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COUNCIL - COMPLETE AGENDA - 07/19/2016 - COMPLETE AGENDA
City of Fort Collins Page 1 Wade Troxell, President City Council Chambers Gerry Horak, District 6, Vice President 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 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 (TDD 224- 6001) for assistance. Wastewater Utility Enterprise Board Formal Meeting July 19, 2016 6:00 p.m. CALL MEETING TO ORDER ROLL CALL 1. Consideration and Approval of the Minutes of the July 5, 2016 Wastewater Utility Enterprise Board Meeting. The purpose of this item is to approve the minutes from the July 5, 2016 Wastewater Utility Enterprise Board meeting. 2. Second Reading of Ordinance No. 006, Authorizing the Issuance of City of Fort Collins, Colorado, Wastewater Utility Enterprise Revenue Refunding Bonds, Series 2016A, to Refund Certain Outstanding Sewer Revenue Bonds to Achieve Interest Rate Savings. (staff: Mike Beckstead; no staff presentation; 3 minute discussion) This Ordinance, adopted on First Reading on July 5, 2016 by a vote of 6-0 (Horak recused) authorizes the issuance of City of Fort Collins, Colorado, Wastewater Utility Enterprise Revenue Refunding Bonds, Series 2016A, so as to refund a portion of the 2009A Bonds. The bonds were originally issued to make improvements at the Mulberry Water Reclamation Facility. Potential savings are estimated at approximately $2.4 million with a net present value of $2.1 million. OTHER BUSINESS ADJOURNMENT WASTEWATER UTILITY ENTERPRISE BOARD Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY July 19, 2016 Wastewater Utility Enterprise Board STAFF Wanda Winkelmann, City Clerk SUBJECT Consideration and Approval of the Minutes of the July 5, 2016 Wastewater Utility Enterprise Board Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the July 5, 2016 Wastewater Utility Enterprise Board meeting. ATTACHMENTS 1. July 5, 2016 (PDF) 1 Packet Pg. 2 City of Fort Collins Page 53 WASTEWATER UTILITY ENTERPRISE BOARD July 5, 2016 6:00 PM ROLL CALL PRESENT: Overbeck, Campana, Troxell, Cunniff, Martinez, Stephens ABSENT: Horak Staff Present: Atteberry, Daggett, Winkelmann 1. First Reading of Ordinance No. 006, Authorizing the Issuance of City of Fort Collins, Colorado, Wastewater Utility Enterprise Revenue Refunding Bonds, Series 2016A, to Refund Certain Outstanding Sewer Revenue Bonds to Achieve Interest Rate Savings. (Adopted on First Reading) The purpose of this item is to authorize the issuance of City of Fort Collins, Colorado, Wastewater Utility Enterprise Revenue Refunding Bonds, Series 2016A, so as to refund a portion of the 2009A Bonds. The bonds were originally issued to make improvements at the Mulberry Water Reclamation Facility. Potential savings are estimated at approximately $2.4 million with a net present value of $2.1 million. John Voss, Controller, stated the $30 million, 2009 bond was originally issued for a major renovation to the Mulberry Treatment Facility. The refinancing of this bond will result in a savings of $2.4 million. Eric Sutherland asked if the Enterprise is in receipt of any state or local grant funding which might jeopardize its status and questioned if this refinance will translate to lower rates for ratepayers. Mayor Troxell requested staff input regarding Mr. Sutherland’s questions. Voss replied he was not aware of any grant funding which would disqualify the Enterprise status and there will be no rate impact. Boardmember Cunniff asked if the savings will go into wastewater reserves. Voss replied in the affirmative and stated wastewater rates will be evaluated in the fall. Boardmember Cunniff made a motion, seconded by Boardmember Overbeck, to adopt Ordinance No. 006, on First Reading. RESULT: ORDINANCE NO. 006 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Bob Overbeck, District 1 AYES: Overbeck, Campana, Troxell, Cunniff, Martinez, Stephens ABSENT: Horak 1.1 Packet Pg. 3 Attachment: July 5, 2016 (4653 : WWUE min-7/5) July 5, 2016 City of Fort Collins Page 54 ADJOURNMENT The meeting adjourned at 6:05 PM. ______________________________ Mayor, Ex Officio President ATTEST: _________________________________ City Clerk, Ex Officio Secretary 1.1 Packet Pg. 4 Attachment: July 5, 2016 (4653 : WWUE min-7/5) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY July 19, 2016 Wastewater Utility Enterprise Board STAFF John Voss, Controller/Assistant Financial Officer Mike Beckstead, Chief Financial Officer SUBJECT Second Reading of Ordinance No. 006, Authorizing the Issuance of City of Fort Collins, Colorado, Wastewater Utility Enterprise Revenue Refunding Bonds, Series 2016A, to Refund Certain Outstanding Sewer Revenue Bonds to Achieve Interest Rate Savings. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on July 5, 2016 by a vote of 6-0 (Horak recused) authorizes the issuance of City of Fort Collins, Colorado, Wastewater Utility Enterprise Revenue Refunding Bonds, Series 2016A, so as to refund a portion of the 2009A Bonds. The bonds were originally issued to make improvements at the Mulberry Water Reclamation Facility. Potential savings are estimated at approximately $2.4 million with a net present value of $2.1 million. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 5, 2016 (w/o attachments) (PDF) 2. Ordinance No. 006, 2016 (PDF) 2 Packet Pg. 5 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY July 5, 2016 Wastewater Utility Enterprise Board STAFF John Voss, Controller/Assistant Financial Officer SUBJECT First Reading of Ordinance No. 006, Authorizing the Issuance of City of Fort Collins, Colorado, Wastewater Utility Enterprise Revenue Refunding Bonds, Series 2016A, to Refund Certain Outstanding Sewer Revenue Bonds to Achieve Interest Rate Savings. EXECUTIVE SUMMARY The purpose of this item is to authorize the issuance of City of Fort Collins, Colorado, Wastewater Utility Enterprise Revenue Refunding Bonds, Series 2016A, so as to refund a portion of the 2009A Bonds. The bonds were originally issued to make improvements at the Mulberry Water Reclamation Facility. Potential savings are estimated at approximately $2.4 million with a net present value of $2.1 million. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. Staff will coordinate with the City’s financial advisor to proceed with the competitive sale of the bonds in August 2016. BACKGROUND / DISCUSSION After passage of the TABOR Amendment by the Colorado voters in 1992, the City’s voters approved an amendment to the City Charter that authorized the City Council to establish the City’s Wastewater Utility Enterprise (Enterprise), as well as enterprises for the City’s other utilities. In 1993, the City Council adopted an ordinance establishing the Enterprise. The Charter amendment authorizes the Enterprise to issue its own revenue bonds on behalf of the City. In doing so, the Enterprise is exempt from the voter-approved requirements of the TABOR Amendment with respect to the issuance of bonds. Outstanding bonds maturing on December 1, 2018, or later would be refunded under this proposal. The bonds will be sold through public sale via electronic online bid process. The City has conducted competitive sales utilizing an electronic platform in the past and has received bids reflective of the market or better. This method tries to assure the highest level of participation in financing transactions while achieving the lowest cost to the City. CITY FINANCIAL IMPACTS The wastewater revenue bonds are not general obligations (supported or secured by general property taxes) of the City of Fort Collins. They are payable only from the fees, charges, and other income of the City’s Wastewater Utility. The refunding of the Series 2009A bonds will reduce the interest paid by the City and yield cashflow savings of approximately $2.4 million dollars with a net present value savings of $2.1 million dollars. ATTACHMENT 1 2.1 Packet Pg. 6 Attachment: First Reading Agenda Item Summary, July 5, 2016 (w/o attachments) (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) Agenda Item 1 Item # 1 Page 2 $ in 000s Date Old Debt Service New Debt Service Savings Present Value Savings 12/1/2016 $ 1,707 $ 1,663 $ 44 $ 42 12/1/2017 2,422 2,270 153 150 12/1/2018 2,425 2,272 153 147 12/1/2019 2,450 2,242 208 195 12/1/2020 2,467 2,256 210 194 12/1/2021 2,486 2,279 207 186 12/1/2022 2,507 2,298 209 184 12/1/2023 2,534 2,324 210 182 12/1/2024 2,557 2,346 211 179 12/1/2025 2,585 2,379 206 171 12/1/2026 2,612 2,403 208 170 12/1/2027 2,623 2,413 211 168 12/1/2028 2,644 2,434 210 164 32,018 29,580 2,438 2,133 The costs are subject to change between first reading and when the sale of the bonds occurs in early August. Final costs and interest rates will be reported to Council after the sale is completed. BOARD / COMMISSION RECOMMENDATION At its June 1, 2016 meeting, the Council Finance Committee recommended adoption of the Ordinance to refinance the 2009 Wastewater Revenue Bonds. At its June 16, 2016 meeting, the Water Board recommended adoption of an ordinance to allow for the pre- refunding of the 2009 Wastewater Revenue Bond. ATTACHMENTS 1. Council Finance Committee minutes, June 1, 2016 (PDF) 2. Water Board minutes, June 16, 2016 (draft) (PDF) 3. Paying Agent Agreement (PDF) 4. Escrow Agreement (PDF) 5. Continuing Disclosure Certificate (PDF) 6. Notice of Public Sale (PDF) 7. Preliminary Official Statement (PDF) 8. Powerpoint presentation (PDF) 2.1 Packet Pg. 7 Attachment: First Reading Agenda Item Summary, July 5, 2016 (w/o attachments) (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -1- ORDINANCE NO. 006 AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF FORT COLLINS, COLORADO, WASTEWATER UTILITY ENTERPRISE, WASTEWATER REVENUE REFUNDING BONDS, SERIES 2016A, TO REFUND CERTAIN OUTSTANDING SEWER REVENUE BONDS TO ACHIEVE INTEREST RATE SAVINGS. BE IT ORDAINED BY THE BOARD OF THE CITY OF FORT COLLINS, COLORADO, WASTEWATER UTILITY ENTERPRISE AS FOLLOWS: Section 1. Definitions and Construction. Definitions. In this Ordinance the following terms have the following respective meanings unless the context hereof clearly requires otherwise: Additional Parity Bonds: any bonds, warrants, notes, securities, leases or other contracts payable from the Net Pledged Revenues equally or on a parity with the Bonds and issued after the issuance of the Bonds. Average Annual Debt Service Requirements: the aggregate of all Debt Service Requirements (excluding any redemption premiums) due on any designated Securities for all Bond Years beginning with the Bond Year in which Debt Service Requirements of such Securities are first payable and ending with the Bond Year in which the last of the Debt Service Requirements are payable, divided by the number of such years. Beneficial Owners: those Persons having beneficial ownership interests in Bonds registered in the name of the Securities Depository or a nominee therefor. Board: the governing body of the Enterprise. Bond Insurance Policy: the municipal bond insurance policy or financial guaranty insurance policy, if any, issued by the Bond Insurer guaranteeing the payment when due of the principal of and interest on the Bonds, if set forth in the Sale Certificate. Bond Insurer: the provider, if any, of the Bond Insurance Policy, or any successor thereto, if set forth in the Sale Certificate. Bond Year: the twelve (12) months commencing on the second day of December of any calendar year and ending on the first day of December of the next succeeding calendar year. Bonds: the City of Fort Collins, Colorado, Wastewater Utility Enterprise, Wastewater Revenue Refunding Bonds, Series 2016A, in the maximum aggregate principal amount of $20,080,000. 2.2 Packet Pg. 8 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -2- Book-entry form or book-entry system: means, with respect to the Bonds, a form or system, as applicable, under which physical Bond certificates in fully registered form are registered only in the name of The Depository Trust Company or its nominee as Owner, with the physical Bond certificates “immobilized” in the custody of The Depository Trust Company. The book-entry system maintained by and the responsibility of The Depository Trust Company and not maintained by or the responsibility of the Enterprise or the Paying Agent is the record that identifies, and records the transfer of the interests of, the owners of book-entry interests in the Bonds. Business Day: means a day which is not (i) a Saturday, Sunday or legal holiday on which banking institutions in the State of Colorado, the State of New York, or the state in which the principal office of the Paying Agent or Registrar is located are authorized by law to close, (ii) a day on which the New York Stock Exchange is closed, or (iii) a day on which the Federal Reserve is closed. Charter: the Home Rule Charter of the City, as amended. City: the City of Fort Collins, Colorado. Code: the Code of the City, as amended. Combined Average Annual Debt Service Requirements: the sum of the Average Annual Debt Service Requirements for all issues of designated Securities for which such computation is being made, treated as a single issue. Combined Maximum Annual Debt Service Requirements: the Maximum Annual Debt Service Requirements for all designated Securities for which such computation is being made, treated as a single issue. Commercial Bank: a state or national bank or trust company that is a member of the Federal Deposit Insurance Corporation and of the Federal Reserve System, which has reported capital and surplus of $75,000,000 or more. Consulting Engineer: an independent consulting engineer or engineering firm or corporation having skill, knowledge and experience in analyzing the operations of municipal wastewater systems. Continuing Disclosure Certificate: the Continuing Disclosure Certificate for the Bonds executed by the Enterprise, which constitutes an undertaking pursuant to Rule 15c2-12 promulgated by the U.S. Securities and Exchange Commission. Costs of Issuance: all financial, legal, accounting and rating fees, any premiums for the Bond Insurance Policy, the fees and expenses of the Paying Agent, Registrar and Transfer Agent, Escrow Agent and all costs of printing, mailing, publication and other similar costs incurred in connection with the offer, sale and issuance of the Bonds. 2.2 Packet Pg. 9 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -3- Costs of Issuance Account: the special fund created and referred to in Section 5A hereof, which shall be held and administered by the Paying Agent pursuant to the provisions of the Paying Agent Agreement. Council: the City Council of the City. Debt Service Requirements: for any period, the amount required to pay the principal of and interest on any designated Outstanding Securities during such period; provided that the determination of Debt Service Requirements of any Securities shall assume the redemption and payment of such Securities on any applicable mandatory redemption date. In any computation relating to the issuance of Additional Parity Bonds required by this Ordinance, there shall be excluded from the computation of Debt Service Requirements any proceeds on deposit in a bond fund for such Securities constituting capitalized interest. In determining the Debt Service Requirements for any issue of securities bearing interest at a variable, adjustable, convertible or other similar rate that is not fixed for the entire term thereof, it shall be assumed that any such Securities Outstanding at the time of the computation will bear interest during any period at the highest of (a) the actual rate on the date of calculation, or if the Securities are not yet outstanding, the initial rate (if established and binding), (b) if the Securities have been outstanding for at least twelve (12) months, the average rate over the twelve (12) months immediately preceding the date of calculation, and (c) (i) if interest on the Securities is excludable from gross income under the applicable provisions of the Tax Code, the average of the SIFMA Index during the preceding twelve (12) months plus one hundred (100) basis points, or (ii) if interest is not so excludable, the interest rate on direct Federal Securities with comparable maturities plus fifty (50) basis points. It shall further be assumed that any such Securities which may be tendered prior to maturity for purchase at the option of the Owner thereof will mature on their stated Maturity Dates or mandatory Redemption Dates. The Enterprise or the City shall be permitted to treat any fixed rate payable on an interest rate exchange agreement or “swap” contract as the interest rate on any such issue of Securities if the counterparty to such agreement or contract has unconditionally agreed to pay all interest due on such Securities. Enterprise: the City of Fort Collins, Colorado, Wastewater Utility Enterprise. Enterprise Ordinances: City Ordinance No. 62, 1993, establishing the Enterprise and City Ordinance No. 62, 1995, authorizing the Enterprise to have and exercise certain powers in furtherance of its purposes, City Ordinance No. 111, 1996, making certain amendments, and City Ordinance No. 039, 2010, making certain amendments. Escrow Account: the escrow account referred to in Section 5B hereunder and maintained by the Escrow Bank pursuant to the Escrow Agreement. Escrow Agreement: the Escrow Agreement executed in connection with the issuance of the Bonds, between the Enterprise and the Escrow Bank. Escrow Bank: U.S. Bank National Association, or its successors and assigns, acting as Escrow Bank under the Escrow Agreement. 2.2 Packet Pg. 10 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -4- Event of Default: any one of the events described in Section 10A hereof. Federal Securities: bills, certificates, notes, bonds or similar securities that are direct obligations of, or the principal and interest of which obligations are unconditionally guaranteed by, the United States of America and which are not callable prior to their scheduled maturities by the issuer thereof. Fiscal Year: the twelve (12) months commencing on the first day of January of any calendar year and ending on the last day of December of such calendar year or such other twelve-month period as may from time to time be designated by the Council as the fiscal year of the City. Income: all income from rates, fees, tolls, and charges and tap fees and plant investment fees, or any combination thereof, for the services furnished by, or the direct or indirect connection with, or the use of the Wastewater Facilities, including, without limiting the generality of the foregoing, minimum charges, charges for the availability of service, disconnection fees, reconnection fees, and reasonable penalties for any delinquencies, all supplemental user fees payable pursuant to any contract between the City and any user of any Wastewater Facilities, and all income or other gain, if any, from any investment of Net Pledged Revenues and of the proceeds of securities payable from Net Pledged Revenues (except income or other gain from any investment of moneys held in any refunding escrow or other similar fund or account for the defeasance and/or payment of securities payable from the Net Pledged Revenues) to the extent not required to be rebated to the federal government, but not including sewer trunk line assessments and sewer main line assessments. Independent Accountant: any certified public accountant, or any firm of such accountants, duly licensed to practice and practicing as such under the laws of the State, appointed and paid by the Enterprise or the City, who or which (a) is, in fact, independent and not under the domination of the Enterprise or the City, (b) does not have any substantial interest, direct or indirect, in any of the affairs of the Enterprise or the City and (c) is not connected with the Enterprise or the City as a member, officer or employee, but who or which may be regularly retained to make annual or similar audits of any books or records of the City. Interest Payment Date: a date designated for the payment of interest on the Bonds or any other designated securities. Maturity Date: a date designated for the payment of principal on the Bonds or any other designated Securities. Maximum Annual Debt Service Requirements: the maximum aggregate amount of Debt Service Requirements (excluding redemption premiums) due on the Securities for which such computation is being made in any Bond Year beginning with the Bond Year in which Debt Service Requirements of such Securities are first payable after the computation date and ending with the Bond Year in which the last of the Debt Service Requirements are payable. Net Pledged Revenues: all Income remaining after the deduction of Operation and Maintenance Expenses. 2.2 Packet Pg. 11 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -5- Notice of Public Sale: the Notice of Public Sale to be prepared and distributed by the Enterprise in connection with the sale of the Bonds. Official Statement: the Official Statement relating to the Bonds. Operation and Maintenance Expenses: such reasonable and necessary current expenses of the City, paid or accrued, of operating, maintaining and repairing the Wastewater Facilities as may be determined by the Council, including, except as limited by contract or otherwise limited by law, without limiting the generality of the foregoing: Engineering, auditing, legal and other overhead expenses directly related and reasonably allocable to the administration, operation and maintenance of the Wastewater Facilities; Insurance and surety bond premiums appertaining to the Wastewater Facilities; The reasonable charges of any paying agent, registrar, transfer agent, depository or escrow bank appertaining to the Wastewater Facilities or any bonds or other securities issued therefor; Annual payments to pension, retirement, health and hospitalization funds appertaining to the Wastewater Facilities; Any taxes, assessments, franchise fees or other charges or payments in lieu of the foregoing; Ordinary and current rentals of equipment or other property; Contractual services, professional services, salaries, administrative expenses, and costs of labor appertaining to the Wastewater Facilities and the cost of materials and supplies used for current operation of the Wastewater Facilities; The costs incurred in the billing and collection of all or any part of the Net Pledged Revenues; and Any costs of utility services furnished to the Wastewater Facilities by the City or otherwise. “Operation and Maintenance Expenses” does not include: (a) Any allowance for depreciation; (b) Any costs of reconstruction, improvement, extensions, or betterments; (c) Any accumulation of reserves for capital replacements; (d) Any reserves for operation, maintenance, or repair of the 2.2 Packet Pg. 12 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -6- Wastewater Facilities; (e) Any allowance for the redemption of any bonds or other Securities payable from the Net Pledged Revenues or the payment of any interest thereon; (f) Any liabilities incurred in the acquisition of any properties comprising the Wastewater Facilities; and (g) Any other ground of legal liability not based on contract. Operation and Maintenance Fund: the special fund created by and designated as such in City Ordinance No. 101, 1982, and referred to in Section 5D hereof. Ordinance: this Ordinance of the Enterprise. Outstanding: as of any particular date, all the Bonds, Additional Parity Bonds, Parity Securities or any such other Securities payable in whole or in part from the Net Pledged Revenues that have been authorized, executed and delivered, except the following: Any Bond, Additional Parity Bond, Parity Security or other Security canceled or paid by or on behalf of the Enterprise or the City on or before such date, or surrendered to the Enterprise, the City, the Registrar of the Paying Agent for cancellation on or before such date; Any Bond, Additional Parity Bond, Parity Security or other such Security held by or on behalf of the Enterprise or the City; Any Bond, Additional Parity Bond, Parity Security or other such Security for the payment or the redemption of which moneys or Federal Securities sufficient (including the known minimum yield available for such purpose from Federal Securities in which such amount wholly or in part may be initially invested) to pay all of the Debt Service Requirements of such Bond, Additional Parity Bond, Parity Security or other such Security to the Maturity Date or Redemption Date thereof shall have theretofore been deposited in escrow or in trust with a Trust Bank for that purpose; and Any lost, destroyed, or wrongfully taken Bond, Additional Parity Bond, Parity Security or other Security in lieu of or in substitution for which another bond or other Security shall have been executed and delivered. Outstanding Parity Bonds: collectively, the following bonds that are Outstanding as of any particular date: the Series 2009A Bonds (that do not constitute Refunded Bonds), and the Series 2010A Bonds. Owner: the holder of any bearer instrument or registered owner of any registered instrument. 2.2 Packet Pg. 13 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -7- Parity Securities: bonds, warrants, notes, securities, leases, contracts or other financial obligations issued or executed by the Enterprise or the City and payable in whole or in part from the Net Pledged Revenues equally or on a parity with the Bonds, including without limitation, the Outstanding Parity Bonds. Participants: underwriters, securities, brokers or dealers, banks, trust companies, closing corporations or other Persons for which or whom the Securities Depository holds the Bonds. Paying Agent: initially shall mean U.S. Bank National Association, Denver, Colorado, or its successors, acting as paying agent for the Bonds, and any successor thereto appointed pursuant to the provisions of this Ordinance. Paying Agent Agreement: the Registrar, Transfer Agent and Paying Agent Agreement, between the Enterprise and the Paying Agent. Permitted Investments: any obligations permitted by the Charter and the ordinances of the City and, to the extent applicable, the laws of the State. Person: any individual, firm, partnership, corporation, company, association, joint stock association or body politic or any trustee, receiver, assignee or similar representative thereof. Preliminary Official Statement: the Preliminary Official Statement relating to the Bonds. President: the President of the Enterprise. Principal and Interest Fund: the special fund created by City Ordinance No. 75, 1992 and referred to in Section 5E hereof. Purchaser: the purchaser of the Bonds as set forth in the Sale Certificate. Rebate Fund: the special fund created and referred to in Section 5J hereof. Redemption Date: the date designated for optional or mandatory sinking fund redemption prior to maturity of any Bonds or other designated Securities. Refunded Bond Requirements: the payment of (i) the interest due on the Refunded Bonds, both accrued and not accrued, as the same becomes due on and after the date of delivery of the Bonds and on and before their respective Maturity Dates or Redemption Dates, as the case may be; and (ii) the principal of the Refunded Bonds upon their respective Maturity Dates or upon prior redemption on the Redemption Date, or such other meaning as set forth in the Escrow Agreement. Refunded Bonds: that portion of the Series 2009A Bonds which the Enterprise has determined to call for prior redemption as set forth in the Sale Certificate. 2.2 Packet Pg. 14 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -8- Refunding Act: Article 56 of Title 11, Colorado Revised Statutes. Refunding Project: the payment of the Refunded Bond Requirements and the payment of the Costs of Issuance. Registrar: initially shall mean U.S. Bank National Association, Denver, Colorado, or its successors, acting as registrar for the Bonds, and any successor thereto appointed pursuant to the provisions of this Ordinance. Regular Record Date: the fifteenth day of the calendar month next preceding an Interest Payment Date for the Bonds. Sale Certificate: a certificate or certificates, executed by either the President or the Treasurer, dated on or before the date of delivery of the Bonds, setting forth the determinations that may be delegated to such officials pursuant to Section 11-57-205(1) of the Supplemental Act. SEC: the Securities and Exchange Commission. Secretary: means the Secretary of the Enterprise. Securities Depository: any securities depository as the Enterprise may provide and appoint, in accordance with the guidelines of the Securities and Exchange Commission, which shall act as securities depository for the Bonds. Initially, the Securities Depository for the Bonds shall be The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York. Security or Securities: bonds, notes, certificates, warrants, leases, contracts or other financial obligations or securities issued or executed by the Enterprise or the City and payable in whole or in part from a lien on the Net Pledged Revenues. Series 2009A Bonds: the City of Fort Collins, Colorado, Wastewater Utility Enterprise, Sewer Revenue Bonds, Series 2009A. Series 2010A Bonds: the City of Fort Collins, Colorado, Wastewater Utility Enterprise, Sewer Revenue Refunding Bonds, Series 2010A. Sewer Fund: the special fund created by and designated as such in City Ordinance No. 67, 1974, and referred to in Section 5C hereof. SIFMA Index: the Securities Industry and Financial Markets Association Municipal Swap Index, produced by Municipal Market Data, or if such index is not published, then such other index selected by the Treasurer which reflects the yield of tax-exempt seven-day variable rate demand bonds. Special Record Date: the date fixed by the Paying Agent for the determination of ownership of Bonds for the purpose of paying interest not paid when due or interest accruing after maturity. 2.2 Packet Pg. 15 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -9- State: the State of Colorado. Subordinate Bonds or Subordinate Securities: bonds or Securities payable from the Net Pledged Revenues having a lien thereon subordinate or junior to the lien thereon of the Bonds. Superior Bonds or Superior Securities: bonds or Securities payable from the Net Pledged Revenues having a lien thereon superior or senior to the lien thereon of the Bonds. Supplemental Act: Part 2 of Article 57 of Title 11, Colorado Revised Statutes, as amended. Tax Certificate: the Tax Compliance Certificate delivered by the Enterprise at the time of the issuance and delivery of the Bonds, as the same may be amended or supplemented in accordance with its terms. Tax Code: the Internal Revenue Code of 1986, as amended to the date of delivery of the Bonds, and the regulations promulgated thereunder. Transfer Agent: initially shall mean U.S. Bank National Association, Denver, Colorado, or its successors, acting as transfer agent for the Bonds, and any successor thereto appointed pursuant to the provisions of this Ordinance. Treasurer: the Treasurer of the Enterprise. Trust Bank: a Commercial Bank which is authorized to exercise and is exercising trust powers. Wastewater Facilities: any one or more of the various devices used in the collection, treatment, or disposition of sewage and industrial wastes of a liquid nature, including, without limitation, all inlets; collection, drainage, or disposal lines; intercepting sewers; sewage disposal plants; outfall sewers; all pumping, power, and other equipment and appurtenances; all extensions, improvements, remodeling, additions and alterations thereof; any and all rights or interests for such Wastewater Facilities; and all other necessary, incidental, or appurtenant properties, equipment, and facilities relating to the foregoing. The Ordinances authorizing the issuance of the Series 2009A Bonds and the Series 2010A Bonds refer to the Wastewater Facilities as the “Sewerage Facilities.” Construction. This Ordinance, except where the context by clear implication herein otherwise requires, shall be construed as follows: Words in the singular include the plural, and words in the plural include the singular. Words in the masculine gender include the feminine and the neuter, and, when the context so indicates, words of the neuter gender refer to any gender. 2.2 Packet Pg. 16 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -10- Articles, sections, subsections, paragraphs and subparagraphs mentioned by number, letter or otherwise, correspond to the respective articles, sections, subsections, paragraphs and subparagraphs of this Ordinance so numbered or otherwise so designated. The titles and headlines applied to articles, sections and subsections of this Ordinance are inserted only as a matter of convenience and ease in reference and in no way define or limit the scope or intent of any provisions of this Ordinance. Any inconsistency between the provisions of this Ordinance and any applicable State statutes, including without limitation, the Refunding Act is intended by the Board. To the extent of any such inconsistency the provisions of this Ordinance shall be deemed made pursuant to the Charter and shall supersede to the extent permitted by law the conflicting provisions of the said statutes. Recitals. Series 2009A Bonds. The Enterprise has previously issued the Series 2009A Bonds. The Series 2009A Bonds are currently Outstanding in the aggregate principal amount of $24,405,000, mature on December 1 in the following years in the following aggregate principal amounts and bear interest at the following per annum interest rates: Years Principal Amounts Interest Rates 2016 $1,385,000 2.750% 2017 1,440,000 4.000 2018 1,500,000 3.000 2019 1,570,000 4.000 2020 1,650,000 4.000 2021 1,735,000 4.250 2022 1,830,000 4.000 2023 1,930,000 4.250 2024 2,035,000 4.000 2025 2,145,000 4.375 2026 2,265,000 5.000 2027 2,390,000 5.000 2028 2,530,000 4.500 The Series 2009A Bonds maturing in the years prior to 2018 are not subject to optional redemption prior to their respective maturity dates. The Series 2009A Bonds maturing in the year 2019 and thereafter are subject to optional redemption prior to their respective maturity dates, in whole or in part in such order as may be determined by the Enterprise, on December 1, 2018, and on any date thereafter, at a price equal to the principal amount of each Series 2009A Bond so redeemed plus accrued interest thereon to the redemption date without a redemption premium. The Enterprise desires to refund, pay and discharge all or a portion of the outstanding Series 2009A Bonds, as set forth in the Sale Certificate (the “Refunded Bonds”) in 2.2 Packet Pg. 17 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -11- order to reduce the net effective interest rate and to reduce the total interest payable on the Refunded Bonds. Authority. Pursuant to art. XX, sec. 6 of the State Constitution, Article V, Sections 19.3 and 19.4 of the Charter, the Enterprise Ordinances, the Refunding Act, and the Supplemental Act, the Enterprise is authorized by Board action to issue the Bonds for the purpose of effecting the Refunding Project. Pursuant to art. X, sec. 20 of the State Constitution, the Enterprise may issue the Bonds without voter approval in advance. The Bonds. Ratification of Actions; Approval of Refunding Project. All actions, proceedings, matters and things heretofore taken, had and done by the Enterprise and the officers thereof (not inconsistent with the provisions of this Ordinance) directed toward effecting the Refunding Project and issuing the Bonds are ratified, approved and confirmed. The Board hereby approves the Refunding Project. The Enterprise has reviewed all proceedings heretofore taken relative to the authorization of the Bonds and hereby finds and determines that all acts, conditions and things required by law to exist, to have happened and to have been performed precedent to and in the issuance of the Bonds do exist, have happened and have been performed in due time, form and manner as required by law, and that the Enterprise is now duly authorized, pursuant to each and every requirement of law, to issue the Bonds in the form and manner provided herein and that the Bonds shall be entitled to the benefit, protection and security of the provisions hereof. Supplemental Act and Refunding Act. Section 11-57-204 of the Supplemental Act provides that a public entity, including the Enterprise, may elect in an act of issuance to apply all or any of the provisions of the Supplemental Act to such issuance. The Board hereby elects to apply all of the Supplemental Act to the Bonds. The Bonds are issued under the authority of the Supplemental Act and shall so recite. The Bonds are also issued under the authority of the Refunding Act and shall so recite. Delegation. Pursuant to Section 11-57-205 of the Supplemental Act, the Board hereby delegates to each of the President or the Treasurer the authority to independently sign a contract for the purchase of the Bonds or to accept a binding bid for the Bonds and to execute any agreement in connection therewith, and the Board hereby further delegates to each of the President or the Treasurer the authority to independently make any determination delegable pursuant to Section 11-57-205(1)(a-i) of the Supplemental Act, in relation to the Bonds, and to execute a Sale Certificate setting forth such determinations, subject to the parameters and restrictions contained in Section 3D hereof. At the time the President or the Treasurer, as the case may be, signs a contract or accepts a binding bid for the Bonds, the President or the Treasure shall also execute the Sale Certificate. If it is determined in the Sale Certificate that the Bonds will be secured by an assurance of payment with a third party, the President or the Treasurer shall each have the independent authority to determine the terms of any agreement with the third party providing such assurance of payment, and the appropriate officers and employees of the Enterprise shall have the authority to execute and deliver any such agreement with such third party. If it is determined in the Sale Certificate that no Bond Insurance Policy will be obtained, all references herein to the Bond Insurer and the Bond Insurance Policy shall be of no force and effect. The delegation set forth in this Section 3C shall be effective for one year 2.2 Packet Pg. 18 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -12- after adoption of this Ordinance. Authorization; Parameters. For the purpose of effecting the Refunding Project, the Enterprise hereby authorizes the issuance of its revenue bonds designated as the “City of Fort Collins, Colorado, Wastewater Utility Enterprise, Wastewater Revenue Refunding Bonds, Series 2016A” in the principal amount to be set forth in the Sale Certificate. The Bonds shall be dated as of the date of their delivery to the Purchaser and shall be in the form of fully registered Bonds. The Bonds shall mature, bear interest from their dated date to maturity or prior redemption, be subject to redemption prior to maturity, and be sold to the Purchaser, all as provided in the Sale Certificate; provided that: the aggregate principal amount of the Bonds shall not exceed $20,080,000; the net effective interest rate on the Bonds shall not exceed 3.25%; the present value savings of the Refunding Project shall not be less than 5.00%; the Bonds shall mature no later than December 1, 2028; and the purchase price of the Bonds shall not be less than 100%. Bond Details. Generally. The Bonds shall be issuable in fully registered form and shall initially be registered in the name of the Securities Depository or a nominee therefor. Purchases by Beneficial Owners shall be made in book-entry form in the principal amount of $5,000 or any integral multiple thereof. The Beneficial Owners shall not receive certificates evidencing their interests in the Bonds. No Bond shall be issued in any denomination larger than the aggregate principal amount maturing on the Maturity Date of such Bond, no Bond shall be made payable on more than one Maturity Date and no individual Bond will be issued for more than one maturity bearing interest at the same interest rate. Pursuant to the recommendations of the Committee on Uniform Security Identification Procedures, CUSIP numbers may be printed on the Bonds. The Bonds shall mature in the years and in the amounts set forth in the Sale Certificate and shall bear interest from the date of their delivery to the Purchaser, or the Interest Payment Dates to which interest has been paid next preceding their respective dates, whichever is later, to their respective Maturity Dates, except if redeemed prior thereto, at the per annum interest rates set forth in the Sale Certificate, computed on the basis of a 360-day year consisting of twelve (12) months of thirty (30) days each. Said interest shall be payable on the date set forth in the Sale Certificate, and semiannually thereafter on the first day of December and the first day of June of each year. If upon presentation at maturity the principal of any Bond is not paid as provided therein, interest shall continue thereon at the same interest rate until the principal thereof is paid in full. 2.2 Packet Pg. 19 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -13- The Debt Service Requirements of the Bonds shall be payable in lawful money of the United States of America, to the Owners of the Bonds by the Paying Agent. The final principal payment of and the final installment of interest on the Bonds shall be payable to the Owner of each Bond upon presentation and surrender thereof at maturity or upon prior redemption, by check or draft mailed to such Owner at the address appearing on the registration books of the Enterprise maintained by the Registrar or by wire transfer to such bank or other depository as the Owner shall designate in writing to the Paying Agent. Except as hereinbefore and hereinafter provided, all other payments of principal and interest on the Bonds shall be payable to the Owner of each Bond determined as of the close of business on the Regular Record Date, irrespective of any transfer of ownership of the Bond subsequent to the Regular Record Date and prior to such Interest Payment Date, by check or draft or wire transfer directed to such Owner as aforesaid. Any interest not paid when due and any interest accruing after maturity shall be payable to the Owner of each Bond entitled to receive such interest determined as of the close of business on the Special Record Date, irrespective of any transfer of ownership of the Bond subsequent to the Special Record Date and prior to the date fixed by the Paying Agent for the payment of such interest, by check or draft or wire transfer directed to such Owner as aforesaid. Notice of the Special Record Date and of the date fixed for the payment of such interest shall be given by sending a copy thereof by certified or registered first-class, postage prepaid mail, at least fifteen (15) days prior to the Special Record Date, to the Owner of each Bond upon which interest will be paid determined as of the close of business on the day preceding such mailing at the address appearing on the registration books of the Enterprise. Any premium shall be payable to the Owner of each Bond redeemed upon presentation and surrender thereof upon prior redemption, by check or draft or wire transfer directed to such Owner as aforesaid. If the date for making or giving any payment, determination or notice described herein is not a Business Day, such payment, determination or notice shall be made or given on the next succeeding Business Day. So long as the Owner of any Bond is the Securities Depository or a nominee therefor, the Securities Depository shall disburse any payments received, through its Participants or otherwise, to the Beneficial Owners. Neither the Enterprise nor the Paying Agent shall have any responsibility or obligation for the payment to any Participant, any Beneficial Owner or any other Person (except an Owner of Bonds) of the Debt Service Requirements of the Bonds. Redemption. The Bonds shall be subject to optional or mandatory sinking fund redemption prior to their respective Maturity Dates as set forth in the Sale Certificate. Unless waived in writing by the Owner of a Bond to be redeemed, notice of redemption shall be given by the Registrar in the name of the Enterprise by mailing such notice at least thirty days and not more than sixty days prior to the redemption date, by first-class mail, postage prepaid, to the Owners of the Bonds to be redeemed at their addresses as shown on the registration records, or in the event that the Bonds to be redeemed are registered in the name of the Securities Depository, such notice may, in the alternative, be given by electronic means in accordance with the requirements of the Securities Depository at least thirty days and not more than sixty days prior to the redemption date. Notwithstanding the foregoing, the Registrar may provide notice of redemption by such alternative means as may be mutually agreed to between 2.2 Packet Pg. 20 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -14- the Owner of the Bonds and the Registrar. Failure to give such notice to the Owner of any Bond, or any defect therein, shall not affect the validity of the proceedings for the redemption of any Bonds. All such notices of redemption shall be dated and shall state: (i) the redemption date, (ii) the redemption price, (iii) if less than all outstanding Bonds are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed, (iv) that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, and (v) if applicable, the place where such Bonds are to be surrendered for payment of the redemption price. Except as provided below, after such notice has been given in the manner provided herein, the Bond or Bonds called for redemption shall become due and payable on the designated redemption date, and upon presentation thereof the Enterprise shall pay the Bond or Bonds called for redemption. Installments of interest due on the redemption date shall be payable as provided in this Ordinance for the payment of interest. A certificate by the Registrar that a notice of redemption has been given as herein set forth shall be conclusive and receipt by the Owner of a notice of redemption shall not be a condition precedent to the redemption of that Bond. Notwithstanding the provisions of this Section, any notice of redemption shall either (a) contain a statement that the redemption is conditioned upon the receipt by the Paying Agent on or before the redemption date of funds sufficient to pay the redemption price of the Bonds so called for redemption, and that if such funds are not available, such redemption shall be cancelled by written notice to the Owners of the Bonds called for redemption in the same manner as the original redemption notice was given, or (b) be given only if funds sufficient to pay the redemption price of the Bonds so called for redemption are on deposit with the Paying Agent in the applicable fund or account. All Bonds surrendered for redemption pursuant to the provisions of this Section shall be canceled and destroyed by the Paying Agent and shall not be reissued. Interest Rates. The Bonds shall bear interest at the rate or rates set forth in the Sale Certificate. Execution and Authentication. The Bonds shall be executed by and on behalf of the Enterprise with the facsimile or manual signature of the President of the Enterprise, shall bear a facsimile or manual impression of the seal of the Enterprise, shall be attested with the facsimile or manual signature of the Secretary of the Enterprise, shall be countersigned with the facsimile or manual signature of the Treasurer of the Enterprise, and shall be authenticated with the manual signature of the Registrar. Should any officer whose facsimile or manual signature appears on the Bonds cease to be such officer before delivery of the Bonds to the Purchaser, such facsimile or manual signature shall nevertheless be valid and sufficient for all purposes. No Bond shall be valid or become obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless and until the certificate of authentication on such Bond shall have been duly executed by the Registrar, and such executed certificate upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordinance. Registration, Transfer and Exchange. Upon their execution and 2.2 Packet Pg. 21 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -15- authentication and prior to their delivery, the Bonds shall be registered for the purpose of payment of principal and interest by the Registrar. Initially, each Bond shall be registered in the name of the Securities Depository or a nominee therefor. Except as hereinafter provided, all of the Bonds shall continue to be registered in the name of the Securities Depository or a nominee therefor. Neither the Enterprise nor the Registrar shall have any responsibility or obligation with respect to the accuracy of the records of the Securities Depository or a nominee therefor or any Participant regarding any ownership interest in the Bonds or the delivery to any Participant, Beneficial Owner or any other Person (except an Owner of Bonds) of any notice with respect to the Bonds. The Bonds shall be transferable only upon the registration books of the Enterprise by the Transfer Agent at the request of the Owner thereof or his, her or its duly authorized attorney-in-fact or legal representative. A Bond may be transferred upon surrender thereof together with a written instrument of transfer duly executed by the Owner or his, her or its duly authorized attorney-in-fact or legal representative with guaranty of signature satisfactory to the Transfer Agent, containing written instructions as to the details of the transfer, along with the social security number or federal employer identification number of the transferee and, if the transferee is a trust, the names and social security numbers of the settlors and the beneficiaries of the trust. The Transfer Agent shall not be required to transfer ownership of any Bond during the fifteen (15) days prior to the first mailing of any notice of redemption or to transfer ownership of any Bond selected for redemption on or after the date of such mailing. The Owner of any Bond or Bonds may also exchange such Bond or Bonds for another Bond or Bonds of authorized denominations. Transfers and exchanges shall be made without charge, except that the Transfer Agent may require payment of a sum sufficient to defray any tax or other governmental charge that may hereafter be imposed in connection with any transfer or exchange of Bonds. No transfer of any Bond shall be effective until entered on the registration books of the Enterprise. In the case of every transfer or exchange, the Registrar shall authenticate and the Transfer Agent shall deliver to the new Owner a new Bond or Bonds of the same aggregate principal amount, maturing in the same year and bearing interest at the same per annum rate as the Bond or Bonds surrendered. Such Bond or Bonds shall be dated as of their date of authentication. New Bonds delivered upon any transfer or exchange shall be valid obligations of the Enterprise, evidencing the same obligations as the Bonds surrendered, shall be secured by this Ordinance, and shall be entitled to all of the security and benefits hereof to the same extent as the Bonds surrendered. The Enterprise may deem and treat the Person in whose name any Bond is last registered upon the books of the Enterprise as the absolute owner thereof for the purpose of receiving payment of the principal of and interest on such Bond and for all other purposes, and all such payments so made to such Person or upon his, her or its order shall be valid and effective to satisfy and discharge the liability of the Enterprise upon such Bond to the extent of the sum or sums so paid, and the Enterprise shall not be affected by any notice to the contrary. Neither the Enterprise nor the Transfer Agent shall have any responsibility or obligation with respect to the accuracy of the records the Securities Depository or its Participants regarding any ownership interest in the Bonds or transfers thereof. Uniform Commercial Code. The Owner or Owners of the Bonds shall 2.2 Packet Pg. 22 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -16- possess all rights enjoyed by the owners of investment securities under the provisions of the Uniform Commercial Code - Investment Securities. Resignation or Removal of Agents. If the Paying Agent, Registrar or Transfer Agent shall resign as such, or if the Enterprise shall reasonably determine that the Paying Agent, Registrar or Transfer Agent has failed to fulfill or has become incapable of fulfilling his, her or its duties hereunder, the Enterprise may, upon notice mailed to each Owner of Bonds at the addresses last shown on the registration books of the Enterprise, accept the resignation of the Paying Agent, Registrar or Transfer Agent and appoint a successor paying agent, registrar or transfer agent. Every such successor paying agent, registrar or transfer agent shall be a Trust Bank. It shall not be required that the same institution serve as paying agent, registrar and transfer agent hereunder, but the Enterprise shall have the right to have the same institution serve as paying agent, registrar and transfer agent hereunder. Any such resignation or removal shall become effective only on the appointment of a successor and acceptance by the successor of its duties hereunder. Resignation or Removal of Securities Depository. The Enterprise may remove the Securities Depository and the Securities Depository may resign by giving sixty (60) days' written notice to the other of such removal or resignation. Additionally, the Securities Depository shall be removed sixty (60) days after receipt by the Enterprise of written notice from the Securities Depository to the effect that the Securities Depository has received written notice from Participants having interests, as shown in the records of the Securities Depository, in an aggregate principal amount of not less than fifty percent (50%) of the aggregate principal amount of the then Outstanding Bonds to the effect that the Securities Depository is unable or unwilling to discharge its responsibilities or a continuation of the requirement that all of the Outstanding Bonds be registered in the name of the Securities Depository or a nominee therefor is not in the best interests of the Beneficial Owners. Upon the removal or resignation of the Securities Depository, the Securities Depository shall take such action as may be necessary to assure the orderly transfer of the computerized book-entry system with respect to the Bonds to a successor securities depository or, if no successor securities depository is appointed as herein provided, the transfer of the Bonds in certificate form to the Beneficial Owners or their designees. Upon the giving of notice by the Enterprise of the removal of the Securities Depository, the giving of notice by the Securities Depository of its resignation or the receipt by the Enterprise of notice with respect to the written notice of Participants referred to herein, the Enterprise may, within sixty (60) days after the giving of such notice, appoint a successor securities depository upon such terms and conditions as the Enterprise shall impose. Any such successor securities depository shall at all times be a registered clearing agency under the Securities and Exchange Act of 1934, as amended, or other applicable statute or regulation, and in good standing thereunder. If the Enterprise fails to appoint a successor securities depository within such time period, the Bonds shall no longer be restricted to being registered in the name of the Securities Depository or a nominee therefor, but may be registered in whatever name or names Owners transferring or exchanging Bonds shall designate. Replacement of Bonds. If any Bond shall have been lost, destroyed or wrongfully taken, the Enterprise shall provide for the replacement thereof in the manner set forth and upon receipt of the evidence, indemnity bond and reimbursement for expenses provided in Sec. 8-41 of the Code. 2.2 Packet Pg. 23 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -17- Limited Obligations; Recitals in Bonds. Each Bond shall recite in substance that the Bond is a special and limited obligation of the Enterprise payable solely out of and secured by an irrevocable (but not necessarily exclusive) lien on the Net Pledged Revenues which is on a parity with the pledge and lien thereon of the Outstanding Parity Bonds, that the Bond does not constitute a debt or an indebtedness of the City within the meaning of any constitutional, charter or statutory provision or limitation, that the Bond is not payable in whole or in part from the proceeds of general property taxes or any other funds of the City except the Net Pledged Revenues, and that the full faith and credit of the City is not pledged for the payment of the principal of or interest on the Bond. Each Bond shall further recite that it is issued under the authority of the State Constitution, the Charter, the Enterprise Ordinances, the Refunding Act, the Supplemental Act and this Ordinance. Pursuant to the Supplemental Act, such recital shall be conclusive evidence of the validity and regularity of the issuance of the Bonds after their delivery for value. Section 11-56-107 of the Refunding Act provides that such recital conclusively imparts full compliance with all of the provisions and limitations of the Refunding Act, and all refunding bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value. Form of Bonds. The Bonds shall be in substantially the following form, with such omissions, insertions, endorsements and variations as may be required by the circumstances, be required or permitted by this Ordinance or the Sale Certificate or necessary or appropriate to conform to the rules and requirements of any governmental authority or any usage or requirement of law with respect thereto: 2.2 Packet Pg. 24 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -18- [Form of Bond] Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to the Enterprise or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF LARIMER CITY OF FORT COLLINS WASTEWATER UTILITY ENTERPRISE WASTEWATER REVENUE REFUNDING BOND SERIES 2016A No. R- $ Interest Rate Maturity Date Original Date CUSIP Number ____% December 1, _____ _______ __, 2016 ______________ REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: Thousand Dollars The City of Fort Collins, Colorado, Wastewater Utility Enterprise (the “Enterprise”), for value received, hereby promises to pay to the Registered Owner (specified above), or registered assigns, solely from the special funds provided therefor, as hereinafter set forth, the Principal Sum (specified above), in lawful money of the United States of America, on the Maturity Date (specified above), with interest thereon from the Original Date (specified above), or the interest payment date to which interest has been paid next preceding the date hereof, whichever is later, to the Maturity Date, except if redeemed prior thereto, at the per annum Interest Rate (specified above), computed on the basis of a 360-day year consisting of twelve (12) months of thirty (30) days each, payable semiannually on the first day of June and the first day of December of each year, commencing on December 1, 2016, or the first such date after the date hereof, whichever is later, in the manner provided herein. If upon presentation at maturity payment of the Principal Sum is not made as provided herein, interest continues at the Interest Rate until the Principal Sum is paid in full. 2.2 Packet Pg. 25 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -19- This Bond is one of an authorized series of Bonds issued pursuant to an Ordinance of the Board of the Enterprise adopted on July 19, 2016 (the “Ordinance”) and a Sale Certificate (the “Sale Certificate”) executed by either the President or the Treasurer of the Enterprise prior to the delivery of the Bonds. This Bond bears interest, matures, is payable, is subject to redemption and is transferable as provided in the Bond Ordinance and the Sale Certificate. To the extent not defined herein, terms used herein are used as defined in the Ordinance. This Bond is authorized and issued for the purpose of refunding, paying and discharging certain outstanding sewer revenue bonds of the Enterprise pursuant to of and in full conformity with the Constitution of the State of Colorado, the City Charter, the ordinances of the City establishing the Enterprise and authorizing it to have and exercise certain powers in furtherance of its purposes, Article 56 of Title 11, Colorado Revised Statutes (the “Refunding Act”), Part 2 of Article 57 of Title 11, Colorado Revised Statutes (the “Supplemental Act”), and all other laws of the State of Colorado thereunto enabling and pursuant to the Ordinance duly adopted prior to the issuance of this Bond. Pursuant to Section 11-56-107 of the Refunding Act, this recital that the Bonds are issued under the authority of the Refunding Act conclusively imparts full compliance with all of the provisions and limitations of the Refunding Act, and all refunding bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value. Further, pursuant to the Supplemental Act, the foregoing recital that the Bonds are issued pursuant to the Supplemental Act shall be conclusive evidence of the validity and regularity of the issuance of the Bonds after their delivery for value. [Insert Redemption Provisions set forth in the Sale Certificate.] This Bond is a special and limited obligation of the Enterprise payable solely out of and secured by an irrevocable (but not necessarily exclusive) pledge of certain revenues derived from the operation and use of and otherwise pertaining to the wastewater facilities of the City after provision is made only for the payment of all necessary and reasonable current expenses of operating, maintaining and repairing the wastewater facilities of the City (the “Net Pledged Revenues”), which lien and pledge of the Net Pledged Revenues is in all respects on a parity with the pledge and lien thereon of the Outstanding Parity Bonds (as defined in the Ordinance), as more specifically provided in the Ordinance. This Bond does not constitute a debt or an indebtedness of the City within the meaning of any constitutional, charter or statutory provision or limitation. This Bond is not payable in whole or in part from the proceeds of general property taxes or any other funds of the City except the Net Pledged Revenues, and the full faith and credit of the City is not pledged for the payment of the principal of or interest on this Bond. It is hereby recited, certified and warranted that for the payment of the principal of, interest on and any premium due in connection with the redemption of this Bond, the City has created and will maintain special funds described in the Ordinance and will deposit the Net Pledged Revenues therein, and out of said special funds, as an irrevocable charge thereon, the Enterprise will pay the principal of, interest on and any premium due in connection with the redemption of this Bond in the manner provided by the Ordinance and the Sale Certificate. Bonds and other types of securities, in addition to the Bonds, subject to expressed 2.2 Packet Pg. 26 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -20- conditions, may be issued and made payable from the Net Pledged Revenues having a lien thereon subordinate and junior to the lien of the Bonds or, subject to additional expressed conditions, having a lien thereon on a parity with the lien of the Bonds in accordance with the provisions of the Ordinance. The Enterprise covenants and agrees with the Registered Owner that the Enterprise and the City will keep and will perform all of the covenants of this Bond and of the Ordinance. Reference is hereby made to the Ordinance and the Sale Certificate, and to any and all modifications and amendments thereof, for a description of the provisions, terms and conditions upon which the Bonds of this issue are issued and secured, including, without limitation, the nature and extent of the security for the Bonds, provisions with respect to the custody and application of the proceeds of the Bonds, the collection and disposition of the revenues and moneys charged with and pledged to the payment of the principal of, interest on and any premium due in connection with the redemption of the Bonds, the terms and conditions on which the Bonds are issued, a description of the special funds referred to above and the nature and extent of the security and pledge afforded thereby for the payment of the principal of, interest on and any premium due in connection with the redemption of the Bonds, and the manner of enforcement of said pledge, as well as the rights, duties, immunities and obligations of the Enterprise and the City and the members of their governing bodies and also the rights and remedies of the registered owners of the Bonds. To the extent and in the respects permitted by the Ordinance, the provisions of the Ordinance, or any instrument amendatory thereof or supplemental thereto, may be modified or amended by action of the Enterprise taken in the manner and subject to the conditions and exceptions provided in the Ordinance. The pledge of revenues and other obligations of the Enterprise under the Ordinance may be discharged at or prior to the maturity or prior redemption of the Bonds upon the making of provision for the payment of the Bonds on the terms and conditions set forth in the Ordinance. It is hereby recited, certified and warranted that all the requirements of law have been fully complied with by the proper officers of the Enterprise in the issuance of this Bond; that it is issued pursuant to and in strict conformity with the Constitution and all other laws of the State of Colorado, including the City Charter and City ordinances, and with the Ordinance; that this Bond does not contravene any constitutional or statutory provision or limitation of the State of Colorado, or any limitation of the City Charter; and that this Bond is issued under the authority of the Ordinance. IN WITNESS WHEREOF, the Enterprise has caused this Bond to be executed in its name and on its behalf with the facsimile or manual signature of the President of the Enterprise, to be sealed with the facsimile or manual impression of the seal of the Enterprise, to be signed and attested with the facsimile or manual signature of the Secretary of the Enterprise, and to be countersigned with the facsimile or manual signature of the Treasurer of the Enterprise. CITY OF FORT COLLINS, COLORADO, WASTEWATER UTILITY ENTERPRISE 2.2 Packet Pg. 27 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -21- (ENTERPRISE) By: (Facsimile or Manual Signature) ( SEAL ) President ATTEST: (Facsimile or Manual Signature) Secretary Countersigned: (Facsimile or Manual Signature) Treasurer 2.2 Packet Pg. 28 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -22- CERTIFICATE OF AUTHENTICATION This Bond is issued pursuant to the Ordinance herein described, and this Bond has been duly registered on the registration books kept by the undersigned as Registrar for such Bonds. U.S. BANK NATIONAL ASSOCIATION (Manual Signature) as registrar Dated: ___________________ 2.2 Packet Pg. 29 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -23- (Form of Prepayment Panel) The following installments of principal (or portions thereof) of this Bond have been prepaid in accordance with the terms of the Ordinance authorizing the issuance of this Bond. Date of Prepayment Principal Prepaid Signature of Registered Owner (End of Form of Prepayment Panel) 2.2 Packet Pg. 30 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -24- (Form of Assignment Provision) ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints to transfer the within Bond on the records kept for the registration thereof with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment must correspond with the name as it appears on the face of the within Bond in every particular, without alteration or enlargement or any change whatever. The signature must be guaranteed by an eligible guarantor institution as defined in 17 CFR § 240.17 ad-15(a)(2). Signature Guaranteed by a Member: of the Medallion Signature Program Address of Transferee: Social Security or other identification number of transferee: (End of Form of Assignment) [End of Form of Bond] 2.2 Packet Pg. 31 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -25- Bonds Equally Secured. The covenants and agreements herein set forth to be performed by the Enterprise or the City shall be for the equal benefit, protection and security of the Owners of the Bonds, the Outstanding Parity Bonds, any Additional Parity Bonds and any other Parity Securities then Outstanding, all of which, regardless of the time or times of their maturity, shall be of equal rank without preference, priority or distinction of any of the Bonds, the Outstanding Parity Bonds, any Additional Parity Bonds and any other Parity Securities then Outstanding over any other thereof, except as otherwise expressly provided in or pursuant to this Ordinance. Special Obligations. All of the Bonds, as to all Debt Service Requirements thereof, shall be payable solely out of the Net Pledged Revenues and from the funds and accounts pledged to the payment of the Bonds. The Owners of the Bonds may not look to the general fund or any other fund of the City for the payment of the Debt Service Requirements, except the special funds pledged therefor. The Bonds shall not constitute a debt or indebtedness of the City within the meaning of any constitutional, Charter or statutory provision or limitation, and the Bonds shall not be considered or held to be general obligations of the City but shall constitute special and limited obligations of the Enterprise. The Bonds are not payable in whole or in part from the proceeds of general property taxes or any other fund of the City except the Net Pledged Revenues, and the full faith and credit of the City is not pledged for payment of the Bonds. Pledge of Net Pledged Revenues, Funds and Accounts. The Net Pledged Revenues and all moneys and securities paid or to be paid to or held or to be held in any fund or account hereunder to pay the Debt Service Requirements on the Bonds (except for the Escrow Account and the Rebate Fund) are hereby pledged to secure the payment of the Debt Service Requirements of the Bonds, which pledge is subject to the application of the Net Pledged Revenues for the payment of Debt Service Requirements of Parity Securities, and which pledge of the Net Pledged Revenues is in all respects on a parity to the pledge and lien thereon of the Outstanding Parity Bonds. This pledge shall be valid and binding from and after the date of the first delivery of the Bonds, and the moneys, as received and hereby pledged, shall immediately be subject to the lien of this pledge without any physical delivery thereof, any filing, or further act. The creation, perfection, enforcement, and priority of the pledge of revenues to secure or pay the Bonds as provided herein shall be governed by § 11-57-208 of the Supplemental Act and this Ordinance. The lien of such pledge on the revenues pledged for payment of the Bonds and the obligation to perform the contractual provisions made herein shall have priority over any or all other obligations and liabilities of the Enterprise or the City (except as herein otherwise expressly provided), and the lien of such pledge shall be valid, binding, and enforceable as against all persons or entities having claims of any kind in tort, contract, or otherwise against the City or the Enterprise irrespective of whether such persons or entities have notice of such liens. Sale of Bonds. Preliminary Official Statement; Official Statement. The Board hereby approves the Preliminary Official Statement in substantially the form submitted to the Board, provided that such Preliminary Official Statement may be completed, corrected or revised as deemed necessary by the attorney for the Enterprise or its bond counsel in order to carry out the purposes of this Ordinance. The Treasurer is hereby authorized and directed to cause to be distributed the 2.2 Packet Pg. 32 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -26- Preliminary Official Statement in the sale and marketing of the Bonds. The Treasurer is hereby authorized and directed to prepare or cause to be prepared, and the President is authorized and directed to approve, on behalf of the Enterprise, a final Official Statement for use in connection with the offering and sale of the Bonds. The execution of a final Official Statement by the President shall be conclusively deemed to evidence the approval of the form and contents thereof by the Enterprise. Notice of Public Sale. The Board hereby approves the Notice of Public Sale in substantially the form submitted to the Board, provided that such Notice of Public Sale may be completed, corrected or revised as deemed necessary by the attorney for the Enterprise or its bond counsel in order to carry out the purposes of this Ordinance. The Treasurer is hereby authorized and directed to cause to be distributed to prospective bidders the Notice of Public Sale. The Bonds may be sold by competitive sale in accordance with the provisions of this Ordinance and the Notice of Public Sale, or may be sold at private sale as determined by the Treasurer of the Enterprise. The Enterprise shall not be required to publish notice of the public sale of the Bonds except as determined by the Treasurer. Award of Bonds. In accordance with the provisions of the Supplemental Act and Section 3C hereof, and subject to the limitations set forth in Section 3D hereof, the President or the Treasurer shall each have the independent authority to sign a contract for the purchase of the Bonds or to accept a binding bid for the Bonds. In the event that the Bonds are sold by competitive sale, each of the President and the Treasurer is hereby independently authorized to receive bids for the purchase of the Bonds and to determine the best bid therefor in accordance with Sections 3C and 3D hereof. Delivery. After the Bonds have been duly executed, authenticated and registered as provided herein, the Treasurer shall cause the Bonds to be delivered to the Purchaser upon receipt of the agreed purchase price. Disposition of Bond Proceeds and Income; Funds and Accounts Adopted or Created by Ordinance; Security for Bonds. The proceeds of the Bonds and the Income shall be deposited by the Enterprise in the funds and accounts described in this Section 5, to be accounted for in the manner and priority set forth in this Section 5. Neither the Purchaser nor any subsequent Owner of any Bonds shall be in any manner responsible for the application or disposal by the Enterprise or the City or by any of its officers, agents and employees of the moneys derived from the sale of the Bonds or of any other moneys designated in this Section 5. Costs of Issuance Account. Upon the issuance of the Bonds, there shall be deposited in the Costs of Issuance Account hereby created with the Paying Agent pursuant to the Paying Agent Agreement from the proceeds of the Bonds an amount equal to the Costs of Issuance of the Bonds, as set forth in the Sale Certificate. If any amounts remain on deposit in the Costs of Issuance Account after payment of all the Costs of Issuance of the Bonds, such amounts shall be remitted by the Paying Agent to the Enterprise and deposited in the Sewer Fund. Nothing herein shall preclude payment of Costs of Issuance from the Sewer Fund, if necessary. Escrow Account; Redemption of Refunded Bonds; Notice of Refunding and 2.2 Packet Pg. 33 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -27- Redemption of Refunded Bonds. Upon the issuance of the Bonds, the Enterprise shall deposit in the Escrow Account created with the Escrow Bank pursuant to the Escrow Agreement, forthwith upon receipt of the proceeds of the Bonds, a portion of the proceeds of the Bonds and, if set forth in the Sale Certificate, other funds of the City and the Enterprise to be used only as provided in the Escrow Agreement. The Enterprise shall apply, or cause to be applied, said sums to the purchase of the Federal Securities in which the moneys in the Escrow Account are to be invested and the funding of any required cash balance as provided in the Escrow Agreement. The Escrow Account shall be maintained in an amount at the time of the deposit therein, and at all times subsequently, at least sufficient, together with the known minimum yield to be derived from the investment of the deposit therein or any part thereof in such Federal Securities, to pay the Refunded Bond Requirements as the same become due. Moneys shall be withdrawn by the Escrow Bank from the Escrow Account in sufficient amounts and at times to permit the payment of the Refunded Bond Requirements on the designated payment dates. Any moneys remaining in the Escrow Account after provision has been made for the payment of the Refunding Bonds may be applied to any lawful purpose of the Enterprise. If for any reason the amount in the Escrow Account shall at any time be insufficient for the purposes hereinbefore set forth, the Enterprise shall forthwith from the first Net Pledged Revenues available therefor deposit therein such additional moneys as shall be necessary to permit the payment in full of the Refunded Bond Requirements as herein provided. The Enterprise hereby irrevocably exercises its option to redeem the Refunded Bonds on the date set forth in the Sale Certificate, at a price equal to the principal amount of each such Refunded Bond so redeemed plus accrued interest thereon to the Redemption Date. The Escrow Bank, as paying agent for the Refunded Bonds, is hereby irrevocably authorized and directed to give notice of refunding and redemption of the Refunded Bonds in accordance with the provisions of the ordinance authorizing the issuance of the Refunded Bonds and in accordance with the provisions of the Escrow Agreement. Sewer Fund. Except as otherwise provided herein, the entire Income, upon receipt thereof from time to time by the City, shall be set aside and credited immediately to the Sewer Fund. The Sewer Fund shall be administered and the moneys on deposit therein shall be deposited and applied in the following order of priority: First, to the Operation and Maintenance Fund to pay Operation and Maintenance Expenses in the manner set forth in Section 5D hereof; Second, to the Principal and Interest Fund to pay the Debt Service Requirements of the Bonds, the Outstanding Parity Bonds, any Additional Parity Bonds and any other Parity Securities then Outstanding in the manner set forth in Section 5E hereof; Third, to the payment of the Debt Service Requirements of Subordinate Bonds or other Subordinate Securities in accordance with Section 5F hereof; Fourth, to be used in accordance with Section 5G hereof. 2.2 Packet Pg. 34 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -28- Operation and Maintenance Fund. As a first charge on the Sewer Fund there shall be credited from time to time to the Operation and Maintenance Fund, Income sufficient to pay the Operation and Maintenance Expenses of the Wastewater Facilities as they become due and payable, and thereupon the Operation and Maintenance Expenses shall be promptly paid. Any surplus remaining in the Operation and Maintenance Fund and not needed for Operation and Maintenance Expenses shall be transferred to the Sewer Fund and used for the purposes thereof. Principal and Interest Fund. After the payments required by Sections 5D have been made, the City shall deposit in the Principal and Interest Fund from the Net Pledged Revenues on or before the last day of each month, the following amounts: Interest Payments. One-sixth (1/6) of the aggregate amount of the interest due on the Bonds on the next Interest Payment Date in the then-current Bond Year plus any other amounts due for interest on the Bonds, the Outstanding Parity Bonds, any Additional Parity Bonds and any other Parity Securities then Outstanding. Principal Payments. One-twelfth (1/12) of the aggregate amount of the principal due on the Bonds on the next Maturity Date or mandatory sinking fund redemption date in the then-current Bond Year plus any other amounts due for principal of the Bonds, the Outstanding Parity Bonds, any Additional Parity Bonds and any other Parity Securities then Outstanding. Moneys on deposit in the Principal and Interest Account shall be remitted to the Paying Agent to pay the principal and interest on the Bonds in accordance with the terms and provisions of the Paying Agent Agreement. The moneys credited to the Principal and Interest Account, excluding investment earnings that may be required to be deposited in the Rebate Fund or rebated to the federal government, shall be used to pay the Debt Service Requirements of the Bonds, the Outstanding Parity Bonds, any Additional Parity Bonds and any other Parity Securities then Outstanding, as such Debt Service Requirements become due, except as otherwise provided in this Ordinance. Nothing herein shall be construed so as to prevent the City from creating separate principal and interest accounts for the Bonds and any Additional Parity Bonds and accounting separately for any deposits made thereto on account of the Bonds and any Additional Parity Bonds, if such action is deemed by the City to be necessary or desirable, provided that any such separate accounts shall have claims to the Net Pledged Revenues equal to and on a parity with those of the other such accounts. Payment of Subordinate Securities. Subject to the payments required by Section 5D and Section 5E hereof in each month, any remaining Net Pledged Revenues may be used by the City or the Enterprise for the payment of Debt Service Requirements of Subordinate Securities payable from the Net Pledged Revenues, including reasonable reserves for such Subordinate Securities; but the lien of such Subordinate Securities on the Net Pledged Revenues and the pledge thereof for the payment of such Subordinate Securities shall be subordinate to the lien and pledge of the Bonds, any Additional Parity Bonds and any other Parity Securities as 2.2 Packet Pg. 35 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -29- herein provided. Use of Remaining Revenues. After the payments required to be made by Sections 5D through 5F hereof have been made or provided for in each month, any remaining Net Pledged Revenues may be used for any one or any combination of lawful purposes as the Enterprise or the City may from time to time determine. Termination of Deposits. No payment need be made into the Principal and Interest Fund if the amount of cash and Permitted Investments in the Principal and Interest Fund is at least equal to the entire amount of the Outstanding Bonds and any Outstanding Additional Parity Bonds and Parity Securities, as to all Debt Service Requirements, to their respective Maturity Dates or to any Redemption Dates on which the Enterprise shall have exercised or shall have obligated itself to exercise its option to redeem, prior to their respective Maturity Dates, any Bonds, any Additional Parity Bonds and any other Parity Securities then Outstanding and thereafter maturing (provided that, solely for the purpose of this Section 5H, there shall be deemed to be a credit to the Principal and Interest Fund, any cash or Permitted Investments accounted for in any other fund or account of the Enterprise and restricted solely for the purpose of paying the Debt Service Requirements of the Bonds, any Additional Parity Bonds or any other Parity Securities), in which case cash or Permitted Investments in the Principal and Interest Fund in an amount, except for any known interest or other gain to accrue from any investment or deposit of moneys pursuant to Section 6B hereof from the time of any such investment or deposit to the time or respective times the proceeds of any such investment or deposit shall be needed for such payment, at least equal to such Debt Service Requirements, shall be used together with any such gain from such investments and deposits solely to pay such Debt Service Requirements as the same become due. Any moneys in excess thereof in the Principal and Interest Account and any other moneys derived from the Income or otherwise pertaining to the Wastewater Facilities may be used in any lawful manner determined by the City. Budget and Appropriation of Sums. The sums required to make the payments specified in this Section 5 are hereby appropriated for said purpose. The sums required to make the payments specified in this Section 5 shall be included in the budget and the annual, bi-annual, or supplemental appropriation ordinances or measures to be adopted or passed by the Council while any of the Bonds, either as to principal or interest, are Outstanding and unpaid. No provisions of any constitution, Charter, statute, ordinance, resolution, or other order or measure enacted after the issuance of the Bonds shall in any manner be construed as limiting or impairing the obligations of the City and the Enterprise to keep and perform the covenants contained in this Ordinance so long as any of the Bonds remain Outstanding and unpaid. Rebate Fund. The Treasurer shall transfer into and pay from the Rebate Fund hereby created the amount of required arbitrage rebate, if any, due to the federal government under Sections 103 and 148(f)(2) of the Tax Code and the regulations thereunder. The Treasurer shall determine such amounts in the manner required by said sections and related regulations, and the Tax Certificate. Transfer of the required arbitrage rebate amounts shall be made from the Principal and Interest Fund, provided, however, that required arbitrage rebate payments shall be made to the federal government from legally available funds regardless of whether there are any remaining proceeds or other funds attributable to the Bonds that are available for the purpose. 2.2 Packet Pg. 36 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -30- All amounts in the Rebate Fund, including income earned from investment thereof, shall be held by the Treasurer free and clear of any lien created by this Ordinance. The Enterprise will cause amounts on deposit in the Rebate Fund to be forwarded to the United States Treasury at the address and times provided in the Tax Certificate, and in the amounts calculated to ensure that the Enterprise’s rebate obligations are met. Upon receipt by the Enterprise of an opinion of nationally recognized bond counsel to the effect that the amount in the Rebate Fund is in excess of the amount required to be therein pursuant to the provisions of the Tax Certificate, such excess shall be transferred to the Principal and Interest Account. General Administration of Funds and Accounts. Places and Times of Deposits. Each of the special funds or accounts created or adopted in Section 5 hereof shall be kept separate and apart from all other funds or accounts of the City as trust funds solely for the purposes herein designated therefor. For purposes of investment of moneys, nothing herein prevents the commingling of moneys accounted for in any two or more such funds or accounts pertaining to the Income. Such funds or accounts shall be continuously secured to the fullest extent required or permitted by the laws of the State for the securing of public funds and shall be irrevocable and not withdrawable by anyone for any purpose other than the respective designated purposes of such funds or accounts. Each periodic payment shall be credited to the proper fund or account not later than the date therefor herein designated, except that when any such date shall be not be a Business Day, then such payment shall be made on or before the next preceding Business Day. Investment of Funds. Any moneys in any fund or account described in Section 5 hereof may be invested, reinvested or deposited only in Permitted Investments. Permitted Investments shall either be subject to redemption at any time at face value by the Owner thereof at the option of such Owner or shall mature at such time or times as shall most nearly coincide with the expected need for moneys from the fund or account in question. Permitted Investments so purchased as an investment of moneys in any such fund or account shall be deemed at all times to be a part of the applicable fund or account; provided that (with the exception of the Rebate Fund and the Escrow Account) the interest accruing on such investments and any profit realized therefrom shall be credited to the Sewer Fund, and any loss resulting from such investments shall be charged to the particular fund or account in question. Moneys on deposit in the Escrow Account shall be invested and reinvested as provided in the Escrow Agreement. Interest and profit realized from investments in the Escrow Account shall be credited to the Escrow Account. Permitted Investments shall be valued by the Treasurer of the Enterprise at the lower of the cost or the market price, exclusive of accrued interest. With respect to all funds and accounts (except defeasance escrows and except as otherwise provided in the Tax Certificate with respect to the Rebate Fund), valuation shall occur quarterly. The City shall present for redemption or sale on the prevailing market any securities or obligations so purchased as an investment of moneys in a given fund whenever it shall be necessary to do so in order to provide moneys to meet any required payment or transfer from such fund. The City shall not invest any moneys accounted for hereunder if any such investment would contravene the covenant contained in Section 8V hereof. 2.2 Packet Pg. 37 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -31- No Liability for Losses Incurred in Performing Terms of Ordinance. Neither the Enterprise nor the City nor any officer thereof shall be liable or responsible for any loss resulting from any investment or reinvestment made in accordance with this Ordinance. Character of Funds. The moneys in any fund or account herein described shall consist of lawful money of the United States of America or Permitted Investments or both such money and Permitted Investments. Moneys deposited in a demand or time deposit account in a Commercial Bank, appropriately secured according to the ordinances of the City, and to the extent applicable, the laws of the State, shall be deemed lawful money of the United States of America. Accelerated Payments Optional. Nothing contained herein prevents the accumulation in any fund or account herein designated of any monetary requirements at a faster rate than the rate or minimum rate, as the case may be, provided therefor, but no payment shall be so accelerated if such acceleration shall cause a default in the payment of any obligation of the Enterprise pertaining to the Income. Priorities; Liens; Issuance of Additional Bonds. Lien on Net Pledged Revenues; Equality of Bonds. Except as expressly provided in this Ordinance with respect to Outstanding Parity Bonds, Additional Parity Bonds, other Parity Securities, the Net Pledged Revenues shall be and hereby are irrevocably pledged and set aside to pay the Debt Service Requirements of the Bonds. The Bonds constitute an irrevocable and first lien (but not necessarily an exclusive first lien) upon the Net Pledged Revenues, which lien shall be on a parity with the lien of the Outstanding Parity Bonds and any Additional Parity Bonds hereafter issued in accordance with the terms hereof. The Bonds, the Outstanding Parity Bonds, any Additional Parity Bonds and any other Parity Securities issued and from time to time Outstanding are equitably and ratably secured by a lien on the Net Pledged Revenues and shall not be entitled to any priority one over the other in the application of the Net Pledged Revenues regardless of the time or times of the issuance thereof, it being the intention of the Enterprise and the City that there shall be no priority among the Bonds, the Outstanding Parity Bonds, any Additional Parity Bonds and any other Parity Securities, regardless of the fact that they may be actually issued and delivered at different times. Issuance of Additional Parity Bonds. The Enterprise or the City may issue Additional Parity Bonds payable from the Net Pledged Revenues and constituting a lien on the Net Pledged Revenues on a parity with, but not prior or superior to, the lien thereon of the Bonds, provided that the following conditions shall be satisfied: Absence of Payment Default. At the time of the issuance of the Additional Parity Bonds, neither the City nor the Enterprise shall be in default in making any payments required by Section 5 hereof. Historic Revenues Tests. Except as hereinafter provided in the case of 2.2 Packet Pg. 38 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -32- Additional Parity Bonds issued for the purpose of refunding less than all of the Bonds and other Parity Securities then Outstanding, the Net Pledged Revenues derived in any consecutive twelve month period within the eighteen months immediately preceding the date of issuance of the proposed Additional Parity Bonds or for the last complete Fiscal Year prior to the date of issuance of the proposed Additional Parity Bonds, as certified by a Consulting Engineer, an Independent Accountant or the Treasurer, must have been equal to at least (a) one hundred fifteen percent (115%) of the Combined Maximum Annual Debt Service Requirements of the Bonds then Outstanding, the Outstanding Parity Bonds, any Additional Parity Bonds then Outstanding, and the Additional Parity Bonds proposed to be issued plus (b) one hundred percent (100%) of all policy costs attributable to any bond insurance policy and bond reserve insurance policy and other similar amounts then due and owing. If any adjustment in sewer rates, fees, tolls or charges or tap fees, or any combination thereof, is made by the City during such twelve month period or the last complete Fiscal Year, as the case may be, the calculation of the Net Pledged Revenues shall be adjusted to reflect the amount thereof that would have been received if such adjustment had been in effect throughout such twelve month period or such last complete Fiscal Year. In the case of Additional Parity Bonds issued for the purpose of refunding less than all of the Bonds and other Parity Securities then Outstanding, compliance with this Section 7B(2) shall not be required so long as the Debt Service Requirements payable on the Bonds and all other Parity Securities Outstanding after the issuance of such Additional Parity Bonds during each Bond Year does not exceed the Debt Service Requirements payable on the Bonds and all other Parity Securities Outstanding prior to the issuance of such Additional Parity Bonds in each Bond Year. Adequate Reserves. The proceedings under which any such Additional Parity Bonds are issued may also provide for the deposit of moneys to a debt service reserve fund established and maintained for such Additional Parity Bonds. Notwithstanding the foregoing, Additional Parity Bonds may be issued without the requirement of establishing a debt service reserve fund for such Additional Parity Bonds. Certification of Revenues. Where certifications of revenues are required by this Ordinance, the specified and required written certifications of a Consulting Engineer, an Independent Accountant or the Treasurer that revenues are sufficient to pay the required amounts shall be conclusively presumed to be accurate in determining the right of the Enterprise or the City to authorize issue, sell and deliver Additional Parity Bonds or other Parity Securities. Subordinate Securities Permitted. The Enterprise and the City may issue Subordinate Securities for any lawful purpose. Superior Securities Prohibited. Neither the Enterprise nor the City shall issue any Superior Bonds or Superior Securities. Supplemental Ordinances. Additional Parity Bonds or Subordinate Securities shall be issued only after authorization thereof by ordinance, supplemental ordinance or other instrument or instruments. 2.2 Packet Pg. 39 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -33- Covenants. The Enterprise hereby particularly covenants and agrees with the Owners of the Bonds from time to time, and makes provisions which shall be a part of its contract with such Owners, which covenants and provisions shall be kept by the Enterprise or the City continuously until all of the Bonds have been fully paid or discharged: Rate Maintenance. The City shall prescribe, revise, and collect rates, fees, tolls and charges and tap fees and plant investment fees, or any combination thereof which may be imposed by the City or Enterprise whether for the direct or indirect connection with or use of the Wastewater Facilities and reasonable penalties for any delinquencies, which shall produce Income sufficient, together with any other moneys legally available therefore and credited to the Sewer Fund, to make the payments and accumulations required by this Ordinance and which shall produce Net Pledged Revenues in each Fiscal Year sufficient, together with all other moneys legally available therefore and credited to the Sewer Fund after payment of Operation and Maintenance Expenses, to pay an amount at least equal to one hundred fifteen percent (115%) of the actual Debt Service Requirements of the Outstanding Bonds, the Outstanding Parity Bonds and any Outstanding Additional Parity Bonds or other Outstanding Parity Securities plus any amounts required to meet then existing deficiencies pertaining to any fund or account relating to the Net Pledged Revenues or any securities payable therefrom plus 100% of all policy costs or other similar obligations scheduled for payment under agreements related to any bond insurance policy and any bond reserve insurance policy in said fiscal year. In the event that such rates, fees, tolls and charges and tap fees and plant investment fees at any time should not be sufficient to make all of the payments and accumulations required by this Ordinance, the City shall increase its rates, fees, tolls and charges and tap fees to such extent as to insure the payments and accumulations required by the provisions of this Ordinance. Collection of Charges. The City shall cause all sewer rates, fees, tolls and charges and tap fees to be billed promptly and collected as soon as reasonable, shall prescribe and enforce rules and regulations or impose contractual obligations for the payment thereof, to the end that the Net Pledged Revenues shall be adequate to meet the requirements of this Ordinance and any other ordinance or instrument supplemental thereto. The rates, fees, tolls and charges and tap fees due shall be collected in any lawful manner. Competent Management. The City shall employ experienced and competent management personnel for each component of the Wastewater Facilities. If the Enterprise shall fail to pay the Debt Service Requirements of the Bonds promptly as the same become due, or if the Enterprise or the City shall fail to keep any of the covenants herein contained, and if such default shall continue for a period of sixty (60) days, or if the Net Pledged Revenues in any Fiscal Year, shall fail to equal at least the amount of the Debt Service Requirements of the Bonds and other obligations payable from the Net Pledged Revenues due in said Fiscal Year, the City shall retain a firm of competent management Persons skilled in the operation of wastewater facilities to assist in the management of the Wastewater Facilities so long as such default or deficiency continues. 2.2 Packet Pg. 40 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -34- Performance of Duties. The City, acting by and through its officers, or otherwise, shall faithfully and punctually perform, or cause to be performed, all duties with respect to the Income and the Wastewater Facilities required by the Constitution and laws of the State and the ordinances, resolutions and contracts of the Enterprise and the City, including, without limitation, the proper segregation of the proceeds of the Bonds and the Income and their application from time to time to the respective funds and accounts provided therefor. Costs of Bonds and of Performance. Except as otherwise specifically provided herein, all costs and expenses incurred in connection with the issuance of the Bonds, payment of the Debt Service Requirements thereof or the performance of or compliance with any covenant or agreement contained in this Ordinance shall be paid exclusively (but only from the appropriate special fund in the manner authorized herein) from the proceeds of the Bonds or from the Net Pledged Revenues and in no event shall any of such costs or expenses be required to be paid out of or charged to the general fund of the City. Contractual Obligations. The Enterprise or the City shall perform all contractual obligations undertaken by it under the Paying Agent Agreement, the Escrow Agreement, the Continuing Disclosure Certificate and any other agreements relating to the Bonds, the Income or the Wastewater Facilities. Further Assurances. At any and all times the Enterprise or the City shall, so far as it may be authorized by law, pass, make, do, execute, acknowledge, deliver, and file or record all and every such further instruments, acts, deeds, conveyances, assignments, transfers, other documents, and assurances as may be necessary or desirable for the better assuring, conveying, granting, assigning and confirming all and singular the rights, the Net Pledged Revenues and other funds hereby pledged, or intended so to be, or which the Enterprise or the City may hereafter become bound to pledge or assign, or as may be reasonable and required to carry out the purposes of this Ordinance. The Enterprise, acting by and through its officers, or otherwise, shall at all times, to the extent permitted by law, defend, preserve and protect the pledge of the Net Pledged Revenues and other funds and accounts pledged hereunder and all the rights of every Owner of any of the Bonds against all claims and demands of all Persons. Conditions Precedent. Upon the date of issuance of any of the Bonds, all conditions, acts and things required by the Constitution or laws of the United States of America, the Constitution or laws of the State, the Charter, the Enterprise Ordinances, the Refunding Act, the Supplemental Act and this Ordinance to exist, to have happened, and to have been performed precedent to or in the issuance of the Bonds shall exist, have happened and have been performed, and the Bonds, together with all other obligations of the Enterprise or the City, shall not contravene any debt or other limitation prescribed by the Constitution or laws of the United States of America, the Constitution or laws of the State, the Charter, the Enterprise Ordinances, the Refunding Act or the Supplemental Act. Efficient Operating. The City shall at all times operate the Wastewater Facilities properly and in a sound and economical manner. The City shall maintain, preserve and keep the Wastewater Facilities properly or cause the same so to be maintained, preserved, and kept, with the appurtenances and every part and parcel thereof in good repair, working order and condition, and shall from time to time make or cause to be made all necessary and proper repairs, 2.2 Packet Pg. 41 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -35- replacements and renewals so that at all times the maintenance of the Wastewater Facilities may be properly and advantageously conducted. All salaries, fees, wages and other compensation paid by the City in connection with the repair, maintenance and operation of the Wastewater Facilities shall be fair and reasonable. Records and Accounts. The City will keep proper books of record and account, separate and apart from all other records and accounts, showing complete and correct entries of all transactions relating to the funds and accounts referred to herein. Rules and Regulations. The City, acting by and through its officers, shall establish and enforce reasonable rules and regulations governing the construction, operation, care, repair, maintenance, management, control, use, commodities, and services of the Wastewater Facilities. The Enterprise or the City shall observe and perform all of the terms and conditions contained in this Ordinance and shall comply with all valid acts, rules, regulations, orders and directives of any legislative, executive, administrative or judicial body applicable to the Wastewater Facilities, the Enterprise or the City. Payment of Governmental Charges. The Enterprise or the City shall pay or cause to be paid all taxes and assessments or other municipal or governmental charges, if any, lawfully levied or assessed upon or in respect of the Wastewater Facilities or upon any part thereof or upon any portion of the Income, when the same shall become due, and shall duly observe and comply with all valid requirements of any municipal or governmental authority relative to the Wastewater Facilities, or any part thereof, except for any period during which the same are being contested in good faith by proper legal proceedings. Neither the Enterprise nor the City shall create or suffer to be created any lien or charge upon the Wastewater Facilities, or any part thereof, or upon the Income, except the pledge and lien created by the ordinances authorizing the Outstanding Parity Bonds and this Ordinance for the payment of the Debt Service Requirements due in connection with the Outstanding Parity Bonds and the Bonds and except as herein otherwise permitted. The Enterprise or the City shall pay or cause to be discharged or shall make adequate provision to satisfy and to discharge, within ninety (90) days after the same shall become payable, all lawful claims and demands for labor, materials, supplies or other objects which, if unpaid, might by law become a lien upon the Wastewater Facilities, or any part thereof, or the Income, but nothing herein requires the Enterprise or the City to pay or to cause to be discharged or to make provision for any such tax, assessment, lien or charge, so long as the validity thereof is contested in good faith and by appropriate legal proceedings. Protection of Security. The Enterprise and the City and their officers, agents and employees shall not take any action in such manner or to such extent as might prejudice the security for the payment of the Debt Service Requirements of the Bonds and any other securities payable from the Net Pledged Revenues according to the terms thereof. No contract shall be entered into nor any other action taken by which the rights of any Owner of the Bonds or other security payable from Net Pledged Revenues might be prejudicially and materially impaired or materially diminished. Accumulation of Interest Claims. In order to prevent any accumulation of claims for interest after maturity, the Enterprise shall not directly or indirectly extend or assent to the extension of the time for the payment of any claim for interest on any of the Bonds or any other 2.2 Packet Pg. 42 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -36- Securities payable from the Net Pledged Revenues; and the Enterprise shall not directly or indirectly be a party to or approve any arrangements for any such extension or for the purpose of keeping alive any of such claims for interest. If the time for the payment of any such installment of interest is extended in contravention of the foregoing provisions, such installment or installments of interest after such extension or arrangement shall not be entitled in case of default hereunder to the benefit or the security of this Ordinance, except upon the prior payment in full of the principal of the Bonds and all such securities the payment of which has not been extended. Prompt Payment of Bonds. The Enterprise shall promptly pay the Debt Service Requirements of the Bonds on the dates and in the manner specified herein and in the Bonds according to the true intent and meaning hereof. Use of Funds and Accounts. The funds and accounts described herein shall be used solely and only, and the moneys credited to such funds and accounts are hereby pledged, for the purposes described herein, subject to Section 9 hereof. Additional Securities. Neither the Enterprise nor the City shall hereafter issue any bonds or Securities relating to the Wastewater Facilities and payable from the Net Pledged Revenues, other than the Bonds, without compliance with the requirements with respect to the issuance of Additional Parity Bonds or other Securities set forth herein to the extent applicable. Other Liens. There are no liens or encumbrances of any nature whatsoever on or against the Wastewater Facilities, or any part thereof, or on or against the Net Pledged Revenues, except for the pledges of the Net Pledged Revenues to secure the Outstanding Parity Bonds and the Bonds. Disposal of Wastewater Facilities Prohibited. Subject to Section 8T hereof, except for the use of the Wastewater Facilities and the sale of commodities or services pertaining thereto in the normal course of business, neither all nor a substantial part of the Wastewater Facilities shall be sold, mortgaged, pledged, encumbered, alienated or otherwise disposed of, until the Bonds have been paid in full, as to all Debt Service Requirements thereof, or unless provision has been made therefor, or until the Bonds have otherwise been redeemed, including, without limitation, the termination of the pledge as herein authorized. Subject to Section 8T hereof, the City shall not dispose of its title to the Wastewater Facilities or to any useful part thereof, including any property necessary to the operation and use of the Wastewater Facilities and the lands and interests in lands comprising the Wastewater Facilities. Disposal of Property. No part of the Wastewater Facilities shall be sold, leased, mortgaged, pledged, encumbered or otherwise disposed of or otherwise alienated, until the Bonds have been paid in full, or unless provision has been made therefor, or until the Bonds have otherwise been redeemed; provided, however, that the City may sell, exchange or lease at any time and from time to time any property or facilities constituting part of the Wastewater Facilities and not needed in the construction, reconstruction or operation thereof; but any proceeds of any such sale or exchange received and not used to replace such property so sold or exchanged and any proceeds of any such lease received shall be deposited in the Sewer Fund, and any proceeds of any such lease received shall be deposited by the Enterprise as Income. 2.2 Packet Pg. 43 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -37- Fidelity Bonds or Insurance. Each official or other person having custody of any Net Pledged Revenues or responsible for their handling shall be fully bonded or insured at all times, which bond or insurance shall be conditioned upon the proper application of said moneys. Nothing herein shall be construed to prohibit the City from providing any insurance required hereunder by an actuarially sound self-insurance plan or program. Tax Covenant. The City and the Enterprise covenant for the benefit of the registered owners of the Bonds that they will not take any action or omit to take any action with respect to the Bonds, the proceeds thereof, any other funds of the City or the Enterprise or any facilities financed or refinanced with the proceeds of the Bonds if such action or omission (i) would cause the interest on the Bonds to lose its exclusion from gross income for federal income tax purposes under Section 103 of the Tax Code, (ii) would cause interest on the Bonds to lose its exclusion from alternative minimum taxable income as defined in Section 55(b)(2) of the Tax Code except to the extent such interest is required to be included in adjusted current earnings adjustment applicable to corporations under Section 56 of the Tax Code in calculating corporate alternative minimum taxable income, or (iii) would cause interest on the Bonds to lose its exclusion from Colorado taxable income or Colorado alternative minimum taxable income under present Colorado law. The City and the Enterprise covenant to comply with the provisions and procedures of the Tax Certificate. The foregoing covenant shall remain in full force and effect notwithstanding the payment in full or defeasance of the Bonds until the date on which all obligations of the City and the Enterprise in fulfilling the above covenant under the Tax Code and Colorado law have been met. Notwithstanding any provision of this Section, if the City or the Enterprise shall obtain an opinion of nationally recognized bond counsel that any specified action required under this Section is no longer required or that some further or different action is required to maintain the tax-exempt status of interest on the Bonds, the City or the Enterprise, as the case may be, may conclusively rely on such opinion in complying with the requirements of this Section, and the covenants hereunder shall be deemed to be modified to that extent. Loss from Condemnation. If any part of the Wastewater Facilities is taken by the exercise of a power of eminent domain, the amount of any award received by the City as a result of such taking shall be expended upon the improvement of the Wastewater Facilities or shall be applied to the redemption of the Outstanding Bonds and any Outstanding Additional Parity Bonds and any other Parity Securities in accordance with the provisions hereof and of any other ordinance authorizing the issuance of any such securities or shall be deposited in the Sewer Fund and held as reserve for expenditure subsequently upon such capital improvements, or any combination thereof, as the Board and the Council may determine. Inspection of Records. Any Owner of any of the Bonds or any other Securities payable from the Net Pledged Revenues, and any duly authorized agent or agents of such Owner shall have the right at all reasonable times to inspect all records, accounts and data relating thereto, concerning the Wastewater Facilities, or the Income to make copies of such records, accounts and data at the Owner’s expense, and to inspect the Wastewater Facilities and properties comprising the Wastewater Facilities. 2.2 Packet Pg. 44 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -38- Audits Required. The City, annually following the close of each Fiscal Year, shall order an audit for the Fiscal Year of the books and accounts pertaining to the Wastewater Facilities to be made forthwith by an Independent Accountant and order an audit report showing the receipts and disbursements for each fund or account pertaining to the Wastewater Facilities or the Income. All expenses incurred in the making of the audits and reports required by this subsection may be regarded and paid as Operating Expense. Insurance and Reconstruction. Except to the extent the City elects to insure itself, the City shall at all times maintain with responsible insurers all such insurance reasonably required and obtainable within limits and at costs deemed reasonable by the City as is customarily maintained with respect to wastewater facilities of like character against loss of or damage to the Wastewater Facilities and against public and other liability to the extent at least reasonably necessary to protect the interest of the City and of the Owner of the Bonds or any other securities payable from the Net Pledged Revenues, except as herein otherwise provided. If any useful part of the Wastewater Facilities shall be damaged or destroyed, the City shall, as expeditiously as possible, commence and diligently proceed with the repair or replacement of the damaged or destroyed property so as to restore the same to use. The proceeds of any insurance appertaining to the Wastewater Facilities shall be payable to the City and (except for proceeds of use and occupancy insurance) shall be applied to the necessary costs involved in such repair and replacement, and to the extent not so applied shall (together with the proceeds of any such use and occupancy insurance) be deposited in the Sewer Fund as Income. If the costs of such repair and replacement of the damaged or destroyed property exceed the proceeds of such property insurance available for payment of the same, moneys in the Sewer Fund shall be used to the extent necessary for such purpose. Continuing Disclosure. The Enterprise shall comply with the provisions of the Continuing Disclosure Certificate. Any failure by the Enterprise to perform in accordance with this paragraph shall not constitute an event of default under this Ordinance, and the rights and remedies provided by this Ordinance upon the occurrence of an event of default shall not apply to any such failure. The Paying Agent shall not have any power or duty to enforce this paragraph. No Owner of a Bond shall be entitled to damages for the Enterprise’s non- compliance with its obligations under this paragraph. Defeasance. Discharge of Bonds. When all Debt Service Requirements of the Bonds have been duly paid, the pledge and lien and all obligations hereunder shall thereby be discharged and the Bonds shall no longer be deemed to be Outstanding within the meaning of this Ordinance. There shall be deemed to be such due payment when the Enterprise or the City has placed in escrow or in trust with a Trust Bank, located within or without the State, moneys or Federal Securities in an amount sufficient (including the known minimum yield available for such purpose from Federal Securities in which such amount wholly or in part may be initially invested) to pay all Debt Service Requirements of the Bonds as the same become due. The Federal Securities shall become due prior to the respective times at which the proceeds thereof shall be needed, in accordance with a schedule established and agreed upon between the Enterprise or the City and such bank at the time of the creation of the escrow or trust, or the Federal Securities shall be subject to redemption at the option of the Owner thereof to assure 2.2 Packet Pg. 45 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -39- such availability as so needed to meet such schedule. Nothing herein shall be construed to prohibit a partial defeasance of the Outstanding Bonds in accordance with the provisions of this Section 9. Unclaimed Money. Anything contained herein to the contrary notwithstanding, any money held by the Paying Agent in trust for the payment and discharge of any of the Bonds that remains unclaimed for two (2) years after the date when such Bonds have become due and payable, either at their stated Maturity Dates or by call for redemption prior to maturity, shall be repaid by the Paying Agent to the Enterprise as its absolute property free from trust, and the Paying Agent shall thereupon be released and discharged with respect thereto and the Owners shall not look to the Paying Agent for the payment of such Bonds. Default Provisions and Remedies of Bond Owners. Events of Default. Each of the following events is hereby declared to be and to constitute an Event of Default by the Enterprise: Nonpayment of Principal. Payment of the principal of any of the Bonds is not made when the same becomes due and payable, either at maturity or by proceedings for prior redemption, or otherwise; Nonpayment of Interest. Payment of any interest is not made when the same becomes due and payable; Incapacity to Perform. The Enterprise or the City for any reason becomes incapable of fulfilling its respective obligations hereunder; Nonperformance of Duties. The Enterprise or the City shall have failed to carry out and to perform (or in good faith to begin the performance of) all acts and things lawfully required to be carried out or to be performed by it under any contract relating to the Income or to the Wastewater Facilities or otherwise, including, without limitation, this Ordinance, and such failure shall continue for sixty (60) days after receipt of notice from the Owners of twenty-five percent (25%) in aggregate principal amount of the Bonds then Outstanding; provided that if such failure cannot be cured within such sixty (60) days and if during that period corrective action has commenced to remedy such failure and subsequently is diligently pursued by the Enterprise or the City to the completion of such performance, an Event of Default shall not be deemed to have occurred; Failure to Reconstruct. The Enterprise or the City discontinues or unreasonably delays or fails to carry out with reasonable dispatch the reconstruction of any essential part of the Wastewater Facilities that is condemned, destroyed or damaged and is not promptly repaired or replaced (whether such failure to repair the same is due to impracticality of such repair or replacement, or is due to a lack of moneys therefor, or for other reason); Appointment of Receiver. An order or decree is entered by a court of competent jurisdiction, with the consent or acquiescence of the City, appointing a receiver or receivers for the Wastewater Facilities or for the Income and any other moneys subject to the lien to secure the payment of the Bonds, or both the Wastewater Facilities and such moneys, or if any 2.2 Packet Pg. 46 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -40- order or decree, having been entered without the consent or acquiescence of the City, is not vacated or discharged or stayed on appeal within sixty (60) days after entry; Default of Any Provision. The Enterprise or the City makes any default in the due and punctual performance of any other of the representations, covenants, conditions, agreements and other provisions contained in the Bonds or in this Ordinance on its part to be performed, and if such default continues for sixty (60) days after written notice, specifying such default and requiring the same to be remedied, is given to the Enterprise or the City by the Owners of twenty-five percent (25%) in aggregate principal amount of the Bonds then Outstanding; provided that if such default cannot be cured within such sixty (60) days and if during that period corrective action has commenced to remedy such default and subsequently is diligently pursued to the completion of such performance, an Event of Default shall not be deemed to have occurred. Payment Default on Parity Securities. The Enterprise or the City fails to pay when due any Debt Service Requirements of any Parity Securities. Remedies for Defaults. Upon the happening and continuance of any of the Events of Default, then and in every case the Owner or Owners of not less than twenty-five percent (25%) in aggregate principal amount of the Bonds then Outstanding, including, without limitation, a trustee or trustees therefor, may proceed against the Enterprise or the City and their agents, officers and employees to protect and to enforce the rights of any Owner of Bonds under this Ordinance by mandatory injunction or by other suit, action, or special proceedings in equity or at law, in any court of competent jurisdiction, either for the appointment of a receiver or an operating trustee or for the specific performance of any covenant or agreement contained herein or for any proper legal or equitable remedy as such Owner or Owners may deem most effectual to protect and to enforce the rights aforesaid, or thereby to enjoin any act or thing which may be unlawful or in violation of any right of any Owner of any Bond, or to require the Enterprise to act as if it were the trustee of an expressed trust, or any combination of such remedies, or as otherwise may be authorized by any statute or other provision of law. All such proceedings at law or in equity shall be instituted, had and maintained for the equal benefit of all Owners of the Bonds, any Additional Parity Bonds and any other Parity Securities then Outstanding. Any receiver or operating trustee appointed in any proceedings to protect the rights of such Owners hereunder may collect, receive and apply all Income arising after the appointment of such receiver or operating trustee in the same manner as the City itself might do. The consent to any such appointment is hereby expressly granted by the City. Notwithstanding the foregoing or any other applicable provision of law, no Event of Default shall result in acceleration of any obligation of the Enterprise represented by the Bonds. Rights and Privileges Cumulative. The failure of any Owner of any Outstanding Bond to proceed in any manner herein provided shall not relieve the Enterprise or the City or any of its officers, agents or employees of any liability for failure to perform to carry out any duty, obligation or other commitment. Each right or privilege of any such Owner or trustee therefor is in addition and is cumulative to any other right or privilege, and the exercise of any right or privilege by or on behalf of any Owner shall not be deemed a waiver of any other right or privilege thereof. Each Owner of any Bond shall be entitled to all of the privileges, rights and remedies provided or permitted in this Ordinance and as otherwise provided or permitted by law 2.2 Packet Pg. 47 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -41- or in equity or by statute, except as provided herein, and subject to the applicable provisions concerning the Income and the proceeds of the Bonds. Nothing herein affects or impairs the right of any Owner of any Bond to enforce the payment of the Debt Service Requirements due in connection with the Bonds or the obligation of the Enterprise to pay the Debt Service Requirements of each Bond to the Owner thereof at the time and the place expressed in such Bond. Duties Upon Default. Upon the happening of any of the Events of Default as provided in Section 10A hereof, the Enterprise or the City, in addition, will do and perform all proper acts on behalf of and for the Owners of the Outstanding Bonds to protect and to preserve the security created for the payment of their Bonds and to insure the payment of the Debt Service Requirements promptly as the same become due. During any period of default, so long as any of the Bonds, as to any Debt Service Requirements, are Outstanding, except to the extent it may be unlawful to do so, all Net Pledged Revenues shall be paid into the Principal and Interest Account on an equitable and prorated basis, and used for the purposes therein provided. If the Enterprise or the City fails or refuses to proceed as in this Section 10D provided, the Owner or Owners of not less than twenty-five percent (25%) in aggregate principal amount of the Bonds then Outstanding, after demand in writing, may proceed to protect and to enforce the rights of the Owners of the Bonds as hereinabove provided; and to that end any such Owners of Outstanding Bonds shall be subrogated to all rights of the Enterprise or the City under any agreement or contract involving the Net Pledged Revenues entered into prior to the effective date of this Ordinance or thereafter while any of the Bonds are Outstanding. Nothing herein requires the Enterprise or the City to proceed as provided herein if it determines in good faith and without any abuse of its discretion that if it so proceeds it is more likely than not to incur a net loss rather than a net gain or such action is likely to affect materially and prejudicially the Owners of the Outstanding Bonds and any Outstanding Parity Securities. Evidence of Security Owners. Any request, consent or other instrument which this Ordinance may require or may permit to be signed and to be executed by the Owner of any Bonds or other securities may be in one instrument or more than one instrument of similar tenor and shall be signed or may be executed by each Owner in person or by his attorney appointed in writing. Proof of the execution of any such instrument or of any instrument appointing any such attorney, or the ownership by any Person of the securities, shall be sufficient for any purpose of this Ordinance (except as otherwise herein expressly provided) if made in the following manner: Proof of Execution. The fact and the date of the execution by any Owner of any Bonds or other securities or his attorney of such instrument may be proved by the certificate, which need not be acknowledged or verified, of any officer of a bank or trust company satisfactory to the Secretary or of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he purports to act, that the individual signing such request or other instrument acknowledged to him the execution, duly sworn to before such notary public or other officer; the authority of the individual or individuals executing any such instrument on behalf of a corporate Owner of any securities may be established without further proof if such instrument is signed by an individual purporting to be the president or vice-president of such corporation with the corporate seal affixed and attested by an individual purporting to be its secretary or an assistant secretary; and the authority of any Person or Persons executing any such instrument in any fiduciary or representative capacity may 2.2 Packet Pg. 48 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -42- be established without further proof if such instrument is signed by a Person or Persons purporting to act in such fiduciary or representative capacity; and Proof of Ownership. The amount of Bonds owned by any Person executing any instrument as an Owner of Bonds, and the numbers, date and other identification thereof, together with the date of his ownership of the Bonds, shall be determined from the registration books of the Enterprise. The amount of other securities, if applicable, owned by any Person executing any instrument as an owner of such securities, and the numbers, date and other identification thereof, together with the date of his ownership, if in bearer form, may be proved by a certificate which need not be acknowledged or verified, in form satisfactory to the Secretary, executed by a member of a financial firm or by an officer of a bank or trust company, insurance company or financial corporation or other depository satisfactory to the Secretary, or by any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he purports to act, showing at the date therein mentioned that such Person exhibited to such member, officer, notary public or other officer so authorized to take acknowledgments of deeds or had on deposit with such depository the securities described in such certificate or, if in registered form shall be determined from the related registration books; but the Secretary may nevertheless in his or her discretion require further or other proof in cases where he or she deems the same advisable. Warranty Upon Issuance of Bonds. Any of the Bonds as herein provided, when duly executed and registered for the purposes provided for in this Ordinance, shall constitute a warranty by and on behalf of the Enterprise for the benefit of each and every future Owner of any of the Bonds that the Bonds have been issued for a valuable consideration in full conformity with law. Amendment of Ordinance. Amendment of Ordinance Not Requiring Consent of Bond Owners. The Enterprise may, without the consent of, or notice to, the Owners of the Bonds, adopt such ordinances supplemental hereto (which amendments shall thereafter form a part hereof) for any one or more or all of the following purposes: To cure or correct any formal defect, ambiguity or inconsistent provision contained in this Ordinance; To appoint successors to the Paying Agent, Registrar or Transfer Agent; To designate a trustee for the Owners of the Bonds, to transfer custody and control of the Income to such trustee, and to provide for the rights and obligations of such trustee; To add to the covenants and agreements of the Enterprise or the City or the limitations and restrictions on the Enterprise or the City set forth herein; To pledge additional revenues, properties or collateral to the payment of the Bonds; 2.2 Packet Pg. 49 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -43- To cause this Ordinance to comply with the Trust Indenture Act of 1939, as amended from time to time; or To effect any such other changes hereto which do not materially adversely affect the interests of the Owners of the Bonds. Amendment of Ordinance Requiring Consent of Bond Owners. Exclusive of the amendatory ordinances covered by Section 11A hereof, this Ordinance may be amended or modified by ordinances or other instruments duly adopted by the Enterprise, without receipt by it or any additional consideration, but with the written consent of the Owners of a majority in aggregate principal amount of the Bonds then Outstanding at the time of the adoption of such amendatory ordinance, provided that no such amendatory resolution shall permit: Changing Payment. A change in the maturity or in the terms of redemption of the principal of any Outstanding Bond or any interest thereon without the consent of the Owner of each Bond adversely affected thereby; or Reducing Return. A reduction in the principal amount of any Bond or the rate of interest thereon without the consent of the Owner of each Bond adversely affected thereby; or Prior Lien. The creation of a lien upon or a pledge of revenues ranking prior to the lien or to the pledge created by this Ordinance, except as otherwise permitted by this Ordinance, without the consent of the Owners of all Bonds Outstanding; or Modifying Amendment Terms. A reduction of the principal amount or percentages of Bonds, or any modification otherwise affecting the description of Bonds, otherwise changing the consent of the Owners of Bonds, which may be required herein for any amendment hereto, without the consent of the Owners of all Bonds Outstanding; or Priorities Among Bonds or Parity Securities. The establishment of priorities as among Bonds issued and Outstanding under the provisions of this Ordinance or as among the Bonds and other Parity Securities without the consent of the Owners of all Bonds Outstanding; or Partial Modification. Any modifications otherwise materially and prejudicially affecting the rights or privileges of the Owners of less than all of the Bonds then Outstanding, without the consent of the Owners of all Bonds Outstanding. Whenever the Enterprise proposes to supplement or amend this Ordinance under the provisions of this Section 11B, it shall give notice of the proposed supplement or amendment by mailing such notice to all Owners of Bonds at the addresses appearing on the registration books of the Enterprise. Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory ordinance or other instrument is on file in the office of the Secretary of the Enterprise for public inspection. Time for and Consent to Amendment. Whenever at any time within one (1) year from the date of the completion of the notice required to be given by Section 11B hereof there 2.2 Packet Pg. 50 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -44- shall be filed in the office of the Secretary of the Enterprise an instrument or instruments executed by the Owners of at a majority in aggregate principal amount of the Bonds then Outstanding, which instrument or instruments shall refer to the proposed amendatory ordinance or other instrument described in such notice and shall specifically consent to and approve the adoption of such ordinance or other instrument, thereupon, but not otherwise, the Board may adopt such amendatory ordinance or instrument and such ordinance or instrument shall become effective. If the Owners of at least a majority in aggregate principal amount of the Bonds then Outstanding, at the time of the adoption of such amendatory ordinance or instrument, or the predecessors in title of such Owners, shall have consented to and approved the adoption thereof as herein provided, no Owner of any Bond whether or not such Owner shall have consented to or shall have revoked any consent as herein provided shall have any right or interest to object to the adoption of such amendatory ordinance or other instrument or to object to any of the terms or provisions therein contained or to the operation thereof or to enjoin or restrain the Enterprise from taking any action pursuant to the provisions thereof. Any consent given by the Owner of a Bond pursuant to the provisions thereof shall be irrevocable for a period of six (6) months from the date of the completion of the notice above provided for and shall be conclusive and binding upon all future Owners of the same Bond during such period. Such consent may be revoked at any time after six (6) months from the completion of such notice, by the Owner who gave such consent or by a successor in title, by filing notice of such revocation with the Secretary of the Enterprise, but such revocation shall not be effective if the Owners of a majority in aggregate principal amount of the Bonds Outstanding as herein provided, prior to the attempted revocation, shall have consented to and approved the amendatory instrument referred to in such revocation. Unanimous Consent. Notwithstanding anything in the foregoing provisions contained, the terms and the provisions of this Ordinance, or of any ordinance or instrument amendatory thereof, and the rights and the obligations of the Enterprise and of the Owners of the Bonds may be modified or amended in any respect upon the adoption by the Enterprise and upon the filing with the Secretary of an instrument to that effect and with the consent of the Owners of all the then Outstanding Bonds, such consent to be given in the manner provided in Section 11C hereof; and no notice to Owners of Bonds shall be required as provided in Section 11B hereof, nor shall the time of consent be limited except as may be provided in such consent. Exclusion of Bonds. At the time of any consent or of other action taken hereunder the City shall furnish to the Secretary a certificate, upon which the Secretary may rely, describing all Bonds to be excluded for the purpose of consent or of other action or any calculation of Outstanding Bonds provided for hereunder, and, with respect to such excluded Bonds, the Enterprise shall not be entitled or required with respect to such Bonds to give or obtain any consent or to take any other action provided for hereunder. Notation on Bonds. Any of the Bonds delivered after the effective date of any action taken as provided in Section 11B, or Bonds Outstanding at the effective date of such action, may bear a notation thereon by endorsement or otherwise in form approved by the Board as to such action; and if any such Bonds so executed and delivered after such date does not bear such notation, then upon demand of the Owner of any Bond Outstanding at such effective date and upon presentation of his Bond for such purpose at the principal office of the Enterprise, suitable notation shall be made on such Bond by the Secretary as to any such action. If the Board so determines, new Bonds so modified as in the opinion of the Board to conform to such 2.2 Packet Pg. 51 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -45- action shall be prepared, executed and delivered; and upon demand of the Owner of any Bond then Outstanding, shall be exchanged without cost to such Owner for Bonds then Outstanding upon surrender of such Outstanding Bonds. Proof of Instruments and Bonds. The fact and date of execution of any instrument under the provisions of this Section 11, the amount and number of the Bonds owned by any Person executing such instrument, and the date of his registering the same may be proved as provided by Section 10E hereof. Miscellaneous. Appointment of Officers. The Board hereby appoints the following officers of the Enterprise: (1) the Mayor of the City shall be the President of Enterprise; (2) the Finance Director of the City shall be the Treasurer of the Enterprise; and (3) the City Clerk of the City shall be the Secretary of the Enterprise. Such officers may be changed by subsequent action by the Board of the Enterprise. The Board hereby ratifies all actions previously taken by the Mayor as President of the Enterprise, all actions previously taken by the Finance Director as the Treasurer of the Enterprise and all actions previously taken by the City Clerk as Secretary of the Enterprise. Approvals and Authorizations. The Board hereby approves the Paying Agent Agreement, the Escrow Agreement and the Continuing Disclosure Certificate in substantially the forms of such documents on file with the Secretary, with only such changes therein as are not inconsistent herewith. The President is hereby authorized and directed to execute the Paying Agent Agreement, the Escrow Agreement and the Continuing Disclosure Certificate and the Secretary is hereby authorized to attest and to affix the seal of the Enterprise to the Paying Agent Agreement, the Escrow Agreement and the Continuing Disclosure Certificate. Such documents are to be executed in substantially the forms hereinabove approved, provided that such documents may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Ordinance. The execution of any document or instrument by the appropriate officers of the Enterprise herein authorized shall be conclusive evidence of the approval by the Enterprise of such document or instrument in accordance with the terms hereof. The Bonds shall be sold to the Purchaser upon the terms, conditions, and provisions set forth in the Sale Certificate. The President and the Treasurer shall each have the independent authority pursuant to the Supplemental Act to accept the bid or proposal of the Purchaser to purchase the Bonds, and to execute a bond purchase agreement and the Sale Certificate in connection therewith, subject to the parameters and restrictions contained in this Ordinance. The President and the Secretary and all other appropriate officers or employees of the Enterprise are authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance, including without limiting the generality of the foregoing, executing, attesting, authenticating and delivering for and on behalf of the Enterprise any and all necessary documents, instruments or certificates and performing all 2.2 Packet Pg. 52 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -46- other acts that they deem necessary or appropriate. It shall be the duty of the proper officers of the Enterprise to hereafter take all action necessary for the Enterprise to comply with the provisions of this Ordinance, the Enterprise Ordinances, and the Refunding Act, as hereafter amended and supplemented from time to time. Character of Agreement. None of the covenants, agreements, representations, or warranties contained herein or in the Bonds shall ever impose or shall be construed as imposing any liability, obligation, or charge against the Enterprise or the City (except for the special funds pledged therefor) or against the general credit of the City payable out of general funds or out of any funds derived from general property taxes. Pursuant to the Enterprise Ordinances the Enterprise is authorized to make covenants on behalf of the City and to bind the City to perform any obligation relating to the Wastewater Facilities other than any multiple-fiscal year direct or indirect debt or other financial obligation of the City without adequate present cash reserves pledged irrevocably and held for payment in future years. Notwithstanding anything in this Ordinance to the contrary, no such covenant of the Enterprise on behalf of the City that would constitute such a direct or indirect debt or other financial obligation of the City may be enforced against the City. No Pledge of Property. The payment of the Bonds is not secured by an encumbrance, mortgage or other pledge of property of the Enterprise or the City except for the Net Pledged Revenues. No property of the Enterprise or the City, except the Net Pledged Revenues, is pledged for the payment of the Bonds or shall be liable to be forfeited to taken in payment of the Bonds. Provisions Relating to Bond Insurance. If the Sale Certificate provides that the Bonds will be insured by a Bond Insurance Policy, the following provisions shall apply notwithstanding anything to the contrary in this Ordinance: (1) Except as provided in Section 11B, the Bond Insurer is hereby deemed to be the sole holder of the Bonds insured by it for the purpose of exercising any voting right or privilege or giving any consent or direction or taking any other action that the holders of the Bonds insured by it are entitled to take pertaining to defaults and remedies. (2) Upon a payment default with respect to the Bonds, the Bond Insurer shall be entitled to appoint a receiver for the Net Pledged Revenues. (3) The Bond Insurer is hereby deemed to be a third party beneficiary to this Ordinance. (4) The rights of the Bond Insurer to direct or consent to Enterprise or bondholder actions under this Ordinance shall be suspended during any period in which the Bond Insurer is in default in its payment obligations under the Bond Insurance Policy (except to the extent of amounts previously paid by the Bond Insurer and due and owing to the Bond Insurer) and shall be of no force or effect in the event the Bond Insurance Policy is no longer in effect or the Bond Insurer asserts that the Bond Insurance Policy is not in effect or the Bond Insurer shall 2.2 Packet Pg. 53 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -47- have provided written notice that it waives such rights. (5) Amounts paid by the Bond Insurer under the Bond Insurance Policy shall not be deemed paid for purposes of this Ordinance and shall remain Outstanding and continue to be due and owing until paid by the Enterprise in accordance with this Ordinance. This Ordinance shall not be discharged unless all amounts due or to become due to the Bond Insurer have been paid in full or duly provided for. (6) The Bond Insurer shall, to the extent it makes any payment of principal of or interest on the Bonds, become subrogated to the rights of the recipients of such payments in accordance with the terms of the Bond Insurance Policy. Statute of Limitations. No action or suit based upon any Bond or other obligation of the Enterprise or the City payable from the Net Pledged Revenues shall be commenced after it is barred by any statute of limitations pertaining thereto. Any trust or fiduciary relationship between the Enterprise and the Owner of any Bond or the obligee regarding any such obligation shall be conclusively presumed to have been repudiated on the Maturity Date or Redemption Date thereof unless the Bond is presented for payment or demand for payment of such other obligation is otherwise made before the expiration of the applicable limitation period. Any moneys from whatever source derived remaining in any fund or account reserved, pledged or otherwise held for the payment of any such obligation, action or suit, the collection of which has been barred, shall revert to the Sewer Fund, unless the Board shall otherwise provide by ordinance. Nothing herein prevents the payment of any such Bond or other obligation after an action or suit for its collection has been barred if the Board deems it in the best interests of the Enterprise or the public so to do and orders such payment to be made. Successors. Whenever herein the Enterprise or the City is named or is referred to, such provision shall be deemed to include any successors of the Enterprise or the City, whether so expressed or not. All of the covenants, stipulations, obligations and agreements by or on behalf of and other provisions for the benefit of the Enterprise or the City contained herein shall bind and inure to the benefit of any officer, board, district, commission, authority, agency, instrumentality or other Person or Persons to whom or to which there shall be transferred by or in accordance with law any right, power or duty of the Enterprise or the City or of its respective successors, if any, the possession of which is necessary or appropriate in order to comply with any such covenants, stipulations, obligations, agreements or other provisions hereof. Rights and Immunities. Except as herein otherwise expressly provided, nothing herein expressed or implied is intended or shall be construed to confer upon or to give or grant to, any Person, other than the Enterprise, the City, the Paying Agent, the Escrow Agent and the Owners from time to time of the Bonds, any right, remedy or claim under or by reason hereof or any covenant, condition or stipulation hereof. All the covenants, stipulations, promises and agreements herein contained by and on behalf of the Enterprise or the City shall be for the sole and exclusive benefit of the Enterprise, the City, the Paying Agent, the Escrow Agent and any Owner of any of the Bonds. Pursuant to § 11-57-209 of the Supplemental Act, if a member of the Board or the Council, or any officer or agent of the Enterprise or the City acts in good faith, no civil recourse 2.2 Packet Pg. 54 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -48- shall be available against such Board member or Council member, officer, or agent for payment of the principal or interest on the Bonds. Such recourse shall not be available either directly or indirectly through the Board, the Enterprise, the Council or the City, or otherwise, whether by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise. By the acceptance of the Bonds and as a part of the consideration of their sale or purchase, any person purchasing or selling such Bonds specifically waives any such recourse. Ordinance Irrepealable. This Ordinance is, and shall constitute, a legislative measure of the Enterprise and after any of the Bonds are issued, this Ordinance shall constitute an irrevocable contract between the Enterprise and the Owner or Owners of the Bonds, and this Ordinance, subject to the provisions of Sections 9 and 11 hereof, if any Bonds are in fact issued, shall be and shall remain irrepealable until the Bonds, as to all Debt Service Requirements, shall be fully paid or discharged. Statutory Limitations Met. The Board hereby determines that the provisions and limitations of applicable law imposed on the issuance of the Bonds have been met. Repealer. All ordinances, resolutions, bylaws, orders, and other instruments, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance, resolution, bylaw, order, or other instrument, or part thereof, heretofore repealed. Severability. If any section, subsection, paragraph, clause or other provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability thereof shall not affect any of the remaining sections, subsections, paragraphs, clauses or provisions of this Ordinance. Limitation of Actions. Pursuant to § 11-57-212 of the Supplemental Act, no legal or equitable action brought with respect to any legislative acts or proceedings of the Enterprise in connection with the authorization or issuance of the Bonds, including but not limited to the adoption of this Ordinance, shall be commenced more than thirty days after the authorization of the Bonds. Pursuant to Section 19.7 of the Charter, no action or proceeding, at law or in equity, to review any acts or proceedings, or to question the validity of or enjoin the issuance or payment of any securities issued in accordance with their terms, or for any other relief against any acts or proceedings of the City done or had under Part II of Article V of the Charter, shall be maintained against the City, unless commenced within thirty (30) days after the performance of the act or the effective date of the resolution or ordinance complained of, or else be thereafter perpetually barred. Governing Law. This Ordinance shall be governed by and construed in accordance with the laws of the State of Colorado. 2.2 Packet Pg. 55 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -49- Introduced, considered favorably on first reading and ordered published this 5th day of July, 2016, and to be presented for final passage on July 19, 2016. CITY OF FORT COLLINS, COLORADO, WASTEWATER UTILITY ENTERPRISE By: ________________________________ (ENTERPRISE) President ( SEAL ) ATTEST: Secretary Passed and adopted, without amendment, on final reading this 19th day of July, 2016. CITY OF FORT COLLINS, COLORADO, WASTEWATER UTILITY ENTERPRISE By: ________________________________ (ENTERPRISE) President ( SEAL ) ATTEST: Secretary 2.2 Packet Pg. 56 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -50- STATE OF COLORADO ) ) COUNTY OF LARIMER ) ss. ) CITY OF FORT COLLINS ) I, Wanda Winkelmann, Secretary of the City of Fort Collins, Colorado, Wastewater Utility Enterprise (the “Enterprise”), do hereby certify the following: 1. The attached copy of Ordinance No. 006 (the “Ordinance”) is a true, correct and complete copy thereof. 2. The Ordinance was introduced, read, and approved on first reading by the Board of the Enterprise at a meeting thereof held concurrently with a regular meeting of the City Council (the “Council”) of the City of Fort Collins, Colorado (the “City”) held at Council Chambers, City Hall, 300 West LaPorte Avenue, Fort Collins, Colorado, the regular meeting place thereof, on Tuesday, the 5th day of July, 2016, by the members of the Board as follows: Name “Yes” “No” Absent Wade Troxell, President Bob Overbeck Ray Martinez Gino Campana Kristin Stephens Ross Cunniff Gerry Horak 3. The Ordinance was duly published in full at least seven days before its final passage on the City’s official internet web site. In addition, the Ordinance was duly published by number and title only, together with a statement that the text thereof was available for public inspection and acquisition in the office of the City Clerk of the City and on the City’s internet web site, in The Coloradoan, a newspaper of general circulation published in the City in its issue of July 10, 2016, as evidenced by the certificate of the publisher attached hereto as Exhibit A. Both publications contained a notice giving the date when the Ordinance would be presented for final passage. 4. The Ordinance was read and finally passed on second reading, without amendment, by the Board of the Enterprise at a meeting thereof held concurrently with a regular meeting of the Council held at Council Chambers, City Hall, 300 West LaPorte Avenue, Fort Collins, Colorado, the regular meeting place thereof, on Tuesday, the 19th day of July, 2016, by the members of the Board as follows: Name “Yes” “No” Absent Wade Troxell, President Bob Overbeck 2.2 Packet Pg. 57 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) -51- Ray Martinez Gino Campana Kristin Stephens Ross Cunniff Gerry Horak 5. Following its final passage, the Ordinance was duly published in full on the City’s official internet web site within seven days following its final passage. In addition, a notice of the final passage of the Ordinance was duly published in The Coloradoan, a newspaper of general circulation published in the City, in its issue of July 24, 2016, as evidenced by the certificate of the publisher attached hereto as Exhibit B. 6. A true copy of the Ordinance has been authenticated by the signatures of the President of the Enterprise and myself as Secretary thereof, sealed with the seal of the Enterprise, and numbered and recorded in a book marked “Ordinance Record” kept for that purpose in my office. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins, Colorado, Wastewater Utility Enterprise this ___ day of _____, 2016. _____________________________ Secretary (ENTERPRISE SEAL) City of Fort Collins, Colorado, Wastewater Utility Enterprise Exhibit A (Attach certificate of publication of Ordinance after first reading) Exhibit B (Attach certificate of publication of Ordinance after final passage) 2.2 Packet Pg. 58 Attachment: Ordinance No. 006, 2016 (4634 : SR 006 2016 WWUE Sewer Refunding Bonds) City 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 July 19, 2016 Revised 07/19/16 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring August 2, 2016, as Neighborhood Night Out. B. Proclamation Declaring July as Smart Irrigation Month. Regular Meeting will begin after the Wastewater Utility Enterprise Meeting, which begins at 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 June 21, 2016, Regular Council Meeting. The purpose of this item is to approve the minutes from the June 21, 2016, Regular Council meeting. 2. Second Reading of Ordinance No. 083, 2016, Approving a Revision to the Airport Operating Budget and Appropriating Reserves in the Airport Fund for the Northern Colorado Regional Airport to Complete the Strategic Plan Goals. This Ordinance, unanimously adopted on First Reading on July 5, 2016, approves an amendment to the 2016 Airport operating budget and appropriates funds from the Airport Fund to initiate work associated with the Airport Strategic Plan. The 2016 Airport operating budget will be amended to authorize expenditure of the total amount of $165,000 from the Airport Fund. The City of Fort Collins will appropriate 50% ($82,500) of the total $165,000 request, and the City of Loveland will be providing the other half of the appropriation. This appropriation is needed as the funding resources were not included in the adopted 2016 Airport Budget approved by Council and expenditure of additional funds not included in the Budget requires City Council appropriation as outlined in the current Intergovernmental agreement between the Cities. 3. Second Reading of Ordinance No. 084, 2016, Appropriating Prior Year Reserves in the Data and Communications Fund for Implementation of Electronic Plan Review. This Ordinance, unanimously adopted on First Reading on July 5, 2016, appropriates funds from the reserves of the Data and Communications Fund for implementation of electronic plan review as part of the building permit and development review process. 4. Second Reading of Ordinance No. 087, 2016, Designating the Leo and Hilda Ritter Property, 720 West Oak 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 July 5, 2016, designates the Leo and Hilda Ritter property located at 720 West Oak Street as a Fort Collins Landmark. The owners of this property, Margaret M. Kool Dunn and Robert Louis Dunn 3rd, are initiating this request. 5. First Reading of Ordinance No. 089, 2016, Appropriating Unanticipated Grant Revenue in the General Fund and Transferring Funds from the Community Development and Neighborhood Services Operating Budget in the General Fund to the Restorative Justice Grant Project. The purpose of this item is to appropriate grant revenue to fund Restorative Justice Services within Community Development and Neighborhood Services (CDNS). A grant in the amount of $56,192 has been received from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund for the continued operation of Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) for all other offenses. Required match is $18,731, which is 25% of the total grant (total grant = state funds $56,182 + match $18,731). The match requirement will be met by transferring $9,646 in appropriated funds from the CDNS operating budget designated for restorative justice to the grant project, and by a $9,085 match designated in the form of office space provided by the City for grant funded services. The grant period for is July 1, 2016 to June 30, 2017. This is the third year in a 3-year cycle for the Juvenile Diversion grant. 6. First Reading of Ordinance No. 085, 2016, Amending Sections 26-98 and 26-128 of the Code of the City of Fort Collins Regarding Fire Sprinkler Systems for Single Family Attached Homes. The purpose of this item is to create a new rate class to accommodate the short-term high flow rate water service demands for single family attached homes with residential fire suppression systems City of Fort Collins Page 4 and to make related changes regarding water meter requirements and installation. Changes to the International Residential Code adopted by the City in 2014 increased the short-term high flow rate water service demands for single family attached homes (such as townhomes and condominiums) due to the inclusion of residential fire suppression systems. Staff is proposing that a new rate class be created in order to accommodate these demands and to make related changes regarding water meter requirements and the installation related to fire sprinkler systems for single family attached homes. 7. Items Relating to the Majestic Place Annexation. A. Resolution 2016-051 Setting Forth Findings of Fact and Determinations Regarding the Majestic Place Annexation. B. Public Hearing and First Reading of Ordinance No. 090, 2016, Annexing the Property Known as the Majestic Place Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 19.93 acres located at 2150 Rock Castle Lane (southeast of Timberline Road and Trilby Road) which is presently vacant. The Initiating Resolution was adopted on June 7, 2016. The property is located within the Fossil Creek Reservoir Area Plan. A related item to zone the annexed property is presented as the next item on this Agenda. 8. Public Hearing and First Reading of Ordinance No. 091, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Majestic Place Annexation to the City of Fort Collins, Colorado. This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. The purpose of this item is to zone the property included in the Majestic Place Annexation, located at 2150 Rock Castle Lane (southeast of Timberline Road and Trilby Road), into the Urban Estate zone district. 9. First Reading of Ordinance No. 092 , 2016, Authorizing the Conveyance of a Permanent Utility Easement and a Temporary Construction Easement on City Property at the Northern Colorado Regional Airport to the City of Loveland. The purpose of this item is to authorize the conveyance of a permanent utility easement and a temporary construction easement to the City of Loveland at the Northern Colorado Regional Airport. The City of Fort Collins and the City of Loveland each own a 50% interest in the Airport property. The City of Loveland is extending its electrical service to this area. The proposed permanent easement area borders Boyd Lake Avenue and County Road 30 and the temporary construction easement is along the easement on County Road 30. 10. Resolution 2016-052 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Hearing Officer Decision Denying the Maple Mixed Use Project Development Plan, PDP 150025. The purpose of this item is to make Findings of Fact and Conclusions regarding the appeal of the Hearing Officer decision to deny the 320 Maple Mixed Use Project Development Plan. The appeal was heard by City Council on July 12, 2016. 11. Resolution 2016-053 Approving Fort Fund Grant Disbursements. The purpose of this item is to approve Fort Fund grants from the Cultural Development and Programming and Tourism Programming Accounts for the selected community and tourism events based upon the recommendations of the Cultural Resources Board. City of Fort Collins Page 5 12. Resolution 2016-054 Approving the 2016 Certification to the Larimer County Assessor Pursuant to C.R.S. Section 31-25-807(3)(a)(IV)(B) for the Downtown Development Authority Property Tax Increment. The purpose of this item is to certify to the Larimer County Assessor the percentages of property tax distributions that are to be allocated for the Downtown Development Authority by the Assessor as tax increment from the 2016 property taxes payable in 2017 to the City and to all other affected taxing entities. 13. Resolution 2016-055 Setting for August 16, 2016, a Noticed Public Hearing for the City Council’s Consideration of an Ordinance Authorizing the Organization of the Midtown Business Improvement District. (WITHDRAWN FROM TONIGHT’S AGENDA – WILL BE CONSIDERED ON JULY 26, 2016) The purpose of this item is to consider the adoption of a resolution setting a public hearing date for August 16, 2016 to consider the formation of a Business Improvement District within Midtown Fort Collins. Adoption of the Resolution only sets the public hearing date for consideration of this matter. 14. Resolution 2016-056 Recognizing and Supporting the City's Culture and Health in Order to Join the Healthy Eating and Active Living Cities & Towns Campaign and Fulfill the Requirements for the Kaiser Permanente Walk & Wheel Colorado Grant Awarded to the City in 2014. The purpose of this item is to consider a resolution in support of the City’s culture of health. The City’s FCMoves Department was awarded a Kaiser Permanente Walk & Wheel grant to fund bicycle safety education and outreach, Open Streets events, bicycle and pedestrian data collection, an update to and printing of the Fort Collins bicycle map, and the development of the Fort Collins Bike Share Business Plan. Joining the HEAL Cities & Towns Campaign of LiveWell Colorado by adopting this resolution fulfills Kaiser’s expectations for grant recipients. END CONSENT CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. STAFF REPORTS COUNCILMEMBER REPORTS CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS City of Fort Collins Page 6 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. 15. Second Reading of Ordinance No. 082, 2016, Appropriating Proceeds from the Issuance of City of Fort Collins, Colorado, Wastewater Utility Enterprise, Sewer Revenue Refunding Bonds, Series 2016A, in the Maximum Aggregate Principal Amount of $21,900,000 in the Wastewater Utility Fund. (staff: Mike Beckstead; no staff presentation; 3 minute discussion) This Ordinance, adopted on First Reading on July 5, 2016 by a vote of 6-0 (Horak recused) appropriates the proceeds from the Revenue Refunding Bond, series 2016A, for the purpose of refinancing the callable portion of the 2009A Revenue Bonds. Proceeds will be used to pay off callable bonds as well as pay for cost of issuance fees. The proceeds from the original 2009A bonds of $30.7 million were used to make improvements to the Mulberry Water Reclamation Facility. Savings are anticipated to be $2.4 million. 16. Second Reading of Ordinance No, 081, 2016, Appropriating Prior Year Reserves in the General Fund for 2016 Projects Associated with the 2020 Climate Action Plan (CAP) Strategic Plan. (staff: Jeff Mihelich, Mike Beckstead, Kevin Gertig; 15 minute staff presentation; 1 hour discussion) This Ordinance, unanimously adopted on First Reading on June 21, 2016, appropriates funding from the prior year reserves in the General Fund to implement two initiatives outlined in the Draft 2020 Climate Action Plan (CAP) Strategic Plan. First, the Ordinance appropriates $85,000 accumulated during 2015 and 2016 in the Waste Innovation Fund account into the City’s General Fund account to initiate the Municipal Green Waste (Composting) Site Initiative. Second, based on direction at First Reading, the Ordinance also appropriates $1,460,000 from the General Fund to provide energy efficiency rebates for the business community ($1.37M) and the Efficiency Works Neighborhoods Pilot ($0.09M) through 2016. 17. Second Reading of Ordinance No. 088, 2016, Designating the Coy Farmstead Barn and Milk House Located on the Woodward Technology Center Subdivision as Individual Fort Collins Landmarks pursuant to Chapter 14 of the Code of the City of Fort Collins. (staff: Karen McWilliams, Laurie Kadrich; no staff presentation; 45 minute discussion) This item has been treated as a quasi-judicial matter and will be considered in accordance with the procedures established by the Mayor, with the consent of the Council, as described in Section 1(e) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. This Ordinance, adopted on First Reading by a vote of 6-1 (Nays: Cunniff), designates the Coy Farmstead, located on the Woodward Technology Center property, as a Fort Collins Landmark. The Coy Farmstead currently consists of an 1866 stone and timber barn and a c.1900 brick milk house. Two historic silos associated with the property were recently removed. City of Fort Collins Page 7 Non-substantive changes to Section 6 of the Ordinance adopted on First Reading were made to clarify the meaning of the language. 18. First Reading of Ordinance No. 093, 2016, Amending the City Code Pertaining to the Disposition of Tangible Personal Property. (staff: Wendy Williams; 5 minute staff presentation; 20 minute discussion) The purpose of this item is to amend the City Code to eliminate the current provisions pertaining to disposition of tangible personal property and replace with a reference to administrative procedures. The disposition of lost, abandoned, unclaimed or unattended tangible personal property found within a natural area, park, trail, other outdoor City property, and within a City facility will be governed by administrative policies adopted by the City Manager and on file in the City Clerk’s Office. The disposition of firearms, illegal property, identification documents, financial transaction devices, computers or electronic items that store personal identification information will be governed by Fort Collins Police Services Standard Operating Procedures. 19. First Reading of Ordinance No. 094, 2016, Appropriating Prior Year Reserves in the Capital Expansion Fund for Transfer to the Capital Projects Fund and the Cultural Services and Facilities Fund for the Art in Public Places Program for the Southeast Community Park. (staff: Craig Kisling, Kurt Friesen; 10 minute staff presentation; 15 minute discussion) The purpose of this item is to request appropriations for the Southeast Community Park Project in the amount of $1.6M from the Community Parkland Capital Expansion Reserves. The park is currently under construction and scheduled to open in 2017. An additional appropriation is needed to fully fund the park as designed. 20. Resolution 2016-057 Appointing Two City Representatives to the Larimer County Housing Affordability Working Group. (staff: Sue Beck-Ferkiss, Jackie Kozak-Thiel; no staff presentation; 5 minute discussion) The purpose of this item is to appoint two City representatives to serve on a working group convened by the Larimer Board of County Commissioners to pursue local, regional, and state-level solutions to make housing more affordable in Larimer County. CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS OTHER BUSINESS (Motions were reordered) A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.) B. Consideration of a motion to cancel the August 2, 2016 Regular Council Meeting for Neighborhood Night Out. C. Consideration of a motion to adjourn to 6:00 p.m., Tuesday, July 26, 2016. ADJOURNMENT City of Fort Collins Page 8 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, the first Tuesday night in August is celebrated across the nation as National Night Out; and WHEREAS, the City of Fort Collins, in conjunction with the national event, sponsors a unique community building program on August 2 2016 called “Neighborhood Night Out;” and WHEREAS, Neighborhood Night Out provides an exceptional opportunity for residents throughout the city to join their neighbors in promoting community and safe neighborhoods; and WHEREAS, the City of Fort Collins plays a vital role in assisting with neighborhood community building, crime prevention and quality of life enhancement within Fort Collins by supporting “Neighborhood Night Out”; and WHEREAS, it is essential that all citizens of Fort Collins be aware of the importance that their participation can have on the safety and enjoyment of their neighborhood; and WHEREAS, I, along with the entire City Council, encourage Fort Collins residents to help make our community a safe and enjoyable place to live, work and play. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim Tuesday, August 2, 2016, as NEIGHBORHOOD NIGHT OUT IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 19th day of July, A.D. 2016. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 9 PROCLAMATION WHEREAS, the City of Fort Collins recognizes water is a finite resource that is vital to human life and that well-maintained green spaces are important to the health and well-being of communities and individuals; and WHEREAS, appropriate irrigation technology, combined with best practices, can significantly reduce water usage and runoff while creating healthy lawns, landscaping, and sports turf; and WHEREAS, appropriate irrigation technology, combined with best practices, can significantly improve water-use efficiency and reduce runoff while achieving greater agricultural yields per acre foot of water used; and WHEREAS, July is a peak month for the use of water for irrigation; and WHEREAS, City of Fort Collins Water Conservation Department encourages all residents to conserve water and responsibly use water inside and outdoors during the summer season. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby declare July to be SMART IRRIGATION MONTH to recognize the advances in irrigation technology and practices that help raise healthy plants and increase crop yields while using water more efficiently and to encourage the adoption of smart irrigation practices to further improve water-use efficiency in agricultural, residential and commercial activities. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 19th day of July, A.D. 2016. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 10 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Wanda Winkelmann, City Clerk SUBJECT Consideration and Approval of the Minutes of the June 21, 2016, Regular Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the June 21, 2016, Regular Council meeting. ATTACHMENTS 1. June 21, 2016 (PDF) 1 Packet Pg. 11 City of Fort Collins Page 15 June 21, 2016 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM ROLL CALL PRESENT: Stephens, Overbeck, Troxell, Cunniff, Horak ABSENT: Martinez, Campana Staff Present: Atteberry, Daggett, Winkelmann AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated the agenda has been amended under Other Business to add the consideration of a motion to request the City Manager’s 2017-2018 recommended budget include $2.25 million in funding for I-25 improvements. He read a statement regarding the purpose and goals of Outreach Fort Collins. CITIZEN PARTICIPATION Deborah (no last name given) opposed the manual meter reading charge for the new Smart Meters and requested Fort Collins Utilities provide more financial transparency. Lynn Barker thanked Council for opening the bathroom on Linden Street and commended the Pride Month presentation. Jimena Sagas, Human Relations Commission, thanked Council for the Pride Month proclamation. Deborah James thanked Council for reopening the bathroom on Linden and requested the placement of additional trash cans in the area. Anne Cleary discussed an email she wrote regarding honesty in communications by the City. Specifically, she discussed the City Forester's opinion regarding salvaging the tree and wall in her yard near Prospect and College. Cheryl Distaso, Fort Collins Homeless Coalition, thanked Council for reopening the bathroom on Linden and discussed the importance of using the venue at City Council meetings for citizens to speak to their elected representatives. Kevin Harper commented on a lack of public process regarding eminent domain proceedings. William Montgomery commented on the vagueness of law and discussed the court process. Carol Miller discussed eminent domain in the context of the City's efforts regarding train horn noise and dealings with the Federal Railroad Administration. 1.1 Packet Pg. 12 Attachment: June 21, 2016 (4633 : minutes-6/21) June 21, 2016 City of Fort Collins Page 16 CITIZEN PARTICIPATION FOLLOW-UP Councilmembers Overbeck and Cunniff requested follow-up to Mr. Harper, Ms. Cleary, and Ms. Miller’s comments. Jeff Mihelich, Deputy City Manager, replied questions regarding design adjustments for the Prospect and College intersection will be addressed in the AIS when Council considers the topic at its July 5 meeting. Councilmember Cunniff asked if Council will receive information regarding comparable outreach for the Horsetooth/Timberline and Harmony/College designs. Laurie Kadrich, Planning, Development and Transportation Director, replied staff’s assessment is that a similar process was used for those intersections and this process has involved more outreach. Councilmember Cunniff asked if the Smart Meter program went through a standard public Council process. City Manager Atteberry replied in the affirmative. Councilmember Cunniff requested additional feedback from Mr. Montgomery regarding his concerns. Mayor Pro Tem Horak noted there were a number of public discussions regarding the Smart Meter program. Councilmember Stephens thanked Ms. Sagas from the Human Relations Committee for her comments and thanked the Mayor for the Pride Month proclamation. She asked how the illicit activities which initially closed the bathrooms on Linden will be addressed. Mihelich replied there were challenges with chronic illegal activities with the bathroom and significant modifications have been made to make it safer and more visible. Restrooms at Remington and Oak are also being modified and expanded. Mayor Pro Tem Horak asked if the downtown restrooms will be open 24 hours. Mihelich replied that will be examined. CONSENT CALENDAR Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt and approve all items on the Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Stephens, Overbeck, Troxell, Cunniff, Horak ABSENT: Martinez, Campana 1. Consideration and Approval of the Minutes of June 7, 2016 Regular Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the June 7, 2016 Regular Council meeting. 1.1 Packet Pg. 13 Attachment: June 21, 2016 (4633 : minutes-6/21) June 21, 2016 City of Fort Collins Page 17 2. Second Reading of Ordinance No. 075, 2016, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund for the Safe Routes to School Program. (Adopted) This Ordinance, unanimously adopted on First Reading on June 7, 2016, appropriates unbudgeted funds received through a grant for the Safe Routes to School (SRTS) program (part of the City’s FC Moves Department). The Colorado Department of Transportation (CDOT) has awarded a $12,960 grant for implementation of new bicycling and walking camps, clubs and field trips at Fort Collins schools. This project requires a 20% local match ($3,240), which will be covered by the SRTS program operating budget. 3. Second Reading of Ordinance No. 076, 2016, Authorizing the Conveyance of an Access Easement on Topminnow Natural Area to Jerome B. And Darla J. Roselle in Exchange for the Vacation of an Existing Access Easement. (Adopted) This Ordinance, unanimously adopted on First Reading on June 7, 2016, authorizes the conveyance of an access easement to Jerry and Darla Roselle in exchange for an easement from the Roselles, with the consent of the North Poudre Irrigation Company, across the Fossil Creek Inlet Ditch Road on Topminnow Natural Area and the Roselles' property. Both properties are bounded by the Fossil Creek Inlet Ditch. The Natural Areas Department is in the process of acquiring 5-plus acres of land from the Roselles to add to Topminnow Natural Area. The Roselles intend to retain a small parcel of land east of the Ditch, necessitating the need for an access easement. The best physical access is across the Fossil Creek Inlet Ditch Road, which is maintained by North Poudre Irrigation Company within easements it owns on the City and Roselle properties. The parties have proposed to enter into a reciprocal access easement which will formalize the access rights and obligations for each party on the ditch road. The Roselles have also agreed to vacate an existing access easement on the east side of the Natural Area. 4. First Reading of Ordinance No. 077,2016, Appropriating Unanticipated Grant Revenue in the General Fund for the Architectural Survey of the Loomis Addition in the Westside Neighborhood. (Adopted) The purpose of this item is to appropriate unanticipated revenue received through a State Historical Fund grant. The State of Colorado has awarded a $35,000 grant for an architectural survey of the fifteen-block Loomis Addition in the Westside Neighborhood. 5. First Reading of Ordinance No. 078, 2016, Authorizing the Conveyance of a Sewer Line Easement and a Temporary Construction Easement on Running Deer Natural Area to Boxelder Sanitation District in Exchange for the Vacation of an Existing Easement. (Adopted) The purpose of this item is to authorize conveyance of a utility easement and a temporary construction easement to Boxelder Sanitation District on Running Deer Natural Area. Boxelder Sanitation District (BES) provides sanitary sewer service to a portion of Fort Collins residents. An aging and undersized sanitary sewer line that passes through Running Deer Natural Area needs to be replaced to provide for existing and projected residents in their service area. BES and the City have agreed to a realignment of portions of the sewer line and terms to a new easement to minimize the impact to the Natural Area’s vegetation, wildlife and visitors. 6. Resolution 2016-048 Adopting the 2016 Larimer County Multi-Jurisdictional Hazard Mitigation Plan. (Adopted) The purpose of this item is to adopt an updated plan that the City will utilize in its hazard mitigation program. The Federal Emergency Management Agency, in cooperation with the State of Colorado requires plans to be updated periodically. 1.1 Packet Pg. 14 Attachment: June 21, 2016 (4633 : minutes-6/21) June 21, 2016 City of Fort Collins Page 18 7. Resolution 2016-049 Making Fort Collins Appointments to a Joint Ad Hoc Committee with Other Area Water Providers Regarding Regional Water Collaboration. (Adopted) The purpose of this item is to appoint Mayor Pro Tem Gerry Horak, Councilmember Gino Campana, and a manager from the Water Utility to represent the City Council in a joint ad hoc committee of regional water providers. The purpose of the ad hoc committee is to discuss regionalization prospects and further collaboration among water providers. 8. Resolution 2016-050 Making Appointments to the Energy Board. (Adopted) The purpose of this item is to appoint Mohit Chhabra, Alan Braslau, and Lori Nitzel to the Energy Board to fill board vacancies which currently exist due to a December 31, 2015, term expiration that was never filled and the resignations of Michael Doss and Bob McDonald. END CONSENT STAFF REPORTS Nancy Dragani, Federal Emergency Management Agency (FEMA) Region VIII Deputy Regional Administrator, presented an award to Fort Collins for achieving a Class 2 rating in the National Flood Insurance Program Community Rating System. Mayor Troxell and Mayor Pro Tem Horak discussed the history of floodplain and stormwater management in the city. City Manager Atteberry commended staff work and collaboration among City departments. Joe Olson, Traffic Engineer, discussed the reduction in blockages at the railroad crossing at Lemay and Riverside and stated a pilot project involving variable messaging signs is planned for later in the year. Councilmember Overbeck asked if there is any type of program which could involve collaboration with smart phones and mobile map services. Olson replied that is not part of the pilot project; however, the City is working on an open data program regarding traffic data. Councilmember Cunniff asked if the City is allowed to regulate railroad switching operations to any extent. City Attorney Daggett replied staff will look into that issue and respond. COUNCILMEMBER REPORTS Councilmember Cunniff reported on his experience with the new boards and commissions periodic review process with the Transportation Board. Councilmember Stephens reported on the Neighbor to Neighbor Youth Showcase at Coachlight Plaza and the Municipal Court’s Special Agency Session. Mayor Pro Tem Horak reported on the West Elizabeth Enhanced Travel Corridor open house and the visit by the Federal Railroad Administrator. Mayor Troxell reported on the Federal Railroad Administrator visit and the ground blessing for the Harmony Cottages affordable housing project. He discussed Biz Girls Demo Day, a partnership among a number of entities providing the opportunity for teenage girls to design and 1.1 Packet Pg. 15 Attachment: June 21, 2016 (4633 : minutes-6/21) June 21, 2016 City of Fort Collins Page 19 pitch a business idea and reported on the virtual air tower project for the Northern Colorado Regional Airport. DISCUSSION ITEMS 9. Items Relating to Proposed Outdoor Vendor Requirements. (Adopted as Amended on First Reading) A. First Reading of Ordinance No. 079, 2016, Amending Article XIV of Chapter 15 of the Code of the City of Fort Collins Regarding Outdoor Vendors. B. First Reading of Ordinance No. 080, 2016, Amending Articles 3, 4 and 5 of the Land Use Code Regarding Outdoor Vendors. The purpose of this item is to amend the City Code and Land Use Code to update property owner and outdoor vendor requirements. The intent of the original 2012 Code provisions for outdoor vendor operations was to manage a mobile operation and address specific mobile vendor impacts and requirements as a temporary, accessory land use. The proposed changes clarify and distinguish between two primary outdoor vending operations, mobile and stationary, including land use locational requirements for vending on privately-owned lots. Pete Wray, Senior Planner, stated the first ordinance addresses proposed changes to the City Code for outdoor vendor licensing requirements and the second ordinance includes proposed changes to the Land Use Code for locational land use and zoning requirements. Wray discussed the community outreach process and resulting responses, most of which did not support additional outdoor vendor requirements and did not support additional separation requirements. Proposed changes for mobile vending including restricting the total vending hours at the same location to ten per day; no more than three days per calendar week at the same location; and not allowing vehicles to be left unattended for any reason other than short breaks or overnight. For stationary vending, proposed changes include a new administrative review process requiring a minor amendment of the original approved plans for a specific property; not allowing vehicles to be left unattended unless they are owned by the principal business or property owner; and not allowing stationary vending in the downtown core. The Planning and Zoning Board provided a recommendation to support new Land Use Code definitions for mobile and stationary vending and to provide a new administrative process for stationary vending. The Board did not support additional requirements for mobile vending. Sara Gilman, Umami Mobile Eatery owner, discussed the growing food truck culture and opposed the proposed changes, noting the survey results show the same opposition. Taylor Smith, Silver Seed Food Truck owner, thanked staff for transparency with this process but opposed the proposed changes stating these changes provide a solution where there is no problem. Councilmember Overbeck requested additional information regarding the three-day rule. Wray replied the basic mobile vending provisions would allow a vendor at the same location for up to three days in a calendar week. For the remaining four days of that week, no vending would be allowed at that location. Councilmember Overbeck asked if it will be difficult for multiple City departments to ensure compliance with the proposed regulations. Wray replied staff does not believe that will be 1.1 Packet Pg. 16 Attachment: June 21, 2016 (4633 : minutes-6/21) June 21, 2016 City of Fort Collins Page 20 difficult. Outdoor vending has been managed primarily out of the Sales Tax Department for licensing compliance, the Zoning Department for Land Use Code compliance, and the Building Department for safety compliance. Councilmember Overbeck noted the AIS states the Finance Department does not have the necessary resources in place to provide a more active compliance management role and issues will be addressed on a complaint basis. He asked how many citations can be issued prior to a business losing its license. Peggy Streeter, Sales Tax Department, replied no licenses have been revoked to this point and offenses are addressed on a case-by-case basis. The Code does not address a specific number of citations. Councilmember Overbeck expressed concern regarding the lack of specific clarity around citations. He asked why the Economic Board has not been consulted. Wray replied the changes involve licensing provisions and zoning locational requirements which would primarily involve the Planning and Zoning Board. Councilmember Overbeck discussed the economic benefit of food trucks to the community and stated that benefit should have been mentioned and addressed in terms of regulations. He asked about the possibility of a lottery system for locations. Wray replied staff has not looked at a lottery system and noted vendors regularly communicate in terms of rotating through key locations. Councilmember Stephens asked if all vendors are required to return to a commissary kitchen on a daily basis. Wray replied in the affirmative, noting that is a state and county health requirement. Mayor Troxell asked if the three-day requirement relates to the vendor or the site. Wray replied the provision would allow one vendor to occupy a single location for three days of a calendar week and the remaining four days would not allow any vending, unless stationary vending is approved for the site. This would place more responsibility on the property owners to monitor vending activity on their property. Mayor Troxell asked what the Planning and Zoning Board recommended for approval. Wray replied the Board agreed to forward a recommendation on the Land Use Code changes only for limited additions and revisions for new definitions and the requirement for a minor amendment for stationary vending. It did not support the additional mobile vending requirements for hours per day and days per week, nor did it support the restriction on stationary vending in the downtown zone. The Board also did not forward a recommendation regarding the City Code changes. Councilmember Cunniff asked if mobile vending would be permitted in residential zone districts. Wray replied there are several outdoor vendor licenses, one of which allows for neighborhood vending. The stationary vending license would allow vending in all non-residential zones except for the downtown zone. Councilmember Cunniff asked if the mobile vendors in neighborhoods can stay stationary for any period of time. Streeter replied those vendors can only stop for 15 minutes at a time. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 079, 2016, on First Reading. 1.1 Packet Pg. 17 Attachment: June 21, 2016 (4633 : minutes-6/21) June 21, 2016 City of Fort Collins Page 21 Mayor Pro Tem Horak acknowledged vendor concerns but supported the proposed changes as being reasonable and rational. Councilmember Overbeck requested additional clarity regarding the citation process and consequences for non-compliance prior to Second Reading. Councilmember Stephens supported the food truck industry and suggested a twelve hour vending day rather than ten hours. Mayor Pro Tem Horak and Councilmember Cunniff accepted the twelve hour limit as a friendly amendment. RESULT: ORDINANCE No. 079, 2016, ADOPTED AS AMENDED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Stephens, Overbeck, Troxell, Cunniff, Horak ABSENT: Martinez, Campana Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 080, 2016, on First Reading. RESULT: ORDINANCE NO. 080, 2016, ADOPTED AS AMENDED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Stephens, Overbeck, Troxell, Cunniff, Horak ABSENT: Martinez, Campana 10. First Reading of Ordinance No, 081, 2016, Appropriating Prior Year Reserves in the General Fund for 2016 Projects Associated with the 2020 Climate Action Plan (CAP) Strategic Plan as Part of the Waste Innovation Program. (Adopted as Amended on First Re) The purpose of this item is to appropriate $85,000 accumulated during 2015 and 2016 in the Waste Innovation Fund account into the City’s General Fund account to initiate the Municipal Green Waste (Composting) Site Initiative outlined in the Draft 2020 Climate Action Plan (CAP) Strategic Plan. At First Reading, staff will also update Council on the remaining two initiatives (of 7) that were discussed at the March 10, 2016 Work Sessions related to the 2020 CAP Strategic Plan. During that Work Session, staff committed to further vetting 3 of the 7 initiatives, with special consideration toward the larger financial impact of those initiatives. On these two remaining initiatives, staff will highlight a change in the funding source for solar incentives and rebates, allowing this initiative to move forward, and a recommendation to postpone consideration of the energy efficiency funding for approximately 60-90 days. The postponement of the energy efficiency funding will allow staff to evaluate the supplemental 2016 funding in the larger context of the Light and Power Capital Improvement Plan (CIP), Long Term Financial Plan, and 2017-2018 Budgeting for Outcomes funding needs (August/September timeframe) to help balance and inform decisions to address both the critical Utilities infrastructure and advance CAP priorities. Deputy City Manager Jeff Mihelich discussed the outline for the City's 2020 goals. 1.1 Packet Pg. 18 Attachment: June 21, 2016 (4633 : minutes-6/21) June 21, 2016 City of Fort Collins Page 22 Kevin Gertig, Utilities Executive Director, discussed the Energy Efficiency Incentives Program success and stated this item would move forward $1.46 million in additional funding to fulfill the expected funding gap for the remainder of 2016 based on unprecedented activity in the program. Mike Beckstead, Chief Financial Officer, discussed the City's budget for renewables, energy efficiency and rebate programs. Mihelich discussed the Municipal Green Waste initiative. Fred Kirsch, Community for Sustainable Energy, supported funding the Commercial Energy Efficiency Program but encouraged a full vetting of the program's success. Mike Truitt supported the commercial lighting program and commended its success. He supported solar funding and noted the programs coincide with peak demand. Doug Henderson, 350 Colorado, supported funding energy efficiency efforts. Kevin Cross, Fort Collins Sustainability Group, supported funding energy efficiency initiatives in 2016. Hunter Buffington, Fort Collins Sustainability Group, supported funding energy efficiency initiatives in 2016. Janice Lynn discussed the need for a sense of urgency in dealing with climate change and urged Council to move forward. Elizabeth Hudetz discussed the climate crisis and supported funding energy efficiency initiatives in 2016. (Secretary's Note: The Council took a brief recess at this point in the meeting.) Councilmember Cunniff commended the citizen participation in climate efforts. He asked if the remaining General Fund reserves will be sufficient should the $750,000 appropriation occur. Beckstead replied there is $6.7 million unassigned in the General Fund. Councilmember Cunniff stated the City Attorney has developed language changes, per his request, to utilize General Fund dollars for the appropriation. Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 081, 2016 as amended, on First Reading. He read the proposed language changes. Mayor Pro Tem Horak discussed the use of Utilities funds and stated rates in Fort Collins are very low. Mayor Troxell asked about funding from the General Fund versus a combination with Light and Power funds. Beckstead replied utilizing General Fund dollars will limit future choices; however, that is supported by staff. 1.1 Packet Pg. 19 Attachment: June 21, 2016 (4633 : minutes-6/21) June 21, 2016 City of Fort Collins Page 23 Councilmember Stephens asked about the $90,000 for the Efficiency Works Neighborhoods pilot. John Phelan, Utilities Energy Services Manager, replied that project serves existing residential homes providing a streamlined process for efficiency and solar upgrades. City Manager Atteberry discussed the commitment of staff and the City organization to the Climate Action Plan and noted there are competing demands in the upcoming budget. Mayor Troxell asked about leveraging on various programs. Phelan replied it is three to five times leveraging with customer investment. RESULT: ORDINANCE NO. 081, 2016, ADOPTED AS AMENDED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Bob Overbeck, District 1 AYES: Stephens, Overbeck, Troxell, Cunniff, Horak ABSENT: Martinez, Campana OTHER BUSINESS Consideration of a motion requesting the City Manager Recommended 2017-2018 Budget include funding in the amount of $2.25 million for I-25 improvements. Mayor Pro Tem Horak discussed the need for the additional $250,000 pledge to keep the application moving forward for a third I-25 lane. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, that the City Manager include the funding amount of $2.25 million for I-25 improvements in his recommended 2017-2018 budget. Mayor Troxell thanked Mayor Pro Tem Horak for his work on the North Front Range Metropolitan Planning Organization and encouraged solicitation of other communities for monetary commitments. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Stephens, Overbeck, Troxell, Cunniff, Horak ABSENT: Martinez, Campana 1.1 Packet Pg. 20 Attachment: June 21, 2016 (4633 : minutes-6/21) June 21, 2016 City of Fort Collins Page 24 ADJOURNMENT The meeting adjourned at 8:55 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.1 Packet Pg. 21 Attachment: June 21, 2016 (4633 : minutes-6/21) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Jason Licon, Airport Director Mike Beckstead, Chief Financial Officer SUBJECT Second Reading of Ordinance No. 083, 2016, Approving a Revision to the Airport Operating Budget and Appropriating Reserves in the Airport Fund for the Northern Colorado Regional Airport to Complete the Strategic Plan Goals. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 5, 2016, approves an amendment to the 2016 Airport operating budget and appropriates funds from the Airport Fund to initiate work associated with the Airport Strategic Plan. The 2016 Airport operating budget will be amended to authorize expenditure of the total amount of $165,000 from the Airport Fund. The City of Fort Collins will appropriate 50% ($82,500) of the total $165,000 request, and the City of Loveland will be providing the other half of the appropriation. This appropriation is needed as the funding resources were not included in the adopted 2016 Airport Budget approved by Council and expenditure of additional funds not included in the Budget requires City Council appropriation as outlined in the current Intergovernmental agreement between the Cities. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 5, 2016 (w/o attachments) (PDF) 2. Ordinance No. 083, 2016 (PDF) 2 Packet Pg. 22 Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY July 5, 2016 City Council STAFF Jason Licon, Airport Director Mike Beckstead, Chief Financial Officer SUBJECT First Reading of Ordinance No. 083, 2016, Approving a Revision to the Airport Operating Budget and Appropriating Reserves in the Airport Fund for the Northern Colorado Regional Airport to Complete the Strategic Plan Goals. EXECUTIVE SUMMARY The purpose of this item is to approve an amendment to the 2016 Airport operating budget and appropriate funds from the Airport Fund to initiate work associated with the City Council approved Airport Strategic Plan. The Northern Colorado Regional Airport Commission has reviewed and approved this request; additionally the City of Fort Collins Council Finance Committee has also been presented with this information. The 2016 Airport operating budget will be amended to authorize expenditure of the total amount of $165,000 from the Airport Fund. The City of Fort Collins will appropriate 50% ($82,500) of the total $165,000 request, and the City of Loveland will be providing the other half of the appropriation. This appropriation is needed as the funding resources were not included in the adopted 2016 Airport Budget approved by Council and expenditure of additional funds not included in the Budget requires City Council appropriation as outlined in the current Intergovernmental agreement between the Cities. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Northern Colorado Regional Airport Commission is working to achieve Strategic Planning goals listed below: • Creation of a financially sustainable business model • Encourage investment from the private sector • Rebrand the Airport and more productively engage the public The three goals focus on strengthening the financial sustainability of the Airport. The Airport’s current approved budget is used to maintain FAA regulatory standards which include general operations and maintenance. The funding request will be used to add an Airport staff member tasked with development and promotion and creation of a communications and marketing plan with focus on rebranding of the Airport. The total cost to achieve said goals for 2016 is $165,000 and will be taken from unappropriated reserves in the Airport Fund. Reserves in the Airport Fund are used for capital projects that require Federal and State grant matches and general maintenance and repair of infrastructure ineligible for grant funding. The unassigned balance of the Airport Fund is currently $1.7 million, and use of the fund is restricted for Airport needs. Since 2011 the Airport Fund has been used to leverage $13 million in Federal and State grants. These grants are used to maintain Airport infrastructure such as runways and taxiways and for equipment necessary for regulatory requirements ATTACHMENT 1 2.1 Packet Pg. 23 Attachment: First Reading Agenda Item Summary, July 5, 2016 (w/o attachments) (4636 : SR 083 Airport appropriation) Agenda Item 4 Item # 4 Page 2 and operational safety. The forecasted expenditures from reserves in the Airport Fund are $1.1 million through 2021. This includes grant match forecasts and planned projects that are ineligible for Federal or State grant funding. The Northern Colorado Regional Airport Commission desires to move forward with this request to enable continued progress on achievement of Strategic Plan goals. The achievement of these goals will create additional funding streams for the Airport including an increase in FAA funding resources and positive regional economic impact. CITY FINANCIAL IMPACTS This initiative has a bottom line impact of $165,000 to reserves held in the Airport Fund, and ongoing impacts will be included in the 2017 and 2018 Airport budget. The Airport Fund unencumbered balance is approximately $1.7 million and has been used historically to provide matching funds that leverage Federal and State grants. The Loveland City Council is also being asked to appropriate the 50% match of $82,500. BOARD / COMMISSION RECOMMENDATION At its June 20, 2016, meeting, the Council Finance Committee recommended this move forward on consent provided the AIS addresses the questions raised during the Finance Committee meeting. ATTACHMENTS 1. Council Finance Committee presentation, June 20, 2016 (PDF) 2.1 Packet Pg. 24 Attachment: First Reading Agenda Item Summary, July 5, 2016 (w/o attachments) (4636 : SR 083 Airport appropriation) -1- ORDINANCE NO. 083, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A REVISION TO THE AIRPORT OPERATING BUDGET AND APPROPRIATING RESERVES IN THE AIRPORT FUND FOR THE NORTHERN COLORADO REGIONAL AIRPORT TO COMPLETE THE STRATEGIC PLAN GOALS WHEREAS, in 1963, the City of Fort Collins and the City of Loveland (the “Cities”) agreed to establish a regional general aviation facility and became owners and operators of the Fort Collins-Loveland Municipal Airport, now known as the Northern Colorado Regional Airport (the “Airport”); and WHEREAS, the Airport is operated as a joint venture between the Cities, with each city retaining a 50% ownership interest, sharing equally in policy-making and management, and each assuming responsibility for 50% of the Airport’s capital and operating costs; and WHEREAS, pursuant to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport dated January 22, 2015, and the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport, now known as the Northern Colorado Regional Airport (the “IGA”), the Airport Manager is responsible for preparing the Airport’s annual operating budget and submitting it to the Cities for their approval; and WHEREAS, under the IGA, the City’s share of existing and unanticipated Airport revenue is to be held and disbursed by the City of Loveland as an agent on behalf of the Cities, since the City of Loveland provides finance and accounting services for the Airport; and WHEREAS, under the IGA, each City’s share of the Airport‘s annual operating budget and the Airport capital improvement plan shall be appropriated by each City and transferred or otherwise paid into the designated account to be used for Airport funding on an annual basis; and WHEREAS, on November 17, 2015, City Council adopted Ordinance No. 135, 2015, adopting the 2016 Airport Budget and appropriating the City’s share of that Budget; and WHEREAS, in accordance with Article V, Section 8(b), of the City Charter, any expense or liability entered into by an agent of the City on behalf of the City, shall not be made unless an appropriation for the same has been made by the City Council; and WHEREAS, the Airport Manager has submitted for City Council consideration a request to increase the 2016 Airport Budget by a total of $165,000 to fund work associated with the City Council approved Airport Strategic Plan to add a staff person tasked with development and promotion and creation of a communications and marketing plan with a focus on rebranding of the Airport (the Project); and WHEREAS, pursuant to the IGA, the City of Loveland holds on behalf of both Cities the revenues of, and other financial contributions to, the Airport in a fund, which includes unappropriated and unencumbered, reserves (the “Airport Fund”); and 2.2 Packet Pg. 25 Attachment: Ordinance No. 083, 2016 (4636 : SR 083 Airport appropriation) -2- WHEREAS, in order to fund the increase to the approved 2016 Airport operating budget, the Cities must each appropriate one half of the total increase, or $82,500 each from jointly owned reserves held in the Airport Fund, and Council desires to appropriate that additional amount for the Project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby approves an amendment to the 2016 Airport Budget to increase authorized 2016 expenditures by the total amount ONE HUNDRED SIXTY FIVE THOUSAND DOLLARS ($165,000) to fund the Project. Section 3. That the City Council hereby appropriates reserves in the Airport Fund in the amount of EIGHTY TWO THOUSAND FIVE HUNDRED DOLLARS ($82,500) to be expended on the City’s share of Project. Introduced, considered favorably on first reading, and ordered published this 5th day of July, A.D. 2016, and to be presented for final passage on the 19th day of July, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of July, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 26 Attachment: Ordinance No. 083, 2016 (4636 : SR 083 Airport appropriation) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Tom Leeson, Director, Comm Dev & Neighborhood Svrs SUBJECT Second Reading of Ordinance No. 084, 2016, Appropriating Prior Year Reserves in the Data and Communications Fund for Implementation of Electronic Plan Review. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 5, 2016, appropriates funds from the reserves of the Data and Communications Fund for implementation of electronic plan review as part of the building permit and development review process. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 5, 2016 (w/o attachments) (PDF) 2. Ordinance No. 084, 2016 (PDF) 3 Packet Pg. 27 Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY July 5, 2016 City Council STAFF Tom Leeson, Director, Comm Dev & Neighborhood Svrs SUBJECT First Reading of Ordinance No. 084, 2016, Appropriating Prior Year Reserves in the Data and Communications Fund for Implementation of Electronic Plan Review. EXECUTIVE SUMMARY The purpose of this item is to appropriate funds from the reserves of the Data and Communications Fund for implementation of electronic plan review as part of the building permit and development review process. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION This appropriation request will enable the City of Fort Collins to provide electronic plan review as part of the building permit and the development review process to the community and customers of those processes. Traditionally, plan review processes have required customers of development processes to submit large numbers of construction and development plans to the City for review and comment. The routing and review of these plans is not only environmentally unfriendly, but it is also inefficient, adding unnecessary time to an already complex process. The proposed electronic plan review process at the City will enable: The electronic submittal of plans Electronic routing and review of construction and development plans Automated online access of review comments A significant reduction of paper involved in review processes Greater efficiency in the construction and development review processes Efforts to implement electronic plan submittal and review for building permit applications have been underway over the last two years. Currently, electronic document submittals are accepted on flash drives for all building permit types. By the end of the 3rd quarter of this year, the review of electronic documents for several project types of building permit submittals will be integrated into the City’s building permitting systems. This funding request will allow the City of Fort Collins to expand the service to all building permit types and to the entire development review process. This funding will purchase an Enterprise License Agreement (ELA) for the software that the City uses to manage development and code compliance processes. An ELA will allow the City to more broadly license a larger number of users as plan reviewers, such as Poudre Fire Authority, to the proposed electronic plan review processes. ATTACHMENT 1 3.1 Packet Pg. 28 Attachment: First Reading Agenda Item Summary, July 5, 2016 (w/o attachments) (4637 : SR 084 Electronic Plan Review) Agenda Item 5 Item # 5 Page 2 The funding will allow for the purchase of all of the related technology to equip plan reviewers to efficiently review and mark comments on electronic plans on their PCs. Due to the large scale of construction plans, it is necessary to provide plan reviewers with the larger monitors on the PCs, as well as video displays in conference rooms used to discuss and review plans with internal staff and with customers of the process. Finally, the funding for this offer will provide for a contract with a consultant to adapt the current automated review processes for building permitting and development review. T he consultant will assist the City in the implementation and configuration of the electronic plan review module for the system used by the City. See Attachment 1 for a breakdown of the costs to implement Electronic Plan review. Due to training times and the need to transition efficiently from paper plan review to electronic plan review, it is anticipated that implementation will occur over the next 18 months. Benefits of implementing Electronic Plan review include: The routing and reviewing of electronic documents rather than paper will improve the efficiency of the development review processes. It will reduce the time required for administrative staff to sort and deliver plans to reviewing departments. Provide streamlined collaboration among reviewing departments by centralizing the related documents. Increase accuracy and availability of reporting data, including review times and rounds of review. The move toward a more fully electronic review process, the tracking and measuring of the process will be more readily available. Accomplish a high level of transparency through efficient publication of project documentation. By having process-related documents in a digital form, they are much more readily shared and accessible. The purchase of an Enterprise License Agreement (ELA) will allow the inclusion of more plan reviewers to participate in and electronic plan review process. As well, it will serve to flatten the on ongoing costs associated with the annual maintenance of the software that is used to maintain the building permit, development review, and code compliance activities of the City. CITY FINANCIAL IMPACTS The total cost of implementation is $484,000 (Attachment 1). The funding source is the reserves of the Data and Communications Fund. Future ongoing expenses will increase by a small amount for equipment maintenance and replacement. Electronic Plan Review will result in significant savings in terms of the amount of paper used, as well as staff time due to the increase in efficiency. See Attachment 2 for the staff analysis of savings to the private sector, as well as to the City. PUBLIC OUTREACH Although there was no formal public outreach, designers, developers, and contractors that have been using the current level of electronic plan review have widely praised the City’s efforts to move in this direction and anticipate a wider use for electronic plan review in all aspects of development review. ATTACHMENTS 1. Cost Breakdown (PDF) 2. Electronic Plan Review Savings (PDF) 3.1 Packet Pg. 29 Attachment: First Reading Agenda Item Summary, July 5, 2016 (w/o attachments) (4637 : SR 084 Electronic Plan Review) -1- ORDINANCE NO. 084, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE DATA AND COMMUNICATIONS FUND FOR IMPLEMENTATION OF ELECTRONIC PLAN REVIEW WHEREAS, traditionally the plan review processes has required customers of development processes to submit large numbers of construction and development plans in paper format to the City for review and comment; and WHEREAS, the routing and review of these plans is not only environmentally unfriendly, but it is also inefficient given available technologies; and WHEREAS, the Building Services department of the Community Development and Neighborhood Services area is proposing to implement electronic plan review as part of the building permit and development review process; and WHEREAS, the proposed electronic plan review process will enable the electronic submittal of plans, electronic routing and review of plans and automated online access of review comments, significantly reducing the amount of paper involved in the review processes and allow for overall greater efficiency; and WHEREAS, the estimated cost for the implementation is $484,000; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, Article V, Section 9 of the City Charter also permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from prior year reserves in the Data and Communications Fund the sum of FOUR HUNDRED EIGHTY FOUR THOUSAND DOLLARS ($484,000) for expenditure in the Data and Communications Fund for implementation of electronic plan review as described above. 3.2 Packet Pg. 30 Attachment: Ordinance No. 084, 2016 (4637 : SR 084 Electronic Plan Review) -2- Introduced, considered favorably on first reading, and ordered published this 5th day of July, A.D. 2016, and to be presented for final passage on the 19th day of July, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of July, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.2 Packet Pg. 31 Attachment: Ordinance No. 084, 2016 (4637 : SR 084 Electronic Plan Review) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Karen McWilliams, Historic Preservation Planner SUBJECT Second Reading of Ordinance No. 087, 2016, Designating the Leo and Hilda Ritter Property, 720 West Oak 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 July 5, 2016, designates the Leo and Hilda Ritter property located at 720 West Oak Street as a Fort Collins Landmark. The owners of this property, Margaret M. Kool Dunn and Robert Louis Dunn 3rd, are initiating this request. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 5, 2016, (w/o attachments) (PDF) 2. Ordinance No. 087, 2016 (PDF) 4 Packet Pg. 32 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY July 5, 2016 City Council STAFF Karen McWilliams, Historic Preservation Planner SUBJECT First Reading of Ordinance No. 087, 2016, Designating the Leo and Hilda Ritter Property, 720 West Oak 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 Leo and Hilda Ritter property located at 720 West Oak Street as a Fort Collins Landmark. The owners of this property, Margaret M. Kool Dunn and Robert Louis Dunn 3rd, are initiating this request. The1925 Craftsman-style residence and detached garage are eligible for recognition as a Landmark due to their 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 Leo and Hilda Ritter Property is an excellent example of a Craftsman-style cottage and detached garage. Constructed in 1925, the residence exhibits many character-defining architectural features, including battered columns and piers on the offset front porch, a clipped gable roof, wide overhanging eaves with exposed rafter ends, and the use of natural materials. The detached garage shares a similar, but simplified, version of the same Craftsman style. Alterations to the residence undertaken in 2008 are subordinate with compatible design and materials, and do not adversely impact the building’s overall integrity. The property is located on Block 280 in the Loomis Addition, a subdivision that includes a mixture of architectural forms and influences, many reflecting a vernacular quality. The Ritter Property is located within a row of eight Craftsman-influenced homes on the north side of the 700 block of West Oak Street, retaining the street’s overall historic character and pattern of development. 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 ATTACHMENT 1 4.1 Packet Pg. 33 Attachment: First Reading Agenda Item Summary, July 5, 2016, (w/o attachments) (4638 : SR 087 720 W Oak Landmark Designation) Agenda Item 7 Item # 7 Page 2 The Landmark Preservation Commission (LPC) recommends adoption of the Ordinance on First Reading. At a public hearing held on May 25, 2016, the Landmark Preservation Commission adopted a motion on a vote of 6-0 to recommend that City Council designate the Leo and Hilda Ritter Property as a Fort Collins Landmark in accordance with Municipal Code Chapter 14, based on the property’s significance under Criterion C, and its exterior integrity based upon all seven aspects of integrity. ATTACHMENTS 1. Location map (PDF) 2. Landmark Designation Application and Owner's Consent (PDF) 3. Photos (PDF) 4. Landmark Preservation Commission Resolution 2, 2016 (PDF) 4.1 Packet Pg. 34 Attachment: First Reading Agenda Item Summary, July 5, 2016, (w/o attachments) (4638 : SR 087 720 W Oak Landmark Designation) -1- ORDINANCE NO. 087, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE LEO AND HILDA RITTER PROPERTY, 720 WEST OAK 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 May 25, 2016, the Landmark Preservation Commission (the “Commission”) has determined that the Leo and Hilda Ritter Property located at 720 West Oak 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 owners of the Property have consented to such landmark designation; and WHEREAS, such landmark designation will preserve the Property’s significance to the community; and WHEREAS, the City Council has reviewed the recommendation of the Commission and desires to approve 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 115 FEET OF LOT 24, BLOCK 280, LOOMIS ADDITION, FORT COLLINS 4.2 Packet Pg. 35 Attachment: Ordinance No. 087, 2016 (4638 : SR 087 720 W Oak Landmark Designation) -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 5th day of July, A.D. 2016, and to be presented for final passage on the 19th day of July, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of July, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.2 Packet Pg. 36 Attachment: Ordinance No. 087, 2016 (4638 : SR 087 720 W Oak Landmark Designation) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Perrie McMillen, Restorative Justice Program Coordinator Delynn Coldiron, Neighborhood Services Manager SUBJECT First Reading of Ordinance No. 089, 2016, Appropriating Unanticipated Grant Revenue in the General Fund and Transferring Funds from the Community Development and Neighborhood Services Operating Budget in the General Fund to the Restorative Justice Grant Project. EXECUTIVE SUMMARY The purpose of this item is to appropriate grant revenue to fund Restorative Justice Services within Community Development and Neighborhood Services (CDNS). A grant in the amount of $56,192 has been received from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund for the continued operation of Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) for all other offenses. Required match is $18,731, which is 25% of the total grant (total grant = state funds $56,182 + match $18,731). The match requirement will be met by transferring $9,646 in appropriated funds from the CDNS operating budget designated for restorative justice to the grant project, and by a $9,085 match designated in the form of office space provided by the City for grant funded services. The grant period for is July 1, 2016 to June 30, 2017. This is the third year in a 3-year cycle for the Juvenile Diversion grant. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Restorative Justice Services and its two programs; RESTORE for shoplifting offenses, and RJCP (Restorative Justice Conferencing Program) for all other offenses, has been partially grant funded since its inception in 2000. The Council yearly accepts grant funds from Colorado Division of Criminal Justice to support Restorative Justice Services. This grant helps fund youth referred to the program from the 8th Judicial District Attorney’s Office. Since it began, Restorative Justice Services has provided a restorative justice alternative to more than 2,700 young people who committed chargeable offenses in our community. Restorative Justice is an alternative method of holding a young offender accountable by facilitating a meeting with the offender, the victim/victim representative and members of the community to determine the harm done by the crime, and how to repair the harm. By identifying and repairing the harm caused by the crime, Criminal Justice Officials are optimistic repeat offenses by these youth will be reduced and the needs and concerns of the victims and affected community will be addressed. The programs help young people understand how family, friends, victim and community are harmed by their actions and hold them accountable for the harm they caused. The intention is that these young people will make better future decisions and not commit the same or similar crime again. Reducing future criminal behavior and keeping young people out of the justice system, both contribute positively to a safer and healthier 5 Packet Pg. 37 Agenda Item 5 Item # 5 Page 2 community. Addressing the needs and concerns of crime victims and community members also has a positive effect on the overall health and safety of the community. Without grant funding and the support of the City, Restorative Justice Services would not be a service available to young people and their families, crime victims, the courts, law enforcement and our community. CITY FINANCIAL IMPACTS The additional grant money in the amount of $56,192 from Division of Criminal Justice, Juvenile Diversion Grants, provides funding for the continuation of Restorative Justice Services. The match requirement will be met by transferring $9,646 appropriated as part of the Community Development and Neighborhood Services operating budget to the grant project for restorative justice and a $9,085 match designated for the Restorative Justice program office space, which is used to provide grant-funded services. ATTACHMENTS 1. RESTORE Program information (PDF) 2. RJCP Information (PDF) 5 Packet Pg. 38 11.2014 A Restorative Justice Program for Merchants, Community and Young Shoplifters WHAT IS IT? The RESTORE Program provides a voluntary opportunity for young people who have shoplifted to deal with their charge in a way that is meaningful to themselves and the community. HOW DOES IT WORK? The Fort Collins Municipal Court or Larimer County District Attorney’s Office have referred you to our program. You will attend an arraignment and meet with our staff and/or volunteers, who will explain the RESTORE program to you and your parent/support person. If you decide to participate in the program, you will complete a RESTORE intake form and sign up for Session #1. You will also be asked to take a survey, which is anonymous and used for grant funding purposes. Your parent/support person must attend the sessions with you. RESTORE Session #1 has three parts and will take approximately 3 hours. Part 1- You and your parent/support person will listen to speakers discuss the impact of shoplifting on the merchant community, law enforcement, the court system, families, and the larger community. You will also hear other youth speak about how shoplifting has affected them, their peers, and their families. Part 2 – You and your parent/support person then will meet with a small group to talk about the shoplifting incident you were involved in and how you have been affected by this incident. This group will also include other young shoplifters, their parents, a community member, a peer representative, and a merchant representative, and will be facilitated by RESTORE volunteers. Part 3 - When the small group is complete, you and your parent/support person will review a contract and select from a list ways you can repair the harm to the victim, the community, your family and yourself. The contract includes eight hours community service. You will also sign up for a time to return to Session #2. RESTORE Session #2 will take approximately one hour. About one month after Session #1, you will return to the RESTORE Program with all of your completed contract items. You will meet with a small group of volunteers who will review your contract and verification of items completed. You will also complete the survey taken in the original meeting. Not guilty: If you believe you are not guilty, you do not belong in the RESTORE Program. To participate, you must admit your part in the incident. BY PARTICIPATING IN THE RESTORE PROGRAM, YOU CAN: learn more about shoplifting and how it affects merchants and the community repair the harm done by the incident in a meaningful way make choices about the consequences of your actions have your theft charge dismissed upon successful completion of the program FEE: Cost is $50 (cash or money order only) Reduced fee is available for families who qualify. FOR MORE INFORMATION about the RESTORE Program, contact: RESTORE Program 970-416-2290 Restorative Justice does not discriminate on the basis of race, color, national origin, religion, sex, disability or age in the delivery of its services. Interpreter services and documents translated to other languages are available at no cost to Restorative Justice participants. En la prestación de sus servicios, la Justicia Restaurativa no discrimina por razones de raza, color, origen nacional, religión, sexo, discapacidad o edad. Los servicios de intérpretes y traducción de documentos a otros idiomas están disponibles sin costo alguno para los participantes de la Justicia Restaurativa. ATTACHMENT 1 5.1 Packet Pg. 39 Attachment: RESTORE Program information (4593 : Restorative Justice) Repairing the harm of crime for victims, young offenders and community WHAT IS IT? The Restorative Justice Conferencing Program (RJCP) provides a voluntary opportunity for young people (age 10-22) who have committed misdemeanor offenses to deal with their charge in a way that is meaningful to them and the community. HOW DOES IT WORK? Fort Collins Municipal Court or Larimer County District Attorney’s Office has referred you. You will attend a court arraignment and meet with RJCP staff. If you decide to participate, you will complete forms to sign up for the program. You will also be asked to take a survey. If you are under 18, your parent/guardian must attend the arraignment and the RJCP meetings with you. Restorative Justice Conferencing Program (RJCP) RJCP consists of three meetings, totaling 4-6 hours, and contract obligations to fulfill in between. Meeting #1 – (1-1.5 hours) You and your parent/guardian will meet with RJCP facilitators for a preconference meeting. At this meeting you will learn more about the RJCP process and will prepare for the upcoming RJ circle. You will discuss the incident and explore your thoughts and feelings about the incident and who has been impacted by it. Your parent will also discuss how the incident has impacted the family. You will have homework to develop ideas on how to repair the harm caused by the incident. Meeting #2 – (2-3 hours) You and your parent/guardian will meet with the victim/victim representative, other offenders (if there are any), community representatives and the RJCP facilitators in a face-to-face meeting. The discussion will focus on who has been harmed by the incident, how they have been harmed, and what can be done to repair the harm. The circle will develop a contract to address repairing the harm caused by the incident. The contract will include a minimum of 20 restorative hours for you to fulfill. Meeting #3 – (1 hour) You and your parent/guardian will return for a follow-up interview with RJCP staff and/or volunteers when your contract obligations are complete (usually about a month). You must bring written verification of all contract items to this interview. Other participants from the circle will be invited to attend the interview, and may or may not be present. You will also complete the survey taken at the court arraignment. If all contract items are complete and verified, you will have completed the program. BY PARTICIPATING IN THE RJCP PROGRAM, YOU MAY: learn more about your offense and how it affected the victim, community, your family, yourself repair the harm done by the incident in a meaningful way make choices about the consequences of your actions have your charge dismissed upon successful completion of the program FEE: Cost is $50 (cash or money order only) A reduced fee is available for families who qualify. FOR MORE INFORMATION, contact: Mary-Claire Geiss or Perrie McMillen (970) 416-2290 Restorative Justice does not discriminate on the basis of race, color, national origin, religion, sex, disability or age in the delivery of its services. Interpreter services and documents translated to other languages are available at no cost to Restorative Justice participants. En la prestación de sus servicios, la Justicia Restaurativa no discrimina por razones de raza, color, origen nacional, religión, sexo, discapacidad o edad. Los servicios de intérpretes y traducción de documentos a otros idiomas están disponibles sin costo alguno para los participantes de la Justicia Restaurativa. 02/18/2015 ATTACHMENT 2 5.2 Packet Pg. 40 Attachment: RJCP Information (4593 : Restorative Justice) -1- ORDINANCE NO. 089, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND AND TRANSFERRING FUNDS FROM THE COMMUNITY DEVELOPMENT AND NEIGHBORHOOD SERVICES OPERATING BUDGET IN THE GENERAL FUND TO THE RESTORATIVE JUSTICE GRANT PROJECT WHEREAS, the Colorado Division of Criminal Justice has awarded the City of Fort Collins Community Development and Neighborhood Services (“CDNS”) a grant in the amount of $56,192 for salaries associated with the continued operation of the Restorative Justice Program (the “Program”); and WHEREAS, the Program is an alternative method to the traditional criminal justice system, providing services to more than 2,700 young people who committed chargeable offenses in the community; and WHEREAS, the Program facilitates a meeting with the young offender, the victim, and community members to discuss the harm caused by the young offender and to find meaningful ways for the young person to repair that harm; and WHEREAS, the grant period for this award is from July 1, 2016 to June 30, 2017; and WHEREAS, the grant requires a 25% grant match of $18,731 where the City’s cash match of $9,646 will come from the CDNS operating budget for Restorative Justice and the remaining $9,085 match requirement will come from the City in the form of office space provided for the grant funded services; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the Colorado Division of Criminal Justice grant funds as described herein will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the fiscal year; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by Ordinance any unexpected and unencumbered amount or portion thereof from one project to another project, provided that the purpose for which the transferred funds are to be expended remains unchanged. Packet Pg. 41 -2- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from unanticipated revenue in the General Fund the sum of FIFTY SIX THOUSAND ONE HUNDRED NINETY TWO DOLLARS ($56,192) for expenditure in the General Fund for continuation of the Restorative Justice Program. Section 3. That the unexpended appropriated amount of NINE THOUSAND SIX HUNDRED FORTY SIX DOLLARS ($9,646) is hereby authorized for transfer from the Community Development and Neighborhood Services operating budget in the General Fund to the grant project for Restorative Justice Services and appropriated herein. Introduced, considered favorably on first reading, and ordered published this 19th day of July, A.D. 2016, and to be presented for final passage on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 42 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Jon Haukaas, Water Engr Field Operations Mgr SUBJECT First Reading of Ordinance No. 085, 2016, Amending Sections 26-98 and 26-128 of the Code of the City of Fort Collins Regarding Fire Sprinkler Systems for Single Family Attached Homes. EXECUTIVE SUMMARY The purpose of this item is to create a new rate class to accommodate the short-term high flow rate water service demands for single family attached homes with residential fire suppression systems and to make related changes regarding water meter requirements and installation. Changes to the International Residential Code adopted by the City in 2014 increased the short-term high flow rate water service demands for single family attached homes (such as townhomes and condominiums) due to the inclusion of residential fire suppression systems. Staff is proposing that a new rate class be created in order to accommodate these demands and to make related changes regarding water meter requirements and the installation related to fire sprinkler systems for single family attached homes. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Ordinance No. 020, 2014 amended Chapter 5, Article II, Division 2 of the Code of the City of Fort Collins for the purpose of adopting the 2012 International Residential Code (IRC), with Amendments. These requirements became effective August 1, 2014. This amendment requires an automatic residential fire sprinkler system in townhomes and two-family dwellings that are installed in accordance with Section P2904, NFPA 13D, or NFPA 13R. These (P2904) combination fire-suppression/potable water systems use the standard water piping to feed plumbing fixtures and the fire sprinkler heads. These systems are typically designed by the manufacturer and are sized for the water flow when two sprinkler heads are activated. Each fire sprinkler head requires 13 gallons per minute (gpm) of flow for a total demand of 26 gpm. As developers began designing and submitting projects to meet these requirements, it became apparent that the standard residential ¾-inch water service line contemplated by Code could not provide the flow necessary to meet the IRC requirements. Further investigation by Utility staff of the underlying Codes revealed that the IRC states a ¾-inch water service is not permitted due to pressure loss in the supply piping ahead of the fire sprinkler system. A 1-inch diameter residential water service or larger would be required to meet the IRC minimum requirements. The entire Water Cost of Service study is based on the service size, assuming typical flow rates. The typical Plant Investment Fee (PIF) of a standard residential ¾-inch water service is $7180. Currently, all residential water service lines are ¾-inch in diameter. A 1-inch diameter water service line is currently considered a commercial use in the Code. The PIF for a 1-inch water service line is $19,710, a significant cost increase to provide higher flow rates on a property that would only be needed extremely infrequently. 6 Packet Pg. 43 Agenda Item 6 Item # 6 Page 2 A. Proposed Amendment to City Code Section 26-128 In order to meet this demand in a reasonable and cost effective manner, staff is recommending the creation of an additional residential rate class for 1-inch water service lines to single family attached homes required to install these residential fire suppression systems. (It would not be available as an alternate rate class for commercial properties.) This change is proposed to be effective for all PIFs due and payable on or after June 1, 2016. These residential fire suppression systems would be activated only on rare occasions and therefore should not have a measureable effect on average or total water use of a typical home. Staff is consequently not proposing any related changes to the raw water requirement (RWR) for single family attached homes using a residential 1-inch water service line, instead of a residential ¾-inch water service line. The RWR for these single family attached homes (and all residential properties) will continue to be calculated under Code Section 26-148, which does not specify meter size in calculating the RWR. B. Proposed Amendment to City Code Section 26-98 Under current Code, all residential water service lines are assumed to be ¾-inch in diameter. Staff is recommending that this section be revised to expressly identify both the ¾-inch and 1-inch residential water service line. This updated section also identifies the locations where such meters are to be located. CITY FINANCIAL IMPACTS There are some additional material costs due to the larger size; staff is recommending an additional cost to the 1-inch diameter water service PIF of $500 above that for ¾-inch diameter water service PIF. The residential fire suppression systems would be activated only on rare occasions and should not have a measureable effect on average or total water use of a typical home. The tiered water rates and surcharges for excess use will recover all actual costs if an owner overuses the connection due to its larger size. BOARD / COMMISSION RECOMMENDATION At its June 16, 2016 meeting, the Water Board expressed unanimous support to recommend to Council adoption of the changes. PUBLIC OUTREACH These changes are being driven by recognition from the development community that there was an inconsistency between various City Code sections. These proposed changes address the issues raised by the public. The items were noted on the “Agenda” notice for the June Water Board Meeting. ATTACHMENTS 1. Water Board minutes, June 16, 2016 (draft) (PDF) 6 Packet Pg. 44 Excerpt from Unapproved Water Board Minutes – June 16, 2016 City Code Updates to Chapter 26 Pertaining to Service Lines and Metering (Attachments available upon request) Water Engineering and Field Operations Manager Jon Haukaas explained that a change was made to the Building Code requiring residential fire suppression in single family attached homes. A new Plant Investment Fee rate to allow for larger sized services to provide sufficient flow needs to be created to recognize the residential nature of the actual water use but not overcharge this customer class. The two additional items are less time sensitive but are necessary updates to the Code; they clean up metering language that is no longer relevant. Sec 26-94 Individual service lines for each building required. Allowance of ‘common private service lines’ adopted in 2014. This update clarifies language that this change was intended for both water and sewer. The existing language was unclear. Sec 26-98 Water meter requirements and installation. Updates the requirements for metering services by deleting several paragraphs that no longer apply since the metering program was completed and also includes specific information on the location of meter installations. Sec 26-128 Updates the water plant investment fee schedule to create a new residential rate allowing a 1-inch service to accommodate flow requirements of residential fire suppression. Discussion Board members inquired about various topics, including the 1ʺ residential line for residential with fire suppression systems, conservation organizations, and if Utilities will have a database that shows whether a particular residence has fire suppression or has taken advantage of any rebates, for example. Mr. Haukaas replied that the City will have that info in the Utilities database. A board member inquired about the almost imperceptible revisions to the code and suggested edits to clarify. Another board member inquired about whether a lot of residences don’t have water meters. Mr. Haukaas replied that the language refers to the old metering system; staff is 99.9% sure everyone is metered. Board Member Kent Bruxvoort moved that the Water Board recommend adoption by City Council of code modifications to Sec. 26-98 Water meter requirements and installation and 26-128 Schedule C, water plant investment fees. Board Member Phyllis Ortman seconded the motion. Vote on the motion: It passed unanimously, 6-0. ATTACHMENT 1 6.1 Packet Pg. 45 Attachment: Water Board minutes, June 16, 2016 (draft) (4625 : Residential Fire Suppression) -1- ORDINANCE NO. 085, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTIONS 26-98 AND 26-128 OF THE CITY CODE REGARDING FIRE SPRINKLER SYSTEMS FOR SINGLE FAMILY ATTACHED HOMES WHEREAS, on February 4, 2014, City Council approved Ordinance No. 020, 2014, which, among other things, adopted the 2012 International Residential Code with amendments (“IRC”); and WHEREAS, the IRC requires automatic residential fire sprinkler systems in single family attached homes, such as townhomes, which are combination potable / fire suppression water systems that deliver water to both standard plumbing fixtures and the fire sprinklers; and WHEREAS, the standard water meter and line for water service to single family attached homes in the Fort Collins Utilities service area is currently three-quarter inch; and WHEREAS, the IRC provides that a water service line of three-quarter inch or smaller is not permitted for use in such combination potable / fire suppression water systems due to a loss of pressure in the water service line that reduces the flow rate available at the fire sprinklers; and WHEREAS, water plant investment fees (“PIFs”) in City Code are based on the size of the water service line and assume typical flow rates, which do not adequately consider the short term high flow water service needs of residential fire sprinkler systems for single family attached homes; and WHEREAS, the installation of residential fire sprinkler systems is not anticipated to increase the overall use of water in typical single family attached homes, and any increased use will be captured in existing water rates and surcharges; and WHEREAS, requiring the installation of a one-inch water service line for single family attached homes results in a significant increase of the PIF that is not justified based on the rarity with which the residential fire sprinkler systems are anticipated be used; and WHEREAS, the rates set forth herein will produce revenues sufficient to pay the cost of operation and maintenance of the City’s water utility in good repair and working order; and WHEREAS, the use of a one inch water meter and line for water service to single family attached homes in the Fort Collins Utilities service area requires changes to Code Section 26-98 regarding water meter requirements and installation; and WHEREAS, the changes to City Code set forth herein are necessary for the sound operation and management of the water utility. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 46 -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 26-98 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-98. - Water meter requirements and installation. … (f) Unless the utility elects to install the water meter outside of the user's residential unit, all water meters shall be installed inside the user's residential unit at the expense of the utility. In addition, a water meter may be installed outside of the residential unit at a user's request if the user first agrees in writing to pay to the utility, after the installation, the difference between the utility's established cost to install the water meter inside the residential unit and the utility's actual cost to install the water meter outside of the residential unit. Water Meter Installations shall meet the requirements of the Utilities standard construction specifications adopted by the Utilities Executive Director. Additionally: (1) Meters shall not be installed in a crawl space. (2) Residential ¾” meters may be installed interior or exterior to the building. (3) All meter installations for meter sizes of 1” or larger shall be installed in an exterior location. (4) Modifications to the installation locations required under this Subsection (f) may be approved by the Utilities Executive Director if the Utilities Executive Director first determines that it is not practicable to meet the requirements of this Subsection (f) due to the physical configuration of the subject property. … Section 3. That Section 26-128 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-128. - Schedule C, water plant investment fees. The water plant investment fee prescribed in Section 26-120 shall be payable by users both inside and outside of the City, as follows: (1) Single-family residential buildings. For a single-family residential lot greater than one-half (½) acre in size, the lot size shall be deemed to be one-half (½) acre for the purpose of this fee calculation. For Packet Pg. 47 -3- each additional tap or meters larger than three fourths (3/4)one (1) inch, the nonresidential rate shall apply. a. For the first three-fourths-inch water tap or meter $720.00 b. For the first one-inch water tap or meter to accommodate residential fire suppression systems based upon the criteria established in the International Building Code as adopted and amended pursuant to Chapter 5 of this Code. $1,220 bc. Plus, for each square foot of lot area of a lot served by either a three-fourths (3/4) inch or one (1) inch water tap or meter $0.33 (2) Residential buildings of two (2) or more dwelling units The fee will provide for one (1) tap per residential building and an adequate number of additional taps to serve common irrigable areas, if any. The number and size of taps shall be determined by the Utilities Executive Director based upon the criteria established in the Uniform PlumbingInternational Building Code as adopted and amended pursuant to Chapter 5 of this Code. a. For each residential building unit $540.00 b. Plus, for each square foot of lot area $0.24 (3) Mobile home parks The size of the tap shall be determined by the Utilities Executive Director based upon the criteria established in the Uniform PlumbingInternational Building Code as adopted and amended pursuant to Chapter 5 of this Code. . . . Section 4. That the modifications set forth above shall be effective for plant investment fees due and payable on or after June 1, 2016. Introduced, considered favorably on first reading, and ordered published this 19th day of July, A.D. 2016, and to be presented for final passage on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 48 -4- Passed and adopted on final reading on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 49 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Seth Lorson, City Planner SUBJECT Items Relating to the Majestic Place Annexation. EXECUTIVE SUMMARY A. Resolution 2016-051 Setting Forth Findings of Fact and Determinations Regarding the Majestic Place Annexation. B. Public Hearing and First Reading of Ordinance No. 090, 2016, Annexing the Property Known as the Majestic Place Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 19.93 acres located at 2150 Rock Castle Lane (southeast of Timberline Road and Trilby Road) which is presently vacant. The Initiating Resolution was adopted on June 7, 2016. The property is located within the Fossil Creek Reservoir Area Plan. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on First Reading. BACKGROUND / DISCUSSION Annexing this 19.93 acre parcel does not create an enclave. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed annexation. BOARD / COMMISSION RECOMMENDATION At its June 9, 2016, regular meeting, the Planning and Zoning Board voted 7-0 to recommend approval of the annexation. Further, the Board recommended that parcel be placed into the U-E, Urban Estate zone district. (Attachment 5) PUBLIC OUTREACH All required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been completed. 7 Packet Pg. 50 Agenda Item 7 Item # 7 Page 2 ATTACHMENTS 1. Vicinity map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) 4. Annexation petition (PDF) 5. Planning and Zoning Board minutes, June 9, 2016 (draft) (PDF) 7 Packet Pg. 51 Loveland Fort Collins - Loveland Separator Carpenter UNION PACIFIC RAILROAD S LEMAY AVE STRAUSS CABIN RD ZIEGLER RD ZIEGLER RD S TIMBERLINE RD S COUNTY ROAD 9 CARPENTER RD S COUNTY ROAD 11 S COUNTY ROAD 7 E HARMONY RD E HARMONY RD S LEMAY AVE KECHTER RD E COUNTY ROAD 36 E COUNTY ROAD 30 S TIMBERLINE RD E COUNTY ROAD 32 E TRILBY RD S COUNTY ROAD 11 S COUNTY ROAD 9 E COUNTY ROAD 30 Vicinity Map Majestic Place Annexation and Zoning Legend City Limits Growth Management Area Boundary - Outline Annexation 00.0.4 81.6 Miles Majestic Place Annexation and Zoning Westchase Subdivision I ATTACHMENT 1 Packet Pg s - UNION PACIFIC RAILROAD E TRILBY RD ZIEGLER RD S TIMBERLINE RD CARPENTER RD E COUNTY ROAD 32 S COUNTY ROAD 11 KECHTER RD E COUNTY ROAD 36 S COUNTY ROAD 11 S COUNTY ROAD 9 S LEMAY AVE S TIMBERLINE RD Structure Plan Map Majestic Place Annexation and Zoning Legend Neighborhood Commercial District Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Community Separator Rural Lands Open Lands, Parks and Water Corridors Growth Management Area Annexation Majestic Place Annexation and Zoning - Urban Estate (U-E) I 1 inch = 1,200 feet ATTACHMENT 2 Packet Pg s - UNION PACIFIC RAILROAD E TRILBY RD ZIEGLER RD S TIMBERLINE RD CARPENTER RD E COUNTY ROAD 32 S COUNTY ROAD 11 KECHTER RD E COUNTY ROAD 36 S COUNTY ROAD 11 S COUNTY ROAD 9 S LEMAY AVE S TIMBERLINE RD RL LMN LMN MMN POL UE POL RL UE LMN POL UE T POL NC MMN POL UE UE UE LMN =RQLQJ0DS Majestic Place Annexation and Zoning Legend City Zoning Low Density Mixed-Use Neighborhood (LMN) Medium Density Mixed-Use Neighborhood (MMN) Neighborhood Commercial (NC) Public Open Lands (POL) Low Density Residential (RL) Transition (T) Urban Estate (UE) Growth Management Area Annexation Majestic Place Annexation and Zoning - Urban Estate (U-E) I 1 inch = 1,200 feet ATTACHMENT 3 Packet Pg ATTACHMENT 4 7.4 Packet Pg. 55 Attachment: Annexation petition (4613 : Majestic Place Annexation) 7.4 Packet Pg. 56 Attachment: Annexation petition (4613 : Majestic Place Annexation) 7.4 Packet Pg. 57 Attachment: Annexation petition (4613 : Majestic Place Annexation) 7.4 Packet Pg. 58 Attachment: Annexation petition (4613 : Majestic Place Annexation) 7.4 Packet Pg. 59 Attachment: Annexation petition (4613 : Majestic Place Annexation) Planning and Zoning Board June 9, 2016 DRAFT Project: Majestic Place Annexation and Zoning Project Description: The purpose of this item is to annex and zone the Majestic Place property. The applicant, Suburban Land Reserve Inc. c/o Mr. Kenneth Merritt, has submitted a written petition requesting annexation of 19.93 acres located at 2150 Rock Castle Lane (southeast of Timberline Road and Trilby Road) which is presently vacant. The requested zoning for this annexation is Urban Estate, U-E. In accordance with the Intergovernmental Agreement for the Fort Collins Growth Management Area with Larimer County, the City of Fort Collins agrees to annex land that meets the minimum contiguity requirement, and based on a voluntary petition to annex for the purpose of redeveloping the subject parcel. Recommendation: Approval Staff and Applicant Presentations Planner Lorson provided an overview of the project, which is a 100% voluntary annexation into Fort Collins. He discussed the zoning and the association with existing municipal boundaries of Fort Collins. It is planned to be annexed on August 16th with City Council. Ken Merritt, with JR Engineering representing the applicant, Suburban Land Reserve, gave an overview of the project as well, illustrating the project with maps and showing the land boundaries and surrounding areas with respect to the City’s City and Structure Plan. Member Hobbs asked about the exclusion of property in the southwest corner, and Mr. Merrick explained the history of this property and the fact that the LDS Church would be retaining that southwest corner in perpetuity, which was a stipulation by the former owner upon the sale of the property. Planner Lorson stated that this annexation meets the LUC standards, is within the Growth Management Area, and is consistent with the City Structure Plan. There is also an agreement with the County regarding access to Rock Castle Lane. Vice Chair Hart asked about the resolution approval by Council, and Planner Lorson responded affirmatively. Public Input Linda Archer, 6439 Garrison Court, has a concern about the potential implications of this annexation, including City costs, tax implications, or other issues. She feels that there are too many building and zoning exceptions and variations currently being allowed. John Siegmund, 6860 Silver Mist Lane, is concerned because he is unsure whether Rock Castle Lane will remain private, so he is seeking assurance that it won’t become a public road or lead to the future annexation of his property. Staff Response and Board Questions Planner Lorson responded how areas are identified for annexation as a result of long-term planning and the inter-governmental agreement with the County. Rock Castle Lane will remain under private ownership and hasn’t been identified as a future connection. There was more ATTACHMENT 5 7.5 Packet Pg. 60 Attachment: Planning and Zoning Board minutes, June 9, 2016 (draft) (4613 : Majestic Place Annexation) Planning and Zoning Board June 9, 2016 DRAFT discussion regarding access and signage to the subject parcel. Planner Lorson also confirmed that future owners of this area will be subject to the same fees and property taxes as surrounding areas. He also explained the City’s philosophy that development will “pay its own way”, including street oversizing fees, sidewalks, traffic improvements, street lights, and any other public infrastructure, which is provided by private development and then adopted by the COFC. He also confirmed that property to the south and east could also be annexed in the future. Board Deliberation Vice Chair Hart made a motion that the Planning and Zoning Board recommend approval to the City Council for the Majestic Place Annexation and requested zoning of U-E Urban Estate based on the findings of fact on page 3 of the staff report. Member Heinz seconded the motion. Vote: 7:0. 7.5 Packet Pg. 61 Attachment: Planning and Zoning Board minutes, June 9, 2016 (draft) (4613 : Majestic Place Annexation) -1- RESOLUTION 2016-051 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE MAJESTIC PLACE ANNEXATION WHEREAS, per Resolution 2016-046, annexation proceedings were heretofore initiated by the City Council for property to be known as the Majestic Place Annexation (the “Property”); and WHEREAS, following notice given as required by law, the City Council held a hearing on said annexation on July 19, 2016. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the petition for annexation of the Property complies with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes. Section 3. That the City Council hereby finds that there is at least one-sixth (1/6) contiguity between the City and the Property proposed to be annexed; that a community of interest exists between the property proposed to be annexed and the City; that said property is urban or will be urbanized in the near future; and that the Property is integrated with or is capable of being integrated with the City. Section 4. That the City Council further determines that the applicable parts of said Act have been met, that an election is not required under said Act, and that there are no other terms and conditions to be imposed upon said annexation. Section 5. That the City Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with said Act. Section 6. That the City Council concludes that the Property is eligible for annexation to the City and should be so annexed. Packet Pg. 62 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th day of July, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 63 -1- ORDINANCE NO. 090, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE MAJESTIC PLACE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2016-046 finding substantial compliance and initiating annexation proceedings for the Majestic Place Annexation, as defined therein and described below, has heretofore been adopted by the City Council; and WHEREAS, Resolution 2016-051 setting forth findings of fact and determinations regarding the Majestic Place Annexation is being adopted concurrently with the first reading of this Ordinance; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the Property to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby incorporates the findings of Resolution 2016-046 and Resolution 2016-051 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the following described property (the “Property”), to wit: A tract of land situate in the County of Larimer, State of Colorado, to-wit: A parcel of land being all of lot 3, the amended plat of lots 1-4 of the Leistikow M.R.D. S-21-92 recorded under reception number 20110065177 in the records of the Larimer County Clerk and Recorder, being further described as follows: Basis of bearings: the south line of the northwest 1 / 4 of the northwest 1 / 4 of Section 17, Township 6 N orth, Range 68 west of the 6th Principal Meridian, assumed to bear S89° 54'32"W, a distance of 1,325.03 feet, as shown on said amended plat; Beginning at the Northeast corner of said Northwest 1 / 4 of the Northwest 1 / 4 of Section 17, said point being the northeasterly corner of said Lot 3; Thence on the easterly and southerly lines of said Northwest 1 / 4 of the Northwest 1 / 4 of Section 17 the following two (2) courses: 1) S00°00’44”E a distance of 1323.93 feet; Packet Pg. 64 -2- 2) S89°54’32”W a distance of 865.03 feet; Thence N00°09’18”E a distance of 275.00 feet; Thence S89°54’32”W a distance of 52.21 feet to the easterly line of the Leistikow Annexation to the City of Fort Collins; Thence on said easterly line the following five (5) courses 1) N07°22’24”W a distance of 175.33 feet; 2) on the arc of a non-tangent curve to the left whose center bears N06°56’31”W, having a radius of 528.00 feet, a central angle of 98°02’18” and an arc length of 903.46 feet; 3) N14°58’49”W a distance of 95.52 feet; 4) N75°01’11”E a distance of 126.44 feet; 5) N00°04’00”E a distance of 91.40 feet to the southerly line of the Westchase Annexation Number 2 to the City of Fort Collins; Thence on said southerly line, S89°56’00”E a distance of 394.92 feet to the point of beginning; Containing a calculated area of 868,230 square feet or 19.9318 acres is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Majestic Place Annexation, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 4. That, in annexing the Property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the Property hereby annexed except as may be provided by ordinances of the City. Section 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 19th day of July, A.D. 2016, and to be presented for final passage on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 65 -3- Passed and adopted on final reading on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 66 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Seth Lorson, City Planner SUBJECT Public Hearing and First Reading of Ordinance No. 091, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Majestic Place Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. The purpose of this item is to zone the property included in the Majestic Place Annexation, located at 2150 Rock Castle Lane (southeast of Timberline Road and Trilby Road), into the Urban Estate zone district. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning for this annexation is U-E Urban Estate, which conforms with the City Structure Plan and the land use framework in the Fossil Creek Reservoir Area Plan. Context The surrounding zoning and land uses are as follows: N: LMN & U-E in the City of Fort Collins; Single-family Residential & Goddard School E: FA1 - Farming in Larimer County; Single-family Residential S: FA1 - Farming in Larimer County; Single-family Residential W: U-E in the City of Fort Collins; Fort Collins Colorado Temple (The Church of Jesus Christ of Latter-day Saints) Zoning The proposed zoning for the subject annexation is U-E Urban Estate. The Urban Estate District is intended to be a setting for a predominance of low-density and large-lot housing. The main purposes of this District are to acknowledge the presence of the many existing subdivisions which have developed in these uses that function as parts of the community and to provide additional locations for similar development, typically in transitional locations between more intense urban development and rural or open lands. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed zoning. 8 Packet Pg. 67 Agenda Item 8 Item # 8 Page 2 BOARD / COMMISSION RECOMMENDATION At its June 9, 2016, regular meeting, the Planning and Zoning Board voted 7-0 to recommend approval of the annexation. Further, the Board recommended that parcel be placed into the U-E, Urban Estate zone district. PUBLIC OUTREACH All required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been completed. ATTACHMENTS 1. Zoning map (PDF) 8 Packet Pg. 68 s - UNION PACIFIC RAILROAD E TRILBY RD ZIEGLER RD S TIMBERLINE RD CARPENTER RD E COUNTY ROAD 32 S COUNTY ROAD 11 KECHTER RD E COUNTY ROAD 36 S COUNTY ROAD 11 S COUNTY ROAD 9 S LEMAY AVE S TIMBERLINE RD RL LMN LMN MMN POL UE POL RL UE LMN POL UE T POL NC MMN POL UE UE UE LMN =RQLQJ0DS Majestic Place Annexation and Zoning Legend City Zoning Low Density Mixed-Use Neighborhood (LMN) Medium Density Mixed-Use Neighborhood (MMN) Neighborhood Commercial (NC) Public Open Lands (POL) Low Density Residential (RL) Transition (T) Urban Estate (UE) Growth Management Area Annexation Majestic Place Annexation and Zoning - Urban Estate (U-E) I 1 inch = 1,200 feet ATTACHMENT 1 Packet Pg -1- ORDINANCE NO, 091, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE MAJESTIC PLACE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, the City Council has determined that the proposed zoning of the Majestic Plance Annexation property, as described below (the “Property”) is consistent with the City’s Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the subject property; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zoning against the criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zoning to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Majestic Place Annexation to the City of Fort Collins, Colorado, in the Urban Estate (“U-E”) Zone District, which property (the “Property”) is more particularly described as: A tract of land situate in the County of Larimer, State of Colorado, to-wit: A parcel of land being all of lot 3, the amended plat of lots 1-4 of the Leistikow M.R.D. S-21-92 recorded under reception number 20110065177 in the records of the Larimer County Clerk and Recorder, being further described as follows: Packet Pg. 70 -2- Basis of bearings: the south line of the northwest 1 / 4 of the northwest 1 / 4 of Section 17, Township 6 N orth, Range 68 west of the 6th Principal Meridian, assumed to bear S89° 54'32"W, a distance of 1,325.03 feet, as shown on said amended plat; Beginning at the Northeast corner of said Northwest 1 / 4 of the Northwest 1 / 4 of Section 17, said point being the northeasterly corner of said Lot 3; Thence on the easterly and southerly lines of said Northwest 1 / 4 of the Northwest 1 / 4 of Section 17 the following two (2) courses: 1) S00°00’44”E a distance of 1323.93 feet; 2) S89°54’32”W a distance of 865.03 feet; Thence N00°09’18”E a distance of 275.00 feet; Thence S89°54’32”W a distance of 52.21 feet to the easterly line of the Leistikow Annexation to the City of Fort Collins; Thence on said easterly line the following five (5) courses 1) N07°22’24”W a distance of 175.33 feet; 2) on the arc of a non-tangent curve to the left whose center bears N06°56’31”W, having a radius of 528.00 feet, a central angle of 98°02’18” and an arc length of 903.46 feet; 3) N14°58’49”W a distance of 95.52 feet; 4) N75°01’11”E a distance of 126.44 feet; 5) N00°04’00”E a distance of 91.40 feet to the southerly line of the Westchase Annexation Number 2 to the City of Fort Collins; Thence on said southerly line, S89°56’00”E a distance of 394.92 feet to the point of beginning; Containing a calculated area of 868,230 square feet or 19.9318 acres. Section 3. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the Property is included in the Residential Neighborhood Sign District. Section 4. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Packet Pg. 71 -3- Introduced, considered favorably on first reading, and ordered published this 19th day of July, A.D. 2016, and to be presented for final passage on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 72 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Helen Matson, Real Estate Services Manager Jason Licon, Airport Director SUBJECT First Reading of Ordinance No. 092 , 2016, Authorizing the Conveyance of a Permanent Utility Easement and a Temporary Construction Easement on City Property at the Northern Colorado Regional Airport to the City of Loveland. EXECUTIVE SUMMARY The purpose of this item is to authorize the conveyance of a permanent utility easement and a temporary construction easement to the City of Loveland at the Northern Colorado Regional Airport. The City of Fort Collins and the City of Loveland each own a 50% interest in the Airport property. The City of Loveland is extending its electrical service to this area. The proposed permanent easement area borders Boyd Lake Avenue and County Road 30 and the temporary construction easement is along the easement on County Road 30. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City of Fort Collins and the City of Loveland jointly own the property known as the Northern Colorado Regional Airport. The City of Loveland is planning to install an underground electrical utility line from its Crossroads Substation on Boyd Lake Road heading north to County Road 30. At County Road 30, its plan is to take the underground utility line east to Interstate 25. The new underground utility service is being done to serve the growing development in the area. Normally these utilities would be placed in the road right-of-way; however, neither Boyd Lake Avenue nor County Road 30 has been built to their ultimate widths. Until the roads are built to their ultimate widths, utilities need to be placed in privately owned property. Due to this, Loveland has requested an underground utility easement from the City of Fort Collins along both Boyd Lake Road and County Road 30, on the Airport property. In addition, the City of Loveland is requesting a 6-foot temporary construction easement on the south side of the easement that is proposed to run along County Road 30. CITY FINANCIAL IMPACTS In accordance with Sec. 23-114 of the Municipal Code, any conveyance of City real property must be for an amount equal to or greater than the fair market value. The estimated market value of the City's 50% ownership in the requested easements is $21,200. The installation of this underground electrical line benefits the City in many ways. Currently the area electrical is provided by overhead utility lines. The new line will be placed underground and the existing poles that are no longer needed will be removed. The location of the poles to be removed are in the area of the flight way. It 9 Packet Pg. 73 Agenda Item 9 Item # 9 Page 2 has been a policy of the City to have utility service changed to underground and as many poles removed as possible. The new underground electric service will improve reliability of the power service in the area. The Airport receives its power from the City of Loveland. This new service will provide a loop back to the Airport to improve redundant service to the Airport and will improve the ability to improve our distribution system in the future. This will be a benefit to the citizens of Fort Collins. The City of Loveland will be responsible for all costs of installing the underground utility lines and will continue to be responsible for all future maintenance and repair of the line. Along with these responsibilities the City of Loveland will be responsible to restore the temporary construction easement to a condition similar as when granted. ATTACHMENTS 1. Location map (PDF) Northern Colorado Regional Airport Crossroads ÃSubstation County Road 30 Boyd Lake Avenue ± Utility Easement to City of Loveland at Northern Colorado Regional Airport Location Map Easement Location ATTACHMENT 1 9.1 Packet Pg. 75 Attachment: Location map (4620 : Airport Easement) -1- ORDINANCE NO. 092, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ON CITY PROPERTY AT THE NORTHERN COLORADO REGIONAL AIRPORT TO THE CITY OF LOVELAND WHEREAS, the City of Fort Collins and the City of Loveland (“Loveland”) jointly own property located in Loveland known as the Northern Colorado Regional Airport (the “Property”); and WHEREAS, Loveland plans to install a new underground electrical line to serve development in the area of the Property, and wishes to place the line in a new easement on the Property adjacent to both Boyd Lake Road and County Road 30; and WHEREAS, the location of the proposed easement is described on Exhibit “A”, attached and incorporated herein by reference (the “Easement”); and WHEREAS, Loveland is also requesting a temporary construction easement adjacent to the Easement along County Road 30, as described and shown on pages 4 through 6 of Exhibit A (the “TCE”); and WHEREAS, the approximate fair market value of the City’s 50% ownership interest in the Easement and TCE areas is $21,200; and WHEREAS, staff is recommending that the City not charge Loveland for the Easement and TCE as the conveyance of these interests serves a bona fide public purpose under Section 23-114 of the City Code because: The use to which the Easement will be put promotes safety and general welfare and benefits the citizens of Fort Collins by (1) allowing existing overhead lines and power poles to be removed from the Property so they will no longer be in the flight way; and (2) providing options for the Airport to improve its electrical service in the future; The Council supports the undergrounding of electric utilities through adoption of the Electric Service Standards and annual appropriation of funds for the undergrounding of City utilities, and the use to which the Easement will be put supports this City Council policy; The financial support provided by the City through the below-market disposition of the Easement and TCE will be leveraged by Loveland with other funding or assistance; The conveyance of the Easement and TCE will not result in any direct financial benefit to any private person or entity; and Packet Pg. 76 -2- Conveying the Easement and TCE for less than fair market value will not interfere with current City projects or programs, hinder workload schedules or divert resources needed for primary City functions or responsibilities; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interest in real property owned by the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the City’s conveyance of the Easement and TCE to Loveland as provided herein serves a bona fide public purpose and is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easement and TCE to Loveland on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal descriptions of the Easement or TCE, as long as such changes do not materially increase the size or change the character of the interests to be conveyed. Introduced, considered favorably on first reading, and ordered published this 19th day of July, A.D. 2016, and to be presented for final passage on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 77 -3- Passed and adopted on final reading on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 78 1 Packet Pg. 79 Attachment: Exhibit A (4640 : Airport Easement ORD) 1 Packet Pg. 80 Attachment: Exhibit A (4640 : Airport Easement ORD) 1 Packet Pg. 81 Attachment: Exhibit A (4640 : Airport Easement ORD) 1 Packet Pg. 82 Attachment: Exhibit A (4640 : Airport Easement ORD) 1 Packet Pg. 83 Attachment: Exhibit A (4640 : Airport Easement ORD) 1 Packet Pg. 84 Attachment: Exhibit A (4640 : Airport Easement ORD) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Clark Mapes, City Planner SUBJECT Resolution 2016-052 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Hearing Officer Decision Denying the Maple Mixed Use Project Development Plan, PDP 150025. EXECUTIVE SUMMARY The purpose of this item is to make Findings of Fact and Conclusions regarding the appeal of the Hearing Officer decision to deny the 320 Maple Mixed Use Project Development Plan. The appeal was heard by City Council on July 12, 2016. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION On April 14, 2016, an Administrative Hearing Officer considered the application for the 320 Maple Mixed Use Project Development Project Development Plan (PDP). A decision denying the application was issued on April 25, 2016. On May 9, 2016, Ian Shuff filed a Notice of Appeal on behalf of the property owner alleging that the Hearing Officer: (1) failed to conduct a fair hearing because she considered evidence relevant to her decision that was substantially false or grossly misleading; and (2) failed to properly interpret and apply relevant provisions of the Land Use Code, particularly Sections 3.4.7 regarding Historic and Cultural Resources, 3.5.1 regarding Building and Project Compatibility, and Sections 2.8 and 4.16(D)(5)(e) regarding Modification of a Standard for Exterior Building Materials. On July 12, 2016, City Council held a hearing to consider the allegations on appeal. At the hearing testimony from parties in interest on both sides of the appeal was presented. City Council adopted a motion on a 6-0 vote that the Hearing Officer conducted a fair hearing and did not consider evidence relevant to her decision that was substantially false or grossly misleading. City Council adopted a motion that overturned the Hearing Officer denial of the PDP on a 6-0 vote because the Hearing Officer failed to properly interpret and apply Land Use Code provisions 3.4.7, 3.5.1, 2.8, and 4.16(D)(5)(e). 10 Packet Pg. 85 -1- RESOLUTION 2016-052 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE APPEAL OF THE HEARING OFFICER DECISION DENYING THE MAPLE MIXED-USE PROJECT DEVELOPMENT PLAN, PDP150025 WHEREAS, on April 14, 2016, the Maple Mixed-Use Project Development Plan PDP150025 (the “PDP”) was reviewed at a public hearing by Hearing Officer Kendra Carberry (the “Hearing Officer”); and WHEREAS, on April 25, 2016, the Hearing Officer issued a written decision (the “Administrative Denial”) denying the PDP and the Modification; and WHEREAS, on May 9, 2016, Development Company, LLC, (the “Appellant”) filed a Notice of Appeal of the Administrative Denial with the City Clerk; and WHEREAS, the Notice of Appeal asserted that the Hearing Officer failed to conduct a fair hearing because she considered evidence relevant to her findings that was substantially false or grossly misleading; and WHEREAS, the Notice of Appeal also asserted that the Hearing Officer failed to properly interpret and apply the Land Use Code in rendering the Administrative Denial, specifically Land Use Code Section 3.4.7, Historic and Cultural Resources, Section 3.5.1, Building and Project Compatibility, Section 2.8, Modification of Standards, and Section 4.16(D)(5)(e), Downtown District Building Standards Exterior Facade Materials; and WHEREAS, on July 12, 2016, the City Council, after notice given in accordance with Chapter 2, Article II, Division 3, of the City Code, considered the Appeal, reviewed the record on appeal and the applicable Land Use Code provisions, and heard presentations from representatives for the Appellant and opponents of the appeal (the “Council Hearing”); and WHEREAS, after discussion, the City Council found and concluded based on the evidence in the record and presented at the Council Hearing that: 1. The Hearing Officer did not fail to conduct a fair hearing on April 14, 2016; and 2. The Hearing Officer did fail to properly interpret and apply Land Use Code Sections 3.4.7, 3.5.1, 2.8, and 4.16(D)(5)(e), when she denied the PDP and the Modification; and 3. The Administrative Denial shall be overturned and the PDP approved because the PDP complies with Land Use Code Sections 3.4.7, 3.5.1, 2.8, and 4.16(D)(5)(e), in accordance with the findings stated in the City Staff Report submitted to the Hearing Officer for the April 14, 2016, hearing; and Packet Pg. 86 -2- 4. The Modification of Standard pertaining to Land Use Code Section 4.16(D)(5)(e) regarding exterior facade materials shall be approved because: i. It is not detrimental to the public good; and ii. The PDP as proposed will promote the general purpose of the exterior facade materials standard equally well or better than would a plan that complies with the standard because the cement fiber lap siding and panels relate well to the wood siding on the houses found in the adjacent area; and 5. Except as to the failure of the Hearing Officer to properly interpret and apply the Land Use Code provisions set forth herein, the Appeal is without merit and is denied; and WHEREAS, City Code Section 2-55(g) provides that no later than the date of its next regular meeting after the hearing of an appeal, City Council shall adopt, by resolution, findings of fact in support of its decision on the Appeal. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that, pursuant to Section 2-55(g) of the City Code, the City Council hereby makes and adopts the following findings of fact and conclusions in support of its decision on the Appeal as follows: 1. That the grounds for appeal as stated in the Notice of Appeal conform to the requirements of Section 2-48 of the City Code. 2. That based on the evidence in the record and presented at the Council Hearing, the recitals set forth above are adopted as findings of fact. 3. That the Hearing Officer did not fail to conduct a fair hearing on April 14, 2016. 4. That the Hearing Officer did fail to properly interpret and apply Land Use Code Sections 3.4.7, 3.5.1, 2.8, and 4.16(D)(5)(e), when she denied PDP15-0025 in her Administrative Denial issued on April 25, 2016. 5. That the Administrative Denial is overturned and the PDP is approved because the PDP complies with Land Use Code Sections 3.4.7, 3.5.1, 2.8, and 4.16(D)(5)(e), in accordance with the findings stated in the City Staff Report submitted to the Hearing Officer for the April 14, 2016, hearing. 6. That the Modification of Standard pertaining to Land Use Code Section 4.16(D)(5)(e) regarding exterior facade materials is approved because it is not detrimental to the public good and it will promote the general purpose of the exterior facade materials standard equally well or better than would a plan that Packet Pg. 87 -3- complies with the standard because the cement fiber lap siding and panels relate well to the wood siding on the houses found in the adjacent area. 7. That except as to the failure of the Hearing Officer to properly interpret and apply the Land Use Code provisions set forth herein, the Appeal is without merit and is denied. 8. That adoption of this Resolution shall constitute the final action of the City Council in accordance with City Code Section 2-55(g). Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th day of July, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 88 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Cheryl Donaldson, Museum Director SUBJECT Resolution 2016-053 Approving Fort Fund Grant Disbursements. EXECUTIVE SUMMARY The purpose of this item is to approve Fort Fund grants from the Cultural Development and Programming and Tourism Programming Accounts for the selected community and tourism events based upon the recommendations of the Cultural Resources Board. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The Fort Fund grant program, established in 1989, disburses lodging tax revenues deposited in the City’s Cultural Development and Programming Account and the Tourism Programming Account in accordance with the provisions of Section 25-244 of the City Code, where 25% of the revenue from the lodging tax funds is applied to the Cultural Development and Programming Account to support cultural events and 5% of revenue from lodging tax is dedicated to the Tourism Programming Account to support tourism events and activities. Local non-profit organizations may apply to Fort Fund for cultural and/or tourism event support. The City Council appointed the Cultural Resources Board to review grant applications based on approved guidelines and make recommendations for Fort Fund disbursements to City Council, pursuant to Ordinance No. 028, 1992 and Section 2-203 (3) of the City Code. Fort Fund grants support events that enrich the cultural life of the community, promote local heritage and diversity, provide opportunities for cultural participation, help define Fort Collins as a cultural center and tourist destination, have wide appeal for a significant part of the community, and promote the general welfare of the City’s inhabitants. Fort Fund consists of a three-tiered funding system Tier #1 was established as an annual programming tier for organizations whose primary purpose is to present three or more public events annually. These groups may apply for funding from Tier #1 each April up to $15,000.00. Tier #2 allows organizations to apply for funding of a single or series of special public events up to $5,000.00. Applications for support from Tier #2 are accepted each January and June. The Cultural Innovation Tier #3 was established to further the goal of making Fort Collins a cultural center and destination. The Cultural Innovation Tier #3 grants address a need for cultural activity in Fort Collins, that will perpetuate the Tourism Account by generating overnight stays in local hotels, and/or develop new arts, cultural, or heritage tourism activities that have the potential to impact Fort Collins’ cultural and economic growth. Organizations may apply for funding from the Cultural Innovation Tier #3 each April up to $25,000.00. 11 Packet Pg. 89 Agenda Item 11 Item # 11 Page 2 June 2016 Funding Session At its June 22, 2016 regular meeting, the Cultural Resources Board reviewed 22 Tier #2 applications, with total requests equaling $87,840. The following table summarizes the amount and sources of available funds in 2016: FY 2016 AVAILABLE FUNDING AMOUNT SOURCE $261,084 FY 2016 Cultural Development and Programming Account (CDP) $58,300 FY 2016 Tourism Programming Account (TP) $100,275 Unspent Appropriations 2015 (CDP) $58,990 Unanticipated Lodging Tax 2015 (CDP) $8,070 Unspent Appropriations 2015 (TP) $11,798 Unanticipated Lodging Tax 2015 (TP) $498,517 Total Funding Available for 2016 FUNDS ALLOCATED TO June 2016 FUNDING SESSION $114,499 Amount from Cultural Development and Programming Account (CDP) $168 Amount from Tourism Programming Account (TP) $114,667 Total amount allocated to June 2016 Session 23% % of Total FY2016 Funds allocated to June Session The Cultural Resources Board scored each application using the Funding Criteria outlined in the Fort Fund Guidelines (Attachment 1) and discussed each application at the June 22, 2016 meeting. The Board discussion is outlined in the draft minutes (Attachment 2). The Board is recommending disbursement of $67,840 from the City’s Cultural Development and Programming Account to 20 applicants as outlined in Exhibit A to the Resolution. Of the total amount requested by Tier #2 applicants, 77% is being recommended for funding from available funds in this cycle. The following table summarizes the utilization of funds from all sources. Recommended Funding % of Total Category $67,840 77% Cultural Development and Programming Account $ 0 0% Tourism Account $20,000 23% Unallocated $87,840 100% Funds Allocated to January Session The $20,000 of unallocated funds will be carried forward to the January 2017 funding session. CITY FINANCIAL IMPACTS The Fort Fund grant program, established in 1989, disburses lodging tax revenues deposited in the City’s Cultural Development and Programming Account and Tourism Programming Account in accordance with the provisions of Section 25-244 of the City Code. This Resolution would distribute $67,840 from the Cultural Development and Programming Account to local non-profit organizations, leaving $20,000 unallocated in this funding session and available for the January 2017 funding session. Each grantee organization must provide funds to match the grant amount. These funds were budgeted and appropriated in the 2016 budget. Lodging tax is collected pursuant to Section 25-252 of the City Code. 11 Packet Pg. 90 Agenda Item 11 Item # 11 Page 3 BOARD / COMMISSION RECOMMENDATION The Cultural Resources Board (CRB) is presenting these recommendations to City Council on public events that should receive funding and the recommended grant amounts each event should receive from the available Cultural Development and Programming Account and Tourism Programming Account revenues. Exhibit A to Resolution 2016-053 outlines the allocations as recommended by the CRB to the City Council for Tier #2. ATTACHMENTS 1. Fort Fund Guidelines (PDF) 2. Cultural Resources Board minutes (draft), June 22, 2016 (PDF) 11 Packet Pg. 91 11.1 Packet Pg. 92 Attachment: Fort Fund Guidelines (4619 : Fort Fund June 2016) 11.1 Packet Pg. 93 Attachment: Fort Fund Guidelines (4619 : Fort Fund June 2016) 11.1 Packet Pg. 94 Attachment: Fort Fund Guidelines (4619 : Fort Fund June 2016) 11.1 Packet Pg. 95 Attachment: Fort Fund Guidelines (4619 : Fort Fund June 2016) 11.1 Packet Pg. 96 Attachment: Fort Fund Guidelines (4619 : Fort Fund June 2016) 11.1 Packet Pg. 97 Attachment: Fort Fund Guidelines (4619 : Fort Fund June 2016) 11.1 Packet Pg. 98 Attachment: Fort Fund Guidelines (4619 : Fort Fund June 2016) 11.1 Packet Pg. 99 Attachment: Fort Fund Guidelines (4619 : Fort Fund June 2016) 11.1 Packet Pg. 100 Attachment: Fort Fund Guidelines (4619 : Fort Fund June 2016) 11.1 Packet Pg. 101 Attachment: Fort Fund Guidelines (4619 : Fort Fund June 2016) Cultural Resources Board Lincoln Center 417 W. Magnolia St Fort Collins, CO 80521 970.221-6735 970.221-6373 – fax . CULTURAL RESOURCES BOARD MINUTES Regular Meeting – Wednesday, June 22, 2016 5:00 p.m. Lincoln Center, 419 W. Magnolia Street, Fort Collins, CO 80521 Council Liaison: Wade Troxell Staff Liaison: Cheryl Donaldson Chairperson: Steven Sorensen A regular meeting of the Cultural Resources Board was held on Wednesday, June 22, 2016 at 5:00 p.m. The following members were present: Board Members present: Janet Gilligan, Jane Folsom, Gregg Adams, Jesse Solomon Tedi Cox, Will Flowers Board Members absent: Steven Sorensen Staff Members present: Cheryl Donaldson, Megan Kelley Guests Present: none. I. Call to Order: 5:02p.m. – Mr. Flowers II. Consideration of agenda: no changes III. Consideration and approval of the minutes from May 26, 2016. Ms. Cox made a motion to accept the minutes as amended. Ms. Gilligan seconded the motion. The motion passed unanimously. IV. Public input: none. V. Fort Fund - Discussion and funding recommendations: Prior to reviewing and awarding grant monies to the Fort Fund Tier 2 applicants, the Board discussed the eligibility and the quality of the applications and the available budget for this session. The Board then reviewed 22 applications and developed their recommendations for funding as outlined below and on the attached spreadsheet. ATTACHMENT 2 11.2 Packet Pg. 102 Attachment: Cultural Resources Board minutes (draft), June 22, 2016 (4619 : Fort Fund June 2016) ARCINDA: Taste of Indonesia – Java Gamelan Collaboration Location and Date: CSU; September 16, 2016 Amount Requested: $900 Amount Recommended: $0 BAS BLEU THEATRE COMPANY: 2016 – 2017 Readers’ Theatre Program (5 plays/15 perf) Location and Date: Bas Bleu Theatre Company; September 2016 – June 2017 Amount Requested: $5,000 Amount Recommended: $5,000 COLORADO BACH ENSEMBLE: Handel’s Messiah Location and Date: Griffin Hall and CSU; December 17, 2016 Amount Requested: $5,000 Amount Recommended: $3,000 DANCE EXPRESS: A Winter’s Celebration Location and Date: Lincoln Center Magnolia Theatre; December 5 & 6, 2016 Amount Requested: $3,000 Amount Recommended: $3,000 DISABLED RESOURCE SERVICES: Wine Fest 35 Location and Date: Marriott Hotel; March 31, 2017 Amount Requested: $5,000 Amount Recommended: $5,000 ELDERHAUS ADULT DAY PROGRAM, INC.: 17th Annual Elderhaus Intergeneration Prom Location and Date: Poudre High School; January 20, 2017 Amount Requested: $2,000 Amount Recommended: $2,000 FOOD BANK FOR LARIMER COUNTY: 20th Annual Empty Bowls Location and Date: The Hilton; February 2, 2017 Amount Requested: $5,000 Amount Recommended: $4,500 FORT COLLINS CHILDREN’S THEATRE: Fort Collins Children’s Theatre Fall Production Location and Date: Lincoln Center Performance Hall; November 18th – 20th, 2016 Amount Requested: $5,000 Amount Recommended: $5,000 FORT COLLINS MUSEUM OF DISCOVERY: Annual Fundraising Event – Night at the Museum Location and Date: Fort Collins Museum of Discovery; September 17, 2016 Amount Requested: $5,000 Amount Recommended: $3,500 FORT COLLINS SYMPHONY ASSOCIATION: Fort Collins Symphony Outside the Box 2016-2017 Series Location and Date: Timberline Church; January 12, 2017 Amount Requested: $5,000 Amount Recommended: $5,000 FRIENDS OF THE SYMPHONY/ FORT COLLINS SYMPHONY GUILD: 2017 Musical Zoo Location and Date: Timberline Church; February 12, 2017 Amount Requested: $5,000 Amount Recommended: $5,000 GLOBAL VILLAGE MUSEUM OF ARTS AND CULTURE: Exhibit: European Heritage – Coming to America Location and Date: Global Village Museum of Arts and Culture; November 4, 2016 Amount Requested: $2,000 Amount Recommended: $2,000 HALFMOON ARTS: Music in the Gallery Location and Date: Ft. Collins Senior Center; October 22, 2016 Amount Requested: $3,500 Amount Recommended: $2,000 11.2 Packet Pg. 103 Attachment: Cultural Resources Board minutes (draft), June 22, 2016 (4619 : Fort Fund June 2016) HIGH PERFORMANCE DANCE THEATRE: 2016/2017 Season of Dance Location and Date: Lincoln Center Magnolia Theatre; October 7-18, 2016 Amount Requested: $3,000 Amount Recommended: $2,100 LARIMER CHORAL SOCIETY (DBA LARIMER CHORAL): Singing for Seniors – Summer 2016 Session Location and Date: Christ United Methodist Church; Griffin Hall; CSU; August 8, 2016 Amount Requested: $5,000 Amount Recommended: $4,000 LAUDAMUS CHAMBER CHORALE: Laudamus Chamber Chorale Location and Date: Plymouth Congregational Church; November 19, 2016 Amount Requested: $3,500 Amount Recommended: $0 LINCOLN CENTER SUPPORT LEAGUE: Contemporary Ceramics Location and Date: Lincoln Center; CSU; Pottery Studio; September 9 – October 29, 2016 Amount Requested: $4,440 Amount Recommended: $4,440 NOCO ARTISTS, INC.: The Seasons Location and Date: Downtown Artery; August 2016 – May 2017 Amount Requested: $5,000 Amount Recommended: $3,500 OPERA FORT COLLINS GUILD: Songs in Summer Location and Date: Hixon Residence; August 4, 2016 Amount Requested: $2,000 Amount Recommended: $1,500 POUDRE RIVER PUBLIC LIBRARY DISTRICT: FoCo Book Festival: Brewing Up Books Location and Date: Wolverine Farm Publick House; Downtown Artery; New Belgium; Old Firehouse Books Amount Requested: $5,000 Amount Recommended: $1,300 PYCH DBA OFF THE HOOK ARTS: Off the Book WinterFest Location and Date: Various venues in Old Town; January 26-29, 2017 Amount Recommended: $3,500 Amount Recommended: $3,000 URBAN LAB AT COLORADO STATE UNIVERISTY: Urban Lab “Off the Rails” Design Competition Location and Date: Galvanize; October 7, 2016 Amount Requested: $5,000 Amount Recommended: $3,000 Total Funding Requested by Applicants: $87,840 Total Funding Recommended for disbursement by CRB: $67,840 Total Unfunded Balance: $20,000 % of Requests Funded: 77 % Ms. Folsom made a motion to submit these recommendations for Fort Fund disbursements to City Council for their approval. Ms. Gilligan seconded the motion. The motion passed unanimously. Liaisons were assigned for the recently funded events that will occur in early August. VI. Discuss SCFD: Ms. Donaldson provided information on SCFD to Mr. Sorensen. 11.2 Packet Pg. 104 Attachment: Cultural Resources Board minutes (draft), June 22, 2016 (4619 : Fort Fund June 2016) VII. Discuss July’s Meeting and Board Review: Ms. Kelley informed the Board of the Board Review, which will happen at July’s meeting. The Board also changed July’s meeting to 2pm for the Board Review. VIII. Other Business: none. Ms. Cox relinquished her duties as a liaison for the APP meetings to Mr. Flowers VIII. Adjournment: 6:56p.m. Respectfully submitted, Megan Kelley Administrative Clerk II 11.2 Packet Pg. 105 Attachment: Cultural Resources Board minutes (draft), June 22, 2016 (4619 : Fort Fund June 2016) -1- RESOLUTION 2016-053 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING FORT FUND GRANT DISBURSEMENTS WHEREAS, providers of lodging accommodations in the City are required by Section 25-252 of the City Code to pay three percent of all revenues derived from such lodging accommodations to the City as a lodging tax; and WHEREAS, pursuant to Section 25-244 of the City Code, twenty-five percent of those revenues are reserved for cultural development and programming, and seventy-five percent of all revenues received by the City from lodging tax are reserved for promotion of convention and visitor activities; and WHEREAS, pursuant to Section 25-244 of the City Code, the Community Cultural Development and Programming Account was established for the purpose of funding cultural development and programming activities, and the Tourism Programming Account was established for the purpose of funding tourist-related special events; and WHEREAS, the City disburses funds from the City’s Cultural Development and Programming Account and Tourism Programming Account in accordance with Section 25-244 of the City Code through its Fort Fund Program; and WHEREAS, the City’s Cultural Resources Board reviews applications from the community for Fort Fund monies and makes recommendations to the City Council in accordance with Section 2-203(3) of the City Code, and in accordance with the administrative guidelines for the Fort Fund program (the "Fort Fund Guidelines"); and WHEREAS, at its regular meeting on June 22, 2016, the Cultural Resources Board recommended funding for various proposals based on the criteria and considerations set forth in Section 2-203 of the City Code and the Fort Fund Guidelines; and WHEREAS, the use of lodging tax revenues will provide a public benefit to the Fort Collins community by supporting cultural development and public programming activities within the City that promote the use of public accommodations within the City; and WHEREAS, the City Council wishes to approve Fort Fund grant disbursements as set forth on Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals above. Packet Pg. 106 -2- Section 2. That the City Council hereby finds that the distribution of funds through the Fort Fund program as set forth on Exhibit “A” serves a public purpose that benefits the community. Section 3. That funds in the total amount of SIXTY SEVEN THOUSAND EIGHT HUNDRED FORTY DOLLARS ($67,840) in the City's Cultural Development and Programming Account are hereby approved for distribution as set forth on Exhibit "A". Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th day of July, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 107 EXHIBIT A FORT FUND GRANT PROGRAM June 2016 APPLICANT PROPOSED EVENT/DATE FUNDING REQUESTS CULTURAL DEVELOPMENT & PROGRAMMING TOURISM PROGRAMMING UNFUNDED BALANCE PERCENT OF REQUEST FUNDED Arcinda Taste of Indonesia - JAVA - Gamelan Collaboration Location:CSU September 16, 2016 This event showcases a highlight of Indonesia as a part of Asian culture and includes traditional music and dance $900 $0 $0 $900 0% from the Javanese Palace during the Indoneisan monarchy and Dutch colonial times. Bas Bleu Theatre Company 2016-2017 Readers' Theatre Series Location: Bas Bleu Theatre Company September 2016 - June 2017 The Reader's Theatre series is unique to the area, allowing the audience to re-discover the imaginative $5,000 $5,000 $0 $0 100% thrill of 'seeing' a play by hearing it skillfully read. Colorado Bach Ensemble Handel's Messiah Location: Griffin Hall; CSU December 17, 2016 Colorado Bach Ensemble will present Handel's iconic Christmastime work, The Messiah, which will be made up of $5,000 $3,000 $0 $2,000 60% professional muscians . Dance Express A Winter Solstice Celebration Location: The Lincoln Center Magnolia Theatre December 5 & 6, 2016 A Winter Solstice Celebrationis a new look in December, incorporating dance, music, and dance theatre in an $3,000 $3,000 $0 $0 100% orginal format, migrating away from the Christmas Rose tradition, bringing new energy to the stage. Disabled Resource Services Wine Fest 35 Location: Marriott Hotel March 31, 2017 Wine Fest in it 35th year brings a great awareness to DRS. $5,000 $5,000 $0 $0 100% Elderhaus Adult Day Program, Inc. 17th Annual Elderhaus Intergration Prom Location:Poudre High School January 20, 2017 Elderhaus' Integration Prom is an event to bring the community together. It is an event for all ages, and gives $2,000 $2,000 $0 $0 100% opportunity to meet new people and socialize. The theme this year is "An Enchanted Summer's Evening." Food Bank for Larimer County 17th Annual Elderhaus Intergration Prom Location: The Hilton February 2, 2017 Empty Bowls is a community-wide collaboration, where PSD students and local artists donated hand-crafted pottery $5,000 $4,500 $0 $500 90% bowls. Local restaurants donate over 20 different soups, along with salad, bread, coffee, tea, and ice cream. Fort Collins Childre's Theatre Fall Production Location: Lincoln Center Performance Hall November 18-19, 2016 This production features a fully staged musical, a professional staff, talented young and experienced adult $5,000 $5,000 $0 $0 100% actors, and a live orchestra appealing to families with children of all ages Fort Collins Museum of Discovery Night at the Museum Location: Fort Collins Museum of Discovery September 17, 2016 APPROVED FUNDING Fort Fund Tier 2: Special Events Fund 1 Packet Pg. 108 Attachment: Exhibit A (4642 : Fort Fund June 2016-RES) APPLICANT PROPOSED EVENT/DATE FUNDING REQUESTS CULTURAL DEVELOPMENT & PROGRAMMING TOURISM PROGRAMMING UNFUNDED BALANCE PERCENT OF REQUEST FUNDED APPROVED FUNDING Night at the Museum is a dynamic adults-only experience that will generate revenue, awareness, and support $5,000 $3,500 $0 $1,500 70% for our museum througout our region. Fort Collins Symphony Association Outside the Box YES and POPS Concerts! Location: Timberline Church Juanuray 12, 2017 & March 24, 2017 Outside the Box is now an established series of events sponsored by the Symphony that are specifically $5,000 $5,000 $0 $0 100% designed to introduce classical music to diverse audiences in our community. Friends of the Symphony/ Fort Collins Symphony Guild Location: Timberline Church 20167Musical Zoo February 12, 2017 An exciting, exploratory and educative experience involving musicians, musical instruments and performances in a fun and $5,000 $5,000 $0 $0 100% stimulating ambience. Global Village Museum of Arts & Culture Exhibit: European Heritage - Coming to America Location: Global Village of Arts and Culture November 4, 2016 - February 18, 2017 A series of monthly programs for adults and youth will be scheduled to share the stories and legends of European $2,000 $2,000 $0 $0 100% migrations to America -- including stories from Ft. Collins settlers, discover your geneaology and your DNA genetic heritage HalfMoon Arts Music in the Gallery Location: Ft. Collins Senior Center October 22, 2016 A musical performance event that will feature local Colorado Junior High and High School youth. Youth will be $3,500 $2,000 $0 $1,500 57% performing a variety of music including blue grass, folk, classical and pop music. High Performance Dance Theatre HPDT 2016/2017 Season Location: Lincoln Center Magnolia Theatre October 7-18, 2016 February 10-11, 2017 HPDT is featuring "Return to the Cabaret" and the "20th Anniversary Gala. The audience will be entertained by talented $3,000 $2,100 $0 $900 70% dancers and singers. Inspired by cabaret style musicals and clubs, this show travels back to a time when jazz was a live and hot! Larimer Choral Society (DBA Larimer Chorale Singing for Seniors -- Summer 2016 Session Location: Christ United Methodist Church; Griffin Hall; CSU June 14 - August 24, 2016 Summer 2016 session, which includes 10 two-hour rehearsals and a final concert. The program actively demonstrates $5,000 $4,000 $0 $1,000 80% the health benefits of singing and the teambuilding and companionship that come from singing in a choir. Laudamus Chamber Chorale Laudamus Chamber Chorale Location: Plymouth Congregational Church November 19, 2016 "The Sceptered Isle" is the theme of a concert to be presented at Plymouth Congregational Church in Fort Collins. $3,500 $0 $0 $3,500 0% This concert will focus on English choral music ranging from Britten's "Festical Te Deum" to folk song arragnements. Lincoln Center Support League Contemporary Ceramics Location: The Lincoln Center; CSU; Pottery Studio September 9 - October 29, 2016 Contemporary Ceramics is a collaborative symposium-style project between the Fort Collins Lincoln Center $4,440 $4,440 $0 $0 100% and CSU's Department of Art. The collaborative program highlights some of the very best artists and ideas working in ceramics today. Noco Artists, Inc. The Seasons Location: Downtown Artery August 2016 - May 2017 The Seasons will include four concerts with multiple performances at the Downtown Artey . $5,000 $3,500 $0 $1,500 70% Opera Fort Collins Guild Songs in Summer 1 Packet Pg. 109 Attachment: Exhibit A (4642 : Fort Fund June 2016-RES) APPLICANT PROPOSED EVENT/DATE FUNDING REQUESTS CULTURAL DEVELOPMENT & PROGRAMMING TOURISM PROGRAMMING UNFUNDED BALANCE PERCENT OF REQUEST FUNDED APPROVED FUNDING Location: The Hixon Residence August 4, 2016 Featured artists will take the stage in a garden setting along with a trio of younger singers during a time of year $2,000 $1,500 $0 $500 75% when the community offers many musical opportunities but none of the semi-classical variety. Poudre River Public Library District FoCo Book Festival: Brewing Up Books Location: Wolverine Farm Publick House; Downtown Artery; New Belgium; Old Firehouse Books October 22, 2016 One-day literary festival that includes workshops, panel discussions, demonstrations, lecture, readings and book $5,000 $1,300 $0 $3,700 26% signings. The intended audience will listen to, interact with and meet authors on beer, coffee, and tea brewing. PYCH Project Youth and Chamber Music Off the Book WinterFest Location: Various venues in Old Town Ft. Collins January 26-29, 2017 This year's festival represents the easy conversation between music and literature. $3,500 $3,000 $0 $500 86% Urban Lab at CSU Urban Lab "Off the Rail" Design Competition Location: Galvanize October 7, 2016 The Urban Lab is conducting a three-stage design competition in partnership with the City of Ft. Collins, the DDA, $5,000 $3,000 $0 $2,000 60% and CSU. Total Funding Requested by Applicants $87,840 Total Funding Approved $67,840 $0 Total Unfunded Balance $20,000 % of Requested Amounts Funded 77% Scores are based on application materials and Fort Fund's "Criteria for Funding." L 1 Packet Pg. 110 Attachment: Exhibit A (4642 : Fort Fund June 2016-RES) Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Matt Robenalt, Executive Director Mike Beckstead, Chief Financial Officer Jennifer Hensley, Finance Coordinator SUBJECT Resolution 2016-054 Approving the 2016 Certification to the Larimer County Assessor Pursuant to C.R.S. Section 31-25-807(3)(a)(IV)(B) for the Downtown Development Authority Property Tax Increment. EXECUTIVE SUMMARY The purpose of this item is to certify to the Larimer County Assessor the percentages of property tax distributions that are to be allocated for the Downtown Development Authority by the Assessor as tax increment from the 2016 property taxes payable in 2017 to the City and to all other affected taxing entities. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION In 2008 the Fort Collins, Colorado Downtown Development Authority (DDA) was in the final ten years of its original thirty-year period (Original TIF Term) during which a portion of property taxes could be allocated to and, when collected, paid into the DDA’s Tax Increment Fund (TIF Fund). Pursuant to C.R.S. §31-25- 807(3)(a), in the final ten years of the Original TIF Term, the City Council by ordinance had the authority to extend such term by one additional twenty-year period (TIF Extension Period). Also, under C.R.S. §31- 25- 807(3)(a), the Council had the authority to allocate more than fifty percent (50%) of property taxes levied by the City to be allocated in accordance with the DDA statutes to be paid into the TIF Fund. On July 10, 2008, the DDA approved its Resolution 2008-06, recommending to the City Council (i) approval of the TIF Extension Period, and (ii) the allocation of one hundred percent (100%) of the City’s property tax increment into the TIF Fund (the 100% City TIF Allocation). On September 2, 2008, the City Council adopted Ordinance No. 101, 2008, approving the TIF Extension Period and the 100% City TIF Allocation. Also, on February 15, 2010, the City Council, as the ex-officio Board of Directors of General Improvement District No. 1, adopted Ordinance No. 060 allocating one hundred percent (100%) of the tax increment revenue from the Fort Collins General Improvement District No. 1 to the DDA Tax Increment Fund for the TIF Extension Period. C.R.S. §31-25-807(3)(a)(IV)(B) requires an annual certification from the City’s governing body to the Larimer County Assessor, which certification needs to include the allocations of tax increment for that year of all affected taxing entities, including the City. The proposed Resolution constitutes the Council’s reaffirmation of the actions it took in the 2008 Ordinance and the 2010 GID Ordinance and the Council’s annual certification to the Assessor for 2016 property taxes payable in 2017 as required by the statute. This certification must be provided to the Assessor by August 1, 2016. 12 Packet Pg. 111 Agenda Item 12 Item # 12 Page 2 CITY FINANCIAL IMPACTS There are no changes in the financial or economic impacts as they currently exist. 12 Packet Pg. 112 -1- RESOLUTION 2016-054 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE 2016 CERTIFICATION TO THE LARIMER COUNTY ASSESSOR PURSUANT TO C.R.S. SECTION 31-25-807(3)(a)(IV)(B) FOR THE DOWNTOWN DEVELOPMENT AUTHORITY PROPERTY TAX INCREMENT WHEREAS, in 2008 the Fort Collins, Colorado Downtown Development Authority (“DDA”) was in the final ten years of its original thirty-year period (“Original TIF Term”) during which a portion of property taxes could be allocated to and, when collected, paid into the DDA’s Tax Increment Fund (“TIF Fund”); and WHEREAS, pursuant to Colorado Revised Statutes (“C.R.S.”) Section 31-25-807(3)(a), in the final ten years of the Original TIF Term, the City Council of the City of Fort Collins, Colorado (“City”) by ordinance had the authority to extend such term by one additional twenty- year period (the “TIF Extension Period”), provided that (i) on the first day of the TIF Extension Period the established base year for the allocation of property taxes is advanced by ten years, and (ii) upon the completion of the first ten years of the TIF Extension period, the base is advanced by one year for every additional year through the final ten years; and WHEREAS, pursuant to C.R.S. Section 31-25-807(3)(a), the City Council also had the authority to allocate more than fifty percent (50%) of property taxes levied by the City to be allocated in accordance with the DDA’s statutes and to be paid into the TIF Fund; and WHEREAS, on July 10, 2008, the DDA approved its Resolution 2008-06 (the “DDA Resolution”) recommending to the City Council (i) approval of the TIF Extension Period, and (ii) the allocation of one hundred percent (100%) of the City’s property tax increment into the TIF Fund (the “100% City TIF Allocation”); and WHEREAS, on September 2, 2008, the City Council adopted Ordinance No. 101, 2008 (the “2008 Ordinance”) approving the TIF Extension Period and, consistent with the August 19, 2008 Agenda Item Summary accompanying such ordinance and the DDA Resolution, approved the 100% City TIF Allocation; and WHEREAS, on February 15, 2011, the City Council, as the ex-officio Board of Directors of General Improvement District No. 1 (“GID Board”), adopted Ordinance No. 060 (“2011 GID Ordinance”) allocating one hundred percent (100%) of the tax increment revenue from the Fort Collins General Improvement District No. 1 to the DDA Tax Increment Fund for the TIF Extension Period, with the seventh recital of the 2010 GID Ordinance confirming that the 2008 Ordinance had approved the 100% City TIF Allocation; and WHEREAS, pursuant to C.R.S. Section 31-25-807(3)(a)(IV)(B), an annual certification to the Larimer County Assessor (“Assessor”) is required, which certification needs to include the allocations of tax increment for that year of all affected taxing entities, including the City; and WHEREAS, the purposes of this Resolution are to reaffirm the Council’s previous actions in the 2008 Ordinance to acknowledge the actions it took as the GID Board in the 2011 Packet Pg. 113 -2- GID Ordinance, and to provide the Assessor with the City Council’s 2016 certification pursuant to C.R.S. Section 31-25-807(3)(a)(IV)(B). NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Council hereby reaffirms its previous actions in the 2008 Ordinance, acknowledges the actions it took as the GID Board in the 2011 GID Ordinance, and certifies to the Assessor, pursuant to C.R.S. Section 31-25-807(3)(a)(IV)(B), that for 2016 property taxes payable in 2017, the City and the Fort Collins General Improvement District No. 1 continue to allocate 100% of their available property tax increment from their mill levies to the DDA tax increment fund, but that all other affected taxing entities are only allocating 50% of their property tax increment. Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins this 19th day of July, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 114 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council ITEM WITHDRAWN – WILL BE CONSIDERED ON JULY 26, 2016 STAFF Patrick Rowe, Redevelopment Program Coordinator Josh Birks, Economic Health Director SUBJECT Resolution 2016-055 Setting for August 16, 2016, a Noticed Public Hearing for the City Council’s Consideration of an Ordinance Authorizing the Organization of the Midtown Business Improvement District. EXECUTIVE SUMMARY The purpose of this item is to consider the adoption of a resolution setting a public hearing date for August 16, 2016 to consider the formation of a Business Improvement District within Midtown Fort Collins. Adoption of the Resolution only sets the public hearing date for consideration of this matter. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The South Fort Collins Business Association (SFCBA), which represents a number of business and property owner interests within Midtown Fort Collins, has expressed a desire to form a Business Improvement District (BID). As proposed, the purpose of the BID is to “leverage public sector investments and provide private sector stakeholders in the area with a stronger platform through which to advocate for - and directly fund - needed improvements as Midtown comes into a new era”. The District’s operations would be funded through a special tax assessment based on frontage that would apply to the commercial properties along College Avenue and East Foothills Parkway (the portion of Foothills Parkway that runs through the Foothills Mall) between Prospect Road and Harmony Road (Attachment 1). (Note: Per state law, no residential property is included). The purpose of this item is to formally set the date of the public hearing consistent with the below schedule. Following approval of this Resolution, a notice of public hearing will be published and notices of the hearing will be mailed to all property owners within the BID’s proposed boundary. This item does not take action on the formation of the district, that question will be considered at future council meetings according to the below schedule. The proposed Midtown BID cites the following goals and objectives in its draft Operating Plan: Create a collective voice to accomplish the goals of the neighborhood, provide leadership for the neighborhood, and champion the vision of the Midtown. Serve as the activator of the Midtown neighborhood, providing programming, marketing and activities year-round. Purposefully improve and advance Midtown and facilitate economic growth and overall increased vitality in Midtown. Agenda Item 13 Item # 13 Page 2 Develop and establish Midtown’s character and personality, communicate it succinctly, and bring it to life. Create synergistic relationships with the City of Fort Collins to create an accessible and desirable place for locals and visitors. Find interesting, active and creative uses for shops, sidewalks and open spaces that can boost the economy, thus diversifying the mix and adding new business opportunities. Provide awareness, recognition, promotion and education about Midtown. Keep Midtown safe, clean and welcoming. Be an administrative umbrella that brings the neighborhood together and maximizes funding opportunities for the future of Midtown. BID operations and undertakings will be funded through a special assessment of properties within the district boundary based on College Avenue and East Foothills Parkway frontage. The assessment is based on $10 per linear foot of frontage, and is anticipated to raise approximately $300,000 annually. The BID will have the ability to raise the assessment annually, up to but not to exceed the consumer price index (CPI). State statutes provide for a board of between five (5) and eleven (11) members. The initial BID board as proposed will consist of 9 members. SFCBA, acting as the BID formation group, has recommended a list of individuals to be appointed as the initial board. SFCBA made its recommendation based on whom it believes to be interested, qualified, and will broadly represent the district’s interests (for a list of these individuals, please refer to pages 4 and 5 of Attachment 2). The term of office shall be staggered to encourage continuity of governance. The length of the term is staggered between two (2) and three (3) years. State statute provides that future board appointments are to be made by City Council. Per state statute, BIDs in Colorado may exist in perpetuity. As proposed, the Midtown BID will have an initial ten-year term. This allows stakeholders to evaluate the BID’s effectiveness at the end of this initial term. If the BID is successful, as anticipated, it will request a renewal from City Council. BID statutes require the BID to file an annual operating plan and budget with the City on or before September 30 of each year. The City reviews and approves these documents as provided by law. Business Improvement District Formation Process The formation of a BID is initiated by a petition of potentially affected property owners within the proposed district’s boundaries. State statutes set two minimum thresholds which must be met for the petition to be valid: (1) petition signatures must represent at least 50% of the proposed district according to valuation; and (2) petition signatures must represent at least 50% of the proposed district by acreage. Following a successful petition, the question of formation is put to City Council for consideration, which includes a public hearing on the matter. Key dates of the Midtown BID’s proposed formation schedule are as follows: July 15, 2016 Completed Petition submitted to City July 19, 2016 Public Hearing set for August 16, 2016 July 26, 2016 First Reading of BID formation ordinance August 16, 2016 Public Hearing / Second Reading of BID formation ordinance Note: A public hearing may occur at either a first or second reading. Due to timing requirements prescribed by state statute and firm dates related to the BID’s required TABOR election, a second reading public hearing date was necessary. Agenda Item 13 Item # 13 Page 3 Following formation, the BID will conduct a TABOR election to address the BID’s future revenues. The BID itself will conduct this election process in coordination with Larimer County. The purpose of this item is to formally set the date of the public hearing consistent with the above schedule. Following approval of this Resolution, a notice of public hearing will be published and notices of the hearing will be mailed to all property owners within the BID’s proposed boundary. CITY FINANCIAL IMPACTS N/A BOARD / COMMISSION RECOMMENDATION N/A PUBLIC OUTREACH Property owners within the service area and boundaries of the proposed district will receive formal mailed notice of the public hearing once set. The public at large will be notified via published notice, consistent with state law. ATTACHMENTS 1. Midtown BID Boundary Map (PDF) 2. Midtown BID Operating Plan (PDF) S Shields St S College Ave E Drake Rd W Drake Rd E Prospect Rd S Mason St E Horsetooth Rd W Prospect Rd W Harmony Rd S Lem a y Ave W Horsetooth Rd B o a r d walk D r E Harmony Rd J o hn F K e n n ed y P kwy Landings Dr S Lemay Ave Proposed Midtown Business Improvement District Boundaries College Ave Frontage © Foothills Parkway Frontage ATTACHMENT 1 B ($+#)' # '' "%&$* " #( '(& (0 1 % &( # !# C % %+ ) *+ % 2+ - %) + - ,* * &)* &'*2* .#"*%&' %*' *+ +%&&*++ &%&$02+ ,* - )* 0 % + $ /% % % .,* % **&''&)+,% + *4 )&- .) % **2) & % + &%2')&$&+ &%% ,+ &%&,+ +&.%4 D - # ++ % - %+*+ +) - +) %+&,* % ** *%# - ) % ')+% )* '*. + +&.% *+" &# )*4 - ,# %&$$,% +0) #+ &%* %*,''&)+& )&. % + +&.%&)) &)+ + #'')&$&+ . 0 +&.% * *+ %+ &% % +*&.%) +4 E $ $ )* '*2 9 &)9* )- ')&! +*2)&.*&,) % %')+% )* '*&%+&'& + *' # ** **$ %+4 &)2. + +0'')&-#2.&,# + )$ % + %%,#&' )+ % , + 0 ) & &' )+ &%*2* ,'&%+ ') &) + ** +&,+ %+ *'#%4 )&' )+ *! %++&2,+%&+. + %+ &,%) *2$0 # ++&')+ '+ %+ 4'&% ) (, *+2+ .&,#')&- + % #** *+% +& #'4&&*&2+ &.% )*& *, ')&' )+ * .&,# ) (, ) +& # .) ++ %' + + &%. + + +0& &)+&## %*2) (, *+ % + ++ )')&' )+0 %#, %+ 4 ' + + &%* ## &$'% 0 '&* +& $&% 0*, %++&'0## &*+*& + %#,* &%&) /#,* &%')& % *4,# %&+ . ## - %2',# ) % . ## # %%&) %% $0 &'+ 0&)+&## %* +0&,% #4 + )$ %+ &%& ** **$ %+ &) ')&' )+ *!& % % + . &%&+ - )&%+ &% + )&## - %, &)&&+ ##*)".0 * ## ** ** + *$ )&%+ )+ *+ ) *+& + &)+ )')+ ,#) )&%+ &%+ *+) + + 0) #&+ 4 *##&. 0#.2+ $0 **, &%*&)&+ )$,#+ '# 90 ) %% #&# + &%* F %*+ +,+ &%*#&% + &)) &) ' )&#$ ) #$ ))&' )+ * &% *+% % &)+&## %* ,* % **&.% )%) * %+ . &. ## #') ') * %++ * &'' % %+ )*% % )# ,* % ** *#&% + &)) &) ," +) .)" )) ##&,%+ %++ * ) * %+& + # % + &)+*+& &)$+ %. ##) $ %&%+ &)+&* + - * &% + )&, & % % 0 &&+ ##*## & &&+ ##*##2 ) ') * %+ % +#0*+')&! 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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 a public hearing on the sufficiency of said petition for the organization of the Midtown District is hereby ordered to be held before City Council, as required by Section 31-25-1206, on the question of whether the service area of the proposed Midtown District shall be designated as a location for new business or commercial development and to consider the adoption of an ordinance to organize the proposed Midtown District. Section 3. That such hearing shall be held during the August 16, 2016, regular meeting of the City Council that will start at 6:00 p.m. and be held in City Council Chambers Packet Pg. 125 -2- located at 300 LaPorte Avenue, Fort Collins, Colorado 80521, at which date, time and place any interested party may appear and be heard on the sufficiency of the petition and on the issue of whether the service area of the proposed Midtown District shall be designated as a location for new business or commercial development. Section 4. That the City Clerk shall cause notice of this public hearing to be published and mailed in accordance with the requirements of Section 31-25-1206 of the Act. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th day of July, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 126 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Sharon Thomas, CDBG/HOME Program Administrator SUBJECT Resolution 2016-056 Recognizing and Supporting the City's Culture and Health in Order to Join the Healthy Eating and Active Living Cities & Towns Campaign and Fulfill the Requirements for the Kaiser Permanente Walk & Wheel Colorado Grant Awarded to the City in 2014. EXECUTIVE SUMMARY The purpose of this item is to consider a resolution in support of the City’s culture of health. The City’s FCMoves Department was awarded a Kaiser Permanente Walk & Wheel grant to fund bicycle safety education and outreach, Open Streets events, bicycle and pedestrian data collection, an update to and printing of the Fort Collins bicycle map, and the development of the Fort Collins Bike Share Business Plan. Joining the HEAL Cities & Towns Campaign of LiveWell Colorado by adopting this resolution fulfills Kaiser’s expectations for grant recipients. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION LiveWell Colorado is a nonprofit organization committed to preventing and reducing obesity in Colorado by promoting healthy eating and active living. LiveWell Colorado aims to provide every Coloradan with access to healthy foods and opportunities for physical activity. LiveWell Colorado was established in 2009 through funding through the Colorado Health Foundation and Kaiser Permanente, and in partnership with the Colorado Department of Public Health and Environment. A partnership between LiveWell Colorado and the Colorado Municipal League, the Healthy Eating and Active Living (HEAL) Cities & Towns Campaign is funded through a grant from the Colorado Department of Public Health and Environment’s Cancer, Cardiovascular Disease and Pulmonary Disease Grant Program and supported by Kaiser Permanente. HEAL Campaign provides training and technical assistance to help cities improve access to physical activity and healthy food. Once the resolution is formally adopted Fort Collins becomes a member of the Campaign. There are currently 41 Colorado communities participating in the HEAL Campaign. Out of four categories - Eager, Active, Fit and Elite - eight communities are designated as “Fit” and one is designated as “Elite”. Based upon programs and policies in support of healthy eating and active living activities that are already in place, Fort Collins will enter into the Campaign at the” Fit” level. While communities may independently join the Campaign, Fort Collins will be joining as a result of receiving the 2014 Kaiser Permanente Walk & Wheel Grant. Adoption of the HEAL Campaign resolution fulfills Kaiser’s expectations for grant recipients. As a member of the Campaign the City will receive the following benefits: Technical assistance on healthy eating and active living initiatives Access to free webinars and trainings 14 Packet Pg. 127 Agenda Item 14 Item # 14 Page 2 Recognition at Colorado Municipal League events Recognition on the HEAL Cities & Towns website Participation at the annual HEAL Cities & Towns Campaign Summit For more information about LiveWell Colorado and the HEAL Cities & Towns Campaign visit the website at livewellcolorado.org . ATTACHMENTS 1. HEAL campaign brochure (PDF) 14 Packet Pg. 128 HEAL CITIES & TOWNS CAMPAIGN AN INITIATIVE OF LIVEWELL COLORADO AND THE COLORADO MUNICIPAL LEAGUE BRING and active living TO YOUR COMMUNITY healthy eating ATTACHMENT 1 14.1 Packet Pg. 129 Attachment: HEAL campaign brochure (4618 : Commitment to a Culture of Health) HEADED IN THE RIGHT DIRECTION The HEAL (Healthy Eating Active Living) Cities & Towns Campaign of Colorado is a partnership between LiveWell Colorado and the Colorado Municipal League (CML). The campaign provides training and technical assistance to help city officials adopt policies that improve access to physical activity and healthy food. At LiveWell Colorado, we know that supporting healthy choices is essential to addressing the obesity epidemic among Colorado’s children and adults. We’re confident we can make great headway by partnering with municipal officials to make this happen. THE INTERSECTION OF QUALITY & LIFE As a civic leader, you can and do make meaningful differences in people’s lives. One way to effect change is by developing and implementing policies that help residents take steps toward healthier, more active living. Our HEAL Cities & Towns Campaign makes it all so easy. First, joining is free. And second, our knowledgeable, helpful staff provides assistance in crafting these policies, sharing the workload. Choose your goals, and together we can help lift the quality of your residents’ lives. GET MOVING ON A SMART INVESTMENT Healthier communities lead to healthier people — the same people who work for your local businesses or as municipal employees. So, it makes bottom-line sense to become a HEAL City or Town. It helps prevent and reduce obesity and related conditions, cut down on lost productivity and curb health care costs. Better yet, your healthy city makes the top of the list when business leaders and residents are deciding where to relocate. Joining the Campaign is a smart, long-term investment. JUST THE MOMENTUM YOU NEED Joining the Campaign is free and easy. Our staff assists in drafting a resolution, which outlines the focus of your policy area(s). Once the resolution is formally adopted, your town becomes a member of the Campaign. You then have access to our free support and training, helping turn your policy goals into reality. PUT YOUR CITY OR TOWN ON THE MAP THE FACTS • Fifty-eight percent of adults and nearly a quarter of children in Colorado are overweight or obese.i • The current adult obesity rate of 20.9 percent, which makes us the “leanest” state today, would have made us the “fattest” state in 1995.ii • Colorado spent $1.637 billion treating diseases and conditions related to obesity in 2009.iii • If Colorado’s adult obesity rate returned to 1996 levels, Colorado employers and employees could save an estimated $228.9 million annually in health care costs.iv What makes a city or town healthy? It’s about more than nice views, clean surroundings and a busy economy. Healthy cities offer environments that give residents plenty of opportunities to be physically active and eat healthy foods. Bike lanes, recreation centers, farmers’ markets — these are the kind of 21st century resources that make towns vital and attractive to both home buyers and businesses. People want to work and live in a place that makes it easy to live well. JOIN THE HEAL CITIES & TOWNS CAMPAIGN LIVEWELLCOLORADO.ORG/HEALCAMPAIGN i Behavioral Risk Factor Surveillance System, Centers for Disease Control and Prevention, 2010. ii The 2012 Colorado Health Report Card, The Colorado Health Foundation, 2013; Obesity Trends, Centers for Disease Control and Prevention, 2012. iii Trogdon, J.G., Finkelstein, E.A. Feagan, C.W., Cohen, ONWARD TO BETTER LIVING ACTIVE COMMUNITY HEALTHY FOOD ACCESS HEALTHY WORKPLACE • Technical assistance on policy work • Branding components including use of Campaign logo • Media relations assistance • Recognition at CML regional meetings and various CML events • Plaque to display in your municipal building • Recognition in quarterly newsletter Eager Cities & Towns join the Campaign by adopting a HEAL Cities & Towns Campaign Resolution, expressing the intent to work with us on at least one HEAL policy area. Active Cities & Towns are municipalities that already have at least one HEAL policy on their books before joining the Campaign. They join our Campaign by submitting this policy as well as adopting a resolution expressing the intent to work with us on additional HEAL policies. Eager Cities & Towns become Active by adopting a second HEAL policy. Fit Cities & Towns are those that have adopted a policy in each of our three outlined policy areas after joining the Campaign. Elite Cities & Towns have adopted the three policies described in our Fit category plus two additional policies, bringing the total to five policies. Policies concerning land use, planning, zoning, infrastructure develop- ment, etc. Policies regarding farmers’ markets, urban agriculture, ways to attract healthy food vendors and more Policies that increase opportunities for physical activity and healthy eating for municipal employees EAGER ACTIVE FIT ELITE BENEFITS SELECT CAMPAIGN CAMPAIGN POLICY AREAS CAMPAIGN LEVELS Our goal is to help you build a super healthy city. But we also recognize that each town moves at its own pace. That’s why we’ve developed four graduated categories of HEAL Cities & Towns. As you work with us to achieve each new level, we offer additional rec- ognition through the use of the HEAL logo for your website, press releases and more. We provide the resources, expertise and inspiration, and you sustain the momentum to reach the highest level of healthy eating and active living for your city. TAKE THE HIGH ROAD TO HEALTH The HEAL Cities & Towns Campaign is free. With technical assistance from our experts, it’s time efficient. You also gain the satisfaction of helping your fellow residents improve their health. Plus, by boosting the overall appeal of your city or town in the eyes of prospective new businesses and residents, it’s a smart economic development move. Why not get started today? Join your colleagues all across Colorado in the HEAL Cities & Towns Campaign. Contact Julie George, HEAL Cities & Towns Campaign Director, at juliegeorge@livewellcolorado.org or 720.353.4120 x217 Visit LiveWellColorado.org/HEALCampaign for more details. Aurora LIVEWELL COLORADO IS A NONPROFIT ORGANIZATION COMMITTED TO REDUCING OBESITY IN COLORADO BY PROMOTING HEALTHY EATING AND ACTIVE LIVING. A HEALTHY PARTNERSHIP A partnership between LiveWell Colorado and the Colorado Municipal League, the HEAL Cities & Towns Campaign is funded through a grant from the Colorado Department of Public Health and Environment’s Cancer, Cardiovascular Disease and Pulmonary Disease Grant Program and supported by Kaiser Permanente. ABOUT COLORADO MUNICIPAL LEAGUE (CML) The Colorado Municipal League (CML) is a nonprofit, nonpar- tisan organization that has served and represented Colorado’s cities and towns since 1923. Currently, 265 of Colorado’s 271 municipalities are members of CML and benefit from advocacy, information and training services. CML’s mission is twofold: to represent cities and towns collectively in matters before the state and federal government, and to provide a wide range of information services to assist municipal officials in managing their governments. ABOUT LIVEWELL COLORADO LiveWell Colorado is a nonprofit organization committed to preventing and reducing obesity in Colorado by promoting healthy eating and active living. Working in partner- ship with obesity prevention efforts across the state, LiveWell Colorado aims to provide every Coloradan with access to healthy foods and opportunities for physical activity in the places they live, work, learn and play. LiveWell Colorado was established in 2009 through generous funding by its strategic partners and funders, the Colorado Health Foundation and Kaiser Permanente, and in partnership with the Colorado Department of Public Health and Environment. BEHIND THE MOVEMENT ©2013 COPYRIGHT LIVEWELL COLORADO. ALL RIGHTS RESERVED. ADVISORY COMMITTEE The 10-member Advisory Committee provides valuable leadership, feedback and guidance to the Campaign. The Committee lends the Campaign the mu- nicipal insider’s view and champions the role of municipalities in promoting HEAL. CHARLES BAYLEY* Mayor Pro Tem, Bennett, CO MIKE BRAATEN Deputy City Manager, Littleton, CO RENÉ BULLOCK Mayor Pro Tem, Commerce City, CO PAMELA GOULD Council Member, Golden, CO SHANE HALE City Manager, Cortez, CO NIKKI KNOEBEL Mayor, Oak Creek, CO JAN MARTIN* Council Member, Colorado Springs, CO NICOLE NICOLETTA Council Member, Manitou Springs, CO VICKY QUINLIN Council Member, Brush, CO HEIDI WILLIAMS Mayor, Thornton, CO *Colorado Municipal League executive board member CONTACT US TODAY TO BECOME A HEAL CITY OR TOWN. Julie George, HEAL Cities & Towns Campaign Director 720.353.4120 x217 • juliegeorge@livewellcolorado.org LiveWellColorado.org/HEALCampaign LiveWellColo livewellco livewellco LiveWellColorado Last updated February 2014 -1- RESOLUTION 2016-056 OF THE COUNCIL OF THE CITY OF FORT COLLINS RECOGNIZING AND SUPPORTING THE CITY’S CULTURE OF HEALTH IN ORDER TO JOIN THE HEALTHY EATING AND ACTIVE LIVING CITIES & TOWNS CAMPAIGN AND FULFILL THE REQUIREMENTS FOR THE KAISER PERMANENTE WALK & WHEEL COLORADO GRANT AWARDED TO THE CITY IN 2014 WHEREAS, LiveWell Colorado is a nonprofit organization committed to preventing and reducing obesity in the state by promoting healthy eating and active living in the places we live, work, learn and play; and WHEREAS, in 2012 the Colorado Municipal League entered into a memorandum of understanding with LiveWell Colorado to work collaboratively on the Healthy Eating and Active Living (HEAL) Cities & Towns Campaign (the “Campaign”); and WHEREAS, the Campaign is funded by the Colorado Department of Public Health and Environment and Kaiser Permanente (“Kaiser”), and aims to reduce and prevent obesity by engaging municipal leaders to champion healthy eating and active living in their communities through adoption of policy and promotion opportunities for residents and municipal employees; and WHEREAS, in 2014 Kaiser awarded the City a Walk & Wheel Colorado Grant to fund bicycle and pedestrian education and outreach (the “Grant”); and WHEREAS, although the Grant agreement does not mention the Campaign, Kaiser’s funding application guidelines stated that funded communities must be enrolled in or enroll in the Campaign with the first year of being funded by adopting a resolution in support of healthy communities that includes a commitment to adopt at least one policy in support of healthy eating and active living; and WHEREAS, City staff wishes to fulfill this requirement and is recommending that the Council approve this Resolution and join the Campaign; and WHEREAS, Fort Collins was ranked #1 for the Let’s Move! Cities, Towns and Counties initiative in 2014 and has been asked to participate in the Let’s Move! Cities, Towns and Counties All-Stars initiative; and WHEREAS, the City of Fort Collins maintains 875 acres of parks (including six community parks and 42 neighborhood parks), 41,000 acres of natural areas, 110 miles of off- street hiking/biking trails, three golf courses, a racquet center, three swimming pools, and an ice rink; and WHEREAS, in 2013 Fort Collins was designated a Platinum-level Bicycle Friendly Community by the League of American Bicyclists - one of only five communities in the country to reach this level; and Packet Pg. 133 -2- WHEREAS, in 2016, the City of Fort Collins was designated a Platinum-level Bicycle Friendly Business - one of only two Platinum businesses in Colorado; and WHEREAS, the City of Fort Collins was identified as a Health Links-Certified Healthy Business Leader in 2016 for its promotion of workplace wellness; and WHEREAS, Fort Collins demonstrates ongoing support of active transportation through the development, adoption, and ongoing funding and implementation of cutting-edge multi- modal transit including the 2014 Bicycle Master Plan, 2011 Pedestrian Plan, Trails Master Plan, rapid transit bus service, regular bus service and 170 miles of on-street bike lanes; and WHEREAS, Fort Collins residents have a long-standing commitment to community health, supporting tax measures to fund community priorities; and WHEREAS, Fort Collins has been a leader in tobacco policy, systems and environmental changes, and in 2015 expanded a smoke-free policy to all City buildings, grounds, parks, trails, natural areas, the Downtown area and City-sponsored events; and WHEREAS, Fort Collins has a long history of addressing community health needs through citizen engagement and collaboration with other local governments, health care providers and public health practitioners; and WHEREAS, while individual lifestyle changes are necessary, individual effort alone will not ensure a healthy community: societal and environmental changes are necessary to support individual efforts to make healthy choices easier for all who live, work, learn and play in the Fort Collins community; and WHEREAS, by joining the Campaign the City will receive the following benefits: Free technical assistance on healthy eating and active living initiatives; Access to free webinars and trainings; Public relations and marketing resources; Recognition at Colorado Municipal League events; Recognition on the Campaign website; and Participation in the annual HEAL Cities & Towns Campaign Summit. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby recognizes health and wellness as a critical component to the well-being of adults, children and families in Fort Collins, and to that end adopts this Resolution directing the City Manager to take such actions as may be necessary or appropriate to enroll the City in the HEAL Cities & Towns Campaign. Packet Pg. 134 -3- Section 3. That as part of its commitment to not only maintain but to strengthen the culture of health in Fort Collins, the City, its staff and collaborative partners will be intentional in developing an active community and supporting opportunities for healthy food access, and the City intends to continue setting an example for other businesses by maintaining a leading workplace wellness program. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th day of July, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 135 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF John Voss, Controller/Assistant Financial Officer Mike Beckstead, Chief Financial Officer SUBJECT Second Reading of Ordinance No. 082, 2016, Appropriating Proceeds from the Issuance of City of Fort Collins, Colorado, Wastewater Utility Enterprise, Sewer Revenue Refunding Bonds, Series 2016A, in the Maximum Aggregate Principal Amount of $21,900,000 in the Wastewater Utility Fund. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on July 5, 2016 by a vote of 6-0 (Horak recused) appropriates the proceeds from the Revenue Refunding Bond, series 2016A, for the purpose of refinancing the callable portion of the 2009A Revenue Bonds. Proceeds will be used to pay off callable bonds as well as pay for cost of issuance fees. The proceeds from the original 2009A bonds of $30.7 million were used to make improvements to the Mulberry Water Reclamation Facility. Savings are anticipated to be $2.4 million. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 5, 2016 (w/o attachments) (PDF) 2. Ordinance No. 082, 2016 (PDF) 15 Packet Pg. 136 Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY July 5, 2016 City Council STAFF John Voss, Controller/Assistant Financial Officer SUBJECT First Reading of Ordinance No. 082, 2016, Appropriating Proceeds from the Issuance of City of Fort Collins, Colorado, Wastewater Utility Enterprise, Sewer Revenue Refunding Bonds, Series 2016A, in the Maximum Aggregate Principal Amount of $21,900,000 in the Wastewater Utility Fund. EXECUTIVE SUMMARY The purpose of this item is to appropriate the proceeds from the Revenue Refunding Bond, series 2016A, for the purpose of refinancing the callable portion of the 2009A Revenue Bonds. Proceeds will be used to pay off callable bonds as well as pay for cost of issuance fees. The proceeds from the original 2009A bonds of $30.7 million were used to make improvements to the Mulberry Water Reclamation Facility. Savings are anticipated to be $2.4 million. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION After passage of the TABOR Amendment by the Colorado voters in 1992, the City’s voters approved an amendment to the City Charter that authorized the City Council to establish the City’s Wastewater Utility Enterprise (“Enterprise”), as well as enterprises for the City’s other utilities. In 1993, the City Council adopted an ordinance establishing the Enterprise. The Charter amendment authorizes the Enterprise to issue its own revenue bonds on behalf of the City. In doing so, the Enterprise is exempt from the voter-approved requirements of the TABOR Amendment with respect to the issuance of bonds. Since that time, all utility bonds have been issued by the appropriate utility enterprise. However, the City Charter grants only the Council the power to appropriate the funds. Therefore, this action by the Council is necessary in order to appropriate the bond proceeds for the Wastewater Utility. Authorizing the issuance of the bonds and appropriating the proceeds are both necessary to complete the bond transaction. In Proprietary Funds such as the Wastewater Enterprise Fund, the accounting treatment will record this transaction almost all on the balance sheet. The exception is for cost of issuance fees, which will be recorded in the income statement as expenses. Types of issuance costs include Financial Advisor services, Bond Counsel services, rating agency, escrow trustee, bond bidding, and others. CITY FINANCIAL IMPACTS Bond proceeds of $21.9 million will be used to pay the cost of issuance fees and defease the callable portion of the 2009A Wastewater Revenue Bonds. Savings are anticipated to be $2.4 million with a net present value savings of $2.1 million. The cost of issuance is included in the net savings calculations. ATTACHMENT 1 15.1 Packet Pg. 137 Attachment: First Reading Agenda Item Summary, July 5, 2016 (w/o attachments) (4641 : SR 082 2016 Sewer Bonds Refunding Appropriation) Agenda Item 3 Item # 3 Page 2 $ 000s Date Old Debt Service New Debt Service Savings Present Value Savings 12/1/2016 $ 1,707 $ 1,663 $ 44 $ 42 12/1/2017 2,422 2,270 153 150 12/1/2018 2,425 2,272 153 147 12/1/2019 2,450 2,242 208 195 12/1/2020 2,467 2,256 210 194 12/1/2021 2,486 2,279 207 186 12/1/2022 2,507 2,298 209 184 12/1/2023 2,534 2,324 210 182 12/1/2024 2,557 2,346 211 179 12/1/2025 2,585 2,379 206 171 12/1/2026 2,612 2,403 208 170 12/1/2027 2,623 2,413 211 168 12/1/2028 2,644 2,434 210 164 32,018 29,580 2,438 2,133 BOARD / COMMISSION RECOMMENDATION At its June 1, 2016 meeting, the Council Finance Committee recommended adoption of the Ordinance to refinance the 2009 Wastewater Revenue Bonds. At its June 16, 2016 meeting, the Water Board recommended adoption of an ordinance to allow for the pre- refunding of the 2009 Wastewater Revenue Bond. ATTACHMENTS 1. Council Finance Committee minutes, June 1, 2016 (PDF) 2. Water Board minutes, June 16, 2016 (draft) (PDF) 15.1 Packet Pg. 138 Attachment: First Reading Agenda Item Summary, July 5, 2016 (w/o attachments) (4641 : SR 082 2016 Sewer Bonds Refunding Appropriation) -1- ORDINANCE NO. 082, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PROCEEDS FROM THE ISSUANCE OF CITY OF FORT COLLINS, COLORADO, WASTEWATER UTILITY ENTERPRISE, SEWER REVENUE REFUNDING BONDS, SERIES 2016A, IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $21,900,000 IN THE WASTEWATER UTILITY FUND WHEREAS, upon passage on first and second reading of Ordinance No. 006 of the Board of the City of Fort Collins, Colorado, Wastewater Utility Enterprise (the “Board Ordinance”), the Enterprise intends to issue City of Fort Collins, Colorado, Wastewater Utility Enterprise, Sewer Revenue Refunding Bonds, Series 2016A, to be issued during 2016, in the Maximum Aggregate Principal Amount of $21,900,000 (the “Bonds”); and WHEREAS, the issuance of the Bonds, and the appropriation of the proceeds thereof, is necessary to complete the refunding of the City’s Sewer Revenue Refunding Bonds, Series 2016A; and WHEREAS, proceeds from the Bonds of $21,900,000 were not included in the 2016 budget, and the appropriation of these proceeds is necessary for the payment to the refunded bond escrow agent and of bond issuance costs; and WHEREAS, Section 19.3(b) of Article V of the City Charter provides that an enterprise board of the City shall not exercise powers reserved to the Council by the City Charter or otherwise (other than the power to issue revenue bonds and other obligations); and WHEREAS, Article V, Section 9, of the City Charter authorizes the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the previously unappropriated proceeds of the Bonds in the amount of $21,900,000 will not cause the total amount appropriated in the relevant funds to exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, the City Council hereby determines that the adoption of this Ordinance is necessary for the public’s health, safety and welfare and finds that it is in the best interests of the City and its Wastewater Utility. 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. 15.2 Packet Pg. 139 Attachment: Ordinance No. 082, 2016 (4641 : SR 082 2016 Sewer Bonds Refunding Appropriation) -2- Section 2. That the previously unappropriated proceeds of the Bonds in the amount of TWENTY ONE MILLION NINE HUNDRED THOUSAND DOLLARS ($21,900,000) are hereby appropriated in the Wastewater Fund for payment to the refunded bond escrow agent and bond issuance costs contingent upon the final adoption of the Bond Ordinance and the final sale and issuance of the Bonds by the Enterprise. Introduced, considered favorably on first reading, and ordered published this 5th day of July, A.D. 2016, and to be presented for final passage on the 19th day of July, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of July, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 15.2 Packet Pg. 140 Attachment: Ordinance No. 082, 2016 (4641 : SR 082 2016 Sewer Bonds Refunding Appropriation) Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Lindsay Ex, Environmental Program Manager Jackie Kozak-Thiel, Chief Sustainability Officer Mike Beckstead, Chief Financial Officer Kevin Gertig, Utilities Executive Director Laurie Kadrich, Director of PDT Jeff Mihelich, Deputy City Manager Lucinda Smith, Environmental Sustainability Director Susie Gordon, Senior Environmental Planner SUBJECT Second Reading of Ordinance No, 081, 2016, Appropriating Prior Year Reserves in the General Fund for 2016 Projects Associated with the 2020 Climate Action Plan (CAP) Strategic Plan. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on June 21, 2016, appropriates funding from the prior year reserves in the General Fund to implement two initiatives outlined in the Draft 2020 Climate Action Plan (CAP) Strategic Plan. First, the Ordinance appropriates $85,000 accumulated during 2015 and 2016 in the Waste Innovation Fund account into the City’s General Fund account to initiate the Municipal Green Waste (Composting) Site Initiative. Second, based on direction at First Reading, the Ordinance also appropriates $1,460,000 from the General Fund to provide energy efficiency rebates for the business community ($1.37M) and the Efficiency Works Neighborhoods Pilot ($0.09M) through 2016. STAFF RECOMMENDATION Staff recommends that Council appropriate $85,000 from the prior year General Fund Reserves for the City of Fort Collins Municipal Green Waste Composting site, and recommends postponing consideration of $1.46M for 2016 energy efficiency funding for at least 60 days. A postponement of the energy efficiency funding consideration will allow staff to evaluate funding demands in the broader context of the 2017/2018 budget process with a full picture of CAP and City priorities. DIRECTION AT FIRST READING AND FOLLOW-UP On June 21, 2016, City Council unanimously adopted the proposed Ordinance on First Reading with one amendment: the revised Ordinance fully funds the energy efficiency incentives for the business community and the Efficiency Works Neighborhoods Pilot through 2016 from General Fund Reserves. As discussed at the meeting, the funds appropriated for this program have been fully committed in 2016, preventing new business participation. Without this additional funding appropriated on First Reading, businesses interested in the energy efficiency incentives would have to be waitlisted until new funding becomes available in 2017, when the new budget cycle begins. During First Reading, Council recognized the level of engagement by the private sector in 2016 in this program, the program’s significant contribution to the 2020 CAP Goals of reducing the community’s emissions 20% below 2005 levels, and the program’s leveraging of private sector dollars (on average, for every dollar the City invests, the private sector invest $3-5). Given the $6.7M available in the General Fund Reserves, Council 16 Packet Pg. 141 Agenda Item 16 Item # 16 Page 2 unanimously supported fully funding the business energy efficiency incentives through the remainder of 2016 from the General Fund on First Reading. During First Reading, City staff recommended postponing a decision on the business energy efficiency incentives for 60-90 days, due to the limited resources in the Light and Power Fund and the ongoing Budgeting for Outcomes (BFO) process that is currently underway, On Second Reading, staff continues to recommend postponement of energy efficiency funding for at least 60 days to allow opportunities to evaluate the supplemental 2016 funding request in the larger context of the 2017-2018 Budgeting for Outcomes funding needs, the Long Term Financial Plan, and Light and Power Capital Improvement Plan (CIP) (September timeframe). In addition to adopting the Ordinance, Council also asked staff to address the following questions at Second Reading of the Ordinance: 1. The fund for energy initiatives was used up quicker than anticipated - are there any needed changes to the parameters for projects funded to ensure program continuity? Council discussion: Council asked questions during First Reading regarding whether program parameters need to be adjusted to ensure that programs continue for the full year in which funding is allocated. Council directed staff to provide additional information about how program parameters are set and whether these are adequate to achieve program continuity. Staff response: A staff team from Utilities, Platte River and the other three Platte River cities meets quarterly to review the progress, results and parameters of the Efficiency Works Business program. Typically, changes to the program are made on an annual basis, including incentive levels for specific measures. However, mid-year changes are made as needed. In March 2016, incentive levels for a common type of LED lighting retrofit were reduced by 33% in response to changes in market and project pricing. The staff team is in the process of clarifying rules regarding annual caps for customers with multiple premises or very large single projects. This will help the City maintain a consistent program, to the extent possible with varying levels of funding. The overall review will also occur in the 4th quarter of 2016 to evaluate revisions for 2017. 2. Please provide data on the amount of dollars committed versus the dollars actually spent - as staff indicated that as the program unfolds year after year, a certain percentage of funds are not used. Council discussion: During First Reading, Councilmembers directed staff to provide Council with additional information on the process of the incentives programs, including how dollars are committed versus spent. Council also requested information on project completion, specifically whether there is a differential between dollars committed versus dollars spent, i.e., do participants drop out of the program and then City dollars go unspent. Staff Response: Utilities and Platte River use appropriated funds to “commit” project level incentives to customers after receiving and approving a completed application. Customers and contractors provide a completion date estimate and funds are available for up to 60 days past this completion date. After this time, the project funds may be allocated to another project, though staff regularly contacts the customer to clarify the project status. The rate of projects being reallocated in 2016 YTD was 4% (10 out of 250). Incentives are “paid” and funds “expended” upon completion of final paperwork and project verification. Project applications received late in the year are often completed after January 1 (typical project cycle is approximately 45 days). Committed funds for these late year projects are typically carried over to the next year in the form of a purchase order with Platte River. For 2014 and 2015, this carryover averaged $275,000, which was fully spent in the first quarter of the following year. With the proposed supplemental funding, program staff will collaborate with customers and service providers to manage, to the extent possible, a commitment rate of funding through the second half of 2016 to match the overall budget. 16 Packet Pg. 142 Agenda Item 16 Item # 16 Page 3 3. What did the business energy efficiency incentives program accomplish this year? What is anticipated to be accomplished in the future? Council discussion: During First Reading, Councilmembers expressed an interest in receiving an update regarding the success and impact of the Energy Efficiency Programs. Council directed staff to provide an update on the current program and more information on future expectations. Staff response: Attachment 2 illustrates the program performance over time. Compared to 2014 and 2015, the 2016 pace of the program has seen more businesses participating, an overall larger and greater number of project, and higher overall savings. Moving forward, staff has forecast a rate of participation in 2017-2018 (Enhancement Offer 6.76) that is higher than historical average, but lower than the exceptional rate seen in the first half of 2016. The BFO ongoing and enhancement offers are aligned with the Energy Policy and CAP efficiency targets for 2017/18. See Attachment 5 for a full list of energy efficiency programs offered by the City. 4. If Council adopts the amended Ordinance on Second Reading that fully funds the business energy efficiency incentives in 2016 from General Fund Reserves, how will this impact the General Fund? Council discussion: During First Reading, Councilmembers asked staff to address how funding the business energy efficiency incentives from General Fund Reserves would impact that funding source. Staff response: The City ended 2015 with $6.7M of unassigned and available General Fund reserves. Council directed staff to utilize $1,545,000 of these reserves to support Business Energy Rebates and Municipal Composting. Council asked what impact this may have on the upcoming BFO process and the General Fund. During the meeting, staff replied there are pressures on the General Fund similar to what was discussed with L&P and ongoing and enhancement offers exceed available revenue and fund balance. Specific funding impacts will be better understood as the BFO process is completed. 5. What was the original 2016 budget for energy efficiency funding? What are the expenditures to date? When did we expend all the funds? Staff response: Efficiency Works Business program: The original budget for the Efficiency Works Business program incentives was $1,803,000 ($750,000 coming from Fort Collins Utilities and $1,053,000 from Platte River). As of early June 2016, $1,807,000 was either paid or committed to specific Fort Collins customers for efficiency projects ($669,117 paid and $1,138,427 committed). Appropriated funds are required in order to commit incentives to business customers upon receipt of a complete project application. Customer payments are administered by Platte River, who in turn invoices Fort Collins after the Platte River portion of funding is expended. Fort Collins Energy Services Budget: The revised 2016 budget for the Energy Services Business Unit was $4,643,476. As of July 5, 2016, 25% of this budget has been expended (paid), 58% is encumbered (committed), with 22% remaining through the end of the year. The supplemental funding request under consideration for $1,460,000 is 31% of the revised 2016 budget. 16 Packet Pg. 143 Agenda Item 16 Item # 16 Page 4 6. Please provide a list of ClimateWise Partners and a breakdown of the $1.46M for energy efficiency rebates. Staff response: ClimateWise: In order to better serve the business community in Fort Collins, the ClimateWise program was redesigned by City staff and business partners in 2015. The redesigned program was met with enthusiasm by the business community with 95% of survey respondents agreeing that the new program provided better support for their business. ClimateWise has added 33 new businesses in 2016 alone, bringing the total number of Partners who have pledged to participate in the updated program to 141. (Attachment 4) In January of this year, 100 businesses reported 2,572 projects (a 40% increase in data from previous reporting years) focused on business greenhouse gas reduction activities during 2015. Due to the redesign of the program, data reported for 2015 included key differences from historical numbers. Most notability: • The methodology used in the updated program to quantify reductions only accounts for first year greenhouse gas (GHG) savings of projects. From 2000 to 2014, the program carried forward the “useful life” of a strategy when reporting GHG savings. Useful life is the estimated lifespan of a project’s greenhouse gas reduction potential quantified year over year. • The 2015 Operations Report now reports number of “badges” earned by businesses as an indicator of activity. Three of the five badges - Energy, Waste, and Transportation, correlate directly with the Climate Action Plan. The other two badges, Water and Social Responsibility are considered critical attention areas due to their focus on community responsibility. • Partners continue to earn a “level” in the ClimateWise program that reflects their commitment to implementing the projects listed under each badge (projects are a mixture of best management practices, available City programs, employee challenges, and new innovative ideas). Breakdown of the $1.46M: Business Efficiency • 150 to 200 business projects • 3,000 to 4,000 megawatt-hours in annual savings • 2,500 to 3,250 tons of annual carbon reductions • Ability to reach Energy Policy 2016 efficiency target (revised Dec 2015) Efficiency Works Neighborhoods • Approximately 70 more homes assessed and 35 comprehensive projects completed • Transition from pilot to standard program track BOARD/COMMISSION RECOMMENDATION On June 23, 2016, the Energy Board unanimously recommended support for Ordinance No. 081, 2016, to implement the three initiatives identified in the Ordinance. The Energy Board expressed support for the use of General Fund dollars to fund the business energy efficiency incentives for the remainder of 2016, as it believes it demonstrated the importance of energy efficiency to Council and the communitywide impact this program has beyond the Light and Power Fund. The Energy Board recommendation is provided. (Attachment 3) 16 Packet Pg. 144 Agenda Item 16 Item # 16 Page 5 ATTACHMENTS 1. First Reading Agenda Item Summary, June 21, 2016 (w/o attachments) (PDF) 2. Additional Information on Business Energy Efficiency Incentives (PDF) 3. Energy Board memo (PDF) 4. ClimateWise Partners and 2015 Update (PDF) 5. Full List of Energy Efficiency Programs (PDF) 6. Powerpoint presentation (PDF) 16 Packet Pg. 145 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY June 21, 2016 City Council STAFF Lindsay Ex, Environmental Program Manager Jeff Mihelich, Deputy City Manager Mike Beckstead, Chief Financial Officer Kevin Gertig, Utilities Executive Director Laurie Kadrich, Director of PDT Jackie Kozak-Thiel, Chief Sustainabillity Officer Lucinda Smith, Environmental Sustainability Director Susie Gordon, Senior Environmental Planner SUBJECT First Reading of Ordinance No, 081, 2016, Appropriating Prior Year Reserves in the General Fund for 2016 Projects Associated with the 2020 Climate Action Plan (CAP) Strategic Plan as Part of the Waste Innovation Program. EXECUTIVE SUMMARY The purpose of this item is to appropriate $85,000 accumulated during 2015 and 2016 in the Waste Innovation Fund account into the City’s General Fund account to initiate the Municipal Green Waste (Composting) Site Initiative outlined in the Draft 2020 Climate Action Plan (CAP) Strategic Plan. At First Reading, staff will also update Council on the remaining two initiatives (of 7) that were discussed at the March 10, 2016 Work Sessions related to the 2020 CAP Strategic Plan. During that Work Session, staff committed to further vetting 3 of the 7 initiatives, with special consideration toward the larger financial impact of those initiatives. On these two remaining initiatives, staff will highlight a change in the funding source for solar incentives and rebates, allowing this initiative to move forward, and a recommendation to postpone consideration of the energy efficiency funding for approximately 60-90 days. The postponement of the energy efficiency funding will allow staff to evaluate the supplemental 2016 funding in the larger context of the Light and Power Capital Improvement Plan (CIP), Long Term Financial Plan, and 2017-2018 Budgeting for Outcomes funding needs (August/September timeframe) to help balance and inform decisions to address both the critical Utilities infrastructure and advance CAP priorities. STAFF RECOMMENDATION Staff recommends adoption of this Ordinance on First Reading. BACKGROUND / DISCUSSION In 2015, City Council adopted updated the community greenhouse gas reduction goals: 20% below 2005 levels by 2020, 80% below 2005 by 2030, and Carbon neutrality by the year 2050 In order to reach these goals, staff has developed an implementation plan to include an internal CAP Executive Team, Core Team, and Strategic Initiative Teams, as well as an external Community Advisory Committee, based on the accelerated goals of the CAP. During the March 10, 2016, Work Session, staff identified seven ATTACHMENT 1 16.1 Packet Pg. 146 Attachment: First Reading Agenda Item Summary, June 21, 2016 (w/o attachments) (4623 : SR 081 CAP Appropriation) Agenda Item 10 Item # 10 Page 2 initiatives that could be invested in immediately. At the April 19, 2016, City Council meeting, Council adopted Ordinance 046, 2016, investing in four of these seven initiatives. This item addresses two of the three remaining initiatives (Municipal Green Waste/Composting Site and the Solar Incentives and Rebates) and outlines the next steps proposed for the remaining initiative (Energy Efficiency) - see the table and additional information outlined below. Item Initiative 2016 Funding Funding Recommendation Waste Innovation Fund Light and Power Total 1 Energy Efficiency N/A 0 Postpone funding decision for 60-90 days 2 Solar Incentives and Rebates N/A 0 No new appropriation needed in 2016 3 Municipal Green Waste (Composting) Sites $85,000 - $85,000 $85,000 from Waste Innovation Fund Reserves Totals $85,000 $85,000 Below is a summary of the three initiatives that were highlighted at the March 10, 2016 Work Session with City Council (see Attachment 2 for full project descriptions on the Solar Incentives and Rebates and the Municipal Green Waste (Composting) Sites, as those initiatives are proposed to move forward with this item): 1. Energy Efficiency: up to $1,460K 2020 Impact: 230,000 CO2e Tons (46%) Energy efficiency programs provide approximately half of the projected energy savings to reach the 2020 target. Of this efficiency component, over 90% is from continued and enhanced Utilities efficiency programs. These programs, many under the Efficiency Works shared brand, provide incentives and technical assistance for all customer segments and most technology end uses-engaging residents and businesses in meeting the community CAP goals.100% of supplemental City funding would support customer efficiency improvements, of which every City dollar is leveraged 3 to 5 times by customer investment. Utilities has seen extraordinarily high participation in business efficiency programs year to date. This uptake is good news - it shows an expanded pace for efficiency savings and community engagement in the CAP goals. If continued at this current pace, the programs are well positioned to achieve the energy efficiency portion of the 2020 CAP goals (230,000 tons of carbon, 46% of the 2020 goal). However, as a result of this increased uptake in efficiency programs by the business community and ongoing activity for residents, the City has committed all funding for energy efficiency incentives and rebates for 2016. Utilities and Platte River are implementing a wait list process for projects as applications are received (see Attachment 4 for the communication materials sent to customers regarding this process). The estimated gap in program funding through the end of 2016 is up to $1,460,300, based on forecasted activity in business programs and continuation of the Efficiency Works Neighborhood pilot in the 4th quarter. Staff is excited to implement the energy efficiency programs at a greater scale and accelerated pace to meet CAP goals and respond to community demand. During the additional vetting of energy efficiency funding, new information became available (since the March 10 Work Session) regarding the limited Light & Power (L&P) funding. The CAP Executive Team recommends that Council consider postponing the decision to recommend supplemental 2016 energy efficiency funding until the 16.1 Packet Pg. 147 Attachment: First Reading Agenda Item Summary, June 21, 2016 (w/o attachments) (4623 : SR 081 CAP Appropriation) Agenda Item 10 Item # 10 Page 3 August/September timeframe. This is because, in the next 60-90 days, the L&P Capital Improvement Plan (CIP), Utilities Long Term Financial Plan, and the BFO funding needs will be better understood, and this understanding will help balance and inform decisions around both addressing critical Utilities infrastructure and advancing CAP priorities. Three key analyses have informed this recommendation: 1. Currently, the L&P CIP indicates Utilities may have long-term reserve funding shortfalls to meet priority infrastructure needs. 2. Initial BFO estimates of revenue and spending within L&P indicate a significant shortfall (up to $10M short fall each year between revenue and ongoing offers plus required capital, outside of the proposed enhancements). 3. The updated unassigned and available fund balance in L&P decreased from $18.4M to $16.4M. Providing partial funding for this interim period would provide for additional savings in 2016, extend the ability of the programs to meet customer interest and keep efficiency service providers engaged locally. However, the transition to a wait list status for business programs would simply occur later in the year. In addition to the three analyses mentioned above, staff is working to quantifying the benefits/costs of investing in CAP projects to allow a comparison and selection based on this impact during the BFO process. At the same time, efficiency measures have consistently been analyzed as providing high cost-effectiveness for carbon reduction in prior Fort Collins analyses and in independent analyses conducted elsewhere. More details associated with this recommendation are provided in the attached memo (see Attachment 3). 2. Solar Incentives and Rebates: up to $350K 2020 Impact: 9,000 CO2e Tons (1.8%) The current 2016 budget for solar incentives is $250,000 for residential and $125,000 for small commercial solar projects. This budget supports approximately 170 home and 12 business rebates. Current program uptake for the first five months of the year totals 125 residential and 2 commercial projects with rebate funds committed to them. This represents 74% and 16% of budgeted capacity for home and business rebates, respectively. In order to respond to additional rebate requests beyond the initially authorized funding, staff expects to be able to shift uncommitted 2016 solar funds from the Solar Power Purchase Program and the Community Solar program for a total of approximately $300,000 in additional funds. This shifting of funds will help the program meet potential interest for additional solar incentives in 2016. Funding from the Solar Power Purchase Programs is available because all of the program’s projects are complete and Power Purchase Agreements made are less than what was budgeted for 2016. The Community Solar program funds are available due to a shift in the timeline for the next project to 2017. Unless directed otherwise by Council, Utilities will inform customers and vendors of the additional funding for 2016. Upon the full commitment of existing solar rebate funds, the additional funding would be transferred from the two referenced solar programs to the Solar Rebates program. 3. Municipal Green Waste (Composting) Sites: $85K 2020 Impact: 9,000 CO2e Tons (1.9% of the Municipal Pathway to reach the 2020 Goals) This initiative will enable municipal composting for organic landscape debris through a small-scale (100 tons/year) composting facility at the Hoffman Mill Road Crushing Facility. The proposal includes site grading at the Hoffman Mill Road Crushing Facility, purchase of compost-turning equipment, and ongoing composting operations and management by the Streets Department. Capital costs of $85,000 are associated with developing a City-only composting facility. Funds are available to appropriate from prior year reserves in the General Fund that were collected for the Waste Innovation Program. Composting capability will increase landfill waste diversion by departments, including Parks, Streets, Forestry, Natural Areas, Stormwater, and Light & Power, that generate 16.1 Packet Pg. 148 Attachment: First Reading Agenda Item Summary, June 21, 2016 (w/o attachments) (4623 : SR 081 CAP Appropriation) Agenda Item 10 Item # 10 Page 4 organic debris from municipal maintenance activities. As primary manager of the site, Streets will not charge departments for in-bound material bought to Hoffman Mill Road for composting, but will charge for out-bound compost products to allow them to recover operational costs for composting. Other departments’ purchase of finished compost from Streets will be offset by savings from normal purchases of commercially manufactured compost for use in landscaping projects. CITY FINANCIAL IMPACTS Investing in these initiatives has a bottom line impact of $85,000 in 2016, with no ongoing commitment to the City budget. Waste Innovation Fund The $85,000 for the Municipal Green Waste Site is funded through the Waste Innovation Fund, and ongoing costs will be covered by the sale of compost products to City departments. The City Manager created a fund in 2010 to pay for projects that improve our organizational ability to divert waste generated by municipal activities from being disposed in the Larimer County landfill. Discarded material and trash that City crews self-haul to the landfill is charged only 28 cents/cubic yard by Larimer County Solid Waste Department, which is passed through in payment to the state for landfill regulatory management and monitoring programs. The balance of the regular “tipping fee” at the landfill, $5.27 per cubic yard, is placed in the City’s Waste Innovation Program (WIP) fund. WIP revenues are received from 15 City departments that self-haul various types of waste to the landfill in truckloads. A cross-departmental team accepts and reviews proposals that support the City’s goal to reduce landfill disposal. An application was developed by the Streets Department to purchase composting equipment in February, 2016. The WIP team voted unanimously to recommend this funding request. Approval of the request to use $85,000 from Reserves will save costs of sending material to the landfill that can otherwise be composted, including fall leaves swept from streets. The compost-turning equipment makes up $51,000 of the total; other expenses include a creeper gear for an existing tractor, staff training, and supplies. Light and Power Fund Staff has identified existing programs from which funds can be made available in 2016 to provide supplemental funding to the residential and small commercial solar rebates. The funds are available from two programs: (1) the Solar Power Purchase Program (SP3) for which all contracts are complete and the ongoing cost is lower than originally forecasted, and (2) Community Shared Solar for which the Platte River led project is now on schedule for 2017. These funds (approximately $350k) can be utilized to support the Solar Incentives and Rebates Program. BOARD / COMMISSION RECOMMENDATION Staff will present this information to the Energy Board at its next regularly scheduled meeting in July for discussion and feedback. In addition to specific outreach with the Energy Board, staff has also reached out to the following boards on the Climate Action Plan more generally: Energy Board, Natural Resources Advisory Board, and the Air Quality Advisory Board. However, the status of these off-cycle funding decisions has not been discussed. PUBLIC OUTREACH Staff has reviewed all of the initiatives and BFO Offers associated with the 2020 CAP Strategic Plan with the Climate Action Plan’s Community Advisory Committee. Staff is beginning to schedule public outreach events, including an Open House with former governor Bill Ritter to gather community feedback on the Climate Action Plan; however, the status of these off-cycle funding decisions has not been discussed. 16.1 Packet Pg. 149 Attachment: First Reading Agenda Item Summary, June 21, 2016 (w/o attachments) (4623 : SR 081 CAP Appropriation) Agenda Item 10 Item # 10 Page 5 ATTACHMENTS 1. Work Session Summary, March 10, 2016 (PDF) 2. Initiative and Project Descriptions (PDF) 3. Memo to City Council, June 7 re: The Status of the Remaining CAP Initiatives for Immediate Investment (PDF) 4. Notice to Customers regarding Energy Efficiency Rebate Availability (PDF) 5. Powerpoint presentation (PDF) 16.1 Packet Pg. 150 Attachment: First Reading Agenda Item Summary, June 21, 2016 (w/o attachments) (4623 : SR 081 CAP Appropriation) Summary of Business Energy Efficiency Incentives (Efficiency Works Business) Results The table below outlines the comparative results of the Efficiency Works – Business program (a partnership program with Platte River) in 2014, 2015 and the first 5.5 months of 2016. During the first five months of 2016, the program saw activity increase by 70% over the 2014/2015 average, and rebates increase by 150%. At the same time, incentives per project and savings per project were each higher respectively. This means that the projects are coming in at a higher rate, are larger in size and are saving more energy per dollar of rebate than they have in the last two years. Note that this table includes funding from both Fort Collins Utilities and Platte River Power Authority. Results are from Platte River system used to track combined budgets, commitments and completed (paid) projects. Program Data 2014 2015 2016 (5.5 months) % Increase Total Projects 399 406 283 -- Total Incentives $1,743,591 $1,725,693 $1,807,544 -- Projects (monthly average) 33 34 57 70% Incentives (monthly average) $145,299 $143,808 $361,509 150% Incentive per project ($) $3,740 $3,540 $7,920 118% Savings per project (kWh) 16,100 13,000 37,000 154% The chart below shows the monthly rate of projects and incentive funding commitments since January 2014. The solid red line illustrates the 12 month rolling average forecast. The monthly business incentive commitment rate is illustrated by the green bars, with the monthly number of business applications illustrated by the blue line. The short bold blue line represents the proposed rate of supplemental funding per month at $250,000. ATTACHMENT 2 16.2 Packet Pg. 151 Attachment: Additional Information on Business Energy Efficiency Incentives (4623 : SR 081 CAP Appropriation) Utilities – Energy Board 700 Wood St. PO Box 580 Fort Collins, CO 80522 970.221.6702 970.416.2208 - fax fcgov.com M E M O R A N D U M DATE: June 28, 2016 TO: Mayor Troxell and City Councilmembers FROM: Nick Michell, Energy Board Vice Chairperson THROUGH: Peter O’Neill, Energy Board Chairperson RE: City Council Second Reading - Climate Action Plan (CAP) Initiatives Appropriation The Energy Board has received multiple CAP presentations from Environmental Services and Utilities’ Resource Conservation staff over the past months. The most recent presentation, given at the June 23 special session meeting, focused on the July 5 City Council second reading of the three CAP initiatives approved at the first reading on June 21. The Board unanimously supports the following initiatives and funding recommendations: 1. Energy Efficiency Programs x $1.46 million to fund energy efficiency services from the General Fund for the remainder of 2016 2. Solar Initiatives and Rebates x Proposed rooftop solar to businesses and community 3. Municipal Green Waste (Composting) Site x $85,000 one-time funding request Board members expressed due to the funding challenges in the Light and Power Fund, funding energy efficiency services from the General Fund made sense for this one-time funding allocation. On behalf of the Energy Board, Nick Michell, Vice Chairperson Fort Collins Energy Board cc: Darin Atteberry, City Manager Kevin R. Gertig, Utilities Executive Director Tim McCollough, Light & Power Operations Manager DocuSign Envelope ID: 13098E12-6488-499F-936C-199EC59F6AFA ATTACHMENT 3 16.3 Packet Pg. 152 Attachment: Energy Bpard memo (4623 : SR 081 CAP Appropriation) ATTACHMENT 3 16.4 Packet Pg. 153 Attachment: ClimateWise Partners and 2015 Update (4623 : SR 081 CAP Appropriation) CLIMATEWISE PARTNERS ADP (Automac Data Processing) Front Range Village Respite Care Inc. Advanced Animal Care of Colorado Gallegos Sanitaon Rio Grande Mexican Restaurant Advanced Energy Gallipo Salon Rivendell School AECOM Gamble Pet Clinic RLE Technologies Air Comfort Inc Green CO2 Systems RLR LLP Anheuser-Busch Green Events Road Warrior Creave, LLC ArboRx Tree Care Green Ride Colorado Rocky Mountain Innosphere Architecture Plus GreenClean Colorado SAGE Global Educaon A-Train Markeng Communicaons, Inc. Headwaters Realty Sandbox Solar LLC BBB serving Northern Colorado and Wyoming Hewle Packard ServiceMaster Berkana Rehabilitaon Instute Horse & Dragon Brewing Company Sexual Assault Vicm Advocate Center BEST WESTERN University Inn Houska Automove Services, Inc. Signarama Fort Collins Bohemian Companies I.T. Refresh Skyline Solar and Roofing Bounce Soware, LLC IBMC College Snooze an AM eatery Brinkman Partners Inner Balance Chiropracc Soiltopia Broadcom Limited In-Situ Spirae, LLC Cargill Specialty Seeds & Oils Integrated Mechanical Steven J Wick & Associates Charco Broiler Jax Outdoor Gear StraightLine Fitness Studio ChildSafe Colorado Jax Ranch & Home Terracon Consultants, Inc. Chipper's Lanes JVA, Incorporated The Armstrong Hotel Choice City Gardeners Khumbu Adventure Gear The Cupboard City of Fort Collins Lamp Rynearson & Associates The Growing Project CJR Homes Larimer County Government The Language Lounge Colorado State University LifePointe Church The Neenan Company Columbine Health Systems Liquid Impact Water Jet The Wright Life Dellenbach Motors Marn Mariea Materials, Inc. Toddy LLC Digital Workshop Center Motherlove Herbal Company Transect View LLC Dohn Construcon Inc. Mountain Whitewater Transpro-Burgener Trucking Dr. Seth's Mustache Wax New Belgium Brewing Company Trebuchet Group Dresser-Rand NewMark Merrill Treehouse Montessori Drive Electric Northern Colorado Nicol Realty (Campus West Shops) Trees, Water & People Early Childhood Council of Larimer County Nuance Chocolate Trinity Lutheran Church Efficiency Maers Odell Brewing U.S. Geological Survey Eger CPA Old Town Media United Way of Larimer County ExperiencePlus! Bicycle Tours Oer Products, LLC US Forest Service - Bldg E Eyecare Associates Plae River Power Authority USDA APHIS Naonal Wildlife Research Farnsworth Group Plymouth Congregaonal Church USDA APHIS NRRC Building B Fine Print Imaging Poudre Fire Authority USDA-ARS Fort Collins Foothills Gateway Poudre River Public Library District Vern's Toffee House Foothills Unitarian Church Poudre School District VFLA & Ripley Design Forney Industries Primp Hair Studio Vineyard Church of the Rockies Fort Collins Brewery Professional Document Soluons Welsh Rabbit Cheese Shop Fort Collins Club Public Service Credit Union Wilbur's Total Beverage Fort Collins Coloradoan Rainbow Restaurant Wirestone LLC Fort Collins Retail Nursery Ramplify Wolf Robocs Frameworks Timber RB+B Architects, Inc. Woodward Front Range Community College RE/MAX Advanced, Inc. Your true Nature 16.4 Packet Pg. 154 Attachment: ClimateWise Partners and 2015 Update (4623 : SR 081 CAP Appropriation) Energy and Water Efficiency )PNF&GGJDJFODZ"VEJUTBOE3FCBUFT 3FEVDFDPTUTBOEJODSFBTFUIFDPNGPSUPGZPVSIPNFXJUI XBUFSBOEFOFSHZTBWJOHJNQSPWFNFOUTBOESFCBUFT )PNF&GGJDJFODZ-PBO /PNPOFZEPXO RVJDLBQQSPWBM DPOWFOJFOUSFQBZNFOU -JHIUJOH #VZEJTDPVOUFE-&%CVMCT PDDVQBODZTFOTPSTBOE EJNNFSTZFBSSPVOE 3FGSJHFSBUPSBOE'SFF[FS3FDZDMJOH 3FDZDMFZPVSSFGSJHFSBUPSPSGSFF[FSBOESFDFJWFB CJMMDSFEJU $MPUIFT8BTIFSBOE%JTIXBTIFS3FCBUFT 1VSDIBTFBO&/&3(:45"3¥RVBMJGJFEDMPUIFTXBTIFS PSEJTIXBTIFSBOESFDFJWFBPSCJMMDSFEJU 4QSJOLMFS4ZTUFN"VEJUTBOE3FCBUFT (FUGSFFTQSJOLMFSTZTUFNBVEJUTBOEFRVJQNFOUSFCBUFT 5PJMFU3FCBUFT 3FDFJWFBSFCBUFXIFOZPVCVZBIJHIFGGJDJFODZUPJMFU BOESFDZDMFZPVSPMEPOF 1FBL1BSUOFSTo)FMQ3FEVDF1FBL%FNBOE (FUBGSFF8J'JUIFSNPTUBUPSDPOUSPMMFSGPSZPVSFMFDUSJD XBUFSIFBUFS 9FSJTDBQF*ODFOUJWF1SPHSBN $SFBUFBIFBMUIZ BUUSBDUJWFMBOETDBQFUIBUDPOTFSWFT XBUFS3FCBUFTBWBJMBCMF /PSUIFSO$PMPSBEP&/&3(:45"3¥)PNFT -PDBUFIJHIQFSGPSNBODFOFXIPNFTBOECVJMEFST Renewables (SFFO&OFSHZ1SPHSBN $IPPTF(SFFOF&OFSHZDFSUJGJFESFOFXBCMFFOFSHZ 4PMBS3FCBUFT *OTUBMMBTPMBSQIPUPWPMUBJDTZTUFNBOESFDFJWFDBTICBDL Community Education "EVMUBOE:PVUI&EVDBUJPO &OHBHFDIJMESFOBOEBEVMUTXJUIFOFSHZBOEXBUFS FEVDBUJPOJOTDIPPMTBOEUIFDPNNVOJUZ Residential Conservation Programs GDHPWDPNDPOTFSWFTtVUJMJUJFT!GDHPWDPNt t75%% ATTACHMENT 5 Services and Incentives &MFDUSJD&GGJDJFODZBOE8BUFS$POTFSWBUJPO 3FDFJWFSFCBUFTGPSFGGJDJFODZJNQSPWFNFOUT EFUBJMTBOE DIPJDFTBUGDHPWDPNCVTJOFTTFGGJDJFODZ #VJMEJOH5VOFVQ *NQSPWFUIFFGGJDJFODZPGZPVSFYJTUJOHCVJMEJOH *OUFHSBUFE%FTJHO"TTJTUBODF 3FDFJWFJODFOUJWFTGPSIJHIQFSGPSNBODFOFXCVJMEJOHT 3FGSJHFSBUPSBOE'SFF[FS3FDZDMJOH 3FDZDMFZPVSSFGSJHFSBUPSPSGSFF[FSBOESFDFJWFB CJMMDSFEJU 4QSJOLMFS4ZTUFN"VEJUT *NQSPWFUIFXBUFSFGGJDJFODZPGZPVSIPNFPXOFS BTTPDJBUJPOTTQSJOLMFSTZTUFN Education and Tools 'BDJMJUZ"TTFTTNFOU (FUTUBSUFEXJUIBGSFF RVJDLBOEQSBDUJDBMFOFSHZBOE XBUFSBTTFTTNFOU $MJNBUF8JTF 1BSUOFSXJUIUIJTGSFF WPMVOUBSZQSPHSBNUPSFEVDFXBTUF FOFSHZ XBUFSBOEUSBOTQPSUBUJPOXIJMFSFDFJWJOHQVCMJD SFDPHOJUJPO POHPJOHTVQQPSU UPPMTBOEFEVDBUJPO &GGJDJFODZ$IBMMFOHF .PUJWBUFFNQMPZFFTBOEJOTQJSFFOFSHZBOE XBUFSFGGJDJFOUCFIBWJPS ,FFQ$VSSFOU "DDFTTUIFFOFXTMFUUFSBOEPOMJOFMJCSBSZ 1FBL1BSUOFSTo)FMQ3FEVDF1FBL%FNBOE 3FEVDFZPVSFOFSHZEFNBOEBOEMPXFSZPVSCJMM 3FTUBVSBOUBOE)PUFM.BUFSJBMT %JTQMBZGSFFTJHOBHFUPFODPVSBHFHVFTUTUPTBWFXBUFS 3FTUBVSBOUTDBOHFUGSFFQSFSJOTFTQSBZOP[[MFT Renewables (SFFO&OFSHZ1SPHSBN $IPPTF(SFFOF&OFSHZDFSUJGJFESFOFXBCMFFOFSHZ 4PMBS3FCBUFTBOE'JOBODJOH *OTUBMMBTPMBSQIPUPWPMUBJDTZTUFNBOESFDFJWFDBTICBDL Business Conservation Programs 6UJMJUJFT$VTUPNFS"DDPVOUT!GDHPWDPN 1 CAP – Appropriation for Immediate Actions Jeff Mihelich, Kevin Gertig, Jackie Kozak Thiel, Mike Beckstead, Lucinda Smith, Lindsay Ex July 19, 2016 ATTACHMENT 6 16.6 Packet Pg. 157 Attachment: Powerpoint presentation (4623 : SR 081 CAP Appropriation) Ordinance Second Reading 2 • Municipal Green Waste (Composting) Sites - $85,000 • Energy Efficiency Business Incentives - $1.46M • Solar Incentives and Rebates – no appropriation needed 16.6 Packet Pg. 158 Attachment: Powerpoint presentation (4623 : SR 081 CAP Appropriation) Draft Roadmap to 2020 *Reductions are estimates and rounded to the nearest thousand 3 16.6 Packet Pg. 159 Attachment: Powerpoint presentation (4623 : SR 081 CAP Appropriation) Fort Collins Efficiency Programs Collaborative Programs with Platte River • Efficiency Works Home - EW Neighborhoods pilot • Efficiency Works Business • Retail Lighting • Larimer County Conservation Corp Fort Collins Programs • Appliance Rebates and Recycling • Home Energy and Water Reports • Integrated Design Assistance Program • Also financing, water, solar, demand response and green code amendments CORE FUNCTIONS: Audits – Technical Assistance – Incentives - Financing 16.6 Packet Pg. 160 Attachment: Powerpoint presentation (4623 : SR 081 CAP Appropriation) Efficiency Program Participation Cumulative annual savings ~ 10% of community annual electricity use with a utility cost of 2.2 cents per kilowatt-hour • Since 2004* – Over 2,400 business efficiency projects completed – Over 1,600 home efficiency projects – Over 21,000 appliance rebates and 5,000 recycled units – Over 450,000 bulbs *Actual numbers based on results 16.6 Packet Pg. 161 Attachment: Powerpoint presentation (4623 : SR 081 CAP Appropriation) Efficiency Program Participation 2016 Business Participation* • 205 efficiency projects completed YTD – 95 lighting, 96 refrigeration, 10 water, 4 other • Wide range of customers participate – Columbine Health – Palmer Properties – Poudre School District – Mug’s Coffee – Poudre Valley Hospital – Austin’s, Jax, Otterbox – And many, many more *Actual numbers based on results 16.6 Packet Pg. 162 Attachment: Powerpoint presentation (4623 : SR 081 CAP Appropriation) 2016 Efficiency Funding Gap* 7 Business Incentives per month Business Incentives 6 months EW Neighborhoods Q4 Total Monthly Commitment Low $140k $840k $90k $930k Monthly Commitment Medium $228k $1,370k $90k $1,460k Monthly Commitment High $360k $2,160k $90k $2,250k *Estimated numbers based on forecasts 16.6 Packet Pg. 163 Attachment: Powerpoint presentation (4623 : SR 081 CAP Appropriation) 2016 Efficiency Supplementary Funding What do we get for $1.46M? • Business Efficiency – 150 to 200 business projects – 3,000 to 4,000 megawatt-hours in annual savings – 2,500 to 3,250 tons of annual carbon reductions – Ability to reach Energy Policy 2016 efficiency target (revised Dec 2015) • EW Neighborhoods – Approximately 70 more homes assessed and 35 comprehensive projects completed – Transition from pilot to standard program track $1.4M public investment $4 – 7M private investment $8 - 14M lifetime savings 2:1 benefit 3-5X cost ratio leveraging of public dollars 16.6 Packet Pg. 164 Attachment: Powerpoint presentation (4623 : SR 081 CAP Appropriation) Ordinance Second Reading 9 • Municipal Green Waste (Composting) Sites - $85,000 § Staff Recommendation – Adoption on Second Reading • Energy Efficiency Business Incentives - $1.46M § Staff Recommendation – Postpone consideration of these incentives for 60-90 days • Solar Incentives and Rebates – no appropriation needed 16.6 Packet Pg. 165 Attachment: Powerpoint presentation (4623 : SR 081 CAP Appropriation) -1- ORDINANCE NO. 081, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FOR 2016 PROJECTS ASSOCIATED WITH THE 2020 CLIMATE ACTION PLAN (CAP) STRATEGIC PLAN WHEREAS, on March 3, 2015, City Council adopted Resolution 2015-030, updating community greenhouse gas goals and targets to be achieved by 2020, 2030, and 2050; and WHEREAS, staff has developed an implementation plan based on the accelerated goals of the Climate Action Plan (“CAP”) and has identified several initiatives for immediate action and investment based on guidance provided by the City Council; and WHEREAS, on April 19, 2016, City Council adopted Ordinance No. 046, 2016, appropriating funds toward four projects identified for immediate action and investment (1) Building energy Disclosure and Scoring, (2) CAP Program Support, (3) CAP Pilot Project/Innovation Fund, and (4) Biomass Burner Feasibility Study; and WHEREAS, two additional projects have been identified for immediate action and investment: (1) Solar Incentives and Rebates, and (2) Municipal Green Waste (Composting) Sites; and WHEREAS, appropriated, but unexpended and unencumbered, funds are available in 2016 from the Solar Purchase Power Program (SP3) and the Community Shared Solar program in the Light and Power fund to support the Solar Incentives and Rebates Program; and WHEREAS, staff is requesting $85,000 for the Municipal Green Waste (Composting) Site Initiative, including compost-turning equipment of $51,000 and other expenses, outlined in the Draft 2020 Climate Action Plan (CAP) Strategic Plan, from funds accumulated during 2015 and prior years in the Waste Innovation Program account in the City’s General Fund; and WHEREAS, the Municipal Green Waste (Composting) Site will enable municipal composting for organic landscape debris through a small-scale (100 tons/year) composting facility at the Hoffman Mill Road Crushing Facility, including site grading at the Hoffman Mill Road Crushing Facility, purchase of compost-turning equipment, and ongoing composting operations and management by the Streets Department; and WHEREAS, composting capability will increase landfill waste diversion by City departments that generate organic debris from municipal maintenance activities, including Parks, Streets, Forestry, Natural Areas, Stormwater, and Light and Power; and WHEREAS, in 2010, the City created the Waste Innovation Program (the “WIP”) fund where revenues collected for the program are held in a reserve account in the General Fund; and Packet Pg. 166 -2- WHEREAS, the WIP funds are used to administer grants that allow City departments to initiate new waste diversion and recycling projects with special attention to departments that have larger quantities of waste that is self-hauled to the Larimer County Landfill; and WHEREAS, a team of interdepartmental employees (the “WIP Team”) acts as a liaison for incorporating waste reduction, promoting recycling strategies, and awarding WIP funds when requests are received from participating City departments; and WHEREAS, the WIP Team voted unanimously to recommend the funding request for the Municipal Green Waste (Composting) Site Initiative; and WHEREAS, the City has implemented certain energy efficienciesy programs identified in the 2020 Climate Action Plan (CAP) Strategic Plan (“Energy Efficiency Programs”), and has operated these programs using funds appropriated in the Light and Power Fund; and WHEREAS, the funds appropriated for the Energy Efficiency Programs for 2016 have been fully committed, preventing new participation in those Programs until such time as additional funds have been made available; and WHEREAS, Council desires to continue new participation in and ongoing implementation of the Energy Efficiency Programs as soon as practicable; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from prior year reserves in the General Fund the sum of EIGHTY-FIVE THOUSAND ($85,000) for expenditure in the General Fund for the City of Fort Collins for the Municipal Green Waste (Composting) Site Initiative as part of the Waste Innovation Program. Section 3. That there is hereby appropriated from prior year reserves in the General Fund the sum of ONE MILLION FOUR HUNDRED SIXTY THOUSAND DOLLARS ($1,460,000) for expenditure in the General Fund for Energy Efficiency Initiatives Programs as described in the CAP Strategic Plan. Packet Pg. 167 -3- Introduced, considered favorably on first reading, and ordered published this 21st day of June, A.D. 2016, and to be presented for final passage on the 19th day of July, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of July, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 168 Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Karen McWilliams, Historic Preservation Planner Laurie Kadrich, Director of PDT SUBJECT Second Reading of Ordinance No. 088, 2016, Designating the Coy Farmstead Barn and Milk House Located on the Woodward Technology Center Subdivision as Individual Fort Collins Landmarks pursuant to Chapter 14 of the Code of the City of Fort Collins. EXECUTIVE SUMMARY This item has been treated as a quasi-judicial matter and will be considered in accordance with the procedures established by the Mayor, with the consent of the Council, as described in Section 1(e) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. This Ordinance, adopted on First Reading by a vote of 6-1 (Nays: Cunniff), designates the Coy Farmstead, located on the Woodward Technology Center property, as a Fort Collins Landmark. The Coy Farmstead currently consists of an 1866 stone and timber barn and a c.1900 brick milk house. Two historic silos associated with the property were recently removed. Non-substantive changes to Section 6 of the Ordinance adopted on First Reading were made to clarify the meaning of the language. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 5, 2016 (w/o attachments) (PDF) 17 Packet Pg. 169 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY July 5, 2016 City Council STAFF Karen McWilliams, Historic Preservation Planner SUBJECT Items Relating to the Designation of the Coy Farmstead Woodward Technology Center, a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Option A or Option B) EXECUTIVE SUMMARY A. First Reading of Ordinance No. 088, 2016, Non-Consensually Designating the Coy Farmstead Barn and Milk House Located on the Woodward Technology Center Subdivision as Individual Fort Collins Landmarks pursuant to Chapter 14 of the Code of the City of Fort Collins. (Option A) Or B. First Reading of Ordinance No. 088, 2016, Designating the Coy Farmstead Barn and Milk House Located on the Woodward Technology Center Subdivision as Individual Fort Collins Landmarks pursuant to Chapter 14 of the Code of the City of Fort Collins. (Option B) This item is a quasi-judicial matter and 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 consider a landmark designation application for the Coy Farmstead, located on the Woodward Technology Center property, brought forward by seventy-six Fort Collins residents. The Coy Farmstead currently consists of an 1866 stone and timber barn and a c.1900 brick milk house. Two historic silos associated with the property were recently removed. The owner of the property, Woodward, Inc., has not consented to landmark designation, except if certain conditions are attached to the designation. City Code Chapter 14, Landmark Preservation, provides a process for the Landmark Preservation Commission review of an application absent an owner’s consent, which culminates with a recommendation to Council on the designation. In order to facilitate Council’s consideration and action on this item, two versions of a designation ordinance are presented. STAFF RECOMMENDATION Staff recommends adoption of an ordinance designating the Coy Farmstead barn and milk house as Fort Collins Landmarks on First Reading. BACKGROUND / DISCUSSION An application for landmark designation of the Coy Farmstead, located on the Woodward Technology Center property, was filed with the City on January 19, 2016. The Landmark Preservation Commission (LPC) discussed the designation application at three public hearings: January 27, 2016, March 9, 2016, and May 11, 2016. At its May 11, 2016 hearing, the LPC adopted two recommendations to Council for landmark designation: one if the action is non-consensual and the second if the owner, Woodward, Inc., consents. ATTACHMENT 1 17.1 Packet Pg. 170 Attachment: First Reading Agenda Item Summary, July 5, 2016 (w/o attachments) (4639 : SR 088 Coy Farmstead Landmark Designation) Agenda Item 10 Item # 10 Page 2 During the May 11, 2016 hearing, the LPC was presented with certain conditions under which Woodward, Inc. would agree to consent to landmark designation if these conditions were met. These conditions included, in part: 1. That the designation be for just the Coy Barn and Milk House as individual landmarks; 2. That the boundary of the designated property be just the footprints of the buildings, including the addition to the barn and the permanent location of the milk house; and that exterior alteration of these buildings would be subject to the City’s historic review processes; 3. That the area of adjacency for any other improvements is as depicted on the attached map in the blue boundary; and that review of improvements within this area would be limited to the effect of the work on the view of the historic structures from the Homestead Natural Area and adjacent portions of the public trail; and 4. That the remainder of the farmstead, including the location where the silos once stood, is found to not be eligible for designation. There was support from the Commission on all of these conditions. Woodward, Inc., also asked for additional conditions at the meeting: 5. That Woodward would be allowed to proceed with the previously approved adaptive reuse plan for the barn and milk house, without any further review or approvals necessary; 6. That Woodward would be permitted to proceed with its plan (permit applied for) to erect a 5 foot black metal picket fence around the perimeter of the entire Woodward site in line with its other facilities; and 7. That, in the event City Council or any other governing body with authority to make a determination on landmark designation for the site considers - at any time in the future - an expansion of this designation, whether that’s a geographic expansion, a removal or modification of any conditions, or any other action that adversely affects Woodward’s enjoyment of its property other than as agreed, it would need to be acknowledged that Woodward would be entitled to withdraw this consent, with the effect of nullifying the landmark designation and requiring a new proceeding and determination to establish a landmark. While there was support from LPC members on conditions #5 and #6, the Commission felt that these conditions were outside of the LPC’s purview, and that the LPC did not have the authority to grant these. The LPC did not support condition #7, the option for Woodward, Inc., to nullify a landmark designation in the future, expressing its concern that this last condition could set a harmful precedent for future landmark designations. BOARD / COMMISSION RECOMMENDATION Following public testimony from the applicant, Save Our Silos, and other citizens, and Commission discussion, the LPC adopted two motions recommending landmark designation of the barn and milk house to Council, the first designation for a non-consensual, and the second for a designation with the consent of Woodward, Inc. LPC MOTION 1 (Non-consensual): That the Landmark Preservation Commission recommend to City Council that the Coy barn and milk house be non-consensually designated individually as Fort Collins Landmarks in perpetuity with a boundary that includes the footprints of each building and an area of adjacency as depicted by the blue line on the map. The focus of any future review would be upon the effect of proposed work on the view from the public right-of-way from the trail and the Homestead Natural Area. The rest of the farmstead, including the silo seating area, is no longer eligible and is excluded from this motion. The resolution adopted by the LPC on March 9, 2016, at the first designation hearing shall be incorporated as a finding with amendments as shown in the staff presentation regarding changes since the silos were demolished. Additional conditions include that Woodward would not block the view of these historic structures and would be subject to the city code with regard to the future of this site moving forward. The motion passed 7:1 with Frick dissenting. 17.1 Packet Pg. 171 Attachment: First Reading Agenda Item Summary, July 5, 2016 (w/o attachments) (4639 : SR 088 Coy Farmstead Landmark Designation) Agenda Item 10 Item # 10 Page 3 LPC MOTION 2 (Consensual): That the Landmark Preservation Commission recommend to City Council that the Coy barn and milk house be individually designated as Fort Collins Landmarks in perpetuity with a boundary that includes the footprints of both buildings and an area of adjacency as depicted by the blue line on the map. The focus of any future review would be upon the effect of proposed work on the view from the public right of way from the trail and the Homestead Natural Area with the exception that the already proposed work would only need to undergo administrative review by the Historic Preservation Department. The rest of the farmstead, including the silo seating area, is no longer eligible and is excluded from this motion. The resolution adopted by the LPC on March 9, 2016, at the first designation hearing shall be incorporated as a finding with amendments as shown in the staff presentation regarding changes since the silos were demolished. Additional conditions include that Woodward would not block the view of historic structures and would be subject to the city code with regard to future development of the property. The motion passed 5:2 with Ernest and Hogestad dissenting. It is important to note that although this was construed as a recommendation for a consensual designation, Woodward has indicated it would not consent to a designation as described in this motion, due to the conditions that were not included. To assist in processing and evaluating this issue, two alternative ordinances have been prepared. The first version of the Ordinance (OPTION A) is for a non-consensual designation. This version is modelled off of LPC Motion 1 described above and includes the conditions included by the LPC in Motion 1. The second version of the Ordinance (OPTION B) is for a consensual designation in the event that Woodward, Inc. is agreeable to the conditions and terms of designation and consents to designation. Because Woodward, Inc., has represented that it will only consent to designation provided all of the conditions it has requested are imposed on the designation, the second Ordinance includes all of the conditions that Woodward, Inc., requested, including language incorporating an edited version of “condition #7” as described above regarding withdrawal of consent upon certain conditions. Attached are materials related to the LPC proceedings for this designation. It should be noted that the transcript of the May 11, 2016, LPC meeting was not prepared by City staff. PUBLIC OUTREACH This item required three public hearings of the Landmark Preservation Commission, which occurred on January 27, 2016, March 9, 2016, and May 11, 2016. For each of these hearings, public testimony was received and considered by the Commission. ATTACHMENTS 1. Coy Farmstead Resolution - LPC, March 9, 2016 (PDF) 2. Woodward's Consensual Designation Conditions (PDF) 3. Woodward's Area of Adjacency Map (PDF) 4. LPC minutes, January 27, 2016 (PDF) 5. LPC minutes, March 9, 2016 (PDF) 6. LPC minutes, May 11, 2016 (draft) (PDF) 7. LPC Agenda materials, January 27, 2016 (PDF) 8. LPC Agenda materials, March 9, 2016 (PDF) 9. LPC Agenda Materials, May 11, 2016 (PDF) 10. Letter (with attachments) from Carolynne White, attorney for Woodward, June 28, 2016 (PDF) 11. Citizen Letters (PDF) 12. Powerpoint presentation (PDF) 17.1 Packet Pg. 172 Attachment: First Reading Agenda Item Summary, July 5, 2016 (w/o attachments) (4639 : SR 088 Coy Farmstead Landmark Designation) -1- ORDINANCE NO. 088, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE COY FARMSTEAD BARN AND MILK HOUSE LOCATED ON THE WOODWARD TECHNOLOGY CENTER SUBDIVISION AS INDIVIDUAL FORT COLLINS LANDMARKS 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 landmarks and landmark districts within the City; and WHEREAS, an application for landmark designation of the Coy Farmstead was filed with the City on January 19, 2016; and WHEREAS, on January 27, 2016, the Landmark Preservation Commission (the “Commission”), held a hearing pursuant to City Code Section 14-21 and at such hearing the Commission determined that the Coy Farmstead met the landmark criteria and directed City staff to investigate the benefits of landmark designation; and WHEREAS, at the January 27, 2016, Commission hearing, the owner of the Coy Farmstead, Woodward, Inc., (“Woodward”) stated that it did not consent to the proposed designation; and WHEREAS, on March 9, 2016, the Commission held a hearing pursuant to City Code Section 14-22(b) and at such hearing the seven members of the Commission hearing the item unanimously adopted a resolution stating that the preliminary investigation by the Commission indicated that the Coy Farmstead was eligible for designation and stating the reasons the Commission felt it should further consider designation without the consent of Woodward; and WHEREAS, on May 11, 2016, the Commission held a second hearing pursuant to City Code Section 14-22(c) at which seven Commission members were present, and at such hearing, Woodward stated that it would consent to designation provided certain conditions were imposed upon any such designation; and WHEREAS, at the May 11, 2016, hearing, the Commission adopted a motion recommending that City Council non-consensually designate the Coy Farmstead barn and milk house as individual landmarks with certain conditions, although the recommended conditions did not include all of the conditions requested by Woodward in order for Woodward to consent to designation; and WHEREAS, at the May 11, 2016, hearing, the Commission adopted a second motion recommending, alternatively, that the City Council designate the Coy Farmstead barn and milk house as individual landmarks with certain conditions should Woodward consent to designation, although the recommended conditions did not include all of the conditions requested by Woodward in order for Woodward to consent to designation; and Packet Pg. 173 -2- WHEREAS, on July 5, 2016, the City Council held a hearing to consider the designation and at such hearing, Woodward affirmed that it would not consent to designation unless all of its requested conditions were imposed on any designation; and WHEREAS, the conditions requested by Woodward as described herein are acceptable to the City Council and have been incorporated into this Ordinance, and, therefore, Woodward has agreed to the consensual designation of the barn and the milk house as individual landmarks subject to the conditions set forth below; and WHEREAS, the City Council has reviewed the evidence presented to the Commission regarding the designation, the evidence presented at the July 5, 2016, hearing, and the Commission’s recommendations, and the City Council desires to follow the recommendation related to the consensual designation of the Coy Farmstead barn and milk house as individual landmarks with certain additional conditions; and WHEREAS, the City Council adopts the findings set forth in the Commission’s March 9, 2016, resolution attached hereto and incorporated herein by this reference as Exhibit “A” regarding the criteria for landmark designation set forth in City Code Section 14-5; and WHEREAS, the City Council finds that the Coy Farmstead barn and milk house satisfy the criteria for significance and exterior integrity in consideration of the context of the surrounding area as set forth in City Code Section 14-5 for eligibility for designation as Fort Collins landmarks; and WHEREAS, the designation of the Coy Farmstead barn and milk house as individual landmarks 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 Coy Farmstead barn and milk house located on the Woodward Technology Center subdivision be designated as individual landmarks with the following conditions: i. The landmark designation boundary for the barn shall be the footprint of the barn and the footprint of any subsequent additions thereto. ii. The landmark designation boundary of the milk house shall be the footprint of the milk house wherever it may be relocated and the footprint of any subsequent additions thereto. iii. For purposes of reviewing future adjacent development or redevelopment, the significance of the landmark designation is intended to be limited to the effect of Packet Pg. 174 -3- the development or redevelopment within the area outlined on the map, attached hereto as Exhibit “B” and incorporated herein by this reference, on the view of the barn and milk house from the Homestead Natural Area and the portions of the public path adjacent to the barn and milk house. iv. The remainder of the Coy Farmstead, including the location where the silos once stood, has been found to be not eligible for designation. Section 3. Woodward shall be allowed to proceed with the adaptive reuse plans previously approved by the Commission without further review or approval by the Commission. Section 4. Woodward shall be allowed to erect a five foot tall black metal picket fence around the entire Woodward site without review or approval by the Commission. Section 5. That, except as expressly provided by this Ordinance, alterations, additions and other changes to the barn and milk house will be reviewed for compliance with Chapter 14, Article III, of the Code of the City of Fort Collins, as currently enacted or hereafter amended. Section 6. The Council hereby acknowledges that this designation shall be terminable by Woodward (and only by Woodward and not its successors-in-title to the subject property) as follows: i. if an initial action is taken byIf the City Council, or any other City body with ultimate authority to approve an expansion of this designation, takes an initial action to approve or further consider an expansion to the designation, including but not limited to a geographic expansion, a removal or modification of any conditions, or any other historic designation action that adversely affects Woodward’s enjoyment of its property, to approve or further consider such expansion, or ii. iIf any conditions provided in this Ordinance are deemed by the City or a court, after exhaustion of all appeals, to be invalid, then Woodward may, by the provision of written notice to the City within ninety (90) days after such action or invalidation, withdraw its consent to the designation and thereby nullify this designation. In the event of such nullification, any landmark designation will require a new proceeding and determination in accordance with the procedures and requirements then in effect. Section 7. To the extent the express terms of this Ordinance are not consistent with, and cannot be reconciled with, the historic preservation requirements of Chapter 14 of the City Code, this Ordinance shall govern the determination of the rights and obligations associated with the landmark designations adopted herein. Packet Pg. 175 -4- Introduced, considered favorably on first reading, and ordered published this 5th day of July, A.D. 2016, and to be presented for final passage on the 19th day of July, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of July, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 176 FINAL SIGNED RESOLUTION - COY FARMSTEAD DISTRICT DESIGNATION (Signed 3-31-16) EXHIBIT A 1 Packet Pg. 177 Attachment: Exhibit A (4657 : SR 088 Coy Farmstead Landmark Designation ORD) FINAL SIGNED RESOLUTION - COY FARMSTEAD DISTRICT DESIGNATION (Signed 3-31-16) 1 Packet Pg. 178 Attachment: Exhibit A (4657 : SR 088 Coy Farmstead Landmark Designation ORD) FINAL SIGNED RESOLUTION - COY FARMSTEAD DISTRICT DESIGNATION (Signed 3-31-16) 1 Packet Pg. 179 Attachment: Exhibit A (4657 : SR 088 Coy Farmstead Landmark Designation ORD) FINAL SIGNED RESOLUTION - COY FARMSTEAD DISTRICT DESIGNATION (Signed 3-31-16) 1 Packet Pg. 180 Attachment: Exhibit A (4657 : SR 088 Coy Farmstead Landmark Designation ORD) EXHIBIT B 2 Packet Pg. 181 Attachment: Exhibit B (4657 : SR 088 Coy Farmstead Landmark Designation ORD) Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Wendy Williams, Assistant City Manager SUBJECT First Reading of Ordinance No. 093, 2016, Amending the City Code Pertaining to the Disposition of Tangible Personal Property. EXECUTIVE SUMMARY The purpose of this item is to amend the City Code to eliminate the current provisions pertaining to disposition of tangible personal property and replace with a reference to administrative procedures. The disposition of lost, abandoned, unclaimed or unattended tangible personal property found within a natural area, park, trail, other outdoor City property, and within a City facility will be governed by administrative policies adopted by the City Manager and on file in the City Clerk’s Office. The disposition of firearms, illegal property, identification documents, financial transaction devices, computers or electronic items that store personal identification information will be governed by Fort Collins Police Services Standard Operating Procedures. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION This amendment to the City Code is intended to provide a practical and consistent approach to disposing of lost, abandoned, unclaimed or unattended tangible personal property. The volume of abandoned, unclaimed or unattended items left within City natural areas, parks, trails, and other outdoor City property has increased significantly over the last few years. This type of property typically includes sleeping bags, clothing, backpacks, tents and other items. By virtue of the property’s exposure to the elements, these articles frequently become deteriorated to the point they are no longer of value or utility. The resulting workload from the collection of such property is rapidly exceeding City staff’s ability to safely and effectively handle the items as current City Code provision requires that the material be inventoried and logged into Police Services’ property and evidence system for a thirty (30) day holding period followed by a ten (10) day publication period. This handling, transport and storage is complicated when these items are soiled with bodily fluids, saturated from precipitation, or contain broken glass, hypodermic needles, or other hazardous material. Likewise, this material left uncollected presents a public safety risk and is incompatible with the City’s responsibility of maintaining public property in a clean and safe condition. An administrative policy provides the flexibility of being able to make changes if and when needed to address any unanticipated issues. The proposed administrative policy states that: Trash, perishable or hazardous property will be disposed of or destroyed immediately. Property will be tagged at the site with a notice that property must be removed no later than 72 hours after date and time posted. Tagging requirement will not apply to single items left abandoned, unclaimed, or unattended. Unclaimed property will be evaluated for value or utility. Property determined to have little or no apparent value or utility will be removed and destroyed. 18 Packet Pg. 182 Agenda Item 18 Item # 18 Page 2 Property determined to have apparent value or utility will be removed and stored at the Fort Collins Parks Maintenance Office (Park Shop) for 30 days. Owner may contact the Park Shop to make an appointment to reclaim items removed by the City. Items unclaimed after 30 days will be handled in accordance with Purchasing policies. At this time, it is expected that these materials will be provided to a non-profit organization (currently expected to be Homeless Gear) to support a local program that enables residents to have equal access to clothing, gear and other types of personal property to address their basic human rights and needs. Owner may request an administrative review of the destruction or disposal of property. ENVIRONMENTAL IMPACTS Replacing the City Code provisions with an administrative policy will make it easier to remove abandoned, unclaimed or unattended items from City property. Cleanup of this material will include the removal of hazardous waste associated with drug and alcohol abuse, disposal of clothing, sleeping bags and other material with bodily waste, rodent droppings, and other factors that raise human health considerations. Cleaned sites will improve aesthetics and safety for lawful users of natural areas, parks, and trails. Finally, long-term reduction of deteriorated items throughout our public spaces will reduce exposure of hazardous material to City cleanup crews. While the amount of waste going to the landfill will increase, this is preferable to personal property being left to deteriorate in Natural Areas and Parks. SOCIAL IMPACTS Prior outreach to stakeholders regarding proposed changes to Section 23-130 identified several concerns which have been addressed in the proposed administrative policy. Property will be tagged for 72 hours before removal. Tangible personal property will be removed and held for 30 days at a site where owners are more likely to feel comfortable claiming their property. Involvement by a non-profit organization will result in the distribution of lost, abandoned, unclaimed or unattended items to residents in need of such property. CITY FINANCIAL IMPACTS No significant City financial impacts are expected. BOARD / COMMISSION RECOMMENDATION The current Code provisions which pertain to the disposition of tangible personal property were reviewed at the February 18 Super Board meeting. The key components of the proposed Administrative Policy were also presented, with no concerns expressed. PUBLIC OUTREACH Feedback was sought from the primary service providers in the City, including the Fort Collins Homeless Coalition, Homeward 2020, Homeless Gear and the Murphy Center to an earlier proposal to modify Section 23-130, Disposition of lost, abandoned or other unclaimed property. ATTACHMENTS 1. Proposed Administrative Policy (PDF) 2. Powerpoint presentation (PDF) 18 Packet Pg. 183 -1- 2.9 Lost, Abandoned, Unclaimed or Unattended Tangible Personal Property A. Definition. Tangible property shall mean corporeal personal property of any kind that can be seen, weighed, measured, felt, or touched, or is in any other way perceptible to the senses, but excluding the property defined in City Code Section 23-132 (Chapter 23, Article IV, Division 3, Section 23-125). This definition shall apply to Sections 2.9, 2.10 and 2.11 of these policies. B. Lost, Abandoned, Unclaimed or Unattended Tangible Personal Property within a Natural Area, Park, Trail or other outdoor City property. (1) Property Must be Noticed a) With the exceptions of trash, perishable or hazardous property, currency, and as provided in 2.9C and 2.10 of the City Manager’s Policies, all lost, abandoned, unclaimed or unattended tangible personal property found within a natural area, park, trail or other outdoor City property, by a peace officer or specially commissioned officer of the City, or his or her designee(s) (hereafter referred to as “Officer”), shall be tagged with a notice (both in English and Spanish) at the site of the property not less than seventy-two (72) hours before removal, which states the following: i. That the property must be removed not later than the date and time posted (seventy-two hours from posting) pursuant to administrative policies adopted by the City Manager and on file in the office of the City Clerk; ii. That unremoved items of little apparent value or utility will be destroyed or otherwise disposed of; and iii. That the owner may contact the Fort Collins Parks Maintenance Office (Park Shop) between 8:00 a.m. & 3:30 p.m. Monday thru Friday at given phone numbers to make an appointment to reclaim items of value or utility that are removed by the City. (2) Property Must be Evaluated for Value or Utility a) All lost, abandoned, unclaimed or unattended tangible personal property found within a natural area, park, trail or other outdoor City property shall be evaluated for value or utility. In making the determination regarding value or utility, an Officer shall consider the following factors: ATTACHMENT 1 18.1 Packet Pg. 184 Attachment: Proposed Administrative Policy (4644 : Tangible Personal Property) -2- i. The apparent condition of the property, including, but not limited to, whether it is damp, soiled, moldy, infested, or in a state of substantial disrepair, and its apparent ability to serve its intended purpose in its current condition; and ii. The material of which the property is made or constructed; and iii. Whether the property would have significant marketable value in its current condition; and iv. The degree to which the property is protected from or exposed to the elements of nature and therefore susceptible to damage or deterioration; and v. Whether the property could reasonably appear to have personal value to the owner for sentimental or business purposes, such as photos, documents of identification, letters, or other written materials; and vi. Any other factors apparent to the Officer which would have an impact on its value or utility. b) If the material is other than currency, firearms, illegal property, identification document, financial transaction device or computer or electronic item that stores personal identification information, and is reasonably determined by an Officer to be of apparent value or utility, it will be removed following a posting of notice in the form described above, and stored at The Fort Collins Parks Maintenance Office (Park Shop) for thirty (30) days. Currency, firearms, illegal property, identification document, financial transaction device or computer or electronic item that stores personal identification information will be processed in the manner described at 2.12 of the City Manager’s Policies. (3) Property Determined to be of Little or No Apparent Value or Utility a) Lost, abandoned, unclaimed, or unattended personal property of little or no apparent value or utility, as reasonably determined by an Officer, that is found upon and within a City natural area, park, trail or other outdoor City property may be removed and destroyed or otherwise disposed if it has been determined that: i. No person is within the immediate vicinity of such property at the time the Officer discovers such property and the Officer has posted notice as indicated above; or 18.1 Packet Pg. 185 Attachment: Proposed Administrative Policy (4644 : Tangible Personal Property) -3- ii. A person claiming ownership of the property is within the immediate vicinity of such property, and fails to remove all of his or her property within seventy-two hours after posting of the notice above; or iii. Identifying contact information is readily apparent at the site of the property and the Officer has attempted to, but has not been successful in, contacting the property owner to obtain removal of the property. (4) Trash If the material is reasonably determined by an Officer to constitute trash, it will be destroyed or disposed of immediately without notice or hearing. Trash shall mean material that is worthless, useless, or constitutes litter, and includes, but is not limited to, used food containers, soiled food, plastic or paper bags, destroyed objects, broken pieces of objects, debris, pieces of paper dropped on the ground, and similar detritus. (5) Perishable or Hazardous Property If the material is reasonably determined by an Officer, to constitute perishable or hazardous property, it will be immediately destroyed or disposed of without notice or hearing. Perishable or Hazardous property shall include consumable substances and other materials of a nature subject to decay, environmental contamination, or otherwise deemed inadvisable to retain for public health and safety reasons. C. Single Items of Tangible Personal Property Left Abandoned, Unclaimed or Unattended in a Natural Area, Park, Trail or Other Outdoor City Property. Except as otherwise provided in Section 2.10, single items of tangible personal property left abandoned, unclaimed or unattended in a natural area, park, trail or other outdoor City property will be handled as follows: (1) Trash, perishable or hazardous property will be disposed of or destroyed immediately. (2) Unclaimed property will be evaluated for value or utility. (3) Property determined to have little or no apparent value or utility will be removed and destroyed. (4) Property determined to have value or utility will be taken directly to the Fort Collins Parks Maintenance Office (Park Shop), and then shall be used or disposed of as determined by the Purchasing Agent. 18.1 Packet Pg. 186 Attachment: Proposed Administrative Policy (4644 : Tangible Personal Property) -4- 2.10. Lost, Abandoned, Unclaimed or Unattended Tangible Personal Property within or on the grounds of a City Facility Lost, abandoned, or unclaimed personal property within or on the grounds of a City facility, owned or operated by the City shall be handled as follows: (1) Trash, perishable or hazardous property will be disposed of or destroyed immediately. (2) Unclaimed property will be evaluated for value or utility. (3) Property determined to have little or no apparent value or utility will be removed and destroyed. (4) Property determined to have apparent value or utility will be stored on site for 30 days. (5) Items unclaimed after 30 days will be taken to the Fort Collins Parks Maintenance Office (Park Shop), and then shall be used or disposed of as determined by the Purchasing Agent. 2.11 Administrative Review (1) Administrative review of the destruction or disposal of any property under Sections 2.9 and 2.10 and review of any request for reasonable compensation in connection with the same shall be as provided in this Subsection. a) To request a hearing to review the decision regarding the destruction or disposal of property and to request reasonable compensation, the owner of the property must notify, in writing, the City Manager’s Office within thirty (30) days of destruction or disposal. b) Except as agreed by the requesting party, any requested hearing must take place within thirty (30) days of receipt by the City of the request for hearing. The hearing officer may be an independent contractor to the City or any employee or officer of the City appointed as the hearing officer by the City Manager’s Office, so long as such appointee was not involved in the removal, destruction, or disposal of the property at issue. c) The hearing decision may be appealed in accordance with Colorado law. d) A request for a hearing by said property owner as provided in this Section shall not constitute a written notice of injury as defined in §24-10-109, Colorado Revised Statutes. 2.12 Firearm, Illegal Property, Identification Document, Financial Transaction Device Or Computer Or Electronic Item That Stores Personal Identification Information 18.1 Packet Pg. 187 Attachment: Proposed Administrative Policy (4644 : Tangible Personal Property) -5- Any firearm, illegal property, identification document, financial transaction device or computer or electronic items that stores personal identification information that is found upon and within a City natural area, park, trail or other outdoor City property or within a City facility shall be immediately turned over to Fort Collins Police Services. 18.1 Packet Pg. 188 Attachment: Proposed Administrative Policy (4644 : Tangible Personal Property) 1 Disposition of Tangible Personal Property Wendy Williams ATTACHMENT 2 18.2 Packet Pg. 189 Attachment: Powerpoint presentation (4644 : Tangible Personal Property) Background Current Code regarding disposition of lost, abandoned, or other unclaimed property requires City to: • Inventory and log into Police Services property and evidence system • Store for not less than 30 days • Then publish notice to afford owner opportunity to reclaim the property 2 18.2 Packet Pg. 190 Attachment: Powerpoint presentation (4644 : Tangible Personal Property) Background • Concern about amount of abandoned and unclaimed items left on City property, specifically in natural areas, parks or trails • Handling, transport and storage is complicated when items are soiled, wet, or contain hazardous material • Material left uncollected may present a public safety risk • Replace Code section with Administrative policy adopted by the City Manager 3 18.2 Packet Pg. 191 Attachment: Powerpoint presentation (4644 : Tangible Personal Property) Draft Administrative Policy • Trash - destroy or dispose of without notice; • Of little or no value - post notice that property not removed within 72 hours will be destroyed or otherwise disposed of; • Reasonably determined to be of apparent value or utility - removed after no less than 72 hours and stored for 30 days at Fort Collins Maintenance Office • Administrative review of the destruction or disposal of any property 4 18.2 Packet Pg. 192 Attachment: Powerpoint presentation (4644 : Tangible Personal Property) Stakeholder Concerns • 24 hour notification period too short • Existing protocol for reclaiming items of value at Police Services discourages owners from claiming property • No local service provider involvement 5 18.2 Packet Pg. 193 Attachment: Powerpoint presentation (4644 : Tangible Personal Property) Summary • Remove Disposition of Lost, Abandoned, or Otherwise Unclaimed Property from City Code • Administrative Policy that: • establishes method to notify persons of need to remove personal property • provides practical approach to dispose of items of little or no apparent value • partners with service provider to redistribute unclaimed items • maintains City property and public spaces in a clean and safe condition 6 18.2 Packet Pg. 194 Attachment: Powerpoint presentation (4644 : Tangible Personal Property) -1- ORDINANCE NO. 093, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY CODE PERTAINING TO THE DISPOSITION OF TANGIBLE PERSONAL PROPERTY WHEREAS, City Code provisions currently require tangible personal property, regardless of its value or utility, to be inventoried and logged into Police Services’ property and evidence system for a thirty-day holding period followed by a ten-day publication period; and WHEREAS, the handling, transport and storage of such property often times creates a public safety risk and is incompatible with the City’s responsibility to maintaining public property in a clean and safe condition when the property is soiled with bodily fluids, saturated from precipitation, contains broken glass, hypodermic needles or other hazardous materials; and WHEREAS, over the years, City staff has been experiencing an environment in which it is becoming impractical to comply with the current City Code provisions due to both the type of tangible personal property and the ever-increasing volume of such property; and WHEREAS, City staff has identified a benefit in establishing administrative procedures in lieu of the City Code provision to govern tangible personal property in order to allow more administrative flexibility to adjust the procedures; and WHEREAS, City staff has formulated administrative procedures pertaining to the disposition of lost, abandoned, unclaimed or unattended tangible personal property found within a natural area, park, trail, other outdoor City property, and within a City facility to provide a practical, flexible, consistent, and updated approach, including evaluating the property for value or utility, and to dispose of tangible personal property in compliance with constitutional due process requirements; and WHEREAS, these administrative procedures will be approved by the City Manager and remain on file in the Office of the City Clerk; and WHEREAS, staff recommends eliminating the current provisions in the City Code pertaining to the disposition of tangible personal property so that the City Manager’s administrative procedures will consistently govern all City department processes concerning tangible personal property; and WHEREAS, for these reasons, the City Council believes that these amendments to the City Code are in the best interests of the citizens of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Packet Pg. 195 -2- Section 2. That the title of Chapter 23, Article IV, Division 3 of the Code of the City of Fort Collins is hereby amended to read as follows: Division 3 Real and PersonalTangible Personal Property Section 3. That Chapter 23, Article IV, Division 3 of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 23-125 which reads in its entirety as follows: Sec. 23-125. Definitions. The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Section. Tangible property shall mean corporeal personal property of any kind that can be seen, weighed, measured, felt, or touched, or is in any other way perceptible to the senses, but excluding the property defined in City Code Section 23-132. Section 4. That Section 23-126 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-126. - Surplus and obsolete tangible property; definition. All items of surplus and obsolete tangible property owned by the City shall be disposed of by public sale or otherwise at the discretion of the Purchasing Agent according to established administrative procedures approved by the City Manager and on file in the office of the City Clerk. Such procedures shall be designed so as to recover the market value of the disposed of property except where the administrative cost is expected to exceed the recoverable value or otherwise in accordance with rules, regulations, and policies of the Purchasing Agent. For the purposes of this Division, sSurplus and obsolete tangible property shall mean all items of personaltangible property previously purchased by the City or converted to City use through the procedures described in this Division which in the judgment of the Purchasing Agent are no longer useful or necessary for the efficient administration of City affairs. Section 5. That Section 23-127 of the Code of the City of Fort Collins is hereby deleted in its entirety as follows: Sec. 23-127. - Disposition of stolen property. (a) The provisions in this Division shall control the disposition of all stolen property found, seized or otherwise delivered into the possession of the City and remaining unclaimed by the lawful owner. (b) Upon a determination that property coming into the possession of the City is stolen or as soon thereafter as is practicable, such property shall be delivered to the Chief Packet Pg. 196 -3- of Police as custodian, who shall keep a record of all such property together with the date when and the place from which the property was obtained. (c) With respect to bicycles, any bicycle that is identified as stolen and that is no longer necessary as evidence in a criminal prosecution may be delivered to Transportation Planning and disposed of pursuant to § 23-130. Section 6. That Section 23-128 of the Code of the City of Fort Collins is hereby deleted in its entirety as follows: Sec. 23-128. - Disposition of illegal property. Any property, the possession of which is illegal, including controlled substances or drug paraphernalia which is no longer of any evidentiary value in any pending criminal proceeding and the destruction of which has been authorized by court order pursuant to any applicable provisions of law, may be destroyed by the Chief of Police. For the purposes of this Section, controlled substance and drug paraphernalia shall have the same meaning as those set forth in Sections 12-22-303(7) and 12-22-502(2), C.R.S. Section 7. That Section 23-129 of the Code of the City of Fort Collins is hereby deleted in its entirety as follows: Sec. 23-129. - Disposition of perishable or hazardous property. (a) If any property seized or otherwise obtained by the City is of a perishable nature or of such nature as to make it inadvisable in the opinion of the Chief of Police to retain possession, such property shall be forthwith advertised for sale at public auction with public notice to be published in a newspaper of general circulation throughout the City or shall be advertised via electronic media not less than three (3) days prior to such sale, which notice shall contain the date, time and place of such sale and the reason for the immediate sale. At the discretion of the Purchasing Agent, such public sale or auction may also take place via means of electronic media. (b) Notwithstanding the foregoing, nothing herein shall preclude the immediate disposal or destruction of property which in the judgment of the Chief of Police, or in the judgment of such other City service director whose service area has obtained the property, presents an immediate danger to the health, safety or welfare of the community if otherwise retained in the possession of the City for the period of time provided for herein or which by reason of its nature, condition or substance is not properly the subject of a sale. (c) Nothing contained in this Section shall be construed to refer to any impounded animals as may be provided for in any other City ordinance. (d) For purposes of this Division, electronic media shall mean the Internet, the City website or other widely available resource on the World Wide Web. Packet Pg. 197 -4- Section 8. That Section 23-130 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-130127. - Disposition of lost, abandoned or other unclaimed tangible property. Except as otherwise specifically provided for by law or ordinance, any tangible property seized or otherwise obtained by the City and not sold or destroyed as perishable, hazardous or illegal property and which property has not been claimed by or surrendered to the rightful owner may be disposed of in the following manner:may be disposed of in accordance with administrative policies adopted by the City Manager and on file in the office of the City Clerk. Such policies shall provide reasonable notice of any proceedings and an opportunity to be heard prior to the disposal of any tangible property. (1) All such property must first be retained for a period of no less than thirty (30) days from the date that possession was acquired by the City; (2) After the expiration of such period of time and as soon thereafter as is practicable, the Purchasing Agent must cause to be published once in a newspaper of general circulation in the City, or advertise via electronic media, a general description of the articles of property to be disposed of, which notice must contain the following information: a. That a detailed list of each and all articles of such property is available and may be obtained from Purchasing, including the address and the hours during which such list may be obtained; b. That if such property is not claimed by the rightful owner within ten (10) calendar days from the date of the publication, such property will become the property of the City to be disposed of by public auction or otherwise, and if by public auction provide the date, place and location of any such public auction. (3) If within ten (10) days from the publication of the notice, no claim for such property described in the notice shall have been made by the rightful owner, such property shall become the property of the City and shall be disposed of in the following manner: a. Any property which was delivered to the City, the possession or use of which is not illegal or dangerous, may be returned to the person who delivered the same to the City. The City shall thereupon relinquish any claim of ownership to such property and shall thereafter be relieved of any liability to the original owner of such property or any other person. b. Any other such property may, in the discretion of the Purchasing Agent, be retained and used by the City in the administration of City affairs or for use in City or community events or programs, so long as the use and distribution of such property is in accordance with the Purchasing Agent's established policies and guidelines approved by the City Manager. Packet Pg. 198 -5- c. All other property shall be sold at public auction, including an auction via electronic media in the manner and upon the terms described in the above notice, with the proceeds of any such sale or sales to be paid to the Financial Officer to be placed in the general fund of the City after deducting the cost of storage, advertising and selling. d. Any unclaimed property which is of little or no marketable value may be destroyed. (4) Notwithstanding any of the foregoing provisions to the contrary, the disposition of firearms or other weapons shall be governed by the following additional provisions: a. Firearms and other weapons shall be disposed of at the sole discretion of the Chief of Police, who may: 1. Authorize sale or destruction; or 2. Authorize retention for the purpose of training members of Police Services in the safe handling and operation of those weapons. Any firearm so retained shall be rendered inoperable. b. Sales of firearms shall be restricted to licensed dealers or licensed collectors (licensed under the Federal Gun Control Act of 1988). Introduced, considered favorably on first reading, and ordered published this 19th day of July, A.D. 2016, and to be presented for final passage on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 199 Agenda Item 19 Item # 19 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Craig Kisling, Landscape Architect Kurt Friesen, Director of Park Planning & Development SUBJECT First Reading of Ordinance No. 094, 2016, Appropriating Prior Year Reserves in the Capital Expansion Fund for Transfer to the Capital Projects Fund and the Cultural Services and Facilities Fund for the Art in Public Places Program for the Southeast Community Park. EXECUTIVE SUMMARY The purpose of this item is to request appropriations for the Southeast Community Park Project in the amount of $1.6M from the Community Parkland Capital Expansion Reserves. The park is currently under construction and scheduled to open in 2017. An additional appropriation is needed to fully fund the park as designed. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Southeast Community Park is a new park in southeast Fort Collins that is currently under construction and scheduled to open in summer 2017. There is currently a shortfall of $1,638,000 needed to fully fund park construction. There is approximately $2.8M available in Community Parkland Capital Expansion Reserves, which is sufficient to fund the shortfall. The sources of these funds are community park impact fees which can only be used to fund community park design and construction. An appropriation of $1,638,000 from the Community Parkland Capital Expansion Reserves will fully fund the park as designed. To comply with the City’s Art in Public Places (APP) ordinance, one percent of the project funds appropriated by this Ordinance will be transferred to the Cultural Services and Facilities Fund. A funding summary of the project is provided: Total Spent to Date (Tennis Courts, Pond, Streets, Design) $4,000,000 New Construction $10,500,000 Permit/Fees $838,000 Contingency (8%) $780,000 Total $16,118,000 Funding Available $10,000,000 Nature in the City Contribution $100,000 Stormwater Stream Rehabilitation Program $380,000 Funding Shortfall $1,638,000 Art in Public Places Contribution $16,380 Total Funding Request $1,654,380 19 Packet Pg. 200 Agenda Item 19 Item # 19 Page 2 The following chart outlines the individual cost of park elements to be funded with this request: Park Element Cost Back Porch, Harvest Room and Orchard $405,000 Ballfield Restroom $386,000 Sports Field Lighting $326,000 Community Garden $63,000 Basketball Court $49,000 Dog Park $42,000 Orchard Trellis Structure $34,000 Hops Trellis $28,000 Concrete Band at Coulees $27,000 Gabion Seat Walls $18,000 The park design was presented to Council at the June 28, 2016 Work Session. At this meeting, several concerns and questions were raised. Responses to these issues are provided below: Creek Play Area Design The creek play area is designed as a place where visitors can safely access and play in McClelland Creek. The creek is a popular place for play today, with numerous rope swings fabricated by residents. In its current state, McClelland Creek is approximately 3’ wide, with many instances of steep slopes and eroding banks. In order to stabilize the eroding banks, the slopes of the creek banks will be laid back with additional plantings provided for stabilization. The restoration of the creek banks are being designed and funded through the Stormwater Stream Rehabilitation Program. A similar restoration effort was completed at Radiant Park in 2013. Meandering crushed stone paths lead visitors down to the creek play area. Sandstone blocks steps, and low walls are provided at the edges of the banks to provide places to sit and play. A concrete ramp provides safe entry into the creek. The width of the creek in the creek play area is approximately 24’ wide. The bottom of the creek play area is surfaced with a textured concrete that provides a non-slip surface for wading in the water and reduce erosion. Water depth is approximately 6”. There is a sand beach play area on the north side of the creek and in the island. Reclaimed logs from the site provide bridges for crossing the creek in several places. Trees and vegetation envelop the creek play area. Handicap Accessibility The park is designed to provide handicap accessibility to every major element within the park, including the shelter, restrooms, harvest room, orchard, back porch, ball fields, creek play, community garden, multi-purpose fields, basketball court, BMX course and trails throughout the park. The playground is designed to provide accessible play elements that comply or exceed requirements of the American Disabilities Act (ADA). Within the play barn and silo structures, there are a total of 28 elevated play events provided. Of those 28, 23 are accessible by either transfer steps or ramp. In addition to the elevated play elements, there are 18 ground level events that are accessible. As shown in the chart below, these totals far exceed what is required by the ADA. Southeast Community Park Playground Accessibility Provided Required Total # of Elevated Play Components 28 - Total Events Accessible via Transfer Steps 15 8 19 Packet Pg. 201 Agenda Item 19 Item # 19 Page 3 Provided Required Total Events Accessible via Ramp 8 8 Total Accessible Ground Level Events 18 9 Different Types of Ground Level Events 12 5 Rationale for Nature in the City Funding Nature in the City’s (NIC) 2016 capital budget is $200,000. Thus, the proposed $100,000 investment in the Southeast Community Park represents 50% of the 2016 capital budget. The creek play area represents an opportunity to meet many of the programmatic goals of NIC such as access to nature and encouraging native wildlife (in this case reintroduced native fish). From staff’s perspective, the play area represents a high leverage investment given the adjoining investments in public infrastructure and an expected high level of public use. Staff currently are exploring and pursuing numerous other NIC opportunities with public and private partners throughout the community Lee Martinez Park Raw Water Funds Based on Council input at the June 28 Work Session, the $300,000 appropriated for raw water conversion at Lee Martinez Park will not be used for raw water purchase at Southeast Community Park. Instead, other improvements to existing community parks will be considered. Council Involvement in Future Community Parks At the June 28 Work Session, Council expressed interest in more involvement during the design process for community parks. More discussion needs to occur on this topic, likely at the time the Parks & Recreation Plan will be updated, currently scheduled for 2019. CITY FINANCIAL IMPACTS The sources and amounts of the appropriation request are as follows: Community Park Capital Expansion Reserves $1,638,000 Transfer to Cultural Services and Facilities Fund $ 16,380 Total $1,654,380 City staff recommends approval of a project shortfall appropriation in the amount of $1,638,000. Use of existing Community Parkland Capital Expansion Reserves will shift available funding to an ongoing project with an imminent need. These funds are intended for community park construction purposes and will be applied to satisfy that purpose at the Southeast Community Park Project. BOARD / COMMISSION RECOMMENDATION The Parks and Recreation Board has reviewed the Southeast Community Park concept, along with staff recommendations to address community concerns, and supports the overall park design. The Board has not reviewed the proposed funding approach for the project. PUBLIC OUTREACH Four community meetings were conducted over the life of the project to gather resident feedback on the Southeast Community Park design. An online survey was prepared for citizens to provide input. The park concept was revised considerably based on citizen feedback to address concerns of light spill into adjacent neighborhood and traffic congestion. Following these changes, the park has been well received and eagerly anticipated by residents. 19 Packet Pg. 202 Agenda Item 19 Item # 19 Page 4 ATTACHMENTS 1. Powerpoint presentation (PDF) 19 Packet Pg. 203 Kurt Friesen, Park Planning & Development Director 11 7-19-16 Southeast Community Park ATTACHMENT 1 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) Park Location 2 Mulberry Mulberrry ulb ry Prospect Drake Horsetooth Harmony Ziegler Kechter I-25 Timberline Lemay Park Site Khtt K 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) Design Process Overview • 4 project community meetings conducted • Park design changed considerably in 2014 in response to neighborhood concerns and the silo relocation opportunity • On line survey comments received • The park as designed has received enthusiastic support from residents 3 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) Neighborhood Concerns • Traffic congestion along Kechter • Lighted fields near homes • Playground close to Kechter • BMX course highly visible from Ziegler 4 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) Neighborhood Concerns Addressed • Park entry off Ziegler instead of Kechter • Dispersed parking • Ball fields lighted away from homes • Playground centrally located • BMX course in discreet location BMX P P P P Playground Lighted Ball Fields Multi-purpose Fields Prairie Landscape 5 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 6 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 7 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 8 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 9 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 10 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 11 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 12 12 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 13 The Coulees Multi- Purpose Fields Ball Fields Dog Park BMX Prairie Landscape Pond The Homestead 13 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 14 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 15 Community Garden Hops Trellis Farm House Shelter Harvest Table Back Porch Orchard Vertical Gardens Creek 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 16 Farm House Shelter 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) Silos – Timberline & Prospect 17 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 18 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 19 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 20 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 21 Playground Accessibility Ground Level Event Transfer Accessible Event Ramp Accessible Event Elevated – Not Accessible Transfer Step Example 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 22 Ground Level 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 23 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 24 Level One 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 25 Level One 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 26 Level One 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 27 Level Two 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 28 Level Two 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 29 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 30 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 31 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 32 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) 33 Sand Beach Sand Island Log Bridges Sandstone Steps Crushed Ramp Stone Walk Log Benches Sandstone Edge 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) Nature in the City Partnership 34 • 2016 NIC Capital Budget is $200,000. $100,000 is proposed to Southeast Community Park creek play area • The project meets NIC goals including access to nature & encouraging native wildlife (reintroduced native fish) • High leverage NIC investment with adjoining park • City Boards to review NIC projects 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) Level of Service Comparison 35 Fossil Creek Community Park Spring Canyon Community Park Southeast Community Park Park Acreage 99.5 110 54 Shelters 2 group, 1 picnic 5 group, 3 picnic 1 group Tennis Courts 533 Multi-purpose Fields 252 Basketball Courts 2 lighted 3 unlighted 1 unlighted Dog Park 1 acre 2 acres 1 acre Skate Park 110 Unique Elements In Line Hockey Mountain Bike Trials Course Sand Volleyball Veterans Memorial Harvest Room Fruit Orchard Hops Trellis Community Garden BMX Course 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) Park Funding Summary 36 Total Spent to Date (Tennis Courts, Pond, Streets, Design) $ 4,000,000 New Construction $10,500,000 Permit/Fees $838,000 Contingency (8%) $780,000 Total $16,118,000 Funding Available $10,000,000 Nature in the City Contribution $100,000 Stormwater Stream Rehabilitation Program $380,000 Funding Shortfall $1,638,000 Art in Public Places Contribution $16,380 Total Funding Request $1,654,380 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) Staff Recommendation Staff recommends full funding of the park • As designed, the park provides a comparable level of service with other community parks • The park provides some unique elements not found in other parks in the City • The park design has been enthusiastically received by residents of southeast Fort Collins 37 19.1 Attachment: Powerpoint presentation (4559 : Southeast Community Park) -1- ORDINANCE NO. 094, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE CAPITAL EXPANSION FUND FOR TRANSFER TO THE CAPITAL PROJECTS FUND AND THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM FOR THE SOUTHEAST COMMUNITY PARK WHEREAS, in order to construct the Southeast Community Project (the “Project”) as designed and on the current schedule, staff has identified a need for additional funding; and WHEREAS, staff has identified One Million Six Hundred Thirty Eight Thousand Dollars ($1,638,000) available from the Capital Expansion Fund Reserves as an eligible funding source to complete the Project as designed; and WHEREAS, staff presented its proposal for additional Project funding and sought Council input at the June 28, 2016 Council work session; and WHEREAS, under the City Code, one percent of the final appropriation for the Project must be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program, with 75% (totaling $12,776) reserved for the APP artwork component of project and 25% (totaling $3,604) reserved for maintenance of the artwork and operations of the APP program; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriation by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriation, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, staff has determined the appropriation of revenue proposed herein will not cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund (project) to another fund (project), provided that the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 241 -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from prior year reserves in the Capital Expansion Fund the sum of ONE MILLION SIX HUNDRED THIRTY EIGHT THOUSAND DOLLARS ($1,638,000) for transfer to and expenditure in the Capital Projects Fund for the Southeast Community Park Project. Section 3. That the unexpended appropriated amount of TWELVE THOUSAND SEVEN HUNDRED SEVENTY SIX DOLLARS ($12,776) in the Capital Projects Fund for the Southeast Community Park Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Art Project. Section 4. That the unexpended appropriated amount of THREE THOUSAND SIX HUNDRED FOUR DOLLARS ($3,604) in the Capital Projects Fund for the Southeast Community Park Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Maintenance and Operations. Introduced, considered favorably on first reading, and ordered published this 19th day of July, A.D. 2016, and to be presented for final passage on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on this 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 242 Agenda Item 20 Item # 20 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Sue Beck-Ferkiss, Social Sustainability Specialist Jackie Kozak-Thiel, Chief Sustainability Officer SUBJECT Resolution 2016-057 Appointing Two City Representatives to the Larimer County Housing Affordability Working Group. EXECUTIVE SUMMARY The purpose of this item is to appoint two City representatives to serve on a working group convened by the Larimer Board of County Commissioners to pursue local, regional, and state-level solutions to make housing more affordable in Larimer County. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Housing affordability is an issue not only for the lowest wage-earners, but for many city residents. The City’s Affordable Housing Strategic Plan (AHSP) acknowledges this. The City uses policy to influence the real estate market to provide housing options for all citizens, at all life stages and income levels. The AHSP has a strategy to refine development incentives and expand funding sources and partnerships. Regional conversations about housing affordability are listed as an action item related to this strategy. Several conversations have been initiated. Staff from the Social Sustainability Department and Councilmember Horak has been involved in two efforts to date. The Board of County Commissioners is also convening a working group to pursue local, regional, and state-level solutions to make housing more affordable in Larimer County. It would like the City to participate in a series of monthly meetings for the next year to focus on the issue of housing affordability including: Sales prices; Affordability of starter homes; Housing policies that affect market conditions; The ability to borrow and finance home purchases; he supply of new and refurbished housing. This effort does not intend to focus on affordable housing for the lowest wage-earners, but rather on housing affordability for all. A Resolution from City Council is requested to appoint two individuals to represent the City in this work group. CITY FINANCIAL IMPACTS This Resolution will not impact the City’s finances. 20 Packet Pg. 243 Agenda Item 20 Item # 20 Page 2 BOARD / COMMISSION RECOMMENDATION The Affordable Housing Board has supported regional conversations about housing affordability generally but has not reviewed this particular request. ATTACHMENTS 1. Letter of invitation from the Larimer Board of County Commissioners (PDF) 20 Packet Pg. 244 20.1 Packet Pg. 245 Attachment: Letter of invitation from the Larimer Board of County Commissioners (4654 : Larimer County Housing Affordability Work Group) -1- RESOLUTION 2016-057 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING TWO CITY REPRESENTATIVES TO THE LARIMER COUNTY HOUSING AFFORDABILITY WORKING GROUP WHEREAS, housing affordability continues to pose a significant and growing challenge within the Fort Collins community; and WHEREAS, the City’s Affordable Housing Strategic Plan (the “Plan”) acknowledges that housing affordability is an issue not just for the lowest wage-earners, but for many City residents; and WHEREAS, regional conversations about housing affordability are an action item under the Plan; and WHEREAS, the Board of County Commissioners would like to convene a working group to pursue local, regional and state-level solutions to make housing more affordable in Larimer County, and has invited the City to appoint two representatives to participate in that group. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby appoints _____________ and _____________ as the City’s representatives to the Larimer County housing affordability working group. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th day of July, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 246 14.1 Packet Pg. 132 Attachment: HEAL campaign brochure (4618 : Commitment to a Culture of Health) Bennett Brush Buena Vista Commerce City Cortez Denver Frederick Lamar Leadville Littleton Manitou Springs Milliken Oak Creek Salida Steamboat Thornton MUNICIPALITIES THAT JOINED IN 2013: 14.1 Packet Pg. 131 Attachment: HEAL campaign brochure (4618 : Commitment to a Culture of Health) J.W. (2012). State- and Payer Specific Estimates of Annual Medical Expenditures Attributable to Obesity, Obesity, 10, 214-220. iv Keeping Colorado Competitive: Roadmap to a Healthier, More Productive Workforce (Supplement to the 2012 Colorado Health Report Card), The Colorado Health Foundation, 2013. 14.1 Packet Pg. 130 Attachment: HEAL campaign brochure (4618 : Commitment to a Culture of Health) Attachment: Midtown BID Operating Plan (4612 : MID BID Setting Public Hearing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acket Pg. 123 Attachment: Midtown BID Operating Plan (4612 : MID BID Setting Public Hearing) # + &%$,*+ &$'#0. + ##''# # *++ ) (, ) $ %+*2 %#, % + $ %$ %+2%.&,## $ ++ $&,%+& ++ +$0 **, +&%&$&) + %+ $&,%++ + *'')&- 0+ -&+ )*4 *++,+ ##&.* &)&)& F+&BB$ $ )*. &) # +&)*4 +&.% &). ## % + ##0&%* *+& ''& %+ $ $ )* )&$+ +&.% ) 4 +&.% ) &$$ %* + + +0&,% #''& %++ &##&. % % + #&)$ $ )*3 $& " & ! 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''" #(+ !! 354% &! # & $$(-##)!!,.%#0&$$ ) ##09** ** ')&' )+ *. ## %#, 4 . ##) * '')&/ $+ #0 ?DAA2AAA % +* )*+0 )& &' )+ &%*4 + &%##02+ . ## - + # +0+&) * + ** **$ %+%%,##0%&++& / + &%*,$ ) ) % / &)##)%&%*,$ )*; 9< &)+ %- )9&,# )9) # 02&#&)&$ +)&'&# +% ) 4 * * &%. ## ++ *) + &%& + &)4 %+ )*+0 )& &' )+ &%*2 + *')&'&* + ++ .&,# %- *+) *&,) *+&,% )+" + &##&. % - " 0')&! +*3 B4 - #&'+ +&.%)%% %+ +0 C4 *+# * +&.%9)% .0 % % %* % ')& )$2 %#, % %*+## % + .0* %+& + +&.%) D4 ) ,##9+ $ *+ +&.&)"*' ##0 &) +&.%2* )- % *# *&%+&*+" &# )*%% -&+ +&+ +0& &)+&## %*&%$++ )*) + #+& +&.%5* ,+,) E4 - #&'% $'# $ %+')& )$& 0 )9)&,% - %+*+& ')&, %')+% )* '. + #&# *+" &# )* F4 * %% $'# $ %+'# $" % % % $ %+*2 %#, % &# 0# + % 2',# )+2%% )* % #&. )* ) % % %) - %, %&%+) ,+ &%* % + &%+&+ ** **$ %+. ## %) * $'+% #' + &) % 1+ &%+& *+# - ) %- *+$ %+* %+& +&.%4&+ + %2+ . ##.&)"+&')&,) *,''&)+ % ,% % )&$+ +0& &)+&## %**. ##* )%+*2&%+ &%*2*'&%*&)* '*2 13.2 Packet Pg. 121 Attachment: Midtown BID Operating Plan (4612 : MID BID Setting Public Hearing) ' +&.%* 2# %%. #&$ % 4 %$ % *+)+ - ,$) ##+ +) % *+ % &) &&+& + )%$/ $ 1 * ,% % &''&)+,% + * &)+ ,+,) & +&.%4 +&.% %#, *') #* )&%+ % &,+ &## - %, )&$)&*' +& %+ %&)+ +& )$&%0& %+ *&,+ 2*. ##*+ &* )&%+ % *+&&+ ##*)".0 +. %*+.##&.& %&,+ &## - %, %+ +0& &)+&## %*2&,%+0& ) $ )2++ & &#&)&2% ##,*+)+ 0+ &,%)0++ % 4 * &,%) *) $&) ')+ ,#)#0 *) 0+ ++ +* & ') #*. + %+ &,%) *%+ )# # *) '+ &%** 4 *' * )- *+ ++ . ## ,% - % - #&' %') &) + 1 0+ ,* % **% ')&' )+0&.% )*& +&.%2% %#, 3 . ## + &9+&) *&,) &) +&.%2')&- % # )* '%,* % ***,''&)+2. # $' &% % *+" &# )*5% *+& ) + % %- )&%$ %++ +5*. #&$ % +&+ #) )&$$,% +0%- * +&)*4)&! +*+&*,''&)+ + *+" &# )*. ## %#, 3 - + *+ + +%$% +&.%2-&+ &) +&.%% *2% &,*&% # - ) % ) *&,) *% $')&- $ %+* &)+ ) 4 - )&$&+ &%& +&.%&$$ ) #* +&) - #&'$ %++ +*,''&)+**+)+ &%&$ )&.+ %) + *- )%+ %- )&%$ %+ %. +&.%,* % ** *%+ ) - 4 - ,''# $ %+ % + , +% %+ 0 % *+)+ ,% % &''&)+,% + *+&# - ) % % % + * ** **$ %+*&## + )&$0 )+&0 )4 - , # % ')+% )* '*% - #&' % *+)+ *+& %) * &$$,% +0')+ '+ &%2# )* ' %&&) %+ &%2 %#, % *' ##0')+% )* '*. + + +0& &)+&## %*2+ &)+&## %* &.%+&.% - #&'$ %+,+ &) +02%+ &.%+&.%&)+&## %*,* % ****& + &%4 - )&- % ,* % ***,''&)+ &) +&.%,* % ** *2* )- % *+ 6&% ) 7 &)##+ % * +&.%% #' % ,* % ** **, 0')&- % + $. + ,* ,#+&&#*%) *&,) *2 %#, % +)" % '&# *2+2%&+ ),* ,# % &)$+ &%4 - ' % + ) + #2) *+,)%+%&- )##*+&) )&%+ /' ) % % +&.%0 - #&' % % $'# $ %+ % *+)+ 0 &)*+) % + % % + & )&%+ )&,%# - #% % % % + / *+ % ,* % * *$ / % +&.% 4 . ## - #&'% # - ),% (, /' ) % + + %&,) *#&#*%- * +&)*+& /'#&) +&.%% *+# * *+)&% %+ +0 + + *) & % 1# % # +*+ *+ %+ - +&.%& )4)&! +*. ## %#, 3 - - #&'$ %+& %,+ %+ 2&$' ## % %# ))% &) +&.%+ +,% (, #0 %+ * +*& )%'&+ %+ #4 - )&, % +) + $)" + % %$ ** % +&+ &$$,% +0%- * +&)*4 - - #&' % 0 )9)&,%')& )$$ % 2 - %+*%+ - + *+ +). % - )* $& )' )&,'*+& /' ) % % /'#&) +&.%% - + $) *&%+&*+02 /'#&) %*' % $&% 0 %+ *+) +4 13.2 Packet Pg. 120 Attachment: Midtown BID Operating Plan (4612 : MID BID Setting Public Hearing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acket Pg. 119 Attachment: Midtown BID Operating Plan (4612 : MID BID Setting Public Hearing)