINBOW LIGHTS AT CITY HALL WHEREAS, Gay Pride or LGBTQ+ Pride is the promotion of the self-affirmation, dignity, equality, and increased visibility of lesbian, gay, bisexual, transgender and queer or questioning people and numerous celebrations occur in the month of June; and WHEREAS, the first Pride demonstrations resulted in a riot that took place at the Stonewall Inn on June 28, 1969; and WHEREAS, fifty years later, on June 26, 2015, the U.S. Supreme Court ruled that same- gender couples could marry, establishing a new and long overdue civil right in our country; and WHEREAS, at the request of the Interim City Manager, rainbow lights have been displayed at City Hall in support of the Fort Collins LGBTQ+ community since June 1, 202 2; and WHEREAS, the City Council supports displaying rainbow lights at City Hall throughout the month of June each year; and WHEREAS, the City Council wishes to express support for members of the Fort Collins community who are Lesbian, Gay, Bisexual, Transgender, Queer or Questioning. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, AS FOLLOWS: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Council hereby expresses its support for displaying rainbow lights at City Hall throughout the month of June each year, and further expresses its support for members of the Fort Collins community who are Lesbian, Gay, Bisexual, Transgender, Queer or Questioning. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th day of June, A.D. 2022. Mayor ATTEST: City Clerk Packet Pg. 216 Item # Page 1 AGENDA ITEM SUMMARY Agenda Item D June 7, 2022 City Council STAFF Teresa Roche, Human Resources Executive Carrie M. Daggett, Legal SUBJECT Resolution 2022-038 Selecting a City Manager Finalist and Designating Two Councilmembers to Work with the Recruitment Team to Develop Proposed Terms and Conditions of a City Manager Employment Agreement for Council Consideration. EXECUTIVE SUMMARY The purpose of this item is to name the selected finalist for City Manager and authorize two members of the Council to discuss with the recruiter hired to support the recruitment process, City staff and/or the person named to develop the terms and conditions of employment for the City Manager position. If Council is not prepared to move forward to name a selected finalist or would like to direct staff to take specific actions in furtherance of the recruitment and selection of a new City Manager, Council may wish to give that direction by motion in lieu of approving the Resolution. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION On January 24, 2022, Council reviewed all applicants' materials for City Manager, and Mark McDaniel from the recruitment firm Strategic Government Resources invited the semi-finalists to complete the next stage of the application process. On February 15, 2022, Council discussed the semi-finalists and invited six finalists to advance to the final selection phase. One finalist withdrew from consideration prior to the completion of the final materials required by each finalist. The interview process began virtually on March 7 and continued with an onsite schedule from March 24 to March 26, including Council Member and Council interviews. This Resolution is for selection of a finalist for the City Manager position, with final appointment conditional on the successful negotiation and approval of terms and conditions incorporated in an employment contract. This Resolution also designates two members of Council to discuss with the recruiter retained to support the recruitment and selection process, staff and the named finalist the terms and conditions of an employment agreement. Packet Pg. 217 -1- RESOLUTION 2022-038 OF THE COUNCIL OF THE CITY OF FORT COLLINS SELECTING A CITY MANAGER FINALIST AND DESIGNATING TWO COUNCILMEMBERS TO WORK WITH THE RECRUITMENT TEAM TO DEVELOP PROPOSED TERMS AND CONDITIONS OF A CITY MANAGER EMPLOYMENT AGREEMENT FOR COUNCIL CONSIDERATION WHEREAS, on July 8, 2021, City Manager Darin Atteberry notified the City Council of his intent to resign from his employment as City Manager effective August 20, 2021; and WHEREAS, on August 4, 2021, the City Council adopted Resolution 2021-079, establishing the Ad Hoc City Manager Selection Process Committee (“Committee”) and appointing its members; and WHEREAS, on October 5, 2021, the Council adopted Resolution 2021-091 approving the Committee’s recommendations for the action plan and timeline for the City Manager recruitment and selection; and WHEREAS, on November 16, 2021, the Council adopted Resolution 2021-109, approving recruitment materials for the selection of a City Manager; and WHEREAS, on February 15, 2022, the Council adopted Resolution 2022-034, approving the design and timeline for the interview process for the City Manager selection; and WHEREAS, on March 7, 2022, remote forum and panel interviews were conducted to allow City employees and members of the public to provide input to Council to inform Council’s selection of a new City Manager; and WHEREAS, the Council has now completed an extensive series of interview events during March 24th through 26th, through which Councilmembers individually and collectively have had the opportunity to interview and learn about the five finalists for the city manager position; and WHEREAS, on March 26, 2022, the Council adopted a motion to pause the selection process to allow more time for Councilmembers to consider the selection decision; and WHEREAS, after taking some additional time to consider the candidates and the selection, and as a result of the Council’s consideration of its candidate interviews, input from others who have participated in the forum events and other activities in the selection process, the Council is now prepared to select a finalist for the City Manager position, with whom the discussion and negotiation of terms and conditions of employment will now proceed; and WHEREAS, included in the adopted plan for the City Manager recruitment and selection process is the designation of Councilmembers to assist the recruiter retained by the City to support the recruitment and selection process, with the support of the Human Resources Executive, to discuss and negotiate proposed terms and conditions of employment to be included Packet Pg. 218 -2- in an employment agreement that will ultimately be presented to the City Council for approval; and WHEREAS, this Resolution designates two Councilmembers to work with the recruitment team in the discussion and negotiation of proposed employment terms and conditions with the selected finalist for the City Manager position. 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 Council hereby selects and designates _______________________ as the final City Manager candidate, with whom negotiations of proposed terms and conditions of an employment agreement will promptly proceed. Section 3. That the Council hereby designates ____________________ and _____________________ to work with the recruitment team to develop proposed terms and conditions of an employment agreement for the City Manager position, with such agreement to be presented for City Council consideration on June 21, 2022, if ready for consideration by that time. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th day of June, A.D. 2022. Mayor ATTEST: City Clerk Packet Pg. 219