HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 01/03/2017 - COMPLETE AGENDACity of Fort Collins Page 1
Wade Troxell, Mayor City Council Chambers
Gerry Horak, District 6, Mayor Pro Tem City Hall West
Bob Overbeck, District 1 300 LaPorte Avenue
Ray Martinez, District 2 Fort Collins, Colorado
Gino Campana, District 3
Kristin Stephens, District 4 Cablecast on FCTV Channel 14
Ross Cunniff, District 5 and Channel 881 on the Comcast cable system
Carrie Daggett Darin Atteberry Wanda Winkelmann
City Attorney City Manager City Clerk
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial
711 for Relay Colorado) for assistance.
Regular Meeting
January 3, 2017
(amended 12/30/16)
Proclamations and Presentations
5:30 p.m.
A. Proclamation Declaring January as Slavery and Human Trafficking Prevention Month.
B. Proclamation Declaring January 3, 2017, as Vince DeChand Day.
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
CALL MEETING TO ORDER
ROLL CALL
AGENDA REVIEW: CITY MANAGER
City Manager Review of Agenda.
City of Fort Collins Page 2
Consent Calendar Review
This Review provides an opportunity for Council and citizens to pull items from the
Consent Calendar. Anyone may request an item on this calendar be “pulled” off the
Consent Calendar and considered separately.
o Council-pulled Consent Calendar items will be considered before Discussion
Items.
o Citizen-pulled Consent Calendar items will be considered after Discussion
Items.
CITIZEN PARTICIPATION
Individuals may comment regarding items scheduled on the Consent Calendar and items not
specifically scheduled on the agenda. Comments regarding land use projects for which a development
application has been filed should be submitted in the development review process** and not to the
Council.
Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping
purposes).
All speakers will be asked by the presiding officer to identify themselves by raising their hand,
and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for
those who are not able to stand while waiting).
The presiding officer will determine and announce the length of time allowed for each speaker.
Each speaker will be asked to state his or her name and general address for the record, and to
keep comments brief. Any written comments or materials intended for the Council should be
provided to the City Clerk.
A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of
speaking time remain, and will beep again and turn red when a speaker’s time to speak has
ended.
[**For questions about the development review process or the status of any particular development,
citizens should consult the Development Review Center page on the City’s website at
fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]
CITIZEN PARTICIPATION FOLLOW-UP
Consent Calendar
The Consent Calendar is intended to allow the City Council to spend its time and energy on the
important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone
may request an item on this calendar to be "pulled" off the Consent Calendar and considered
separately. Agenda items pulled from the Consent Calendar will be considered separately under
Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with
one vote. The Consent Calendar consists of:
● Ordinances on First Reading that are routine;
● Ordinances on Second Reading that are routine;
● Those of no perceived controversy;
● Routine administrative actions.
City of Fort Collins Page 3
1. Consideration and Approval of the Minutes of the December 6, 2016 Regular Council Meeting and
the December 13, 2016, Adjourned Council Meeting.
The purpose of this item is to approve the minutes from the December 6, 2016, Regular Council
meeting and the December 13, 2016, Adjourned Council meeting.
2. Second Reading of Ordinance No. 138, 2016, Designating the Howell Property Located at 519 East
Mulberry Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the
Code of the City of Fort Collins.
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be
considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2015-091.
This Ordinance, unanimously adopted on First Reading on December 20, 2016, designates the
Howell property, located at 519 East Mulberry Street, as a Fort Collins Landmark. The owner of this
property, Housing Catalyst, formerly the Fort Collins Housing Authority, is initiating this request.
3. Second Reading of Ordinance No. 139, 2016, Designating the Kimball Property Located at 608 and
608 ½ South Grant Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter
14 of the Code of the City of Fort Collins.
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be
considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2015-091.
This Ordinance, unanimously adopted on First Reading on December 20, 2016, designates the
Kimball Property, located at 608 and 608 ½ South Grant Avenue, as a Fort Collins Landmark. The
owner of this property, Housing Catalyst, formerly the Fort Collins Housing Authority, is initiating this
request.
4. Second Reading of Ordinance No. 140, 2016, Designating the Schroeder/McMurry Property Located
at 701 Mathews Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of
the Code of the City of Fort Collins.
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be
considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2015-091.
This Ordinance, unanimously adopted on First Reading on December 20, 2016, designates the
Schroeder/McMurry property, located at 701 Mathews Street, as a Fort Collins Landmark. The owner
of this property, Housing Catalyst, formerly the Fort Collins Housing Authority, is initiating this
request.
5. Second Reading of Ordinance No.141, 2016, Designating the Wilhelm Property Located at 717 and
717 ½ West Mulberry Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter
14 of the Code of the City of Fort Collins.
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be
considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2015-091.
This Ordinance, unanimously adopted on First Reading on December 20, 2016, designates the
Wilhelm Property, located at 717 and 717 ½ West Mulberry Street, as a Fort Collins Landmark. The
owner of this property, Housing Catalyst, formerly the Fort Collins Housing Authority, is initiating this
request.
City of Fort Collins Page 4
6. Second Reading of Ordinance No. 142, 2016, Approving and Authorizing the Mayor to Execute
Amendment Number One to the Intergovernmental Agreement Between the City and Larimer
County Regarding Cooperation on Managing Urban Development Within the Fort Collins Growth
Management Area and Amending the Boundaries of the Fort Collins Growth Management Area.
This Ordinance, unanimously adopted on First Reading on December 20, 2016, amends the
Intergovernmental Agreement (IGA) with Larimer County regarding the Growth Management Area
(GMA) boundary to ratify the same boundary agreed to by the City of Fort Collins and the Town of
Timnath.
7. Resolution 2017-001 Approving Revised Fees for Fort Collins Police Services' Criminal Justice
Records.
The purpose of this item is to propose a new fee schedule for Police Services for criminal justice
records. The existing fee schedule has been in existence since 2008 and the proposed adjustments
are necessary to keep up with the change in technology and staff expenses. In addition, the staff is
proposing to begin charging the public for Vehicle Identification Number (VIN) Verifications to reflect
actual costs incurred by staff. Currently, this is a free service, while a neighboring agency charges
double the amount being proposed.
8. Resolution 2017-002 Authorizing the City Manager to Execute an Intergovernmental Agreement with
the State Board of the Great Outdoors Colorado Trust Fund Regarding Poudre River and Floodplain
Habitat Restoration at Kingfisher Point Natural Area.
The purpose of this item is to approve a contractual agreement with Great Outdoors Colorado
(GOCO) to receive a $100,000 grant in support of the Natural Areas Department’s (NAD) Poudre
River and floodplain habitat restoration at Kingfisher Point Natural Area scheduled for construction in
2017. The award was made by the GOCO Board of Directors on December 8, 2016. A draft
agreement and Resolution is due to GOCO on January 9, 2017 with a final formalized agreement by
February 6, 2017. Under the terms of the grant all work must be completed by December 2018.
NAD is confident it can meet that deadline.
9. Resolution 2017-003 Making Appointments to Various Boards and Commissions of the City of Fort
Collins.
THIS ITEM WAS AMENDED ON 12/30/16 TO INCLUDE ADDITIONAL APPOINTMENTS
The purpose of this item is to appoint individuals to fill vacancies that currently exist on various
boards, commissions, and authorities due to resignations of board members and vacancies to be
created upon the expiration of terms of current members. Applications were solicited from October
through December. Council teams interviewed applicants during November and December. This
Resolution appoints individuals to fill current vacancies and expiring terms.
This Resolution does not fill all vacancies. Interviews are continuing, and any remaining vacancies
will be advertised as needed.
END CONSENT
CONSENT CALENDAR FOLLOW-UP
This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent
Calendar.
STAFF REPORTS
A. Regional Wasteshed Coalition (staff: Honore Depew)
City of Fort Collins Page 5
COUNCILMEMBER REPORTS
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
Discussion Items
The method of debate for discussion items is as follows:
● Mayor introduces the item number, and subject; asks if formal presentation will be
made by staff
● Staff presentation (optional)
● Mayor requests citizen comment on the item (three minute limit for each citizen)
● Council questions of staff on the item
● Council motion on the item
● Council discussion
● Final Council comments
● Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all citizens have an opportunity to speak. Please sign in at the table in the back of the room.
The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again
at the end of the speaker’s time.
10. Items Relating to the Submission of Charter Amendments to a Vote of the Registered Electors of the
City at the April 4, 2017, Regular Municipal Election. (staff: Wanda Winkelmann, Rita Knoll, Carrie
Daggett; 5 minute staff presentation; 20 minute discussion)
A. Possible Public Hearing and Motions Regarding Protest(s) of Ballot Language.
B. First Reading of Ordinance No. 001, 2017, Submitting to a Vote of the Registered Electors of the
City of Fort Collins a Proposed Amendment to Section 7 of Article VIII of the City Charter
Pertaining to the Date of Certification of Election Results (the “Canvass”), Proposed Amendments
to Section 1 (d) and Section 4 of Article II of the City Charter Pertaining Respectively to the
Timing of the Council Organizational Meeting Following an Election, and when Councilmember
Terms of Office Begin.
C. First Reading of Ordinance No. 002, 2017, Submitting to a Vote of the Registered Electors of the
City of Fort Collins a Proposed Amendment to Section 11 of Article II of the City Charter
Pertaining to the Process for Cancelling a Council Meeting.
D. First Reading of Ordinance No. 003, 2017, Submitting to a Vote of the Registered Electors of the
City of Fort Collins a Proposed Amendment to Section 9 of Article IV of the City Charter
Pertaining to Conflicts of Interest and Certain Prohibited Sales to the City.
E. First Reading of Ordinance No. 004, 2017, Submitting to a Vote of the Registered Electors of the
City of Fort Collins a Proposed Amendment to Section 1 of Article VII of the City Charter
Pertaining to Appointment of Municipal Judges.
The purpose of these items is to submit various Charter amendments to the voters in April that will:
(1) change the deadline for final certification of an election so that the City may implement signature
verification, and corresponding changes to the date of the Council organizational meeting and the
beginning of Councilmember terms of office; (2) outline a process for the cancellation of a Council
meeting in the event of unforeseen circumstances (i.e., weather, natural disasters, emergencies); (3)
clarifying when City officials and employees, and their relatives, have a conflict of interest in a sale of
property or services to the City concerning which sale the officer or employee has decision-making
or supervisory authority; and (4) to allow the Council to appoint additional Municipal Judges and to
designate a Chief Municipal Judge.
City of Fort Collins Page 6
Any protest of the proposed ballot language must be received no later than Tuesday, January 3, at
noon. The protest(s) shall be heard, considered, and resolved by Council prior to adoption of
Ordinances No. 001, 002, 003 and 004, 2017. If protest(s) are received, copies will be included in
Council’s “Read-before” packet.
11. Items Relating to City Elections. (staff: Wanda Winkelmann, Rita Knoll, Carrie Daggett; 5 minute
staff presentation; 20 minute discussion)
A. First Reading of Ordinance No. 005, 2017, Amending Chapter 7 of the Code of the City of Fort
Collins to Amend Requirements and Procedures for City Elections.
B. Resolution 2017-004 Establishing a Council Election Code Committee and Appointing its
Members.
The purpose of this item is to adopt changes to Chapter 7 of the City Code as recommended by the
ad hoc Council Committee and the City Clerk and to create a Council Election Code Committee.
12. Resolution 2017-005 Expressing Support for the Mayors National Climate Action Agenda's Open
Letter to President-Elect Donald Trump on Climate Action. (staff: Lindsay Ex, Jeff Mihelich, Jackie
Kozak-Thiel, Lucinda Smith; no staff presentation; 15 minute discussion)
The purpose of this item is to consider a resolution endorsing and supporting the Mayors National
Climate Action Agenda (MNCAA) open letter to President-elect Donald Trump on climate action.
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
OTHER BUSINESS
A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances not
originating from the Council's Policy Agenda or initiated by staff.)
ADJOURNMENT
Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business
commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City
Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of
considering additional items of business. Any matter which has been commenced and is still pending
at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting
which have not yet been considered by the Council, will be continued to the next regular Council
meeting and will be placed first on the discussion agenda for such meeting.
PROCLAMATION
WHEREAS, President Obama has declared January the National Slavery and Human
Trafficking Prevention Month; and
WHEREAS, human trafficking is the fastest growing criminal industry in the world; and
WHEREAS, the Rocky Mountain Innocence Lost Task Force recovered 97 minors from
sex trafficking along the Front Range in 2016, including kids from Larimer County; and
WHEREAS, the Larimer County Anti-Trafficking Community Response Team,
comprised of law enforcement, service providers, educators, health professionals, etc. has
worked within the National “4P” Protocol for 3 years, addressing Prevention, Protection,
Prosecution, and Partnership; and
WHEREAS, local stakeholders including Non-Governmental Organizations (NGOs),
service clubs, faith communities, Colorado State University clubs, and citizens have formed the
Concerned Citizens Against Human Trafficking, meeting quarterly for 2 years in efforts to
collaborate and educate the Fort Collins community.
NOW, THEREFORE, I Mayor of the City of Fort Collins, do proclaim the month of
January
SLAVERY AND HUMAN TRAFFICKING
PREVENTION MONTH
in Fort Collins and call upon our citizens to help prevent and end human trafficking.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 3rd day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
Packet Pg. 7
PROCLAMATION
WHEREAS, Vince DeChand, owner of Counterfeit Press, has provided the City of Fort
Collins the service of printing City Council’s agendas for 46 years; and
WHEREAS, beginning in 1972, Vince managed Larimer County’s Print Shop for eight
years, printing 76 copies of City Council’s agendas every two weeks, along with many other
County print jobs; and
WHEREAS, when Vince left employment with Larimer County to open his own print
shop in Campus West in 1980, prior to moving his business into his home in 1982, the City
continued to use Vince for this specialized job because of his familiarity with Council agendas;
and
WHEREAS, throughout these many years, Vince has provided exemplary service,
including pickup, overnight printing, sometimes going without sleep to get the job done, and
delivery to the City Clerk’s office by 7:30 a.m. the next morning; and
WHEREAS, Vince became so familiar with the format of the agenda that he often
caught errors such as duplicate attachments and out-of-order pages, and questioned other items
that “just didn’t look quite right” and called Clerk staff members to alert them to the error and to
offer any service he could to rectify the problem; and
WHEREAS, Vince, who has never missed printing an estimated 1,200 City Council
agendas in 46 years, has decided to retire.
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
declare January 3, 2017 as
VINCE DECHAND DAY
I commend your exceptional service to the City and wish you all the best in your retirement.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 3rd day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
Packet Pg. 8
Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY January 3, 2017
City Council
STAFF
Wanda Winkelmann, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the December 6, 2016 Regular Council Meeting and the
December 13, 2016, Adjourned Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the December 6, 2016, Regular Council meeting and
the December 13, 2016, Adjourned Council meeting.
ATTACHMENTS
1. December 6, 2016 (PDF)
2. December 13, 2016 (PDF)
1
Packet Pg. 9
City of Fort Collins Page 172
December 6, 2016
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Staff: Darin Atteberry, Daggett, Winkelmann
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated Consent Agenda Item No. 7, Resolution 2016-089 Stating the
Intent of the City of Fort Collins to Annex Certain Property and Initiating Enclave Annexation
Proceedings for Such Property to be Known as the Rennat Annexation, has been withdrawn due
to an incorrect legal description in the Resolution. Also, a motion to adjourn to December 13 has
been added to the agenda.
Eric Sutherland withdrew Item No. 6, Items Relating to Capital Improvement Expansion Fees,
from the Consent Agenda.
CITIZEN PARTICIPATION
Bob Kost opposed short term rentals in neighborhoods.
Eric Sutherland discussed Item No. 8, Resolution 2016-090 Authorizing the Execution of an
Intergovernmental Agreement Between the City of Fort Collins and the Town of Timnath
Defining the Responsibility for the Future Construction of Larimer County Road 5/Main Street
Adjacent to Serratoga Falls Subdivision, stating it is illegal to obligate a future Council to
appropriate and expend money.
Liz Derbyshere opposed short term rentals in neighborhoods.
Andrew Bondi discussed a new organization called Fort Collins for Progress, formed to bring
members of the community together to engage in local policy making.
Glen Akins stated he is on the broadband citizens’ committee and supported the retail model.
Lacey Brunmeyer discussed Fort Collins for Progress and thanked Council for its work.
James K. Lane stated he is on the broadband citizens’ committee and encouraged the placement
of an item on the April ballot regarding broadband. He supported the creation of a fifth public
utility for broadband and suggested the City should design, build, and own the conduit
infrastructure and the fiber optic infrastructure.
Jana Newman requested Council stand in solidarity against racism and hatred in the community.
Teresa Egbert expressed concern about the safety of the city’s drinking water with regard to
fluoride.
1.1
Packet Pg. 10
Attachment: December 6, 2016 (5125 : minutes-12/6. 12/13)
December 6, 2016
City of Fort Collins Page 173
Paul Anderson questioned why the U + 2 ordinance is now being reviewed.
Mike Pruznick discussed human rights, the use of GPS on mosquito spraying trucks, the Federal
Railroad Administration meeting, and the overall culture issues within the City organization.
Thomas Edwards thanked Fort Collins Police for their upstanding work and stated the U + 2
ordinance has improved neighborhoods.
CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Cunniff expressed concern about the terms of the U + 2 study and noted a work
session on the topic will occur on December 13. He requested statistics on nuisance violations
and housing costs.
Councilmember Campana noted staff has been travelling to other communities to research
broadband. Council needs to examine the U + 2 issue as it has been brought forth by community
members. He requested information regarding the City’s police policies in dealing with
immigration. Police Chief John Hutto replied the policy is to first create an atmosphere of trust
within the community with a focus on criminality; however, nothing in the policy prevents
Police Services from cooperating with federal immigration officials. Immigration status is not
used as a basis to detain, stop or arrest individuals.
Councilmember Martinez noted the Sherriff’s Office is usually charged with dealing with any
illegal immigrants who are arrested or detained as part of a regular traffic stop or other offense.
Councilmember Stephens stated she is looking forward to working with Fort Collins for
Progress. Council will be looking at all sides of the U + 2 topic before any changes are made.
She discussed the due diligence efforts of City staff regarding broadband.
Councilmember Martinez reiterated the importance of a balanced approach in looking at U + 2.
Mayor Pro Tem Horak noted the U + 2 issue is a study and no suggested action is currently
recommended. He commented on the staff response to Ms. Egbert’s comments regarding the
City’s policies around fluoride.
Councilmember Cunniff asked about neighborhood involvement and attendance at meetings
regarding the U + 2 issue. He was in attendance at a meeting with the study funding partners,
but no neighborhood meetings have been held yet.
Mayor Troxell noted the broadband issue will be discussed on December 20.
CONSENT CALENDAR
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Agenda.
1.1
Packet Pg. 11
Attachment: December 6, 2016 (5125 : minutes-12/6. 12/13)
December 6, 2016
City of Fort Collins Page 174
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
1. Consideration and Approval of the Minutes of the November 1 and November 15, 2016,
Regular Council Meetings and the November 29, 2016 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the November 1 and November 15, 2016
Regular Council meetings and the November 29, 2016 Adjourned Council meeting.
2. Second Reading of Ordinance No. 127, 2016, Appropriating Prior Year Reserves in the
General Fund for the Purpose of Equipment Upgrades for FCTV. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 15, 2016, transfers $30,000 in
restricted PEG funds from FCTV (Cable 14) reserves to 2016 Budget to cover needed equipment
upgrades.
3. Items Relating to the Completion of the 2016 Fall Cycle of the Competitive Process for
Allocating City Financial Resources to Affordable Housing Activities Utilizing Funds from the
Federal Community Development Block Grant (CDBG) Program, Federal HOME Investment
Partnership (HOME), and the City's Affordable Housing Fund (AHF). (Adopted)
A. Second Reading of Ordinance No. 128, 2016, Appropriating Unanticipated Revenue in the
Community Development Block Grant Fund.
B. Second Reading of Ordinance No. 129, 2016, Appropriating Unanticipated Revenue in the HOME
Investment Partnerships Fund.
These Ordinances, unanimously adopted on First Reading on November 15, 2016, appropriate an
adjustment of to the FY2016 HOME Participating Jurisdiction Grant from the Department of Housing
and Urban Development (HUD) and Community Development Block Grant (CDBG) Program Income
from FY2015.
4. Second Reading of Ordinance No. 130, 2016, Amending Certain Labeling and Testing
Provisions of the Code of the City of Fort Collins Related to Retail Marijuana Businesses to
Eliminate Duplication of and Conflict with State Law. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 15, 2016, repeals marijuana
testing provisions in the City Code to be in conformity with state law.
5. Second Reading of Ordinance No. 131, 2016, Declaring Certain City-Owned Property as Road
Right-of-Way for Timberline Road. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 15, 2016, declares Tract B of
Community Recycle Center Subdivision, which is owned by the City, as road right-of-way. The
Timberline Road project is currently being constructed on the property. The City owns a parcel of
property located at the southwest corner of Timberline Road and Prospect Road. In 2015, the City
designed ultimate improvements for Timberline Road across a portion of the City’s property. This
Ordinance officially establishes this portion needed for Timberline Road on the City’s property as
public road right-of-way.
1.1
Packet Pg. 12
Attachment: December 6, 2016 (5125 : minutes-12/6. 12/13)
December 6, 2016
City of Fort Collins Page 175
6. Resolution 2016-089 Stating the Intent of the City of Fort Collins to Annex Certain Property
and Initiating Enclave Annexation Proceedings for Such Property to be Known as the Rennat
Annexation. (Withdrawn)
This is a City-initiated request to annex 57.83 acres at 6015 South Timberline Road into the City of
Fort Collins. The parcel became an enclave with the annexation of the Hansen Farm Annex on May
21, 2013. As of May 21, 2016, the City became authorized to annex the enclave by ordinance in
accordance with State Statute 31-12-106. The Rennat Annexation abuts the Union Pacific Railway
and Southridge Golf Course to the west. The requested zoning for this annexation is the Low Density
Mixed-Use (LMN) zone district, which is in consistent with the City of Fort Collins Structure Plan.
The surrounding properties are existing residential, educational, and agricultural land uses in the City
of Fort Collins. The property owner has expressed no objections to the annexation.
The proposed Resolution makes a finding that the property at issue has been completely contained
within the boundaries of the City for not less than three years, initiates annexation proceedings, sets
a hearing date for the annexation ordinance and directs the City Clerk to publish notice. The hearing
will be held at the time of first reading of the annexation and zoning ordinances; not less than thirty
days of prior notice is required by state law.
7. Resolution 2016-090 Authorizing the Execution of an Intergovernmental Agreement Between
the City of Fort Collins and the Town of Timnath Defining the Responsibility for the Future
Construction of Larimer County Road 5/Main Street Adjacent to Serratoga Falls Subdivision.
(Adopted)
The purpose of this item is to authorize the Mayor to execute an Intergovernmental Agreement (IGA)
with the Town of Timnath defining the responsibility for the future construction of Main Street/CR5
adjacent to Serratoga Falls Subdivision. Timnath approved Serratoga Falls Subdivision along, and
immediately adjacent to, Main Street/Larimer County Road 5, north of Prospect Road. Timnath
entered into a Subdivision Improvement Agreement with the developers of Serratoga Falls requiring
the Developers to improve Main Street/CR5 per the Timnath Land Development Code. Portions of
Main Street/CR5 lie within Timnath’s jurisdiction, and portions lie within Fort Collins’ jurisdiction. Both
the Town and the City seek to have Main Street/CR5 improved to comparable standards and cross-
sections for an ultimate four lane arterial.
8. Resolution 2016-091 Making Appointments to Various Boards, Commissions and Authorities
of the City of Fort Collins. (Adopted)
The purpose of this item is to appoint individuals to fill vacancies that currently exist on various
boards, commissions, and authorities due to resignations of board members and vacancies to be
created upon the expiration of terms of current members. Back up candidates are occasionally
recommended by Council during the application process. Applications were solicited during
September and October. Council teams interviewed applicants during October and November. This
Resolution appoints individuals to fill current vacancies and expiring terms.
This Resolution does not fill all vacancies. Interviews are continuing, and any remaining vacancies
will be advertised as needed.
END CONSENT
COUNCILMEMBER REPORTS
Councilmember Overbeck reported on the National League of Cities conference and a meeting
with Zagster in which free bicycle subscriptions for low income residents was discussed. He
also discussed a meeting on heroin addiction and the importance of substance abuse treatment in
the community. He thanked staff for its memo on equity and inclusion.
Councilmember Cunniff reported on the Legislative Review Committee meeting.
1.1
Packet Pg. 13
Attachment: December 6, 2016 (5125 : minutes-12/6. 12/13)
December 6, 2016
City of Fort Collins Page 176
Councilmember Stephens reported on a Rec-to-Tech program and an Inclusive Innovation
program at the National League of Cities.
Councilmember Martinez reported on the Homelessness Human Rights meeting at CSU and the
ASCSU/City Council meeting.
Mayor Pro Tem Horak reported on the ASCSU/Council meeting and a discussion regarding the
possibility of an increase to student fees to help provide Transfort seven days a week. He
discussed the National League of Cities conference and noted the 3rd I-25 climbing lane will
soon be open in Berthoud.
Councilmember Campana discussed the City's Home Efficiency Loan program, noting
homeowners were required to front the money to contractors and then be reimbursed. A new
loan program has been set up through Elevations Credit Union to allow contractors to be paid
directly without homeowners having to front costs. He also discussed the Nature in the City
program and showed a video of turkeys in Pine Ridge Natural Area.
DISCUSSION ITEMS
9. Consideration of Two Appeals of the Planning and Zoning Board Decision to Approve the
Brick Stone Apartments on Harmony Project Development Plan. (Planning and Zoning Board
Decision Upheld, with conditions)
The purpose of this item is to consider two appeals of the Planning and Zoning Board (the “Board”)
decision to approve the Brick Stone Apartments on Harmony Project Development Plan. On October
27, 2016, three appellants, Amanda Morgan, David Agee and David Ramsey filed two separate
Notices of Appeal of the Planning and Zoning Board decision approving the Brick Stone Apartments
on Harmony Project Development Plan.
Appeal No. 1 - Amanda Morgan
This appeal asserts that the Board failed to properly interpret and apply Land Use Code (“LUC”)
Section 1.2.2(C). Specifically, that the access proposed to be shared by Brick Stone and Harmony
Road Apartments creates safety issues for the residents of Harmony Road Apartments.
Appeal No. 2 - David Agee and David Ramsey
This appeal makes the following two assertions:
1. The Board failed to properly interpret and apply LUC Sections 1.2.2 (C), (E), (I), (M), and (N).
Specifically, this appeal raises issues related to traffic safety, pedestrian safety, environmental
impact, and storm drainage.
2. The Board failed to conduct a fair hearing, by considering evidence relevant to its findings which
was grossly misleading. Specifically, the Appellants intend to introduce new testimony (1) from a
traffic engineer that Brick Stone’s traffic study was grossly misleading as to current and future
traffic conditions; and (2) from a stormwater engineer that the Drainage Report for the project
does not address the dangers of building such a project in close proximity to the floodway.
Mayor Troxell provided an overview of Council’s role as a quasi-judicial body for the
consideration of appeals.
City Attorney Daggett reviewed the appeal process.
1.1
Packet Pg. 14
Attachment: December 6, 2016 (5125 : minutes-12/6. 12/13)
December 6, 2016
City of Fort Collins Page 177
Parties-in-interest on both sides of the appeal identified themselves and Mayor Troxell noted the
two appeals will be consolidated in this hearing.
Tom Leeson, Planning, Development and Transportation, provided a project overview of the
Brick Stone Apartments. The proposal is for a 3-story multi-family apartment building
consisting of 116 dwelling units with parking located at 201 East Harmony. The property will
be accessed off Harmony via a shared access drive with the Harmony Road Apartments. The
Planning and Zoning Board approved the project in October and two appeals were subsequently
filed by Amanda Morgan, Harmony Road Apartments, and David Agee and David Ramsey from
Fairway Estates. Leeson summarized the appeal allegations and discussed the staff responses to
the allegations.
Councilmember Cunniff stated he observed the massing and positioning of the existing building
and site plan relative to the drive and the vegetation on the site at the site visit.
Councilmember Overbeck stated he walked the property and observed vegetation during the site
visit.
Councilmember Campana stated he observed the access road, proposed buffer area, and
proposed massing in relation to the existing building at the site visit.
Mayor Troxell stated he observed the shared drive and the general contour of the property at the
site visit.
David Ramsey requested 30 minutes for presentations, rather than 20 minutes.
A member of the applicant team agreed but stated he would like additional time to respond to
any new evidence.
Mayor Troxell noted the applicant team could object to any new evidence.
David Agee stated the appellants will have no new evidence.
Mayor Troxell agreed to allow 30 minutes for presentations.
APPELLANT PRESENTATION
Mandy Morgan, Harmony Road Apartments, stated Harmony Road Apartments houses 24
individuals with physical and neurological disabilities. Residents have assumed the lot in
question would develop as some type of an office use rather than residential and discussed the
use of the drive as an outdoor space for Harmony Road Apartments tenants. Ms. Morgan stated
the drive has become a safe backyard for pet exercise and physical therapy sessions for residents.
She opposed the proposed development primarily due to safety concerns for Harmony Road
Apartments residents.
David Ramsey discussed the history of Fairway Estates and stated a business use would be more
suitable for the location. He discussed the site access off Harmony and detailed safety concerns
related to the corridor and access to sites on the north side of Harmony Road.
1.1
Packet Pg. 15
Attachment: December 6, 2016 (5125 : minutes-12/6. 12/13)
December 6, 2016
City of Fort Collins Page 178
David Agee discussed storm drainage for the project and expressed concern regarding the
stormwater improvement design and the impact of a significant storm event on lives and
property. He stated the land should be a natural area rather than a development, given the
amount of wildlife species which utilize the site.
Kathleen Jones expressed concern regarding pedestrian safety, particularly for disabled citizens
and children. She also expressed concern regarding the development allowing dogs given the
wildlife use of the area.
APPLICANT PRESENTATION
Russ Lee, Ripley Design, discussed the progression of the plan and its response to staff and
neighborhood concerns. He stated the traffic impact study was scoped and approved by City
staff and the project meets all FEMA and Land Use Code flood standards. The applicant far
exceeds its mitigation requirements in terms of landscaping which will improve the habitat.
Regarding the pedestrian safety allegations, Mr. Lee stated no specific Land Use Codes were
cited in the Notices of Appeals. The Harmony Corridor Access Control Plan dictates a shared
access for Harmony Road Apartments and this development and he discussed the pedestrian
safety improvements that will be provided by the project. The traffic impact study concluded all
key intersections will operate acceptably at full build out, trips are approximately half that of a
mixed-use plan, the project meets all transportation requirements of the Land Use Code and
meets the level of service standard for bicycles, pedestrians, and transit.
Eric Bracke, ELB Engineering, discussed the traffic study and stated most U-turns are made in a
safe and reasonable manner and the project complies with applicable access control plans.
APPELLANT REBUTTAL
Mr. Agee stated the Fairway Estates residents are not purporting the land should never been
developed; however, they have safety and environmental concerns. The real-world situation is
dangerous and increased traffic cannot improve safety.
Ms. Morgan continued to express concern regarding safety issues and objected to the proposed
raised sidewalk.
Mr. Agee stated this is the wrong project on the wrong property and requested the appeal be
upheld.
Sandy Hennen stated the area should be a natural area rather than a development given the
wildlife use of the area.
APPLICANT REBUTTAL
Mr. Bracke addressed Ms. Morgan’s concerns regarding traffic use of the drive aisle, noting it is
not a high volume driveway. The affected intersections meet level of service standards.
Nick Haws, Northern Engineering, stated the conversion of sheet flow to concentrated outfall is
an ordinary and customary process. He stated the revised outfall removes any potential
stormwater impacts across Fairway Estates property and noted the project is consistent with
1.1
Packet Pg. 16
Attachment: December 6, 2016 (5125 : minutes-12/6. 12/13)
December 6, 2016
City of Fort Collins Page 179
federal requirements and state law and meets or exceeds all Land Use Code stormwater
regulations.
Mr. Lee discussed the habitat enhancements for the buffer area and stated this project is going to
improve safety in the area.
(Secretary's Note: Council took a brief recess at this point in the meeting.)
Councilmember Cunniff asked about the status of Mail Creek and its mapping. He asked if an
impoundment changes the designation of a stream bed from creek to something else. Pete Wray,
Senior City Planner, replied the aerial image had a label on Mail Creek from Google Earth.
Stephanie Blochowiak, Environmental Planner, stated the City has maps which indicate where
Mail Creek and its tributaries exist. The formation of this particular feature is due to the Larimer
County No. 2 Canal and the New Mercer Ditch, both of which have been piped and daylighted at
this location. Shane Boyle, Stormwater Engineer, stated naturalized creeks are identified via a
CSU study. For Mail Creek specifically, the designation started at the southern face of the Mail
Creek dam, which is downstream of these impoundments. This is not designated as native Mail
Creek from a stormwater standpoint; it is designated as the primary drainage system of the Mail
Creek basin.
Councilmember Cunniff suggested a future improvement for the Land Use Code would be to
designate tributary stream beds more specifically. He asked if the shared drive is already granted
as an easement based on the existing development. Leeson replied in the affirmative.
Councilmember Cunniff asked if there is a way to account for U-turn movements. Martina
Wilkinson, Assistant City Traffic Engineer, replied this traffic impact study looked at the traffic
as if the U-turns might not occur, despite the fact they are legal and permitted. Joe Olson, City
Traffic Engineer, stated U-turns are counted as left turns for turning movement counts.
Councilmember Cunniff asked if there are best practices regarding pedestrian crossings at right-
in, right-out drives. He expressed concern regarding the sight obstruction caused by the existing
building. Wilkinson replied the stop sign typically goes behind the sidewalk to allow for
appropriate sight distance.
Councilmember Cunniff asked if the newest stormwater deceleration, detention, and settling
technologies will be used. Boyle replied in the affirmative.
Councilmember Cunniff asked about the staff assessment of the proposed change in the location
and direction of outflow. Boyle replied the size of the outfall did not change, just the location,
and staff has approved the design.
Councilmember Martinez asked how many streets exist in Fort Collins where U-turns are
required due to right-in, right-out movements. Wilkinson replied it is not an unusual design and
it is one of the strategies used as infill projects occur. The strategy is also safer than allowing left
turns across traffic in more locations.
Councilmember Martinez asked what type of use generates more traffic. Wilkinson replied
commercial or office uses typically generate more traffic.
1.1
Packet Pg. 17
Attachment: December 6, 2016 (5125 : minutes-12/6. 12/13)
December 6, 2016
City of Fort Collins Page 180
Councilmember Martinez asked about the number of accidents related to U-turns. Wilkinson
replied there were no reported crashes related to U-turns at Harmony and College, one at JFK
Parkway and Harmony, and zero at College and Palmer in the last six years.
Councilmember Martinez asked about the level of service at the Harmony and College
intersection. Wilkinson replied it is at a level of service D, which meets standards.
Councilmember Martinez asked about the funding source for the new bus stop. Wilkinson
replied the developer will fund the new bus stop. Transfort has requested a stop with a bus pull-
out; the stop will meet all Transfort and ADA standards.
Councilmember Martinez asked about the raised crosswalk. Wilkinson replied the intent is to
ensure low vehicular speeds in the shared access drive. Mr. Lee replied it is not in the planning
documents but it something the applicant is willing to add for safety reasons; it will act to slow
traffic. The neighboring property did not request it.
Councilmember Stephens asked if the crosswalk would be wide enough for a wheel chair. Mr.
Lee replied in the affirmative.
Councilmember Martinez asked about the project meeting FEMA and City standards. Boyle
replied the project meets or exceeds all FEMA and Fort Collins standards.
Councilmember Overbeck asked if the crosswalk would accommodate someone in a wheelchair
with a service dog. Mr. Lee replied in the affirmative.
Councilmember Overbeck asked if walking or movement speeds are tracked at crosswalks.
Wilkinson replied community areas with special needs can be addressed on a case-by-case basis.
In this case, Traffic Operations staff has met with Harmony Road Apartments residents regarding
the intersection at Harmony and JFK and has made changes to that intersection as a result.
Councilmember Overbeck discussed the importance of emphasizing inclusivity and equity
regarding the proposed development.
Councilmember Overbeck asked if stormwater modeling was done. Boyle replied hydrologic
modeling is required as part of any development and stated Fort Collins' standards are more
stringent than any other Front Rage community.
Councilmember Martinez asked about the potential impact of the development on existing
wildlife species. Aaron James, Cardno, stated existing wildlife is common in urban
environments and the proposed project and buffer will not impact the ponds; there will be a net
benefit of vegetative resources.
Councilmember Overbeck asked Mr. James if he has any accounting of wildlife species using the
area. Mr. James replied the only accounting done for the ecological characterization study
involves a consultation with the U.S. Fish and Wildlife Service and Colorado Natural Heritage
Program.
Councilmember Overbeck asked if the proposed development would reduce the ability of
wildlife to find refuge in the area. Mr. James replied in the negative, noting the existing species
are urbanized.
1.1
Packet Pg. 18
Attachment: December 6, 2016 (5125 : minutes-12/6. 12/13)
December 6, 2016
City of Fort Collins Page 181
Councilmember Stephens asked the applicant team if they met with Harmony Road Apartments
residents. Mr. Lee replied mailings went out per the APO list and City requirements and two
general neighborhood meetings were held.
Councilmember Campana asked if the APO list shows Harmony Road Apartments as one
address or multiple. Mr. Lee replied it is one address and a representative from the apartments
was at one of the meetings.
Councilmember Stephens asked the applicant team if the developer would be responsible for all
snow removal in the shared drive. Mr. Lee replied in the affirmative.
Councilmember Stephens requested residents of the new project be made aware of the mobility
issues of the neighboring apartments. Ben Massimo, developer, replied the project will be fully
managed and residents will be made aware of neighboring properties. He stated three of the
units will be fully handicap-accessible and all other units will be convertible.
Councilmember Overbeck asked if signage could be posted regarding impairments of residents
and asked if the lighting plan is sufficient for individuals with disabilities. Mr. Lee replied
signage is possible and the applicant will work with staff. Regarding lighting, he stated the site
plan meets the Land Use Code as far as illumination.
Councilmember Cunniff asked if Dial-a-Ride front door service would change. Leeson replied
there is no reason that should change. Laurie Kadrich, Planning, Development and
Transportation Director, replied Dial-a-Ride is contracted for front door service.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, that the Planning
and Zoning Board conducted a fair hearing in its consideration of the Brick Stone Apartments on
Harmony PDP160019 and did not consider evidence relative to its decision that was substantially
false or grossly misleading, and further that the Agee/Ramsey appeal alleging the Planning and
Zoning Board did not conduct a fair hearing is hereby found to be without merit and is denied.
RESULT: PLANNING AND ZONING BOARD HELD A FAIR HEARING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Councilmember Campana made a motion, seconded by Councilmember Martinez, to uphold the
decision of the Planning and Zoning Board approving the Brick Stone Apartments on Harmony
PDP160019 because the Board properly interpreted and applied the provisions of the City Code
and Land Use Code and both the Morgan and Agee/Ramsey appeal are hereby found to be
without merit and are denied.
Councilmember Campana commended the idea of the raised crosswalk but suggested Harmony
Road Apartments residents be contacted regarding that. Additionally, he suggested a temporary
construction access point which does not utilize the shared access drive.
1.1
Packet Pg. 19
Attachment: December 6, 2016 (5125 : minutes-12/6. 12/13)
December 6, 2016
City of Fort Collins Page 182
Councilmember Campana stated the storm drainage issue has been adequately addressed and
stated the traffic and roadway improvements provided by the project will increase safety in the
area.
Councilmember Cunniff commended the LID vaults and stormwater treatments as state of the art
and effective. He questioned the location of the raised sidewalk and stated there is some
ambiguity around what constitutes Mail Creek as a Fossil Creek tributary.
Councilmember Campana commented on the placement of the raised crosswalk and noted the
buffer is a recommended distance which fluctuates given the meandering of the stream.
Blochowiak stated the project meets all standards for buffers and any necessary mitigation.
Councilmember Cunniff asked if plantings will obscure the buildings when looking from the
pond area. Leeson replied in the affirmative.
Councilmembers discussed the raised crosswalk, the relocation of the discharge point, temporary
construction access, signage and lighting.
Councilmember Campana suggested upholding the decision of the Planning and Zoning Board
with those issues being addressed by staff at final plan level.
Councilmembers Campana and Martinez withdrew their motion.
Councilmember Campana made a motion, seconded by Councilmember Martinez, to add the
following conditions to Council's upholding of the Planning and Zoning Board's approval of the
Brick Stone Apartments on Harmony PDP160019: adding a raised crosswalk, revise the
discharge location to be on property, create a temporary construction access, and develop
signage and lighting appropriate for the neighboring property. He further moved that, except as
so stated based on the evidence in the record and presented at this hearing, the Morgan and
Agee/Ramsey appeals are hereby found to be without merit and are denied.
Mayor Pro Tem Horak expressed appreciation for the civility of speakers on both sides of the
issue.
Councilmember Campana agreed with Mayor Pro Tem Horak and expressed appreciation for the
speakers from Harmony Road Apartments.
Councilmember Martinez stated the new project should provide improvements for Harmony
Road Apartments residents.
Councilmember Stephens stated the project will improve safety.
Councilmember Overbeck thanked the developers for their willingness to compromise on issues.
Mayor Troxell expressed appreciation for the appellants and willingness of the applicants to
improve safety in the area.
1.1
Packet Pg. 20
Attachment: December 6, 2016 (5125 : minutes-12/6. 12/13)
December 6, 2016
City of Fort Collins Page 183
RESULT: PLANNING AND ZONING BOARD DECISION UPHELD, WITH CONDITIONS
[UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
10. First Reading of Ordinance No. 133, 2016, Adopting the 2017 Classified Employees Pay Plan.
(Adopted on First Reading)
The purpose of this item is to recommend changes to the City's Classified Employee Pay Plan based
on results of the annual market analysis. The City of Fort Collins utilizes a common compensation
methodology to assess jobs, combine them into occupational groups and establish pay range
structures. The result of this work is a Classified Employee Pay Plan which sets the minimum,
midpoint and maximum of pay ranges within each occupational group. Each year, staff conducts a
detailed analysis of benchmark data to determine if the market is moving sufficiently to recommend
structure adjustments. Actual employee pay increases are awarded through a separate
administrative process in accordance with the budgeted amount approved by Council. As a result of
the market analysis, staff is recommending a 2.5% structure adjustment for all Skill Based/Step Level
Jobs in the Classified Employee Pay Plan and no movement for Open Pay Range positions.
Teresa Roche, Chief Human Resources Officer, outlined the steps taken by the City to establish
its pay plan annually. Open pay ranges will not move this year; however, step pay ranges will
move.
Councilmember Stephens asked if there is a maximum raise someone could receive within a pay
range. Kelly DiMartino, Assistant City Manager, replied that is determined by the individual’s
supervisor; however, raises cannot go above the 2.5% budget allocation.
Councilmember Stephens asked if cost of living adjustments are made. DiMartino replied in the
negative.
Councilmember Cunniff asked about the distance from market regarding employee-only
benefits. Roche replied the decision was made not to increase the premiums for employee-only
plans as an incentive for that plan type.
Councilmember Cunniff asked if shifting between family and employee-only plans is
incentivized under the City’s market policy. DiMartino stated the definition of “market” for
benefits is more complex than for compensation. She stated staff will be returning with
additional analytics.
Councilmember Cunniff requested information about the overall net budget amount increase for
pay and compensation figures and an itemized list of positions and pay increases for each.
Roche confirmed those reports will be sent to Council soon.
Councilmember Overbeck asked about the lowest hourly wage earners. DiMartino replied some
are at minimum wage.
Councilmember Overbeck suggested that should be increased.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 133, 2016, on First Reading.
1.1
Packet Pg. 21
Attachment: December 6, 2016 (5125 : minutes-12/6. 12/13)
December 6, 2016
City of Fort Collins Page 184
RESULT: ORDINANCE NO. 133, 2016, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Motion to Extend the Meeting
Councilmember Cunniff made a motion, seconded by Councilmember Campana, to extend the
meeting past 10:30 PM in order to consider remaining agenda items.
RESULT: ADOPTED [6 TO 1]
MOVER: Ross Cunniff, District 5
SECONDER: Gino Campana, District 3
AYES: Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
NAYS: Martinez
12. Items Relating to the Employment of the Municipal Judge. (Adopted on First Reading)
A. Resolution 2016-092 Reappointing Kathleen M. Lane as Municipal Judge and Authorizing the
Thirteenth Addendum to the Judge’s Employment Agreement.
B. First Reading of Ordinance No. 134, 2016, Amending Section 2-606 of the Code of the City of
Fort Collins and Setting the Compensation of the Municipal Judge.
The purpose of this item is to reappoint Kathleen M. Lane as Municipal Judge and establish
compensation for 2017. City Council met in executive session on November 29, 2016, to conduct
the performance review of Municipal Judge Kathleen M. Lane. Resolution 2016-093 reappoints
Judge Lane for another two-year term to expire December 31, 2018 and authorizes the Mayor to
execute an addendum to the Judge’s employment agreement to reflect the change in term.
Ordinance No. 134, 2016, establishes the 2017 compensation of the Municipal Judge.
Janet Miller, Human Resources, presented information regarding market data and the City’s
desire to include employee performance and remain competitive.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt
Resolution 2016-092.
Councilmember Martinez commended Judge Lane on her work.
RESULT: RESOLUTION 2016-092 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt
Ordinance No. 134, 2016, on First Reading, with the amounts of $117,152 and $144,568 inserted
as appropriate and to be effective January 1, 2017.
Councilmember Cunniff thanked Judge Lane for her outstanding work.
1.1
Packet Pg. 22
Attachment: December 6, 2016 (5125 : minutes-12/6. 12/13)
December 6, 2016
City of Fort Collins Page 185
RESULT: ORDINANCE NO. 134, 2016, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
13. First Reading of Ordinance No. 135, 2016, Amending Section 2-581 of the Code of the City of
Fort Collins and Setting the Compensation of the City Attorney. (Adopted on First Reading)
The purpose of this item is to establish the 2017 salary of the City Attorney. City Council met in
executive session on November 29, 2016, to conduct the performance review of Carrie Daggett, City
Attorney. This Ordinance sets the 2017 compensation of the City Attorney.
Janet Miller, Human Resources, presented information regarding market data and the City’s
desire to include employee performance and remain competitive.
City Attorney Daggett noted changes were made to the Ordinance to keep it consistent with the
compensation ordinances for the Municipal Judge and City Manager.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 135, 2016, on First Reading with the amounts of $189,521and $226,821 inserted
as appropriate and to be effective January 1, 2017.
Councilmember Cunniff thanked staff for transparency on the total compensation.
Mayor Pro Tem Horak commended City Attorney Daggett on her work and changes made in the
City Attorney's Office.
Mayor Troxell and Councilmember Martinez commended City Attorney Daggett on her work.
RESULT: ORDINANCE NO. 135, 2016, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
14. First Reading of Ordinance No. 136, 2016. Amending Section 2-596 of the Code of the City of
Fort Collins and Setting the Compensation of the City Manager. (Adopted on First Reading)
The purpose of this item is to establish the 2017 compensation of the City Manager. City Council met
in executive session on November 29, 2016, to conduct the performance review of Darin Atteberry,
City Manager. This Ordinance sets the 2017 compensation of the City Manager.
Janet Miller, Human Resources, presented information regarding market data and the City’s
desire to include employee performance and remain competitive.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 136, 2016, on First Reading with the amounts of $256,087 and $311,480 inserted
as appropriate and to be effective January 1, 2017.
Councilmember Cunniff expressed some concern regarding the compensation amount being
higher than the state market; however, the City organization is running well and complemented
City Manager Atteberry on his willingness to consistently improve.
1.1
Packet Pg. 23
Attachment: December 6, 2016 (5125 : minutes-12/6. 12/13)
December 6, 2016
City of Fort Collins Page 186
Councilmember Campana supported the compensation increases and commended the work of
the employees.
Councilmembers Stephens and Martinez commended City Manager Atteberry.
Mayor Pro Tem Horak commended City Manager Atteberry's work during tougher situations.
Mayor Troxell commended City Manager Atteberry's engagement with Council and employees.
RESULT: ORDINANCE NO. 136, 2016, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
15. Items Relating to Capital Improvement Expansion Fees. (Adopted on First Reading)
A. First Reading of Ordinance No. 132, 2016, Amending the Code of the City of Fort Collins to
Increase the Amounts of Capital Improvement Expansion Fees Contained in Chapter 7.5 of the
City Code so as to Reflect Inflation in Associated Costs of Services.
B. First Reading of Ordinance No. 137, 2016, Amending Section 7.5-18 of the Code of the City of
Fort Collins to Provide that the Street Oversizing Capital Improvement Expansion Fee will be
Increased or Decreased Annually Based on the Engineering News Denver Regional Construction
Cost Index Instead of the Denver-Boulder Consumer Price Index for Urban Consumers.
The purpose of this item is to update City Code Chapter 7.5 related to the annual inflation increases
in the capital improvement expansion fees and the Neighborhood Parkland Fee established in
Chapter 7.5. In Ordinance No. 132, 2016, the Community Parkland, Police, Fire Protection, and
General Government capital improvement expansion fees and the Neighborhood Parkland Fee are
being revised to reflect a 3.0% increase based on the change in the Denver-Boulder-Greeley
Consumer Price Index (CPI) since the last adjustment. The Street Oversizing Capital Improvement
Expansion Fee, however, is only being increased by 1.3% to reflect the change in the Engineering
News Record Denver Regional Construction Cost Index (ENR) since the last adjustment of this fee.
In Ordinance No. 137, 2016, Code Section 7.5-18 is being amended to reflect the City Council’s past
practice and intended future practice of basing the annual increases or decreases in the Street
Oversizing Capital Improvement Expansion Fee on the ENR instead of the CPI, since the ENR is a
better measure than the CPI of the changes in costs to construct street improvements in the City.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 132, 2016, on First Reading.
Councilmember Campana discussed the timing of implementation for permits that are being held
up by the City.
Councilmember Cunniff discussed moving the work session regarding capital expansion fees to
an earlier date.
1.1
Packet Pg. 24
Attachment: December 6, 2016 (5125 : minutes-12/6. 12/13)
December 6, 2016
City of Fort Collins Page 187
RESULT: ADOPTED ON FIRST READING [6 TO 0]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
AWAY: Martinez
Councilmember Cunniff made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 137, 2016, on First Reading.
RESULT: ADOPTED ON FIRST READING [6 TO 0]
MOVER: Ross Cunniff, District 5
SECONDER: Gino Campana, District 3
AYES: Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
AWAY: Martinez
OTHER BUSINESS
Councilmember Overbeck congratulated the City on its equity and inclusion memo and working
efforts. He requested and received Council support to investigate hosting a “super” multi-
cultural retreat in the community.
Mayor Pro Tem Horak stated he would like to see ideas for such a retreat prior to scheduling it.
Mayor Pro Tem Horak requested future clarification regarding whether or not people can hold
signs during a quasi-judicial hearing.
Consideration of a motion to adjourn to 6:00 p.m., Tuesday, December 13, 2016.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adjourn to
6:00 PM, Tuesday, December 13, 2016, to consider a possible executive session regarding legal
questions, potential litigation and such other business as may come before the Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
ADJOURNMENT
The meeting adjourned at 11:10 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
1.1
Packet Pg. 25
Attachment: December 6, 2016 (5125 : minutes-12/6. 12/13)
City of Fort Collins Page 1
December 13, 2016
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
CALL MEETING TO ORDER
ROLL CALL
PRESENT: Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT: Martinez
Staff present: Atteberry, Daggett, Winkelmann
Council will consider a motion to adjourn into Executive Session.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff for Council to go
into executive session for the purpose of meeting with the City's attorneys and City management
staff to discuss the following matters as permitted under Section 2-31(a)(2) of City Code and
Colorado Revised Statutes Section 24-6-402(4)(b): (1) specific legal questions related to
litigation or potential litigation involving the City regarding federal and state review and
permitting of water storage projects; and (2) the manner in which particular policies, practices or
regulations of the City related to water supply treatment may be affected by existing or proposed
provisions of federal, state or local law.
RESULT: ADOPTED [UNANIMOUS]
AYES: Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT: Martinez
(Council went into executive session at this time and returned at 7:03 p.m.)
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff to adjourn the
meeting to the conclusion of the work session to consider a possible executive session for the
purpose of meeting with the City's attorneys and City management staff to discuss pending
litigation involving the City.
RESULT: ADOPTED [UNANIMOUS]
AYES: Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT: Martinez
(After the conclusion of the work session, Council reconvened at 10:03 p.m.)
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff to go into
executive session for the purpose of meeting with the City's attorneys and City management staff
to discuss pending litigation involving the City, as permitted under Section 2-31(2) of City Code
and Colorado Revised Statutes Section 24-6-402(4)(b).
1.2
Packet Pg. 26
Attachment: December 13, 2016 (5125 : minutes-12/6. 12/13)
City of Fort Collins Page 2
RESULT: ADOPTED [UNANIMOUS]
AYES: Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
ABSENT: Martinez
(Council went into executive session at this time and returned at 10:30 p.m.)
ADJOURNMENT
The meeting adjourned at 10:30 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
1.2
Packet Pg. 27
Attachment: December 13, 2016 (5125 : minutes-12/6. 12/13)
Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY January 3, 2017
City Council
STAFF
Cassandra Bumgarner, Historic Preservation Planner
SUBJECT
Second Reading of Ordinance No. 138, 2016, Designating the Howell Property Located at 519 East Mulberry
Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of
Fort Collins.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in
accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2015-091.
This Ordinance, unanimously adopted on First Reading on December 20, 2016, designates the Howell
property, located at 519 East Mulberry Street, as a Fort Collins Landmark. The owner of this property, Housing
Catalyst, formerly the Fort Collins Housing Authority, is initiating this request.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, December 20, 2016 (w/o attachments) (PDF)
2. Ordinance No. 138, 2016 (PDF)
2
Packet Pg. 28
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY December 20, 2016
City Council
STAFF
Cassandra Bumgarner, Historic Preservation Planner
SUBJECT
First Reading of Ordinance No. 138, 2016, Designating the Howell Property Located at 519 East Mulberry
Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of
Fort Collins.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in
accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2015-091.
The purpose of this item is to designate the Howell property, located at 519 East Mulberry Street, as a Fort
Collins Landmark. The owner of this property, Housing Catalyst, formerly the Fort Collins Housing Authority, is
initiating this request. The 1908 vernacular cottage residence is eligible for recognition as a landmark due to its
historic integrity and significance to Fort Collins under Designation Standard C, Design/Construction as a
hipped box type residence.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Howell Property is an example of a vernacular, hipped roof box. Constructed in 1908, the residence
exhibits character-defining architectural features, such as minimalist ornamentation and hipped roof. The
structure’s physical integrity is essentially intact, with the exception of the addition of synthetic siding over the
original wood siding, which is reversible. This house has historically provided housing, both owner-occupied
and rental, for working class members of the community. Under Housing Catalyst ownership, the property has
provided public housing for nearly 40 years.
Housing Catalyst has requested that the City of Fort Collins designate four of its properties as Fort Collins
Landmarks: 519 East Mulberry Street, 608 and 608 1/2 South Grant Avenue, 701 Mathews, and 717 and 717
1/2 West Mulberry Street. Housing Catalyst is proposing to sell several of its residential housing units, and to
apply the funds from the sales toward the acquisition of replacement units. As a federally funded entity,
Housing Catalyst is required by the U.S. Department of Housing and Urban Development (HUD) to comply
with applicable federal regulations, including compliance with Section 106 of the National Historic Preservation
Act. Upon review by the State Historic Preservation Office (SHPO), the subject properties were determined to
be eligible for listing on the National Register of Historic Places. As the sale of these eligible properties to
private individuals would result in the properties no longer being subject to federal oversight, the sale has been
determined to have an “adverse effect.” One way that the finding of adverse effect may be mitigated is for the
properties to become designated at the local level, and subject to local review. This solution will result in a
finding of no adverse effect on the sale of the properties, and complies with both SHPO and HUD regulations.
ATTACHMENT 1
2.1
Packet Pg. 29
Attachment: First Reading Agenda Item Summary, December 20, 2016 (w/o attachments) (5126 : SR 138 519 E Mulberry Landmark)
Agenda Item 6
Item # 6 Page 2
CITY FINANCIAL IMPACTS
Recognition of this property as a Fort Collins Landmark enables its owners to qualify for local financial
incentive programs available only to landmark designated properties. Based upon research conducted by
Clarion Associates, the property will likely see an increase in value following designation. Clarion Associates
attributed this increase to the fact that current and future owners qualify for financial incentives; the appeal of
owning a recognized historic landmark; and the assurance of predictability that design review offers.
BOARD / COMMISSION RECOMMENDATION
This item will appear before the Landmark Preservation Commission (LPC) on December 14, 2016. The
results of the LPC meeting will be included in a read before memo to City Council on December 20, 2016.
ATTACHMENTS
1. Location map (PDF)
2. Landmark Designation application, with photos (PDF)
3. Staff report to Landmark Preservation Commission (PDF)
2.1
Packet Pg. 30
Attachment: First Reading Agenda Item Summary, December 20, 2016 (w/o attachments) (5126 : SR 138 519 E Mulberry Landmark)
-1-
ORDINANCE NO. 138, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DESIGNATING THE HOWELL PROPERTY LOCATED AT 519 EAST MULBERRY
STREET, FORT COLLINS, COLORADO, AS A FORT COLLINS LANDMARK
PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS
WHEREAS, pursuant to Section 14-2 of the City Code, the City Council has established
a public policy encouraging the protection, enhancement and perpetuation of historic landmarks
within the City; and
WHEREAS, by Resolution dated December 14, 2016, the Landmark Preservation
Commission (the “Commission”) has determined that the Howell Property located at 519 East
Mulberry Street in Fort Collins as more specifically described below (the “Property”) is eligible
for landmark designation for its high degree of exterior integrity, and for its significance to Fort
Collins under Landmark Standard C (Design/Construction) as contained in Section 14-5(2)(c) of
the City Code; and
WHEREAS, the Commission has further determined that the Property meets the criteria
of a landmark as set forth in City Code Section 14-5 and is eligible for designation as a
landmark, and has recommended to the City Council that the Property be designated by the City
Council as a landmark; and
WHEREAS, the owner of the Property has consented to such landmark designation; and
WHEREAS, such landmark designation will preserve the Property’s significance to the
community and its exterior integrity; and
WHEREAS, the City Council has reviewed the recommendation of the Commission and
desires to follow such recommendation and designate the Property as a landmark; and
WHEREAS, designation of the Property as a landmark is necessary for the prosperity,
civic pride, and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the Property located in the City of Fort Collins, Larimer County,
Colorado, described as follows, to wit:
EAST FIFTY FEET OF WEST NINETY SIX FEET OF LOT 4 AND THE EAST FIFTY
FEET OF THE WEST NINETY SIX FEET OF THE NORTH FIVE FEET OF LOT 3,
BLOCK 165, FORT COLLINS
2.2
Packet Pg. 31
Attachment: Ordinance No. 138, 2016 (5126 : SR 138 519 E Mulberry Landmark)
-2-
be designated as a Fort Collins Landmark in accordance with Chapter 14 of the City Code.
Section 3. That alterations, additions and other changes to the buildings and
structures located upon the Property will be reviewed for compliance with City Code Chapter 14,
Article III, as currently enacted or hereafter amended.
Introduced, considered favorably on first reading, and ordered published this 20th day of
December, A.D. 2016, and to be presented for final passage on the 3rd day of January, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 3rd day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
2.2
Packet Pg. 32
Attachment: Ordinance No. 138, 2016 (5126 : SR 138 519 E Mulberry Landmark)
Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY January 3, 2017
City Council
STAFF
Cassandra Bumgarner, Historic Preservation Planner
SUBJECT
Second Reading of Ordinance No. 139, 2016, Designating the Kimball Property Located at 608 and 608 ½
South Grant Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of
the City of Fort Collins.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in
accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2015-091.
This Ordinance, unanimously adopted on First Reading on December 20, 2016, designates the Kimball
Property, located at 608 and 608 ½ South Grant Avenue, as a Fort Collins Landmark. The owner of this
property, Housing Catalyst, formerly the Fort Collins Housing Authority, is initiating this request.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, December 20, 2016 (w/o attachments) (PDF)
2. Ordinance No. 139, 2016 (PDF)
3
Packet Pg. 33
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY December 20, 2016
City Council
STAFF
Cassandra Bumgarner, Historic Preservation Planner
SUBJECT
First Reading of Ordinance No. 139, 2016, Designating the Kimball Property Located at 608 and 608 ½ South
Grant Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the
City of Fort Collins.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in
accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2015-091.
The purpose of this item is to designate the Kimball Property, located at 608 and 608 ½ South Grant Avenue,
as a Fort Collins Landmark. The owner of this property, Housing Catalyst, formerly the Fort Collins Housing
Authority, is initiating this request. The 1924 bungalow is eligible for recognition as a landmark due to its
historic integrity and significance to Fort Collins under Designation Standard C, Design/Construction.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Kimball Property is a 1924 bungalow that exhibits the character-defining form, massing, scale and
proportion. The original materials are presumably under the aluminum siding and the alterations are reversible.
The residence is an example of a bungalow-style residence. The apartment at the rear of the property was
used as rental housing for working class tenants initially and later, its proximity to the campus of Colorado
State University led to its role for several decades as student rental housing. Under Housing Catalyst
ownership, the property has provided two units of public housing for nearly 40 years.
Housing Catalyst has requested that the City of Fort Collins designate four of its properties as Fort Collins
Landmarks: 519 East Mulberry Street, 608 and 608 1/2 South Grant Avenue, 701 Mathews, and 717 and 717
1/2 West Mulberry Street. Housing Catalyst is proposing to sell several of its residential housing units, and to
apply the funds from the sales toward the acquisition of replacement units. As a federally funded entity,
Housing Catalyst is required by the U.S. Department of Housing and Urban Development (HUD) to comply
with applicable federal regulations, including compliance with Section 106 of the National Historic Preservation
Act. Upon review by the State Historic Preservation Office (SHPO), the subject properties were determined to
be eligible for listing on the National Register of Historic Places. As the sale of these eligible properties to
private individuals would result in the properties no longer being subject to federal oversight, the sale has been
determined to have an “adverse effect.” One way that the finding of adverse effect may be mitigated is for the
properties to become designated at the local level, and subject to local review. This solution will result in a
finding of no adverse effect on the sale of the properties, and complies with both SHPO and HUD regulations.
ATTACHMENT 1
3.1
Packet Pg. 34
Attachment: First Reading Agenda Item Summary, December 20, 2016 (w/o attachments) (5134 : SR 139 608 S Grant Landmark)
Agenda Item 7
Item # 7 Page 2
CITY FINANCIAL IMPACTS
Recognition of this property as a Fort Collins Landmark enables its owners to qualify for local financial
incentive programs available only to landmark designated properties. Based upon research conducted by
Clarion Associates, the property will likely see an increase in value following designation. Clarion Associates
attributed this increase to the fact that current and future owners qualify for financial incentives; the appeal of
owning a recognized historic landmark; and the assurance of predictability that design review offers.
BOARD / COMMISSION RECOMMENDATION
This item will appear before the Landmark Preservation Commission (LPC) on December 14, 2016. The
results of the LPC meeting will be included in a read before memo for City Council on December 20, 2016.
ATTACHMENTS
1. Location map (PDF)
2. Landmark Designation application, with photos (PDF)
3. Staff report to Landmark Preservation Commission (PDF)
3.1
Packet Pg. 35
Attachment: First Reading Agenda Item Summary, December 20, 2016 (w/o attachments) (5134 : SR 139 608 S Grant Landmark)
-1-
ORDINANCE NO. 139, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DESIGNATING THE KIMBALL PROPERTY LOCATED AT 608 AND 608 1/2 SOUTH
GRANT AVENUE, FORT COLLINS, COLORADO, AS A FORT COLLINS LANDMARK
PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS
WHEREAS, pursuant to Section 14-2 of the City Code, the City Council has established
a public policy encouraging the protection, enhancement and perpetuation of historic landmarks
within the City; and
WHEREAS, by Resolution dated December 14, 2016, the Landmark Preservation
Commission (the “Commission”) has determined that the Kimball Property located at 608 and
608 1/2 South Grant Avenue in Fort Collins as more specifically described below (the
“Property”) is eligible for landmark designation for its high degree of exterior integrity, and for
its significance to Fort Collins under Landmark Standard C (Design/Construction) as contained
in Section 14-5(2)(c) of the City Code; and
WHEREAS, the Commission has further determined that the Property meets the criteria
of a landmark as set forth in City Code Section 14-5 and is eligible for designation as a
landmark, and has recommended to the City Council that the Property be designated by the City
Council as a landmark; and
WHEREAS, the owner of the Property has consented to such landmark designation; and
WHEREAS, such landmark designation will preserve the Property’s significance to the
community and its exterior integrity; and
WHEREAS, the City Council has reviewed the recommendation of the Commission and
desires to follow such recommendation and designate the Property as a landmark; and
WHEREAS, designation of the Property as a landmark is necessary for the prosperity,
civic pride, and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the Property located in the City of Fort Collins, Larimer County,
Colorado, described as follows, to wit:
SOUTH HALF OF LOTS ONE AND TWO, BLOCK FIVE, WEST LAWN, FORT
COLLINS
be designated as a Fort Collins Landmark in accordance with Chapter 14 of the City Code.
3.2
Packet Pg. 36
Attachment: Ordinance No. 139, 2016 (5134 : SR 139 608 S Grant Landmark)
-2-
Section 3. That alterations, additions and other changes to the buildings and
structures located upon the Property will be reviewed for compliance with City Code Chapter 14,
Article III, as currently enacted or hereafter amended.
Introduced, considered favorably on first reading, and ordered published this 20th day of
December, A.D. 2016, and to be presented for final passage on the 3rd day of January, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 3rd day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
3.2
Packet Pg. 37
Attachment: Ordinance No. 139, 2016 (5134 : SR 139 608 S Grant Landmark)
Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY January 3, 2017
City Council
STAFF
Cassandra Bumgarner, Historic Preservation Planner
SUBJECT
Second Reading of Ordinance No. 140, 2016, Designating the Schroeder/McMurry Property Located at 701
Mathews Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the
City of Fort Collins.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in
accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2015-091.
This Ordinance, unanimously adopted on First Reading on December 20, 2016, designates the
Schroeder/McMurry property, located at 701 Mathews Street, as a Fort Collins Landmark. The owner of this
property, Housing Catalyst, formerly the Fort Collins Housing Authority, is initiating this request.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, December 20, 2016 (w/o attachments) (PDF)
2. Ordinance No. 140, 2016 (PDF)
4
Packet Pg. 38
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY December 20, 2016
City Council
STAFF
Cassandra Bumgarner, Historic Preservation Planner
SUBJECT
First Reading of Ordinance No. 140, 2016, Designating the Schroeder/McMurry Property Located at 701
Mathews Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the
City of Fort Collins.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in
accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2015-091.
The purpose of this item is to designate the Schroeder/McMurry property, located at 701 Mathews Street, as a
Fort Collins Landmark. The owner of this property, Housing Catalyst, formerly the Fort Collins Housing
Authority, is initiating this request. The 1920 Craftsman-style residence and garage are eligible for recognition
as a landmark due to its historic integrity and significance to Fort Collins under Designation Standard B,
Persons/Groups, and Standard C, Design/Construction.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Schroeder/McMurry Property is an excellent example of a Craftsman-style residence and garage.
Constructed in 1920, the residence exhibits many character-defining architectural features, including the
wooden brackets, exposed rafter ends, and low, shed dormer. The detached garage is also contributing and
has key Craftsman features, such as exposed rafter ends. Both structures’ overall integrity remains intact.
The Schroeder/McMurry Property is located on the west side of the 700 block of Mathews Street, which has
retained its overall historic character and pattern of development. The property is already listed on the National
and State Registers of Historic Places as a contributing property in the Laurel School National Register Historic
District.
Housing Catalyst has requested that the City of Fort Collins designate four of its properties as Fort Collins
Landmarks: 519 East Mulberry Street, 608 and 608 1/2 South Grant Avenue, 701 Mathews, and 717 and 717
1/2 West Mulberry Street. Housing Catalyst is proposing to sell several of its residential housing units, and to
apply the funds from the sales toward the acquisition of replacement units. As a federally funded entity,
Housing Catalyst is required by the U.S. Department of Housing and Urban Development (HUD) to comply
with applicable federal regulations, including compliance with Section 106 of the National Historic Preservation
Act. Upon review by the State Historic Preservation Office (SHPO), the subject properties were determined to
be eligible for listing on the National Register of Historic Places. As the sale of these eligible properties to
private individuals would result in the properties no longer being subject to federal oversight, the sale has been
determined to have an “adverse effect.” One way that the finding of adverse effect may be mitigated is for the
ATTACHMENT 1
4.1
Packet Pg. 39
Attachment: First Reading Agenda Item Summary, December 20, 2016 (w/o attachments) (5135 : SR 140 701 Mathews Landmark)
Agenda Item 8
Item # 8 Page 2
properties to become designated at the local level, and subject to local review. This solution will result in a
finding of no adverse effect on the sale of the properties, and complies with both SHPO and HUD regulations.
CITY FINANCIAL IMPACTS
Recognition of this property as a Fort Collins Landmark enables its owners to qualify for local financial
incentive programs available only to landmark designated properties. Based upon research conducted by
Clarion Associates, the property will likely see an increase in value following designation. Clarion Associates
attributed this increase to the fact that current and future owners qualify for financial incentives; the appeal of
owning a recognized historic landmark; and the assurance of predictability that design review offers.
BOARD / COMMISSION RECOMMENDATION
This item will appear before the Landmark Preservation Commission (LPC) on December 14, 2016. The
results of the LPC meeting will be included in a read before memo for City Council on December 20, 2016.
ATTACHMENTS
1. Location map (PDF)
2. Landmark Designation application, with photos (PDF)
3. Staff report to Landmark Preservation Commission (PDF)
4.1
Packet Pg. 40
Attachment: First Reading Agenda Item Summary, December 20, 2016 (w/o attachments) (5135 : SR 140 701 Mathews Landmark)
-1-
ORDINANCE NO. 140, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DESIGNATING THE SCHROEDER/MCMURRY PROPERTY LOCATED AT 701
MATHEWS STREET, FORT COLLINS, COLORADO, AS A FORT COLLINS LANDMARK
PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS
WHEREAS, pursuant to Section 14-2 of the City Code, the City Council has established
a public policy encouraging the protection, enhancement and perpetuation of historic landmarks
within the City; and
WHEREAS, by Resolution dated December 14, 2016, the Landmark Preservation
Commission (the “Commission”) has determined that the Schroeder/McMurry Property located
at 701 Mathews Street in Fort Collins as more specifically described below (the “Property”) is
eligible for landmark designation for its high degree of exterior integrity, and for its significance
to Fort Collins under Landmark Standard B (Persons/Groups) and C (Design/Construction) as
contained in Section 14-5(2)(c) of the City Code; and
WHEREAS, the Commission has further determined that the Property meets the criteria
of a landmark as set forth in City Code Section 14-5 and is eligible for designation as a
landmark, and has recommended to the City Council that the Property be designated by the City
Council as a landmark; and
WHEREAS, the owner of the Property has consented to such landmark designation; and
WHEREAS, such landmark designation will preserve the Property’s significance to the
community and its exterior integrity; and
WHEREAS, the City Council has reviewed the recommendation of the Commission and
desires to follow such recommendation and designate the Property as a landmark; and
WHEREAS, designation of the Property as a landmark is necessary for the prosperity,
civic pride, and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the Property located in the City of Fort Collins, Larimer County,
Colorado, described as follows, to wit:
NORTH FIFTY FEET OF LOT 2, BLOCK 137, FORT COLLINS
be designated as a Fort Collins Landmark in accordance with Chapter 14 of the City Code.
4.2
Packet Pg. 41
Attachment: Ordinance No. 140, 2016 (5135 : SR 140 701 Mathews Landmark)
-2-
Section 3. That alterations, additions and other changes to the buildings and
structures located upon the Property will be reviewed for compliance with City Code Chapter 14,
Article III, as currently enacted or hereafter amended.
Introduced, considered favorably on first reading, and ordered published this 20th day of
December, A.D. 2016, and to be presented for final passage on the 3rd day of January, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 3rd day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
4.2
Packet Pg. 42
Attachment: Ordinance No. 140, 2016 (5135 : SR 140 701 Mathews Landmark)
Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY January 3, 2017
City Council
STAFF
Cassandra Bumgarner, Historic Preservation Planner
SUBJECT
Second Reading of Ordinance No.141, 2016, Designating the Wilhelm Property Located at 717 and 717 ½
West Mulberry Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code
of the City of Fort Collins.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in
accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2015-091.
This Ordinance, unanimously adopted on First Reading on December 20, 2016, designates the Wilhelm
Property, located at 717 and 717 ½ West Mulberry Street, as a Fort Collins Landmark. The owner of this
property, Housing Catalyst, formerly the Fort Collins Housing Authority, is initiating this request.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, December 20, 2016 (w/o attachments) (PDF)
2. Ordinance No. 141, 2016 (PDF)
5
Packet Pg. 43
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY December 20, 2016
City Council
STAFF
Cassandra Bumgarner, Historic Preservation Planner
SUBJECT
First Reading of Ordinance No.141, 2016, Designating the Wilhelm Property Located at 717 and 717 ½ West
Mulberry Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the
City of Fort Collins.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in
accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2015-091.
The purpose of this item is to designate the Wilhelm Property, located at 717 and 717 ½ West Mulberry Street,
as a Fort Collins Landmark. The owner of this property, Housing Catalyst, formerly the Fort Collins Housing
Authority, is initiating this request. The 1948 ranch-style residence and attached garage is eligible for
recognition as a landmark due to its historic integrity and significance to Fort Collins under Designation
Standard C, Design/Construction.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Wilhelm Property is an early example of a ranch-style residence with attached garage. Constructed in
1948, the residence exhibits character-defining architectural features, including the large, picture window,
attached garage on the façade, asymmetrical façade, boxed eaves, and low pitched roof. Alterations to the
residence undertaken are subordinate with compatible design and reversible.
Housing Catalyst has requested that the City of Fort Collins designate four of its properties as Fort Collins
Landmarks: 519 East Mulberry Street, 608 and 608 1/2 South Grant Avenue, 701 Mathews, and 717 and 717
1/2 West Mulberry Street. Housing Catalyst is proposing to sell several of its residential housing units, and to
apply the funds from the sales toward the acquisition of replacement units. As a federally funded entity,
Housing Catalyst is required by the U.S. Department of Housing and Urban Development (HUD) to comply
with applicable federal regulations, including compliance with Section 106 of the National Historic Preservation
Act. Upon review by the State Historic Preservation Office (SHPO), the subject properties were determined to
be eligible for listing on the National Register of Historic Places. As the sale of these eligible properties to
private individuals would result in the properties no longer being subject to federal oversight, the sale has been
determined to have an “adverse effect.” One way that the finding of adverse effect may be mitigated is for the
properties to become designated at the local level, and subject to local review. This solution will result in a
finding of no adverse effect on the sale of the properties, and complies with both SHPO and HUD regulations.
ATTACHMENT 1
5.1
Packet Pg. 44
Attachment: First Reading Agenda Item Summary, December 20, 2016 (w/o attachments) (5136 : SR 141 717 Mulberry Landmark)
Agenda Item 9
Item # 9 Page 2
CITY FINANCIAL IMPACTS
Recognition of this property as a Fort Collins Landmark enables its owners to qualify for local financial
incentive programs available only to landmark designated properties. Based upon research conducted by
Clarion Associates, the property will likely see an increase in value following designation. Clarion Associates
attributed this increase to the fact that current and future owners qualify for financial incentives; the appeal of
owning a recognized historic landmark; and the assurance of predictability that design review offers.
BOARD / COMMISSION RECOMMENDATION
This item will appear before the Landmark Preservation Commission (LPC) on December 14, 2016. The
results of the LPC meeting will be included in a read before memo to City Council on December 20, 2016.
ATTACHMENTS
1. Location map (PDF)
2. Landmark Designation application, with photos (PDF)
3. Staff report to Landmark Preservation Commission (PDF)
5.1
Packet Pg. 45
Attachment: First Reading Agenda Item Summary, December 20, 2016 (w/o attachments) (5136 : SR 141 717 Mulberry Landmark)
-1-
ORDINANCE NO. 141, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DESIGNATING THE WILHELM PROPERTY LOCATED AT
717 AND 717 1/2 WEST MULBERRY STREET, FORT COLLINS, COLORADO,
AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF
THE CODE OF THE CITY OF FORT COLLINS
WHEREAS, pursuant to Section 14-2 of the City Code, the City Council has established
a public policy encouraging the protection, enhancement and perpetuation of historic landmarks
within the City; and
WHEREAS, by Resolution dated December 14, 2016, the Landmark Preservation
Commission (the “Commission”) has determined that the Wilhelm Property located at 717 and
717 1/2 West Mulberry Street in Fort Collins as more specifically described below (the
“Property”) is eligible for landmark designation for its high degree of exterior integrity, and for
its significance to Fort Collins under Landmark Standard C (Design/Construction) as contained
in Section 14-5(2)(c) of the City Code; and
WHEREAS, the Commission has further determined that the Property meets the criteria
of a landmark as set forth in City Code Section 14-5 and is eligible for designation as a
landmark, and has recommended to the City Council that the Property be designated by the City
Council as a landmark; and
WHEREAS, the owner of the Property has consented to such landmark designation; and
WHEREAS, such landmark designation will preserve the Property’s significance to the
community and its exterior integrity; and
WHEREAS, the City Council has reviewed the recommendation of the Commission and
desires to follow such recommendation and designate the Property as a landmark; and
WHEREAS, designation of the Property as a landmark is necessary for the prosperity,
civic pride, and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the Property located in the City of Fort Collins, Larimer County,
Colorado, described as follows, to wit:
LOT 3, BLOCK 2, WEST LAWN, FORT COLLINS
be designated as a Fort Collins Landmark in accordance with Chapter 14 of the City Code.
5.2
Packet Pg. 46
Attachment: Ordinance No. 141, 2016 (5136 : SR 141 717 Mulberry Landmark)
-2-
Section 3. That alterations, additions and other changes to the buildings and
structures located upon the Property will be reviewed for compliance with City Code Chapter 14,
Article III, as currently enacted or hereafter amended.
Introduced, considered favorably on first reading, and ordered published this 20th day of
December, A.D. 2016, and to be presented for final passage on the 3rd day of January, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 3rd day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
5.2
Packet Pg. 47
Attachment: Ordinance No. 141, 2016 (5136 : SR 141 717 Mulberry Landmark)
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY January 3, 2017
City Council
STAFF
Laurie Kadrich, Director of PDT
SUBJECT
Second Reading of Ordinance No. 142, 2016, Approving and Authorizing the Mayor to Execute Amendment
Number One to the Intergovernmental Agreement Between the City and Larimer County Regarding
Cooperation on Managing Urban Development Within the Fort Collins Growth Management Area and
Amending the Boundaries of the Fort Collins Growth Management Area.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 20, 2016, amends the Intergovernmental
Agreement (IGA) with Larimer County regarding the Growth Management Area (GMA) boundary to ratify the
same boundary agreed to by the City of Fort Collins and the Town of Timnath.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, December 20, 2016 (w/o attachments) (PDF)
2. Ordinance No. 142, 2016 (PDF)
6
Packet Pg. 48
Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY December 20, 2016
City Council
STAFF
Laurie Kadrich, Director of PDT
SUBJECT
First Reading of Ordinance No. 142, 2016, Approving and Authorizing the Mayor to Execute Amendment
Number One to the Intergovernmental Agreement Between the City and Larimer County Regarding
Cooperation on Managing Urban Development Within the Fort Collins Growth Management Area and
Amending the Boundaries of the Fort Collins Growth Management Area.
EXECUTIVE SUMMARY
The purpose of this item is to amend the Intergovernmental Agreement (IGA) with Larimer County regarding
the Growth Management Area (GMA) boundary to ratify the same boundary agreed to by the City of Fort
Collins and the Town of Timnath.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
On October 14, 2014, City Council adopted an amended IGA with the Town of Timnath that established a
mutually beneficial GMA boundary between the two communities. The boundary was established by using
Interstate Highway 25 as the general boundary separating the two communities. However, there are some
portions of the Fort Collins GMA that are east of I-25 due to previous developments in those areas. Since the
adoption of the Fort Collins-Timnath IGA, Timnath and Fort Collins have been working with Larimer County to
modify the Larimer County GMA boundary to reflect the boundary agreed to by the municipalities. The Fort
Collins-Larimer County GMA was established in 1980 and last modified in November 2000. Both
municipalities attended the Larimer County Planning Commission on October 19, 2016 to recommend a zoning
map amendment be enacted to identify the new boundary. The Planning Commission agreed with the
municipalities and forwarded a recommendation to amend the County Zoning map to reflect the new boundary.
On November 21, 2016 the Board of County Commissioners agreed with the County Planning Commission to
amend the zoning map to adjust the GMA boundary as suggested by Timnath and Fort Collins. As such, staff
is recommending that Council amend the Fort Collins-Larimer County IGA to reflect the new boundary as
identified in the Larimer County Zoning Map amendment and the Fort Collins-Timnath IGA.
PUBLIC OUTREACH
On February 22, 2016 Fort Collins, Timnath and Larimer County hosted a public informational meeting in
Timnath to review the boundary changes adopted by Timnath and Fort Collins. Around 100 residents attended
the meeting. Two primary concerns were mentioned by the residents. First, residents preferred to remain in
the County and second, that the Town of Timnath was increasing its northern boundary north of Cobb Lake.
There were few concerns expressed regarding the boundary between Fort Collins and Timnath. On October
19, 2016 Larimer County held a public hearing regarding amending the Zoning Map. One resident expressed
concern due to a pending land sale. Staff reached out to the resident following the hearing and provided
options to address her concerns.
ATTACHMENT 1
6.1
Packet Pg. 49
Attachment: First Reading Agenda Item Summary, December 20, 2016 (w/o attachments) (5137 : SR 142 GMA IGA)
Agenda Item 10
Item # 10 Page 2
ATTACHMENTS
1. Proposed Fort Collins Growth Management Area (PDF)
6.1
Packet Pg. 50
Attachment: First Reading Agenda Item Summary, December 20, 2016 (w/o attachments) (5137 : SR 142 GMA IGA)
-1-
ORDINANCE NO. 142, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
AMENDMENT NUMBER ONE TO THE INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY AND LARIMER COUNTY REGARDING
COOPERATION ON MANAGING URBAN DEVELOPMENT WITHIN
THE FORT COLLINS GROWTH MANAGEMENT AREA AND AMENDING
THE BOUNDARIES OF THE FORT COLLINS GROWTH MANAGEMENT AREA
WHEREAS, pursuant to Resolution 2006-107, the City of Fort Collins (“City”) entered
into that certain Intergovernmental Agreement regarding Cooperation on Managing Urban
Development dated June 24, 2008 (the “Fort Collins-County IGA”) with Larimer County,
Colorado (the “County”), which IGA superseded all prior intergovernmental agreements entitled
“Regarding Cooperation on Managing Urban Development; and
WHEREAS, among other matters, the Fort Collins-County IGA established the then-
current boundaries of the Fort Collins Growth Management Area (“Fort Collins GMA”),
representing areas that the County and City agree are appropriate for urban development with
urban levels of public services and facilities, (also known as the Fort Collins Urban Growth
Area) as defined by Article XIII of the Fort Collins City Charter and Section 2 of the City Code;
and
WHEREAS, the County has adopted the Fort Collins GMA as an overlay zoning district
pursuant to Section 4.2 of the Larimer County Land Use Code to address standards for urban
development with urban levels of public services and facilities for such areas; and
WHEREAS, pursuant to Paragraph 11 of the Fort Collins-County IGA, the City and
County have agreed that any amendments to the Fort Collins GMA shall be mutually agreed
upon in writing by the parties and that the County shall implement such amendments pursuant to
the procedures and requirements for amendments to zoning district boundaries set forth in the
Larimer County Land Use Code; and
WHEREAS, the City and the Town of Timnath, Colorado (“Town”) are parties to that
certain Seventh Amendment to Intergovernmental Agreement (Regarding Cooperation on
Annexation, Growth Management and Related Issues) dated October 28, 2014 (the “Fort Collins-
Timnath IGA”); and
WHEREAS, among other matters, the Fort Collins –Timnath IGA, calls for adjustment of
the Fort Collins GMA as set forth therein, effective upon approval of the County;
WHEREAS, the City and the County desire to enter into Amendment Number One to the
Fort Collins-County IGA substantially in the form attached hereto as Exhibit A (“Amendment
Number One”) to adjust the Fort Collins GMA boundaries to be as set forth therein; and
6.2
Packet Pg. 51
Attachment: Ordinance No. 142, 2016 (5137 : SR 142 GMA IGA)
-2-
WHEREAS, on November 21, 2016, the Larimer County Board of County
Commissioners approved Amendment Number One to the Fort Collins-County IGA and adjusted
its Land Use Code to adopt the revised GMA boundaries as set forth therein; and
WHEREAS, the City further desires to confirm and enact the modification of the Fort
Collins GMA boundaries as set forth in Amendment Number One.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That Amendment Number One to the Fort Collins-County IGA
substantially in the form attached hereto as Exhibit “A,” is hereby approved and the Mayor is
hereby authorized to execute Amendment Number One.
Section 3. That the boundaries of the City of Fort Collins Growth Management Area,
also known as the Fort Collins Urban Growth Area, shall hereinafter be as set forth in
Amendment Number One, and the City of Fort Collins Zoning Map and all other references to
the Urban Growth Area or Growth Management Area and the boundaries thereof are hereby
amended to refer to the boundaries as set forth in Amendment Number One.
Introduced, considered favorably on first reading, and ordered published this 20th day of
December, A.D. 2016, and to be presented for final passage on the 3rd day of January, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 3rd day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
6.2
Packet Pg. 52
Attachment: Ordinance No. 142, 2016 (5137 : SR 142 GMA IGA)
Final 9.29.16
AMENDMENT NUMBER ONE TO INTERGOVERNMENTAL AGREEMENT
(Regarding Cooperation on Annexation, Growth Management and Related Issues)
THIS AMENDMENT NUMBER ONE TO INTERGOVERNMENTAL
AGREEMENT (“Amendment”) is made and entered into this ____ day of _____, 2017 by and
between LARIMER COUNTY, COLORADO, a body politic organized under and existing by
virtue of the laws of the State of Colorado (“County”) and THE CITY OF FORT COLLINS,
COLORADO, a Colorado home rule municipal corporation (“City”).
RECITALS
WHEREAS, pursuant to Resolution 2006-107, the City entered into that certain
Intergovernmental Agreement regarding Cooperation on Managing Urban Development dated
June 24, 2008 (the “Fort Collins-County IGA”) with Larimer County, Colorado (the “County”);
and
WHEREAS, among other matters, the Fort Collins-County IGA establishes the
boundaries of the Fort Collins Growth Management Area (“Fort Collins GMA”), representing
areas that the County and City agree are appropriate for urban development with urban levels of
public services and facilities; and
WHEREAS, the County has adopted the Fort Collins GMA as an overlay zoning district
pursuant to Section 4.2 of the Larimer County Land Use Code to address standards for urban
development with urban levels of public services and facilities for such areas; and
WHEREAS, pursuant to Paragraph 11 of the Fort Collins-County IGA, the City and
County have agreed that any amendments to the Fort Collins GMA shall be mutually agreed
upon in writing by the parties and that the County shall implement such amendments pursuant to
the procedures and requirements for amendments to zoning district boundaries set forth in the
Larimer County Land Use Code; and
WHEREAS, the City and the Town of Timnath, Colorado (“Town”) are parties to that
certain Seventh Amendment to Intergovernmental Agreement (Regarding Cooperation on
Annexation, Growth Management and Related Issues) dated October 28, 2014 (the “Fort Collins-
Timnath IGA”); and
WHEREAS, among other matters, the Fort Collins –Timnath IGA, calls for adjustment
of the Fort Collins GMA as set forth therein, effective upon approval of the County; and
WHEREAS, the City and the County wish to adjust the Fort Collins GMA boundaries as
set forth in this Amendment.
EXHIBIT A
6.2
Packet Pg. 53
Attachment: Ordinance No. 142, 2016 (5137 : SR 142 GMA IGA)
Final 9.29.16
NOW, THEREFORE, in consideration of the mutual promises set forth herein, and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. That Section 1 of the Fort Collins-County IGA is hereby amended by deleting Exhibit
“1” attached thereto, setting forth the boundaries of the Fort Collins GMA, in its entirety
and substituting Exhibit 1 attached to this Amendment in lieu thereof.
2. That as of the date of this Amendment, the City and County agree that the boundaries of
the Fort Collins GMA shall be as set forth on Exhibit 1 attached to this Amendment and
the County shall implement such amendment of the Fort Collins GMA pursuant to the
procedures and requirements for amendments to zoning district boundaries set forth in the
Larimer County Land Use Code.
3. That Exhibit “2” is attached hereto for the purpose of illustrating the modifications of the
Fort Collins GMA as agreed upon with Timnath in the Fort-Collins-Timnath IGA.
4. That except as expressly modified by this Amendment, the Fort Collins-County IGA
shall remain unmodified and in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment to be effective as
of the day and year first written above.
CITY OF FORT COLLINS, COLORADO
By: _____________________________
Wade Troxell, Mayor
ATTEST:
City Clerk
Approved as to form:
Sr. Assistant City Attorney
6.2
Packet Pg. 54
Attachment: Ordinance No. 142, 2016 (5137 : SR 142 GMA IGA)
Final 9.29.16
LARIMER COUNTY, COLORADO
By: _____________________________
Chair, Board of County Commissioners
ATTEST:
Approved as to form:
County Attorney
6.2
Packet Pg. 55
Attachment: Ordinance No. 142, 2016 (5137 : SR 142 GMA IGA)
EXHIBIT 1
6.2
Packet Pg. 56
Attachment: Ordinance No. 142, 2016 (5137 : SR 142 GMA IGA)
Fort Collins Growth Management Area - Changes
December, 2016 EXHIBIT 2
6.2
Packet Pg. 57
Attachment: Ordinance No. 142, 2016 (5137 : SR 142 GMA IGA)
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY January 3, 2017
City Council
STAFF
Lisa Robles, Records Manager
SUBJECT
Resolution 2017-001 Approving Revised Fees for Fort Collins Police Services' Criminal Justice Records.
EXECUTIVE SUMMARY
The purpose of this item is to propose a new fee schedule for Police Services for criminal justice records. The
existing fee schedule has been in existence since 2008 and the proposed adjustments are necessary to keep
up with the change in technology and staff expenses. In addition, the staff is proposing to begin charging the
public for Vehicle Identification Number (VIN) Verifications to reflect actual costs incurred by staff. Currently,
this is a free service, while a neighboring agency charges double the amount being proposed.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
In 2008, City Council approved a fee schedule for fees charged by Fort Collins Police Services for the release of
criminal justice records. The schedule was vague and did not provide clear direction on how the fees should be
applied to criminal justice records requests.
The new proposed fee schedule has been updated to reflect actual costs based on current salaries and to include
some technology costs. In addition, this fee schedule has been defined to help Records personnel ensure that
the appropriate fees are being charged.
CITY FINANCIAL IMPACTS
The Records Manager estimates there may be a slight increase in revenue to the City, but it is difficult to know
the true impact because requests for records can vary each year. The additional revenue for the VIN
Verifications is estimated to be approximately $3,000-$5,000 per year.
ATTACHMENTS
1. 2008 Fee Schedule (PDF)
7
Packet Pg. 58
FORT COLLINS POLICE SERVICES
FEE SCHEDULE
EFFECTIVE AUGUST 6, 2008
1. Fee for Criminal Justice Records – Search,
Retrieval and Redaction (plus copy charge) $7.50
2. Copy of Report $.25 per page
3. Records Check $7.50
4. *Mail-in Requests $7.50
5. Certified Copies $5.00 (+ copy of report)
6. Photographs (includes search fee and cost of CD) $23.00 minimum/up
to $30.00 per hour
7. RMS Searches (ad hoc reports) $7.50
8. Special Searches - requiring the creation of a new $30.00 per hour
record, manipulation of data or expertise of
computer systems personnel
9. Dispatch Recordings $23.00 minimum/up
(includes search fee, supervisory review of to $30.00 per hour
recording, and cost of CD)
10. Other Recording (cassette, video, CD or DVD) $23.00 minimum/up
(includes review and cost of medium) to $30.00 per hour
11. General Directives Manual $55.00
12. Sex Offender Registry List $7.50 plus .25 per page
13. Page from Sex Offender Registry Book $7.50
* Applies only to requests received through the mail. Requests received via email, phone, or fax
should be charged $7.50 plus .25 per page.
NOTE: All per hour charges are a minimum of 1/2 hour (or $15.00)
ATTACHMENT 1
7.1
Packet Pg. 59
Attachment: 2008 Fee Schedule (5113 : FCPS Revised Fee Schedule)
-1-
RESOLUTION 2017-001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING REVISED FEES FOR FORT COLLINS
POLICE SERVICES’ CRIMINAL JUSTICE RECORDS
WHEREAS, Section 24-72-306, Colorado Revised Statutes (“C.R.S.’) authorizes Fort
Collins Police Services to assess reasonable fees for the actual costs it incurs in searching for,
retrieving, and redacting criminal justice records for public inspection; and
WHEREAS, Section 24-72-306, Colorado Revised Statutes (“C.R.S.’) also authorizes
Fort Collins Police Services to charge a fee not to exceed twenty-five cents per standard page for
a copy of a criminal justice record or a fee not to exceed the actual cost of providing a copy,
printout or photograph of a criminal justice record in a format other than a standard page; and
WHEREAS, Section 24-72-306, Colorado Revised Statutes (“C.R.S.’) requires that any
such fees be established by City Council; and
WHEREAS, the fee schedule currently used by the Records Division of Fort Collins
Police Services was last approved by the City Council in 2008; and
WHEREAS, the proposed modifications in the Records Division’s fee schedule more
accurately reflect the current costs of making criminal justice records available for public
inspection; and
WHEREAS, the City Council believes that the adoption of the revised fee schedule is in
the best interest of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the following fees are hereby adopted and shall be applicable to all
requests to the Records Division of Fort Collins Police Services for public inspection of criminal
justice records, unless such fee is specifically waived by the Chief of Police:
FORT COLLINS POLICE SERVICES
Fees for Criminal Justice Records
January 3, 2017
1. Police Case Reports - (cost includes: search, retrieval, redaction and copy): $30
per hour, $8 minimum.
2. Background searches (cost includes: search, retrieval, redaction and copy): $30
per hour, $8 minimum.
Packet Pg. 60
-2-
3. Calls for service (CAD), other records (cost includes: search, retrieval, redaction
and copy): $30 per hour, $8 minimum.
4. 911/dispatch recordings, digital media (video, audio, photos, CD/DVD), (cost
includes: search, retrieval, redaction and copy): $30 per hour or minimum of
$25 per CD/DVD.
5. Per page copy of report $.25 per page
6. Certified Copies $5.00 (in addition to cost of
report)
7. Special Searches - requiring the creation of a new $8 for 1/4 hour or
record, manipulation of data or expertise of $30.00 per hour
computer systems personnel.
8. VIN Verifications $10 per vehicle
NOTE: A deposit is required at the time of the request based on an estimation of
copy cost and time required. If actual costs are less than the deposit, the balance
of the deposit will be refunded. Otherwise the deposit is non-refundable.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd
day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 61
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY January 3, 2017
City Council
STAFF
Rick Bachand, Environmental Program Manager
SUBJECT
Resolution 2017-002 Authorizing the City Manager to Execute an Intergovernmental Agreement with the State
Board of the Great Outdoors Colorado Trust Fund Regarding Poudre River and Floodplain Habitat Restoration
at Kingfisher Point Natural Area.
EXECUTIVE SUMMARY
The purpose of this item is to approve a contractual agreement with Great Outdoors Colorado (GOCO) to
receive a $100,000 grant in support of the Natural Areas Department’s (NAD) Poudre River and floodplain
habitat restoration at Kingfisher Point Natural Area scheduled for construction in 2017. The award was made
by the GOCO Board of Directors on December 8, 2016. A draft agreement and Resolution is due to GOCO on
January 9, 2017 with a final formalized agreement by February 6, 2017. Under the terms of the grant all work
must be completed by December 2018. NAD is confident it can meet that deadline.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
As a part of its 2015 Natural Areas Restoration Master Plan, the Natural Areas Department (NAD) is planning
to restore river and floodplain habitat along a one-mile stretch of the Poudre River through Kingfisher Point
Natural Area (between Lemay Avenue and Timberline Road). The project is intended to provide restored in-
river aquatic habitat, naturalized riverbanks, expanded floodplain cottonwood forests, improved floodwater
retention, and create high-quality wetlands. Along with the investment generated from the City’s Open Space
Yes tax and the County’s Help Preserve Open Space tax, GOCO’s matching grant award will support the
procurement of materials and restoration services to bring the project to fruition. The Poudre River and
Floodplain Habitat Restoration at Kingfisher Point project is designed to leave a conservation and restoration
legacy for generations of Fort Collins and Northern Colorado citizens to experience and enjoy.
CITY FINANCIAL IMPACTS
This grant represents $100,000 of matching 1:1 support for planned ecological restoration work. NAD is
providing matching funds consistent with the department's approved 2017 budget appropriation.
BOARD / COMMISSION RECOMMENDATION
As GOCO is requesting a complete draft grant agreement and City Resolution by January 9, 2017, it is
imperative to work with this deadline in good faith. Staff anticipates the Land Conservation and Stewardship
Board will fully support entering into the agreement with GOCO, when the Board reviews the matter at a
regular meeting in spring 2017 before the work begins.
8
Packet Pg. 62
Agenda Item 8
Item # 8 Page 2
PUBLIC OUTREACH
Public outreach is not a requirement for the grant. However, staff plans to bring the project design and plans
for public comment and review by the Land Conservation and Stewardship Board in the spring of 2017.
ATTACHMENTS
1. City of Fort Collins Habitat Restoration Narrative, September 23 (PDF)
2. GOCO 2016 award to Fort Collins (PDF)
3. Kingfisher Point Location and Concept Design (PDF)
8
Packet Pg. 63
Application Checklist
Submit the following two documents through GOCO’s online grant portal by the deadline shown on the
cover to complete your application. Each document must not exceed 25MB.
Document 1: Full Application
Please submit a single PDF or DOC file of the following information for your project in the same order
as listed below:
(1 ܈Summary Form (page 4 of this document)
(2 ܈Proposal Narrative Please include the HEADINGS with your answers; limited to six pages.
(3 ܈Budget Narrative Please refer to the Instructions for guidance on preparing your budget
narrative.
(4 ܈Workplan/Timeline (page 7 of this document)
(5 ܈Maps
(6 ܈Photographs (Please limit to three pages.)
(7 ܈Landowner authorization letter(s) for each property covered in this application.
(8 ܈Other letters of support (please limit to three). Please do not seek a letter of support from
Colorado Parks and Wildlife (“CPW”). GOCO will directly contact CPW Regional Managers
about projects in their region and get feedback from CPW staff about the wildlife benefits of the
restoration project.
Document 2: Budget
Please submit an Excel file of the Budget Form, available here.
8.1
Packet Pg. 64
Attachment: City of Fort Collins Habitat Restoration Narrative, September 23 (5128 : Habitat Restoration GOCO grant Natural Areas
Summary Form
2
APPLICANT INFORMATION
Organization Name: City of Fort Collins Natural Areas Department
Address: 1745 Hoffman Mill Road
Contact Name: Rick Bachand Title: Environmental Program Manager
Telephone: 970-416-2183 Email: rbachand@fcgov.com Are you the primary contact for this grant?
܈YES ܆NO
PARTNER INFORMATION (IF APPLICABLE)
Organization Name: N/A
Address:
Contact Name: Title:
Telephone: Email: Are you the primary contact for this grant?
܆YES ܆NO
PROJECT INFORMATION
Project Title:
Poudre River and Floodplain Habitat Restoration at Kingfisher Point
Grant Request: $100,000 Total Project Cost: $1.3 million
County or Counties: Larimer County Name(s) of Property(ies): Kingfisher Point Natural Area
Property Type:
Publicly Owned Open Space/Park ܈Privately Protected Conservation Easement ܆Other (explain below) ܆
Brief Project Description (300 words or less, in space provided):
The Cache la Poudre River, which runs through Fort Collins, is the iconic centerpiece of the community’s identity.
Community members have consistently supported efforts for the preservation and ecological restoration of this community
asset. A plethora of citywide plans and public policies recognize the importance of the river as a water supply, wildlife
corridor, and recreational amenity. Like most rivers along the Front Range, water diversion and past land uses have
altered the river system, its floodplain habitat, and value to native wildlife. For these reasons, channel improvements and
habitat restoration is warranted.
As a part of its 2015 Natural Areas Restoration Master Plan, the City of Fort Collins Natural Areas Department (NAD) is
planning to restore river and floodplain habitat along a full one-mile stretch of the Poudre River through Kingfisher Point
Natural Area. The project entails: restore in-river aquatic habitat, naturalize riverbanks, expand floodplain cottonwood
forests, improve floodwater retention, and create high-quality wetlands. Along with the investment of resident tax dollars
in this habitat restoration project, NAD seeks GOCO’s partnership to support a variety of goods and services to bring this
restoration vision to fruition. The Poudre River and Floodplain Habitat Restoration at Kingfisher Point project is designed
to leave a conservation and restoration legacy for many generations in Fort Collins and Northern Colorado to experience
and enjoy.
8.1
Packet Pg. 65
Attachment: City of Fort Collins Habitat Restoration Narrative, September 23 (5128 : Habitat Restoration GOCO grant Natural Areas
Summary Form
3
I certify that I am authorized to sign on behalf of the applicant and that, if awarded a habitat restoration grant for this project,
the applicant will comply with GOCO’s requirements for habitat restoration grant administration, including matching and
general reporting requirements.
John Stokes, Natural Areas Director, City of Fort Collins
Date: 9/22/2016
An authorized person must sign here, such as the applicant’s executive director,
county commission chairperson, or city council chairperson.
8.1
Packet Pg. 66
Attachment: City of Fort Collins Habitat Restoration Narrative, September 23 (5128 : Habitat Restoration GOCO grant Natural Areas
Summary Form
4
1. Project Values and Benefits
Ecological and Habitat Restoration along Fort Collins’ iconic Cache la Poudre River (“Poudre River”) is
critical to realizing the community’s vision of a “sustainable, resilient, and functioning river ecosystem”.
There is wide recognition within the Fort Collins’ community that the river’s cottonwood forests,
wetlands, and aquatic habitats are significantly impaired and warrant a comprehensive and far-reaching
restoration effort.
The City of Fort Collins Natural Areas Department (“City”) is in the planning stages of this important,
one-mile river and floodplain habitat restoration at the city’s 154 acre Kingfisher Point Natural Area. The
restoration project encompasses one river mile through Kingfisher Point Natural Area that lies between
Lemay Avenue to the west and Timberline Road to the east. A small part of the river and riverbank area
is protected through a conservation easement held by Colorado Open Lands on behalf of GOCO. We
have attached a map showing the overlay of the conservation easement on the affected restoration area as
well as a letter from Colorado Open Lands supporting the proposed actions.
In the spring of 2015, the City and its consultants developed a conceptual plan for the Kingfisher Habitat
Restoration project. Implementation of the concept design will yield the following habitat benefits:
1. Modification of the Timnath Inlet water diversion structure to facilitate the movement of fish and
other aquatic organisms in the Poudre River;
2. Stabilization and naturalization of a highly erosive bank that continues to be a safety issue along
the Poudre River Bike Trail;
3. Creation of five new acres of emergent wetland (willows, sedges and bulrushes) and willow shrub
habitat targeted to marsh-wading birds and migratory songbirds;
4. Conversion of approximately 0.5 river miles of steep, armored riverbank to naturally sloped,
vegetated riverbank. This restoration element will improve the river’s ability to flood and sustain
adjacent cottonwood forests every one to two years;
5. Improved diversity of in-channel aquatic habitat that will support both native and recreational
fish, aquatic invertebrates, and river mammals such as mink and river otter. A number of native
fish including Longnose dace, Johnny Darter, Fathead minnow, brassy minnow and Green
Sunfish would benefit from the project. Similarly, sport fish such as Brown and Rainbow Trout
will benefit from the fish passage and habitat improvements providing an improved fishing
experience through Downtown Fort Collins!
The City has successfully implemented large-scale river restoration projects in 2013 and 2014. Natural
Areas expects additional flood mitigation, improved river access for fishing, tubing and kayaking, as well
as an improved visitor experience by recreating a more natural and aesthetic river landscape. In fact,
Average Daily Traffic Volume from 2012 through August 2016 for the Kingfisher stretch of the Poudre
trail averaged from a low of 2,389 people to a high of 3,321 people. Natural Areas plans for a
significant level of community exposure to the project through community informational outreach as well
as volunteer opportunities for project participation (further detailed in Section 6). Thus, this two-year
project will not only enhance our community’s conservation objectives, but also support a high level of
community engagement and educational opportunities concerning our local habitat.
8.1
Packet Pg. 67
Attachment: City of Fort Collins Habitat Restoration Narrative, September 23 (5128 : Habitat Restoration GOCO grant Natural Areas
Summary Form
5
2. Need for Project
The legacy of 20th century gravel mining, flood control and water development have acted to degrade the
Poudre River’s channel, floodplain, and adjacent wetlands. Consequently, river restoration of the Poudre
River corridor is identified as a priority in a number of City master planning efforts. The 2011 Fort
Collins City Plan (Fort Collins’ Citywide Master Plan) specifically directs the community to create a
“Sustainable, resilient and functioning river ecosystem” within the 10-year life cycle of the plan.
Likewise, the Cache la Poudre Natural Areas Management Plan (2011), and Natural Areas’ Restoration
Master Plan (2015) both place habitat restoration as a top priority. Significantly, the 2015 Restoration
Master Plan places the Kingfisher Point River Restoration as the #1 restoration priority in the
department’s 35,000-acre portfolio. Long-term stressors due to proposed water storage projects along the
river and the impacts of climate change warrant immediate measures to ensure the river can continue to
provide river and floodplain habitat to Colorado’s native wildlife.
Finally, a number of proposed water storage projects in northern Colorado could deteriorate the river’s
current annual base and peak flows. Base flows serve to ensure fish and other aquatic wildlife can
survive year-round; while peak river flows (flooding) act to rework the channel, deposit nutrient-rich soil,
and provide overbank-flows that support the river’s cottonwood forests. In the river’s current condition,
modified river flows due to water storage projects jeopardize the very survival of the river’s aquatic
wildlife and cottonwood forests. The Poudre River and Floodplain Habitat Restoration at Kingfisher
Point employs a design process that anticipates future conditions and constructs the restoration in a way
that functions for both present and future conditions.
3. Planning and Readiness
The completed 2015 Conceptual design for the Kingfisher Point River Habitat Restoration Project set
forth the broad objectives for the river and floodplain habitat restoration based on a feasibility analysis of
opportunities, needs, and constraints. The concept plan outlined the required permits and approvals
necessary prior to construction of the project. Our current permitting and design contract was initiated in
August 2016 and is scheduled for completion in June of 2017. As part of this contract the City and our
consultants are in the process of working on :
Public & Agency Outreach:
9 Informing adjacent landowners about the City’s intent
9 Hosting a public open house (March 2017)
9 Attempting to reach a landowner who owns an inholding within the river channel
9 Acquiring permission from Colorado Open Lands who holds a conservation easement on behalf
of GOCO to construct the habitat restoration (permitted under the terms of the easement)
9 Coordination with the City’s Stormwater Utility to ensure the project is consistent with the City’s
Stormwater Guidelines.
Restoration plan design:
9 Conducting a cultural resources survey
9 Gathering land survey data to build a contour design
9 Preparing a wetlands “404 permit” for the Army Corps of Engineers
9 Preparing a Conditional Letter of Map Revision (CLOMR) for submittal to FEMA that ensures the
project does not create a “rise” in the regulatory floodplain.
All permits and approvals will be “in-hand” prior to constructing the project. In the 2013 and 2014
projects at McMurry, Sterling and Homestead Natural Areas, all FEMA, US Fish and Wildlife, Army
8.1
Packet Pg. 68
Attachment: City of Fort Collins Habitat Restoration Narrative, September 23 (5128 : Habitat Restoration GOCO grant Natural Areas
Summary Form
6
Corps of Engineers, and City Floodplain permits were in hand prior to the first phase of construction. All
were approved upon first submittal. We anticipate a similar experience with a completion date of June
30, 2017 and construction initiated in the fall of 2017. Given our thorough planning, permitting, and
construction processes, we are confident the project will be completed by the project deadline in late
2018.
4. Funding Need and Match
To date, the City has invested $34,000 into a conceptual plan (2015) and $180,000 into final design and
permitting for a total of $214,000. The final design will be completed in June 2017 and will outline a
final schedule and budget. In short, we expect to begin earthwork, bank stabilization, tree planting, and
seeding in the fall of 2017. Summer 2018 work will include modification of the fish passage, shrub
planting, and initial irrigation. Final reports and assessment will be made in the fall of 2018. On-going
stewardship (irrigation, weeding, etc.) will go through 2020. In this same period, initial monitoring will
determine if objectives have been met, and adaptive management strategies will be implemented as
necessary.
We estimate a total project cost of $1.28 million, excluding the aforementioned design costs. For the
purpose of this grant application, our proposed budget is based on estimated total project costs from three
prior projects. We expect the final design will identify actual costs early next spring.
We are requesting GOCO funds to assist us in defraying costs for a variety of goods and services
necessary to achieve the vision of the Kingfisher Point project. Specifically, we are requesting funds that
would support construction management and oversight, sharing in the grading costs, modification of the
Timnath Inlet, and purchase of wetland mats, which transform disturbed sites to functional wetlands.
While the City has a dedicated sales tax to support Natural Areas projects, the expectation is that we seek
external partners and funding to supplement sales tax funds to support the broad array of Natural Areas
projects. The Kingfisher Point Habitat Restoration project was determined to be the #1 priority
restoration project for the department in a 2015 Restoration Master Plan for natural areas, thus, a
significant amount of funding is dedicated to support the project’s implementation. However, the City
has invested the maximum amount it can obligate to the project, therefore obtaining GOCO funding is
essential to ensure the entirety of the project may be completed.
Without GOCO funds, Natural Areas will need to delay the improvements to the diversion structure that
will impact aquatic connectivity in this reach. A recent study by the City, called the Poudre River Health
Assessment Framework, has identified aquatic connectivity as a major impediment to overall river health.
Currently the Poudre has an impediment to aquatic movement about every 1.8 miles. Modification of the
Timnath Inlet will result in approximately 4.3 miles of continuous aquatic connectivity and a measureable
improvement in overall river health. The Natural Areas Department is in communication with the New
Cache La Poudre Irrigating Company (owners of the diversion structure) regarding the design of the
improvements needed to allow for fish and aquatic connectivity. While they have expressed conceptual
support for retrofitting the structure to improve connectivity, the final design has yet to be determined.
Current estimates based on improvement options range from $200,000 to $400,000. Similarly, without
GOCO support, we would be forced to reduce the acreage of the floodplain restoration to less than what
was contemplated in the 2015 Concept Plan. As the City’s #1 habitat restoration project, we are excited
about a GOCO partnership to realize the project’s full ecological vision. In partnering with the City of
Fort Collins, GOCO will share in creating a more sustainable and resilient Poudre River, located in the
heart of our community for residents and visitors to learn from and enjoy for a significant number of
years.
8.1
Packet Pg. 69
Attachment: City of Fort Collins Habitat Restoration Narrative, September 23 (5128 : Habitat Restoration GOCO grant Natural Areas
Summary Form
7
As an aside, like many capital projects, there are two components of the overall project that we are
excluding from this grant request:
1. We are anticipating that up to $100,000 of the City’s funds will be necessary to incorporate
visitor recreational amenities such as river access (fishing, tubing, nature play) and replacement
of 1/8 of a mile of the Poudre River Bike Trail (to accommodate the floodplain restoration).
Costs associated with recreational amenities will be 100% covered by the City.
2. Likewise, 3 acres of wetland creation within Gadwall Pond (former gravel pond) will be 100%
covered by the City. We anticipate costs associated with this part of the project will be
approximately $200,000.
In sum, the City of Fort Collins Natural Areas Department is requesting $100,000 of GOCO funds to
support the remaining $1.28 million estimated construction cost for the Poudre River and Floodplain
Habitat Restoration at Kingfisher Point Natural Area. GOCO funds will be used solely on habitat
restoration goods and services related to reconfiguration of the Timnath Inlet, in channel work, riverbank
lowering, and floodplain improvements. The City will be funding its costs with a cash match secured
through dedicated Sales Taxes funding for the City’s Natural Areas Program. A Fort Collins ¼ cent and
Larimer County ¼ cent sales tax are the sources of the cash match for this project. We are also looking to
partner with the Colorado Water Conservation Board who will issue a call for proposals for river
restoration work in November 2016. At the time of this (GOCO) grant application, City funding is
available for immediate use and can be carried over between budget years.
5. Evaluation
The Natural Areas Department’s Strategic Plan and 2015 Restoration Master Plan direct staff to calculate
the acreage of land brought into the five-year floodplain. This measure is an indicator that evaluates the
river’s ability to overbank into the floodplain in a 1 - 2 year spring runoff event under current conditions,
or in a 3 – 5 year spring runoff event should water storage projects be constructed and alter the river’s
hydrology. The department plans to change the vegetation cover from a non-native condition to a
condition characterized by greater than 75% native vegetation cover. We have found that a typical river
restoration project needs a minimum of three years to achieve this target.
Perhaps there is no greater measure of success than recognition from one’s peer community. In 2014, our
McMurry and Sterling Natural Area River and Floodplain Habitat Restoration Projects were awarded
Colorado Open Space Alliance’s Blue Grama award for Ecosystem Management. The award recognized
the significance of large-scale river and floodplain restoration efforts within the urban core of downtown
Fort Collins. This past summer (2016), the McMurry and Sterling projects were featured in an
international case study of the International Union for the Conservation of Nature’s (IUCN) publication
on Nature Based Solutions. The publication may be found at https://portals.iucn.org/library/node/46191.
We seek to utilize similar evaluation measures from the McMurry and Sterling projects for the Kingfisher
project including:
x Miles of riverbank improved
x Miles of river reconnected by reconfiguration of the Tinmanth Inlet (4.3 river miles)
x Acreage of land brought into the five-year floodplain
x Percent ground coverage of native plants
Tracking of these key evaluation measures will inform the City’s future habitat restoration projects, as we
continue to build upon best practices established both internally at the City as well as externally by our
regional, state, and national colleagues.
8.1
Packet Pg. 70
Attachment: City of Fort Collins Habitat Restoration Narrative, September 23 (5128 : Habitat Restoration GOCO grant Natural Areas
Summary Form
8
6. Community Engagement
Community engagement with Fort Collins’ citizens is the hallmark of any major Natural Areas endeavor.
The City’s river restoration projects are typically very visible and enjoy a high-level of citizen interest and
support. At a basic level, City staff will reach out to adjacent landowners, host website-based
information, and conduct a public open house to inform residents about the Kingfisher Restoration
project.
Beyond the traditional “inform and consult” (government/citizen) relationship, the Natural Areas
Department (NAD) has a demonstrated history of engaging its citizens in the construction and care of our
habitat restoration projects. The Natural Areas Department has enjoyed a volunteer program since 1994.
Since 2011, NAD has worked with the Fort Collins community to engage citizens in “service learning”
project including “hands-on” participation in habitat restoration projects. NAD has involved citizens
through major plantings and on-going stewardship activities. In 2014 and 2015, the NAD ran a service-
learning volunteer program for three major river restorations called “Restoration Corps”. These
volunteers received a beginning of the season all-day introductory training as to the objectives of the river
restoration projects, and the on-going site management of which they would be participating. “Corps”
members would then spend two mornings a week planting, weed pulling, watering, tree pruning, caging,
and other stewardship activities. Participants gained an appreciation of the project and developed a high-
level of personal investment. The Restoration Corps attracted 44 citizens in 2014 and 2015, and we
anticipate using similar outreach strategies to engage our citizens in the Kingfisher Restoration project.
Restoration Corps volunteers will support on-going, post-construction stewardship in 2019 and 2020.
Additionally, our river restoration projects have provided a valuable learning resource for the Fort Collins
community. Our river restoration project sites are the important locations for natural resource students
and classes from Colorado State University to experience the work of habitat restoration. Dozens of
classes have made field trips to our three previous restoration sites to observe habitat transformation in
progress, and two of the restoration sites have become the source of a PhD thesis. City staff has also
delivered a number of classroom lectures (primary, secondary, and university) in addition to speaking at
local professional forums, and civic groups concerning Natural Areas programming and habitat
restoration.
Finally, in 2015 we were please to produce a professional three-minute video entitled “Nature Flows
through Fort Collins”. The video highlights the vision of the City’s river and floodplain restoration work
and encourages citizens to watch the projects mature through the years. The Video may be found at:
https://www.youtube.com/watch?v=Z2uKS0S82q4&feature=youtu.be
7. Staffing
The City of Fort Collins Natural Areas Department has a full-time staff responsible for habitat restoration
planning, with disciplines in wildlife management, botany, weed management and other supporting
expertise. Since 2011, the City has collaborated with the Denver office of Biohabitats, a widely respected
national firm specializing in ecosystem restoration. Biohabitats was initially contract in 2009 to do a
river-wide assessment of restoration opportunities within natural areas along the Poudre River. It was that
study that identified the Kingfisher Point work has a high priority for the City. Our 2013 and 2014
projects at McMurry and North Shields Ponds (Sterling) natural areas codified a highly functional
partnership between City staff, Biohabitats and our Restoration Corps volunteers. Biohabitats did all
permitting and design for the project, and provided project management, construction oversight, and plant
8.1
Packet Pg. 71
Attachment: City of Fort Collins Habitat Restoration Narrative, September 23 (5128 : Habitat Restoration GOCO grant Natural Areas
Summary Form
9
installation. We are planning to continue with this successful model for the Kingfisher Point project.
City Staff will participate in weekly field meetings, monitoring milestones and deadlines, providing
financial oversight, and all administrative reporting per requirements of the GOCO grant.
The City will continue to use a number of formally selected consultants to assist with project design,
permitting, construction management, earthwork, and planting. And we will continue to harness the
collaborative synergy of City Staff, Biohabitats, and the Restoration Corps volunteer team which has
successfully implemented our previous three river restorations.
Project Timeline
Timing/Deadline Project Task Notes
September 23, 2016 Submit final grant proposal to GOCO
December 8, 2016 GOCO grant determination Depending on outcome of
award, City may need to
re-evaluate scope of the
project.
January 2017 Preliminary design review with
consultant
Likely the first of several
interim reviews
January 2017 “Contract grow” procurement for
plant materials (for spring planting ).
April 2017 CLOMR submittal to FEMA
May 2017 FEMA and City Floodplain approvals
June 30, 2017 Final design/budget submitted to City
Sept – Nov 2017 All river earthwork, seeding, bank
stabilization, , and tree planting
completed
Weather dependent
April 2018 Construct 3 acres of wetland in
Gadwall Pond
Weather dependent
May 2018 Installation of wetland, willow, and
shrub plant material along river and in
Gadwall Pond wetland
Weather and river flow
(runoff) dependent
Summer 2018 Initial stewardship efforts by staff and
volunteers. Activities include
watering, weed control, additional
planting, etc..
October 2018 Final report submitted to GOCO
8.1
Packet Pg. 72
Attachment: City of Fort Collins Habitat Restoration Narrative, September 23 (5128 : Habitat Restoration GOCO grant Natural Areas
Summary Form
10
Budget Narrative
To date the City has committed $214,000 to planning, permitting, and design of the Poudre River and
Floodplain Habitat Restoration at Kingfisher Point project. This total represents a $34,000 cost for
conceptual planning in 2014, and an $180,000 contractual commitment made in August 2016 for final
design and permitting. As stated in Section 4 of this proposal, the City is committed to sponsoring the
relocation of the Poudre River Trail (necessary to accommodate the floodplain restoration), and the
creation of three acres of emergent wetland in Gadwall Pond.
The remainder of this project work consists of the reconfiguration of the Timnath Inlet to provide for fish
passage (estimated at $200,000 to 400,000), and the river, riverbank, and floodplain restoration along the
Poudre River (estimated at $900,000).
A total of $100,000 GOCO funds is requested to support a variety of goods and services to both the work
at the Timnath Inlet and river and floodplain work as follows:
x $25,000 to support the grading and earthwork necessary as part of the bank removal and
floodplain reconstruction;
x $25,000 to modify the Timnath Inlet structure such that our fish ladder project will meet
seamlessly with the existing structure;
x $25,000 to support construction oversight for the floodplain restoration; and
x $25,000 to purchase wetland mats which are equivocal to grass sod. The mats are planted with
a variety of wetland rushes, sedges and grasses and may be rolled out to form “instant
emergent wetland”. We have found amazing success with this product as it prevents cattails
and other undesirables from invading open growing space, a persistent problem with wetland
plug approaches.
Tasks already paid by City (previously budgeted)
Conceptual Plan (2014) ($34,000 prepaid)
Final Design & Permitting (2016 & 17)
($180,000 prepaid)
Associated Tasks not part of GOCO grant request
Wetland Creation in Gadwall Pond (estimated) $200,000
Relocation of Poudre River Trail (estimated) $100,000
Subtotal $300,000
Tasks associated with this grant application
Estimated Cost to reconfigure Timnath Inlet $400,000
Estimated River & Floodplain Restoration $900,000
Subtotal $1,300,000
Finally, we are separately attaching a detailed budget spreadsheet that expressly details our estimated line
item costs for the project.
8.1
Packet Pg. 73
Attachment: City of Fort Collins Habitat Restoration Narrative, September 23 (5128 : Habitat Restoration GOCO grant Natural Areas
Summary Form
11
8.1
Packet Pg. 74
Attachment: City of Fort Collins Habitat Restoration Narrative, September 23 (5128 : Habitat Restoration GOCO grant Natural Areas
FOR IMMEDIATE RELEASE – 12/8/2016
Contact: Rosemary Dempsey, 303-226-4530, rdempsey@goco.org or
Laura Cardon, 303-226-4531, lcardon@goco.org
Nine Larimer County projects receive more than $900,000 in GOCO funds
DENVER – The GOCO Board awarded nine grants totaling $952,534 to outdoor recreaon and
land conservaon projects in Larimer County on Thursday.
Colorado Open Lands (COL) received a $639,750 open space grant for Poudre Valley Community
Farms ; the City of Fort Collins received a $100,000 habitat restoraon grant for work at
Kingfisher Point; the City of Loveland received a $97,000 grant for the Namaqua Trail
Underpass; The Nature Conservancy (TNC) received a $75,584 habitat restoraon grant for Ben
Delatour Scout Ranch; COL also received habitat and Youth Corps funding for Swi Ponds;
Larimer County received a $40,200 Youth Corps grant for Hermit Park; and TNC also received a
Youth Corps grant for Phantom Canyon Preserve.
COL’s first grant was part of GOCO’s open space grant program , which funds public and private
land conservaon. Projects sustain local agriculture and economies, give outdoor recreaonists
a place to play (or simply enjoy the view), protect wildlife habitat, and safeguard the state’s
water supply.
GOCO funding will enable COL to conserve a 52-acre property between Fort Collins and the
Town of LaPorte to add to the popular local Nave Hill Farm, which supports a year-round
community-sustained agriculture (CSA) program, a farm stand, and several restaurants in Fort
Collins with local produce.
The Poudre Valley Community Farms Co-op will lease the land to Nave Hill for organic
vegetable producon, pioneering a new model for community investment in local food. COL
was successful in applying for the first-ever funding opportunity for communicaons and
storytelling, which was piloted in the open space program this fall.
In Fort Collins, the city will put a $100,000 habitat restoraon grant toward helping the Cache la
Poudre River at Kingfisher Point Natural Area. The river’s route has been arficially altered over
me, leading to degradaon of wildlife habitat and the floodplain. Fort Collins’ 2015 Natural
Areas Restoraon Master Plan idenfied this one-mile stretch of the Poudre as the number one
priority for restoraon work.
The city will restore the river channel, mimicking naturally formed riverbanks, expanding
coonwood forests to improve the floodplain, and creang high-quality habitat for wildlife.
Restoring the river to a more natural state will migate floods and improve river access for
outdoor recreaon.
In Fort Collins, the city will put a $100,000 habitat restoraon grant toward helping the Cache la
Poudre River at Kingfisher Point Natural Area. The river’s route has been arficially altered over
me, leading to degradaon of f wildlife habitat and the floodplain. Fort Collins’ 2015 Natural
Areas Restoraon Master Plan idenfied this one-mile stretch of the Poudre as the number one
priority for restoraon work.
ATTACHMENT 2
8.2
Packet Pg. 75
Attachment: GOCO 2016 award to Fort Collins (5128 : Habitat Restoration GOCO grant Natural Areas Department)
In Loveland, the city received funding from GOCO’s new Connect Iniave trail planning grant
program , which provides funding for trail projects for design, engineering, and master planning
work.
GOCO funding will enable Loveland to conduct an environmental analysis and prepare design
and construcon documents for a trail segment and underpass at Namaqua Avenue. The
segment will close one of three remaining gaps in the city’s 18-mile looped recreaon trail.
Once complete, it will provide 41,000 residents with safe access to work, parks, schools, and
neighborhoods.
In Red Feather Lakes, TNC will invest more than $75,000 in GOCO habitat restoraon funding . In
2016, GOCO doubled funding for the program, which funds invasive species management, water
supply protecon, fire fuels migaon, and other crical restoraon work.
TNC’s project is located on 35 acres of the Ben Delatour Scout Ranch and will complete the final
phase of fire migaon and forest restoraon on the property. The TNC fire module will manage
prescribed burns on the property to restore a healthy forest structure that is crical for wildlife
habitat. TNC is partnering with the Coalion for the Poudre River Watershed, Larimer County
Conservaon Corps (LCCC), and Wildlands Restoraon Volunteers.
In Fort Collins, COL received a $24,890 habitat restoraon grant and a $41,700 Youth Corps
grant to remove Russian olive trees and harmful weeds at Swi Ponds, the home of Colorado
Youth Outdoors . The two organizaons partnered with Weld County Youth Conservaon Corps
(WCYCC) and the Larimer County Weed District for work on more than 160 acres of the
property.
The project will eradicate the property’s only remaining stand of Russian olive, an invasive
species that can use up to 75 gallons of water daily; the project will also help ensure that the
trees don’t reseed elsewhere on the Cache la Poudre. Removing Russian olive and other
invasive plant species helps the nave plant populaon recover and improves habitat and water
access for wildlife.
In Estes Park, the Larimer County Department of Natural Resources will employ Larimer County
Conservaon Corps (LCCC) crews with $40,200 a Youth Corps grant. The project will help finish
one of the three remaining miles of a new mul-use trail at Hermit Park Open Space, connecng
Hermit’s Cabin Trailhead to exisng trails and campgrounds in the open space. These efforts will
connue work begun in 2016 and bring the park a step closer to the compleon of its full trail
system.
Another Youth Corps grant was awarded to TNC for the Phantom Canyon Preserve River Trail.
Located in the Laramie Foothills, Phantom Canyon Preserve is one of the last remaining roadless
canyons along Colorado’s Front Range. It is open to the public for volunteer and educaonal
opportunies, as well as for recreaonal hiking and fishing on a scheduled basis.
8.2
Packet Pg. 76
Attachment: GOCO 2016 award to Fort Collins (5128 : Habitat Restoration GOCO grant Natural Areas Department)
The trail alongside the river in the canyon boom is impermanent, and as a result, the river has
been negavely impacted and invasive species are making headway. LCCC will be employed with
the help of a $37,800 GOCO grant to help establish a sustainable trail. The trail will make
managing invasive species in the river boom easier and will allow TNC to invite more outside
use into the canyon boom.
GOCO awards Youth Corps funding through the Colorado Youth Corps Associaon (CYCA) , a
statewide coalion of nine accredited youth corps groups that engage and train youth, young
adults, and veterans (ages 16-25) to work on land, water, and energy conservaon projects.
Corps members earn a living spend for their full-me service and an AmeriCorps educaon
award to use toward college or trade school. The organizaon serves 1,700 young people
annually.
To date, GOCO has invested $53.7 million in Larimer County projects and has conserved nearly
61,000 acres of land in the county. GOCO funding has supported Horsetooth Reservoir and
Horsetooth Mountain Open Space, Lory and Boyd Lake state parks, and Big Thompson
Elementary School’s playground, among other projects. Fort Collins was also recently named a
GOCO Inspire community and is part of a $25 million iniave to get kids outside.
Great Outdoors Colorado (GOCO) invests a poron of Colorado Loery proceeds to help
preserve and enhance the state’s parks, trails, wildlife, rivers, and open spaces. GOCO’s
independent board awards compeve grants to local governments and land trusts, and makes
investments through Colorado Parks and Wildlife. Created when voters approved a
Constuonal Amendment in 1992, GOCO has since funded more than 4,800 projects in urban
and rural areas in all 64 counes without any tax dollar support. Visit GOCO.org for more
informaon.
8.2
Packet Pg. 77
Attachment: GOCO 2016 award to Fort Collins (5128 : Habitat Restoration GOCO grant Natural Areas Department)
Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community
GENERAL NOTES
1. Refer to the concept design memorandum for background information and additional
design considerations.
2. Locations of utilities are based on available GIS information and site plans; however,
exact locations and depths of utilities lines need to be confirmed during final design and
prior to construction.
3. Existing native vegetation and soils should be protected throughout the project area.
4. Portions of this concept involve properties outside of Natural Areas. Natural Areas
Department will need to obtain appropriate agreements with other property owners to be
able to carry out this plan.
5. Locations of trails are very approximate. Final determination will be made by Natural
Areas Department.
C
a
c
h
e
l
a
P
o
u
d
r
e
R
i
v
e
r
C
a
c
h
e
l
a
P
o
u
d
r
e
R
i
v
e
r
Gadwall Pond
Canvasback Pond
L
e
m
a
y
A
v
e
n
Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community
CONCEPT PLAN
Sheet Index
Final
04/22/2015
Sheet 1 Sheet 2 Sheet 3
Sheet 5
Sheet 6
Sheet 4
C
a
c
h
e
l
a
P
o
u
d
r
e
R
i
v
e
r
C
a
c
h
e
l
a
P
o
u
d
r
e
R
i
v
e
r
Gadwall Pond
Canvasback Pond
L
e
m
a
y
A
v
e
n
u
e
L
e
Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, d the GIS User Community
boulder grade control,
if diversion relocated
potential floodplain widening
depending on property status
enhance existing
remove existing culverts and rebuild trail backwater channel
to provide better hydraulic connection
between the wetland and river
L
e
m
a
y
A
v
e
n
u
e
L
e
m
a
y
A
v
e
n
u
e
R
iv
er
sid
e
A
v
e
n
u
e
R
iv
er
sid
e
A
v
e
n
u
e
C
a
c
h
e
l
a
Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community
existing trail lowered
for floodplain grading
remove high berm
pedestrian
bridge
boulder grade control structures
for fish passage retrofit
Poudre Inlet diversion structure
preserve bank swallow habitat
in exposed lime deposits
shallow wasting of excavated
lime material covered with
topsoil and vegetation
oxbow wetland in
abandoned channel
fill existing pond to
create wetland
protect sluice structure
from disturbance
C
a
c
h
e
l
a
P
o
u
d
r
e
R
i
v
e
r
C
a
c
h
e
l
a
P
o
u
d
r
e
R
i
v
e
r
CONCEPT PLAN
Sheet 2
Final
04/22/2015
Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community
new trail alignment
shallow wasting of excavated
lime material covered wtih
topsoil and vegetation
approximate location of water
and gas line crossing
excavate new wetland
connected to existing
drainage
T
i
m
b
e
r
l
i
n
e
R
o
a
d
T
i
m
b
e
r
l
i
n
e
R
o
a
d
C
a
c
h
e
l
a
P
o
u
d
r
e
R
i
v
e
r
C
a
c
h
Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community
R
i
v
e
r
s
i
d
e
A
v
e
n
u
e
R
i
v
e
r
s
i
d
e
A
v
e
n
u
e
C
a
c
h
e
l
a
P
o
u
d
r
e
R
i
v
e
r
C
a
c
h
e
l
a
P
o
u
d
Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community
excavate high, steep slope and
fill to create a more natural edge
possible wetland creation in
pond using excess material
T
i
m
b
e
r
l
i
n
e
R
o
a
d
T
i
m
b
e
r
l
i
n
e
R
o
a
d
Gadwall Pond
CONCEPT PLAN
Sheet 5
Final
04/22/2015
N
W
S
E
0 75 150 300
1 inch = 150 feet
Feet
Kingfisher Point Natural Area
Ecological Restoration Project
Fort Collins, CO
LEGEND
River
Relocated Ditch Upland Grassland
Pool/Riffle Sequence
Backwater Channel Willow Shrubland Trailhead
Step Wetland
Cottonwood/Shrub Woodland
Ped. Bridge
Fill
Wetland
Woodland Fill
Lime Wasting
Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community
possible wetland creation in
pond using excess material
T
i
m
b
e
r
l
i
n
e
R
o
a
d
T
i
m
b
e
r
l
i
n
e
R
o
a
d
R
i
v
e
r
s
i
d
e
A
v
e
n
u
e
R
i
v
e
r
s
i
d
e
A
v
e
n
u
-1-
RESOLUTION 2017-002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT
WITH THE STATE BOARD OF THE GREAT OUTDOORS COLORADO
TRUST FUND REGARDING POUDRE RIVER AND FLOODPLAIN
HABITAT RESTORATION AT KINGFISHER POINT NATURAL AREA
WHEREAS, as part of its 2015 Natural Areas Restoration Master Plan, the City of Fort
Collins Natural Areas Department (“NAD”) is planning to restore river and floodplain habitat
along the Poudre River through Kingfisher Point Natural Area; and
WHEREAS, the State Board of the Great Outdoors Colorado Trust Fund (“GOCO”) is a
political subdivision of the State of Colorado, created by Article XXVII of the Colorado
Constitution, which article appropriates a portion of the net proceeds of the Colorado Lottery to
the Board and directs the Board to invest those proceeds in the state’s parks, wildlife, open space
and recreational resources; and
WHEREAS, in 2016, GOCO offered a statewide grant program pursuant to which
eligible entities could apply for grants for habitat restoration projects on eligible properties; and
WHEREAS, NAD submitted a detailed application (“Project Application”) to GOCO for
a habitat restoration grant, describing the Kingfisher Point Natural Area work (“Project”); and
WHEREAS, GOCO approved the Project Application on December 8, 2016, subject to
the execution of a detailed grant agreement; and
WHEREAS, the grant totals $100,000, and will require equal matching funds, which
NAD has available from City Open Space Yes and Larimer County Help Preserve Open Space
tax revenues appropriated in the department’s 2017 budget; and
WHEREAS, NAD staff recommends the City Council authorize the City Manager to
enter into an Intergovernmental Agreement in the form attached hereto as Exhibit “A”, and
incorporated herein by reference, addressing the scope of river and floodplain habitat restoration
to be accomplished through the awarded GOCO grant; and
WHEREAS, the City is authorized to enter into intergovernmental agreements to
provide any function, service or facility, such as a grant agreement, as provided in Article II,
Section 16 of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Manager is hereby authorized to enter into an
Intergovernmental Agreement regarding the use of GOCO grant funds for river and floodplain
habitat restoration in the Kingfisher Point Natural Area, in substantially the form of agreement
attached hereto as Exhibit “A” and such other terms and conditions, or subsequent
modifications or amendments, as the City Manager, in consultation with the City Attorney,
determines to be necessary and appropriate to protect the interests of the City and effectuate
the purposes set forth herein, not otherwise inconsistent with this Resolution.
Packet Pg. 86
-2-
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd
day of January, A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 87
EXHIBITA
toCouncilResolutionNo.2017Ͳ____
GRANT AGREEMENT
PROJECT:
Project Title: Poudre River and Floodplain Habitat Restoration at
Kingfisher Point Natural Area
Contract Number: LOG NUMBER
Final Completion Date: December 8, 2018
PARTIES TO AGREEMENT:
Board: The State Board of the Great Outdoors Colorado Trust Fund
1900 Grant Street, Suite 725
Denver, CO 80203
Grantee: City of Fort Collins Natural Areas Department
PO Box 580
Fort Collins, CO 80523
RECITALS
A. The State Board of the Great Outdoors Colorado Trust Fund (“GOCO” or the
“Board”) is a political subdivision of the State of Colorado, created by Article XXVII of the
Colorado Constitution, adopted at the November 1992 General Election, which article
appropriates a portion of the net proceeds of the Colorado Lottery to the Board and directs the
Board to invest those proceeds in the state’s parks, wildlife, open space and recreational
resources.
B. In 2016, the Board offered a statewide grant program pursuant to which eligible
entities could apply for grants for habitat restoration projects on eligible properties.
C. Grantee submitted a detailed application (“Project Application”) to the Board for
a habitat restoration grant, which contemplates the execution of the project entitled and described
above (“Project”). The parties acknowledge that they have on file a complete copy of the Project
Application, which is incorporated by reference.
D. The Board approved Grantee’s Project Application on December 8, 2016, subject
to the execution of a detailed grant agreement. The parties intend this agreement to be the
detailed final grant agreement required by the Board (“Agreement”).
1
Packet Pg. 88
Attachment: Exhibit A (5138 : Habitat Restoration GOCO grant Natural Areas Department-RESO)
Updated 12/2016 Page 2 of 12
AGREEMENT
NOW, THEREFORE, in consideration of the parties’ mutual covenants contained in this
Agreement and other good and valuable consideration, the receipt and sufficiency of which are
acknowledged, the parties agree as follows:
1. Incorporation of Recitals. The Recitals set forth above are incorporated into this
Agreement.
2. Representations and Warranties of Grantee.
a. Grantee is City of Fort Collins, a duly organized in accordance with the laws of Colorado
and has full and lawful authority to enter into, and comply with the terms of, this Agreement.
b. Grantee’s governing body has authorized entering into this Agreement as evidenced by
the resolution attached and incorporated as Exhibit A.
c. Grantee warrants that the land upon which the Project is to be performed is either (1)
owned by a land trust or other private party and is permanently protected by a conservation
easement or other permanent use restriction or (2) publicly owned open space.
3. Grant and Project. Subject to the terms and conditions set forth in this Agreement, the
Board awards to Grantee a sum not to exceed $100,000 (“Grant”). The Grant shall be used by
Grantee solely to complete the Project, in substantial conformity with the final plans,
specifications, designs and uses approved by the Board.
4. Project Scope. Grantee shall not materially modify the Project or the Budget, as defined
below, without the prior written approval of the Executive Director of GOCO (“Executive
Director”) or the Executive Director’s designee, such approval to be in GOCO’s sole discretion.
Any material modification to the Project undertaken without GOCO’s prior written consent may
be deemed a breach of this Agreement by GOCO, entitling GOCO to all remedies available
under this Agreement. If Grantee determines with reasonable probability that the Project will
not or cannot be completed as approved by GOCO, Grantee will promptly advise the Board in
writing and cooperate in good faith to seek a resolution before any further funds are advanced.
5. Approved Budget. Grantee has completed a detailed budget that reflects all anticipated
sources and uses of funds for the Project, including a detailed accounting of Grantee’s
anticipated direct costs and indirect costs associated with the Project, a copy of which is
attached and incorporated as Exhibit B (“Budget”). The Project Application contains a budget
that may not match the approved version attached as Exhibit B and which, therefore, shall not
be relied upon by GOCO or Grantee. Where discrepancies exist, the approved Budget in Exhibit
B shall control until such time as GOCO approves the final version.
6. Insurance. Grantee shall maintain general liability insurance for the entire period of the
Project that covers all staff and volunteers participating in the Project, for protection in the event
of injury and/or damage. The insurance limits shall not be less than $1,000,000 per occurrence
1
Packet Pg. 89
Attachment: Exhibit A (5138 : Habitat Restoration GOCO grant Natural Areas Department-RESO)
Updated 12/2016 Page 3 of 12
and $2,000,000 aggregate. If the Grantee contracts with another organization to complete the
Project, it is the responsibility of the Grantee to ensure its contractor carries insurance that
fulfills this requirement.
7. Grantee Efforts. Grantee shall complete the Project in a timely fashion, in a good and
workmanlike manner, and consistent with this Agreement and GOCO’s approvals related to the
Project.
8. Completion Date. Grantee shall complete the Project and submit the Final Report
described below no later than December 8,2018 (“Project Completion Date”), which is two
calendar years after the Board’s approval of the Project. Grantee may request an extension of
the Project Completion Date in compliance with GOCO’s Overdue Grants procedure, which is
attached as Exhibit C, as may be amended from time to time by GOCO in its sole discretion. If
Grantee determines with reasonable probability that the Project will not or cannot be completed
by the Project Completion Date or any extended completion date, Grantee will promptly advise
the Board in writing and cooperate in good faith to seek a resolution before any further funds
are advanced.
9. Future Funding. This Agreement and the Grant only apply to the Project specifically
described in this Agreement. GOCO makes no representations regarding future funding for
future phases of the Project or any other projects, whether or not described in the Project
Application.
10. Matching Funds. Grantee shall obtain the matching cash and in-kind contributions for
the Project as reflected in the approved Budget or any approved modifications and as required
by GOCO, and shall provide evidence of match as GOCO may require in its reasonable
discretion.
11. Disbursement of Funds. Once the Project is complete, Grantee shall submit a final
report to GOCO detailing the accomplishments of and expenditures related to the Project
(“Final Report”). The Project is complete when all restoration efforts proposed in the Project
Application have been completed. The Final Report must be submitted using GOCO’s Habitat
Restoration Program Final Report Form (available at www.goco.org or by contacting GOCO).
In its discretion, GOCO may request additional documentation before its approval of the Final
Report. Upon GOCO’s approval of the Final Report, GOCO shall pay the funds awarded
through the Grant, subject to any reductions contemplated by any provision of this Agreement.
12. Conditions for Disbursement of Funds. The Grant is subject to the following
requirements and conditions.
a. The Grant and all matching funds shall be used only for those eligible costs proposed in
the Project Application. The Grant and all matching funds may not be used to pay for ineligible
expenses including but not limited to non-fixed asset purchases (such as maintenance
equipment), fundraising costs, any real property purchases, or any other costs deemed to be
ineligible by the Board, at the Board’s sole discretion.
1
Packet Pg. 90
Attachment: Exhibit A (5138 : Habitat Restoration GOCO grant Natural Areas Department-RESO)
Updated 12/2016 Page 4 of 12
b. Disbursement of Grant funds shall be made on the basis of costs actually incurred by
Grantee. All costs exceeding $1,000 must be supported by written documentation (receipts, bills,
etc.). In its discretion and depending on the nature of the Project, GOCO may require
documentation of mechanics’ lien waivers or waivers of claims to public project performance
bonds as a precondition to any disbursement under this Agreement.
c. Except as otherwise agreed to in advance by GOCO in accordance with the terms of this
Agreement, no material modifications may be made to the Project. Material modifications to the
Project to which GOCO has not agreed may result in a reduction in the Grant. “Material
Modifications” may include, but are not necessarily limited to, a reduction in the total cost of the
Project, a reduction in the size or number of restoration components to be completed, changes to
the nature of the restoration or volunteer components of the Project, or any other variance from
the Project as presented in the Project Application. It is the sole responsibility of Grantee to
inform GOCO of any such modifications to the Project. GOCO strongly encourages Grantee to
contact GOCO in writing when it becomes aware of or wishes to make any such modifications,
however seemingly minor, to the Project.
13. Payment of Grant Subject to Sufficient Net Lottery Proceeds. Payment of the Grant
is subject to GOCO’s determination in its sole discretion that it has received and has available
sufficient net lottery proceeds to fund the Grant and that Grantee has complied with this
Agreement, including Grantee’s fulfillment of all conditions precedent to funding. In
determining the sufficiency of net lottery proceeds, GOCO may consider all facts and
circumstances as it deems necessary or desirable in its discretion, including, but not limited to
adequate reserves, funding requirements and/or commitments for other past, current and future
grants, and past, current and future GOCO operating expenses and budgetary needs.
14. Project Operation and Maintenance. GOCO shall not be liable for any cost of
maintenance, management or operation of the Project incurred after the original or any extended
Project Completion Date.
15. Compliance with Regulatory Requirements and Federal and State Mandates.
Grantee assumes responsibility for compliance with all regulatory requirements in all applicable
areas, including but not limited to nondiscrimination, worker safety, local labor preferences,
preferred vendor programs, equal employment opportunity, use of competitive bidding, permits,
approvals, local, state and federal regulations and environmental laws, and other similar
requirements. To the maximum extent permitted by law, Grantee will indemnify and hold the
Board, Executive Director, and GOCO staff harmless from any liability for any failure to
comply with any such applicable requirements.
16. Nondiscrimination. During the performance of this Agreement, Grantee and its
contractors, subcontractors and agents shall not unlawfully discriminate against any employee
or applicant for employment because of race, religion, color, national origin, ancestry, physical
handicap, medical condition, marital status, age or sex, or any other basis prohibited by local,
state or federal law. Grantee and its contractors shall ensure that the evaluation and treatment of
their employees and applicants for employment are free of such discrimination.
1
Packet Pg. 91
Attachment: Exhibit A (5138 : Habitat Restoration GOCO grant Natural Areas Department-RESO)
Updated 12/2016 Page 5 of 12
17. Publicity and Project Information.
a. Grantee shall acknowledge Board funding in all publicity issued by it concerning the
Project.
b. Grantee shall cooperate with GOCO in preparing public information pieces, providing
access to the Project for publicity purposes to the extent allowed by the landowner, and
providing photos or other imagery of the Project from time to time, which GOCO reserves the
right to use and duplicate in any print or electronic publication or platform for publicity,
illustration, advertising, web content, and other purposes at any time without the need to seek
pre-approval from the Grantee.
c. Grantee shall give the Board the right and opportunity to use information gained from the
Project.
d. Grantee shall give the Board a minimum of 30 days’ notice of Project grand openings,
dedications, or other events.
e. At no time shall Grantee represent in any manner to the public or to any party that it is
affiliated with GOCO or acting on behalf of GOCO.
18. Liability.
a. Grantee shall be responsible for, and to the extent permitted by law (including any
constitutional or statutory limitations on the ability of a governmental entity to provide
indemnification), indemnify, defend and hold harmless the Board, its officers, agents and
employees from any and all liabilities, claims, demands, damages or costs (including reasonable
legal fees) resulting from, growing out of, or in any way connected with or incident to Grantee’s
performance of this Agreement. Grantee waives any and all rights to any type of express or
implied indemnity or right of contribution from the State of Colorado, the Board, its members,
officers, agents or employees, for any liability resulting from, growing out of, or in any way
connected with or incident to this Agreement.
b. Grantee acknowledges that Grantee is the owner of the Project and the property upon
which it is located, or has managerial control of the Project or the property, and that GOCO
neither possesses nor controls the Project, the property, nor the operations of the Project.
c. Anything else in this Agreement to the contrary notwithstanding, no term or condition of
this Agreement shall be construed or interpreted as a waiver, either express or implied, of any of
the immunities, rights, benefits or protections provided to the Board under the Colorado
Governmental Immunity Act (“CGIA”) as amended or as may be amended in the future
(including, without limitation, any amendments to such statute, or under any similar statute that
is subsequently enacted). This provision may apply to Grantee if Grantee qualifies for protection
under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. The Board and
Grantee understand and agree that liability for claims for injuries to persons or property arising
out of the negligence of the Board, its members, officials, agents and employees may be
1
Packet Pg. 92
Attachment: Exhibit A (5138 : Habitat Restoration GOCO grant Natural Areas Department-RESO)
Updated 12/2016 Page 6 of 12
controlled and/or limited by the provisions of the CGIA. The parties agree that no provision of
this Agreement shall be construed in such a manner as to reduce the extent to which the CGIA
limits the liability of the Board, its members, officers, agents and employees.
19. Audits and Accounting. Grantee shall maintain standard financial accounts, documents,
and records relating to the use, management, and operation of the Project. Grantee shall retain
the accounts, documents, and records related to the Project for not less than five years following
the final date of disbursement of funds under this Agreement. The Board, or its designated
agent, shall have the right, upon reasonable notice to Grantee, to audit the books and records of
Grantee that pertain to the Project and to the use and disposition of the Grant. While Grantee is
not required to use GAAP (Generally Accepted Accounting Principles), Grantee shall use
reasonable and appropriate accounting systems in maintaining the required records under this
Agreement.
20. Inspection. Throughout the term of this Agreement, GOCO shall have the right to
inspect the Project to ascertain compliance with this Agreement.
21. Withdrawal of Board Funding; Termination of Agreement. Anything in this
Agreement to the contrary notwithstanding, with prior notice to Grantee, GOCO reserves the
right to withhold or withdraw all or a portion of the Grant, to require a full or partial refund of
the Grant, and/or to terminate this Agreement if GOCO determines in its sole discretion that:
a. facts have arisen or situations have occurred that fundamentally alter the expectations of
the parties or make the purposes for the Grant as contemplated infeasible or impractical;
b. any material modifications in the scope or nature of the Project have occurred from that
which was presented in the Project Application approved by GOCO and such material
modifications have not received the prior written approval of GOCO;
c. any statement or representation made by Grantee in the Project Application, this
Agreement, the Final Report, or otherwise is untrue, inaccurate or incomplete in any material
respect;
d. the results of GOCO’s review of the Final Report is not acceptable to GOCO;
e. the Project will not or cannot be completed by the Project Completion Date or any
extensions granted, or delays in the implementation of the Project have occurred which, in the
Board’s judgment, make the Project impracticable;
f. the Project will not or cannot be completed within the Budget or any approved
modifications, or the total Project cost and/or Grantee’s matching funding are reduced without
GOCO’s prior written approval;
g. title to or encumbrances against the property are or become such that Grantee is unable to
complete the Project.
1
Packet Pg. 93
Attachment: Exhibit A (5138 : Habitat Restoration GOCO grant Natural Areas Department-RESO)
Updated 12/2016 Page 7 of 12
22. Breach.
a. In the event that Grantee breaches any of the terms, covenants, representations, or
conditions of this Agreement, the Board may elect to enforce any and all remedies available at
law or in equity, including without limitation any of the following:
i. Prior to payment of Grant:
A. Withdraw the Grant and terminate this Agreement; and,
B. Deny Grantee eligibility for participation in future Board grants, loans or
projects.
ii. After payment (partial or full) of Grant:
A. Deny Grantee eligibility for participation in future Board grants, loans or
projects;
B. Seek specific performance of Grantee’s obligations under this Agreement;
C. Receive reimbursement in full, or in part, of disbursement made under the
Grant.
b. The foregoing remedies are cumulative and may be exercised independently or in
combination and are not exclusive to one another or to any other remedies available at law or in
equity. In the event GOCO must pursue any remedy under this Agreement and is the
substantially prevailing party, GOCO shall be awarded its costs and reasonable legal fees,
including costs of collection.
23. Good Faith. There is an obligation of good faith on the part of both parties, including
the obligation to make timely communication of information that may reasonably be believed to
be material to the other party.
24. Assignment. Grantee may not assign its rights or delegate its obligations under this
Agreement without the express written consent of the Board, which consent shall be in the
discretion of the Board. Any assignment shall require that, at a minimum, the assignee is
eligible to receive grants from the Board and assumes Grantee’s ongoing obligations under this
Agreement.
25. Applicable Law. This Agreement shall be governed by the laws of the State of
Colorado, and venue for any dispute under this Agreement shall lie exclusively in the City and
County of Denver.
26. No Joint Venture. Nothing in this Agreement shall be construed to create a joint
venture, partnership, employer/employee or other relationship between the parties other than
1
Packet Pg. 94
Attachment: Exhibit A (5138 : Habitat Restoration GOCO grant Natural Areas Department-RESO)
Updated 12/2016 Page 8 of 12
independent contracting parties. Neither party shall have the express or implied right to act for,
on behalf of, or in the name of the other party.
27. Severability. If any provision in this Agreement is found to be ambiguous, an
interpretation consistent with the purpose of this Agreement that would render the provision
valid shall be favored over any interpretation that would render it invalid. If any provision of
this Agreement is declared void or unenforceable, it shall be deemed severed from this
Agreement, and the balance of this Agreement shall otherwise remain in full force and effect.
28. Time is of the Essence. Time is of the essence in this Agreement.
29. Survival. The terms and provisions of this Agreement and the parties’ covenants under
this Agreement shall survive the funding of the Grant and the completion of the Project.
30. Fax and Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be an original, but all of which when taken together shall constitute one
agreement. In addition, the parties agree to recognize signatures to this Agreement made
electronically and transmitted electronically or by facsimile as if they were original signatures.
31. Third-Party Beneficiary. The Board and Grantee acknowledge and agree that this
Agreement is intended only to cover the relative rights and obligations between the Board and
Grantee and that no third-party beneficiaries are intended.
32. Notice. Any notice, demand, request, consent, approval or communication that either
party desires or is required to give the other shall be in writing and either served personally or
sent by first class mail, postage prepaid, to the addresses shown on Page 1 of this Agreement.
33. Construction. Each party has reviewed this Agreement, and therefore any usual rules of
construction requiring that ambiguities be resolved against a particular party shall not be
applicable in the construction and interpretation of this Agreement.
34. Waiver. The failure of either party to enforce a term of this Agreement shall not be
deemed a waiver of such term or right of enforcement as to that breach or any subsequent
breach. No waiver shall be enforceable under this Agreement unless signed by the party against
whom the waiver is sought to be enforced.
35. Entire Agreement. Except as expressly provided in this Agreement, this Agreement
constitutes the entire agreement of the parties. No oral understanding or agreement not
incorporated in this Agreement shall be binding upon the parties. No changes to this Agreement
shall be valid unless made in writing, approved by the Board, and signed by the parties.
36. Termination of the Board. If Article XXVII of the Colorado Constitution, which
established GOCO, is amended or repealed to terminate GOCO or merge GOCO into another
entity, the rights and obligations of GOCO under this Agreement shall be assigned to and
assumed by such other entity as provided by law, but in the absence of such direction, by the
Colorado Department of Natural Resources or its successor.
1
Packet Pg. 95
Attachment: Exhibit A (5138 : Habitat Restoration GOCO grant Natural Areas Department-RESO)
Updated 12/2016 Page 9 of 12
IN WITNESS WHEREOF, the parties by signature below of their authorized representatives
execute this Agreement effective as of February 6, 2017.
STATE BOARD OF THE GREAT GRANTEE:
OUTDOORS COLORADO TRUST FUND City of Fort Collins
By: _______________________________ By: ______________________________
Jim Spaanstra Name:______________________________
Executive Director Title: ________________________________
*NOTE* Signee should be same individual
authorized to sign grant agreement in
attached resolution (EXHIBIT A)
1
Packet Pg. 96
Attachment: Exhibit A (5138 : Habitat Restoration GOCO grant Natural Areas Department-RESO)
Updated 12/2016 Page 10 of 12
EXHIBIT A
RESOLUTION
1
Packet Pg. 97
Attachment: Exhibit A (5138 : Habitat Restoration GOCO grant Natural Areas Department-RESO)
Updated 12/2016 Page 11 of 12
EXHIBIT B
PROJECT BUDGET
(Submit a new budget if the project numbers have changed.)
N/A - No changes were made from the grant application
1
Packet Pg. 98
Attachment: Exhibit A (5138 : Habitat Restoration GOCO grant Natural Areas Department-RESO)
Updated 12/2016 Page 12 of 12
EXHIBIT C
OVERDUE GRANTS PROCEDURE
GOCO understands that there are unforeseen circumstances that may interfere with a grantee’s
ability to complete a project by the project completion date set forth in the grant agreement. This
procedure outlines the options available to grantees to extend a grant deadline.
1) Staff Extensions: Staff can grant an extension for at least 90 days and up to the date
of the next scheduled GOCO Board meeting beyond that 90 days. A grantee may only
request one staff extension per project.
a. The grantee must submit a request for a staff extension prior to the original
project completion date via email or postal mail to the appropriate GOCO
program staff.
b. Requests must include the following: a) grantee name; b) project title; c) contract
number from the grant agreement; d) original project completion date; e) percent
of project completed to date or due diligence items completed to date for land
acquisitions; f) reason for delay; g) estimated date of project completion or
closing; and h) estimated date of final report submission to GOCO, if applicable.
c. Staff will notify the grantee via email of the decision to grant or deny the request
for a staff extension.
2) Board Extensions: If the grantee needs more time than a staff extension would
provide, the grantee must request a board extension. A grantee can request a second
board extension if needed, although this is not a favorable action.
a. The grantee must submit a request for a board extension prior to the original or
staff-extended project completion date via email or postal mail. Requests must be
sent to the appropriate GOCO program staff.
b. Requests must include the following: a) grantee name; b) project title; c) contract
number from the grant agreement; d) original project completion date and, if
applicable, staff-extended project completion date; e) percent of project
completed to date or due diligence items completed to date for land acquisitions;
f) reason for delay; g) estimated date of project completion or closing; and h)
estimated date of final report submission to GOCO, if applicable.
c. The board will consider the request for board extension at its next scheduled
meeting. Staff will notify the grantee via email of the board’s decision to grant or
deny the request for a board extension.
d. Requests for a second board extension must follow all of the procedures listed
above.
3) To request a staff or board extension, use the Project Extension Request form.
4) GOCO expects the grantee to request the appropriate amount of time needed to
complete the project. Failure to complete a project by the original due date, or by any
extended due dates authorized by staff or the board, may result in the de-authorization
of the grant and a suspension from applying in future grant cycles.
1
Packet Pg. 99
Attachment: Exhibit A (5138 : Habitat Restoration GOCO grant Natural Areas Department-RESO)
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY January 3, 2017
City Council
THIS ITEM HAS BEEN AMENDED TO ADD ADDITIONAL APPOINTMENTS TO THE RESOLUTION.
STAFF
Christine Macrina, Boards and Commissions Coordinator
SUBJECT
Resolution 2017-003 Making Appointments to Various Boards and Commissions of the City of Fort Collins.
EXECUTIVE SUMMARY
The purpose of this item is to appoint individuals to fill vacancies that currently exist on various boards,
commissions, and authorities due to resignations of board members and vacancies to be created upon the
expiration of terms of current members. Applications were solicited from October through December. Council
teams interviewed applicants during November and December. This Resolution appoints individuals to fill
current vacancies and expiring terms.
This Resolution does not fill all vacancies. Interviews are continuing, and any remaining vacancies will be
advertised as needed.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
This Resolution makes 17 22 appointments to 6 8 boards and commissions to fill expired terms to begin
immediately on January 3, 2017. Names of those individuals recommended to fill expired terms have been
inserted in the Resolution with the expiration date following the names.
-1-
RESOLUTION AMENDED 12/30/16
RESOLUTION 2017-003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS,
AND AUTHORITIES OF THE CITY OF FORT COLLINS
WHEREAS, vacancies currently exist on various boards, commissions, and authorities of
the City due to resignations by board members and vacancies will be created due to the
expiration of the terms of certain current members; and
WHEREAS, the City Council desires to make appointments to fill the vacancies which
exist on the various boards, commissions, and authorities.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
That the following named persons are hereby appointed to fill current vacancies on the boards,
commissions, and authorities hereinafter indicated, with terms to begin immediately and to
expire as set forth after each name:
Golf Board Expiration of Term
Ross Ligget December 31, 2020
Commission on Disability Expiration of Term
Jan Barela-Smith December 31, 2020
Rustin Hughes December 31, 2020
Human Relations Commission Expiration of Term
Joe Somodi December 31, 2020
Kimberly Allison December 31, 2020
Susan Mathre December 31, 2020
Land Conservation & Stewardship Board Expiration of Term
Mike Weber December 31, 2018
Edward Reifsnyder December 31, 2020
Andrea Elson December 31, 2020
-2-
Landmark Preservation Commission Expiration of Term
Belinda Zink December 31, 2017
Alexandra Wallace December 31, 2020
Mollie Simpson December 31, 2020
Planning and Zoning Board Expiration of Term
William Whitley December 31, 2019
Emily Heinze December 31, 2020
Ruth Rollins December 31, 2020
Transportation Board Expiration of Term
Valerie Arnold December 31, 2018
Indy Hart December 31, 2020
Andrew Bondi December 31, 2020
Water Board Expiration of Term
Steve Malers December 31, 2020
Kent Bruxvoort December 31, 2020
Jim Kuiken December 31, 2020
John Primsky December 31, 2020
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd
day of January, A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY January 3, 2017
City Council
STAFF
Wanda Winkelmann, City Clerk
Rita Knoll, Chief Deputy City Clerk
Carrie Daggett, City Attorney
SUBJECT
Items Relating to the Submission of Charter Amendments to a Vote of the Registered Electors of the City at
the April 4, 2017, Regular Municipal Election.
EXECUTIVE SUMMARY
A. Possible Public Hearing and Motions Regarding Protest(s) of Ballot Language.
B. First Reading of Ordinance No. 001, 2017, Submitting to a Vote of the Registered Electors of the City of
Fort Collins a Proposed Amendment to Section 7 of Article VIII of the City Charter Pertaining to the Date of
Certification of Election Results (the “Canvass”), Proposed Amendments to Section 1 (d) and Section 4 of
Article II of the City Charter Pertaining Respectively to the Timing of the Council Organizational Meeting
Following an Election, and when Councilmember Terms of Office Begin.
C. First Reading of Ordinance No. 002, 2017, Submitting to a Vote of the Registered Electors of the City of
Fort Collins a Proposed Amendment to Section 11 of Article II of the City Charter Pertaining to the Process
for Cancelling a Council Meeting.
D. First Reading of Ordinance No. 003, 2017, Submitting to a Vote of the Registered Electors of the City of
Fort Collins a Proposed Amendment to Section 9 of Article IV of the City Charter Pertaining to Conflicts of
Interest and Certain Prohibited Sales to the City.
E. First Reading of Ordinance No. 004, 2017, Submitting to a Vote of the Registered Electors of the City of
Fort Collins a Proposed Amendment to Section 1 of Article VII of the City Charter Pertaining to
Appointment of Municipal Judges.
The purpose of these items is to submit various Charter amendments to the voters in April that will: (1) change
the deadline for final certification of an election so that the City may implement signature verification, and
corresponding changes to the date of the Council organizational meeting and the beginning of Councilmember
terms of office; (2) outline a process for the cancellation of a Council meeting in the event of unforeseen
circumstances (i.e., weather, natural disasters, emergencies); (3) clarifying when City officials and employees,
and their relatives, have a conflict of interest in a sale of property or services to the City concerning which sale
the officer or employee has decision-making or supervisory authority; and (4) to allow the Council to appoint
additional Municipal Judges and to designate a Chief Municipal Judge.
Any protest of the proposed ballot language must be received no later than Tuesday, January 3, at noon. The
protest(s) shall be heard, considered, and resolved by Council prior to adoption of Ordinances No. 001, 002,
003 and 004, 2017. If protest(s) are received, copies will be included in Council’s “Read-before” packet.
10
Packet Pg. 103
Agenda Item 10
Item # 10 Page 2
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
Through Resolution 2015-092, City Council appointed three Councilmembers (Ross Cunniff, Bob Overbeck,
and Kristin Stephens) to an ad hoc committee to review, discuss, and recommend the most beneficial changes
to the City Charter and Chapter 7 of the City Code regarding elections. As a result of the committee’s work,
Ordinance No. 021, 2016, was adopted by Council in February 2016 that amended Chapter 7 related to
election workers, recounts, protests, filing of reports, campaign contributions, notice of election, order of items
on the ballot, qualification of ballots, rejected ballots, and election results. Most recently, the committee met
three additional times (July 18, September 14 and November 10) to review additional amendments, including
the three proposed Charter amendments presented here.
A work session was held on December 13 to review the Committee’s recommendations, and Council was
supportive of the Committee’s recommendations.
An additional proposed amendment relating to the appointment of Municipal Judges has been added.
The proposed amendments and the reasons for them are as follows:
B. Charter Amendments Pertaining to the Date of Certification of Election Results, the Council
Organizational Meeting, and When a Councilmember’s Term of Office Begins.
This proposed amendment contains three related items. The first is a change to the date of certification of
elections results (also known as the canvass), which is being proposed to allow the City Clerk to begin the
practice of signature verification in 2019. Until adoption of HB 16-1070 in 2016, municipalities were not
authorized to conduct signature verification and the Secretary of State was not required to make digital
signatures available to municipalities for such use. Pursuant to the HB 16-1070, signature verification by
municipalities is to begin with elections conducted after March 30, 2018. A component of signature verification
is to provide voters notification of signature discrepancies (missing signature or unmatchable signature) and
provide them an opportunity to correct the discrepancy up to eight days after Election Day. In order to allow
that additional time, the date of certification of election results must be moved from three days following
Election Day to after the eight-day deadline. The recommendation is change the deadline for certification to 10
days following Election Day.
If the date of certification is moved, then the date of the organizational meeting must also be adjusted to
account for the delay in certification. A minor amendment to the provision addressing when a
Councilmember’s term of office is also advisable.
C. Charter Amendment Pertaining to the Process for Cancelling a Council Meeting.
During the course of conversations with the Council Election Code Committee about the impact of changing
the date of certification of election results, it occurred to staff that a recent cancellation of a Council meeting
due to inclement weather required the City Attorney and Chief Deputy City Clerk to drive to City Hall in order to
determine that there was no one present to convene the meeting, and therefore, the Chief Deputy City Clerk,
on behalf of the City Clerk, postponed the meeting. This process seemed to be incongruent with the reason for
cancelling the meeting in the first place - to keep people off the streets in bad weather. The proposed
amendment would allow City Manager, in consultation with the Mayor, to cancel the meeting and remotely take
action to notify the public and the other Councilmembers via the news media, the City’s website, etc.
D. Charter Amendment Pertaining to Conflicts of Interest and Prohibited Sales to the City.
On July 26, 2016, the City Council adopted Resolution 2016-058, accepting the recommendations of the Ethics
Review Board as laid out in Ethics Opinion 2016-01 (Attachment 2). The Ethics Review Board recommended
10
Packet Pg. 104
Agenda Item 10
Item # 10 Page 3
that Council propose a clarifying change to the Charter to avoid future uncertainty and debate related to the
language of Article IV, Section 9(b)(1)c. This provision prohibits a sale of property or services to the City
where an officer or employee exercises decision-making or supervisory authority over the property sold or
services provided. The clarifying language makes clear that this prohibition is intended to apply to the exercise
of decision-making or supervisory authority on behalf of the City (as opposed to such authority outside of and
unrelated to the officer’s or employee’s role with the City).
E. Charter Amendment Pertaining to the Appointment of Municipal Judges.
The demands on the Fort Collins Municipal Court and Municipal Judge have increased over the years, due to
changes in the case load as well as the addition of Liquor Licensing Authority duties. This proposed Charter
change is intended to give City Council more flexibility in hiring additional Municipal Judge(s) when appropriate
and necessary. Charter provisions allowing Councils to appoint more than one Municipal Judge are common in
Northern Colorado. The proposed language calls for the appointment of a Chief Judge, with duties to be
established in the Code, and details relating to assignment of duties between Municipal Judges could be
addressed in employment agreements, or by the Chief Judge, at Council’s discretion.
In addition, the amendment includes an edit to make clear that a temporary judge may be appointed as the
Council determines necessary.
ATTACHMENTS
1. Work Session Summary, December 13, 2016 (PDF)
2. Ethics Review Board Opinion No. 2016-01 (PDF)
3. Powerpoint presentation (PPTX)
10
Packet Pg. 105
ATTACHMENT 1
10.1
Packet Pg. 106
Attachment: Work Session Summary, December 13, 2016 (5139 : Elections - Charter Changes)
ATTACHMENT 2
10.2
Packet Pg. 107
Attachment: Ethics Review Board Opinion No. 2016-01 (5139 : Elections - Charter Changes)
10.2
Packet Pg. 108
Attachment: Ethics Review Board Opinion No. 2016-01 (5139 : Elections - Charter Changes)
10.2
Packet Pg. 109
Attachment: Ethics Review Board Opinion No. 2016-01 (5139 : Elections - Charter Changes)
10.2
Packet Pg. 110
Attachment: Ethics Review Board Opinion No. 2016-01 (5139 : Elections - Charter Changes)
10.2
Packet Pg. 111
Attachment: Ethics Review Board Opinion No. 2016-01 (5139 : Elections - Charter Changes)
10.2
Packet Pg. 112
Attachment: Ethics Review Board Opinion No. 2016-01 (5139 : Elections - Charter Changes)
10.2
Packet Pg. 113
Attachment: Ethics Review Board Opinion No. 2016-01 (5139 : Elections - Charter Changes)
10.2
Packet Pg. 114
Attachment: Ethics Review Board Opinion No. 2016-01 (5139 : Elections - Charter Changes)
10.2
Packet Pg. 115
Attachment: Ethics Review Board Opinion No. 2016-01 (5139 : Elections - Charter Changes)
10.2
Packet Pg. 116
Attachment: Ethics Review Board Opinion No. 2016-01 (5139 : Elections - Charter Changes)
1
Charter and Code Amendments
Wanda Winkelmann, City Clerk; Rita Knoll, Chief Deputy City Clerk,
Carrie Daggett, City Attorney
January 3,2017
10.3
Packet Pg. 117
Attachment: Powerpoint presentation (5139 : Elections - Charter Changes)
Background
• Resolution 2015-092 created an ad hoc committee
• Councilmembers Cunniff, Overbeck, and Stephens
• Ordinance No. 021, 2016 was adopted that amended Chapter 7 related to
elections
• The Committee met three additional times (July 18, September 14, and
November 10) and recommend changes to the Charter and Code
• December 13 Work Session was held and Council was agreeable to the
Committee’s recommendations
2
10.3
Packet Pg. 118
Attachment: Powerpoint presentation (5139 : Elections - Charter Changes)
Proposed Charter Amendment
3
Issue Recommended Action
Amend the Canvass Date
Amend language regarding
the Organizational Meeting
1. Charter Amendment that moves the
canvass date to 10 days after the election.
2. Organizational meeting would be held after
the final certification and expiration of the
recount period
10.3
Packet Pg. 119
Attachment: Powerpoint presentation (5139 : Elections - Charter Changes)
Proposed Charter Amendment
4
Issue Recommended Action
Cancellation of a Council
Meeting
1. Charter Amendment that would permit the
City Manager, in consultation with the
Mayor, to cancel a Council meeting in the
event of an emergency, natural disaster,
etc.
10.3
Packet Pg. 120
Attachment: Powerpoint presentation (5139 : Elections - Charter Changes)
Proposed Charter Amendment
5
10.3
Packet Pg. 121
Attachment: Powerpoint presentation (5139 : Elections - Charter Changes)
Proposed Code Amendment
6
Issue Recommended Action
Update Charter provision
regarding appointment of
additional Municipal
Judges
Amend the Charter to clarify that Council
may appoint multiple Municipal Judges and
a Chief Judge
10.3
Packet Pg. 122
Attachment: Powerpoint presentation (5139 : Elections - Charter Changes)
Summary
1. Amending the Canvass Date, Organizational Meeting
2. Cancellation of a Council Meeting
3. Conflict of Interest – Sales to the City
4. Appointment of Municipal Judges
7
10.3
Packet Pg. 123
Attachment: Powerpoint presentation (5139 : Elections - Charter Changes)
-1-
ORDINANCE NO. 001, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT
COLLINS A PROPOSED AMENDEMENT TO SECTION 7 OF ARTICLE VIII OF THE CITY
CHARTER PERTAINING TO THE DATE OF CERTIFICATION OF ELECTION RESULTS
(THE “CANVASS”), AND PROPOSED AMENDMENTS TO SECTION 1 AND SECTION 4
OF ARTICLE II OF THE CITY CHARTER, PERTAINING RESPECTIVELY TO THE
TIMING OF THE COUNCIL ORGANIZATIONAL MEETING FOLLOWING AN
ELECTION, AND WHEN COUNCILMEMBER TERMS OF OFFICE BEGIN
WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”)
provides that the Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter
amendments may be initiated by the adoption of an ordinance by the City Council submitting a
proposed amendment to a vote of the registered electors of the City of Fort Collins; and
WHEREAS, as election laws, practices and procedures evolve, there are increasing and
improved options for verification of mail ballot signatures, notification and correction of
signature defects, and measures to improve the ability of overseas and uniformed voters to
submit ballots in time to be counted in an election; and
WHEREAS, the Council desires to enable the potential development of improved
practices given the increasing options described above by allowing additional time for the
certification of final elections results; and
WHEREAS, the Charter currently provides that a municipal election must be certified on
the third day after the election, and a period of up to ten (10) days would allow for future
adoption of election process improvements along the lines of those described above, as well as
others; and
WHEREAS, the timing of both the organizational meeting of the City Council after an
election and the election by Council of the mayor pro tem for the Council term is currently set by
reference to the election rather than by reference to the certification of the election; and
WHEREAS, the certification of the election marks the completion of the election process
and is the appropriate triggering date for organizational activities of the new Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the following proposed changes to Sections 1 and 4 of Article II and
Section 7 of Article VIII of the Charter shall be submitted to the registered electors of the City as
Packet Pg. 124
-2-
“Proposed Charter Amendment No. 1” at the regular municipal election to be held on Tuesday,
April 4, 2017:
ARTICLE II.
CITY COUNCIL
Section 1. Membership; terms.
(a) Composition of Council. The Council shall consist of seven (7) members,
including a Mayor and Mayor Pro Tem, elected as provided in this Article.
(b) Method of election. The Mayor shall be nominated and elected from the city at
large. The remaining six (6) members shall be nominated and elected by Districts. The
election of District Councilmembers shall alternate between the election of
representatives for Council Districts 1, 3 and 5 and the election of representatives for
Council Districts 2, 4 and 6.
(c) Council district boundaries. The city shall be divided into six (6) contiguous,
reasonably compact districts, each of which shall consist of contiguous, undivided
general election precincts and, to the extent reasonably possible, an equal number of
inhabitants. The districts shall be numbered consecutively in a clockwise fashion
beginning with the northeast district, which shall be District 1. The Council shall
establish by ordinance the process for adjusting district boundaries and giving notice of
any proposed boundary changes, and the manner of protesting such proposed changes.
(d) Terms. Except as otherwise provided in Section 18 of this Article and Section 3(d)
of Article IX, the term of office of the Mayor shall be two (2) years, and the term of
office of all other members of the Council shall be four (4) years each; provided,
however, that all such officers shall serve until their successors have been elected and
have taken office. The terms of the Mayor and other members of the Council shall begin
when they take the oath of office, which shall occur as the first order of business at the
first regular or special Council meeting following their election the final certification of
election results and after expiration of the recount period, or their appointment.
…
Section 4. Organization
The Mayor shall preside at meetings of the Council and shall be recognized as head of the
city government for all ceremonial purposes and by the Governor of the state for
purposes of military law. The Mayor shall execute and authenticate legal instruments
requiring the signature of the Mayor. The Mayor shall also perform such other duties as
may be provided by ordinance which are not inconsistent with the provisions of this
Charter.
At the first regular or special meeting after every biennial final certification of a City
election, the Council shall elect a Mayor Pro Tem for a two (2) year term from among
Packet Pg. 125
-3-
the members of the Council to act as Mayor during the absence or disability of the
Mayor. If a vacancy occurs in the position of Mayor, the Mayor Pro Tem shall become
Mayor as provided in Section 18(b) below.
…
ARTICLE VIII.
ELECTIONS
Section 7. Certification of election results.
No later than the tenth On the third day after every city election and, after verifying the
total number of legal votes cast for each candidate and measure voted upon, the Board of
Elections shall complete a certificate declaring the results of the election. The candidate
receiving the highest number of votes for a particular office shall be declared elected to
that office. In event of a tie, the selection shall be made by the Board of Elections by lot
after notice to the candidates affected. In case the candidate elected fails to qualify
within sixty (60) days after the date of issuance of the certificate of election, the
candidate with the next highest vote shall be elected, and the candidate failing to qualify
shall forfeit his or her office whether or not such candidate has taken the oath of office.
If there is no other elected successor who qualifies, the office shall be deemed vacant,
and shall be filled by appointment by the remaining members of the council, as provided
in Article II, Section 18. In the event of a mandatory recount or recount by request, the
Board of Elections shall complete an amended certificate declaring the results of the
election no later than the fifth day after the completion of the recount.
Section 3. That the following ballot title and submission clause are hereby adopted
for submitting Proposed Charter Amendment No. 1 to the voters at said election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. 1
Shall Section 7 of Article VIII of the Charter of the City of Fort Collins,
pertaining to certification of City elections, be amended to change the time for
certification of an election from the third day to no later than the tenth day after
the election, and shall Section 1(d) and Section 4 of Article II of the Charter,
pertaining to City Council, be amended to require that the organizational meeting
and election of the mayor pro tem, respectively, take place at the next meeting
after certification of the election, rather than the next meeting after the election?
______Yes/For
______No/Against
Packet Pg. 126
-4-
Introduced, considered favorably on first reading, and ordered published this 3rd day of
January, A.D. 2017, and to be presented for final passage on the 17th day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 127
-1-
ORDINANCE NO. 002, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT
COLLINS A PROPOSED AMENDMENT TO SECTION 11 OF ARTICLE II OF THE CITY
CHARTER PERTAINING TO THE PROCESS FOR CANCELLING A COUNCIL MEETING
WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”)
provides that the Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter
amendments may be initiated by the adoption of an ordinance by the City Council submitting a
proposed amendment to a vote of the registered electors of the City of Fort Collins; and
WHEREAS, on occasion a natural disaster, emergency or other unforeseen circumstance
causes necessitates that a regular Council be cancelled; and
WHEREAS, the Charter currently requires that the City Clerk determine whether any
Councilmembers are present for the scheduled meeting prior to cancellation for unforeseen
events that have made the meeting undesirable or impracticable, as described above; and
WHEREAS, Council desires to update the process for such cancellations to allow the
City Manager, by agreement with the Mayor, to determine that circumstances require that a
scheduled Council meeting be cancelled and then to cancel it, and requiring the City Manager to
make reasonable efforts to notify all Councilmembers and the public of the cancellation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the following proposed changes to Section 11 of Article II of the City
Charter shall be submitted to the registered electors of the City as “Proposed Charter
Amendment No. 2” at the regular municipal election to be held on Tuesday, April 4, 2017:
ARTICLE II.
CITY COUNCIL
Section 11. Meetings, quorum, executive session.
The Council shall hold regular meetings at such time and place as it may prescribe by
ordinance and shall prescribe the manner in which special meetings may be called. Notice
of any special meeting shall be given to all Councilmembers no less than one (1) day
prior to such meeting. All meetings shall be open to the public. A majority of the
members of Council shall constitute a quorum sufficient to transact business. A smaller
Packet Pg. 128
-2-
number can adjourn a meeting to a later date and time, and in the absence of all members,
the City Clerk may adjourn any meeting for not longer than one (1) week. In the event of
an emergency, natural disaster, or unforeseen circumstance that renders the holding of a
meeting undesirable or impracticable, the City Manager may, with agreement of the
Mayor, cancel a City Council meeting and shall make a reasonable attempt to notify the
public and the other members of Council of such cancellation before the scheduled time
of the meeting. No other action, except to adjourn, may be taken by the Council in the
absence of a quorum, unless the absence of a quorum is due to the filing of conflict of
interest disclosure statements by all absent members, in which event at least three (3)
remaining members may transact business. By majority vote of those present and voting,
the Council may approve any action of the Council except the passage of emergency
ordinances and the approval of executive sessions. By two-thirds (2/3) vote of those
present and voting, the Council may go into executive session, which shall be closed to
the public. Executive sessions may only be held to:
(1) discuss personnel matters; or
(2) consult with attorneys representing the city regarding specific legal
questions involving litigation or potential litigation and/or the manner in which
particular policies, practices or regulations of the city may be affected by existing
or proposed provisions of federal, state or local law; or
(3) consider water and real property acquisitions and sales by the city; or
(4) consider electric utility matters if such matters pertain to issues of
competition in the electric utility industry.
Section 3. That the following ballot title and submission clause are hereby adopted
for submitting Proposed Charter Amendment No. 2 to the voters at said election:
Packet Pg. 129
-3-
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. 2
Shall Section 11 of Article II of the Charter of the City of Fort Collins, pertaining
to City Council meetings, be amended to allow the City Manager, with agreement
of the Mayor, to cancel a City Council meeting in the event of an emergency,
natural disaster, or unforeseen circumstance that renders the holding of a meeting
undesirable or impracticable?
______Yes/For
______No/Against
Introduced, considered favorably on first reading, and ordered published this 3rd day of
January, A.D. 2017, and to be presented for final passage on the 17th day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 130
-1-
ORDINANCE NO. 003, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF
FORT COLLINS A PROPOSED AMENDMENT TO SECTION 9 OF ARTICLE IV
OF THE CITY CHARTER PERTAINING TO CONFLICTS OF INTEREST
AND CERTAIN PROHIBITED SALES TO THE CITY
WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”)
provides that the Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter
amendments may be initiated by the adoption of an ordinance by the City Council submitting a
proposed amendment to a vote of the registered electors of the City of Fort Collins; and
WHEREAS, during 2016 the Ethics Review Board met several times to review and
discuss questions related to conflicts of interest for City officers and employees, culminating in
Ethics Opinion 2016-01, which as accepted by the City Council on July 26, with the adoption of
Resolution 2016-058; and
WHEREAS, Ethics Opinion 2016-01 included a recommendation that the provision of
the Charter prohibiting City officers and employees from having a financial interest in a sale to
the City be clarified to eliminate confusion as to scope of certain elements of the prohibition; and
WHEREAS, in particular, the Ethics Review Board and the Council indicated that
limitations arising from an officer’s or employee’s role in directing or supervising the work are
triggered by the officer’s or employee’s role and authority as an officer or employee of the City;
and
WHEREAS, accordingly, Council desires to submit to the voters the Charter amendment
below making these clarifying changes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the following proposed changes to Section 9(b)(1) of Article IV of
the City Charter shall be submitted to the registered electors of the City as “Proposed Charter
Amendment No. 3” at the regular municipal election to be held on Tuesday, April 4, 2017:
Packet Pg. 131
-2-
ARTICLE IV.
GENERAL PROVISIONS
Section 9. Conflicts of interest.
…
(b) Rules of conduct concerning conflicts of interest.
(1) Sales to the city. No officer or employee, or relative of such officer or
employee, shall have a financial interest in the sale to the city of any real or
personal property, equipment, material, supplies or services, except personal
services provided to the city as an officer or employee, if:
a. such officer or employee is a member of the Council;
b. such officer or employee exercises, directly or indirectly, any decision-
making authority on behalf of the city concerning such sale; or
c. in the case of services, such officer or employee exercises any
supervisory authority in his or her role as a city officer or employee over
the services to be rendered to the city.
…
Section 3. That the following ballot title and submission clause are hereby adopted
for submitting Proposed Charter Amendment No. 3 to the voters at said election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. 3
Shall Section 9(b)(1) of Article IV of the Charter of the City of Fort Collins,
pertaining to conflicts of interest and prohibited sales to the City, be amended to
clarify that officers or employees, and their relatives, are prohibited from having a
financial interest in a sale to the city if such officer or employee exercises
decision-making authority on behalf of the city, or exercises supervisory
authority, in his or her role as a city officer or employee, over the services
provided?
______Yes/For
______No/Against
Packet Pg. 132
-3-
Introduced, considered favorably on first reading, and ordered published this 3rd day of
January, A.D. 2017, and to be presented for final passage on the 17th day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 133
-1-
ORDINANCE NO. 004, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT
COLLINS A PROPOSED AMENDMENT TO SECTION 1 OF ARTICLE VII OF THE CITY
CHARTER PERTAINING TO APPOINTMENT OF MUNICIPAL JUDGES
WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”)
provides that the Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter
amendments may be initiated by the adoption of an ordinance by the City Council submitting a
proposed amendment to a vote of the registered electors of the City of Fort Collins; and
WHEREAS, Article VII, Section 1 of the Charter of the City of Fort Collins provides for
the appointment of a Municipal Judge; and
WHEREAS, the demands on the Fort Collins Municipal Court and Municipal Judge have
increased over the years, due to changes in the case load as well as the addition of Liquor
Licensing Authority duties; and
WHEREAS, additional flexibility to hire additional Municipal Judge(s) when appropriate
and necessary and to appoint a Chief Judge with specified duties would allow the Municipal
Court to better evolve along with the Court’s evolving case load and schedule; and
WHEREAS, Charter provisions allowing city councils to appoint more than one
municipal judge are common in Northern Colorado; and
WHEREAS, the proposed language calls for the appointment of a Chief Judge, with
duties to be established in the Code, and details relating to assignment of duties between
Municipal Judges could be addressed in employment agreements, or by the Chief Judge, at
Council’s discretion; and
WHEREAS, the proposed language also updates the authorization for appointment of
temporary judge to allow such appointments as Council determines necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the following proposed changes to Section 1 of Article VII of the
City Charter shall be submitted to the registered electors of the City as “Proposed Charter
Amendment No. 4” at the regular municipal election to be held on Tuesday, April 4, 2017:
Packet Pg. 134
-2-
ARTICLE VII.
MUNICIPAL COURT
Section 1. Municipal court.
There shall be a Municipal Court vested with original jurisdiction of all causes arising
under the City's Charter and ordinances. The Council shall appoint a Municipal Judge the
judge or judges of Municipal Court for a two (2) year terms. and Council shall designate
a Chief Judge to carry out related duties as adopted by the Council by ordinance, and
shall fix the compensation of the Municipal Judges. Such compensation shall in no
manner be contingent upon the amount of fees, fines or costs imposed or collected. The
Municipal Judges shall be licensed to practice law in the State of Colorado during theirhis
or her tenure in office, but need not be so licensed prior to appointment. As Council
determines necessary, In the absence of the Municipal Judge, the Council mayshall
designate one (1) or more a reputable and qualified attorneys to serve as a temporary
judge. The Council may remove athe Municipal Judge for cause.
Rules of procedure, costs and fees shall be enacted by the Council upon recommendation
of the Chief Municipal Judge.
Section 3. That the following ballot title and submission clause are hereby adopted
for submitting Proposed Charter Amendment No. 4 to the voters at said election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. 4
Shall Section 1 of Article VII of the Charter of the City of Fort Collins, pertaining
to Municipal Court, be amended to allow the City Council to appoint multiple
judges of Municipal Court, to designate a Chief Judge, and to specify the duties
for the Chief Judge by ordinance, and further to appoint temporary judges as
Council determines necessary?
______Yes/For
______No/Against
Packet Pg. 135
-3-
Introduced, considered favorably on first reading, and ordered published this 3rd day of
January, A.D. 2017, and to be presented for final passage on the 17th day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 136
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY January 3, 2017
City Council
STAFF
Wanda Winkelmann, City Clerk
Rita Knoll, Chief Deputy City Clerk
Carrie Daggett, City Attorney
SUBJECT
Items Relating to City Elections.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 005, 2017, Amending Chapter 7 of the Code of the City of Fort Collins to
Amend Requirements and Procedures for City Elections.
B. Resolution 2017-004 Establishing a Council Election Code Committee and Appointing its Members.
The purpose of this item is to adopt changes to Chapter 7 of the City Code as recommended by the ad hoc
Council Committee and the City Clerk and to create a Council Election Code Committee.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading and the Resolution.
BACKGROUND / DISCUSSION
Through Resolution 2015-092, City Council appointed three Councilmembers (Ross Cunniff, Bob Overbeck,
and Kristin Stephens) to an ad hoc committee to review, discuss, and recommend the most beneficial changes
to Chapter 7 of the City Code and Article VIII of the Charter regarding elections. As a result of the committee’s
work, Ordinance No. 021, 2016 was adopted by Council in February 2016 that amended Chapter 7 related to
election workers, recount, protests, filing of reports, campaign contributions, notice of election, order of items
on the ballot, qualification of ballots, rejected ballots, and election results. Most recently, the committee met
three additional times (July 18, September 14, and November 10) to review certain amendments.
A Work Session was held on December 13 to review the Committee’s recommendations, and Council was
supportive of the Committee’s recommendations below.
Recommended Election Code Amendments
Proposed Amendment/Clarification Corresponding
Section #’s
1. Require signature verification beginning with the April 2019 election (if the
Charter Amendment passes related to the Canvass Date, staff will bring this
forward in May 2017)
7-190, 7-191, 7-192
2. Add expenditure recordkeeping requirements for campaign committees and
independent expenditures
7-135, 7-139
3. Clarify when the City Clerk recommends amending the District-Precinct
map
7-71, 7-87
11
Packet Pg. 137
Agenda Item 11
Item # 11 Page 2
4. Clarify the process for addressing election complaints 7-20, 7-145 through
7-150
5. Amend the Code to address small-scale issue committees 7-132, 7-136
6. Change the Election Code Committee from ad hoc to standing N/A
CITY FINANCIAL IMPACTS
If signature verification is conducted (beginning with the April 2019 election), staff anticipates the cost for the
required hardware and software will be $75,000.
PUBLIC OUTREACH
Attending the Election Code Committee meetings were members of the League of Women Voters, the
Chamber of Commerce, and several citizens.
ATTACHMENTS
1. Election Complaint Form (PDF)
2. December 13, 2016 Work Session Summary (PDF)
3. Powerpoint presentation (PDF)
11
Packet Pg. 138
For City Clerk’s Use Only: Date Filed: Initials:
For City Clerk’s Use Only
Date Complaint Forwarded to City Manager and City Attorney: Initials:
Return this completed form to:
City Clerk’s Office, 300 LaPorte Avenue, Fort Collins, CO 80521, or email to cityclerk@fcgov.com
NOTICE OF ELECTION COMPLAINT
Complainant Information: Name, address, telephone number(s), and email address of the complainant (who must be a
registered elector). If more than one complainant, please provide the name, address, telephone number(s), email address, and
signature of each complainant on the back of this form or on additional sheets.
Name:
Complainant’s
Signature:
Street
Address: Zip Code:
Phone #:
Email:
An election complaint, in accordance with Section 7-145, must be filed with the
City Clerk no later sixty (60) days after the alleged violation has occurred.
GROUNDS FOR ELECTION COMPLAINT
Name of alleged violator(s):
Date(s) of alleged violation:
Code provision allegedly violated:
Detailed description of the offense allegedly committed:
Identification of any relevant documents or other evidence. Please attach copies of documents if available.
Identification of any witnesses or persons with relevant knowledge. Please provide contact information for each
witness or person identified, such as phone number, physical address, email address, etc. if available.
**A form must be completed for each Election Complaint**
ATTACHMENT 1
11.1
Packet Pg. 139
Attachment: Election Complaint Form (5115 : Election Code Amendments)
ATTACHMENT 2
11.2
Packet Pg. 140
Attachment: December 13, 2016 Work Session Summary (5115 : Election Code Amendments)
1
Charter and Code Amendments
Wanda Winkelmann, City Clerk; Rita Knoll, Chief Deputy City Clerk,
Carrie Daggett, City Attorney
January 3, 2017
ATTACHMENT 3
11.3
Packet Pg. 141
Attachment: Powerpoint presentation (5115 : Election Code Amendments)
Background
• Resolution 2015-092 created an ad hoc committee
• Councilmembers Cunniff, Overbeck, and Stephens
• Ordinance No. 021, 2016 was adopted that amended Chapter 7 related to
elections
• The Committee met three additional times (July 18, September 14, and
November 10) and recommend changes to the Charter and Code
• December 13 Work Session held and Council agreeable to Committee’s
recommendations
2
11.3
Packet Pg. 142
Attachment: Powerpoint presentation (5115 : Election Code Amendments)
Proposed Code Amendment
3
Issue Recommended Action
HB 16-1070 requires that
access be granted to
municipal clerks to the
digitized signatures
contained in the voter
registration system
Amend the Code to require signature
verification beginning with the 2019 municipal
election.
11.3
Packet Pg. 143
Attachment: Powerpoint presentation (5115 : Election Code Amendments)
Proposed Code Amendment
4
Issue Recommended Action
Presently the Code
requires that receipts for
expenditures by
committees or
independent expenditures
be kept for 90 days
A Code amendment to require the retention
of all records pertaining to contributions and
expenditures for one year
11.3
Packet Pg. 144
Attachment: Powerpoint presentation (5115 : Election Code Amendments)
Proposed Code Amendment
5
Issue Recommended Action
Clarify when the City Clerk
recommends amending the
District-Precinct Map
1. Upon notice by Larimer County that its
precinct boundaries have been
amended, the City Clerk shall
automatically review current population
deviations
2. Not less than every six years
11.3
Packet Pg. 145
Attachment: Powerpoint presentation (5115 : Election Code Amendments)
Proposed Code Amendment
6
Issue Recommended Action
Election Complaints 1. Add a process to the Municipal Code
2. Create a form to file an election
complaint
3. Add a private right to enforce campaign
finance violations in court (if City does
not prosecute)
11.3
Packet Pg. 146
Attachment: Powerpoint presentation (5115 : Election Code Amendments)
Proposed Code Amendment
7
Issue Recommended Action
Reduce requirements for
small-scale issue
committees
Amend the Code to define and reduce
requirements for small scale issue
committees
11.3
Packet Pg. 147
Attachment: Powerpoint presentation (5115 : Election Code Amendments)
Proposed Code Amendment
8
Amend the Code to create a standing Elections Code Committee
11.3
Packet Pg. 148
Attachment: Powerpoint presentation (5115 : Election Code Amendments)
Summary
1. Signature Verification
2. Recordkeeping of Receipts for Expenditures
3. Amending the District-Precinct Map
4. Election Complaints
5. Small Scale Issue Committees
6. Standing Council Committee for Election-related Items
9
11.3
Packet Pg. 149
Attachment: Powerpoint presentation (5115 : Election Code Amendments)
-1-
ORDINANCE NO. 005, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 7 OF THE CODE OF THE CITY OF FORT COLLINS TO AMEND
REQUIREMENTS AND PROCEDURES FOR CITY ELECTIONS
WHEREAS, Chapter 7 of the City Code sets out procedures and requirements for
redistricting of Council districts, for the conduct City elections, for disclosure of campaign
finance information, and other related matters; and
WHEREAS, in 2015 the City Council formed an ad hoc committee, including
Councilmembers Cunniff, Overbeck and Stephens, to review, discuss and recommend the most
beneficial changes to the Code and City Charter regarding elections and other related matters;
and
WHEREAS, as a result of the committee’s work, Ordinance No. 021, 2016, was
considered and adopted by the Council to update various provisions of Chapter 7; and
WHEREAS, the committee continued to meet during summer and fall 2016, and has
recommended addition clarifications and amendments to Chapter 7 and to the City Charter; and
WHEREAS, on December 13, 2016, the City Council considered the recommendations
of the committee at a work session; and
WHEREAS, the Council desires to enact the recommendations of the committee in order
to clarify and improve the various provisions of Chapter 7, as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 7-20 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-20. Duties of City Clerk.
The City Clerk shall:
. . .
(4) Report apparent complaints received regarding alleged violations of Article V to
the City Manager.
. . .
Packet Pg. 150
-2-
Section 3. That Section 7-71 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-71. Precinct map/amendment.
(a) The boundaries of the election precincts as herein created in the City are hereby
fixed and established as shown on the map entitled "District-Precinct Map," which map is
on file in the office of the City Clerk.
(b) Upon notice by Larimer County that its precinct boundaries have been amended,
the City Clerk shall review precinct boundaries and recommend to City Council any
precinct boundary changes to ensure they match Larimer County’s precincts.
Section 4. That Section 7-87 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-87. Redistricting; notice.
. . .
(c) Not less than once every five (5) six (6) years after making the determination
required under Subsection (b) above, the City Clerk shall again review the district
boundaries to determine whether the maximum deviation between the most populous and
the least populous district meets the standard described in Subsection (b) above. If the
standard in Subsection (b) above is not met, the City Clerk shall recommend to the City
Council any district boundary changes necessary to ensure that the districts conform to
such standard.
(d) The need to amend precinct boundaries pursuant to § 7-71(b) shall automatically
cause the City Clerk to review current population deviations, regardless of how long it
has been since the last review. If the deviation is found to exceed ten (10) percent, the
City Clerk shall recommend that the City Council make boundary adjustments, and
present the Council with possible redistricting options that to the maximum extent
possible equalize the population in each district, subject to the requirements for
contiguity and compactness set forth in Article II, Section 1(c) of the Charter, with a
maximum permissible deviation of ten (10) percent between the most populous and least
populous district.
(de) Any changes to district boundaries shall be established by ordinance no less than
one hundred twenty (120) days one hundred eighty (180) days before a regular municipal
election.
Section 5. That Section 7-132 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Packet Pg. 151
-3-
Sec. 7-132. Definitions.
…
Issue committee shall not include political committees, small-scale issue committees, or
candidate committees as otherwise defined in this Section.
…
Small-scale issue committee means a committee otherwise meeting the definition of issue
committee that has accepted or made contributions or expenditures in an amount that does
not exceed five thousand dollars ($5,000.) during an applicable election cycle for the
major purpose of supporting or opposing any ballot issue or ballot question.
The following are each treated as single small-scale issue committees:
a. All small-scale issue committees that support or oppose a common ballot
measure if the committees are established, financed, or controlled by a single
corporation or its subsidiaries;
b. All small-scale issue committees that support or oppose a common ballot
measure if the committees are established, financed, maintained, or controlled by
a single labor organization or the affiliated local units it directs; and
c. All small-scale issue committees that support or oppose a common ballot
measure if the committees are established, financed, maintained, or controlled by
substantially the same person, group of persons, or other organizations.
. . .
Section 6. That Section 7-135(f) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-135. Campaign contributions/expenditures.
. . .
(f) Recordkeeping.
(1) All contributions received by a candidate committee, small-scale issue committee,
issue committee or political committee shall be documented and deposited and
maintained in a financial institution in a separate account whose title shall include the
name of the committee. All records pertaining to contributions and related such accounts
shall be maintained by the committee for ninety (90) days one (1) year following any
election in which the committee received contributions unless a complaint has been filed
under Subsection 7-1435(a) alleging a violation of the provisions of this Article, or the
Packet Pg. 152
-4-
person or committee has received notice of an investigation or prosecution of a violation
of this Article by the City or other law enforcement authority, in which case they shall be
maintained until final disposition of the complaint and any consequent court proceedings.
Such records shall be subject to inspection at any hearing held pursuant to in connection
with any investigation or other action to enforce the terms of this Article.
(2) All expenditures shall be documented and all records pertaining to said
expenditures, including but not limited to invoices, receipts, and instruments of payment,
shall be maintained by the committee for one year following any election in which the
committee expended the funds unless a complaint has been filed under Subsection 7-
145(a) alleging a violation of the provisions of this Article, or the person or committee
has received notice of an investigation or prosecution of a violation of this Article by the
City or other law enforcement authority, in which case they shall be maintained until
final disposition of the complaint and any consequent court proceedings. Documentation
shall include the name and address of the vendor(s) or payee(s) providing the property,
materials, or services and the amount of the expenditure. Such records shall be made
available within three (3) business days upon request of the City and subject to inspection
in connection with any investigation or other action to enforce the terms of this Article.
. . .
Section 7. That Section 7-139 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-139. Independent expenditures.
Any person or political committee making independent expenditures totaling more than
one hundred dollars ($100.) shall deliver notice in writing of such independent
expenditures to the City Clerk no later than three (3) business days after the day that such
funds are obligated. Said notice shall include the following information:
(1) The name, address and telephone number of the person making the independent
expenditures;
(2) The name of the candidate whom the independent expenditures are intended to
support or oppose;
(3) The name and address of the vendor(s) providing the property, materials or
services;
(4) A detailed description of the independent expenditures sufficient to allow for
determination of compliance with this section;
(5) The amount of the independent expenditures; and
(6) The date the funds were obligated. ; and
Packet Pg. 153
-5-
(7) Copies of receipts, invoices, or other documentation related to the independent
expenditure.
For the purposes of this provision, funds shall be considered to have been obligated as
soon as an agreement is reached for the provision of the property, materials or services in
question, regardless of when payment is to be made for such property or services. All
independent expenditures shall be documented and all records pertaining to independent
expenditures, including but not limited to invoices, receipts, and instruments of payment
shall be maintained for one (1) year following any election in which the funds were
expended unless a complaint has been filed under Subsection 7-145(a) alleging a
violation of the provisions of this Article, or the person or committee has received notice
of an investigation or prosecution of a violation of this Article by the City or other law
enforcement authority, in which case they shall be maintained until final disposition of
the complaint and any consequent court proceedings. Such records shall be made
available within three (3) business days upon request of the City and subject to inspection
in connection with any hearing held pursuant to this Article.
Section 8. That Section 7-136 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-136. Disclosure; filing of reports.
(a) All candidate committees, political committees and issue committees shall report
to the City Clerk their contributions and contributions in kind received, including the
name and address of each person who has made contributions or contributions in kind in
the amount of twenty dollars ($20.) or more; expenditures made; and obligations entered
into by the committee.
(b) For purposes of complying with the requirements of this Section, an issue
committee consisting of an organization whose primary purpose is not to support or
oppose ballot issues shall report only those contributions accepted, expenditures made
and obligations entered into for the purpose of supporting or opposing a ballot issue or
ballot question. Such issue committee shall not be required to report donations,
membership dues or any other payments received unless such amounts are used or to be
used for the purpose of supporting or opposing a ballot issue or ballot question.
(c) Reports shall be filed with the City Clerk on the twenty-first day, fourteenth day,
and no later than noon on the Friday before the election, thirty (30) days after the
election, and annually on the first day of the month in which the anniversary of the
election occurs until such time as a termination report is filed. If the reporting day falls on
a weekend or legal holiday, the report shall be filed by the close of the next business day.
(d) The reports required by this Section shall include the balance of funds at the
beginning of the reporting period, the total of contributions received, the total of
Packet Pg. 154
-6-
expenditures made during the reporting period and the name and address of the financial
institution used by the committee or party.
(e) All reports shall be submitted on forms provided by the City Clerk and shall be
complete in all respects. Reports shall be current in all respects as of two (2) days prior to
the date upon which each such report is to be filed.
(f) A report required to be filed by this Article is timely if the paper report is received
by the City Clerk not later than the close of business on the date due or if the report is
filed electronically not later than midnight Mountain Standard Time on the date due.
(g) Any report that is deemed by the City Clerk to be incomplete or inconsistent with
the requirements of this Article shall be accepted on a conditional basis, and the
committee treasurer shall be notified in writing as to any deficiencies found. Such notice
may be delivered in person, by mail, by fax, or, if an electronic mail address is on file
with the City Clerk, by electronic mail. The committee treasurer shall have seven (7)
business days from the date of delivery of such notice to file an amended report that cures
the deficiencies. Any such amended report shall supersede the original report filed for the
reporting period.
(h) Any candidate committee, political committee or issue committee which has not
accepted any contributions or contributions in kind, made any expenditures, or entered
into any obligations during a reporting period, shall file a report with the City Clerk on
the days specified in Subparagraph (c) above certifying that the committee has not
accepted any contributions or contributions in kind, made any expenditures or entered
into any obligations during the relevant reporting period.
(i) Except as specified in this Subparagraph (i), the disclosure requirements specified
in this Article shall not apply to a small-scale issue committee. Any small-scale issue
committee shall disclose or file reports about the contributions or expenditures it has
made or received or otherwise register as an issue committee in connection with
accepting or making such contributions or expenditures in accordance with the following
alternative requirements:
(1) Any small-scale issue committee that accepts or makes contributions or
expenditures in an aggregate amount during any applicable election cycle that
does not exceed two hundred dollars ($200.) is not required to disclose or file
reports about the contributions or expenditures it has made or received or
otherwise register as an issue committee in connection with accepting or making
such contributions or expenditures.
(2) Any small-scale issue committee that accepts or makes contributions or
expenditures in an aggregate amount during any applicable election cycle of
between two hundred dollars ($200.) and five thousand dollars ($5,000.) shall
register with the City Clerk within ten (10) business days of the date on which the
aggregate amount of contributions or expenditures exceeds two hundred dollars
Packet Pg. 155
-7-
($200.). The registration required by this subparagraph must include a statement
listing:
a. The committee’s full name, spelling out any acronyms used in the
name;
b. The name of a natural person authorized to act as a registered agent
of the committee;
c. A street address for the principal place of business of the
committee;
d. The purpose or nature of interest of the committee; and
(e) The name of the financial institution in which all contributions
received by the committee are deposited in a separate account bearing the
name of the committee.
(j) Except as required by Subsection 7-135(f)(2), no small-scale issue committee
described in subsection (i)(2) is required under this Article to disclose or report any
contributions or expenditures it has made or received, so long as it continues to meet the
definition of small-scale issue committee.
(k) Within seven (7) days of the date on which a small-scale issue committee accepts
or makes contributions or expenditures in an aggregate amount during any applicable
election cycle that exceeds five thousand dollars ($5,000.), the committee shall:
(1) through its registered agent, report this change in the committee’s status to
the City Clerk; and
(2) report to the City Clerk on an approved form, for each particular
contribution or expenditure accepted or made, the name and address of each
person who has made such contribution and the amount of each specific
contribution and expenditure accepted or made by the committee.
(l) Once any issue committee that began as a small-scale issue committee accepts or
makes contributions or expenditures in an aggregate amount during any applicable
election cycle that exceeds five thousand dollars ($5,000.), the committee shall from that
point forward make disclosure of any contributions or expenditures it accepts or makes
not already reported under Subparagraph (k) and comply with all requirements under this
Article applicable to issue committees.
Section 9. That Article V of Chapter 7 of the Code of the City of Fort Collins is
hereby amended by the addition of a new Division 2, which reads in its entirety as follows:
Packet Pg. 156
-8-
ARTICLE V. CAMPAIGNS
Division 2
Campaign Violations
Sec. 7-145. Allegation of campaign violation.
(a) Any candidate or registered elector of the City (“complainant”) who has reason
to believe a violation of Chapter 7, Article V, of this Code, has occurred by any
candidate, candidate committee, issue committee, small-scale issue committee or
political committee may file a written complaint to the City Clerk, no later than sixty
(60) days after the alleged violation has occurred.
(b) The complaint must contain:
1. The name of the alleged violator;
2. The Code provision allegedly violated;
3. A brief statement or description of the offense allegedly committed and
the basis for the allegation;
4. Identification of any relevant documents or other evidence;
5. Identification of any witnesses or persons with relevant knowledge; and
6. The name, address and telephone number of the complainant.
(c) The City Clerk will forward the complaint to the City Attorney, who will
evaluate the complaint for probable cause.
Sec. 7-146. Evaluation of campaign complaint.
(a) If the City Attorney determines that no probable cause exists, that the complaint
fails to allege an enforceable violation, or that the requirements of § 7-145 were not met
by the complainant, the City Attorney shall so notify the City Clerk, who will, in turn,
notify the complainant in writing.
(b) If the City Attorney determines probable cause exists, the City Attorney may
notify Fort Collins Police Services, who, in consultation with the City Attorney, may
file and serve a summons and complaint to the respondent. The City Attorney retains
prosecutorial discretion on whether to ultimately file criminal charges. If the City
Attorney determines filing a summons and complaint is inappropriate, he or she shall so
notify the City Clerk, who will, in turn, notify the complainant and respondent in
writing.
Packet Pg. 157
-9-
Sec. 7-147. Conflicts of interest.
Notwithstanding the above, nothing in this Article shall be read to preclude the City
Attorney from declaring a conflict of interest, and taking appropriate action in
accordance with this Code and general practices of the City, including, but not limited
to, hiring special counsel, if deemed necessary and advisable under the circumstances.
Sec. 7-148. Complaint not required for City action.
Nothing in this Article shall preclude the City from pursuing an action, civil or
criminal, against any person, candidate, candidate committee, issue committee, small-
scale issue committee or political committee for any violation of this Chapter,
regardless of whether a complaint had been filed pursuant to this Article.
Sec. 7-149. Administrative procedures.
The City Manager is charged with ultimate authority to pursue complaints under this
Article and is hereby authorized to adopt administrative regulations consistent with the
provisions of this Article.
Sec. 7-150. Action by complainant.
(a) After having received written notification from the City Clerk pursuant to § 7-
146 that the City Attorney determined filing a summons and complaint is inappropriate,
or after one hundred eighty (180) days of filing the complaint, whichever is first, the
complainant may bring a civil action in District Court.
(b) The complainant has one (1) year from the date of the violation to bring such
suit.
(c) The complainant may sue to compel compliance with this Article, provided
however, that complainant must first file a complaint with the City Clerk, pursuant to
Section 7-145, and otherwise exhausts his or her administrative remedies.
(d) Any person who knowingly violates this Article may be civilly liable in an
amount up to two thousand dollars ($2,000.), or, if applicable, three (3) times the
amount of the discrepancy, whichever is greater.
(e) Reasonable attorneys’ fees for the prevailing party may be awarded if the
amount of civil liability alleged is greater than seven thousand five hundred dollars
($7,500.).
Packet Pg. 158
-10-
(f) In determining the amount of civil liability, the court may take into account the
seriousness of the violation and culpability of the defendant.
Introduced, considered favorably on first reading, and ordered published this 3rd day of
January, A.D. 2017, and to be presented for final passage on the 17th day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 159
-1-
RESOLUTION 2017-004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING A COUNCIL ELECTION CODE
COMMITTEE AND APPOINTING ITS MEMBERS
WHEREAS, over the last several years, state election rules, laws, policies and procedures
have been significantly amended; and
WHEREAS, in 2015, the City Council informally appointed an ad hoc Council
Committee to review these changes and discuss which local election laws might need to be
changed; and
WHEREAS, the City Council wishes to formally create a Council Election Code
Committee for the purpose continuing to study state election laws, rules, policies and procedures
for the purpose of identifying and evaluating ideas for improvements to City election laws and
practices and anticipating adjustments that may be needed to adapt to a changing legal and
technological environment, for Council consideration.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the Council Election Code Committee is hereby created, which shall
consist of three Councilmembers. Said Council Election Code Committee shall meet from time
to time to consider state election laws, rules, policies and procedures for the purpose of
identifying and evaluating ideas for improvements to City election laws and practices and
anticipating adjustments that may be needed to adapt to a changing legal and technological
environment, and shall present findings and recommendations to the City Council.
Section 3. That the following named Councilmembers are appointed to serve on the
Council Election Committee until such time as the Council may decide to make new
appointments:
_________________
_________________
_________________
Packet Pg. 160
-2-
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd
day of January, A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 161
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY January 3, 2017
City Council
STAFF
Lindsay Ex, Environmental Program Manager
Jeff Mihelich, Deputy City Manager
Jackie Kozak-Thiel, Chief Sustainability Officer
Lucinda Smith, Environmental Sustainability Director
SUBJECT
Resolution 2017-005 Expressing Support for the Mayors National Climate Action Agenda's Open Letter to
President-Elect Donald Trump on Climate Action.
EXECUTIVE SUMMARY
The purpose of this item is to consider a resolution endorsing and supporting the Mayors National Climate
Action Agenda (MNCAA) open letter to President-elect Donald Trump on climate action.
STAFF RECOMMENDATION
None.
BACKGROUND / DISCUSSION
The City joined the Mayors National Climate Action Agenda (MNCAA) in 2015, as the City has climate action
goals, is committed to reporting our progress, and is committed to sharing lessons learned with other U.S.
cities.
At the December 20, 2016 Council Meeting under Other Business, Council directed staff to develop a
resolution to consider joining 48 U.S. Mayors associated with MNCAA, including Denver, Boulder, Aspen, Palo
Alto, and Kansas City, in signing an open letter to President-elect Trump (Exhibit A to Resolution 2017-005).
The purpose of the letter is to request the President-elect’s administration to support local initiatives; help cities
leverage their investments in transit and energy infrastructure; support the transition to a clean energy future;
continue federal tax credits; and embrace the Paris Climate Agreement.
How Other Communities Approached Signing the Letter
Councilmembers asked staff to research what process was used by other MNCAA communities to join in
and/or to obtain their Mayor’s signature. Staff sent a survey to the 48 communities with the following results:
14 of the 48 cities responded to the survey.
Of these 14 cities, none had taken the signing of the letter to their Councils for a vote.
4 of the 14 cities are Council-Manager form of government.
12
Packet Pg. 162
-1-
RESOLUTION 2017-005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXPRESSING SUPPORT FOR THE MAYORS NATIONAL
CLIMATE ACTION AGENDA’S OPEN LETTER TO
PRESIDENT-ELECT DONALD TRUMP ON CLIMATE ACTION
WHEREAS, in 2015, City Council adopted several of the most aspirational greenhouse
gas emissions reduction goals in the world in its 2015 Climate Action Plan Framework: 20%
reductions by 2020 and 80% reductions by 2030 compared to 2005 emissions levels, and carbon
neutrality by 2050; and
WHEREAS, on November 22, 2016, a group of U.S. Mayors associated with the Mayors
National Climate Action Agenda (“MNCAA”), of which the City is a member, wrote an open
letter to President-elect Donald Trump on Climate Action (the "MNCAA Letter") calling upon
him to provide funding for transit- and energy-related infrastructure improvements, to continue
offering tax credits for electric vehicles, renewables, and other clean technologies, and to
embrace the Paris Climate Agreement; and
WHEREAS, the funding and tax credits called for by the MNCAA Letter would help the
City of Fort Collins meet its 2020, 2030, and 2050 climate goals; and
WHEREAS, the mayors of 48 cities have endorsed the MNCAA Letter to date, including
those of Denver, Boulder, Longmont, and Aspen, and MNCAA welcomes mayors of additional
cities to endorse their Letter, and
WHEREAS, the City Council desires to endorse the MNCAA Letter.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council endorses and supports the MNCAA Letter.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd
day of January, A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 163
11/30/2016 Open Letter from U.S. #ClimateMayors to President-elect Donald TrumponTacklingClimateCrisis – Medium
https://medium.com/@ClimateMayors/open-letter-to-president-elect-donald-trump-on-climate-policy-and-action-33e10dcdcf85#.yar87y8yl 1/7
Climate Mayors
American mayors working together to strengthen local efforts to reduce greenhouse gas emissions and su…
Nov 22 · 5 min read
Follow
November 22, 2016
Dear President-elect Trump,
As Mayors, we have taken it upon ourselves to take bold action within
our cities to tackle the climate crisis head-on. We write today to ask for
your partnership in our work to clean our air, strengthen our economy,
and ensure that our children inherit a nation healthier and better
prepared for the future than it is today.
We lead 39 small and large American cities, comprising nearly 31
million Americans in both blue and red states. We have joined together
in the U.S. Mayors’ National Climate Action Agenda (MNCAA), or the
#ClimateMayors, in addressing the greatest challenge of our time,
climate change. Each of our cities is committing to ambitious targets to
reduce greenhouse gas emissions, set climate action, regularly report
on our progress, share lessons and hold each other accountable.
Around the globe, cities are working together through organizations
like C40 as well.
EXHIBIT A
1
Packet Pg. 164
Attachment: Exhibit A (5142 : R2020-letters to PEOTUS NATIONAL res)
11/30/2016 Open Letter from U.S. #ClimateMayors to President-elect Donald Trump on Tackling Climate Crisis – Medium
https://medium.com/@ClimateMayors/open-letter-to-president-elect-donald-trump-on-climate-policy-and-action-33e10dcdcf85#.yar87y8yl 2/7
The effects of climate change — extreme storms, wildfires and drought;
sea level rise and storm surge; choking air pollution in cities; disruption
of agricultural supply chains and jobs in rural heartlands; and coastal
erosion, to name a few — are a clear and present danger to American
interests at home and abroad. This is why the U.S. Department of
Defense stated in 2015 “that climate change is an urgent and growing
threat to our national security”. Furthermore, estimates have shown
these impacts from climate change could cost the American economy
$500 billion annually by 2050, and that figure will only rise unless we
work together to stem, and ultimately reverse, the amount of
greenhouse gases entering our atmosphere.
The cost of prevention pales in comparison to cost of inaction, in terms
of dollars, property and human life. As our incoming President, as a
businessman, and as a parent, we believe we can find common ground
when it comes to addressing an issue not rooted in politics or
philosophy, but in science and hard economic data. Simply put, we can
all agree that fires, flooding and financial losses are bad for our country,
that we need to protect our communities’ most vulnerable residents
who suffer the most from the impacts of climate change, and that we all
need healthier air to breathe and a stronger economy — rural and
urban, Republican and Democrat — and in terms of our domestic
quality of life and our standing abroad.
1
Packet Pg. 165
Attachment: Exhibit A (5142 : R2020-letters to PEOTUS NATIONAL res)
11/30/2016 Open Letter from U.S. #ClimateMayors to President-elect Donald Trump on Tackling Climate Crisis – Medium
https://medium.com/@ClimateMayors/open-letter-to-president-elect-donald-trump-on-climate-policy-and-action-33e10dcdcf85#.yar87y8yl 3/7
On November 8, American voters approved more than $200 billion in
local measures, funded by their own local tax dollars, to improve
quality of life and reduce carbon pollution. Seventy percent of voters in
Los Angeles County, the car capital of the world, approved a $120
billion, multi-decade commitment to public transit. Seattle voters
approved transit investments totaling $54 billion; Austin voters
approved a record-setting $720 million mobility bond; Boston voters
approved investment in affordable housing, parks, historic preservation
and more.
As President, you will have the power to expand and accelerate these
local initiatives which the people resoundingly supported. We call upon
you and the federal government you will lead to help cities leverage
funds for the hundreds of billions of dollars in transit, energy,
infrastructure and real estate development necessary to upgrade our
infrastructure for the 21st century. We ask that you lead us in
expanding the renewable energy sources we need to achieve energy
security, address climate change and spark a new manufacturing,
energy and construction boom in America. We ask that you help
1
Packet Pg. 166
Attachment: Exhibit A (5142 : R2020-letters to PEOTUS NATIONAL res)
11/30/2016 Open Letter from U.S. #ClimateMayors to President-elect Donald Trump on Tackling Climate Crisis – Medium
https://medium.com/@ClimateMayors/open-letter-to-president-elect-donald-trump-on-climate-policy-and-action-33e10dcdcf85#.yar87y8yl 4/7
provide American businesses the certainty to invest through continued
tax credits for electric vehicles, solar power, renewables and other clean
technologies. And we ask that you shift to embrace the Paris Climate
Agreement and make U.S. cities your partner in doing so.
While we are prepared to forge ahead even in the absence of federal
support, we know that if we stand united on this issue, we can make
change that will resonate for generations. We have no choice and no
room to doubt our resolve. The time for bold leadership and action is
now.
Signed,
Mayor Eric Garcetti
City of Los Angeles, CA
Mayor Martin J Walsh
City of Boston, MA
Mayor Bill de Blasio
New York City, NY
Mayor Edward B Murray
City of Seattle, WA
Mayor Stephen K Benjamin
City of Columbia, SC
Mayor Jennifer W Roberts
City of Charlotte, NC
Mayor Rahm Emanuel
City of Chicago, IL
Mayor Greg Stanton
City of Phoenix, AZ
Mayor Jim Kenney
City of Philadelphia, PA
Mayor Buddy DyerƟ
City of Orlando, FL
1
Packet Pg. 167
Attachment: Exhibit A (5142 : R2020-letters to PEOTUS NATIONAL res)
11/30/2016 Open Letter from U.S. #ClimateMayors to President-elect Donald Trump on Tackling Climate Crisis – Medium
https://medium.com/@ClimateMayors/open-letter-to-president-elect-donald-trump-on-climate-policy-and-action-33e10dcdcf85#.yar87y8yl 5/7
Mayor Roy D Buol
City of Dubuque, IA
Mayor Charlie HalesƟ
City of Portland, OR
Mayor Jackie Biskupski
Salt Lake City, UT
Mayor Libby Schaaf
City of Oakland, CA
Mayor Sam Liccardo
City of San Jose, CA
Mayor Muriel Bowser
Washington, DC
Mayor Christopher B Coleman
City of Saint Paul, MN
Mayor Kasim Reed
City of Atlanta, GA
Mayor Sly James
City of Kansas City, MO
Mayor Michael B Hancock
City and County of Denver, CO
Mayor Steve Adler
City of Austin, TX
Mayor Ed Lee
City of San Francisco, CA
Mayor Bill Peduto
City of Pittsburgh, PA
Mayor Kitty Piercy
City of Eugene, OR
1
Packet Pg. 168
Attachment: Exhibit A (5142 : R2020-letters to PEOTUS NATIONAL res)
11/30/2016 Open Letter from U.S. #ClimateMayors to President-elect Donald Trump on Tackling Climate Crisis – Medium
https://medium.com/@ClimateMayors/open-letter-to-president-elect-donald-trump-on-climate-policy-and-action-33e10dcdcf85#.yar87y8yl 6/7
Mayor Tom Bates
City of Berkeley, CA
Mayor Tony Vasquez
City of Santa Monica, CA
Mayor Joseph A Curtatone
City of Somerville, MA
Mayor Steve Skadron
City of Aspen, CO
Mayor Suzanne Jones
City of Boulder, CO
Mayor Jack Thomas
Park City, UT
Mayor Mary Casillas Salas
City of Chula Vista, CA
Mayor Elizabeth B. Tisdhal
City of Evanston, IL
Mayor-elect Darrell Steinberg
City of Sacramento, CA
Mayor Sylvester Turner*
City of Houston, TX
Mayor Patrick Burt*
City of Palo Alto, CA
Mayor Mitch Landrieu*
City of New Orleans, LA
Mayor Phillip Levine*
City of Miami Beach, FL
Mayor Lioneld Jordan*
City of Fayetteville, NC
1
Packet Pg. 169
Attachment: Exhibit A (5142 : R2020-letters to PEOTUS NATIONAL res)
11/30/2016 Open Letter from U.S. #ClimateMayors to President-elect Donald Trump on Tackling Climate Crisis – Medium
https://medium.com/@ClimateMayors/open-letter-to-president-elect-donald-trump-on-climate-policy-and-action-33e10dcdcf85#.yar87y8yl 7/7
Mayor Betsy Hodges*
City of Minneapolis, MN
*Updated signatories as of 10:30pm PST, 29 November 2016
1
Packet Pg. 170
Attachment: Exhibit A (5142 : R2020-letters to PEOTUS NATIONAL res)
City of Fort Collins Page 1
u r b a n r e n e w a l a u t h o r i t y
Wade Troxell, Chairperson City Council Chambers
Gerry Horak, Vice-Chairperson City Hall West
Bob Overbeck 300 LaPorte Avenue
Ray Martinez Fort Collins, Colorado
Gino Campana
Kristin Stephens
Ross Cunniff Cablecast on City Cable Channel 14
and Channel 881 on the Comcast cable system
Carrie Daggett Darin Atteberry Wanda Winkelmann
City Attorney Executive Director Secretary
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial
711 for Relay Colorado) for assistance.
URBAN RENEWAL AUTHORITY BOARD MEETING
January 3, 2017
After the Regular Council Meeting, which begins at 6:00 p.m.
CALL MEETING TO ORDER
ROLL CALL
AGENDA REVIEW
Executive Director’s Review of Agenda.
CITIZEN PARTICIPATION
Individuals who wish to make comments regarding not specifically scheduled on the agenda must first
be recognized by the Chairperson or Vice Chair. Before speaking, please sign in at the table in the
back of the room. The timer will buzz once when there are 30 seconds left and the light will turn
yellow. The timer will buzz again at the end of the speaker’s time. Each speaker is allowed 5 minutes.
If there are more than 6 individuals who wish to speak, the Chairperson may reduce the time allowed
for each individual.
State your name and address for the record.
Applause, outbursts or other demonstrations by the audience are not allowed
Keep comments brief; if available, provide a written copy of statement to Secretary
Address your comments to Council, not the audience
City of Fort Collins Page 2
CITIZEN PARTICIPATION FOLLOW-UP
STAFF REPORTS
COMMISSIONER REPORTS
Discussion Items
The method of debate for discussion items is as follows:
● Chairperson introduces the item number and subject; asks if formal presentation will be
made by staff
● Staff and/or Applicant presentation (optional)
● Chairperson requests citizen comment on the item (five-minute limit for each citizen)
● Board questions of staff on the item
● Board motion on the item
● Board discussion
● Final Board comments
● Board vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Chairperson, to
ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the
room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will
buzz again at the end of the speaker’s time.
1. Resolution No. 082 Approving a Redevelopment Agreement between the Fort Collins Urban
Renewal Authority and the Lyric Cinema Café. (staff: Josh Birks, Patrick Rowe; 10 minute staff
presentation; 20 minute discussion)
The purpose of this item is to consider a Redevelopment Agreement between the City's Urban
Renewal Authority and the Lyric Cinema Café for up to $252,650 of tax increment financing (TIF)
assistance. The TIF assistance will be utilized to reimburse the applicant for stormwater
improvements, a right-of-way repayment associated with the North College Improvements Project,
and landscaping improvements.
OTHER BUSINESS
ADJOURNMENT
Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY January 3, 2017
Urban Renewal Authority Board
STAFF
Patrick Rowe, Redevelopment Program Coordinator
Josh Birks, Economic Health Director
SUBJECT
Resolution No. 082 Approving a Redevelopment Agreement between the Fort Collins Urban Renewal Authority
and the Lyric Cinema Café.
EXECUTIVE SUMMARY
The purpose of this item is to consider a Redevelopment Agreement between the City's Urban Renewal
Authority and the Lyric Cinema Café for up to $252,650 of tax increment financing (TIF) assistance. The TIF
assistance will be utilized to reimburse the applicant for stormwater improvements, a right-of-way repayment
associated with the North College Improvements Project, and landscaping improvements.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The Fort Collins Urban Renewal Authority (URA) received an application for TIF assistance for the Lyric Cinema
Café (Lyric) to relocate and expand from its existing location on Mountain Avenue to 1209 North College Avenue
(Attachment 1), a location within the URA’s North College Plan Area. The proposed development is located on a
vacant parcel that is approximately 1.6 acres in size. The planned theater development will feature a 10,000
square foot cinema center with a full restaurant and a bike-in outdoor theater venue. The relocated/expanded
facility grows the Lyric from a two screen, 135 seat capacity theater to a three screen, 500 seat capacity theater.
TIF Assistance - Financial Information
The TIF request is for a maximum of $252,650 for reimbursement of stormwater improvements, a right-of-way
repayment associated with the North College Improvements Project, and landscaping improvements. The
reimbursement breakdown by category is as follows:
Eligible Costs Amount
Stormwater Improvements $149,603
Stormwater Contingency (10%) $14,960
Right-of-Way Repay (N. College Improvements) $43,650
Landscaping $44,437
TOTAL $252,650
Projected Tax Increment
Per a Larimer County Assessor’s Office estimate, the Lyric project will generate $38,981 in annual tax increment at
buildout. Over the remaining life of the North College TIF District, the project is estimated to generate $506,755 in
1
Packet Pg. 3
Agenda Item 1
Item # 1 Page 2
property tax increment. The requested TIF assistance represents an amount equal to 50% of the total increment
projected to be generated from the project.
Increment Generated vs. Increment Requested
Estimated Annual Property Tax Increment* $38,981
Total Increment Generated Over Remaining District Life $506,755
Requested TIF $252,650
Requested TIF as percentage of estimated generated TIF 50%
Financial Review (“But-for” Analysis)
The URA engaged a third-party financial and economic consulting firm, Economic & Planning Systems, Inc. (EPS),
to evaluate the Lyric TIF application, including analysis of project financials and “but-for” financial analysis
(Attachment 2).
According to EPS’ analysis, which relied on a lower theater occupancy rate than was projected by the applicant,
project returns are projected to be approximately 9% without TIF assistance and 10% with TIF assistance. On a
rate of return basis, the URA assistance does not make a substantial impact. However, 9 and 10 percent are in
keeping with projects that may require financial support. Further, and more to the point for the Lyric application,
the URA’s support of the project was a significant point of consideration for lender financing and was made a
requirement of the applicant’s loan; a letter specifying this loan condition is attached (Attachment 3).
Public Benefits and City/URA Objectives
Staff recognizes a number of public benefits that may be achieved by providing assistance that enables the Lyric
project to occur in North College, these include:
Development of a currently vacant and unproductive site into a unique and creative destination in North
College that has the potential to draw new interest to the area.
Expansion of a local business resulting in new employment, commerce, and activity in the area. (The Lyric
anticipates its employment to grow to 5 full time and 25 part time employees, from 8 part time employees).
Installation of stormwater improvements, the dedication of right-of-way, and a payment in lieu of right-of-way
improvements for a rear access road (i.e., Mason Street) that may benefit future development in the area.
Additionally, the project complies with a number of City/URA planning document objectives, including the following:
City Plan, EH 1.1. Supports Job Creation
The project grows an existing business and will result in additional job creation.
City Plan, Principle EH 3: The City will support local, unique, and creative businesses.
The Lyric Cinema business is unique, creative, and local.
North College Urban Renewal Plan, LU 2.1 Complementary Uses. Different attractions “across the river”.
The project has great potential to be an attraction to the area.
North College Urban Renewal Plan, FAD 2.1 Seek Leverage Opportunities. Set the stage for additional
development.
In addressing site conditions for stormwater and making a dedication of right-of-way for the Mason Street
alignment, the project is facilitating future development.
Proposed TIF Assistance Terms
The following terms are proposed for the Lyric TIF assistance:
The URA will pay overtime according to actual increment collected.
1
Packet Pg. 4
Agenda Item 1
Item # 1 Page 3
Following completion of the Lyric project and the satisfaction of other terms in the Redevelopment Agreement,
reimbursement will be provided at 50% of the annual increment collected. Reimbursement will continue until
the $252,650 reimbursement cap is met, or the expiration of the TIF district, whichever occurs first.
The property owner must submit appropriate documentation to verify such costs were incurred and paid.
Prioritization of right-of-way repay payment to City Engineering, as agreed by applicant and City Engineering.
Miscellaneous - Lyric Parking
The Lyric project is in the final stages of the City planning process. Part of the planning process included a
discussion of parking necessary to serve the project. The Lyric project will provide 32 on-site parking spaces and
60 off-site parking spaces (via arrangements with neighboring property owners) for a total of 92 parking spaces.
Although this satisfies City requirements, staff has encouraged the applicant consider providing additional spaces.
The applicant believes that between carpooling, alternate modes of transportation, on-street parking and the
on/offsite parking provided as part of the project, they have adequate parking. To note the potential issue and
provide for future resolution, City Planning staff required a note be added to the development plat stating that the
applicant will work to address any parking challenges that may develop.
CITY FINANCIAL IMPACTS
Adoption of the Resolution obligates the URA to reimburse the Lyric up to a maximum amount of $252,650 in
eligible costs identified in the Redevelopment Agreement. That amount would be paid from property tax
increment generated by the Lyric development at 1209 North College Avenue. Lyric will receive 50% of the
actual increment collected in annual payments from the URA until the obligation is paid in full or the expiration
of the North College URA Plan, whichever occurs first.
Larimer County has estimated $38,981 in annual increment to be generated from the Lyric development. This
totals $506,755 over the remaining life of the North College URA Plan.
BOARD / COMMISSION RECOMMENDATION
On October 15, 2015, the URA Finance Committee supported the assistance proposal and recommended it be
brought to the full URA Board for formal consideration (Attachment 4).
PUBLIC OUTREACH
The North College Citizens Advisory Group voted in support of the tax increment assistance proposal with 5
members recommending approval, 3 members not recommending approval, and 1 abstaining.
ATTACHMENTS
1. Location Map (PDF)
2. EPS Financial Review (PDF)
3. Lender Letter (PDF)
4. URA Finance Committee Meeting Minutes, November 21, 2016 (draft) (PDF)
5. Powerpoint presentation (PDF)
1
Packet Pg. 5
COLLEGE
HICKORY
CONIFER
JEROME
Parcels selection Streets I
LyricCinemaCafe
LocationMap
Lyric Cinema Café Project Location
ATTACHMENT 1
1.1
Packet Pg. 6
Attachment: Location Map (5132 : URA - Lyric Application)
M EMORANDUM
To: Patrick Rowe, City of Fort Collins Urban Renewal Authority
From: Dan Guimond and Elliot Kilham, Economic & Planning
Systems
Subject: Lyric Theater TIF Application Review; EPS # 143002
Date: December 5, 2016
This memorandum summarizes Economic & Planning System’s (EPS)
review and analysis of the Lyric Theater Tax Increment Financing (TIF)
Application. EPS is under contract with the City to evaluate the financial
need and reasonableness of TIF requests to the Fort Collins Urban
Renewal Authority (URA).
Introduction
The Lyric Theater, an independent movie theater currently located on
300 East Mountain Avenue, plans to move to a new location on 1209
North College Avenue, within the North College Urban Renewal Area
(URA). The move would allow the theater to grow from a small, 3,600
square foot and 135 seat twin theater with a limited café to a 10,000
square foot and 500 seat three screen theater with a full-service
restaurant. To help complete and secure financing for the project, the
Lyric applied in TIF funding from the URA to pay for stormwater
infrastructure, including drainage improvements and a detention pond,
landscaping around the detention pond, and façade upgrades to the
theater.
EPS reviewed the TIF application against the market and financial
requirements and guidelines in the City’s URA policy and projected cash
flows, TIF revenues, and project returns. The memo provides analysis on
the qualification of the proposed TIF reimbursement based on URA
guidelines and policy, the reasonableness of revenue and cost
projections in comparison with the market, and the impact that TIF
funding has on project returns. The financial portion of the analysis
focuses on whether the project requires public financial support to be
feasible. This type of analysis is often referred to as a “but for” analysis
– a short hand for a determination that “but for” the public financing
requested the project could not be feasibly completed.
ATTACHMENT 2
1.2
Packet Pg. 7
Attachment: EPS Financial Review (5132 : URA - Lyric Application)
Memorandum December 5, 2016
Lyric Theater TIF Application Review Page 2
14002 – Lyric Theater TIF Review Memo
Lyric Theater Development
The Lyric Theater proposes to move from its current location near downtown to a new location
on North College Avenue, within the North College URA boundary. Figure 1 shows the location
of the proposed development relative to the URA boundary. The move will allow the theater to
expand to 10,000 square feet and include the following features:
x 500 seat capacity
x Full-service restaurant
x Bike-in outdoor venue
Figure 1
Proposed Lyric Theater Location – 1209 North College Avenue
Tax Increment Financing Application
Reimbursement
The Lyric’s URA Application requests $254,000 in TIF contributions and proposes to use the funds
to reimburse costs associated with a detention pond and stormwater improvements, façade
improvements to create a “unique and funky aesthetic” on North College Avenue, and additional
landscaping for the detention pond to create a “community gather space and natural area.”
Table 1 summarizes the costs that the Lyric’s application describes as eligible or potentially
eligible for a TIF reimbursement. The total cost for the specified public improvements equals
1.2
Packet Pg. 8
Attachment: EPS Financial Review (5132 : URA - Lyric Application)
Memorandum December 5, 2016
Lyric Theater TIF Application Review Page 3
14002 – Lyric Theater TIF Review Memo
$305,875, which exceeds the Lyric’s request of $254,000. The Application does not make it clear
the portion of these three different line items for which the Lyric is requesting reimbursement.
Further, only the detention pond and stormwater improvements have an independent
construction bid estimate verifying the costs of the improvements. (This is not to say that the
other costs are not real, just that they are not clearly documented.) In their application, the Lyric
requests an allocation of 50 percent of the project’s TIF increment, which it will receive over time
and use to pay down the loan principal.
Table 1
Potential TIF Reimbursements
Eligibility of Costs
Based on the Fort Collins Urban Renewal Authority Policies, the requested costs are eligible for
TIF reimbursement. More specifically, the costs fall under the following two considerations:
x Infrastructure that is extraordinarily costly to the project and/or serves other
development and redevelopment facilitating further improvement in the area.
x Public amenities such as parks, plazas, community gather areas and streetscapes to
enhance the aesthetics of the area.
The detention pond and stormwater improvements are infrastructure that is both costly to the
project and likely serves to further development in the larger area. Further, combined with the
landscaping, the detention pond creates a public park amenity for community gatherings. While
façade improvements are not explicitly mentioned in the URA’s guiding policies, they likely will
contribute and enhance the streetscape and aesthetics of the area. (Figure 2 presents an
architectural rendering of Lyric’s proposed facades.)
In addition to the costs explicitly mentioned in the Lyric’s application, the project would also
likely be eligible for additional costs related to site clearance, site acquisition, and land
assemblage. The construction budget, provided by the applicant, estimates site preparation costs
of approximately $800,000, on top of the costs for the detention pond. This represents 20
percent of total project costs.
Description Amount % Total Source
Detention Pond and Stormwater Improvements $146,875 48% Hoff Construction bid estimate
Façade Improvements $79,000 26% Lyric URA Executive Summary
Landscaping $80,000 26% Lyric URA Executive Summary
Total $305,875 100%
Source: Hoff Construction Bid; Lyric URA Executive Summary; Economic & Planning Systems
H:\143002-Fort Collins On Call Financial Services\Models\[143002-Pro-Forma_Lyric Theater_v3.xlsx]TIF Application
1.2
Packet Pg. 9
Attachment: EPS Financial Review (5132 : URA - Lyric Application)
Memorandum December 5, 2016
Lyric Theater TIF Application Review Page 4
14002 – Lyric Theater TIF Review Memo
Figure 2
Architectural Rendering of Lyric Facades from U |R Architects
URA Objectives
The Lyric Theater is a project that helps to accomplish many of the goals of the North College
URA and the policy objectives set out in the URA’s policy guidelines. In addition to helping to
further development through improvements to public infrastructure, the project retains and
expands a local business, and creates an amenity that will both help create a sense of place in
the area and generate revenue for the City. More specifically, the project accomplishes the
following objectives delineated in the URA policies:
x Eliminate blight.
x Improve public infrastructure (streets, storm drainage, sewer, utilities, etc.) in areas
where deficiencies exist.
x Remove impediments to desired development, e.g., lack of infrastructure, environmental
contamination, presence of floodplain, and /or unsuitable soils.
x Retain, expand or attract businesses for the purpose of improving the City’s economic
base as demonstrated by projects that retain jobs, create primary jobs, increase the
manufacturing base, etc.
x Create destination locations, including mixed-use projects, which will capture additional
revenue to the area.
x Encourage development projects that enhance the streetscapes and pedestrian
experience and improve the vitality of commercial corridors by adding interest and
activity.
1.2
Packet Pg. 10
Attachment: EPS Financial Review (5132 : URA - Lyric Application)
Memorandum December 5, 2016
Lyric Theater TIF Application Review Page 5
14002 – Lyric Theater TIF Review Memo
Project Financial Review
Project Costs
Based on information provided by the Applicant, including construction bids, EPS estimates a
total cost of $4.1 million; this cost includes land acquisition, hard costs, soft costs, and financing
costs/fees. Table 2 provides detail on the costs for different aspects of the project, including a
detention pond and stormwater improvements that represents the largest percentage of the TIF
funding request. The estimate also includes $250,000 in furniture, fixtures, and equipment
(FF&E) for fitting-out the theater and restaurant as well as $250,000 in design and entitlement
costs. Finally, the financing costs include a 1 percent point or fee on the loan and interest on the
construction loan during construction.
Table 2
Lyric Theater Construction Costs
Focusing solely on the building costs, excluding land, site preparation, stormwater infrastructure
and financing, the project costs $204 per square feet. This cost is largely in line with EPS’s
expectations of the market and is similar to the commercial construction costs that EPS reviewed
for a recent metro district applicant in Fort Collins. When EPS includes site preparation and the
stormwater infrastructure, the cost jumps to $300 per square feet or an increase of 50 percent.
Such a large increase helps to illustrate the site specific burdens on the project.
Description factor Amount % Total
Land
Land Costs $400,000 10%
Hard
Building and Site Preparation $2,849,015 69%
Site Preparation $807,858 20%
Building $2,041,157 50%
Detention Pond and Stormwater Improvements $146,875 4%
Hard Cost Total $2,995,890 73%
Other Costs
Design and Entitlements $250,000 6%
FF&E $250,000 6%
Design and Entitlements $500,000 12%
Total
Land + Hard + Other $3,895,890 95%
Loan Pts 1.0% $25,338 1%
Construction Interest 5.0% $194,634 5%
Total Costs $4,115,862 100%
Source: Hoff Construction Bid; Lyric URA Executive Summary; Economic & Planning Systems
H:\143002-Fort Collins On Call Financial Services\Models\[143002-Pro-Forma_Lyric Theater_v5.xlsx]Construction Costs
1.2
Packet Pg. 11
Attachment: EPS Financial Review (5132 : URA - Lyric Application)
Memorandum December 5, 2016
Lyric Theater TIF Application Review Page 6
14002 – Lyric Theater TIF Review Memo
Cash Flows
The Lyric provided a pro forma for EPS’s review. The pro forma presents an optimistic picture of
the theater’s future performance. Table 3 summarizes Year 6 revenues and expenses at which
time the Lyric expects the theater to gross $1.73 million in ticket revenue, which equates to a 20
percent occupancy rate, the key driver for performance. The projected net operating income is
$587,092; this represents a yield of 14 percent, extremely healthy for commercial real estate.
Table 3
Stabilized Revenues and Expense in Year 6
A review of the historic operating performance, based on income statements provided by the
Lyric, suggests that these projections may be overly optimistic. Since 2011, the Lyric has
achieved inconsistent net operating income, including significant losses in 2012 and 2013.
Further, when the Lyric did realize a profit, the operating margins were smaller than those
projected. EPS normalized the net operating income by total revenue, a measure of profitability
that allows for comparison, as shown in Table 4. The highest percentage rate achieved by the
Lyric from 2011 to 2015 was 6 percent in 2014; whereas, the Lyric projects a rate of 15 percent
in the year of stabilization. As a counter argument, however, the larger theater may create
operating efficiencies with certain economies of scale.
Description Factor Amount % Total
Performance Drivers
Total Seats 1,720
Total Seat Days 360 619,200
Occupancy 20%
Ticket Price $14
Revenues % Total Revenue
Ticket Revenue $1,733,760 45%
Restaurant F&B Revenue $963,200 25%
Concessions $770,560 20%
Merchandise Revenue $77,056 2%
Rental Revenue $231,168 6%
Ad Revenue $77,056 2%
Total $3,852,800 100%
Expenses % Total Expense
Direct Operating $1,346,554 41%
Indirect Operating $1,467,917 45%
Fixed Costs $451,238 14%
Total $3,265,708 100%
% Total Revenue
Net Operating Income $587,092 15%
Source: Lyrica Pro Forma; Economic & Planning Systems
H:\143002-Fort Collins On Call Financial Services\Models\[143002-Pro-Forma_Lyric Theater_v4.xlsx]T-Revenues and Expenses
1.2
Packet Pg. 12
Attachment: EPS Financial Review (5132 : URA - Lyric Application)
Memorandum December 5, 2016
Lyric Theater TIF Application Review Page 7
14002 – Lyric Theater TIF Review Memo
Table 4
Stabilized Revenues and Expense in Year 6
EPS is also concerned that a stabilized occupancy of 20 percent may be difficult to achieve,
resulting in lower project revenues. While the Lyric achieved these rates in 2014 and 2015, the
two years for which The Lyric provided EPS these data, it was for a theater one-quarter the size
of the proposed new theater (135 seats compared to 500 seats). As a point of reference, a
recent market study conducted by EPS of movie theaters in Lincoln, NE shows an average city-
wide occupancy rate of 10 to 15 percent between 2009 and 2015. While an inexact market
comparison, taken with the increased theater capacity, this range of occupancy is a more
conservative and potentially more appropriate occupancy assumption for the pro forma.
Even under the optimistic projection scenario presented in the Lyric’s pro forma, cash flows are
inconsistent or “lumpy,” especially before project stabilization at Year 6. Figure 3 summarizes
EPS’s estimates of the cash flows in the first ten years of the project. Taking into consideration
financing costs, EPS projects that cash flows will likely be negative in the early years of the
project. While negative cash flows before stabilization are far from abnormal in real estate
investments, they do highlight a need for additional capital sources and another potential source
of benefit that the TIF provides outside of impacting project returns.
Description 2011 2012 2013 2014 2015
Performance Drivers
Occupancy --- --- --- 22% 21%
Revenue $423,587 $439,589 $437,353 $632,709 $544,008
Expense
Direct $174,181 $189,313 163194.4 256945.1 $208,166
Indirect and Fixed $244,675 $365,939 286951.5 334426.7 $326,078
Other -33.79 -$942 0 364.45 $4,070
Total $418,823 $554,309 $450,146 $591,736 $538,313
NOI $4,765 -$114,720 -$12,793 $40,973 $5,694
% Total Revenue 1% -26% -3% 6% 1%
Source: Lyric Theater; Economic & Planning Systems
H:\143002-Fort Collins On Call Financial Services\Models\[143002-Pro-Forma_Lyric Theater_v4.xlsx]T-Historic Performance
1.2
Packet Pg. 13
Attachment: EPS Financial Review (5132 : URA - Lyric Application)
Memorandum December 5, 2016
Lyric Theater TIF Application Review Page 8
14002 – Lyric Theater TIF Review Memo
Figure 3
Stabilized Revenues and Expense in Year 6
Financing
Table 5 presents the project financing for the Lyric. Debt provides the majority of the financing
at 62 percent of the total project costs and approximately 70 percent of construction costs. Great
Western Bank has already approved a construction loan and a permanent loan. The permanent
loan has the following terms:
x 20 year amortization with a 10 year balloon payment
x Adjustable rate of 3.75 percent over the 5 year U.S. Treasuries, with a floor of 5 percent
and adjusting every 5 years.
Importantly, the Lyric pledged the TIF funds as collateral for the loan, and, as stated in its
Application, the Lyric believes that, without the TIF allocation, it would have to renegotiate the
loan or find additional sources of collateral – the results of which are far from certain. In its
modeling scenarios, EPS assumes that the Lyric will received these same loan terms with or
without the TIF, essentially assuming that the Lyric will be able to secure additional collateral.
Again, this highlights the importance of the TIF funds for the viability of a project outside of the
impact on project returns.
Table 5
Lyric Theater Financing Sources
-$300,000
-$200,000
-$100,000
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
Year 1Year 2Year 3Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
Cash Flows
Before Financing After Financing
Source: Lyric Theather; Economic & Planning Systems
H:\143002-Fort Collins On Call Financial Services\Models\[143002-Pro-Forma_Lyric
Description Amount % Total
Debt $2,533,750 62%
Equity $1,582,112 38%
Total $4,115,862 100%
Source: Lyric URA Executive Summary; Economic & Planning Systems
H:\143002-Fort Collins On Call Financial Services\Models\[143002-Pro-Forma_Lyric Theater_v6.xlsx]T-Sources
1.2
Packet Pg. 14
Attachment: EPS Financial Review (5132 : URA - Lyric Application)
Memorandum December 5, 2016
Lyric Theater TIF Application Review Page 9
14002 – Lyric Theater TIF Review Memo
EPS’s modeling of project financing estimates an equity contribution of approximately $500,000
more than the one represented in the Lyric’s Application. The difference results from using the
more recent construction estimates provided by the Lyric and from including financing costs. EPS
primarily mentions this as explanation for the discrepancy between this memorandum and the
TIF Application. However, the size of this additional equity requirement may suggest that the
Lyric is currently under-capitalized, which, in turn, may slow project or prevent initiation.
Tempering this conclusion is the large amount of collateral that investors and benefactors have
pledged to the project, which is more than sufficient to cover the $500,000. Table 6 summarizes
the equity and collateral that investors and benefactors have pledged so far.
Table 6
Lyric Theater Equity and Collateral Pledges
TIF Revenues
To understand the impact of the TIF allocation on the project, EPS estimated the TIF increments
resulting from the construction of the Lyric. The TIF revenue results from an assumed market
value of $285 per square feet, based on the unit cost of construction of the theater, an
assessment rate of 29 percent, and a property tax rate of 90.634 mills. Currently, Fort Collins
values the land at $285,000. This value provides the baseline assessment from which the
increment is calculated. Table 7 presents the projected TIF revenue in Year 6, at stabilization.
EPS estimates the increment to equal $70,417.
Description Amount % Total
Equity
Investors $1,100,000 47%
Subtotal $1,100,000 47%
Collateral
Private Investor $1,000,000 43%
CHFA $250,000 11%
Subtotal $1,250,000 53%
Equity + Collateral $2,350,000 100%
Source: Lyric Theater; Economic & Planning Systems
H:\143002-Fort Collins On Call Financial Services\Models\[143002-Pro-Forma_Lyric Theater_v4.xlsx]T-Equity and Collateral
1.2
Packet Pg. 15
Attachment: EPS Financial Review (5132 : URA - Lyric Application)
Memorandum December 5, 2016
Lyric Theater TIF Application Review Page 10
14002 – Lyric Theater TIF Review Memo
Table 7
Estimated TIF Revenue in Year 6
Figure 4 summarizes the total TIF revenues and the 50 percent commitment to the Lyric
Theater up to the eligible TIF amount of $254,000 in Years 1 to 10 of the project. Given the
constraint of the eligible TIF amount, the project will only receive $5,934 in Year 10. Further, in
Year 10, the balloon payment on the loan for which the TIF allocation is collateral is due, after
which, Fort Collins will presumably no longer allocate money to the Lyric. The Lyric plans to use
this TIF allocation to help pay down the principal of its loan. More specifically, the Lyrics TIF
Application states, “Instead of the TIF payments going to the 1209 N. College LLC, we would sign
over the proceeds to the bank in order to pay down the principal of the loan.” Thus, in terms of
project cash flows, the TIF allocation will reduce the balloon payment amount in Year 10.
In its modeling, EPS assumes that there will be a two-year lag from project completion to when
Fort Collins reassess the property. Such lags are typical in property tax reassessments, and
represent a “business as usual” scenario for the TIF modeling. However, as a result, the project
will not receive a TIF allocation until Year 3. Increases in TIF revenue result from an assumption
that the market valuation will increase at 2 percent per year.
Description Factor Year 6
Baseline Assessment (Land Value)
Market Value $285,000
Assessed Value 29% $82,650
Lyric Theater Assessment
Market Value $3,023,398
Assessed Value 29% $859,594
TIF Revenue
Baseline Property Tax 9.06% $7,491
Lyric Theater Property Tax 9.06% $77,908
Increment $70,417
% TIF Commitment - 50% 50.00% $35,209
% TIF Commitment - 75% 75.00% $52,813
% TIF Commitment - 90% 90.00% $63,376
Source: Economic & Planning Systems
H:\143002-Fort Collins On Call Financial Services\Models\[143002-Pro-Forma_Lyric Theater_v5.xlsx]Sheet7
1.2
Packet Pg. 16
Attachment: EPS Financial Review (5132 : URA - Lyric Application)
Memorandum December 5, 2016
Lyric Theater TIF Application Review Page 11
14002 – Lyric Theater TIF Review Memo
Figure 4
TIF Revenues Year 1 to 10
Returns
Table 8 summarizes three returns: the unlevered project internal rate of return (IRR) without
taking into consideration project financing, the levered IRR without the TIF Funding, and the
levered IRR with TIF funding. Using the cash flow assumptions provided by the Lyric, the project
receives a 22.8 percent levered return without TIF funding and a 23.1 percent levered return
with TIF funding. The relatively small impact of the TIF funding on IRR results from the Lyric
using the funds to pay down the principal of the loan. Thus, the benefits of the TIF funding for
the Lyric do not appear until Year 10 and are discounted. As due diligence, EPS also modeled the
TIF funding as project cash flows, which the Lyric would directly receive the benefit of over time,
rather than this benefit going to paying down the principal of the loan. EPS found that this
increased project returns to 23.4 percent with TIF funding – thus only a marginal increase.
Table 8
Project Returns with and without TIF Funding
$0 $0
$34,445 $34,445 $35,209 $35,209 $35,988 $35,988
$36,782
$5,934
$0 $0
$34,445 $34,445 $35,209 $35,209
$35,988 $35,988 $36,782 $67,631
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
TIF Revenue
Lyric Commitment Remaining Increment
Source: Economic & Planning Systems
H:\143002-Fort Collins On Call Financial Services\Models\[143002-Pro-Forma_Lyric Theater_v6_test.xlsx]TIF Revenue
Description Project (Unlevered) Without TIF Funding With TIF Funding
Cash Flows
Investment -$4,115,862 -$1,582,112 -$1,582,112
Total Cash Flows $11,593,596 $10,350,858 $10,668,208
PV of Cash Flows $2,546,919 $3,129,205 $3,251,557
Return Measures
IRR 16.3% 22.8% 23.1%
NPV (discount rate of 10%) $2,546,919 $3,129,205 $3,251,557
Source: Lyric Theater; Economic & Planning Systems
H:\143002-Fort Collins On Call Financial Services\Models\[143002-Pro-Forma_Lyric Theater_v6_test.xlsx]T-Returns
1.2
Packet Pg. 17
Attachment: EPS Financial Review (5132 : URA - Lyric Application)
Memorandum December 5, 2016
Lyric Theater TIF Application Review Page 12
14002 – Lyric Theater TIF Review Memo
Even without the TIF funding, the project has an IRR of over 20 percent, a level that suggests
that the Lyric project may be viable without the TIF funding. However, as mentioned previously,
the cash flow projections provided by the Lyric are likely overly optimistic, which will lower
returns on investment. Further, the TIF funding does more than just impact returns; it helps
secure additional financing.
To gain further perspective on the likelihood of the Lyric achieving projected returns, EPS
completed a sensitivity analysis of the levered returns based on different stabilized occupancy
and interest rate scenarios. Table 9 presents the results of this analysis without TIF funding, and
Table 10 presents the returns with TIF funding. The analysis reveals that the project
performance is highly sensitive to the stabilized occupancy rate. For example at an occupancy
rate of 12.5 percent (the approximate average occupancy that EPS found in its previous movie
theater market analysis) and an interest rate of 5.75 percent (the interest rate used in the
calculations for Table 8), the levered IRR drops to 9.1 percent without TIF funding and 9.9
percent with TIF funding.
Table 9
Sensitivity Analysis of Project Return without TIF Funding
Table 10
Sensitivity Analysis of Project Return with TIF Funding
Stabilized Occupancy
IRR 10.0% 12.5% 15.0% 17.5% 20.0%
5.75% -2.6% 9.1% 15.2% 19.5% 22.8%
6.25% -3.4% 8.6% 14.9% 19.2% 22.5%
6.75% -4.2% 8.2% 14.5% 18.9% 22.2%
7.25% -5.1% 7.7% 14.1% 18.5% 21.9%
7.75% -5.9% 7.2% 13.7% 18.2% 21.6%
Source: Economic & Planning Systems
H:\143002-Fort Collins On Call Financial Services\Models\[143002-Pro-Forma_Lyric Theater_v6.xlsx]T-Sensitivity
Interest Rate
Stabilized Occupancy
IRR 10.0% 12.5% 15.0% 17.5% 20.0%
5.75% -0.5% 9.9% 15.8% 19.9% 23.1%
6.25% -1.2% 9.5% 15.4% 19.6% 22.8%
6.75% -1.9% 9.1% 15.1% 19.3% 22.6%
7.25% -2.6% 8.7% 14.7% 19.0% 22.3%
7.75% -3.2% 8.2% 14.4% 18.6% 22.0%
Source: Economic & Planning Systems
H:\143002-Fort Collins On Call Financial Services\Models\[143002-Pro-Forma_Lyric Theater_v6_test.xlsx]T-Sensitivit
Interest Rate
1.2
Packet Pg. 18
Attachment: EPS Financial Review (5132 : URA - Lyric Application)
Memorandum December 5, 2016
Lyric Theater TIF Application Review Page 13
14002 – Lyric Theater TIF Review Memo
Conclusion
In the analysis of the eligibility of the Lyric TIF Application, EPS concludes that the amount of TIF
funding requested is within the eligible project costs. Moreover, the project itself seems to be
exactly the kind of project that Fort Collins aimed to promote and incentivize in the North College
URA. In addition to helping to further development through improvements to stormwater
infrastructure, the project retains and expands a local business and creates an amenity that will
both help create a sense of place in the area and generate revenue for the town.
The “but-for” financial analysis of the project finds that, based on cash flow projections from the
Lyric, the project achieves a 16 percent unlevered return and a 22.8 percent levered return
without TIF funding. Such a result suggests that the TIF project should be able to attract private
investment and proceed without any public financing. However, EPS believes the projected cash
flows provided by the Lyric are overly optimistic based on the Lyric’s historic performance and a
previous market analysis EPS completed for a movie theater project. In particular, EPS believes
that the stabilized occupancy of 20 percent of seating capacity on an annual basis projected by
the Lyric may be difficult to achieve. A sensitivity analysis found returns to be highly sensitive to
occupancy, and that the likely returns to the project are closer to 9 percent without TIF funding
and 10 percent with TIF funding, and therefore do not provide the project with an unreasonable
return. Further, TIF funding not only impacts the viability of this project by increasing the return
on equity, but it also helps to secure additional financing for the project and cover upfront costs.
1.2
Packet Pg. 19
Attachment: EPS Financial Review (5132 : URA - Lyric Application)
ATTACHMENT 3
1.3
Packet Pg. 20
Attachment: Lender Letter (5132 : URA - Lyric Application)
8
Economic Impact Analysis Overview
The Project will generate economic impacts during construction and operations. The construction activities will
generate one-time impact for construction workers and businesses in the area. The on-going operations of the firm
will create annual economic impacts, employing workers in the community and supporting economic activity
throughout the region.
The draft economic impact analysis (See Attachment 1) estimates the one-time impacts from construction will be
approximately 312 jobs with $18.5 million in new earnings for average earnings of $59,362 per job. In addition, the
analysis estimates the facility will support over 1,600 total workers, both employed on-site and throughout the
community due to increased economic activity, with total estimated earnings of $52.1 million, see Table 5. These
estimates assume that all on-going jobs on site will be new to the community and not transfers from existing
business operations in the region.
Pedestrian Underpass to be completed – winter (after the first of the year) is the target – with overlay
completed in the Spring - there is a path that connects all the way to McClellan (old alignment of the Larimer
canal #2) and follows the canal along the north side and comes up to street level at Foothills Parkway. Also
moving the existing pedestrian bridge so if you are heading southbound you will be able to continue to do that.
The Foothills district functions a bit differently from the others in that whatever increments it collects it remits
to the Metro District.
Mike Beckstead; we are working on an analysis to present at a December 13P
th
P Mall Redevelopment Committee -
Given the current leasing activity and when we think it will be fully leased as well as the impact on sales tax
pledge and revenue.
Ross Cunniff; there is a myth out there that is the leasing doesn’t meet sales tax pledge levels the city will have
to use general fund
Mike Beckstead; that is a myth - our only obligation is above the $1.8m on the 2.25 rate
Gerry Horak; think it would be helpful to the Council if we have a few speaking points - a high level summary of
what is happening - current status (implications from the paper are that it is falling apart)
Mike Beckstead; we will get a memo to Council on that
Mayor Troxell; the affordable housing is moving along
Josh Birks; yes, the first 200 housing units should be ready for occupancy next summer with other units
following.
B. North College Urban Renewal Authority TIF Application - Lyric Cinema
Josh Birks, Economic Health Director
Patrick Rowe, Interim Redevelopment Project Coordinator
Owner, Ben Mosier present
EXECUTIVE SUMMARY
URA Finance Committee
November 2, 2016
DRAFT minutes
ATTACHMENT 4
1.4
Packet Pg. 21
Attachment: URA Finance Committee Meeting Minutes, November 21, 2016 (draft) (5132 : URA - Lyric Application)
9
The Lyric Cinema Café (applicant) located at 300 E. Mountain Avenue proposes to relocate to 1209 N. College
Avenue a location within the North College Tax Increment Financing (TIF) District. The applicant wishes to
expand and construct a new theater facility. The applicant has submitted an application requesting tax
increment financing (TIF) assistance to enable the project to occur. The application requests $209,000 from the
North College TIF district. If approved, the TIF would be provided as a reimbursement for Stormwater
improvement costs (including a detention pond) and landscaping costs. The TIF assistance would be paid out
over time based on actual increment collected from the project, in keeping with URA policy.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. Does the URA Finance Committee concur with staff’s recommended reimbursement approach (terms and
timeline)?
2. Does the URA Finance Committee have questions, comments, or concerns that should be addressed before
this item is presented to the URA Board?
3. Is there support for the inclusion of an additional reimbursement request (right-of-way repay)?
BACKGROUND/DISCUSSION
The Fort Collins URA received an application for TIF assistance from the owner/operator of the Lyric Cinema
Café requesting support of a proposed relocation of the Lyric Cinema Café to 1209 N. College Avenue
(Attachment 1, Location Map). The proposed development is located on a vacant parcel of land that is
approximately 1.6 acres in size. The development will consist of a 10,000 square foot cinema center with a full
restaurant and a bike-in outdoor theater venue. It will grow the Lyric from a 135 seat capacity theater to a three
screen 500 seat capacity theater.
The TIF request is for a maximum of $209,000 for the reimbursement of costs related to Stormwater and
landscaping improvements as follows:
Eligible Cost Amount
Stormwater Improvements (including detention pond) $149,603
Stormwater Contingency (10%) $14,960
Landscaping $44,437
TOTAL $209,000
Tax Increment Summary
The information below is derived from a Larimer County Assessor’s Office estimate of the increment to be
generated.
Estimated Annual Property Tax Increment* $38,981
Total Increment Generated Over District Life $506,755
Requested TIF $209,000
Requested TIF as percentage of estimated generated TIF 41.24%
*The estimate of annual property tax increment was provided by Larimer County
Financial Review (“But-For” Analysis)
1.4
Packet Pg. 22
Attachment: URA Finance Committee Meeting Minutes, November 21, 2016 (draft) (5132 : URA - Lyric Application)
10
The URA engaged a third party financial review firm to evaluate the applicant’s financials and perform analysis
to evaluate the need for URA support. The analysis undertaken by Economic and Planning Systems, Inc. (EPS)
concluded an ROI without TIF assistance of 9% and an ROI with TIF assistance of 10%. It should be noted that
these returns are based on a lower theater occupancy assumption than what the applicant provided to the URA.
This lower occupancy assumption is supported by recent market analysis that EPS conducted in Lincoln, NE and
is in keeping with EPS’s expectations of a reduction in occupancy as the theater grows from 135 seats to 500
seats.
Additionally, the applicant’s bank has represented and provided letter documentation indicating that the URA
funds are critical to the applicant’s loan application.
Project Benefit
Staff recognizes a number of benefits in enabling the Lyric Cinema Café project and would highlight the
following:
x Development of a challenging site that is located within a challenging development area. Several
challenges relate to Stormwater, access limitations, and the site’s grade relative to adjacent property.
x Development of the site and the installation of Stormwater improvements and the dedication of rear
access can benefit future developments in the immediate area.
x Unique and creative destination in North College that has the potential to draw new interest to the area.
x Expansion of a local business, resulting in new employment, commerce and activity in the area.
City Plan, EH 1.1. Supports Job Creation
The project grows an existing business and will result in additional job creation.
City Plan, Principle EH 3: The City will support local, unique, and creative businesses.
The business is a unique, creative, and local and many would argue an important destination in Fort
Collins.
North College Urban Renewal Plan, LU 2.1 Complementary Uses. Different attractions ‘across the river’.
The project has a great potential to provide an attraction to the area.
North College Urban Renewal Plan, FAD 2.1 Seek Leverage Opportunities. Set the state for additional
development.
In addressing site conditions for Stormwater and making a dedication of right-of-way for the Mason
Street alignment, the project is facilitating future development.
Proposed Terms
The following TIF assistance structure is proposed:
x Assistance will be provided as a reimbursement upon project completion for up to $209,000 of eligible
costs. The property owner must submit appropriate documentation to verify such costs were incurred.
x The reimbursement will be paid over time based on actual tax increment collected from the project.
x The URA will pay 65% of the annual increment collected to the property owner each year, until the
reimbursement obligation is paid in full or expiration of the TIF district, whichever occurs first.
Location - 1.6 acre vacant lost across the street from Jax
1.4
Packet Pg. 23
Attachment: URA Finance Committee Meeting Minutes, November 21, 2016 (draft) (5132 : URA - Lyric Application)
11
Existing conditions - small lot sizes - no rear access road - some Stormwater issues - site specific - site sits low -
Stormwater shallow outfall on College - larger detention areas - site bounded by a railroad spur to the north -
single shared access to the site on the south side
Lyric Cinema Café – Expansion/Relocation
• Three screen / 500 seat theater operation
• Full restaurant
• Bike-in outdoor venue
Applicant looking for artistic component - something that would be a show piece
Site Plan;
URA Request
Reimbursement of Stormwater detention pond and improvements, and landscaping costs up to an amount of
$209,000 (paid over time as collected).
TIF Summary;
Eligible Costs v. TIF Generation
Third Party Financial Analysis
Note: Third party reviewer relied on a lower occupancy rate than provided by applicant in materials. Lower rate was
supported by recent market study. Return was highly sensitive to occupancy rate.
1.4
Packet Pg. 24
Attachment: URA Finance Committee Meeting Minutes, November 21, 2016 (draft) (5132 : URA - Lyric Application)
12
Complete analysis is included in today’s packet - differential - highly sensitive to occupancy rate
This was a requirement and condition for financing for the loan - they were required to pledge the TIF financing -
they have a letter from the bank stating that if this is not approved the loan will not be approved
Project Benefits
• Unique and creative destination
• Expansion of local business
• Development of challenging site
• Improvements benefit other future developments
• City Plan Connections
• EH 1.1 Supports job creation
• EH 3.3 Support of local and creative
• Policy CPR 2.2 Build Identity
• North College Corridor Plan
• LU 2.1 Complimentary Uses. Different attractions ‘across the river’.
• FAD 2.1 Seek Leverage Opportunities. Set stage for additional development…
Additional Reimbursement Request
• Additional reimbursement request of $45,000 to reimburse right-of-way repay requirement associated with
North College Improvement Project.
Total TIF request $254K and this amount is within the parameters that we are comfortable with
Reimbursement Structure
• Reimbursement of up to $209,000 (or $254,000) of eligible costs.
• Applicant receives 65% of increment collection until reimbursement amount paid (9-years of estimated
payments).
Key Reimbursement Points
• Applicant must complete project and eligible improvements before receiving reimbursement payment.
• URA may pre-pay the reimbursement at any time.
• Reimbursement payments based on percentage of actual collections.
Josh Birks; we have done this in other instances, for example, the package we did with Jax was in part to fund
repayment of right of way to Jerome which is a road that has yet to be constructed in addition to some minor
façade reimbursement
Gerry Horak; how did this get missed or not included?
Patrick; my understand in talking with transportation planning was that this was included in the development
notes early only in the conversations with the applicant and their consultants - there wasn’t much detail
regarding development fees -more up to applicant to do due diligence
Josh Birks; the development agreement has to be finalized to move forward - that was when the item resurfaced
1.4
Packet Pg. 25
Attachment: URA Finance Committee Meeting Minutes, November 21, 2016 (draft) (5132 : URA - Lyric Application)
13
Ross Cunniff; how many properties has an existing right of pay payments outstanding?
Josh Birks; great question - we don’t have that information today but will provide as part of packet
Gerry Horak; financials didn’t include $45K so how do we look at those to make sure the right numbers are
included (city fees).
Josh Birks; they use the fee information that is published on our website
Gerry Horak; how are we going to do that - repays are not unusual in the parts of the city we are trying to
redevelop - how do we do our due diligence?
Jeff Mihelich; we are aware and have recorded those
Josh Birks; we will improve the process
Gerry Horak; we did projections for revenue –we should also verify costs
Ross Cunniff; if the Lyric goes out of business and the property remains vacant for some time and the values
decline - that is accounted for in the fact that we only do 50%
Josh Birks; if entity is sold or goes out of business - the repay can only be transferred based on approval of URA
Board
Ross Cunniff; I am ok with projected TIF with an ask for the 50% payment terms
Gerry Horak; I think the use is great - I took a walk up North College - this use is substantially different from all
other uses on the west side of the street - gets folks to go to North College for some other reason is a great use
of the funds
Next Step:
Will bring forward to Council and URA Board on January 3, 2017
URA Meeting Adjourned by Mayor Wade Troxell at 12:36 pm
1.4
Packet Pg. 26
Attachment: URA Finance Committee Meeting Minutes, November 21, 2016 (draft) (5132 : URA - Lyric Application)
1
Lyric URAApplication – URA Board
Josh Birks and Patrick Rowe
01/03/17
ATTACHMENT 5
1.5
Packet Pg. 27
Attachment: Powerpoint presentation (5132 : URA - Lyric Application)
Project Location
2
1.5
Packet Pg. 28
Attachment: Powerpoint presentation (5132 : URA - Lyric Application)
Project Location
3
Lyric Cinema
Café - 1209 N.
College Ave.
1.5
Packet Pg. 29
Attachment: Powerpoint presentation (5132 : URA - Lyric Application)
Existing Conditions
4
Area:
• Small lot sizes, irregularly configured
• Inadequate access/circulation infrastructure for
redevelopment
• Stormwater challenges (compounded by small site size)
Site Specific:
• Low sitting site (in relation to adjacent grade)
• Bounded by RR spur to north and west
• Single shared access with site to south
1.5
Packet Pg. 30
Attachment: Powerpoint presentation (5132 : URA - Lyric Application)
Project Description
5
Lyric Cinema Café – Expansion/Relocation
• Three screen / 500 seat theater operation
• Full restaurant
• Bike-in outdoor venue
1.5
Packet Pg. 31
Attachment: Powerpoint presentation (5132 : URA - Lyric Application)
Building Renderings
6
(View from East / College Ave.)
(View from Southwest / Parking Lot)
1.5
Packet Pg. 32
Attachment: Powerpoint presentation (5132 : URA - Lyric Application)
Site Plan
7
1.5
Packet Pg. 33
Attachment: Powerpoint presentation (5132 : URA - Lyric Application)
URA Request
8
Reimbursement of stormwater improvements, right-
of-way repay, and landscaping costs up to an amount
of $252,650 (paid over time as collected).
Stormwater Improvements $149,603
Stormwater Contingency (10%) $14,960
Right-of-Way Repay $43,650
Landscaping $44,437
TOTAL Reimbursement Cap $252,650
1.5
Packet Pg. 34
Attachment: Powerpoint presentation (5132 : URA - Lyric Application)
TIF Summary
9
Eligible Costs v. TIF Generation
Annual Property Tax Increment $38,981
Total Increment Generated (13 yrs) $506,755
Requested TIF $252,650
Requested TIF as Percentage of
Estimated Generated TIF
50%
1.5
Packet Pg. 35
Attachment: Powerpoint presentation (5132 : URA - Lyric Application)
Third Party Analysis – Key Conclusions
10
• Desirable Project
• Retains/Expands Local Business
• Creates Sense of Place Amenity
• Project Returns Suggestive of Project that Needs
Assistance
• Assistance Important Lender Factor; Condition of Loan
1.5
Packet Pg. 36
Attachment: Powerpoint presentation (5132 : URA - Lyric Application)
Public Benefits / Plan Connections
11
• Unique and creative destination;
• Expansion of local business;
• Improvements benefit other future developments;
• City Plan Connections
• EH 1.1 Supports job creation
• EH 3.3 Support of local and creative
• Policy CPR 2.2 Build Identity
• North College Corridor Plan Connections
• LU 2.1 Complimentary Uses. Different attractions ‘across the river’.
• FAD 2.1 Seek Leverage Opportunities. Set stage for additional
development…
1.5
Packet Pg. 37
Attachment: Powerpoint presentation (5132 : URA - Lyric Application)
Key Reimbursement Points
12
• Applicant must complete project and eligible improvements
before receiving reimbursement payment.
• Reimbursement cap of $252,650; paid at 50% of collection.
• URA may pre-pay the reimbursement at any time.
• Reimbursement payments based on percentage of actual
collections.
1.5
Packet Pg. 38
Attachment: Powerpoint presentation (5132 : URA - Lyric Application)
Staff Recommendation / Other Input
13
• Staff recommends supporting the URA assistance request.
• URA Finance Committee – Positive feedback on application;
recommended submitting to full board.
• North College Citizens Advisory Group – Voted to
recommend support of the project (5-3-1).
1.5
Packet Pg. 39
Attachment: Powerpoint presentation (5132 : URA - Lyric Application)
-1-
RESOLUTION NO. 082
OF THE BOARD OF COMMISSIONERS OF THE
FORT COLLINS URBAN RENEWAL AUTHORITY
APPROVING A REDEVELOPMENT AGREEMENT BETWEEN THE FORT
COLLINS URBAN RENEWAL AUTHORITY AND LYRIC CINEMA CAFÉ
WHEREAS, the City of Fort Collins, Colorado (the “City”) is a home rule municipality
and political subdivision of the State of Colorado (the “State”) organized and existing under a
home rule charter (the “Charter”) pursuant to Article XX of the Constitution of the State; and
WHEREAS, on January 5, 1982, the City Council adopted Resolution 82-10, adopting
findings and establishing the Fort Collins Urban Renewal Authority (the “Authority”) as an
urban renewal authority pursuant to Colorado Revised Statutes, Part 1 of Title 31, Article 25, as
amended (the “Act”); and
WHEREAS, by Resolution 2004-151, adopted on December 21, 2004, the City Council
found and declared that the North College Urban Renewal Area described in such Resolution
(the “North College Area”) is a blighted area as described in the Act and appropriate for urban an
renewal project; and
WHEREAS, by Resolution 2004-152, adopted on December 21, 2004, the City Council
adopted the North College Urban Renewal Plan (the “Plan”) for the North College Area; and
WHEREAS, the purpose of the Plan is to eliminate blight and otherwise implement and
further the above-referenced resolutions, and the purposes, policies, goals, and objectives of the
Authority, the Plan and the Act; and
WHEREAS, as clarified in Resolution 2015-106 adopted by Council on December 1,
2015, the Plan authorizes the Authority to promote and assist various urban renewal undertakings
and activities within the North College Area as part of a single urban renewal project (the “North
College Project”); and
WHEREAS, 1209 College LLC, doing business as Lyric Cinema Café, (the “Property
Owner”) proposes such an undertaking in the North College Area which will include the
construction of a new 10,000 square-foot cinema center with a full restaurant and bike-in outdoor
theater venue on the real property it owns at 1209 North College Avenue, Fort Collins, Colorado
80524 (the “Project”); and
WHEREAS, in order to proceed with the Project, certain stormwater improvements be
constructed on the Property (the “Stormwater Improvements”), certain right-of-way repayments
must be made (the “Right-of-Way Repayments”), and certain landscaping improvements must be
constructed on the Property (the “Landscaping Improvements”); and
Packet Pg. 40
-2-
WHEREAS, Authority staff has worked with the Property Owner to identify appropriate
financial assistance from the Authority that would enhance the likelihood that the Project will be
built; and
WHEREAS, Authority staff and the Applicant have discussed a financial assistance
package that includes: (1) reimbursing the Property Owner for up to $164,563 of the Property
Owner’s costs to construct the Stormwater Improvements; (2) reimbursing the Property Owner
for up to $43,650 of the Property Owner’s costs to make Right-of-Way Repayments; and (3)
reimbursing the Property Owner for up to $44,437 of the Property Owner’s costs to construct the
Landscape Improvements (collectively, the “Financial Assistance”); and
WHEREAS, Authority staff has prepared for the Board of Commissioners of the
Authority (the “Board”) a proposed Redevelopment Agreement between the Authority and the
Property Owner that sets forth the terms and conditions upon which the Financial Assistance will
be provided to the Property Owner by the Authority (the “Redevelopment Agreement”); and
WHEREAS, the Redevelopment Agreement is attached as Exhibit “A” and incorporated
by this reference; and
WHEREAS, the total cost of the Project is expected to be approximately $4.1 million and
the Redevelopment Agreement provides that the costs of the Stormwater Improvements, Right-
of-Way Repayments and Landscape Improvements that are to be funded by the Authority are
capped at $252,650 to be reimbursed to the Property Owner through the Authority’s annual
payment of 50% of the property tax increment to be generated from the Project beginning in
2019 and terminating on February 1, 2031; and
WHEREAS, the Project is estimated to generate approximately $38,981 annually in
property tax increment; and
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
THE FORT COLLINS URBAN RENEWAL AUTHORITY as follows:
Section 1. The foregoing recitals are hereby incorporated as if fully set forth herein
and the Council hereby makes and adopts all of the findings and determinations set forth in those
recitals.
Section 2. That the Board hereby finds that it is in the best interests of the Authority
to provide the Financial Assistance to the Property Owner pursuant to the terms and conditions
of the Redevelopment Agreement since the Project will improve underutilized property within
the North College Area thereby eliminating and preventing blight and, in doing so, further the
purposes, goals, and objectives of the Plan.
Section 3. That the Redevelopment Agreement is hereby approved and the
Executive Director is authorized to execute the Redevelopment Agreement, subject to such
modifications in form or substance as the Executive Director may, in consultation with the
Packet Pg. 41
-3-
Authority’s Attorney, deem desirable and necessary to protect the Authority’s interests, or to
further the purposes of the Plan and this Resolution.
Passed and adopted at a regular meeting of the Board of Commissioners of the City of
Fort Collins Urban Renewal Authority this 3rd day of January, A.D. 2017.
Chairperson
ATTEST:
Secretary
Packet Pg. 42
EXHIBIT A
REDEVELOPMENT AGREEMENT
LYRIC CINEMA
This Agreement is made and entered into effective as of the ___ day of _________, 2017,
by and between the Fort Collins Urban Renewal Authority, a body corporate and politic of the
State of Colorado (the “Authority”), and 1209 N. COLLEGE LLC, a Colorado limited liability
company (the “Developer”).
RECITALS
WHEREAS, the Developer is the owner of the property that is the subject of this
Agreement (the “Property”) described as follows:
Lots 4 through 10 and part of Lots 11 and 26 lying South of the Union Pacific Railroad
and all of Lots 27 through 34, Block 5, Riverside Park, EXCEPT those portions contained
in Book 1854 at Page 700 and Book 2038 at Page 947 and Deed recorded March 16, 2012
at Reception No. 20120017448, all located in the City of Fort Collins, County of Larimer,
State of Colorado; and
WHEREAS, the City of Fort Collins, Colorado (the “City”) is a home rule municipality
and political subdivision of the State of Colorado (the “State”) organized and existing under the
City’s home rule charter (the “Charter”) pursuant to Article XX of the Constitution of the State;
and
WHEREAS, on January 5, 1982, the Fort Collins City Council (the “Council”) adopted
Resolution 82‐10, making findings and establishing the Authority as an urban renewal
authority pursuant to Colorado Revised Statutes, Part 1 of Title 31, Article 25, as amended (the
“Act”); and
WHEREAS, by Resolution 2004‐151, adopted on December 21, 2004, the Council found
and declared that the North College Urban Renewal Plan Area described in such Resolution
(the “Plan Area”) is a blighted area, as described in the Act, appropriate for an urban renewal
project; and
WHEREAS, by Resolution 2004‐152, adopted on December 21, 2004, the Council
adopted the North College Urban Renewal Plan (the “Plan”) for the Plan Area and the Property
is in the Plan Area; and
WHEREAS, as clarified in Resolution 2015‐106 adopted by Council on December 1,
2015, the Plan authorizes the Authority to promote and assist various urban renewal
1
Packet Pg. 43
Attachment: Exhibit A (5151 : URA-Lyric Application)
12/28/16
Page 2
undertakings and activities within the Plan Area as part of a single urban renewal project (the
“North College Project”); and
WHEREAS, the purpose of this Agreement is to assist one such undertaking as part of
the North College Project to eliminate blight in the Plan Area consistent with the purposes,
policies, goals and objectives of the Authority, the Plan and the Act; and
WHEREAS, pursuant to the Plan, the property taxes for property within the Plan Area
have been divided as authorized in the Act to establish property tax increment for the Authority
to collect and use to fund urban renewal undertakings and activities benefiting the Plan Area;
and
WHEREAS, by entering into this Agreement, the Developer is agreeing to pursue the
urban renewal undertakings and activities hereafter described to eliminate and prevent blight,
by clearing, rehabilitating and redeveloping the Property as part of the North College Project
and consistent with the Plan and the Act; and
WHEREAS, the Authority’s Board of Commissioners has determined by its adoption of
Resolution No. 082 on January 3, 2017, which approved this Agreement that the Developer’s
proposed urban renewal undertakings and activities under this Agreement will be consistent
with and in furtherance of the Plan.
AGREEMENT
NOW THEREFORE, in consideration of the promises and the mutual obligations of the
Parties contained herein, and other good and valuable consideration, the receipt and adequacy
of which are acknowledged, the Parties agree as follows.
SECTION 1. DEFINITIONS
In this Agreement, unless the context clearly requires otherwise, the following words
and terms when capitalized shall have the following meanings:
Building means the improvements identified in Exhibit A attached hereto and incorporated
herein.
Certificate of Occupancy means a final, unconditional certificate of occupancy issued for the
Building by the City’s building official under Code Chapter 5, or a conditional certificate of
occupancy, provided that the Authority, in its sole discretion, first determines that the
conditional certificate of occupancy is sufficient given the circumstances and purposes of the
Authority.
1
Packet Pg. 44
Attachment: Exhibit A (5151 : URA-Lyric Application)
12/28/16
Page 3
Certificate of Valuation means the certification by the Larimer County Assessor’s Office
determining the estimated actual value of the Project upon Completion of Construction, which
certification is attached hereto as Exhibit B and incorporated herein.
Charter means the City’s Municipal Charter.
Code means the City’s Municipal Code.
Commence Construction and Commencement of Construction each mean to obtain a building
permit under Code Chapter 5 to construct the Building, and that the Developer diligently
pursues the construction of the Building under the permit in a manner to Complete
Construction of the Project in accordance with the Schedule of Performance.
Complete Construction and Completion of Construction each mean that: (1) construction of the
Project is complete under applicable laws, ordinances and regulations; (2) a Certificate of
Occupancy has been issued for the Building; and (3) the Building has been constructed for the
future use contemplated under this Agreement in accordance with the Schedule of
Performance.
Control or Controlled by, with respect to any entity, means possession of the power to direct or
cause the direction of the management and policies of the entity, whether through the ownership
of the majority of voting rights or securities, by contract, or otherwise.
Developer Financing means the financing that the Developer will use to design and construct
the Project as described in Section 2.1 of this Agreement.
Development Agreement means the development agreement for the Project required by the
Land Use Code, once the same has been approved by the City and recorded against the
Property in the Larimer County, Colorado records.
Eligible Costs means the reasonable and necessary expenditures to design and Complete
Construction of the Funded Improvements, as identified in Exhibit C attached hereto and
incorporated herein, incurred by the Developer subsequent to the date of this Agreement, as
certified by the Developer and, at the Authority’s option, verified by an appropriate expert
retained by the Authority. Eligible Costs shall not include any late payment penalties and
interest paid or owed by the Developer for such expenditures.
Final Development Plan means the final development plan for the Project that has been
approved by the City under the Land Use Code.
Funded Improvements means the improvements, activities and undertakings listed in Exhibit C
that the Developer will construct, satisfy and complete as part of the Project and for which the
Eligible Costs will be incurred.
1
Packet Pg. 45
Attachment: Exhibit A (5151 : URA-Lyric Application)
12/28/16
Page 4
Land Use Code means the City’s Land Use Code.
Party or Parties means a party or the parties to this Agreement, as first identified above.
Pre‐Project Tax Base Amount means the amount representing the taxes paid on the Property in
2016 for the tax year 2015 before the construction of the Project and certified as such by the
Larimer County Assessor’s Office as shown on Exhibit B, which the Parties agree for the
purpose of this Agreement is $7,563.
Project means the design, construction and reconstruction of all improvements, infrastructure,
parking, streets, rights‐of‐way, buildings, structures, signage, and landscaping to be constructed
or installed on the Property pursuant to the Final Development Plan and Development
Agreement, and includes, but is not limited to, the Funded Improvements and the Building.
Outside Date means the date by which the Parties agree a certain event must have occurred in
order for the Developer to be in compliance with the terms of this Agreement, as set forth in the
Schedule of Performance.
Reimbursement Cap means the maximum Reimbursement Obligations of $252,650 for the
Eligible Costs, to the extent those Eligible Costs are required to be paid under the terms and
conditions of this Agreement.
Reimbursement Obligation means the Authority’s obligations under this Agreement to
reimburse the Developer for the Eligible Costs up to the Reimbursement Cap.
Related Entity means any entity wholly owned or Controlled by the Developer. For this
definition, the term “owned” means the ownership of 100% of the ownership interests in the entity.
Schedule of Performance means the schedule that governs the times for the performance by the
Developer and the Authority attached hereto as Exhibit D and incorporated herein.
Target Date means the date by which the Parties agree a certain event is reasonably expected to
have occurred, as set forth in the Schedule of Performance.
Tax Increment means the total of property taxes that the Authority is entitled to receive each
year from the Larimer County Treasurer under the Plan from the Property as authorized in the
Act and as calculated in Section 3.3.1 of this Agreement.
SECTION 2. DEVELOPER OBLIGATIONS
2.1 Developer Financing. The Developer represents and agrees that it has the financial and
legal ability and can bear the economic risk of financing and achieving Completion of
1
Packet Pg. 46
Attachment: Exhibit A (5151 : URA-Lyric Application)
12/28/16
Page 5
Construction of the Project under the terms and conditions of this Agreement. The Parties
acknowledge and agree that the terms and conditions of the Developer Financing will be
determined by separate agreements and instruments to which the Authority will not be a party,
which agreements and instruments shall not alter or affect the respective rights and obligations
of the Developer and the Authority under this Agreement. The Authority acknowledges,
subject to the foregoing, that the Developer and other parties to the Developer Financing are
entitled to establish, modify or amend the Developer Financing, without the consent of the
Authority.
2.2 Demolition, Clearance, Recycling and Preparation of the Property. To the extent
required for the Project, the Developer agrees to demolish and clear any existing improvements
from the Property and prepare the Property for construction of the Project. This work shall be
performed in accordance with the requirements of all laws, rules, and regulations, including
those of the City. This shall include, without limitation, safely removing all asbestos and lead
paint contaminants in accordance with all applicable federal, state and local laws and
regulations. The Developer must also carry out its demolition and removal activities in a
manner that will preserve the ability to recycle all materials including doors, windows, cabinets,
fixtures, concrete, masonry, wood, metal, and cardboard generated by the demolition and
removal of existing improvements from the Property, except if and to the extent the type or
condition of such materials preclude the recycling of the same in accordance with all applicable
laws. Compliance with the provisions of this Section 2.2 shall be certified through receipts,
signed affidavits or other documentation acceptable to the Authority and the Developer shall
preserve and make available such documentation to the Authority for its review to ensure the
Developer’s compliance with this Section 2.2.
2.3 Design and Construction of the Project. The Developer is responsible for obtaining and
reviewing all information that the Developer believes is necessary or desirable to fulfill its
obligations under this Agreement. The Developer agrees to design and construct the Project in
accordance with this Agreement. The Schedule of Performance sets forth the Target Dates and
Outside Dates for obtaining Developer Financing and Completion of Construction of the
Project, and other deadline dates. The Developer, subject to the approval of the Authority,
which approval shall not be unreasonably withheld, conditioned or delayed, shall have sole
responsibility for the design, development and construction of the Funded Improvements, the
Building, and the Project, including without limitation, design, construction, selection, and
supervision of any architects, engineers, and consultants. For construction of the Project, the
Developer agrees to select contractors that the Developer’s architect deems qualified by
experience to construct a Project of this quality and caliber. Regardless of the costs incurred by
the Developer for the Project, the Authority’s Reimbursement Obligation shall not exceed the
Reimbursement Cap.
2.4 Approval of the Construction Documents and Modifications to the Final Development
Plan. The Developer shall prepare and obtain the approval of the City and the Authority,
including, but not limited to, the City’s development review process and independent review
1
Packet Pg. 47
Attachment: Exhibit A (5151 : URA-Lyric Application)
12/28/16
Page 6
by the Authority, of all construction documents related to construction of the Project and the
Final Development Plan. Approval by the Authority shall not be unreasonably withheld,
conditioned or delayed.
2.5 Construction of the Project. The Developer shall Commence Construction and Complete
Construction of the Project in accordance with the City’s applicable standards and
requirements. These activities will occur on or before the dates specified in the Schedule of
Performance. All construction activities shall conform to all applicable laws, codes, ordinances,
and policies, including, but not limited to, those of the City.
2.6 Books and Accounts; Financial Statement. The Developer shall keep, or cause to be kept,
proper and current books and accounts in which complete and accurate entries shall be made of
amounts paid out, and such other calculations, allocations and payments to construct the
Project.
2.7 Inspection of Records. All books, records and reports in the possession of the Developer
relating to the Project shall at all reasonable times and subject to twenty‐four (24) hours advance
notice be open to inspection (at the Authority’s expense) by such accountants or other agents as
the Authority may from time to time designate.
2.8 Restrictions on Assignment and Transfer. Except as hereinafter permitted, prior to
Completion of Construction of the Project the Developer shall not assign or transfer all or any
part of or any interest in this Agreement or the Property without the prior written approval of
the Authority, which approval shall not be unreasonably withheld, conditioned or delayed. For
purposes of this Section 2.8 (a) an assignment or transfer shall include a change of the parties in
Control of the Developer and (b) unreasonably withheld, conditioned or delayed shall mean
failing to approve within ten (10) business days without identifying legitimate concerns of the
Authority related to, but not limited to, the generation of the Tax Increment, the capacity of the
assignee or transferee to Complete Construction, and the preservation and promotion of the
Plan. The Developer shall, upon the Developer’s gaining of knowledge thereof, promptly notify
the Authority of any and all changes in the identity of the parties in Control of the Developer
and the degree of Control thereof. No voluntary or involuntary successor in interest of the
Developer shall acquire any rights or powers under this Agreement except as expressly set forth
herein. Approval of an assignment or transfer by the Authority shall not relieve the Developer
of its obligations to Complete Construction of the entire Project, unless the Authority agrees in
writing. The foregoing restriction on assignment and transfer in this Section 2.8 shall terminate
upon Completion of Construction of the Project.
Notwithstanding the foregoing, but subject to the Authority’s receipt and prior written
approval of all relevant documents confirming such transfer or assignment, which approval
shall not be unreasonably withheld, conditioned or delayed, the Developer may: (i) assign this
Agreement and transfer the Property to a Related Entity of the Developer; (ii) collaterally assign
its right to receive reimbursement under this Agreement to any lender that provides all or any
1
Packet Pg. 48
Attachment: Exhibit A (5151 : URA-Lyric Application)
12/28/16
Page 7
portion of the Developer Financing, provided that any document assigning the Developer’s
right to receive reimbursement hereunder shall expressly provide that no reimbursement will
be made by the Authority unless and until Completion of Construction of the entire Project by
the Developer under the terms of this Agreement; and (iii) enter into a contract to sell all or a
portion of the Project upon or after Completion of Construction, provided that no such sale may
occur prior to Completion of Construction without the Authority’s prior written consent, which
consent shall not be unreasonably withheld, conditioned or delayed. Except when a permitted
assignee expressly assumes such obligation, no permitted assignment of this Agreement or
transfer of the Property shall relieve the Developer of its obligation to complete Construction of
the entire Project under this Agreement.
Any assignment or transfer of the Developer’s rights or obligations under this
Agreement without the Authority’s prior written consent or approval as required by this
Section 2.8 shall be deemed null and void and of no effect.
2.9 Progress Reports. Until Completion of Construction of the Project, the Developer shall
make reports in such detail and at such times as the Authority may reasonably request as to
Developer’s progress with respect to the Commencement of Construction and to the progress of
the Completion of Construction as described in the Schedule of Performance.
SECTION 3. AUTHORITY OBLIGATIONS
3.1 Reimbursement Obligation/Reimbursement Cap. The Authority agrees to reimburse the
Developer for the Eligible Costs as hereafter provided in satisfaction of the Reimbursement
Obligation, but in a total amount not exceed the Reimbursement Cap.
3.2 Conditions for Reimbursement.
3.2.1 The Reimbursement Obligation is conditioned upon the Developer’s Completion
of the Project in conformance with all Project‐related requirements set forth in
this Agreement, including, without limitation, those in Sections 2.2, 2.3, 2.4, and
2.5 of this Agreement. If this condition is not met by the Outside Date specified
in the Schedule of Performance, the Authority shall have no Reimbursement
Obligation to the Developer and this Agreement shall be deemed terminated.
3.2.2 The Reimbursement Obligation and any payments required to be made
thereunder are further conditioned upon verification by the Authority that all of
Developer’s representations and warranties, as set forth in Section 5.1 of this
Agreement, have been met and kept current. The Authority may delay payment
of any payment under this Agreement until the Developer provides reasonable
evidence of full compliance with said representations and warranties as
requested by the Authority in the reasonable exercise of its discretion.
1
Packet Pg. 49
Attachment: Exhibit A (5151 : URA-Lyric Application)
12/28/16
Page 8
3.2.3 The Reimbursement Obligation is limited to reimbursement for Eligible Costs for
the Funded Improvements. As a condition to reimbursement for Eligible Costs,
the Developer shall provide the Authority with documentation of the Eligible
Costs in a form acceptable to the Authority. If this requirement is not met by the
Outside Date specified in the Schedule of Performance, including lien waivers
and releases for labor and materials provided for the Project for or related to the
Funded Improvements, the Authority shall have no Reimbursement Obligation
to the Developer and this Agreement shall be deemed terminated. After the
Developer has submitted all required documentation of the Eligible Costs, the
Authority shall have forty‐five (45) business days thereafter to review such
documentation, including using an expert to review the documentation as the
Authority determines to be appropriate, and to notify the Developer of the
Authority’s determination of eligibility, the costs determined to be Eligible Costs
reimbursable, and the total of the Reimbursement Obligation. The Authority’s
failure to complete its review of the documentation and to notify the Developer
of the results of that review within that forty‐five (45) business day period, shall
be deemed approval by the Authority of the Developer’s submitted Eligible
Costs.
3.3 Reimbursement Payments for Eligible Costs. After the Developer has timely satisfied all
of the conditions in Section 3.2 of this Agreement, the Authority shall reimburse the Developer
for the Eligible Costs portion of the Reimbursement Obligation in the following manner:
3.3.1 The Reimbursement Obligation for Eligible Costs in the total amount of $252,650
shall be paid by the Authority to the Developer commencing in 2019 and
terminating on February 1, 2031. During that period, no later than January 31st of
each year, the Authority shall pay to the Developer fifty percent (50%) of the Tax
Increment that was generated from the Property and paid for the previous
calendar year. The Tax Increment generated by the Project on the Property for
each previous year shall be calculated by subtracting the Pre‐Project Tax Base
Amount from the total property taxes actually paid for the Property in that
previous calendar year.
3.3.2 The Authority’s total of all reimbursement payments for Eligible Costs shall not
exceed a total cumulative amount of $252,650. In addition, in the event the
Developer’s actual costs are less for any estimated line item of Eligible Costs as
set out in Exhibit B, the Developer shall be entitled to transfer those saving for
reimburse to any line item of Eligible Costs where the estimated amount is
exceed by the actual costs, so long as the total cumulative amount of reimbursed
Eligible Costs does not exceed $252,650. The Authority shall continue to annually
make these reimbursement payments to the Developer until the earlier of either:
(1) the full payment of the $252,650; or (2) February 1, 2031. Upon the occurrence
1
Packet Pg. 50
Attachment: Exhibit A (5151 : URA-Lyric Application)
12/28/16
Page 9
of either of these events, the Authority shall have no further obligation to the
Developer for reimbursements under this Section 3.3.
3.4 Authority Right to Pre‐Pay. The Authority reserves the right to pre‐pay any amount
due hereunder without penalty, in its discretion.
3.5 Limitation. The Authority shall not enter into any agreement or transaction that impairs
the rights of the Developer under this Agreement, including, without limitation, the right to
receive reimbursement for the Eligible Costs allocated to it under the procedures established in
this Agreement; provided, however, nothing herein shall preclude the Authority from entering
into other financial obligations, or other financial obligations regarding the Plan and the Plan
Area, so long as the Authority in its reasonable discretion concludes its actions do not and will
not in the future interfere with its obligations under this Agreement.
3.6 Subrogation. Notwithstanding anything herein to the contrary, the Authority’s
Reimbursement Obligation to the Developer under this Agreement shall be subrogated and
junior in priority to any and all other existing indebtedness the Authority has incurred in
connection with other urban renewal undertakings and activities under the Plan prior to the
date of this Agreement, which shall include, without limitation, all bonds issued,
redevelopment agreements entered into, and any other debt obligations incurred by the
Authority under the Plan for other undertakings and activities in the Plan Area prior to the date
of this Agreement (collectively, “Existing Authority Debt”). Therefore, the Developer
acknowledges and agrees that in the event in any year under this Agreement the Authority does
not have sufficient funds to make all or any of portion of its reimbursement payments to the
Developer under this Section 3 because of the Authority’s payment obligations for Existing
Authority Debt, the Authority’s obligation to the Developer for that year shall be limited to only
those Plan Area funds the Authority has available after payment of all of its obligations for
Existing Authority Debt.
SECTION 4. INSURANCE AND INDEMNIFICATION
4.1 Insurance. At all times after the date of this Agreement during which the Developer is
engaged in preliminary work on the Property or adjacent streets and during the period from the
Commencement of Construction until Completion of Construction of the Project, the Developer
shall carry, or cause its general contractor to carry, and, upon request, will provide to the
Authority certificates of insurance as follows:
a. Builder’s risk insurance (with a deductible not to exceed $5,000) in an
amount equal to 100% of the projected replacement value of the Improvements at
the date of Completion of Construction;
1
Packet Pg. 51
Attachment: Exhibit A (5151 : URA-Lyric Application)
12/28/16
Page 10
b. Comprehensive general liability insurance (including operations,
contingent liability, operations of subcontractors, completed operations, and
contractual liability insurance) and umbrella liability insurance with a combined
single limit for both bodily injury and property damage of not less than
$1,000,000. Such insurance may carry a deductible in an amount not to exceed
$10,000 per claim for property damage and $5,000 per claim for employee
benefits; and
c. Worker’s compensation insurance, with statutory coverage, including the
deductible permitted by statute.
All such insurance policies shall be issued by responsible companies selected or approved by
the Developer, subject to the reasonable Approval of the Authority. Prior to Commencement of
Construction, the Developer shall deliver to the Authority policies or certificates evidencing or
stating that such insurance is in force and effect. Each policy shall contain a provision that the
insurer shall not cancel or modify it without giving written notice to the Developer and to the
Authority at least 30 days before the date the cancellation or modification becomes effective and
shall name the Authority and the City as additional insureds, specifying that the insurance shall
be treated as primary insurance.
4.2 Indemnification. The Developer shall defend, indemnify, assume all responsibility for
and hold the Authority, the Authority’s commissioners, the City, the City’s council members,
and the officers and employees of the City and the Authority harmless (including, without
limitation, for attorneys’ fees and costs) from all claims or suits for and damages to property
and injuries to persons, including accidental death, that may be caused by acts or omissions of
the Developer under this Agreement or in connection with the Project, whether such activities
are undertaken by the Developer or anyone directly or indirectly employed by or under
contract to the Developer and whether such damage shall accrue or be discovered before or
after termination of this Agreement.
SECTION 5. REPRESENTATIONS AND WARRANTIES
5.1 The Developer represents and warrants, as of the date of this Agreement, as follows,
with a continuing obligation to notify the Authority of changes to the same through the
completion of payment of the Reimbursement Obligation by the Authority:
a. The Developer is a limited liability company that is qualified to do
business in the State of Colorado, and has the legal capacity and the authority to
enter into and perform its obligations under this Agreement. The Developer has
duly authorized the execution, delivery and performance of this Agreement;
b. The execution and delivery of this Agreement and such documents and
the performance and observance of their terms, conditions and obligations have
1
Packet Pg. 52
Attachment: Exhibit A (5151 : URA-Lyric Application)
12/28/16
Page 11
been duly and validly authorized by all necessary action to make this Agreement
and such documents and such performance and observance are valid and
binding upon the Developer;
c. To the Developer’s current, actual knowledge, after reasonable inquiry,
the execution and delivery of this Agreement and the documents required
hereunder and the consummation of the transactions contemplated by this
Agreement will not:
i. conflict with or contravene any law, order, rule or regulation applicable
to the Developer or to its governing documents;
ii. result in the breach of any terms or provisions of, or constitute a default
under, any agreement or other instrument to which the Developer is a party
or by which the Developer may be bound or affected; or
iii. permit any party to terminate any such agreement or instruments or to
accelerate the maturity of any indebtedness or other obligation of the
Developer;
d. To the Developer’s current, actual knowledge, after reasonable inquiry,
there is no litigation, proceeding, initiative, referendum, or investigation or any
threat of the same contesting the powers of the Developer with respect to this
Agreement not disclosed in writing to the Authority; and
e. The Developer has the legal ability to perform its obligations under this
Agreement and has the financial ability, through borrowing or otherwise, to
complete the Funded Improvements, the Building and the Project, subject to the
terms and conditions of this Agreement. This Agreement constitutes a valid and
binding obligation of the Developer, enforceable according to its terms, except to
the extent limited by bankruptcy, insolvency and other laws of general
application affecting creditors’ rights and by equitable principles, whether
considered at law or in equity.
5.2 The Authority represents and warrants as of the date of this Agreement the following:
a. The Authority is an urban renewal authority duly organized and existing
under applicable law and has the right, power, legal capacity, and the authority
to enter into this Agreement and has authorized the execution, delivery and
performance of this Agreement by proper action of its Board of Commissioners;
b. To the Authority’s current, actual knowledge, after reasonable inquiry,
the Authority knows of no litigation or threatened litigation, proceeding or
1
Packet Pg. 53
Attachment: Exhibit A (5151 : URA-Lyric Application)
12/28/16
Page 12
investigation contesting the powers of the Authority or its officials with respect
to this Agreement not disclosed to the Developer;
c. To the Authority’s current, actual knowledge, after reasonable inquiry,
the execution and delivery of this Agreement and the documents required
hereunder and the consummation of the transactions contemplated by this
Agreement will not:
i. conflict with or contravene any law, order, rule or regulation applicable
to the Authority or to its governing documents,
ii. result in the breach of any terms or provisions of, or constitute a default
under, any agreement or other instrument to which the Authority is a
party or by which it may be bound or affected, or
iii. permit any party to terminate any such agreement or instruments or to
accelerate the maturity of any indebtedness or other obligation of the
Authority; and
d. This Agreement constitutes a valid and binding obligation of the
Authority, enforceable according to its terms, except to the extent limited by
bankruptcy, insolvency and other laws of general application affecting creditors’
rights and by equitable principles, whether considered at law or in equity. The
Authority will defend the validity of this Agreement in the event of any litigation
arising hereunder that names the Authority as a party or which challenges the
authority of the Authority to enter into or perform its obligations hereunder.
SECTION 6. DEFAULT AND REMEDIES
6.1 Default by Developer. “Default” by Developer under the Agreement shall mean one or
more of the following events:
a. The Developer fails to obtain the Developer Financing as required and set
forth in the Schedule of Performance;
b. The Developer, in violation of Section 2.8 of this Agreement, assigns this
Agreement or transfers any part of the Property, or any rights in the same;
c. There is any change in Control of the Developer or in the identity of the
parties in Control of the Developer that violates this Agreement;
d. The Developer fails to provide approved construction documents as
required by this Agreement;
1
Packet Pg. 54
Attachment: Exhibit A (5151 : URA-Lyric Application)
12/28/16
Page 13
e. The Developer fails to Commence Construction within a reasonable
period of time after: (i) approval of the Final Development Plan, final
construction drawings and issuance of permits by the City, and (ii) funding of
the Developer Financing; or the Developer fails to Commence Construction on or
before the Outside Deadline required by the Schedule of Performance;
f. The Developer fails to complete its obligations by the Outside Deadlines
in the Schedule of Performance; or
g. The Developer fails to materially observe or perform any other covenant,
obligation or agreement required of it under this Agreement.
If any Default is not cured within the time allowed in Section 6.3 of this Agreement then the
Authority may exercise any remedy available under this Agreement.
6.2 “Default” by the Authority under the Agreement shall mean one or more of the
following events:
a. The Authority fails to pay the Reimbursement Obligation in violation of
this Agreement; or
b. The Authority fails to materially observe or perform any covenant,
obligation or agreement required of it under this Agreement.
6.3 Grace Periods. Upon a Default by either Party, that Party shall, upon written notice from
the non‐defaulting Party, proceed diligently to cure or remedy the Default and shall have cured
the Default within 30 days (60 days if the Default relates to the Outside Date for Completion of
Construction) after receipt of such notice, or shall have commenced the cure and diligently
pursued it to completion within a reasonable time if the cure cannot reasonably be
accomplished within 30 days (or 60 days if the Default relates to the Outside Date for
Completion of Construction). There shall be no grace period for the Submission of
Documentation for Eligible Costs to URA by the Outside Date as set forth in Exhibit D.
6.4 Remedies on Default. Whenever any Default occurs and is not cured under Section 6.3,
the non‐defaulting Party may take any one or more of the following actions:
a. Suspend performance under this Agreement until it receives assurances
from the defaulting Party, deemed reasonably adequate by the non‐defaulting
Party, that the defaulting Party will cure its Default and continue its performance
under this Agreement;
1
Packet Pg. 55
Attachment: Exhibit A (5151 : URA-Lyric Application)
12/28/16
Page 14
b. Cancel and rescind this Agreement; or
c. Take whatever legal or administrative action or institute such
proceedings as may be necessary or desirable in its opinion to enforce observance
or performance of this Agreement, including, without limitation, specific
performance or to seek any other right or remedy at law or in equity, including
damages.
6.5 Delays; Waivers. Any delay by either Party in instituting or prosecuting any actions or
proceedings or otherwise asserting its rights under the Agreement shall not operate as a waiver
of such rights or deprive it of or limit such rights. No waiver in fact made by a Party with
respect to any specific default by the other Party under the Agreement shall be considered or
treated as a waiver of the rights with respect to any other defaults by the other Party under the
Agreement or with respect to the particular default except to the extent expressly waived in
writing. The Parties intend that this provision will enable each Party to avoid the risk of being
limited in the exercise of a remedy provided in the Agreement by waiver, laches or otherwise in
the exercise of such remedy at a time when it may still hope to resolve the problems created by
the default involved.
6.6 Enforced Delays. Any delays in or failure of performance by any Party of its obligations
under this Agreement shall be excused if such delays or failure result from acts of God, fires,
floods, strikes, labor disputes, accidents, regulations, order of civil or military authorities,
shortages of labor or materials, or other causes, similar or dissimilar, that are beyond the control
of such Party.
6.7 Rights and Remedies Cumulative. The rights and remedies of the Parties to the
Agreement are cumulative, and the exercise by either Party of any one or more of such remedies
shall not preclude the exercise by it, at the same or different times, of any other such remedies
for any other default or breach by any other Party.
SECTION 7. MISCELLANEOUS
7.1 Conflicts of Interest. None of the following shall have any personal interest, direct or
indirect, in this Agreement: A member of the governing body of the Authority or of the City; an
employee of the Authority or of the City who exercises responsibility concerning the Project, or
an individual or firm retained by the City or the Authority who has performed consulting
services for the Project. None of the above persons or entities shall participate in any decision
relating to this Agreement that affects his or her personal interests or the interests of any
corporation, partnership or association in which he or she is directly or indirectly interested.
7.2 Antidiscrimination. The Developer, for itself and its successors and assigns, agrees that
in the completion of the Funded Improvements, the Building and the Project provided for in
this Agreement and in the use and occupancy of the Property, the Developer will not
1
Packet Pg. 56
Attachment: Exhibit A (5151 : URA-Lyric Application)
12/28/16
Page 15
discriminate against any employee or applicant for employment otherwise qualified because of
race, color, creed, religion, sex, sexual orientation, age, disability (subject to the availability of a
reasonable accommodation of the disability), marital status, ancestry, or national origin.
7.3 Title of Sections. Any titles of the several parts and sections of this Agreement are
inserted for convenience of reference only and shall be disregarded in construing or interpreting
its provisions.
7.4 No Third‐Party Beneficiaries. No third‐party beneficiary rights are created in favor of
any person not a party to this Agreement except with respect to those rights and protections
granted to the City under this Agreement.
7.5 Venue and Applicable Law. Any action arising out of this Agreement shall only be
brought in the Larimer County District Court and the laws of the State of Colorado shall govern
the interpretation and enforcement of this Agreement, without giving effect to its conflicts of
law provisions.
7.6 Non‐liability of Officials, Agents and Employees. No council member, board member,
commissioner, official, employee, consultant, attorney or agent of the Authority or the City shall
be personally liable to the Developer under this Agreement or in the event of any default or
breach by the City or Authority or for any amount that may become due to the Developer under
this Agreement. No official, employee, consultant, attorney or agent of the Developer shall be
personally liable to the Authority or the City under this Agreement or in the event of any
default or breach by the Developer or for any amount that may become due to the Authority or
the City under this Agreement.
7.7 Authority and City Not a Partner. Notwithstanding any language in this Agreement or
any other agreement, representation, or warranty to the contrary, neither the Authority nor the
City shall be deemed or represented as a partner or joint venturer of the Developer or any
contractor or subcontractor performing work on the Property or the Funded Improvements, the
Building or the Project. Neither the Authority nor the City shall be responsible for any debt or
liability of the Developer, or its managers or members, or such contractor or subcontractor.
7.8 Integrated Contract. This Agreement is an integrated contract and invalidation of any of
its provisions by judgment or court order shall in no way affect any of the other provisions,
which shall remain in full force and effect unless the Parties otherwise agree to a written
amendment.
7.9 Counterparts. This Agreement may be executed in counterparts, each of which shall
constitute one and the same instrument.
7.10 Notices. A notice, demand, or other communication under this Agreement by any party
to the other shall be in writing and sufficiently given if delivered in person or if it is delivered
1
Packet Pg. 57
Attachment: Exhibit A (5151 : URA-Lyric Application)
12/28/16
Page 16
by overnight courier service with guaranteed next‐day delivery or by certified mail, return
receipt requested, postage prepaid, and:
a. In the case of the Developer, is addressed to or delivered to the Developer, as
follows:
1209 N. College LLC
Attn: Mr. Ben Mozer
109 S. Sherwood Street
Fort Collins, CO 80521
b. In the case of the Authority, is addressed to or delivered to the Authority as
follows:
Executive Director
Fort Collins Urban Renewal Authority
300 LaPorte Avenue
PO Box 580
Fort Collins, CO 80522
And
City Attorney
City of Fort Collins
300 LaPorte Avenue
PO Box 580
Fort Collins, CO 80522
or at such other substituted address as the affected party may, from time to time, designate in
writing and forward to the other as provided in this Section. Notice provided by in‐person
delivery or by overnight courier shall be considered delivered as of the verified date of delivery.
Notice provided by regular U.S. Mail shall be considered delivered three (3) days after the date
of deposit with the U.S. Postal Service.
7.11 Good Faith of Parties. In performance of the Agreement or in considering any requested
extension of time or in giving any approval, the Parties agree that each will act in good faith and
will not act unreasonably, arbitrarily, capriciously or unreasonably withhold, condition or delay
any approval required by this Agreement.
7.12 Exhibits Merged. All Exhibits attached to the Agreement are expressly integrated
herein.
1
Packet Pg. 58
Attachment: Exhibit A (5151 : URA-Lyric Application)
12/28/16
Page 17
7.13 Days. If the day for any performance or event provided for herein is a Saturday, Sunday
or other day on which either national banks or the office of the Clerk and Recorder of Larimer
County, Colorado, is not open for the regular transaction of business, the day for performance
shall be deemed to be the next day on which the banks or Clerk and Recorder are open for the
transaction of business.
7.14 Further Assurances. Each Party agrees to execute such documents and take such action
as shall be reasonably requested by the other Party to confirm, clarify or effectuate this
Agreement.
7.15 Certifications. Each Party agrees to execute such documents as the other Party may
reasonably request to verify or confirm the status of this Agreement and of the performance of
the obligations hereunder and such other matters as the requesting Party may reasonably
request.
7.16 Amendments. This Agreement shall not be amended except by written instrument.
Each amendment, which shall be in writing and signed and delivered by the Parties, shall be
effective to amend the provisions hereof.
7.17 Survival of Representations, Warranties and Covenants. No representations or
warranties whatever are made by any Party except as expressly set forth in this Agreement.
The representations, warranties and indemnities made by the Parties and the covenants and
agreements to be performed or complied with by the respective Parties shall be deemed to be
continuing. Nothing in this Section shall affect the obligations and indemnities of the Parties
with respect to covenants and agreements in this Agreement that are permitted or required to
be performed in whole or in part after issuance of a Certificate of Occupancy.
7.18 Minor Changes. This Agreement has been approved in substantially the form submitted
to the governing bodies of the Parties. The officers executing the Agreement have been
authorized to make, and may have made, minor changes in the Agreement and the attached
Exhibits as they have considered necessary. So long as such changes followed the intent and
understanding of the Parties at the time of approval by the governing bodies, the execution of
the Agreement shall constitute conclusive evidence of the approval of such changes by the
respective Parties.
7.19 Joint Draft. The Parties agree they drafted this Agreement jointly with each having the
advice of legal counsel and an equal opportunity to contribute to its content.
7.20 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
Parties and their respective permitted successors and permitted assigns.
IN WITNESS WHEREOF, the Authority and the Developer have caused the Agreement
to be duly executed as of the day first above written.
1
Packet Pg. 59
Attachment: Exhibit A (5151 : URA-Lyric Application)
12/28/16
Page 18
DEVELOPER:
1209 N. COLLEGE LLC
By:_________________________________
Name: _____________________________________
Title: _______________________________________
AUTHORITY:
THE FORT COLLINS URBAN RENEWAL AUTHORITY
By:_____________________________________________
Darin Atteberry, Executive Director
ATTESTED: APPROVED AS TO FORM:
By: __________________________ By: ____________________________
City Clerk Authority Legal Counsel
1
Packet Pg. 60
Attachment: Exhibit A (5151 : URA-Lyric Application)
HORIZONTAL METAL LAPPED SIDING
PORTAL TUBES
LOW-SLOPED METAL ROOFING
BUILDING SIGN:
SEPARATE PERMIT
REVIEW REQUIRED
MARQUEE : FINISH TO MATCH
THEATER STANDING SEAM METAL
14' - 1"
METAL ROOF TO MATCH METAL
SIDING COLOR
16' - 2 1/2"
11' - 9"
SUNDECK: May be built in
subsequent phase
THEATERS COLOR: METAL SALES
"METALLIC SILVER"
LOBBY BUILDING COLOR:
METAL SALES "REGAL BLUE"
ACCENT COLOR: METAL SALES
"PATRIOT RED"
ROOF TOP UNITS BEHIND SCREEN
WALL - METAL SIDING TO MATCH
THEATER METAL SIDING
TWO SMALLER THEATERS
MAIN THEATER AND PERFORMANCE HALL
WITH METAL ROOFING AND MATCHING METAL SIDING
COLOR: METAL SALES "SILVER METALLIC"
16' - 5 1/2"
11' - 9"
20' - 7 7/8"
15' - 3 7/8"
1" / 1'-0"
1/4" / 1'-0"
SQUARE CORRUGATED VERTICAL METAL SIDING
PATTERN (TYPICAL ALL SIDES AS SHOWN)
SUNDECK (May be built in
subsequent phase)
RTU SCREEN WALL W/
PIPE SECTIONS TO MIMIC
SPACESHIP
ROCKET BOOSTER THEME
WEST ENTRY AND EXIT
(Canopy Vestibule may be done at subsequent phase)
SUNDECK
(May be built in subsequent phase)
THEATER EXIT DOORS
14' - 3" 5' - 8 5/8"
23' - 2 1/8"
GLASS GARAGE DOORS
20' - 7 7/8"
(4) 42" DIAMETER PORTAL WINDOWS
GLASS DOUBLE DOOR : May be built in
subsequent phase with Sundeck
REMAINING ENTRY CANOPY TO BE
BUILT IN A SUBSEQUENT PHASE
1" / 1'-0"
1" / 1'-0"
MARQUEE SIGN
MECHANICAL SCREEN BEYOND
Exhibit B Page EXHIBIT 1 of B 1 to
AGREEMENT
1
Packet Pg. 62
Attachment: Exhibit A (5151 : URA-Lyric Application)
Eligible Costs EXHIBIT C
to AGREEMENT
Page 1 of 1
Total reimbursement capped at $252,650.
Reimbursement limited to the following:
Eligible Items Amount Reimbursement Category
Stormwater Improvements ‐ Total $563 164,Stormwater Improvements
Mobilization/General Site Conditions $ 1,250 Stormwater Improvements
CDPHE ‐ Permit $ 11,500 Stormwater Improvements
Testing Allowance $ 500 Stormwater Improvements
Site Grading / Excavation $ 5,475 Stormwater Improvements
Drainage Basin / Rain Garden Drain $ 28,055 Stormwater Improvements
Retaining Wall @ South Property Line $ 15,855 Stormwater Improvements
Valley Pan @ South Property Line $ 2,568 Stormwater Improvements
Traffic Control $ 800 Stormwater Improvements
Storm Drainage ‐ RCP / MHs / ADS / Inlets $ 83,600 Stormwater Improvements
Stormwater Contingency (10%) $ 14,960 Stormwater Improvements
Right‐of‐Way Repay (N. College Imps.) $ 43,650 Right‐of‐Way Repay
Landscaping Improvements $ 44,437 Landscaping
Total Reimbursement Cap. $ 252,650
1
Packet Pg. 63
Attachment: Exhibit A (5151 : URA-Lyric Application)
Schedule of Performance EXHIBIT D
to AGREEMENT
Page 1 of 1
Action Responsible
Party
Target
Date
Outside
Date
Planning Approval Developer 2/1/17 5/1/17
Execution of Development Agreement Developer 2/1/17 5/1/17
Deliver Proof of Insurance Developer 2/1/17 5/1/17
Commence Construction of Cinema Site / Facility Developer 5/1/17 9/1/17
Complete Construction of Cinema Site / Facility Developer 12/1/18 1/1/18
Submit Documentation for Eligible Costs to URA Developer 1/1/18 5/1/18
*Draft Schedule of Performance, only; document subject to change.
1
Packet Pg. 64
Attachment: Exhibit A (5151 : URA-Lyric Application)
INITIAL PHASE ENTRY
CANOPY TO END HERE
1" / 1'-0"
SUNDECK: May be built in
subsequent phase
10' - 0"
PORTION OF ENTRANCE CANOPY TO
BE BUILT WITH INITIAL CONSTRUCTION
24" PORTAL TUBES
PERSON DOOR TO
SIDEWALK
9' - 1 1/2"
4" STEEL POSTS
W/ ANCHOR BOLTS
INTO CONCRETE SLAB
RUBBER BUMBER
TRASH AT 3' HIGH (TYP. OF 2)
(4 YD DUMPSTER)
CONCRETE PAD
STEEL BOLLARDS
GATES TO MATCH
WALL CLADDING
METAL PANEL TO MATCH
THEATER ON METAL FRAME
DRIVEWAY
SIDEWALK
RECYCLING
(4 YD DUMPSTER)
3' - 0"
16' - 0"
18' - 5"
AZ.E
7
6' - 0"
VERTICAL METAL CORRUGATED
SIDING TO MATCH THEATER
SIDING ON METAL FRAME
6"
ENGI NEER I N G
NRN O R T H E
Ƶͮƌ
Scale
Project number
Date
Drawn by
Checked by
urban|rural design inc.
252 linden street
fort collins, colorado
970.846.0267
brian@urbanruralarch.com
merl@urbanruralarch.com
LANDSCAPE ARCHITECT:
ARCHITECT:
CIVIL ENGINEER:
301 North Howes Street
Suite 100
Fort Collins, Colorado
970.221.4158
contact: Randall Provencio
As indicated
11/3/2016 10:02:51 AM
AZ.E
BUILDING
ELEVATIONS
UR-12-14
THE LYRIC
GLOZER LLC
SEPTEMBER 15, 2016
UR | DDS
bam
1/8" = 1'-0"
1 PDP - EAST ELEVATION
1/8" = 1'-0"
2 PDP - SOUTH ELEVATION
1/8" = 1'-0"
3 PDP - WEST ELEVATION
1/8" = 1'-0"
4 PDP - NORTH ELEVATION
NOTE: SEPARATE PERMIT REQUIRED PRIOR TO INSTALLATION OF SIGN.
SIGNAGE AND ADDRESSING ARE NOT PERMITTED WITH THIS PLANNING
DOCUMENT AND MUST BE APPROVED BY SEPARATE CITY PERMIT PRIOR
TO CONSTRUCTION. SIGNS MUST COMPLY WITH CITY SIGN CODE
UNLESS A SPECIFIC VARIANCE IS GRANTED BY THE CITY.
PDP SUBMITTAL (HEARING) 6/10/16
1/4" = 1'-0"
6 TRASH ENCLOSURE PLAN
1/4" = 1'-0"
7
TRASH ENCLOSURE - NORTH
ELEVATION
dZ^, E>K^hZ
FINAL PLAN SUBMITTAL 8/23/16
No. Description Date
PDP FINAL PLAN SUBMITTAL
BUILDING SIGN RENDERING
NORTH COLLEGE STREET VIEW FROM EAST
NORTH COLLEGE STREET VIEW FROM SOUTHEAST
SOUTHWEST VIEW FROM PARKING LOT
EXHIBIT A to
AGREEMENT
1
Packet Pg.
e
Canvasback Pond
CONCEPT PLAN
Sheet 6
Final
04/22/2015
N
W
S
E
0 75 150 300
1 inch = 150 feet
Feet
Kingfisher Point Natural Area
Ecological Restoration Project
Fort Collins, CO
LEGEND
River
Relocated Ditch Upland Grassland
Pool/Riffle Sequence
Backwater Channel Willow Shrubland Trailhead
Step Wetland
Cottonwood/Shrub Woodland
Ped. Bridge
Fill
Wetland
Woodland Fill
Lime Wasting
New Trail
City Property
New Trail
City Property
r
e
R
i
v
e
r
CONCEPT PLAN
Sheet 4
Final
04/22/2015
N
W
S
E
0 75 150 300
1 inch = 150 feet
Feet
Kingfisher Point Natural Area
Ecological Restoration Project
Fort Collins, CO
LEGEND
River
Relocated Ditch Upland Grassland
Pool/Riffle Sequence
Backwater Channel Willow Shrubland Trailhead
Step Wetland
Cottonwood/Shrub Woodland
Ped. Bridge
Fill
Wetland
Woodland Fill
Lime Wasting
New Trail
City Property
e
l
a
P
o
u
d
r
e
R
i
v
e
r
CONCEPT PLAN
Sheet 3
Final
04/22/2015
N
W
S
E
0 75 150 300
1 inch = 150 feet
Feet
Kingfisher Point Natural Area
Ecological Restoration Project
Fort Collins, CO
LEGEND
River
Relocated Ditch Upland Grassland
Pool/Riffle Sequence
Backwater Channel Willow Shrubland Trailhead
Step Wetland
Cottonwood/Shrub Woodland
Ped. Bridge
Fill
Wetland
Woodland Fill
Lime Wasting
New Trail
City Property
N
W
S
E
0 75 150 300
1 inch = 150 feet
Feet
Kingfisher Point Natural Area
Ecological Restoration Project
Fort Collins, CO
LEGEND
River
Relocated Ditch Upland Grassland
Pool/Riffle Sequence
Backwater Channel Willow Shrubland Trailhead
Step Wetland
Cottonwood/Shrub Woodland
Ped. Bridge
Fill
Wetland
Woodland Fill
Lime Wasting
New Trail
City Property
P
o
u
d
r
e
R
i
v
e
r
C
a
c
h
e
l
a
P
o
u
d
r
e
R
i
v
e
r
CONCEPT PLAN
Sheet 1
Final
04/22/2015
N
W
S
E
0 75 150 300
1 inch = 150 feet
Feet
Kingfisher Point Natural Area
Ecological Restoration Project
Fort Collins, CO
LEGEND
River
Relocated Ditch Upland Grassland
Pool/Riffle Sequence
Backwater Channel Willow Shrubland Trailhead
Step Wetland
Cottonwood/Shrub Woodland
Ped. Bridge
Fill
Wetland
Woodland Fill
Lime Wasting
New Trail
City Property
m
a
y
A
v
e
n
u
e
T
i
m
b
e
r
l
i
n
e
R
o
a
d
T
i
m
b
e
r
l
i
n
e
R
o
a
d
Timberline Road
R
iv
ers
id
e A
v
e
n
u
e
R
iv
ers
id
e A
v
e
n
u
e
R
i
v
e
r
s
i
d
e
A
v
e
n
u
e
R
i
v
e
r
s
i
d
e
A
v
e
n
u
e
M
u
l
b
e
r
r
y
S
t
r
e
e
t
M
u
l
b
e
r
r
y
S
t
r
e
e
t
N
W
S
E
0 200 400 800
1 inch = 400 feet
Feet
Kingfisher Point Natural Area LEGEND
Ecological Restoration Project
Fort Collins, CO River
Relocated Ditch Upland Grassland
Pool/Riffle Sequence
Backwater Channel Willow Shrubland Trailhead
Step Wetland
Cottonwood/Shrub Woodland
Ped. Bridge
Fill
Wetland
Woodland Fill
Lime Wasting
New Trail
City Property
u
e
L
e
m
a
y
A
v
e
n
u
e
T
i
m
b
e
r
l
i
n
e
R
o
a
d
T
i
m
b
e
r
l
i
n
e
R
o
a
d
Timberline Road
R
iv
ers
id
e A
v
e
n
u
e
R
iv
ers
id
e A
v
e
n
u
e
R
i
v
e
r
s
i
d
e
A
v
e
n
u
e
R
i
v
e
r
s
i
d
e
A
v
e
n
u
e
M
u
l
b
e
r
r
y
S
t
r
e
e
t
M
u
l
b
e
r
r
y
S
t
r
e
e
t
N
W
S
E
0 200 400 800
1 inch = 400 feet
Feet
CONCEPT PLAN LEGEND
Cover Sheet
Final
04/22/2015
Kingfisher Point Natural Area
Ecological Restoration Project
Fort Collins, CO River
Relocated Ditch Upland Grassland
Pool/Riffle Sequence
Backwater Channel Willow Shrubland Trailhead
Step Wetland
Cottonwood/Shrub Woodland
Ped. Bridge
Fill
Wetland
Woodland Fill
Lime Wasting
New Trail
City Property