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COUNCIL - COMPLETE AGENDA - 05/15/2018 - COMPLETE AGENDA
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 Ken Summers, 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 Delynn Coldiron City Attorney City Manager City Clerk Regular Meeting May 15, 2018 (Amended 5/14/18) Persons wishing to display presentation materials using the City’s display equipment under the Citizen Participation portion of a meeting or during discussion of any Council item must provide any such materials to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2) hours prior to the beginning of the meeting at which the materials are to be presented. NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to election matters must be provided to the City Clerk no later than noon on the day of the meeting at which the item will be considered. See Council Rules of Conduct in Meetings for details. The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221- 6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring the week of May 7-15, 2018 as Public Service Recognition Week. B. Proclamation Declaring May as Older Americans Month. C. Proclamation Declaring May as Fort Collins Historic Preservation Month. City of Fort Collins Page 2 Regular Meeting 6:00 p.m. PLEDGE OF ALLEGIANCE Public Service Recognition Week - Recognition of 2018 City Employee Awards CALL MEETING TO ORDER ROLL CALL AGENDA REVIEW: CITY MANAGER City Manager Review of Agenda. Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items. 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 City of Fort Collins Page 3 Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. 1. Consideration and Approval of the Minutes of the April 17, 2018 Regular Council Meeting and the April 24, 2018 Adjourned Council Meeting. The purpose of this item is to approve the minutes from the April 17, 2018 Regular Council Meeting and the April 24, 2018 Adjourned Council Meeting. 2. Second Reading of Ordinance No. 059, 2018, Appropriating Prior Year Reserves for the Purpose of Providing Natural Areas Programming Not Included in the 2018 Adopted City Budget and Authorizing the Transfer of Appropriations from the Natural Areas Fund into the Capital Project Fund for the Whitewater Park Project. This Ordinance, unanimously adopted on First Reading on May 1, 2018, appropriates $10,000,000 in prior year reserves and unanticipated revenues in the Natural Areas Fund and to include a transfer of $273,812 to the Capital Projects Fund for the Whitewater Park project. These appropriations are for land conservation, restoration of wildlife habitat, a transfer of prior year reserves and commitments to fund restoration of the Poudre River at the Whitewater Park, as well as other Natural Area Department programs to benefit the citizens of Fort Collins. 3. Second Reading of Ordinance No. 060, 2018, Appropriating Unanticipated Grant Revenue in the Transportation Fund from the Colorado Department of Transportation and the BNSF Railway Foundation for the Safe Routes to School Program. This Ordinance, adopted on First Reading on May 1, 2018, appropriates $25,584 in unbudgeted funds received through two grants for the Safe Routes to School (SRTS) program (part of the City’s FC Moves Department). The Colorado Department of Transportation (CDOT) has awarded an $18,584 grant for acquisition of new equipment, and BNSF Railway Foundation has awarded a $7,000 grant for SRTS bike-pedestrian safety education in K-8 schools. This project requires a 20% local match for the CDOT grant ($4,646), which will be paid from a portion of the BNSF Railway Foundation grant. On Second Reading, the reference to “BNSF Railroad Foundation” has been changed to “BNSF Railway Foundation.” 4. Second Reading of Ordinance No. 061, 2018, Repealing and Reenacting Division 4 in Article IV of Chapter 2 of the Code of the City of Fort Collins Pertaining to the Fort Collins Urban Renewal Authority to Address Recent Changes in Colorado's Urban Renewal Law and Confirming the Appointment of Andy Smith to the Authority's Board of Commissioners. This Ordinance, unanimously adopted on First Reading on May 1, 2018, amends City Code (Code) to provide for an expanded Urban Renewal Authority (URA) Board following the requirements of state law associated with the creation of a new Urban Renewal Plan Area. More particularly, this item amends the Code to provide for an expanded URA Board that includes a county appointment, school district appointment, an appointment from among the special districts, and to restore the board to an City of Fort Collins Page 4 odd number, a mayoral appointment. Additionally, the Code will be amended to clarify that the county, school district and special district appointees are not subject to the City’s conflict of interest provisions, but are subject to the conflict of interest provisions that govern URAs as per state law. 5. Second Reading of Ordinance No. 064, 2018 Authorizing the Conveyance of Various Property Interests on City-Owned Property at Pelican Marsh Natural Area to Pedcor Investments LLC. This Ordinance, unanimously adopted on First Reading on May 1, 2018, authorizes the conveyance of one non-exclusive permanent drainage easement, one non-exclusive permanent slope easement and two temporary construction easements on Pelican Marsh Natural Area (Pelican Marsh) to Pedcor Investments LLC. (Pedcor). 6. Second Reading of Ordinance No. 065, 2018, Authorizing the Conveyance to the Colorado Department of Transportation of Various Property Interests on City-Owned Property at Arapaho Bend Natural Area. This Ordinance, adopted on First Reading on May 1, 2018, authorizes the conveyance of two permanent right-of-way easements, one temporary construction easement, and a triangle strip of land on Arapaho Bend Natural Area to the Colorado Department of Transportation (CDOT). 7. Items Relating to the Downtown Development Authority Line of Credit Finance for 2019-2024. A. Resolution 2018-046 Approving an Intergovernmental Agreement Between the City of Fort Collins and the Fort Collins Downtown Development Authority Governing the Use of a Line of Credit. B. First Reading of Ordinance No. 066, 2018, Authorizing the Establishment of a Revolving Line of Credit to be Paid Solely with Downtown Development Authority Tax Increment Funds for a Six- Year Period in the Amount of up to Five Million Dollars Per Draw to Finance Downtown Development Authority Projects and Programs in Accordance with the Downtown Development Authority Plan of Development and Approving Related Documents. The purpose of this item is to renew the current Line of Credit (LOC) established in 2012 by the City on behalf of the Downtown Development Authority (DDA), which is scheduled to expire at the end of 2018. The City and DDA began taking steps earlier this year to renew this debt instrument with First National Bank for another six-year term, as it will be needed by the DDA to execute its projects and programs beginning in budget year 2019. The Board of Directors of the Downtown Development Authority believes it would be financially beneficial for the DDA and the community as a whole to renew the Line of Credit with First National Bank for a six-year period through adoption of Ordinance No. 066, 2018. The Line of Credit will be used to finance DDA projects and programs. Adoption of Resolution 2018-046 will approve the Second Intergovernmental Agreement (IGA), which provides the process steps by which the City and DDA engage the LOC. 8. First Reading of Ordinance No. 067, 2018, Approving the Waiver of Certain Fees for the Oakridge Crossing Affordable Housing Project. The purpose of this item is to present an affordable housing fee waiver request for Oakridge Crossing and if granted, authorizing a refund of waived fees already paid. Oakridge Crossing, LLLP has requested that certain development and capital improvement expansion fees be waived for qualifying units at Oakridge Crossing, an affordable senior community. In March 2013, City Council limited the types of projects for which fee waivers may be requested and made these waivers discretionary. Eligible projects are those constructed for homeless or disabled persons, or for households whose income falls at or below 30% of the area median income of all City residents. Oakridge Crossing LLLP is requesting fee waivers in the amount of $90,923 for the 13 qualifying units at Oakridge Crossing. Council Finance Committee supports this request and suggested using funds from the Affordable Housing Capital Fund in the Community Capital Improvement Program fund for the refund. City of Fort Collins Page 5 9. First Reading of Ordinance No. 068, 2018, Designating the McMillan-Patterson Property, 121 North Grant Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. This item is to consider the request for landmark designation for the McMillen-Patterson Property, 121 North Grant Avenue, an excellent example of an Eastlake-style home from the late 1880s. 10. First Reading of Ordinance No. 063, 2018, Making Various Amendments to the City of Fort Collins Land Use Code. The purpose of this item is to adopt a variety of revisions, clarifications and additions to the Land Use Code that are generally housekeeping and routine in nature that have been identified since the last update in May 2017. 11. Resolution 2018-047 Supporting Consulting Services Related to Interstate 25 (I-25) Funding for Traffic Solution Efforts. The purpose of this item is to provide a Resolution of support for the Fix North I-25 Business Alliance’s efforts to seek timely improvements to the I-25 Corridor in Northern Colorado. This item supports Council Priority for I-25 funding; Strategic Plan Objectives: Transportation 6.1, 6.4; and Council legislative priority re: I-25 funding. 12. Resolution 2018-048 Authorizing the Assignment of the City's Private Activity Bond Allocation for 2018 to the Colorado Housing and Finance Authority and Housing Catalyst to Finance the Rehabilitation or Construction of Affordable Housing Units. The purpose of this item is to support two local affordable housing projects by assigning the City’s 2018 Private Activity Bond allocation. 13. Resolution 2018-049 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. 14. Resolution 2018-050 Making Appointments to the Affordable Housing Board, Golf Board, Parks and Recreation Board and Youth Advisory Board of the City of Fort Collins. The purpose of this item is to appoint Rachel Auldridge to fill a vacancy on the Affordable Housing Board due to the resignation of Eloise Emery. Appoint Bob Pawlikowski to the Golf Board due to the resignation of Ashley Gruber. Appoint Robert Kingsbury to the Parks and Recreation Board due to the resignation of Kenneth Layton. Appoint Sam Hammock, Suhaas Narayanan, and Kaustubh Kaushik to the Youth Advisory Board due to resignations from Roshini Narayanan and Betsy Pruznick and term expiration of Nela Mohan. In December 2017, Councilmembers Bob Overbeck and Ken Summers interviewed applicants for the Affordable Housing Board; Councilmembers Ken Summers and Kristin Stephen interviewed applicants for the Parks and Recreation Board from a pool of candidates solicited during the fall of 2017. Recommendations for appointments were made and several applicants were identified for any future vacancies. On May 9, 2018 Councilmembers Ray Martinez and Bob Overbeck conducted interviews for the Golf Board and the Youth Advisory Board from applications received during the first quarter of 2018. END CONSENT City of Fort Collins Page 6 CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. STAFF REPORTS A. Fix North I-25 Business Alliance (staff: Chad Crager) B. Development Review Process Enhancements (staff: Jeff Mihelich) C. Urban Renewal Authority Update (staff: Josh Birks) COUNCILMEMBER REPORTS CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (three minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 15. Resolution 2018-051 Amending the West Nile Virus Management Policy and Providing Direction to the City Manager Regarding Implementation of the Policy. (Staff: Mike Calhoon; 5-minute staff presentation: 45-minute discussion) The purpose of this item is to adopt enhancements to the West Nile Virus Management Program. Staff is presenting three options for Council consideration; the first two options would update the West Nile Virus (WNV) Management Policy, and the final option maintains the status quo. The program changes being offered propose changes to the program response guidelines (operational practices) as they relate to the vector index requirement and human case requirement threshold. 16. Resolution 2018-052 Authorizing the Execution of a Funding Agreement Between the City and the Housing Authority for a Loan of Funds from the Affordable Housing Capital Fund for Mason Place. (Staff: Beth Sowder, Jackie Kozak-Thiel; 15-minute staff presentation: 30-minute discussion) The purpose of this item is to consider a resolution authorizing the execution of a funding agreement between the City of Fort Collins and Fort Collins Housing Authority (doing business as Housing Catalyst) for a loan of funds from the Affordable Housing Capital Fund (specific fund within the Community Capital Improvement Program) for the construction of Mason Place, a permanent supportive housing development. The funding amount requested is $876,662, to assist with the remaining funding gap prior to application for Low Income Housing Tax Credits which, along with City of Fort Collins Page 7 mortgage debt, will provide the majority of the funding needed for the project. The proposed agreement will be subject to future appropriation by the City Council. CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS OTHER BUSINESS A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.) ADJOURNMENT A. Consideration of a motion to adjourn to 6:00 p.m., Tuesday, May 22, 2018 to discuss the City’s involvement in Colorado Oil and Gas Conservation Commission v. Martinez. 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, residents of Fort Collins and the nation are served every single day by public servants at the federal, state, county and city levels who work to keeps our nation, counties, and cities working; and WHEREAS, many public servants, including military personnel, police officers, and firefighters risk their lives in service; public servants also include teachers, scientists, and municipal employees; and WHEREAS, the City of Fort Collins organization has over 2000 employees providing quality and necessary services desired by our residents; and WHEREAS, these services range in diversity from critical infrastructure to sustainability to quality of life programs designed to meet outcomes and goals in our Strategic Plan; and WHEREAS, these public servants perform with passion, efficiency, integrity, pride and a commitment to the City’s Mission, Vision, and Values; and WHEREAS, City employees strive to do their jobs well and provide outstanding customer service and be trustworthy stewards of the community; and WHEREAS, without these public servants Fort Collins would be a very different place. NOW, THEREFORE, I, Gerry Horak, Mayor Pro-Tem of the City of Fort Collins, do hereby proclaim the week of May 7-15, 2018, as PUBLIC SERVICE RECOGNITION WEEK in Fort Collins to recognize the dedicated, good work of public servants throughout our community and in the City organization. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 15th day of May, A.D. 2018. ___________________________________ Mayor Pro-Tem ATTEST: _________________________________ City Clerk Packet Pg. 8 PROCLAMATION WHEREAS, the City of Fort Collins includes a community of older Americans who deserve recognition for their contributions to our nation; and WHEREAS, the City of Fort Collins recognizes that older adults are trailblazers, advocating for themselves, their peers, and their communities and paving the way for future generations; and WHEREAS, the City of Fort is committed to raising awareness about issues facing older Americans and helping all individuals to thrive in communities of their choice for as long as possible; and WHEREAS, we appreciate the value of inclusion and support in helping older adults successfully contribute to and benefit from their communities; and WHEREAS, our community can provide opportunities to enrich lives of individuals of all ages by promoting and engaging in activity, wellness, and social involvement, emphasizing home- and community-based services that support independent living and ensuring community members can benefit from the contributions and experience of older adults. NOW THEREFORE, I, Gerry Horak, Mayor Pro-Tem of the City of Fort Collins, do hereby proclaim May 2018 to be OLDER AMERICANS MONTH and urge every resident to take time this month to acknowledge older adults and the people who serve them as powerful and vital individuals who greatly contribute to our community. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 15th day of May, A.D. 2018. __________________________________ Mayor Pro-Tem ATTEST: _________________________________ City Clerk Packet Pg. 9 PROCLAMATION WHEREAS, the preservation of Fort Collins’ heritage and sense of place are relevant to all citizens of our great city; and WHEREAS, historic preservation forms the keystone of a viable and sustainable city, by preserving our sense of place, strengthening our economy, and renewing our existing resources; and WHEREAS, it is important to recognize and celebrate Fort Collins’ irreplaceable past, and to preserve the many tangible aspects of our history that have shaped us as a community; and WHEREAS, “Investing in our Future by Preserving our Past” is the theme for Fort Collins’ Historic Preservation Month 2018, to remind us that our historic buildings and resources are essential to the economic, social and environmental wellbeing of our community both present and future. NOW, THEREFORE, I, Gerry Horak, Mayor Pro Tem of the City of Fort Collins, do hereby proclaim the month of May 2018 as FORT COLLINS HISTORIC PRESERVATION MONTH and call upon the citizens of Fort Collins to join in recognizing and participating in the preservation of our heritage. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 15 th day of May, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _________________________________ City Clerk Packet Pg. 10 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY May 15, 2018 City Council STAFF Delynn Coldiron, City Clerk SUBJECT Consideration and Approval of the Minutes of the April 17, 2018 Regular Council Meeting and the April 24, 2018 Adjourned Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the April 17, 2018 Regular Council Meeting and the April 24, 2018 Adjourned Council Meeting. ATTACHMENTS 1. April 17, 2018 (PDF) 2. April 24, 2018 (PDF) 1 Packet Pg. 11 City of Fort Collins Page 218 April 17, 2018 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated Item No. 12, Resolution 2018-040 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Landmark Preservation Commission’s Decision that 2601 South College Avenue is Eligible for Fort Collins Landmark Designation, has been moved to the Discussion Agenda, and recommended postponing Item No. 14, Second Reading of Ordinance No. 047, 2018, Appropriating Prior Year Reserves in the Transportation Capital Expansion Fee Fund and the Transportation Fund and Authorizing the Transfer of Appropriations from the Transportation Capital Expansion Fee Fund and the Transportation Fund into the Capital Project Fund for the East Prospect Road Improvements Project and Transferring Appropriations from the Capital Project Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program, indefinitely. He also recommended adjourning this meeting to next Tuesday to consider Item No. 15, Items Relating to the Appropriation From Light and Power/Broadband Fund Debt Proceeds and Other Funds Related to the Broadband Project. Eric Sutherland withdrew Item Nos. 8, Items Related to Income Qualified Assistance Programs, and 11, Resolution 2018-037 Authorizing Addendums to Extend the Terms of the Intergovernmental Agreements Between the City and Poudre School District and the City and Thompson School District Pertaining to the Land Dedication and In-Lieu Fee Requirements Contained in Such Agreements, from the Consent Agenda. • CITIZEN PARTICIPATION Wes Kenny, Fort Collins Symphony Maestro, announced the Symphony’s pops concert at Timberline Church. He introduced Tom Bittinger, bassoonist, who played a piece from Vivaldi. Kaitlyn Young opposed the U+2 Ordinance and noted other Ordinances exist to address property maintenance concerns. Hanna Johnson, ASCSU, supported Item No. 8, Items Related to Income Qualified Assistance Programs. Stephen Sorenson, Cultural Resources Board Chair, thanked Council and the City Manager for productive discussions related to Art in Public Places. Adam Lovell discussed the U+2 Ordinance and stated there is overwhelming support for its repeal. Beth Bruno, A Face to Reframe, discussed anti-human trafficking efforts. Megan Lundstrom, Free Our Girls, discussed sex trafficking. 1.1 Packet Pg. 12 Attachment: April 17, 2018 (6783 : Minutes-4/17, 4/24) April 17, 2018 City of Fort Collins Page 219 Chris Bruno, Restoration Counseling Center, discussed sex trafficking. Eric Sutherland discussed time-of-use utility rates. Lynn Nichols, No Pipe Dream, stated her organization is advocating for the City of Thornton to let its water flow through town via the Poudre River. Charmaine Stavedahl opposed Thornton’s plan to build a system of pipelines to divert its water prior to its flow through Fort Collins. Gary Wockner, Save the Poudre, discussed the plans for NISP and Thornton to take water out of the Poudre upstream of Fort Collins. Karen Wagner opposed allowing Thornton to divert water from the Poudre River upstream of Fort Collins. Dave Zick stated he is currently homeless and discussed a Fort Collins ordinance that technically makes it illegal to breathe in Fort Collins. R. Warren Limnenen opposed allowing Thornton to divert water from the Poudre River upstream of Fort Collins. • CITIZEN PARTICIPATION FOLLOW-UP Mayor Troxell summarized the citizen comments. Councilmember Cunniff responded to Ms. Young, noting the U+2 study is not being run by him; therefore, his opinions will not affect its outcome. He also noted his stance on the issue was a key part of his reelection campaign. Councilmember Martinez thanked the speakers who discussed human and sex trafficking for their work. He asked about Fort Collins’ sphere of influence related to the Thornton pipelines. Councilmember Overbeck thanked the speakers and requested information regarding Fort Collins’ sphere of influence related to the Thornton pipelines. Mayor Pro Tem Horak stated no municipality takes water from anywhere other than the mouth of the canyon and noted members of Council and the management team have met with Thornton. Councilmember Cunniff noted Fort Collins continues to be in talks with Thornton. Mayor Pro Tem Horak stated Fort Collins is working to increase the river flows and Thornton is a partner to those efforts. Councilmember Stephens stated there are groups working on augmenting the river flows and substantive work is being done. • CONSENT CALENDAR 1.1 Packet Pg. 13 Attachment: April 17, 2018 (6783 : Minutes-4/17, 4/24) April 17, 2018 City of Fort Collins Page 220 Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak 1. Consideration and Approval of the Minutes of the March 6, March 20 and April 3, 2018 Regular Council Meetings. (Adopted) The purpose of this item is to approve the minutes from the March 6, March 20 and April 3, 2018, Regular Council meetings. 2. Second Reading of Ordinance No. 046, 2018, Reappropriating Funds Previously Appropriated in 2017 But Not Expended and Not Encumbered in 2017. (Adopted) This Ordinance, unanimously adopted on First Reading on April 3, 2018, reappropriates monies in 2018 that were previously authorized by City Council for various expenditures in 2017. The authorized expenditures were not spent or could not be encumbered in 2017 because: • there was not sufficient time to complete bidding in 2017 and therefore, there was no known vendor or binding contract as required to expend or encumber the monies, • the project for which the dollars were originally appropriated by Council could not be completed during 2017 and reappropriation of those dollars is necessary for completion of the project in 2018, or • the funds appropriated in 2017 for certain ongoing programs, services, and facility improvements remained unspent at the end of 2017 for the various reasons discussed below, but continue to be needed in 2018 for these programs, services and facility improvements. In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund balances at the end of 2017 and reflect no change in Council policies. 3. Second Reading of Ordinance No. 048, 2018, Appropriating Prior Year Reserves in the Transportation Capital Expansion Fee Fund and the Transportation Fund and Authorizing the Transfer of Appropriations from the Transportation Capital Expansion Fee Fund and the Transportation Fund into the Capital Project Fund for the South Timberline Road Improvements Project and Transferring Appropriations from the Capital Project Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program. (Adopted) This Ordinance, unanimously adopted on First Reading on April 3, 2018, appropriates $549,496 into the Capital Project Fund for the South Timberline Road Improvement Project. This funding will be used to initiate the design for the project. In addition, this item will authorize the transfer of $5,495, one percent of the appropriated funds, from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places. This project will reconstruct South Timberline Road from Stetson Creek Drive to Trilby Road to the City’s four lane arterial roadway standard. 4. Second Reading of Ordinance No. 049, 2018, Appropriating Prior Year Reserves in the Utility Customer Service and Administration Fund for Cyber Security and System Enhancements for the Utilities Customer Information System. (Adopted) This Ordinance, unanimously adopted on First Reading on April 3, 2018, funds security improvements identified in a 2017 assessment of the Utilities customer information system. This system is the Utilities’ primary tool for processing about $200 million in revenue annually, and it supports multiple critical integrated systems that Utilities relies on for daily operations in the delivery of accurate billing. Given 1.1 Packet Pg. 14 Attachment: April 17, 2018 (6783 : Minutes-4/17, 4/24) April 17, 2018 City of Fort Collins Page 221 the expected lifespan of the system, it is crucial that it is protected and supported until a new billing system is implemented. 5. Second Reading of Ordinance No. 050, 2018, Appropriating Unanticipated Grant Revenue in the Light and Power Fund for the Peak Notification Pilot Project. (Adopted) This Ordinance, unanimously adopted on First Reading on April 3, 2018, appropriates $18,500 in grant revenues from the American Public Power Association into the Fort Collins Utilities Light and Power Operations fund to pilot a peak load notification project. This pilot project will be internal to the City of Fort Collins. It will educate staff members from various departments about coincident peak and provide tools to help City staff conserve power during peak events. 6. Second Reading of Ordinance No. 051, 2018, Amending Chapter 26 of the Code of the City of Fort Collins Regarding Reimbursement Agreements for the Construction of Water and Sewer Mains. (Adopted) This Ordinance, unanimously adopted on First Reading on April 3, 2018, amends City Code sections related to reimbursement agreements for the construction of water and sewer mains. These sections of Code define requirements by which private parties may seek reimbursement from adjacent property owners for installation of public water and sewer infrastructure. As written, the Code language applies to greenfield development, which is growing less common in Fort Collins. The proposed Code changes would make the reimbursement agreements also applicable to infill, redevelopment, and existing development and thus be more useful to the City and developers. 7. First Reading of Ordinance No. 052, 2018, Appropriating Prior Year Reserves and Unanticipated Revenue in the General Fund for Cultural Development and Programming Activities, Tourism Programming, and Convention and Visitor Program Services. (Adopted) The purpose of this item is to appropriate $482,841, of which $242,389 is proposed for 2018 Cultural Development and Programming Activities (Fort Fund), $26,873 is proposed for 2018 Tourism Programming (Fort Fund), and $213,579 is proposed for 2018 Convention and Visitors Program activities, from a combination of unanticipated revenue (Lodging Tax) and prior year reserves (unspent appropriations) in the General Fund Lodging Tax Reserves. Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and Tourism programming activities. Anticipated revenue is projected through each Budgeting for Outcomes (BFO) cycle and then adjusted annually as needed based on actual collections. Lodging tax revenue collected in 2017 was $237,967 above projected collections. 8. First Reading of Ordinance No. 055, 2018, Authorizing the Release of a Restrictive Convenant on Property at the Colony at Rigden Farm. (Adopted) The purpose of this item is to authorize the release of a restrictive covenant for affordable home ownership on a property's title because the property developed into market rate rental housing. The project contemplated by the covenant was not built and no affordable housing incentives were provided to the developer. 9. Resolution 2018-036 Finding Substantial Compliance and Initiating Annexation Proceedings for the Aweida Annexation. (Adopted) The purpose of this item is to determine substantial compliance and initiate annexation proceedings for the Aweida Annexation. The Aweida Annexation brings one property and the abutting arterial street right-of-way totaling 0.862 acres, located on the southwest corner of the South Taft Hill Road and W CR 38 E intersection, into Fort Collins’ municipal boundaries. No project development plan proposal was submitted in conjunction with the annexation application. The requested zoning for this annexation is Low Density Mixed-Use Neighborhood (L-M-N). 1.1 Packet Pg. 15 Attachment: April 17, 2018 (6783 : Minutes-4/17, 4/24) April 17, 2018 City of Fort Collins Page 222 The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances; not less than thirty days of prior notice is required by State law. Pursuant to § 31-12-108, C.R.S., if the annexation petition is in substantial compliance with the requirements of § 31-12-107, C.R.S., Council is required to adopt a resolution finding substantial compliance and setting a hearing. The proposed zoning of a property to be annexed is not a requirement under § 31-12-107, C.R.S., and discussion of zoning issues should be reserved for the zoning review that will occur concurrent to the first reading for the annexation. 10. Resolution 2018-038 Appointing Julie Pignataro to the Citizen Review Board of the City of Fort Collins. (Adopted) The purpose of this item is to appoint Julie Pignataro to fill a vacancy on the Citizen Review Board due to the resignation of Pranaya Sathe, whose term was set to expire on December 31, 2018. In January 2018, City Manager Darin Atteberry, Mayor Troxell, and Councilmember Ray Martinez interviewed applicants solicited in the fall of 2017 and identified Ms. Pignataro as an alternate if a vacancy arose during the year. • END CONSENT • STAFF REPORTS City Manager Atteberry stated members of the City’s Youth Advisory Board attended the National League of Cities conference in Washington, D.C. Milan Khosla, Katie Ko, Joel Warne, and Megan Ronquillo, Youth Advisory Boardmembers, discussed their experience at the National League of Cities conference. Specifically, they focused on transportation issues and noted the free bus transportation offered to students is unusual. They discussed work force equity as well. Councilmember Martinez encouraged the Boardmembers to give this presentation to the Poudre School District Board. • COUNCILMEMBER REPORTS Councilmember Overbeck reported on a visit from the Northern Arapaho Youth Group from the Wind River Indian Reservation. Councilmember Cunniff reported on a meeting with the Federal Railroad Administration and meetings with Senators Gardner and Bennett. Mayor Troxell reported on the Baldridge Award ceremony. Councilmember Summers congratulated City Manager Atteberry and staff on receiving the Baldridge Award. Mayor Pro Tem Horak reported on the meeting with the Federal Railroad Administration and discussed the Regional Air Quality Council’s recent meeting. 1.1 Packet Pg. 16 Attachment: April 17, 2018 (6783 : Minutes-4/17, 4/24) April 17, 2018 City of Fort Collins Page 223 • CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 11. Resolution 2018-040 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Landmark Preservation Commission’s Decision that 2601 South College Avenue is Eligible for Fort Collins Landmark Designation. (Adopted) The purpose of this item is to make findings of fact and conclusions of law regarding the appeal of the Landmark Preservation Commission’s decision to uphold the eligibility of 2601 South College Avenue for Fort Collins landmark designation. The appeal was heard by City Council on April 3, 2018. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Resolution 2018-040. Councilmember Cunniff stated he would not support the motion as he disagrees with the decision and conclusions. RESULT: RESOLUTION 2018-040 ADOPTED [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Horak NAYS: Cunniff • DISCUSSION ITEMS 12. Second Reading of Ordinance No. 047, 2018, Appropriating Prior Year Reserves in the Transportation Capital Expansion Fee Fund and the Transportation Fund and Authorizing the Transfer of Appropriations from the Transportation Capital Expansion Fee Fund and the Transportation Fund into the Capital Project Fund for the East Prospect Road Improvements Project and Transferring Appropriations from the Capital Project Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program. (Postponed Indefinitely) This Ordinance, adopted on First Reading on April 3, 2018 by a vote of 6-1 (Nays: Cunniff) appropriates $600,000 into the Capital Project Fund for the East Prospect Road Improvements Project. In addition, this item will authorize the transfer of $6,000, one percent of the appropriated funds, from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places. This project will reconstruct East Prospect Road as a four-lane arterial roadway from Sharp Point Drive to Interstate-25 (I-25) western frontage road as identified on the City’s Master Street Plan. This project will complement the Colorado Department of Transportation’s (CDOT) I-25 and Prospect Road Interchange improvements planned to begin construction in 2019. Appropriated funds will enable the initiation of the design process for the project. Construction funds have not yet been identified. Staff anticipates an overall project budget of $4,000,000 and an anticipated construction start date of 2020. Staff anticipates the completion of both projects in 2021. As requested at the April 3, 2018 Council Meeting, staff will present the project to the Council Finance Committee on April 16, 2018. Staff will provide a memo to Council summarizing the discussion prior to the April 17, 2018 Council Meeting. Eric Sutherland questioned how many times a taxing district smaller than a parcel of land has existed. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to postpone Second Reading of Ordinance No. 047, 2018, indefinitely. 1.1 Packet Pg. 17 Attachment: April 17, 2018 (6783 : Minutes-4/17, 4/24) April 17, 2018 City of Fort Collins Page 224 RESULT: ORDINANCE NO. 047, 2018, POSTPONED INDEFINITELY [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak 13. Items Relating to the Appropriation From Light and Power/Broadband Fund Debt Proceeds and Other Funds Related to the Broadband Project. (Withdrawn) A. First Reading of Ordinance No. 056, 2018, Appropriating Bond Proceeds from the Issuance of 2018 Electric Utility Enterprise Revenue Bonds for Capital, Operating and Debt Service Expenditures Associated with the Construction of a Broadband System to Provide Telecommunication Facilities and Services to Customers Within Fort Collins and Excepting This Appropriation from the City Code’s Art In Public Places Requirement. B. First Reading of Ordinance No. 057, 2018, Appropriating Funds from the Light and Power Fund to Defease the City of Fort Collins, Colorado, Electric Utility Enterprise Taxable Revenue Bonds Series 2010B. The purpose of this item is to appropriate (1) bond proceeds for the construction of a municipal broadband system and (2) Light & Power reserves for the defeasance of outstanding debt. The issuance and defeasance were authorized by the Electric Utility Enterprise Board Ordinances No. 003 and No. 004, respectively. This agenda item is consistent with Strategic Objective 3.9 from the 2016 Strategic Plan: Encourage the development of reliable, high speed internet services throughout the community. RESULT: WITHDRAWN 14. Resolution 2018-039 Adopting the City of Fort Collins 2018 Strategic Plan. (Adopted) The purpose of this item is to request City Council’s approval of the City of Fort Collins 2018 Strategic Plan. Council reviewed the City’s draft 2018 Strategic Plan at a meeting on March 3, 2018. Staff incorporated the input provided by Council into the final version sent to Council on April 12, 2018. The 2018 Strategic Plan document is an integral input to the City’s Budgeting for Outcomes (BFO) process. As was done in 2016, Council has asked to formally adopt the 2018 Strategic Plan. It reflects the City’s Strategic Objectives, priorities and focus over the next 3-5 years and is used as a foundation document within other efforts across the City. Mike Beckstead, Chief Financial Officer, stated the community input into the Strategic Plan has been critical and thanked staff members who have worked on the Plan. He noted the Strategic Plan sets the stage for the operating and budget plans that will ultimately be adopted. Lawrence Pollack, Budget Director, discussed the biannual budget process and means of community input for the Strategic Plan. He detailed the process of outcomes, objectives, and metrics. Councilmember Stephens requested the ways citizens can provide input into the budgeting process. Pollack replied the best place is on the City’s website. Public events will be also held. Councilmember Overbeck discussed the need for being more intentional about the Nature in the City experience for residents with hearing or visual impairments. He also requested information related to the inclusion of community policing language. Pollack replied some terms will be updated to reflect Council’s suggestions. 1.1 Packet Pg. 18 Attachment: April 17, 2018 (6783 : Minutes-4/17, 4/24) April 17, 2018 City of Fort Collins Page 225 Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Resolution 2018-039. Councilmember Cunniff commended staff’s work on the Plan. Mayor Troxell discussed the budgeting process and noted the Strategic Plan is an important component of that process. Councilmember Overbeck thanked staff for their work. Councilmember Stephens encouraged members of the public to stay involved in the process. City Attorney Daggett outlined the changes: an edit to the title of strategic objective 4.3, an insertion to the second bullet of strategic objective 4.8, an insertion in the 3 rd paragraph of the introduction for safe communities, and an insertion to the final bullet of strategic objective 5.2. Mayor Pro Tem Horak and Councilmember Overbeck accepted the changes. RESULT: RESOLUTION 2018-039 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak 15. First Reading of Ordinance No. 058, 2018, Appropriating Prior Year Reserves in the General Fund and the Fort Collins Urban Renewal Authority Fund and Authorizing the Transfer of Appropriations from the General Fund and the Fort Collins Urban Renewal Authority Fund into the Capital Project Fund for the Poudre River Whitewater Park Project and Transferring Appropriations from the Capital Project Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program and Transferring Appropriations in the Storm Drainage Fund from the Boxelder Creek Outfall Project and the Remington Street Outfall Project to the Capital Project Fund for the Poudre River Whitewater Park Project. (Adopted on First Reading) The purpose of this item is to appropriate additional funding for the Poudre River Whitewater Park project. The Whitewater Park will be located south of Vine Drive between College Avenue and the BNSF Railroad. Design and permitting for the project are nearly complete, with construction anticipated to begin Summer 2018, and the project complete in Summer 2019. There is sufficient funding available for a minimum, base project. To realize the full vision of the project, as outlined in the 2014 Poudre River Downtown Master Plan, approximately $2M of additional funds are needed. Kurt Friesen, Director of Park Planning, discussed the project site and stated the project is ready to move into the implementation phase this summer. The bulk of the project funding comes from the Community Capital Improvement Program, with additional funding from Natural Areas, Stormwater, and the General Fund among others. Friesen also discussed the $2 million in additional funding needed for project enhancements. This appropriation request is for $1.5 million, a portion of which goes toward Art in Public Places. With an additional $500,000 from philanthropic sources, the total would fund those project enhancements. Eric Sutherland questioned where the Urban Renewal Authority borrowed the $300,000 being applied to this project. Rich Stave questioned the focus for the project and stated it is upside down in terms of cost versus benefit. 1.1 Packet Pg. 19 Attachment: April 17, 2018 (6783 : Minutes-4/17, 4/24) April 17, 2018 City of Fort Collins Page 226 City Manager Atteberry requested Deputy City Manager Mihelich address Council on the boards and commissions process to this point. Deputy City Manager Mihelich stated staff provided presentations to all the boards and commissions requested by Council and there was unanimous support for the project and additional enhancements from the Parks and Recreation Board, North College Citizen Advisory Board, the Commission on Disabilities, and the Natural Resources Advisory Board. The Water Board and Land Conservation and Stewardship Board recommended approval with 5-2 votes. Councilmember Cunniff asked why the park is being addressed as a whitewater park when the ballot language addressed it as a kayak park. Mihelich replied the whitewater park provides less limiting language given other modes of transportation could be used. Councilmember Cunniff requested an update on the philanthropic funding. Mihelich replied the original support noted in the ballot measure was $1.5 million of private donations. The additional improvements added another $500,000 for a total dedication of private resources of $2 million for the project. Currently, the funding is short $500,000 from the base phase and $500,000 from the additional improvements; however, the ballot language requires the initial $1.5 million to be in hand prior to construction beginning. Councilmember Cunniff asked why lights must be pole lights. Friesen replied that is the most efficient means of lighting an area and stated the proposed fixtures are cut-off fixtures which eliminate light spillover. City Manager Atteberry stated this project provides a unique opportunity to explore an urban/natural area interface park and assured Council lighting is critical and will be carefully examined. Councilmember Cunniff asked about funding for park refresh needs. Friesen replied a pilot is underway at City Park at this time; therefore, a specific dollar amount has yet to be determined, but it is likely in the millions. Councilmember Cunniff questioned what the $500,000 for this project could do in terms of park refresh. Councilmember Martinez asked if the ballot language referencing a ‘kayak park’ requires the City to keep that title. City Attorney Daggett replied the project is described as “downtown Poudre River enhancements and kayak park,” “whitewater kayak park with viewing/picnic areas, adds a pedestrian bridge over the river, improves access to the river, and enhances the river’s habitat and beauty.” Given the term “whitewater” is used in the description, there is some flexibility in terms of the project’s working title. Councilmember Martinez stated lighting is important from a public safety component and asked if security cameras are incorporated. Friesen replied staff is in talks with the Police Department right now and an emergency call station is being considered. The budget already includes funding for security. Councilmember Stephens asked if restrooms are planned for this area. Friesen replied a restroom is planned in a future phase; however, it is not funded as part of the base project or considered one of the optional features. FEMA needs to remap the area prior to a building being added. 1.1 Packet Pg. 20 Attachment: April 17, 2018 (6783 : Minutes-4/17, 4/24) April 17, 2018 City of Fort Collins Page 227 Councilmember Overbeck asked about the impact of lighting on wildlife. Friesen replied the lighting will turn off at 11:00 PM; therefore, they will be off during the majority of wildlife movement time. Councilmember Cunniff asked why a bridge is considered an optional element given its inclusion in the ballot language. Friesen replied that is budget-driven and the bridge will not be included unless the optional funding is provided. Councilmember Cunniff expressed concern the bridge has been considered optional given it was part of the ballot language. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 058, 2018, on First Reading. Councilmember Cunniff stated it is important to honor the will of voters and build the project, including the bridge. He expressed concern with the $500,000 allocation from the General Fund and stated it would be more appropriately placed in the BFO process. Mayor Pro Tem Horak stated he would support the motion; however, he expressed concern restrooms are not included. Councilmember Stephens agreed the restrooms should be included, even if they are portable initially. She thanked the private funders and stated she would support the motion. Councilmember Martinez commended the park design and requested restrooms include an accessible changing table. Mayor Troxell stated he would support the motion and discussed the enhancements and improvements this project will provide. RESULT: ORDINANCE NO. 058, 2018, ADOPTED ON FIRST READING [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Horak NAYS: Cunniff (Secretary's Note: The Council took a brief recess at this point in the meeting.) • CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 16. Items Related to Income Qualified Assistance Programs. (Adopted) A. First Reading of Ordinance No. 053, 2018, Amending Chapter 26 of the Code of the City of Fort Collins to Change the Name of Time-of-Use Electric Rates to Time-of-Day Electric Rates. B. First Reading of Ordinance No. 054, 2018, Amending Chapter 26 of the Code of the City of Fort Collins to Adopt Discounts Applicable to Water, Wastewater and Electric Rates, Fees and Charges Applied Under an Income Qualified Assistance Program. 1.1 Packet Pg. 21 Attachment: April 17, 2018 (6783 : Minutes-4/17, 4/24) April 17, 2018 City of Fort Collins Page 228 The purpose of Ordinance No. 053, 2018, is to change the name for the electric service rates that will go into effect on October 1, 2018, from “time-of-use” to “time-of-day” to better identify how the rates will be applied to different times during the day. The purpose of Ordinance No. 054, 2018, is to bring forward an ordinance to implement an Income- Qualified Assistance Program (IQAP), formerly referred to as the income-qualified rate (IQR). For qualified customers who “opt-in”, this program will initially provide a 23% discount on specified rate components for electric, water and wastewater services on a customer’s monthly bill. Utilities will qualify customers through the Low-income Energy Assistance Program (LEAP), which uses an income threshold of 165% of the Federal Poverty Level (FPL). The IQAP will have a three-year phased approach to provide data to City Council that demonstrates reasonable bill affordability and presents long-term recommendations on participation criteria, including whether a specific level of dwelling improvements in participants’ homes may (or may not) eliminate the need for payment assistance, or support removal of participants from the program. The IQAP will be rolled out in October 2018, in conjunction with time-of-day (TOD) (formerly referred to as “time-of-use” [TOU]) rates for residential customers, as approved by Council in November 2017. Eric Sutherland discussed the amount of power coming off the wind grid and the timing of signals to reduce energy consumption. He questioned why time-of-use rates are not applicable to business customers. Alan Braslau, Energy Boardmember, supported this item. He stated it is important to point out that continual reasonable progressive rate increases are necessary in order to have reasonable management of an electric system; however, the question of affordability is also important. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 053, 2018, on First Reading. RESULT: ORDINANCE NO. 053, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 054, 2018, on First Reading. Councilmember Cunniff commended the work on the item. Councilmember Stephens thanked fellow Councilmembers and staff for support of this program. She requested staff input as to roll-out outreach. Lisa Rosintoski, Utilities, replied that a campaign launch is planned for early May. The transition has already been communicated through the City’s website, social media, and bill inserts. Councilmember Martinez asked if the income-qualified assistance program will be managed through the LEAP program. Rosintoski replied in the affirmative and stated one-on-one assistance will be provided as needed. Mayor Pro Tem Horak requested some additional information related to outreach prior to Second Reading. He encouraged the formation of a “one-stop shop” type program for qualifying individuals given not all qualified individuals are in LEAP. 1.1 Packet Pg. 22 Attachment: April 17, 2018 (6783 : Minutes-4/17, 4/24) April 17, 2018 City of Fort Collins Page 229 RESULT: ORDINANCE NO. 054, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak 17. Resolution 2018-037 Authorizing Addendums to Extend the Terms of the Intergovernmental Agreements Between the City and Poudre School District and the City and Thompson School District Pertaining to the Land Dedication and In-Lieu Fee Requirements Contained in Such Agreements. (Adopted) The purpose of this item is to extend the terms of the Poudre School District and the Thompson School District Intergovernmental Agreements concerning land dedications or payments in-lieu for school purposes through December 31, 2018. Eric Sutherland stated this item postpones amending a 20-year-old problematic agreement and discussed school funding. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Resolution 2018-037. RESULT: RESOLUTION 2018-037 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak • OTHER BUSINESS Mayor Pro Tem Horak discussed the receipt of the City of Loveland’s support of the lobbying efforts for I-25 expansion. He requested and received Council support to include I-25 funding in future budget offers. Mayor Pro Tem Horak suggested staff examine guidelines for Council agenda placement, conflicts of interest, et cetera. Councilmember Cunniff requested a follow-up report on maintenance plans for Art in Public Places installations. • ADJOURNMENT Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adjourn to 6:00 PM, Tuesday, April 24, for the purpose of considering electric utility appropriations ordinances related to broadband and such other business as may come before the Council. The meeting adjourned at 9:02 PM. ______________________________ ATTEST: Mayor ________________________________ City Clerk 1.1 Packet Pg. 23 Attachment: April 17, 2018 (6783 : Minutes-4/17, 4/24) City of Fort Collins Page 230 April 24, 2018 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting – 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak Staff present: Atteberry, Daggett, Coldiron 1. Items Relating to the Appropriation From Light and Power/Broadband Fund Debt Proceeds and Other Funds Related to the Broadband Project. (Adopted on First Reading) This item was originally scheduled for April 17 and was moved to April 24 to allow the Mayor and City Manager an opportunity to discuss funding for Art in Public Places (APP), timing, and process concerns with impacted stakeholders. Funding for APP is included in the ordinance below and will be finalized upon a review of the APP guidelines and process to occur by the end of 2018. Both the amount borrowed and amount appropriated have been increased to cover the additional funding requirement. A. First Reading of Ordinance No. 056, 2018, Appropriating Proceeds from the Issuance of 2018 Electric Utility Enterprise Revenue Bonds for Capital, Operating, Debt Service and Art in Public Places Expenditures Associated with the Construction of a Broadband System to Provide Telecommunication Facilities and Services to Customers Within Fort Collins in the Light and Power Fund and Transferring Appropriations from the Light and power Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program. B. First Reading of Ordinance No. 057, 2018, Appropriating Funds from the Light and Power Fund to Defease the City of Fort Collins, Colorado, Electric Utility Enterprise Taxable Revenue Bonds Series 2010B. The purpose of this item is to appropriate (1) bond proceeds for the construction of a municipal broadband system and (2) Light & Power reserves for the defeasance of outstanding debt. The issuance and defeasance were authorized by the Electric Utility Enterprise Board Ordinances No. 003 and No. 004, respectively. This agenda item is consistent with Strategic Objective 3.9 from the 2016 Strategic Plan: Encourage the development of reliable, high speed internet services throughout the community. Mike Beckstead, Chief Financial Officer, stated this item will appropriate the proceeds from the Electric Utility Enterprise bond issuance to support the broadband network build-out and will appropriate funding from Light and Power reserves to defease or pay off the 2010 Light and Power bonds. This action needs to occur prior to closing on the bonds to support broadband. Beckstead noted the Electric Enterprise Board has approved the bond issuance and noted $610,000 is included for Art in Public Places funding; however, that will be adjusted based on any upcoming changes to the program. Travis Storin, Accounting Director, noted these Ordinances also include the issuance cost associated with the bonds and the 2018 interest costs. Storin provided details of the appropriations. Mary Harnett discussed the ambiguity of the Art in Public Places aspect of this item. She questioned whether changes to the program will involve public input. Chris Bates encouraged a public outreach component to any changes in the Art in Public Places program. He discussed the importance of the arts in Fort Collins. 1.2 Packet Pg. 24 Attachment: April 24, 2018 (6783 : Minutes-4/17, 4/24) April 24, 2018 City of Fort Collins Page 231 Jennifer Sterling Beccard commended the importance placed on the arts in Fort Collins. Art funding is not something that should be cut. Councilmember Cunniff agreed the Art in Public Places program is important but stated ordinances have been unclear in this area. He noted the revenue of the Broadband Utility Enterprise is currently zero, one could argue the correct Art in Public Places number could be zero as well. He noted this is additional Art in Public Places money and Council intends for this discussion to involve public outreach. He discussed the question of whether invisible entities, such as broadband, should have Art in Public Places components. He stated he would support the current appropriation in order to allow for further discussion. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 056, 2018, on First Reading. Councilmember Martinez asked when the public outreach process will be laid out. Deputy City Manager Mihelich replied the staff recommendation is to have the first work session with Council on July 24; however, staff intends to first meet with the Cultural Resources Board and acquire feedback from the arts community with a specific engagement plan. Councilmember Stephens stated she is the liaison to the Art in Public Places Board and encouraged a robust communitywide conversation. Councilmember Cunniff commended the work done to this point. Councilmember Martinez stated the Art in Public Places Board serves an important role in the community. Mayor Troxell stated he would support the motion and encouraged a focus on iconic art pieces and a view of the Art in Public Places program on a more impactful way than it has been to date. RESULT: ORDINANCE NO. 056, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 057, 2018, on First Reading. RESULT: ORDINANCE NO. 057, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak 1.2 Packet Pg. 25 Attachment: April 24, 2018 (6783 : Minutes-4/17, 4/24) April 24, 2018 City of Fort Collins Page 232 • OTHER BUSINESS Councilmember Overbeck expressed concern about a Legislative Review Committee meeting cancellation as the state legislature adjourns May 9. He asked if it would be possible to meet on April 30 or May 7, prior to the adjournment of the legislature. Councilmember Summers noted most of the work is taking place on the floor of the House at this point in the legislative session. He suggested staff keep Council informed of any high-priority issues and bills. Deputy City Manager Mihelich stated staff will provide a detailed update of the current legislative session and pending bills. Councilmember Overbeck stated the Committee would be neglectful if it did not meet prior to the adjournment, citing Senate Bill 264. Councilmember Martinez supported waiting until after the staff update is provided. Ginny Sawyer, Senior Project Manager, stated a detailed report will be provided Thursday and staff is relying heavily on the Council-adopted Legislative Policy Agenda to look for support or oppose statements in that document. Tyler Marr, Project Manager, stated lobbyists have been provided comments from the Policy Agenda on a couple bills, including items related to open records pertaining to internal affairs investigations at the police department, oil and gas setbacks for school properties, and license revocation for unpaid traffic fees. Councilmember Overbeck expressed disappointment the Committee will not be meeting. Councilmember Cunniff stated he would be glad to participate as the alternate Committee member. He requested information as to why the April 30 meeting was cancelled. Deputy City Manager Mihelich replied it was discussed by the Committee and the minutes reflect a cancellation was discussed. Mayor Troxell noted the Colorado Municipal League provides regular information on the legislature. Councilmember Summers stated the Committee could meet; however, the Policy Agenda provides direction and no new bills are being introduced at this time. • ADJOURNMENT The meeting adjourned at 6:36 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.2 Packet Pg. 26 Attachment: April 24, 2018 (6783 : Minutes-4/17, 4/24) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY May 15, 2018 City Council STAFF John Stokes, Natural Resources Director Barb Brock, Natural Areas Financial Coordinator Chris Van Hall, Legal SUBJECT Second Reading of Ordinance No. 059, 2018, Appropriating Prior Year Reserves for the Purpose of Providing Natural Areas Programming Not Included in the 2018 Adopted City Budget and Authorizing the Transfer of Appropriations from the Natural Areas Fund into the Capital Project Fund for the Whitewater Park Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 1, 2018, appropriates $10,000,000 in prior year reserves and unanticipated revenues in the Natural Areas Fund and to include a transfer of $273,812 to the Capital Projects Fund for the Whitewater Park project. These appropriations are for land conservation, restoration of wildlife habitat, a transfer of prior year reserves and commitments to fund restoration of the Poudre River at the Whitewater Park, as well as other Natural Area Department programs to benefit the citizens of Fort Collins. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 1, 2018 (w/o attachments) (PDF) 2. Ordinance No. 059, 2018 (PDF) 2 Packet Pg. 27 Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY May 1, 2018 City Council STAFF John Stokes, Natural Resources Director Barb Brock, Natural Areas Financial Coordinator Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 059, 2018, Appropriating Prior Year Reserves for the Purpose of Providing Natural Areas Programming Not Included in the 2018 Adopted City Budget and Authorizing the Transfer of Appropriations from the Natural Areas Fund into the Capital Project Fund for the Whitewater Park Project. EXECUTIVE SUMMARY The purpose of this item is to appropriate $10,000,000 in prior year reserves and unanticipated revenues in the Natural Areas Fund and to include a transfer of $273,812 to the Capital Projects Fund for the Whitewater Park project. These appropriations are for land conservation, restoration of wildlife habitat, a transfer of prior year reserves and commitments to fund restoration of the Poudre River at the Whitewater Park, as well as other Natural Area Department programs to benefit the citizens of Fort Collins. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading BACKGROUND / DISCUSSION Funding for the Natural Areas Department (NAD) for purposes other than capital projects, lapses each year if not spent. Unspent funds need to be appropriated into the following year’s budget before they can be used. Of the total appropriation, $7,905,019 will be used for land conservation. Over $7,300,000 in land acquisitions are under negotiation; there is a reasonable likelihood that most of these funds will be spent in 2018. In addition to prior year reserves and unspent 2017 appropriations, NAD received $1,171,660 in unanticipated revenues; these funds are being appropriated for the purpose of providing Natural Areas programming not included in the 2018 adopted City Budget. The funds for NAD come from the following designated sources of revenue, including: City-Open Space Yes! ¼ cent sales tax; Larimer County-Help Preserve Open Space ¼ cent sales tax; and, miscellaneous anticipated and unanticipated revenues. All of these funds are restricted to the purposes of the Natural Areas Department, including unanticipated revenues which consist generally of income from sales tax revenues, easements, leases or grants. The prior year reserve funds being appropriated in this Ordinance are more specifically described: $ 8,828,340 Unspent 2017 Budgeted Funds - being reappropriated for same purpose $ 1,171,660 Unanticipated Revenues $10,000,000 Prior Year 2017 Reserves The anticipated use of these funds is as follows: ATTACHMENT 1 2.1 Packet Pg. 28 Attachment: First Reading Agenda Item Summary, May 1, 2018 (w/o attachments) (6788 : SR 059 NA Reappropriation) Agenda Item 5 Item # 5 Page 2 Land Conservation - $7,905,019 will fund land conservation efforts per the Natural Areas Master Plan. Resource Management - $1,466,169 will fund: $1,197,550 in unspent 2017 funds will fund restoration of Udall & Kingfisher Natural Areas, including wetland mitigation for Longview Trail. In addition, $268,619 is for water augmentation infrastructure and for the Arapaho Bend bank restoration. Facility Operations - $210,000 will fund: the relocation and installation of a modular house recently acquired with a natural area property, that will serve as a temporary office building for Natural Areas staff for the 10 plus years; replacement of inefficient solar panels on the Main Office Building; and the installation of a larger electrical transformer to accommodate the addition of solar power on the Nix Farm campus. Land Management - $100,000 will fund: $10,000 for administrative costs for Nature in the City, $30,000 for a utility vehicle for Soapstone, $40,000 for costs of repair damages from the 2013 flood at Soapstone, and $20,000 for ecological monitoring and inventory. River Health - $45,000 in unspent 2017 funds for match to a Colorado Water Conservation Board Grant. Whitewater Park - $273,812 in unspent 2017 funds will help fund the restoration of the Poudre River and be transferred into the Cache la Poudre Whitewater Park capital project. This is a portion of the $1,000,000 Natural Area commitment to the Park. CITY FINANCIAL IMPACTS This Ordinance increases 2018 appropriations in the City’s Natural Areas Fund by $9,726,188. This also includes a transfer from the Natural Areas fund to the Capital Projects fund of $273,812. The requested total appropriation of $10,000,000 in the Natural Areas Fund and transfer to the Capital Projects fund represents 2017 appropriations that were unspent and unencumbered at year-end 2017 and unanticipated revenues. These funds are restricted to the purposes of the Natural Areas Department. BOARD / COMMISSION RECOMMENDATION At its April 11, 2018 meeting, the Land Conservation and Stewardship Board voted unanimously, to recommend that City Council approve the appropriation. PUBLIC OUTREACH Natural Areas Funds will be spent in alignment with the Natural Areas Master Plan, which was extensively reviewed by the public prior to its adoption in October 2014. ATTACHMENTS 1. Land Conservation & Stewardship Board Minutes, April 11, 2018 (draft) (PDF) ATTACHMENT 1 2.1 Packet Pg. 29 Attachment: First Reading Agenda Item Summary, May 1, 2018 (w/o attachments) (6788 : SR 059 NA Reappropriation) -1- ORDINANCE NO. 059, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES FOR THE PURPOSE OF PROVIDING NATURAL AREAS PROGRAMMING NOT INCLUDED IN THE 2018 ADOPTED CITY BUDGET AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS FROM THE NATURAL AREAS FUND INTO THE CAPITAL PROJECT FUND FOR THE WHITEWATER PARK PROJECT WHEREAS, the City is committed to preserving natural areas and providing educational, interpretive and appropriate recreational opportunities to the public; and WHEREAS, Natural Areas programming implements open land conservation priorities identified in the City’s Comprehensive Plan by purchasing conservation easement interests in key natural areas, community separators, or other open lands; providing stewardship for lands purchased; and developing trails and interpretive features for public use; and WHEREAS, the Natural Areas Department is funded primarily through the collection of City Open Space – Yes! sales and use tax revenue, as well as revenues from the Larimer County Help Preserve Open Space sales and use tax, investment earnings, and other miscellaneous revenues deposited in the Natural Areas Fund; and WHEREAS, funds for the City’s Natural Area Department come from City – Open Space Yes!, ¼ Cent sales tax; the Larimer County – Help Preserve Open Space ¼ cent sales tax; and, miscellaneous anticipated and unanticipated revenues, which funds are restricted to the purpose of the Natural Areas Department; and WHEREAS, the purpose of this item is to appropriate $10,000,000 in prior year reserves and unanticipated revenues in the Natural Areas Fund for land conservation, restoration of wildlife habitats, and Natural Area Department programs; and WHEREAS, $7,905,019 of these funds will be used to acquire land for conservation and other conservation efforts in accordance with the Natural Areas Master Plan; and WHEREAS, the remaining funds will be used for restoration of the Udall and Kingfisher Natural Areas ($1,197,550), water augmentation infrastructure for Arapahoe Bend bank restoration ($268,619), facility operations ($210,000), land management ($100,000), river health ($45,000), and restoration of the Poudre River at Whitewater Park ($273,812); and WHEREAS, this appropriation benefits public health, safety, and welfare of the citizens of Fort Collins and serves the public purpose of conserving land and restoring wildlife habitats; 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 2.2 Packet Pg. 30 Attachment: Ordinance No. 059, 2018 (6788 : SR 059 NA Reappropriation) -2- WHEREAS, Article V, Section 11 of the City Charter requires all appropriations unexpended or unencumbered at the end of the fiscal year lapse to the applicable general or special revenue fund, except appropriations for capital projects and federal or state grants do not lapse until completion of the capital project or expiration of the respective grant; and WHEREAS, the City Manager has recommended the appropriation described herein and has determined that this appropriation is available and previously unappropriated from the Natural Areas Fund and will not cause the total amount appropriated in the Natural Areas Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged; the purpose for which the funds were initially appropriated no longer exists; or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and WHEREAS, the City Manager has recommended the appropriation from prior year reserves in the Natural Areas Fund of a total of $10,000,000, comprised of $8,828,340 in unspent and unencumbered appropriations from 2017 and $1,171,660 in unanticipated revenue, to be used for acquisition, construction, enhancement and maintenance of trail systems, wildlife habitat and other natural areas to benefit the citizens 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 there is hereby appropriated from prior year reserves in the Natural Areas Fund the sum of TEN MILLION DOLLARS ($10,000,000) to be used for acquisition, construction, enhancement and maintenance of trail systems, wildlife habitat and other natural areas to benefit the citizens of the City. Section 3. That the unexpended appropriated amount of TWO HUNDRED SEVENTY-THREE THOUSAND EIGHT HUNDRED TWELVE DOLLARS ($273,812) in the Natural Areas Fund is authorized for transfer to the Capital Projects Fund and appropriated therein for the Whitewater Park Project. 2.2 Packet Pg. 31 Attachment: Ordinance No. 059, 2018 (6788 : SR 059 NA Reappropriation) -3- Introduced, considered favorably on first reading, and ordered published this 1st day of May, A.D. 2018, and to be presented for final passage on the 15th day of May, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of May, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 32 Attachment: Ordinance No. 059, 2018 (6788 : SR 059 NA Reappropriation) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY May 15, 2018 City Council STAFF Nancy Nichols, Safe Routes to School Coordinator Chris Van Hall, Legal SUBJECT Second Reading of Ordinance No. 060, 2018, Appropriating Unanticipated Grant Revenue in the Transportation Fund from the Colorado Department of Transportation and the BNSF Railway Foundation for the Safe Routes to School Program. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on May 1, 2018, appropriates $25,584 in unbudgeted funds received through two grants for the Safe Routes to School (SRTS) program (part of the City’s FC Moves Department). The Colorado Department of Transportation (CDOT) has awarded an $18,584 grant for acquisition of new equipment, and BNSF Railway Foundation has awarded a $7,000 grant for SRTS bike- pedestrian safety education in K-8 schools. This project requires a 20% local match for the CDOT grant ($4,646), which will be paid from a portion of the BNSF Railway Foundation grant. On Second Reading, the reference to “BNSF Railroad Foundation” has been changed to “BNSF Railway Foundation.” STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 1, 2018 (w/o attachments) (PDF) 3 Packet Pg. 33 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY May 1, 2018 City Council STAFF Nancy Nichols, Safe Routes to School Coordinator Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 060, 2018, Appropriating Unanticipated Grant Revenue in the Transportation Fund from the Colorado Department of Transportation and the BNSF Railway Foundation for the Safe Routes to School Program. EXECUTIVE SUMMARY The purpose of this item is to request appropriation of $25,584 in unbudgeted funds received through two grants for the Safe Routes to School (SRTS) program (part of the City’s FC Moves Department). The Colorado Department of Transportation (CDOT) has awarded an $18,584 grant for acquisition of new equipment, and BNSF Railway Foundation has awarded a $7,000 grant for SRTS bike-pedestrian safety education in K-8 schools. This project requires a 20% local match for the CDOT grant ($4,646), which will be paid from a portion of the BNSF Railway Foundation grant. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Safe Routes to School (SRTS) is a nationwide effort to get more children biking and walking to school for their health, academic achievement and the environment. SRTS focuses on the Six Es of transportation services: Education, Encouragement, Engineering, Enforcement, Evaluation and Equity. The City’s SRTS program emphasizes education, encouragement, evaluation and equity activities, while collaborating with other City departments to address engineering and enforcement issues. In 2017, the SRTS program reached 15,190 local residents with bike-pedestrian education and encouragement programming, including 13,433 K-12 students and 1,757 parents and other adults. Of the 13,433 students, 7,628 received personal instruction on bike-pedestrian safety from an SRTS instructor during PE class or at another school or community event. In 2018, programming priorities include continued implementation of the School Rotation Schedule, a plan to take bike-pedestrian safety education to all Poudre School District (PSD) schools on a regular basis. This plan ensures that the program educates between 7,000 and 8,000 local students each year and is endorsed by PE teachers, school principals and the PSD superintendent. Additional priorities include establishment of new satellite and mobile equipment fleets to create greater efficiencies in delivering SRTS programming throughout the community. The success of the program is based on collaborations with local partners including Poudre School District (PSD), Bike Fort Collins, Safe Kids Larimer County, BASE Camp, various City departments (Traffic Operations, Police, Engineering, Recreation, Parks, Streets), local businesses, individual schools and parents. ATTACHMENT 1 3.1 Packet Pg. 34 Attachment: First Reading Agenda Item Summary, May 1, 2018 (w/o attachments) (6784 : SR 060 Safe Routes) Agenda Item 6 Item # 6 Page 2 This grant funding supports the following City of Fort Collins plans: City Plan: Policy SW 2.3 - Support Active Transportation Support means of physically active transportation (e.g., bicycling, walking, wheelchairs, etc.) by continuing bike and pedestrian safety education and encouragement programs, providing law enforcement, and maintaining bike lanes, sidewalks, trails, lighting, and facilities for easy and safe use, as outlined in the Pedestrian Plan and Bicycle Plan. Transportation Master Plan: Policy T 8.1 - Support Active Transportation Support physically active transportation (e.g., bicycling, walking, wheelchairs, etc.) by continuing bike and pedestrian safety education and encouragement programs, providing law enforcement, and maintaining bike lanes, sidewalks, trails, lighting, and facilities for easy and safe use. 2014 Bicycle Plan: Recommendation 2.7 - Expand Safe Routes to School Programming With the assistance of local advocacy organizations and community partners, the SRTS program will educate at least 8,000 K-12 students annually by 2020. This grant funding will expand the SRTS satellite equipment fleets at two schools (Bauder Elementary and Olander Elementary) and will support ongoing K-8 bike-pedestrian safety education delivered by SRTS at local schools. CITY FINANCIAL IMPACTS These are the latest of numerous grants received by the City’s Safe Routes to School program since 2007, totaling $829,565. For this latest CDOT grant, CDOT is providing 80% ($18,584) of the full program cost ($23,230), with 20% ($4,646) required in matching funds. The matching funds will be covered by a portion of the $7,000 BNSF Railway Foundation grant, which is also part of this funding appropriation. BOARD / COMMISSION RECOMMENDATION The Transportation Board and its Bicycle Advisory Committee receive periodic updates from the SRTS program. Both groups have shown strong support for the program’s goals as well as for grant funding to support the program. The PSD SRTS Steering Committee supports the scope of this grant funding. PUBLIC OUTREACH SRTS public outreach occurs on an ongoing basis through presentations to school PTOs/PTAs, school wellness teams and community groups. Public outreach is also accomplished through an SRTS annual summary, media coverage and information posted on the SRTS website, fcgov.com/saferoutes. 3.1 Packet Pg. 35 Attachment: First Reading Agenda Item Summary, May 1, 2018 (w/o attachments) (6784 : SR 060 Safe Routes) -1- ORDINANCE NO. 060, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE TRANSPORTATION FUND FROM THE COLORADO DEPARTMENT OF TRANSPORTATION AND THE BNSF RAILWAY FOUNDATION FOR THE SAFE ROUTES TO SCHOOL PROGRAM WHEREAS, Safe Routes to School (“SRTS”) is a nationwide effort to get more children biking and walking to school for their health, academic achievement and the environment; and WHEREAS, including the appropriation in this Ordinance, the City’s SRTS program has received numerous grants totaling $829,565; and WHEREAS, this Ordinance will appropriate unanticipated grant revenue to the City’s SRTS program in the amount of $25,584, which consists of a grant from the Colorado Department of Transportation (“CDOT”) in the amount of $18,584 for acquisition of new equipment, as well as a grant from BNSF RailroadRailway Foundation in the amount of $7,000 for SRTS bike-ped safety education in K-8 school; and WHEREAS, the CDOT grant requires local funds in the amount of $4,646, which amount will come from the BNSF RailroadRailway Foundation Grant consistent with the terms of both grants as the grant funds will allow the City to provide adequate equipment to educate participants in the City’s SRTS program; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of enhancing the health, academic achievement and the environment of children in Fort Collins; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Transportation Fund and will not cause the total amount appropriated in the Transportation Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from unanticipated grant revenue from CDOT ($18,584) and BNSF Railway Foundation ($7,000) in the Transportation Packet Pg. 36 -2- Fund the sum of TWENTY-FIVE THOUSAND FIVE HUNDRED EIGHTY-FOUR DOLLARS ($25,584) for the SRTS program. Introduced, considered favorably on first reading, and ordered published this 1st day of May, A.D. 2018, and to be presented for final passage on the 15th day of May, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of May, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Packet Pg. 37 Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY May 15, 2018 City Council STAFF Patrick Rowe, Redevelopment Program Coordinator John Duval, Legal SUBJECT Second Reading of Ordinance No. 061, 2018, Repealing and Reenacting Division 4 in Article IV of Chapter 2 of the Code of the City of Fort Collins Pertaining to the Fort Collins Urban Renewal Authority to Address Recent Changes in Colorado's Urban Renewal Law and Confirming the Appointment of Andy Smith to the Authority's Board of Commissioners. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 1, 2018, amends City Code (Code) to provide for an expanded Urban Renewal Authority (URA) Board following the requirements of state law associated with the creation of a new Urban Renewal Plan Area. More particularly, this item amends the Code to provide for an expanded URA Board that includes a county appointment, school district appointment, an appointment from among the special districts, and to restore the board to an odd number, a mayoral appointment. Additionally, the Code will be amended to clarify that the county, school district and special district appointees are not subject to the City’s conflict of interest provisions, but are subject to the conflict of interest provisions that govern URAs as per state law. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 1, 2018 (w/o attachments) (PDF) 2. Ordinance No. 061, 2018 (PDF) 4 Packet Pg. 38 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY May 1, 2018 City Council STAFF Patrick Rowe, Redevelopment Program Coordinator John Duval, Legal SUBJECT First Reading of Ordinance No. 061, 2018, Repealing and Reenacting Division 4 in Article IV of Chapter 2 of the Code of the City of Fort Collins Pertaining to the Fort Collins Urban Renewal Authority to Address Recent Changes in Colorado's Urban Renewal Law and Confirming the Appointment of Andy Smith to the Authority's Board of Commissioners. EXECUTIVE SUMMARY The purpose of this item is to amend City Code (Code) to provide for an expanded Urban Renewal Authority (URA) Board following the requirements of state law associated with the creation of a new Urban Renewal Plan Area. More particularly, this item amends the Code to provide for an expanded URA Board that includes a county appointment, school district appointment, an appointment from among the special districts, and to restore the board to an odd number, a mayoral appointment. Additionally, the Code will be amended to clarify that the county, school district and special district appointees are not subject to the City’s conflict of interest provisions, but are subject to the conflict of interest provisions that govern URAs as per state law. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2015 House Bill 1348 was signed into law. Among other changes, the bill requires the URA Board to be expanded in advance of a new urban renewal plan area, or substantial modification to an existing plan area. The expanded Board includes an appointed representative from the county, the school district, a representative from among the special districts, and as necessary to create an odd number of Board members, a mayoral appointment. To accommodate an expanded board two code changes must be made: 1. the Code must be revised to specify these additional members; and, 2. the Code will be amended to clarify that the county, school district and special district appointments are not subject to the City’s conflict of interest provisions, but are subject to the conflict of interest provisions that govern URAs, as per state law. Note: As a home rule municipality, the City has its own conflict of interest provisions that also apply to the City Council Boardmembers and the mayoral appointee. Changes to the URA bylaws and rules of procedure may also be made to accommodate the expanded board. These changes can be made following input from the discussion at the May 11, 2018, gathering of the current URA board and proposed new members of the Board. ATTACHMENT 1 4.1 Packet Pg. 39 Attachment: First Reading Agenda Item Summary, May 1, 2018 (w/o attachments) (6791 : SR 061 URA Code Changes) Agenda Item 7 Item # 7 Page 2 The county appointee from Larimer County will be Mr. Steve Johnson. The school district appointee from the Poudre School District Board will be Mr. Christophe Febvre. The appointee from among the special districts is still outstanding, but is anticipated soon. The Mayoral appointee will be Mr. Andy Smith. To facilitate an orientation of those who will be the new members of the URA Board on May 11, 2018, the City Council is being asked to confirm and approve this evening the Mayor’s appointment of Mr. Andy Smith by separate Resolution (2018-044). In addition, this Ordinance ratifies and affirms Mr. Smith’s appointment in accordance with Code Section 2-482(a)(3) as amended by the Ordinance. ATTACHMENT 1 4.1 Packet Pg. 40 Attachment: First Reading Agenda Item Summary, May 1, 2018 (w/o attachments) (6791 : SR 061 URA Code Changes) -1- ORDINANCE NO. 061, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING AND REENACTING DIVISION 4 IN ARTICLE IV OF CHAPTER 2 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE FORT COLLINS URBAN RENEWAL AUTHORITY TO ADDRESS RECENT CHANGES IN COLORADO’S URBAN RENEWAL LAW AND CONFIRMING THE APPOINTMENT OF ANDY SMITH TO THE AUTHORITY’S BOARD OF COMMISSIONERS WHEREAS, on January 5, 1982, City Council adopted Resolution 1982-010 establishing within the City of Fort Collins, Colorado (the “City”) the Fort Collins Urban Renewal Authority (the “Authority”) and designating the Council to serve as the Authority’s Board of Commissioners (the “URA Board”); and WHEREAS, the laws governing the creation, powers and governance of urban renewal authorities are in Colorado’s “Urban Renewal Law” in Part 1 of Article 25 of Title 31 of the Colorado Revised Statutes (the “Act”); and WHEREAS, the City Code provisions governing the Authority are in Division 4 in Article IV of City Code Chapter 2 (the “URA Code”); and WHEREAS, Sections 31-25-104 and 31-25-107 of the Act were amended in 2015 and 2017, respectively, by the Colorado General Assembly to provide that when the adoption of a new urban renewal plan is being considered on or after January 1, 2016, the membership on the board of commissioners of the affected urban renewal authority is to be increased to include at least three, and potentially four, additional commissioners; and WHEREAS, one commissioner is to be appointed by the board of county commissioners of the county in which the territorial boundaries of the urban renewal authority area are located, the second commissioner is to be a board member of a special district selected by agreement of the special districts levying a mill levy within the boundaries of the urban renewal authority area and the third commissioner is to be an elected member of a board of education of a school district levying a mill levy within the boundaries of the urban renewal authority area; and WHEREAS, if these three new appointments cause the authority’s board to have an even number of commissioners, the mayor of the municipality that has created the urban renewal authority is to appoint a fourth commissioner to restore an odd number of commissioners to the authority’s board; and WHEREAS, a new urban renewal plan is being proposed for properties located at and near the College Avenue and Drake Road intersection, the approval of which will require, among other things, that the URA Board first commission a blight study of the proposed plan area and that the City Council conduct a public hearing to make the blight determination required by the Act before the new plan can be approved by Council (the “New URA Plan”); and WHEREAS, before either of these actions can be taken, the Act requires that the membership on the URA Board be expanded to include an appointment by the Larimer County 4.2 Packet Pg. 41 Attachment: Ordinance No. 061, 2018 (6791 : SR 061 URA Code Changes) -2- Board of Commissioners (the “County Appointment”), a joint appointment by the Poudre School District and the Thompson School District (the “School District Appointment”) and an agreed appointment by all of the special districts levying property taxes within the Authority’s boundaries (the “Special District Appointment”); and WHEREAS, since these three new appointments will increase URA Board membership to ten, an even number, the Act requires the City’s Mayor to appoint another new commissioner to the URA Board to restore the Board’s membership to an odd number; and WHEREAS, the City Council has previously adopted Resolution 2015-105 setting out a process to follow for the Mayor’s appointment to the URA Board under which the Mayor and one other councilmember are to interview candidates and make an appointment recommendation to Council for its approval by resolution; and WHEREAS, the candidate interviews under this process have been completed by the Mayor and Councilmember Kristin Stephens and they recommended that Andy Smith be appointed to the URA Board, which appointment was initially approved by Council on May 1, 2018, in Resolution 2018-044 and is hereafter ratified and reaffirmed in Section 6 of this Ordinance; and WHEREAS, the primary purposes of this Ordinance are to amend Section 2-481 of the URA Code to provide for the new membership on the URA Board and to amend Section 2-483 of the URA Code to recognize that the County Appointment, the School District Appointment and the Special District Appointment are not subject to the conflicts of interest provisions in the City’s Charter and Code, but are nevertheless subject to the conflicts of interest provisions in the Act and under other applicable state law; and WHEREAS, this Ordinance also amends the URA Code to add a definitions section and to amend those sections of the URA Code using these defined terms; and WHEREAS, the Council finds and determines that the adoption of this Ordinance is in the best interest of the City and necessary for the public’s health, safety and welfare. 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 Division 4 in Article IV of City Code Chapter 2 is hereby repealed in its entirety and reenacted to read as follows: 4.2 Packet Pg. 42 Attachment: Ordinance No. 061, 2018 (6791 : SR 061 URA Code Changes) -3- Division 4 Urban Renewal Authority Sec. 2-480. Definitions. For purposes of this Division, the following words, terms and phrases shall have the meanings ascribed to them in this Section: Authority shall mean the Fort Collins Urban Renewal Authority established on January 5, 1982, by City Council Resolution 82-10 under the Urban Renewal Law. Board shall mean the board of commissioners of the Authority. Commissioner shall mean a duly appointed member of the Board. Urban Renewal Law shall mean Colorado’s Urban Renewal Law in Part 1 of Article 25 of Title 31 of the Colorado Revised Statutes, as amended. Sec. 2-481. Creation. The Authority has been created and established pursuant to the Urban Renewal Law and City Council Resolution 82-10, and shall be known as the Fort Collins Urban Renewal Authority. Sec. 2-482. Membership; term. (a) The commissioners on the Board of the Authority shall be: (1) all members of the City Council; (2) the county, school district and special district appointees required by the Urban Renewal Law; and (3) a resident of the City appointed by the Mayor and confirmed by the City Council by resolution if such appointment is required by the Urban Renewal Law. (b) The appointments, terms, removals and vacancies of commissioners on the Board shall be governed by the Urban Renewal Law, except that the person appointed pursuant to subparagraph (a)(3) of this Section shall be appointed to serve a term of four (4) years and shall be appointed in the manner provided in subparagraph (a)(3). Sec. 2-483. - Jurisdiction. 4.2 Packet Pg. 43 Attachment: Ordinance No. 061, 2018 (6791 : SR 061 URA Code Changes) -4- The Authority shall exercise its powers under the Urban Renewal Law within the boundaries of the Authority, which boundaries shall be the same as the boundaries of the City, and this shall include, without limitation, exercising those powers within any of the urban renewal plan areas that are located within the boundaries of the Authority. Sec. 2-484. Conflicts of interest. The commissioners, officers and employees of the Authority shall be governed by the rules of ethical conduct in the Urban Renewal Law and other applicable state law. Unless in conflict with the Urban Renewal Law or other applicable state law, the commissioners, officers and employees of the Authority shall also be governed by the applicable rules of ethical conduct contained in Article IV, § 9 of the Charter and in § 2-568 of the Code, except that the county, school district and special district appointees serving as commissioners on the Board shall not be subject to the rules of ethical conduct contained in Article IV, Section 9 of the Charter and in § 2-568 of the Code. Sec. 2-485 Functions. The Authority shall be a body corporate with all the purposes and powers authorized by the Urban Renewal Law and all additional and supplemental powers necessary or convenient to carry out and effectuate the purposes and provisions of the Urban Renewal Law. Sec. 2-486. Minutes. The Authority shall take and file the minutes of the Board in accordance with the requirements of § 2-73 of this Code. Section 3. That the City Council’s appointment of Andy Smith to the URA Board for a four-year term as approved in Resolution 2018-044, and as provided in Code Section 2- 482(a)(3), is hereby ratified and reaffirmed. Introduced, considered favorably on first reading, and ordered published this 1st day of May, A.D. 2018, and to be presented for final passage on the 15th day of May, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.2 Packet Pg. 44 Attachment: Ordinance No. 061, 2018 (6791 : SR 061 URA Code Changes) -5- Passed and adopted on final reading on the 15th day of May, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk 4.2 Packet Pg. 45 Attachment: Ordinance No. 061, 2018 (6791 : SR 061 URA Code Changes) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY May 15, 2018 City Council STAFF Dan Gulley, Real Estate Specialist II Daylan Figgs, Senior Environmental Planner Ingrid Decker, Legal SUBJECT Second Reading of Ordinance No. 064, 2018 Authorizing the Conveyance of Various Property Interests on City-Owned Property at Pelican Marsh Natural Area to Pedcor Investments LLC. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 1, 2018, authorizes the conveyance of one non-exclusive permanent drainage easement, one non-exclusive permanent slope easement and two temporary construction easements on Pelican Marsh Natural Area (Pelican Marsh) to Pedcor Investments LLC. (Pedcor). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 1, 2018 (w/o attachments) (PDF) 2. Ordinance No. 064, 2018 (PDF) 5 Packet Pg. 46 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY May 1, 2018 City Council STAFF Dan Gulley, Real Estate Specialist II Daylan Figgs, Senior Environmental Planner Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 064, 2018 Authorizing the Conveyance of Various Property Interests on City- Owned Property at Pelican Marsh Natural Area to Pedcor Investments LLC. EXECUTIVE SUMMARY The purpose of this item is to authorize the conveyance of one non-exclusive permanent drainage easement, one non-exclusive permanent slope easement and two temporary construction easements on Pelican Marsh Natural Area (Pelican Marsh) to Pedcor Investments LLC. (Pedcor). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Pelican Marsh Natural Area is located south of the intersection of South College Avenue and Trilby Road. The land northwest of the Natural Area and adjacent to College is owned by Pedcor. Pedcor has proposed a new development, Lakeview on the Rise, as a mixed-use development consisting of 180 affordable housing units. Pelican Marsh is located directly adjacent to the proposed subdivision and within the historic flow path of stormwater that leaves the site. Pedcor is requesting one non-exclusive drainage easement, one non-exclusive slope easement, and two temporary construction easements to allow stormwater to follow the historic path onto Pelican Marsh as a condition of getting the development approved by the City. Water that leaves the developed site will flow through a water quality pond prior to discharging onto the natural area. The water quality pond will be constructed on the development site but a small area on Pelican Marsh will be disturbed to construct buried outlet pipes and swales that serve as an outfall channel. Existing vegetation in this area is dominated by non- native grasses and will be restored to a native grass and forb mix. The slope easement is needed to ensure proper slope and surface grade exist into the future to allow for stormwater drainage to work properly. Once the desired grade is established, the site will be seeded to native grasses and forbs. The temporary easements are needed to facilitate construction and access to the easement areas. All restoration activities will follow the Natural Areas Resource Protection Standards. Permanent Easements Needed: 1. Drainage Easement - 3,150 Square Feet 2. Slope Easement - 1,988 Square Feet ATTACHMENT 1 5.1 Packet Pg. 47 Attachment: First Reading Agenda Item Summary, May 1, 2018 (w/o attachments) (6790 : SR 064 Pelican Marsh NA Easements) Agenda Item 10 Item # 10 Page 2 Temporary Easements Needed: 1. Drainage Easement TCE - 10,669 Square Feet 2. Slope Easement TCE - 2,129 Square Feet CITY FINANCIAL IMPACTS Impact is anticipated to be minimal due to the size of the easements and location. The easements are at the outer edge of the Natural Area. Visibility of drainage structures should be minimal. Natural Areas staff will work with the developer to minimize impacts and make certain restoration is completed in a timely professional manner according to Natural Area’s Resource Protection Standards. Pedcor paid $1,500 in application fees to cover the administration costs to process these easements; a $2,500 restoration fee to cover staff’s costs following the initial restoration; and $3,848 value of the easements. BOARD / COMMISSION RECOMMENDATION At its April 11, 2018, meeting, the Land Conservation Stewardship Board voted to recommend City Council approve the conveyance of one non-exclusive permanent drainage easement, one non-exclusive permanent slope easement and two temporary easements on Pelican Marsh Natural Area to Pedcor Investments LLC. ATTACHMENTS 1. Location Map (PDF) 2. Plat (PDF) 3. Land Conservation and Stewardship Board minutes, April 11, 2018 (draft) (PDF) ATTACHMENT 1 5.1 Packet Pg. 48 Attachment: First Reading Agenda Item Summary, May 1, 2018 (w/o attachments) (6790 : SR 064 Pelican Marsh NA Easements) -1- ORDINANCE NO. 064, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF VARIOUS PROPERTY INTERESTS ON CITY-OWNED PROPERTY AT PELICAN MARSH NATURAL AREA TO PEDCOR INVESTMENTS LLC WHEREAS, the City is the owner of property located southeast of the intersection of South College Avenue and Trilby Road known as Pelican Marsh Natural Area (the “City Property”); and WHEREAS, Pedcor Investments LLC (“Pedcor”) has proposed a new development on land northwest of the City Property that would consist of 180 affordable housing units (the “Development”); and WHEREAS, in order to receive the necessary development approvals for the Development, Pedcor is asking the City to convey to it a permanent drainage easement and permanent slope easement (“Easements”) and two temporary construction easements (“TCEs”) on the City Property to properly manage stormwater flows from the Development site; and WHEREAS, the two Easements are described on Exhibits “A” and “B” and the TCEs are described on Exhibits “C” and “D”, all attached and incorporated herein by this reference; and WHEREAS, Pedcor would pay the City a total of $3,848 for the Easements and TCEs, as well as $1,500 to cover the costs of processing the easement request, and a $2,500 restoration fee to cover the costs of maintaining areas restored after construction of the drainage improvements and initial restoration of the easement areas; and WHEREAS, City staff believes that the impact to the City Property from the proposed improvements will be minimal, as they would be at the edge of the City Property, and City staff will work with Pedcor to ensure restoration work is done in accordance with the Natural Areas Resource Protection Standards; and WHEREAS, at its regular meeting on April 11, 2018, the Land Conservation and Stewardship Board voted to recommend conveying the Easements and TCEs to Pedcor; and WHEREAS, Pedcor’s proposed affordable housing units will substantially help further the City’s goal in the current Affordable Housing Strategic Plan to provide 188 units of affordable housing per year; 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. 5.2 Packet Pg. 49 Attachment: Ordinance No. 064, 2018 (6790 : SR 064 Pelican Marsh NA Easements) -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 the City Council hereby finds that the conveyance of the Easements and TCEs to Pedcor as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute the deeds necessary to convey the property interests to Pedcor, and the City Manager is authorized to execute such other documents related to the property conveyances as may be necessary, all 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 description of such property interests, 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 1st day of May, A.D. 2018, and to be presented for final passage on the 15th day of May, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of May, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk 5.2 Packet Pg. 50 Attachment: Ordinance No. 064, 2018 (6790 : SR 064 Pelican Marsh NA Easements) 5.2 Packet Pg. 51 Attachment: Ordinance No. 064, 2018 (6790 : SR 064 Pelican Marsh NA Easements) 5.2 Packet Pg. 52 Attachment: Ordinance No. 064, 2018 (6790 : SR 064 Pelican Marsh NA Easements) 5.2 Packet Pg. 53 Attachment: Ordinance No. 064, 2018 (6790 : SR 064 Pelican Marsh NA Easements) 5.2 Packet Pg. 54 Attachment: Ordinance No. 064, 2018 (6790 : SR 064 Pelican Marsh NA Easements) 5.2 Packet Pg. 55 Attachment: Ordinance No. 064, 2018 (6790 : SR 064 Pelican Marsh NA Easements) 5.2 Packet Pg. 56 Attachment: Ordinance No. 064, 2018 (6790 : SR 064 Pelican Marsh NA Easements) 5.2 Packet Pg. 57 Attachment: Ordinance No. 064, 2018 (6790 : SR 064 Pelican Marsh NA Easements) 5.2 Packet Pg. 58 Attachment: Ordinance No. 064, 2018 (6790 : SR 064 Pelican Marsh NA Easements) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY May 15, 2018 City Council STAFF Dan Gulley, Real Estate Specialist II Daylan Figgs, Senior Environmental Planner Ingrid Decker, Legal SUBJECT Second Reading of Ordinance No. 065, 2018, Authorizing the Conveyance to the Colorado Department of Transportation of Various Property Interests on City-Owned Property at Arapaho Bend Natural Area. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on May 1, 2018, authorizes the conveyance of two permanent right- of-way easements, one temporary construction easement, and a triangle strip of land on Arapaho Bend Natural Area to the Colorado Department of Transportation (CDOT). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 1, 2018 (w/o attachments) (PDF) 2. Ordinance No. 065, 2018 (PDF) 6 Packet Pg. 59 Item # 11 Page 1 AGENDA ITEM SUMMARY May 1, 2018 City Council STAFF Dan Gulley, Real Estate Specialist II Daylan Figgs, Senior Environmental Planner Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 065, 2018, Authorizing the Conveyance to the Colorado Department of Transportation of Various Property Interests on City-Owned Property at Arapaho Bend Natural Area. EXECUTIVE SUMMARY The purpose of this item is to authorize the conveyance of two permanent right-of-way easements, one temporary construction easement, and a triangle strip of land on Arapaho Bend Natural Area to the Colorado Department of Transportation (CDOT). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Arapaho Bend Natural Area is located primarily north and west of the Harmony Road and I-25 intersection, with a portion of Arapaho Bend on the east side of the highway. CDOT is gearing up to widen I-25, to accommodate increased traffic flows and replace the bridge over the Poudre River. CDOT is currently acquiring right-of-way (ROW) along both sides of the highway for many miles for the project. This is anticipated to be an “ultimate buildout”. CDOT is requesting two permanent easements and one temporary construction easement from the City for the highway expansion and bridge replacement. Natural Areas would like to give CDOT, via a quit claim deed, a narrow triangle strip of land located on the east side between I-25 and Walmart. This parcel was acquired as part of a larger parcel of land, but due to its configuration and location, the strip is a nuisance for staff to maintain, has no financial value and no value to Natural Areas (see attachments). Staff has negotiated with CDOT to take ownership of the triangle parcel as part of the overall transaction. Natural Areas has also negotiated mitigation funds to replant trees and grass as needed after construction. All restoration activities and mitigation negotiations are in line with the Natural Areas Resource Protection Standards. As a part of the bridge replacement, CDOT will coordinate the construction of the Poudre River Trail under the bridge with the City to provide the long- awaited trail connection to Timnath and ultimately Windsor and Greeley. Permanent ROW Needed: 1. ROW 256 (West Side) - 1.439 acres 2. ROW 257 (East Side) - 1.451 acres ATTACHMENT 1 6.1 Packet Pg. 60 Attachment: First Reading Agenda Item Summary, May 1, 2018 (w/o attachments) (6787 : SR 065 Arapaho Bend ROW) -1- ORDINANCE NO. 065, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE TO THE COLORADO DEPARTMENT OF TRANSPORTATION OF VARIOUS PROPERTY INTERESTS ON CITY-OWNED PROPERTY AT ARAPAHO BEND NATURAL AREA WHEREAS, the City is the owner of property located north of Harmony Road on both sides of I-25 known as Arapaho Bend Natural Area (the “City Property”); and WHEREAS, the Colorado Department of Transportation (CDOT) has requested from the City two permanent right-of-way easements (“Easements”) and a temporary construction easement (“TCE”) on the City Property as part of the planned expansion of I-25 (the “Project”); and WHEREAS, the two Easements are described on Exhibits “A” and “B” and the TCE is described on Exhibit “C”, all attached and incorporated herein by this reference; and WHEREAS, CDOT has agreed to pay the City $44,613 for the Easements and TCE, as well as $68,650 to compensate for trees that will be lost and for reseeding; and WHEREAS, the City has also negotiated to convey to CDOT, by quitclaim deed, a narrow, triangle-shaped strip of the City Property located between I-25 and the Timnath Wal-Mart, as more particularly described on Exhibit “D”, attached and incorporated herein by reference (the “Triangle Parcel”); and WHEREAS, the Triangle Parcel is a portion of a larger parcel acquired by the City as part of the City Property, but due to its location and configuration, it has negative value to the Natural Areas Program as it provides no benefit, but costs money to maintain; and WHEREAS, having CDOT take over ownership and maintenance of the Triangle Parcel would be a benefit to the City; and WHEREAS; as part of the Project, CDOT will also construct a trail under the existing bridge to allow the City to make a trail connection from the west side of I-25 to the east side, facilitating future expansion of the City’s trail system; and WHEREAS, City staff has determined that the value to the City of having the trail constructed, and no longer having to maintain the Triangle Parcel, is worth more to the City than the Triangle Parcel; and WHEREAS, at its regular meeting on April 11, 2018, the Land Conservation and Stewardship Board voted to recommend conveying the Easements, TCE and Triangle Parcel to CDOT; and 6.2 Packet Pg. 61 Attachment: Ordinance No. 065, 2018 (6787 : SR 065 Arapaho Bend ROW) -2- 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 conveyance of the Easements, TCE and Triangle Parcel to CDOT as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute the deeds necessary to convey the property interests to CDOT, and the City Manager is authorized to execute such other documents related to the property conveyances as may be necessary, all 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 description of such property interests, 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 1st day of May, A.D. 2018, and to be presented for final passage on the 15th day of May, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of May, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk 6.2 Packet Pg. 62 Attachment: Ordinance No. 065, 2018 (6787 : SR 065 Arapaho Bend ROW) EXHIBIT "A" PROJECT NUMBER: IM 0253-255 PARCEL NUMBER: RW-256 PROJECT CODE: 21506 DATE: May 15, 2017 DESCRIPTION A tract or parcel of land No. RW-256 of the Department of Transportation, State of Colorado Project No. IM 0253-255 containing 62,699 sq. ft. (1.439 acres), more or less, in the west half of Section 34, Township 7 North, Range 68 West, of the 6th Principal Meridian, in Larimer County, Colorado, also being a portion of the tract of land described in a deed recorded August 25, 2009, at Rec. No. 20090059093 in the records of the Clerk and Recorder’s office, in Larimer County, Colorado, said tract or parcel being more particularly described as follows: Commencing at a point, whence the South Quarter corner of said Section 34 (being a 3-¼” aluminum cap, stamped COLO DEPT OF TRANSPORTATION, PLS NO 24307, T7N R68W, S ¼ 34, S3, T6N R68W, POINT NO 306, 2000), bears S. 25º44’44” E., a distance of 846.56 feet, said point being on the west right of way line of Interstate 25 (May 2017), said point also being the TRUE POINT OF BEGINNING; 1. Thence N. 0°50'29" W., a distance of 978.51 feet; 2. Thence N. 8°28'19" W., to the said west right of way line, a distance of 943.36 feet; 3. Thence along said west right of way line, S. 12°45'50" E., a distance of 231.36 feet; 4. Thence continuing along said west right of way line, on the arc of a curve to the right, a radius of 5,565.00 feet, a central angle of 10°35'01", a distance of 1,027.96 feet, (a chord bearing S. 7°28'20" E., a distance of 1,026.50 feet); 5. Thence continuing along said west right of way line, S. 2°10'50" E., a distance of 554.26 feet; 6. Thence continuing along said west right of way line, S. 24°37'32" W., a distance of 125.62 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 62,699 sq. ft. (1.439 acres), more or less. Basis of Bearings: Bearings used in the calculations of coordinates are based on a grid bearing of N. 0º05’56” W. (a distance of 2,642.71 feet), from the said South Quarter corner of Section 34 to the Center Quarter corner of said Section 34 (being a 3-¼” aluminum cap, stamped NORTHERN ENGINEERING, T7N R68W, C ¼ S34, 2012, LS 14823), as obtained from a Global Positioning System (GPS) survey based on the Colorado High Accuracy Reference Network (CHARN). Prepared by: Kevin Williams P.L.S 28294 For and on the behalf of AECOM 6200 South Quebec Street Greenwood Village, Colorado 80111 Packe EXHIBIT "%" PROJECT NUMBER: IM 0253-255 PARCEL NUMBER: RW-257 PROJECT CODE: 21506 DATE: May 15, 2017 DESCRIPTION A tract or parcel of land No. RW-257 of the Department of Transportation, State of Colorado Project No. IM 0253-255 containing 63,191 sq. ft. (1.451 acres), more or less, in the Northwest Quarter of Section 34, Township 7 North, Range 68 West, of the 6th Principal Meridian, in Larimer County, Colorado, also being a portion of the tract of land described in a deed recorded June 15, 2000, as Rec. No. 2000040027 in the records of the Clerk and Recorder’s office, in Larimer County, Colorado, said tract or parcel being more particularly described as follows Commencing at a point, whence the Center Quarter corner of said Section 34 (being a 3-¼” aluminum cap, stamped NORTHERN ENGINEERING, T7N R68W, C ¼ S34, 2012, LS 14823), bears S. 89º41’36” E., a distance of 120.21 feet, said point being on the south line of said Northwest Quarter, said point also being the TRUE POINT OF BEGINNING; 1. Thence along said south line, N. 89°41'36" W., to the east right of way line of Interstate 25 (May 2017), a distance of 133.14 feet; 2. Thence along said east right of way line, N. 12°45'50" W., a distance of 613.18 feet; 3. Thence continuing along said east right of way line, N. 72°24'00" E., a distance of 77.91 feet; 4. Thence continuing, N. 72°24'00" E., a distance of 50.17 feet; 5. Thence S. 12°56'44" E., a distance of 136.65 feet; 6. Thence S. 77°03'16" W., a distance of 55.36 feet; 7. Thence S. 12°56'44" E., a distance of 330.96 feet; 8. Thence N. 77°03'16" E., a distance of 55.36 feet; 9. Thence S. 12°56'44" E., a distance of 186.47 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 63,191 sq. ft. (1.451 acres), more or less. Basis of Bearings: Bearings used in the calculations of coordinates are based on a grid bearing of N. 0º06’28” W. (a distance of 2,670.69 feet), from the said Center Quarter corner of said Section 34 to the North Quarter corner of Section 34 (being a 3-¼” aluminum cap, stamped T7N R68W, ¼ S27----S34, 1996, LS 25384), as obtained from a Global Positioning System (GPS) survey based on the Colorado High Accuracy Reference Network (CHARN). Prepared by: Kevin Williams P.L.S 28294 For and on the behalf of AECOM 6200 South Quebec Street Greenwood Village, Colorado 80111 Packe EXHIBIT "&" PROJECT NUMBER: IM 0253-255 TEMPORARY EASEMENT NUMBER: TE-257 PROJECT CODE: 21506 DATE: May 15, 2017 DESCRIPTION A Temporary Easement No. TE-257 of the Department of Transportation, State of Colorado Project No. IM 0253-255 containing 18,321 sq. ft. (0.421 acres), more or less, in the Northwest Quarter of Section 34, Township 7 North, Range 68 West, of the 6th Principal Meridian, in Larimer County, Colorado, also being a portion of the tract of land described in a deed recorded June 15, 2000, as Rec. No. 2000040027 in the records of the Clerk and Recorder’s office, in Larimer County, Colorado, said Temporary Easement being more particularly described as follows: Commencing at a point, whence the Center Quarter corner of said Section 34 (being a 3-¼” aluminum cap, stamped NORTHERN ENGINEERING, T7N R68W, C ¼ S34, 2012, LS 14823), bears S. 41º36’40” E., a distance of 243.92 feet, said point also being the TRUE POINT OF BEGINNING; 1. Thence S. 77°03'16" W., a distance of 55.36 feet; 2. Thence N. 12°56'44" W., a distance of 330.96 feet; 3. Thence N. 77°03'16" E., a distance of 55.36 feet; 4. Thence S. 12°56'44" E., a distance of 330.96 feet, more or less, to the TRUE POINT OF BEGINNING. The above described Temporary Easement contains 18,321 sq. ft. (0.421 acres), more or less. The purpose of the above-described Temporary Easement is for the construction of a bridge. Basis of Bearings: Bearings used in the calculations of coordinates are based on a grid bearing of N. 0º06’28” W. (a distance of 2,670.69 feet), from the said Center Quarter corner of said Section 34 to the North Quarter corner of Section 34 (being a 3-¼” aluminum cap, stamped T7N R68W, ¼ S27----S34, 1996, LS 25384), as obtained from a Global Positioning System (GPS) survey based on the Colorado High Accuracy Reference Network (CHARN). Prepared by: Kevin Williams P.L.S 28294 For and on the behalf of AECOM 6200 South Quebec Street Greenwood Village, Colorado 80111 Packe EXHIBIT "'" PROJECT NUMBER: IM 0253-255 PARCEL NUMBER: RW-256A PROJECT CODE: 21506 DATE: April 6, 2018 DESCRIPTION A tract or parcel of land No. RW-256A of the Department of Transportation, State of Colorado Project No. IM 0253-255, in the west half of Section 34, Township 7 North, Range 68 West, of the 6th Principal Meridian, in Larimer County, Colorado, also being a portion of the tract of land described in a deed recorded August 25, 2009, at Rec. No. 20090059093 in the records of the Clerk and Recorder’s office, in Larimer County, Colorado, said tract or parcel being more particularly described as follows: All that part of the southwest quarter of Section 34, Township 7 North, Range 68 West of the Sixth Principal Meridian, County of Larimer, State of Colorado, lying east of the East Right of Way line of Interstate Highway 25 (March 2018). Basis of Bearings: Bearings used in the calculations of coordinates are based on a grid bearing of N.0º05’56” W. (a distance of 2,642.71 feet), from the said South Quarter corner of Section 34 to the Center Quarter corner of said Section 34 (being a 3-¼” aluminum cap, stamped NORTHERN ENGINEERING, T7N R68W, C ¼ S34, 2012, LS 14823), as obtained from a Global Positioning System (GPS) survey based on the Colorado High Accuracy Reference Network (CHARN). Prepared by: Stan Vermilyea P.L.S 25381 For and on the behalf of AECOM 6200 South Quebec Street Greenwood Village, Colorado 80111 Packe Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY May 15, 2018 City Council STAFF Matt Robenalt, Executive Director Kristy Klenk, Financial Coordinator Travis Storin, Accounting Director Carrie M. Daggett, Legal SUBJECT Items Relating to the Downtown Development Authority Line of Credit Finance for 2019-2024. EXECUTIVE SUMMARY A. Resolution 2018-046 Approving an Intergovernmental Agreement Between the City of Fort Collins and the Fort Collins Downtown Development Authority Governing the Use of a Line of Credit. B. First Reading of Ordinance No. 066, 2018, Authorizing the Establishment of a Revolving Line of Credit to be Paid Solely with Downtown Development Authority Tax Increment Funds for a Six-Year Period in the Amount of up to Five Million Dollars Per Draw to Finance Downtown Development Authority Projects and Programs in Accordance with the Downtown Development Authority Plan of Development and Approving Related Documents. The purpose of this item is to renew the current Line of Credit (LOC) established in 2012 by the City on behalf of the Downtown Development Authority (DDA), which is scheduled to expire at the end of 2018. The City and DDA began taking steps earlier this year to renew this debt instrument with First National Bank for another six- year term, as it will be needed by the DDA to execute its projects and programs beginning in budget year 2019. The Board of Directors of the Downtown Development Authority believes it would be financially beneficial for the DDA and the community as a whole to renew the Line of Credit with First National Bank for a six-year period through adoption of Ordinance No. 066, 2018. The Line of Credit will be used to finance DDA projects and programs. Adoption of Resolution 2018-046 will approve the Second Intergovernmental Agreement (IGA), which provides the process steps by which the City and DDA engage the LOC. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION The DDA Act (C.R.S. 31-25-801, as amended) has inherent processes that require the City and the DDA to work collaboratively to achieve the purpose of the legislation. Among these expected collaborations is the process for financing DDA activities. In 2012, Council adopted Ordinance No. 089, 2012 and the City and DDA established a line of credit (LOC) with First National Bank to satisfy the statutory requirement to generate proceeds from debt to be used by the DDA to execute its projects and programs and implement the DDA’s Plan of Development. The tax increment revenues created each year by the private investment that has occurred downtown is used to pay off the debt. 7 Packet Pg. 67 Agenda Item 7 Item # 7 Page 2 A line of credit is also issued by municipalities in the jurisdictions of Colorado Springs, Castle Rock, Longmont and Greeley on behalf of their Downtown Development Authorities. The current LOC is scheduled to expire at the end of 2018. The City and DDA began taking steps earlier this year to renew this debt instrument with First National Bank for another six-year term, as it will be needed by the DDA to execute its projects and programs beginning in budget year 2019. Additionally, in 2012, Council approved Resolution 2012-081 and the DDA and City created an intergovernmental agreement (“IGA”) that established the process by which the two organizations would: • initiate requests for a draw from the LOC • verify tax increment revenue cash available to repay the debt • account for the loan proceeds released from the LOC, and • execute repayment with tax increment within 7 days of the initial LOC draw The Second IGA Governing a Line of Credit for Financing Downtown Development Authority Projects and Programs is also requested for approval by City Council to reflect the terms of the renewed LOC. Terms of LOC Renewal The renewed LOC will function and operate identically to the LOC established in 2012 in the following ways: • For the seven (7) day maximum period when there may be outstanding debt, the interest rate is set at Wall Street Journal (WSJ) Prime, which is currently 4.5% • Annual fee $750 The changes or differences with the renewed LOC are: • Maximum draw amount increased to $5,000,000, which is an increase over the maximum draw amount of $1,000,000 in the 2012 LOC. The City desires this increased amount as it will reduce the number of draws required to support DDA activities, and eliminate redundancy for City, DDA and bank staff to execute multiple draws.\ • Minimum finance charge increased to $350 per draw, which is an increase from the minimum charge of $250 in the 2012 LOC. • Maturity date is December 31, 2024, for an effective LOC operating period of six (6) years. The Promissory Note and Agreement from First National Bank is attached as Exhibit A to Ordinance No. 066, 2018. The draft Second IGA Governing a Line of Credit for Financing Downtown Development Authority Projects and Programs is attached to Resolution 2018-046 as Exhibit A. Benefits and Impacts of the LOC When the DDA and City began using the LOC financing approach in 2012, it provided benefits and positive impacts over the much more expensive forms of financing such as issuance of traditional revenue bonds or private-placement financing with banks and other investors. Using the LOC approach to finance DDA projects and programs results in a significantly shorter period of time in which the City debt incurs interest. This means that more funding is available to invest directly into projects and programs in the downtown, and less is spent on finance fees and interest expenses. Staff analyzed the savings from this approach during the term 2012-2018 of the original LOC against that of the other forms of traditional financing used by the City and DDA during the same time period. The financial savings is significant, as the total annual charges for draws against the credit line range from $1,000 to $1,750 depending on the number of draws initiated. 7 Packet Pg. 68 Agenda Item 7 Item # 7 Page 3 Since 2012, the LOC total interest and financing fees for $8,700,887 of principal debt was $7,250. In contrast, the total interest and finance fees for the City/DDA traditional financing approach using certificates of participation and private placement bonds for $15,279,063 of principal debt was $3,412,065. Other benefits and positive impacts using the LOC include: • Strong expression of fiduciary stewardship of public funds • Recognition that investment of tax increment funds, derived from property tax assessments of overlapping tax entities, creates positive growth in assessed value and thereby increased the value of the property tax base for all overlapping entities. (83% of the DDA tax increment comes from tax entities other than the City such as Larimer County and Poudre School District) • Funding partnerships of the DDA undertaken with the City and private sector have no cost of capital charges assessed to the projects • Every draw made on the LOC is paid off within seven (7) days, which means no effect at the end of the calendar year on the City’s fund balance or City Comprehensive Annual Financial Report. CITY FINANCIAL IMPACTS As mentioned previously, every draw made on the LOC is paid off within seven (7) days, which means no effect at the end of the calendar year on the City’s fund balance or City Comprehensive Annual Financial Report. BOARD / COMMISSION RECOMMENDATION On April 16, 2018, DDA staff presented information to the City Council Finance Committee, demonstrating the benefit of renewing the Line of Credit Financing for various projects. The Committee requested clarification on how lenders are selected and that the renewal of the LOC with First National Bank was consistent with City Purchasing Policies for supplier selection. A response memo from Finance and Purchasing staff is provided as Attachment 5, describing lender selection and specifically the approach for this LOC. The Council Finance and Audit Committee had no objections to moving forward with the renewal of the Line of Credit financing tool. DDA Board At its regular meeting on April 12, 2018, the DDA Board of Directors adopted Resolution 2018-02, recommending to the Fort Collins City Council the renewal of a Line of Credit with First National Bank for a six (6) year period with a maximum per-draw limit of five million dollars ($5,000,000) to be placed in the Downtown Development Authority’s Financing Activity Fund for expenditure on certain projects and programs in accordance with the Downtown Development Authority Plan of Development and the approval of the Intergovernmental Agreement governing the Line of Credit. PUBLIC OUTREACH Both the DDA Board of Directors regular meeting of April 12, 2018 and the Council Finance Committee meeting of April 16, 2018 were duly posted public meetings. ATTACHMENTS 1. Downtown Development Authority Boundary Map (PDF) 2. Downtown Development Authority Board Meeting minutes, April 12, 2018 (draft) (PDF) 3. Downtown Development Authority Resolution 2018-02 Renewal of Line of Credit (PDF) 4. Council Finance Committee minutes, April 16, 2018 (draft) (PDF) 5. Memo-Procurement of Lending Services for City Debt, May 10, 2018 (PDF) 7 Packet Pg. 69 Cache La Poudre River ³I ÕZYXW E Vine Dr Riverside Ave N College Ave S Lemay Ave S College Ave 9th St E Lincoln Ave S Mason St S Howes St E Mulberry St W Laurel St Laporte Ave Remington St W Mulberry St N Lemay Ave W Mountain Ave Jefferson St N Mason St N Howes St E S un i g a R d E Mountain Ave Remington St N L e may A v e Smith St E Elizabeth St Mathews St Peterson St Locust St E Myrtle St Stover St Whedbee St Linden St 12th St Maple St Cherry St Conifer St E Plum St W Oak St E Olive St W Olive St Willow St W Myrtle St Buckingham St E Oak St DDA Minutes April 12, 2018 pg. 2 Sales Tax Report: Jennifer Poznanovic, Revenue and Project Manager for the City of Fort Collins, was introduced. Though she has been in Fort Collins for about four years, she just recently joined the City. She noted that the current report contained three months of data from January – March 2018. Monthly reports will be distributed from this point on and City staff will present to the Board on a quarterly basis. ALLEY ENHANCEMENT CONSTRUCTION CONTRACT Todd Dangerfield presented the alley enhancement construction contract and explained the process for choosing Mountain Constructors for the 2018 alley renovation project. Of the two bids received, Mountain Constructors bid was within budget and they are a known entity on the Front Range. At the time of packet publication, the process to validate the award recommendation was still in progress pursuant to the City’s purchasing process. Since the distribution of the packer, staff, Ditesco, and the City reviewed the submittals and verified that all project proposal requirements, including qualifications and references, were satisfied. A draft of the general contractor agreement section of the overall project contract was distributed to the Board members. Moved by Mark Williams, seconded by Jenny Bramhall: To approve Section 00520 Agreement and authorize the Chair to execute the agreement with Mountain Constructors in the amount of $1,989,542 for the construction of the West Mountain and Old Firehouse/Seckner Alleys. The motion passed unanimously. SECOND IGA FOR LINE OF CREDIT Kristy Klenk presented a snapshot of the line of credit history and the process for renewing the current line of credit, which expires at the end of 2018. Ms. Klenk explained that staff had already met with First National Bank and City Finance staff to discuss the renewal for a six‐year term from 2019‐2024. It will be presented to Council Finance on Monday, April 16. The change of terms in the renewed line of credit include that the amount will be increased from $1,000,000 per draw to $5,000,000 per draw. This will save both City and Bank staff time. The minimum finance charge will also be increased from $250 per draw to $350 per draw. She reminded the Board that the line of credit satisfies the statutory requirement to generate proceeds from debt to be used by the DDA to execute its projects and programs and implement the DDA’s Plan of Development. Ms. Klenk then reviewed estimated line of credit funding requirements from 2019‐2024 and the projected tax increment collections from 2018‐2031. Justin Larson questioned how the tax increment growth is projected. Mr. Robenalt explained that because of the requirements of the DDA act extending the collection period, it is not a linear increase and that the rolling base provided a greater benefit to overlapping entities over time. Mr. Robenalt explained that the benefit of line of credit financing was the significant interest savings realized. The payback period is within seven days. The desired outcomes are to minimize costs, maximize tax increment for investment in the downtown, provide the best stewardship of resources, benefit overlapping entities, and maintain the long‐standing relationship with the City. The schedule going forward is to meet with Council Finance on April 16, then first reading at Council will occur on May 15 and second reading anticipated for June 5. Moved by Mark Williams, seconded by Bevin Parker: To approve Resolution 2018‐02 recommending to the City of Fort Collins the renewal of the line of Credit. The motion was approved unanimously. Moved by Mark Williams, seconded by Angel Kwiatkowski: To approve the Second Intergovernmental Agreement Governing a Line of Credit for Financing Downtown Development Authority Projects and Programs and authorize the Board Chair to execute the IGA upon adoption by City Council. The motion ATTACHMENT 2 7.2 Packet Pg. 71 Attachment: Downtown Development Authority Board Meeting minutes, April 12, 2018 (draft) (6745 : DDA Line of Credit 2019-2024) DDA Minutes April 12, 2018 pg. 3 further authorizes legal counsel to make minor language changes to the IGA that are of a non‐substantive nature and that will not materially affect the intent of the Agreement. The motion passed unanimously. PARTIAL RELEASE & PARTIAL TERMINATION OF FAÇADE EASEMENT: 223 WILLOW STREET (Josh Liley recused himself from the meeting as his firm has conflict on this item. Any legal matters regarding 223 Willow Street will be handled by alternate legal counsel Jim Martel who was not able to be present.) Matt Robenalt explained that the DDA originally invested $80,000 in the façade of the office building located at 223 Willow Street and that this request for a partial release and partial termination of the façade easement in no way affects the original DDA investment The purpose of the request is to avoid a situation that would create an unnecessary and undesired encumbrance on that portion of the parcel that is being sold by Schrader Oil to a buyer who intends to build a residential infill project on the site. The site is divided by a Union Pacific Railroad spur and was indicated on a parcel map that was provided. Justin Larson stated that another way to look at it is that if the parcel was severed before the DDA façade agreement, it would not have changed the DDA investment. Matt Robenalt added that the DDA action years ago moving the switching yard created this situation on the site. Angel Kwiatkowski asked if the new owners intend to come to the DDA requesting an investment. Mr. Robenalt stated that staff had been in conversation with the new owners about such a request. Moved by Mark Williams, seconded by Chris Aronson: To Approve the Partial Release and Partial Termination of the Agreement and Easement for 223 Willow Street, and authorize the Board Chair to execute this action with the owner of 223 Willow Street. The motion was approved unanimously. OTS SKATE RINK END OF SEASON REPORT Derek Getto presented the end‐of‐season skate rink report. A video of skaters using the rink was shown. The second season of the synthetic skate rink in the Square was characterized by several enhancements: increased size; a dasher board system replaced the picket fence; space heaters and throws for public use; a fully finished skate shed; increased maintenance of the surface. These improvements all created a better skating experience. Mark Williams asked about the cost which was $2 entry and $1 skate rental. The rink was open from Thanksgiving until Valentine’s Day and showed an almost 50% increase in users during 2017‐2018. Cost of operations was much higher during the first year. This year days/hours of use, staffing, and technology were all improved. Next season’s goals are to continue to evaluate operation hours, maintain efficiencies in staffing and maintenance, and look for opportunities for promotion and enhancement. Bohemian Foundation supported the program for the past two seasons. Justin Larson commented that the rink did an amazing job of enhancing the program in Old Town Square. Matt Robenalt added that it spurred activity and provided affordable entertainment. Derek Getto noted that the DBA rented the rink for First Night and provided a free attraction for that event. Mr. Larson said he understood the set up was challenging and asked if it would be easier going forward. Mr. Getto responded that the leveling and cutting for the expanded footprint had been difficult but should be easier going forward. Matt Robenalt ended the discussion stating that the rink would not be possible without the partners: Bohemian Foundation, City Parks, City Recreation, and staff members Derek Getto and Kristy Klenk. OTHER BUSINESS No other business was discussed. ADJOURN There being no further business the meeting adjourned at 8:40 a.m. 7.2 Packet Pg. 72 Attachment: Downtown Development Authority Board Meeting minutes, April 12, 2018 (draft) (6745 : DDA Line of Credit 2019-2024) ATTACHMENT 3 7.3 Packet Pg. 73 Attachment: Downtown Development Authority Resolution 2018-02 Renewal of Line of Credit (6745 : DDA Line of Credit 2019-2024) Finance Administration 215 N. Mason 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6788 970.221.6782 - fax fcgov.com Finance Committee Meeting Minutes 04/16/18 10 am ‐ noon CIC Room ‐ City Hall Council Attendees: Mayor Wade Troxell, Ross Cunniff, Ken Summers, Gerry Horak Staff: Darin Atteberry, Mike Beckstead, Travis Storin, Carrie Daggett, John Duval, Rachel Springob, Noelle Currell, Laurie Kadrich, Tim Kemp, Chad Crager, Kyle Lambrecht, Daniel Woodward, Martina Wilkinson, Kelly DiMartino, Wendy Williams, Andres Gavaldon, Joanne Cech, Lawrence Pollack, Zach Mozer, Jennifer Poznanovic, Jackie Thiel, Sue Beck‐Ferkiss, Beth Sowder Others: Matt Robenalt and Kristy Klenk, DDA Staff Kevin Jones (Chamber of Commerce), Dale Adamy (Citizen) David Rout, Executive Director of Homeless Gear Meeting called to order at 10:05 am by Mayor Troxell. Minutes approval for March 19, 2018 Council Finance Committee Meeting. Ross Cunniff made a motion to approve the minutes and Ken Summers seconded the motion. The minutes from the March 19th Council Finance Committee meeting were approved unanimously. A. DDA Credit Line Renewal Matt Robenalt, Executive Director, Downtown Development Authority Kristy Klenk, Finance Coordinator, Downtown Development Authority EXECUTIVE SUMMARY The current LOC established in 2012 by the City on behalf of the DDA is scheduled to expire at the end of 2018. The City and DDA began taking steps earlier this year to renew this debt instrument with First National Bank for another six‐year term, as it will be needed by the DDA to execute its projects and programs beginning in budget year 2019. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Does Council Finance recommend bringing the City’s renewal of the bank authorized Line of Credit, on behalf of the DDA, to Council? BACKGROUND/DISCUSSION ATTACHMENT 4 7.4 Packet Pg. 74 Attachment: Council Finance Committee minutes, April 16, 2018 (draft) (6745 : DDA Line of Credit 2019-2024) 2 The DDA Act (C.R.S. 31‐25‐801, as amended) has inherent processes that require the City and the DDA to work collaboratively to achieve the purpose of the legislation. Among these expected collaborations is the process for financing DDA activities. In 2012, Council adopted Ordinance No. 089, 2012 and the City and DDA established a line of credit (LOC) with First National Bank to satisfy the statutory requirement to generate proceeds from debt to be used by the DDA to execute its projects and programs and implement the DDA’s Plan of Development. The tax increment revenues created each year by the private investment that has occurred downtown is used to pay off the debt. The current LOC is scheduled to expire at the end of 2018. The City and DDA began taking steps earlier this year to renew this debt instrument with First National Bank for another six‐year term, as it will be needed by the DDA to execute its projects and programs beginning in budget year 2019. Additionally, in 2012, Council approved Resolution 2012‐081 and the DDA and City created an intergovernmental agreement (“IGA”) that established the process by which the two organizations would: • initiate requests for a draw from the LOC • verify tax increment revenue cash available to repay the debt • account for the loan proceeds released from the LOC, and • execute repayment with tax increment within 7 days of the initial LOC draw The Second IGA Governing a Line of Credit for Financing Downtown Development Authority Projects and Programs is also requested for approval by City Council to reflect the terms of the renewed LOC. Terms of LOC Renewal The renewed LOC will function and operate identically to the LOC established in 2012 in the following ways: • For the seven (7) day maximum period when there may be outstanding debt, the interest rate is set at Wall Street Journal (WSJ) Prime, which is currently 4.5% • Annual fee $750 The changes or differences with the renewed LOC are: • Maximum draw amount increased to $5,000,000, which is an increase over the maximum draw amount of $1,000,000 in the 2012 LOC. The City desires this increased amount as it will reduce the number of draws required to support DDA activities, and eliminate redundancy for City, DDA and bank staff to execute multiple draws. • Minimum finance charge increased to $350 per draw, which is an increase from the minimum charge of $250 in the 2012 LOC. • Maturity date is December 31, 2024, for an effective LOC operating period of six (6) years. The Promissory Note & Agreement from First National Bank is attached. Also attached is the draft Second IGA Governing a Line of Credit for Financing Downtown Development Authority Projects and Programs. Benefits and Impacts of the LOC 7.4 Packet Pg. 75 Attachment: Council Finance Committee minutes, April 16, 2018 (draft) (6745 : DDA Line of Credit 2019-2024) 3 When the DDA and City began using the LOC financing approach in 2012, it provided benefits and positive impacts over the much more expensive forms of financing such as issuance of traditional revenue bonds or private‐placement financing with banks and other investors. Using the LOC approach to finance DDA projects and programs results in a significantly shorter period of time in which the City debt incurs interest. This means that more funding is available to invest directly into projects and programs in the downtown, and less is spent on finance fees and interest expenses. Staff analyzed the savings from this approach during the term 2012‐2018 of the original LOC against that of the other forms of traditional financing used by the City and DDA during the same time period. The financial savings is significant. Since 2012, the LOC total interest and financing fees for $8,700,887 of principal debt was $7,250. In contrast, the total interest and finance fees for the City/DDA traditional financing approach using certificates of participation and private placement bonds for $15,279,063 of principal debt was $3,412,065. Other benefits and positive impacts using the LOC include: • Strong expression of fiduciary stewardship of public funds • Recognition that investment of tax increment funds, derived from property tax assessments of overlapping tax entities, creates positive growth in assessed value and thereby increased the value of the property tax base for all overlapping entities. (83% of the DDA tax increment comes from tax entities other than the City such as Larimer County and Poudre School District) • Funding partnerships of the DDA undertaken with the City and private sector have no cost of capital charges assessed to the projects • Every draw made on the LOC is paid off within seven (7) days, which means no effect at the end of the calendar year on the City’s fund balance or City Comprehensive Annual Financial Report Next Steps & Key Dates The following key dates outline the remaining steps in the schedule to implement the LOC renewal: 4/12/18 DDA Board of Directors Resolution Recommending to the Fort Collins City Council the Renewal of a Line of Credit, and adoption of Second IGA Governing a Line of Credit for Financing Downtown Development Authority Projects and Programs 5/15/18 City Council 1st reading of Ordinance approving LOC renewal, and Resolution to approve Second IGA Governing a Line of Credit for Financing Downtown Development Authority Projects and Programs 6/5/18 City Council 2nd Reading of Ordinance approving LOC Discussion / Next Steps: Intent to increase draw amount to $5m to reduce number of steps repeated – simplify process 7.4 Packet Pg. 76 Attachment: Council Finance Committee minutes, April 16, 2018 (draft) (6745 : DDA Line of Credit 2019-2024) 4 Ross Cunniff; support of concept ‐ questions that would be helpful for Council to know the answers to ‐ What was the original reason for limiting to the draw to $1m? Matt Robenalt; That was the need at that time ‐ in 2012 the DDA was subject to the share back with overlapping entities – as a result we saw a reduction of 68% ‐ we were operating on a very limited amount of funding so the need was not there for that amount Ross Cunniff; you refer to the Capital Improvement Plan as a driver Matt Robenalt; The DDA has an internal multi‐year Capital Improvement Plan that we operate with which includes alley investments, enhanced alleyways, etc. Ross Cunniff; Is this a document you could share? Matt Robenalt: We would be happy to send this document to you for your reference ‐ it was created in 2015 by the DDA and has been consistently updated and funds allocated each February Ross Cunniff; is there any requirements or common practice with respect to a RFP process for selecting lenders? Does the City have or should it have a policy? What is the industry practice? Mike Beckstead; I would like to confirm but I believe we did an RFP back in 2012 when we first did this. Matt Robenalt; we received 3 proposals from different banks and First National offered the best terms. Travis Storin; it is part of the exiting banking services contract that the City has with First National Bank We work with purchasing to make sure the agreement is broad enough to cover the line of credit. Ross Cunniff; we recently passed an ordinance allowing a bid free renewal of a contract ‐ would that be prudent is this case to do this On Consent ‐ common practice? Not opposed to going with the same people. Mike Beckstead; Yes, the general practice is to go with an RFP ‐ We did this when we first set this up ‐ we were in a situation with great customer service and an active contract with FNB with the ability to integrate into an existing contract ‐ We could have done an RFP ‐ Travis Storin; 2012 ‐ cost of capital with FNB was a prevailing factor ‐ other respondents Ross Cunniff; If you can articulate the benefits to the city and to the DDA of not doing an RFP as an exception to our process ‐ we should bring this forward to Council Mike Beckstead; this is not something a bank makes much money on ‐ this is more of a good community service for FNB to do to support the community and the Downtown Development Agency ‐ I don’t think the outcome would be any different – we will include with the AIS Ken Summers: I am good with this 7.4 Packet Pg. 77 Attachment: Council Finance Committee minutes, April 16, 2018 (draft) (6745 : DDA Line of Credit 2019-2024) ATTACHMENT 5 7.5 Packet Pg. 78 Attachment: Memo-Procurement of Lending Services for City Debt, May 10, 2018 (6745 : DDA Line of Credit 2019-2024) 7.5 Packet Pg. 79 Attachment: Memo-Procurement of Lending Services for City Debt, May 10, 2018 (6745 : DDA Line of Credit 2019-2024) -1- RESOLUTION 2018-046 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY GOVERNING THE USE OF A LINE OF CREDIT WHEREAS, on April 21, 1981, the City Council adopted Ordinance No. 046, 1981, establishing the Fort Collins, Colorado Downtown Development Authority (“DDA”); and WHEREAS, the DDA has been duly organized in accordance with the Colorado Revised Statutes 31-25-801, et seq.; and WHEREAS, at the November 7, 2006, general election, a City-initiated measure to authorize the issuance of bonds for DDA projects through debt of up to $150,000,000, with a repayment cost of up to $250,000,000, was approved by the votersqualified electors as provided C.R.S, Title 31, Article 25, Part 8; and WHEREAS, in 2012, the Board of Directors of the DDA recommended to the City Council through the adoption of Resolution 2012-02, the establishment of a revolving line of credit for a six-year period in the amount of one million dollars annually to finance DDA projects and programs in accordance with its approved Plan of Development, the Downtown Plan and the Downtown Strategic Plan; and WHEREAS, in 2012, the City Council adopted Resolution 2012-081, approving an intergovernmental agreement between the City and the DDA to govern the use of the DDA line of credit, and Ordinance No. 089, 2012, authorizing the establishment of a revolving line of credit, as described above; and WHEREAS, the City and the DDA entered into that intergovernmental agreement, and implemented its terms, and the line of credit arrangement established in 2012 is scheduled to expire at the end of 2018; and WHEREAS, in order to renew and update the line of credit arrangement, staff of the City and the DDA have negotiated a new instrument and related documents that would renew the line of credit for a six-year period, and increase the limit on the line of credit limit to a maximum draw of five million dollars to reduce the number of draws required to support DDA activities, thus reducing the inefficiencies in the original arrangement; and WHEREAS, the Board of Directors of the DDA has recommended to the City Council through the adoption of Resolution 2018-02, the establishment of a revolving line of credit for a six-year period in the maximum amount of five million dollars per draw (“Line of Credit”), with such other terms and conditions as are set forth in the financing documents, a copy of which are on file in the office of the City Clerk and available for public inspection (the “LOC Documents”), to finance DDA projects and programs in accordance with its approved Plan of Development, the Downtown Plan and the Downtown Strategic Plan; and -2- WHEREAS, the establishment of the Line of Credit for such purpose would be financially beneficial for the DDA and the community as a whole; and WHEREAS, the City is authorized to enter into intergovernmental agreements, such as a grant agreement, to provide any function, service or facility, under Article II, Section 16 of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S.; and WHEREAS, the City desires to enter into an intergovernmental agreement between the City and the DDA regarding the establishment of the Line of Credit and governing its use in the form attached hereto and incorporated herein as Exhibit “A” (the “IGA”). NOW, THEREFORE, BE IT RESOLVED BY 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 Mayor is hereby authorized to execute the IGA on behalf of the City, in substantially the form contained in Exhibit “A” attached hereto and incorporated herein by this reference, subject to such modifications and additions as may be deemed necessary or appropriate by the City Manager, in consultation with the City Attorney, in order to protect the interests of the City or to further the purposes of the Agreement or this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of May, A.D. 2018. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk 1 SECOND INTERGOVERNMENTAL AGREEMENT GOVERNING A LINE OF CREDIT FOR FINANCING DOWNTOWN DEVELOPMENT AUTHORITY PROJECTS AND PROGRAMS This INTERGOVERNMENTAL AGREEMENT (“IGA”) is entered into this _____ day of _______________, 2018, by and between THE FORT COLLINS, COLORADO DOWNTOWN DEVELOPMENT AUTHORITY, a body corporate and politic ( the “DDA”) and THE CITY OF FORT COLLINS, COLORADO, a Colorado municipal corporation (the “City”). WITNESSETH: WHEREAS, the DDA has been created pursuant to the provisions of Title 31, Article 25, part 8, Colorado Revised Statutes, and Chapter 2, Article IV, Division 1 of the City Code (the “DDA Statute”); and WHEREAS, the DDA Statute has declared that the organization of downtown development authorities will serve a public use; promote the health, safety, prosperity, security, and general welfare of the inhabitants thereof and of the people of this state; will halt or prevent deterioration of property values or structures within central business districts; halt or prevent the growth of blighted areas within such district, and assist municipalities in the development and redevelopment of downtowns and in the overall planning to restore or provide for the continuance of the health thereof; and WHEREAS, the DDA provides an invaluable service to the City by promoting the health, safety, prosperity, security and general welfare of those living and working within its boundaries; and WHEREAS, pursuant to C.R.S. §31-25-808(1)(f), the DDA is empowered to enter into contracts with governmental agencies and public bodies in furtherance of the statutory mission of the DDA; and WHEREAS, Article II, Section 16 of the City Charter empowers the City Council of the City, by ordinance or resolution, to enter into contracts with other governmental bodies to furnish governmental services and make charges for such services or enter into cooperative or joint activities with other governmental bodies; and WHEREAS, the primary means of financing DDA projects and programs is through the use of property tax increment collected within the DDA boundaries, and C.R.S. §31-25- 807(3)(a)(II) requires that the City incur some form of debt in order to finance such projects and programs using property tax increment revenues collected within the DDA boundaries; and WHEREAS, a line of credit established by the City with a financial institution meets the requirements of C.R.S. §31-25-807(3)(a)(II), and the costs and interest associated with such a line of credit are much lower that would be the case with other types of financing; and EXHIBIT A 1 Packet Pg. 82 Attachment: Exhibit A - IGA (6797 : DDA Line of Credit 2019-2024 RESO) 2 WHEREAS, it is in the best interests of both the DDA and the City to reduce financing costs of DDA projects and programs in order to preserve the maximum amount of property tax increment revenues for DDA projects and programs within its boundaries; and WHEREAS, on October 15, 2012, the parties entered in that certain agreement entitled “Intergovernmental Agreement Governing a Line of Credit for Financing Downtown Development Authority Projects and Programs” which established a line of credit to finance certain DDA projects and programs and defined the process for use of such line of credit (the “2012 IGA”); and WHEREAS, the term of the 2012 IGA is for six (6) years, expiring December 31, 2018; and WHEREAS, the parties desire to enter into this IGA for the purpose of extending the Line of Credit established in the 2012 IGA for an additional six (6) years, with an increased per- draw limit of Five Million Dollars ($5,000,000), on the same general terms and conditions contained in the 2012 IGA. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties as hereafter provided and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. TERM. The term of this IGA shall commence upon execution by the parties and continue through December 31, 2024 (“Term”), unless earlier terminated by mutual agreement. 2. LINE OF CREDIT. Attached hereto as Exhibit A, and incorporated herein by reference, is a copy of the Promissory Note and Agreement (the “LOC Agreement”) between the City and First National Bank of Omaha (“First National Bank”) establishing an annual revolving line of credit, renewable each fiscal year of the Term for the benefit of the City on behalf of the DDA, and which, in addition to other terms and conditions for its use, provides for a maximum per-draw limit of Five Million Dollars ($5,000,000) (the “Line of Credit”). The City Council on ______________ adopted Ordinance No, ____, 2018 on second reading approving the LOC Agreement and authorizing the Chief Financial Officer to execute the LOC Agreement. The City shall execute the LOC Agreement and shall take such other actions as may be necessary to have the Line of Credit available for draw no later than January 1, 2019. 3. REQUIREMENTS FOR DRAWS ON LINE OF CREDIT. Any draw on the Line of Credit by the City during the Term shall be in accordance with all of the following requirements: 1 Packet Pg. 83 Attachment: Exhibit A - IGA (6797 : DDA Line of Credit 2019-2024 RESO) 3 3.1 The DDA Board shall annually adopt a resolution approving its budget and shall adopt a resolution recommending the City Council of the City appropriate DDA monies to fund the DDA budget; and 3.2 The City Council of the City shall annually approve the DDA budget and by ordinance appropriate funds therefor, including funds for debt service for the Line of Credit and expenditure of the Line of Credit proceeds, as applicable; and 3.3 Any draw on the Line of Credit shall be used only to pay the costs of DDA projects and programs approved in the annual DDA budget and for which funds have been appropriated by the City; and 3.4 The sequence of steps for drawing on the line of credit shall be as depicted in the flowchart contained in Exhibit B, attached hereto and incorporated herein by reference; and 3.5 Prior to any draw on the Line of Credit, the DDA’s Executive Director shall determine and report to the City’s Chief Financial Officer the current level of total debt that has at that time been issued under the existing voter authorization for DDA debt and further shall verify and report to the City’s Chief Financial Officer that there are sufficient tax increment monies in the DDA’s Debt Service Fund to replenish the Line of Credit in the amount of the draw and the interest cost. The DDA’s Executive Director shall supply the City’s Chief Financial Officer with documentation supporting such determinations and reporting, with examples of the documentation to be supplied being depicted in Exhibits C-1 through C-6, attached hereto and incorporated herein by reference. The City’s Chief Financial Officer shall review such information and documentation reported, and shall make no draw on the Line of Credit in excess of such available debt authorization or such available tax increment monies; and 3.6 The City’s Chief Financial Officer shall have the authority to request any draw on the Line of Credit consistent with the LOC Agreement, upon written request by the DDA’s Executive Director; and 3.7 Upon receipt of funds from First National Bank, the City’s Chief Financial Officer shall cause the proceeds from the related Line of Credit draw to be available to the DDA; and 3.8 At the time of a draw request, the City’s Chief Financial Officer will initiate such action as is necessary to repay the draw using funds from the DDA’s Debt Service Fund within seven (7) working days of receipt of the draw, such that the Line of Credit is fully replenished to its Five Million Dollars ($5,000,000) limit of available credit within seven (7) working days of receipt of each such draw. 4. EARLY TERMINATION In the event that for any reason the Line of Credit is terminated, the parties agree that they will work together in good faith to secure another line of credit that meets the purposes of this IGA, subject to such City Council and DDA Board approval as may be required. In 1 Packet Pg. 84 Attachment: Exhibit A - IGA (6797 : DDA Line of Credit 2019-2024 RESO) 4 such event, any such new letter of credit shall be subject to the provisions of, but shall not require an amendment to, this IGA. 5. NOTICE. All notices to be given to parties hereunder shall be in writing and shall be sent by certified mail to the addresses specified below: DDA: Downtown Development Authority Attn: Executive Director 19 Old Town Square, Suite 230 Fort Collins, CO 80524 With a copy to: Lucia A. Liley, Esq. Liley Law Offices 419 Canyon Avenue, Suite 220 Fort Collins, CO 80521 CITY: City of Fort Collins Attn: Chief Financial Officer 215 North Manson Street Fort Collins, CO 80524 With a copy to: City of Fort Collins Attn: City Attorney 300 LaPorte Avenue Fort Collins, CO 80521 6. THIRD PARTY BENEFICIARIES. This IGA shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. 7. GOVERNING LAW/SEVERABILITY. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this IGA. In the event any provision of this IGA shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this IGA. 8. 2012 IGA. The parties agree that this IGA shall not supersede the 2012 IGA. The 2012 IGA shall remain in full force and effect until expiration or termination, as provided for therein. 1 Packet Pg. 85 Attachment: Exhibit A - IGA (6797 : DDA Line of Credit 2019-2024 RESO) 5 IN WITNESS WHEREOF, the parties have executed this IGA the day and year first above written. CITY OF FORT COLLINS, COLORADO, a Colorado municipal corporation By: ____________________________________ Darin A. Atteberry, City Manager APPROVED AS TO FORM: ____________________________________ City Attorney ATTEST: ____________________________________ Delynn Coldiron, City Clerk THE FORT COLLINS, COLORADO, DOWNTOWN DEVELOPMENT AUTHORITY, a body corporate and politic By: ____________________________________ Justin Larson, Chair ATTEST: _____________________________________ Cheryl Zimlich, Secretary 1 Packet Pg. 86 Attachment: Exhibit A - IGA (6797 : DDA Line of Credit 2019-2024 RESO) 3520,6625<127( $1' $*5((0(17 %RUURZHU 7KH&LW\2I)RUW&ROOLQV&RORUDGR 1RUWK0DVRQ6WUHHW )RUW&ROOLQV&2 /HQGHU )LUVW1DWLRQDO%DQNRI2PDKD %UDQFK :2DN6WUHHW )RUW&ROOLQV&2 3ULQFLSDO$PRXQW 'DWHRI1RWH 0DUFK 7+,6 3520,6625< 127( $1' $*5((0(17 WKH ³1RWH´ DQG%RUURZHU 'HIDXOWLQ)DYRURI7KLUG3DUWLHV%RUURZHUGHIDXOWVXQGHUDQ\ORDQH[WHQVLRQRIFUHGLWVHFXULW\DJUHHPHQWSXUFKDVHRUVDOHVDJUHHPHQWRU DQ\RWKHUDJUHHPHQWLQIDYRURIDQ\RWKHUFUHGLWRURUSHUVRQWKDWPD\PDWHULDOO\DIIHFW%RUURZHU VDELOLW\WRUHSD\WKLV1RWHRUSHUIRUP%RUURZHU V REOLJDWLRQVXQGHUWKLV1RWHRUDQ\RIWKHUHODWHGGRFXPHQWV )DOVH6WDWHPHQWV$Q\ZDUUDQW\UHSUHVHQWDWLRQRUVWDWHPHQWPDGHRUIXUQLVKHGWR/HQGHUE\%RUURZHURURQ%RUURZHU VEHKDOIXQGHUWKLV1RWH RUWKHUHODWHGGRFXPHQWVLQFRQQHFWLRQZLWKWKHREWDLQLQJRIWKHORDQHYLGHQFHGE\WKLV1RWHRUDQ\VHFXULW\GRFXPHQWGLUHFWO\RULQGLUHFWO\VHFXULQJ UHSD\PHQWRIWKLV1RWHLVIDOVHRUPLVOHDGLQJLQDQ\PDWHULDOUHVSHFWHLWKHUQRZRUDWWKHWLPHPDGHRUIXUQLVKHGRUEHFRPHVIDOVHRUPLVOHDGLQJDW DQ\WLPHWKHUHDIWHU ,QVROYHQF\7KHGLVVROXWLRQRUWHUPLQDWLRQRI%RUURZHU VH[LVWHQFHDVDJRLQJEXVLQHVVWKHLQVROYHQF\RI%RUURZHUWKHDSSRLQWPHQWRIDUHFHLYHU IRU DQ\ SDUW RI %RUURZHU V SURSHUW\ DQ\ DVVLJQPHQW IRU WKH EHQHILW RI FUHGLWRUV DQ\ W\SH RI FUHGLWRU ZRUNRXW RU WKH FRPPHQFHPHQW RI DQ\ SURFHHGLQJXQGHUDQ\EDQNUXSWF\RULQVROYHQF\ODZVE\RUDJDLQVW%RUURZHU &UHGLWRU RU )RUIHLWXUH 3URFHHGLQJV &RPPHQFHPHQW RI IRUHFORVXUH RU IRUIHLWXUH SURFHHGLQJV ZKHWKHU E\ MXGLFLDO SURFHHGLQJ VHOIKHOS UHSRVVHVVLRQ RUDQ\ RWKHUPHWKRGE\ DQ\ FUHGLWRU RI%RUURZHU RU E\ DQ\ JRYHUQPHQWDO DJHQF\ DJDLQVW DQ\ FROODWHUDO VHFXULQJ WKH ORDQ 7KLV LQFOXGHVDJDUQLVKPHQWRIDQ\RI%RUURZHU VDFFRXQWVLQFOXGLQJGHSRVLWDFFRXQWVZLWK/HQGHU+RZHYHUWKLV(YHQWRI'HIDXOWVKDOOQRWDSSO\LI WKHUHLVDJRRGIDLWKGLVSXWHE\%RUURZHUDVWRWKHYDOLGLW\RUUHDVRQDEOHQHVVRIWKHFODLPZKLFKLVWKHEDVLVRIWKHFUHGLWRURUIRUIHLWXUHSURFHHGLQJ DQGLI%RUURZHUJLYHV/HQGHUZULWWHQQRWLFHRIWKHFUHGLWRURUIRUIHLWXUHSURFHHGLQJDQGGHSRVLWVZLWK/HQGHUPRQLHVRUDVXUHW\ERQGIRUWKHFUHGLWRU RUIRUIHLWXUHSURFHHGLQJLQDQDPRXQWGHWHUPLQHGE\/HQGHULQLWVVROHGLVFUHWLRQDVEHLQJDQDGHTXDWHUHVHUYHRUERQGIRUWKHGLVSXWH ([HFXWLRQ $WWDFKPHQW $Q\ H[HFXWLRQ RU DWWDFKPHQW LV OHYLHG DJDLQVW WKH &ROODWHUDO DQG VXFK H[HFXWLRQ RU DWWDFKPHQW LV QRW VHW DVLGH GLVFKDUJHGRUVWD\HGZLWKLQWKLUW\ WRREWDLQDQGYHULI\WKHLGHQWLW\RIHDFKSHUVRQRUEXVLQHVVWKDWRSHQVDQDFFRXQW:KHQ%RUURZHURSHQVDQDFFRXQW/HQGHUZLOODVN%RUURZHUIRU LQIRUPDWLRQWKDWZLOODOORZ/HQGHUWRSURSHUO\LGHQWLI\%RUURZHUDQG/HQGHUZLOOYHULI\WKDWLQIRUPDWLRQ,I/HQGHUFDQQRWSURSHUO\YHULI\LGHQWLW\ZLWKLQ FDOHQGDUGD\V/HQGHUUHVHUYHVWKHULJKWWRGHHPDOORIWKHEDODQFHDQGDFFUXHGLQWHUHVWGXHDQGSD\DEOHLPPHGLDWHO\ (/(&7521,&&23,(6/HQGHUPD\FRS\HOHFWURQLFDOO\RURWKHUZLVHDQGWKHUHDIWHUGHVWUR\WKHRULJLQDOVRIWKLV$JUHHPHQWDQGRU5HODWHG'RFXPHQWV LQWKHUHJXODUFRXUVHRI/HQGHU’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acket Pg. 91 Attachment: Exhibit A - IGA (6797 : DDA Line of Credit 2019-2024 RESO) ĐƚƵĂů ĐƚƵĂů &ŽƌĞĐĂƐƚ &ŽƌĞĐĂƐƚ &ŽƌĞĐĂƐƚ &ŽƌĞĐĂƐƚ &ŽƌĞĐĂƐƚ &ŽƌĞĐĂƐƚ &ŽƌĞĐĂƐƚ ƵĚŐĞƚzĞĂƌ ϮϬϭϲ ϮϬϭϳ ϮϬϭϴ ϮϬϭϵ ϮϬϮϬ ϮϬϮϭ ϮϬϮϮ ϮϬϮϯ ϮϬϮϰ &ƵŶĚĂůĂŶĐĞ ϭ͕ϲϵϰ͕ϯϭϭ ϭ͕ϱϲϮ͕Ϯϲϰ ϭ͕ϯϳϴ͕ϬϮϱ ϭ͕ϰϰϭ͕ϱϯϳ ϭ͕ϰϰϰ͕ϬϭϮ ϭϵϮ͕ϱϱϬ ϭϴϱ͕ϯϬϮ ϭϴϱ͕ϯϬϮ ϭϴϯ͕ϭϬϮ Z s Eh ^ dĂdž/ŶĐƌĞŵĞŶƚ ϯ͕ϴϳϭ͕ϳϵϯ ϰ͕Ϭϱϳ͕ϱϯϬ ϰ͕ϵϲϬ͕ϱϭϳ ϱ͕ϮϱϬ͕ϰϴϵ ϱ͕ϱϱϳ͕ϰϭϮ ϱ͕ϴϴϮ͕Ϯϳϲ ϲ͕ϮϮϲ͕ϭϯϬ ϲ͕ϱϵϬ͕Ϭϴϱ ϲ͕ϵϳϱ͕ϯϭϱ WůƵƐ͗tŽŽĚǁĂƌĚdĂdž/ŶĐƌĞŵĞŶƚ ϰϭϰ͕Ϯϱϯ ϱϲϰ͕ϭϱϭ ϱϵϭ͕Ϯϰϴ ϭ͕Ϭϳϱ͕Ϯϱϰ ϭ͕Ϭϳϱ͕Ϯϱϰ ϭ͕Ϭϳϱ͕Ϯϱϰ ϭ͕Ϭϳϱ͕Ϯϱϰ ϭ͕Ϭϳϱ͕Ϯϱϰ ϭ͕Ϭϳϱ͕Ϯϱϰ /ŶǀĞƐƚŵĞŶƚ ĂƌŶŝŶŐƐ ;ϮϱͿ Ϯϴ͕Ϭϯϭ ϮϮ͕Ϭϰϴ Ϯϯ͕Ϭϲϱ Ϯϯ͕ϭϬϰ ϯ͕Ϭϴϭ Ϯ͕ϵϲϱ Ϯ͕ϵϲϱ Ϯ͕ϵϯϬ dKd>Z s Eh ^ ϰ͕Ϯϴϲ͕ϬϮϭ ϰ͕ϲϰϵ͕ϳϭϮ ϱ͕ϱϳϯ͕ϴϭϯ ϲ͕ϯϰϴ͕ϴϬϴ ϲ͕ϲϱϱ͕ϳϳϬ ϲ͕ϵϲϬ͕ϲϭϭ ϳ͕ϯϬϰ͕ϯϰϵ ϳ͕ϲϲϴ͕ϯϬϰ ϴ͕Ϭϱϯ͕ϰϵϴ KDD/dd yW E/dhZ ^ /ŶǀĞƐƚŵĞŶƚ^ĞƌǀŝĐĞŚĂƌŐĞ ϭϲϯ ϭϰϲ ϭϱϬ ϭϱϬ ϭϱϬ ϭϱϬ ϭϱϬ ϭϱϬ ϭϱϬ tŽŽĚǁĂƌĚŽŶĚ/ƐƐƵĞĞďƚ ϯϬϮ͕ϰϬϱ ϰϭϭ͕ϴϯϬ ϰϯϭ͕ϲϭϭ ϳϯϭ͕ϭϳϯ ϳϯϭ͕ϭϳϯ ϳϯϭ͕ϭϳϯ ϳϯϭ͕ϭϳϯ ϳϯϭ͕ϭϳϯ ϳϯϭ͕ϭϳϯ ϮϬϭϬŽŶĚ/ƐƐƵĞĞďƚ ϭ͕ϴϬϲ͕ϬϮϴ ϭ͕ϴϬϵ͕ϴϰϭ ϭ͕ϴϭϵ͕ϵϵϳ ϭ͕ϳϵϯ͕ϳϱϱ ϭ͕ϰϮϯ͕ϰϯϬ ŝǀŝĐĞŶƚĞƌWĂƌŬŝŶŐ>ĞĂƐĞ Ϯϳϰ͕ϴϯϮ Ϯϳϱ͕ϵϲϴ ϮϳϮ͕ϳϲϯ ϯϬϬ͕ϬϬϬ ϯϬϬ͕ϬϬϬ ϯϬϬ͕ϬϬϬ ϯϬϬ͕ϬϬϬ ϯϬϬ͕ϬϬϬ ϯϬϬ͕ϬϬϬ DƵůƚŝzĞĂƌZĞŝŵďƵƌƐĞŵĞŶƚƐWƌŝŽƌzĞĂƌ^ĂǀŝŶŐƐнŽůůĞĐƚŝŽŶƐ ;ϭϯ͕ϯϲϴͿ ϯϲ͕ϴϳϴ ;ϭϴϴ͕ϴϬϱͿ dŽƚĂůDƵůƚŝzĞĂƌZĞŝŵďƵƌƐĞŵĞŶƚƐĨƚĞƌ^ĂǀŝŶŐƐнŽůůĞĐƚŝŽŶƐ ϮϱϬ͕ϱϵϮ ϰϮϯ͕Ϭϱϳ Ϯϲϰ͕ϳϰϭ ϳϱϯ͕ϴϲϯ ϳϵϴ͕ϴϱϭ ϳϳϮ͕ϮϳϬ ϲϰϬ͕ϰϴϵ ϲϰϬ͕ϰϴϯ ϲϬϬ͕ϰϴϳ DƵƐĞƵŵŽĨŝƐĐŽǀĞƌLJ ϱϬϬ͕ϬϬϬ ϮϱϬ͕ϬϬϬ ŽǁŶƚŽǁŶZŝǀĞƌŝƐƚƌŝĐƚͲ:ĞĨĨĞƌƐŽŶ^ƚƌĞĞƚ Ϯϯϱ͕ϬϬϬ tŚŝƚĞǁĂƚĞƌWĂƌŬŽŵŵŝƚŵĞŶƚ Ϯϳ͕ϯϬϬ dKd>KDD/dD Ed^ ϯ͕ϯϲϵ͕Ϭϭϵ ϯ͕ϭϵϴ͕ϭϰϭ Ϯ͕ϳϴϵ͕Ϯϲϭ ϯ͕ϱϳϴ͕ϵϰϭ ϯ͕Ϯϱϯ͕ϲϬϰ ϭ͕ϴϬϯ͕ϱϵϯ ϭ͕ϲϳϭ͕ϴϭϮ ϭ͕ϲϳϭ͕ϴϬϲ ϭ͕ϲϯϭ͕ϴϭϬ WƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚ&ĞĞƐ ϲϳ͕ϬϬϬ ϳϬ͕ϬϬϬ ϯϰ͕ϱϬϵ ϯϮ͕ϳϴϰ ϯϭ͕ϭϰϰ Ϯϵ͕ϱϴϳ Ϯϴ͕ϭϬϴ Ϯϲ͕ϳϬϮ Ϯϱ͕ϯϲϳ ĂƉŝƚĂůƐƐĞƚDĂŝŶƚĞŶĂŶĐĞKďůŝŐĂƚŝŽŶƐ ϭϴϯ͕ϴϱϰ ϯϱϬ͕ϭϵϭ ϰϬϮ͕ϱϴϰ ϰϲϯ͕ϱϬϬ ϰϳϳ͕ϰϬϱ ϰϵϭ͕ϳϮϳ ϱϬϲ͕ϰϳϵ ϱϮϭ͕ϲϳϯ ϲϭϮ͕ϯϮϰ dKd>WD& ^ΘD/Ed EE &hE^ ϮϱϬ͕ϴϱϰ ϰϮϬ͕ϭϵϭ ϰϯϳ͕Ϭϵϯ ϰϵϲ͕Ϯϴϰ ϱϬϴ͕ϱϰϵ ϱϮϭ͕ϯϭϰ ϱϯϰ͕ϱϴϳ ϱϰϴ͕ϯϳϲ ϲϯϳ͕ϲϵϭ hEKDD/dd /^Z d/KEZz&hE^ ϳϵϴ͕ϭϵϲ ϭ͕Ϯϭϱ͕ϲϭϵ Ϯ͕Ϯϴϯ͕ϵϰϲ Ϯ͕Ϯϳϭ͕ϭϬϵ ϰ͕ϭϰϱ͕Ϭϳϵ ϰ͕ϲϰϮ͕ϵϱϮ ϱ͕Ϭϵϳ͕ϵϱϬ ϱ͕ϰϱϬ͕ϯϮϮ ϱ͕ϳϴϴ͕ϭϳϬ &hE>E ϭ͕ϱϲϮ͕Ϯϲϰ ϭ͕ϯϳϴ͕ϬϮϱ ϭ͕ϰϰϭ͕ϱϯϳ ϭ͕ϰϰϰ͕ϬϭϮ ϭϵϮ͕ϱϱϬ ϭϴϱ͕ϯϬϮ ϭϴϱ͕ϯϬϮ ϭϴϯ͕ϭϬϮ ϭϳϴ͕ϵϮϵ &hE>E >>Kd/KE^ ZĞƐĞƌǀĞƐ ZĞƐƚƌŝĐƚĞĚͲZĞƋƵŝƌĞĚďLJ'tĂŶŬĨŽƌŽŶĚ ϭ͕ϮϱϬ͕ϬϬϬ ϭ͕ϮϱϬ͕ϬϬϬ ϭ͕ϮϱϬ͕ϬϬϬ ϭ͕ϮϱϬ͕ϬϬϬ ϬϬϬϬϬ DƵůƚŝͲLJĞĂƌZĞŝŵďƵƌƐĞŵĞŶƚƐ;ϱ͘ϱйͿ Ϯϯ͕ϭϮϲ ϯϰ͕ϲϮϮ ϰϭ͕ϰϲϮ ϰϯ͕ϵϯϳ ϰϮ͕ϰϳϱ ϯϱ͕ϮϮϳ ϯϱ͕ϮϮϳ ϯϯ͕ϬϮϳ Ϯϴ͕ϴϱϰ ŽŵŵŝƚƚĞĚͲ,ĂůĨŽĨEĞdžƚzĞĂƌŽŵŵŝƚŵĞŶƚƐ Ϯϳϲ͕ϳϬϳ ϭϯϲ͕ϰϱϳ ϭϱϬ͕Ϭϳϱ ϭϱϬ͕Ϭϳϱ ϭϱϬ͕Ϭϳϱ ϭϱϬ͕Ϭϳϱ ϭϱϬ͕Ϭϳϱ ϭϱϬ͕Ϭϳϱ ϭϱϬ͕Ϭϳϱ ZĞƐĞƌǀĞƐdŽƚĂů ϭ͕ϱϰϵ͕ϴϯϯ ϭ͕ϰϮϭ͕Ϭϳϵ ϭ͕ϰϰϭ͕ϱϯϳ ĂůĂŶĐĞͲhŶĐŽŵŵŝƚƚĞĚĨŽƌĨŽůůŽǁŝŶŐLJĞĂƌ ϭϮ͕ϰϯϭ ;ϰϯ͕ϬϱϱͿ ;ϬͿ Ϭ Ϭ ;ϬͿ Ϭ ;ϬͿ ;ϬͿ &ƵŶĚĂůĂŶĐĞ ϭ͕ϱϲϮ͕Ϯϲϰ ϭ͕ϯϳϴ͕ϬϮϱ ϭ͕ϰϰϭ͕ϱϯϳ EKd ^͗ ϮϬϭϬŽŶĚ ΨϭϮ͕ϱϬϬ͕ϬϬϬďŽŶĚͲϭϬLJĞĂƌͲϯ͘ϵϬй;d ͿĂŶĚϱ͘ϭϳй;dͿŝŶƚĞƌĞƐƚͲŝŶƚĞƌĞƐƚŽŶůLJƵŶƚŝůĞĐĞŵďĞƌϮϬϭϮ tŽŽĚǁĂƌĚŽŶĚ Ψϲ͕ϬϱϬ͕ϬϬϬďŽŶĚͲƵƌƌĞŶƚƌĂƚĞŽĨ͘Ϯϱй͕ƌĞƐĞƚĞĂĐŚ^ĞƉƚĞŵďĞƌϮϲƚŚĂŶŶŝǀĞƌƐĂƌLJ ƵĚŐĞƚzĞĂƌϮϬϭϴƚŚƌŽƵŐŚϮϬϮϰ WƌŽǀŝĚĞĚďLJƚŚĞŽƵŶƚLJ ƵĚŐĞƚzĞĂƌϮϬϭϵƚŚƌŽƵŐŚϮϬϮϰ ,ŝƐƚŽƌŝĐĂůŐƌŽǁƚŚĂǀĞƌĂŐĞŽĨϱ͘ϴйŝŶƐƐĞƐƐĞĚsĂůƵĞ >ĞŐĞŶĚ WƌŽũĞĐƚĞĚWƌŽƉĞƌƚLJdĂdžZĞǀĞŶƵĞ ŽĂƌĚDĞĞƚŝŶŐ͕&ĞďƌƵĂƌLJϴ͕ϮϬϭϴ ŽǁŶƚŽǁŶĞǀĞůŽƉŵĞŶƚƵƚŚŽƌŝƚLJdĂdž/ŶĐƌĞŵĞŶƚĂƐŚ&ůŽǁ^ƚĂƚĞŵĞŶƚ dĂdž/ŶĐƌĞŵĞŶƚZĞǀĞŶƵĞ WƌŽũĞĐƚĞĚ:ĞĨĨĞƌƐŽŶ^ƚ͘'ĂƌĂŐĞ WƌŽũĞĐƚĞĚƉƉƌŽǀĂůŽĨŽŶƚŝŶƵĂƚŝŽŶŽĨ>K WƌŽũĞĐƚĞĚĚĚŝƚŝŽŶŽĨdǁŽůůĞLJƐ (;+,%,7& (ƐнŽůůĞĐƚŝŽŶƐ ;Ϯϱ Ϭ͕ϱϵϮ ϱϵϮ $ ϰϮϯ͕Ϭϱϳ ϰϮ ϱϬϬ͕ϬϬϬ ϮϱϬ͕ϬϬϬ ϮϱϬ͕Ϭ Ϯϯϱ͕ϬϬϬ Ϯϯϱ͕ $0Ϯϲϰ͕ϳϰϭ Ϯϲϰ͕ϳϰϭ $Ϯϳ͕ϯϬϬ ϬϬ 03/0 ϳϱϯ͕ϴϲϯ ϳϵϴ͕ϴϱϭ ( ϳϳϮ͕ϮϳϬ 1 Packet Pg. 92 Attachment: Exhibit A - IGA (6797 : DDA Line of Credit 2019-2024 RESO) Base Increment Total Assessed FORT COLLINS DOWNTOWN DEV. AUTH 058 Auth AuthorityName Area % TIF % Effective Increment * Effective Base * Total Assessed Mill Levy Total Revenue Entity Revenue TIF Revenue TIF Tax Warrant 12/21/2017 Authority # 2017 328'5(56&+22/',675,&7 /$5,0(5&2817< &,7<2))257&2//,16 +($/7+',675,&72)1257+(51/$5,0(5&17< )257&2//,16'2:172:1'(9$87+ )257&2//,16*,'12 /$5,0(5&2817<3(67&21752/ %2;(/'(56$1,7$7,21',675,&7 ($67/$5,0(5&2817<:$7(5',675,&7 328'5(5,9(538%/,&/,%5$5<',675,&7 1257+(51&2/25$'2:$7(5&216',675,&7 %/2&.0(752',675,&712 %/2&.0(752',675,&712 * Base and increment values certified to taxing entities (;+,%,7& (',675,&7 ; $ 03/ ( $5,665,066 Total TIF Rev 1 Packet Pg. 93 Attachment: Exhibit A - IGA (6797 : DDA Line of Credit 2019-2024 RESO) 'DWH ,QWHUHVW 3ULQFLSDO 7RWDO 7RWDOIRUWKH<HDU 'RZQWRZQ'HYHORSPHQW$XWKRULW\ %RQG3D\PHQW6FKHGXOH (;+,%,7& ( ;$ 03/ ( 1 Packet Pg. 94 Attachment: Exhibit A - IGA (6797 : DDA Line of Credit 2019-2024 RESO) :RRGZDUG/RDQ ϲ͕ϬϱϬ͕ϬϬϬ 3XEOLF )DFDGHV ,PSURY 3, 5HLPEXUVHPHQW$PRXQW 6WDUW'DWH 6HS 3KDVH, ϲ͕ϬϱϬ͕ϬϬϬ ϴϬй 0DWXUHV 6HS 3KDVH,, ϲ͕ϬϱϬ͕ϬϬϬ ϳϯй <HDUV ϭϴ 3KDVH,,, ϲ͕ϬϱϬ͕ϬϬϬ 3KDVH,9 ϲ͕ϬϱϬ͕ϬϬϬ ϲϴй 7LPHLQ <HDUV 'DWH 3D\PHQW ,QWHUHVW 3ULQFLSDO %DODQFH 3KDVH,DQG,, 3KDVH,,, SOXV,,,DQG,9 RQOLQHLQ 3KDVH,DQG ,, 3KDVH,,, 3KDVH,9 7RWDO7D[ ,QFUHPHQW )DoDGH30 LIRQO\,DQG ,, )DoDGH30 Z,,,,,, ,9 <HDU 7ELOO ,QWHUHVW 5DWH&DOF LQFUHDVH 'HF Ϯ͘ϲϱй 'HF Ϯ͘ϱϭй 'HF Ϯ͘ϭϴй 'HF ϯϬϮ͕ϰϬϱ ϯϬϮ͕ϰϬϱ ϰϭϰ͕Ϯϱϯ ϭϭϭ͕ϴϰϴ ϭ͘ϲϯй 'HF ϰϭϭ͕ϴϯϬ ϰϭϭ͕ϴϯϬ ϱϲϰ͕ϭϱϭ ϭϱϮ͕ϯϮϭ Ϯ͘ϯϳй 'HF ϰϭϭ͕ϴϯϬ ϰϭϭ͕ϴϯϬ ϱϲϰ͕ϭϱϭ ϭϱϮ͕ϯϮϭ ϯ͘ϬϬй 'HF ϰϯϭ͕ϲϭϭ ϰϯϭ͕ϲϭϭ ϱϵϭ͕Ϯϰϴ ϭϱϵ͕ϲϯϳ ϰ͘ϬϬй 'HF ϰϯϭ͕ϲϭϭ ϰϯϭ͕ϲϭϭ ϱϵϭ͕Ϯϰϴ ϭϱϵ͕ϲϯϳ ϰ͘ϳϬй 'HF ϰϯϭ͕ϲϭϭ ϱϯϬ͕Ϭϯϭ ϱϵϭ͕Ϯϰϴ ϳϯ͕ϴϮϰ ϭϭϰ͕ϯϴϱ Ϯϰϵ͕ϰϮϲ ϱ͘ϮϬй 'HF ϰϯϭ͕ϲϭϭ ϳϯϭ͕ϭϳϯ ϱϵϭ͕Ϯϰϴ ϯϲϵ͕ϲϮϭ ϭϭϰ͕ϯϴϱ ϯϰϰ͕Ϭϴϭ ϱ͘ϱϲй 'HF ϰϯϭ͕ϲϭϭ ϳϯϭ͕ϭϳϯ ϱϵϭ͕Ϯϰϴ ϯϲϵ͕ϲϮϭ ϭϭϰ͕ϯϴϱ ϯϰϰ͕Ϭϴϭ ϱ͘ϵϬй 'HF ϰϯϭ͕ϲϭϭ ϳϯϭ͕ϭϳϯ ϱϵϭ͕Ϯϰϴ ϯϲϵ͕ϲϮϭ ϭϭϰ͕ϯϴϱ ϯϰϰ͕Ϭϴϭ ϲ͘Ϯϭй 'HF ϰϯϭ͕ϲϭϭ ϳϯϭ͕ϭϳϯ ϱϵϭ͕Ϯϰϴ ϯϲϵ͕ϲϮϭ ϭϭϰ͕ϯϴϱ ϯϰϰ͕Ϭϴϭ ϲ͘ϱϮй 'HF ϰϯϭ͕ϲϭϭ ϳϯϭ͕ϭϳϯ ϱϵϭ͕Ϯϰϴ ϯϲϵ͕ϲϮϭ ϭϭϰ͕ϯϴϱ ϯϰϰ͕Ϭϴϭ ϲ͘ϱϮй 'HF ϰϯϭ͕ϲϭϭ ϳϯϭ͕ϭϳϯ ϱϵϭ͕Ϯϰϴ ϯϲϵ͕ϲϮϭ ϭϭϰ͕ϯϴϱ ϯϰϰ͕Ϭϴϭ ϲ͘ϱϮй 'HF ϰϯϭ͕ϲϭϭ ϳϯϭ͕ϭϳϯ ϱϵϭ͕Ϯϰϴ ϯϲϵ͕ϲϮϭ ϭϭϰ͕ϯϴϱ ϯϰϰ͕Ϭϴϭ ϲ͘ϱϮй 'HF ϰϯϭ͕ϲϭϭ ϳϯϭ͕ϭϳϯ ϱϵϭ͕Ϯϰϴ ϯϲϵ͕ϲϮϭ ϭϭϰ͕ϯϴϱ ϯϰϰ͕Ϭϴϭ ϲ͘ϱϮй 'HF ϰϲϯ͕ϳϰϰ ϭ͕Ϭϭϯ͕Ϭϵϰ ϱϵϭ͕Ϯϰϴ ϯϲϵ͕ϲϮϭ ϭϭϰ͕ϯϴϱ <HDU &RQWULEXWLRQ ,QWHUHVW 7RWDO 'HF 'HF 'HF 'HF 'HF 'HF 'HF 'HF 'HF 'HF 'HF 'HF 'HF (;+,%,7& 'RZQWRZQ'HYHORSPHQW$XWKRULW\ ,*$5HJDUGLQJ''$&RQWULEXWLRQVWRWKH&LW\ )RU3XEOLF3DUNLQJ6SDFHVDQG3DUNLQJ3URJUDPV LQ'RZQWRZQ)RUW&ROOLQV 'DWHG (;$ 03/ / ( 1 Packet Pg. 96 Attachment: Exhibit A - IGA (6797 : DDA Line of Credit 2019-2024 RESO) EƵŵďĞƌϭ͗DĂƌĐŚϭϲϮϬϭϴ WƌŽũĞĐƚƐͬWƌŽŐƌĂŵƐƚŽďĞ&ƵŶĚĞĚ͗ ůůĞLJ ŶŚĂŶĐĞŵĞŶƚ͗tĞƐƚDƚŶǀĞΘK& ĂƐƚŽŶƐƚƌƵĐƚŝŽŶ ϭ͕ϬϬϬ͕ϬϬϬ͘ϬϬ ϭ͕ϬϬϬ͕ϬϬϬ͘ϬϬ EƵŵďĞƌϮ͗DĂƌĐŚϭϲ͕ϮϬϭϴ WƌŽũĞĐƚƐͬWƌŽŐƌĂŵƐƚŽďĞ&ƵŶĚĞĚ͗ ůůĞLJ ŶŚĂŶĐĞŵĞŶƚ͗tĞƐƚDƚŶǀĞΘK& ĂƐƚŽŶƐƚƌƵĐƚŝŽŶ ϮϬϬ͕ϬϬϬ͘ϬϬ ^ĐƵůƉƚƵƌĞŽŶ>ŽĂŶWƌŽŐƌĂŵ ϭϮ͕ϬϬϬ͘ϬϬ ϮϭϮ͕ϬϬϬ͘ϬϬ EƵŵďĞƌϯ͗ ƐƚŝŵĂƚĞĚĂƚĞDĂLJϭϱ͕ϮϬϭϴ WƌŽũĞĐƚƐͬWƌŽŐƌĂŵƐƚŽďĞ&ƵŶĚĞĚ͗ ůůĞLJ ŶŚĂŶĐĞŵĞŶƚ͗tĞƐƚDƚŶǀĞΘK& ĂƐƚŽŶƐƚƌƵĐƚŝŽŶ ϯϲϰ͕Ϭϳϲ͘ϬϬ ĂŶLJŽŶǀĞŶƵĞ ŶŚĂŶĐĞŵĞŶƚĞƐŝŐŶWůĂŶWĂƌƚŶĞƌƐŚŝƉ ϯϱ͕ϬϬϬ͘ϬϬ ƌŝŵĞWƌĞǀĞŶƚŝŽŶdŚƌŽƵŐŚ ŶǀŝƌŽŶŵĞŶƚĂůĞƐŝŐŶ;Wd ͿWƌŽũĞĐƚ&ƵŶĚ ϯϮ͕ϱϬϬ͘ϬϬ ŽǁŶƚŽǁŶtĂLJĨŝŶĚŝŶŐ ϱ͕ϯϰϰ͘ϬϬ ůŬƐ>Žƚ͗ŽŶĐĞƉƚ^ƚƵĚLJ ϱϮϯ͕ϰϱϵ͘ϬϬ :ĂĐŬĞŶŶLJ,ĂŶĚƉƌŝŶƚZĞƐƚŽƌĂƚŝŽŶ ϭϱ͕ϬϬϬ͘ϬϬ KůĚdŽǁŶ^ƋƵĂƌĞWƌŽŐƌĂŵŵŝŶŐ;ĂŬĂĐƚŝǀĂƚŝŽŶͿ ϵ͕ϬϬϬ͘ϬϬ ^ƚƌĞĞƚKƵƚƌĞĂĐŚdĞĂŵ ϭϱ͕ϬϬϬ͘ϬϬ ϵϵϵ͕ϯϳϵ͘ϬϬ EƵŵďĞƌϰ͗ ƐƚŝŵĂƚĞĚĂƚĞDĂLJϭϱ͕ϮϬϭϴ WƌŽũĞĐƚƐͬWƌŽŐƌĂŵƐƚŽďĞ&ƵŶĚĞĚ͗ 'ĂƚĞǁĂLJ ŶƚƌĂŶĐĞƐ ϳϱ͕ϬϬϬ͘ϬϬ ,ŽůŝĚĂLJ>ŝŐŚƚƐWĂƌƚŶĞƌƐŚŝƉ ϯϱ͕ϬϬϬ͘ϬϬ dƌĞĞĂŶŽƉLJ ϯ͕ϱϬϬ͘ϬϬ hƌďĂŶDŝĐƌŽͲ^ƉĂĐĞĞƐŝŐŶWůĂŶ ϮϬ͕ϬϬϬ͘ϬϬ ůůĞLJ ŶŚĂŶĐĞŵĞŶƚKƉĞƌĂƚŝŽŶƐΘZĞƉůĂĐĞŵĞŶƚ;ĂůůĂůůĞLJƐͿ Ϯϲϲ͕ϭϰϯ͘ϬϬ KůĚdŽǁŶ^ƋƵĂƌĞKƉĞƌĂƚŝŽŶƐΘZĞƉůĂĐĞŵĞŶƚ ϳϱ͕ϱϬϴ͘ϬϬ DƵůƚŝͲzĞĂƌZĞŝŵďƵƌƐĞŵĞŶƚƐ Ϯϲϰ͕ϳϰϭ͘ϬϬ WƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚ&ĞĞƐ ϯϰ͕ϱϬϵ͘ϬϬ ϳϳϰ͕ϰϬϭ͘ϬϬ dŽƚĂů>KƌĂǁƐ Ϯ͕ϵϴϱ͕ϳϴϬ͘ϬϬ ϮϬϭϴ>ŝŶĞŽĨƌĞĚŝƚƌĂǁƐ ŽǁŶƚŽǁŶĞǀĞůŽƉŵĞŶƚƵƚŚŽƌŝƚLJ (;+,%,7& (ŝŶƚZĞƐƚŽƌĂƚŝŽŶ ŝŶƚZĞƐƚŽƌĂƚ ;$03/( ƌŽŐƌĂŵŵŝŶŐ;ĂŬĂĐƚŝǀĂƚŝŽŶͿ ƌŽŐƌĂŵŵŝŶŐ;ĂŬĂĐƚŝǀĂƚŝŽ Ăŵ 1 Packet Pg. 97 Attachment: Exhibit A - IGA (6797 : DDA Line of Credit 2019-2024 RESO) -1- ORDINANCE NO. 066, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ESTABLISHMENT OF A REVOLVING LINE OF CREDIT TO BE PAID SOLELY WITH DOWNTOWN DEVELOPMENT AUTHORITY TAX INCREMENT FUNDS FOR A SIX YEAR PERIOD IN THE AMOUNT OF UP TO FIVE MILLION DOLLARS PER DRAW TO FINANCE DOWNTOWN DEVELOPMENT AUTHORITY PROJECTS AND PROGRAMS IN ACCORDANCE WITH THE DOWNTOWN DEVELOPMENT AUTHORITY PLAN OF DEVELOPMENT AND APPROVING RELATED DOCUMENTS WHEREAS, on April 21, 1981, the City Council adopted Ordinance No. 046, 1981, establishing the Fort Collins, Colorado, Downtown Development Authority (“DDA”); and WHEREAS, C.R.S. 31-25-807 (3) (a) (II) provides that DDA tax increment funds may only be used to pay some form of indebtedness incurred by the City; and WHEREAS, the establishment of a line of credit with a banking institution would qualify as debt within the meaning of C.R.S. 31-25-807 (3) (a) (II); and WHEREAS, at the November 7, 2006, general election, a City-initiated measure to authorize the issuance of bonds for DDA projects through debt of up to $150,000,000, with a repayment cost of up to $250,000,000, was approved by the voters; and WHEREAS, in 2012, the Board of Directors of the DDA recommended to the City Council through the adoption of Resolution 2012-02, the establishment of a revolving line of credit for a six-year period in the amount of one million dollars annually to finance DDA projects and programs in accordance with its approved Plan of Development, the Downtown Plan and the Downtown Strategic Plan; and WHEREAS, in 2012, the City Council adopted Resolution 2012-081, approving an intergovernmental agreement between the City and the DDA to govern the use of the DDA line of credit, and Ordinance No. 089, 2012, authorizing the establishment of a revolving line of credit, as described above; and WHEREAS, the City and the DDA entered into that intergovernmental agreement, and implemented its terms, and the line of credit arrangement established in 2012 is scheduled to expire at the end of 2018; and WHEREAS, in order to renew and update the line of credit arrangement, staff of the City and the DDA have negotiated a new instrument and related documents that would renew the line of credit for a six-year period, and increase the limit on the line of credit limit to a maximum draw of five million dollars to reduce the number of draws required to support DDA activities, thus reducing the inefficiencies in the original arrangement; and WHEREAS, the Board of Directors of the DDA has recommended to the City Council through the adoption of Resolution 2018-02, the establishment of a revolving line of credit for a six-year period in the maximum amount of five million dollars per draw (“Line of Credit”), with such other terms and conditions as are set forth in the financing documents, a copy of which are Packet Pg. 98 -2- on file in the office of the City Clerk and available for public inspection (the “LOC Documents”), to finance DDA projects and programs in accordance with its approved Plan of Development, the Downtown Plan and the Downtown Strategic Plan; and WHEREAS, the establishment of the Line of Credit for such purpose would be financially beneficial for the DDA and the community as a whole; and WHEREAS, the City Council has also approved Resolution 2018-XXX, approving an intergovernmental agreement between the City and the DDA to govern the use of the Line of Credit. 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 Manager is hereby authorized to establish the Line of Credit as described in this Ordinance and to execute the LOC Documents therefor in substantially the forms on file in the office of the City Clerk, together with such additional terms and conditions as the City Manager, in consultation with the Chief Financial Officer and the City Attorney, deem necessary and appropriate to protect the interests of the City or effectuate the purpose of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 15th day of May, A.D. 2018, and to be presented for final passage on the 5th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Packet Pg. 99 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY May 15, 2018 City Council STAFF Sue Beck-Ferkiss, Social Sustainability Specialist Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 067, 2018, Approving the Waiver of Certain Fees for the Oakridge Crossing Affordable Housing Project. EXECUTIVE SUMMARY The purpose of this item is to present an affordable housing fee waiver request for Oakridge Crossing and if granted, authorizing a refund of waived fees already paid. Oakridge Crossing, LLLP has requested that certain development and capital improvement expansion fees be waived for qualifying units at Oakridge Crossing, an affordable senior community. In March 2013, City Council limited the types of projects for which fee waivers may be requested and made these waivers discretionary. Eligible projects are those constructed for homeless or disabled persons, or for households whose income falls at or below 30% of the area median income of all City residents. Oakridge Crossing LLLP is requesting fee waivers in the amount of $90,923 for the 13 qualifying units at Oakridge Crossing. Council Finance Committee supports this request and suggested using funds from the Affordable Housing Capital Fund in the Community Capital Improvement Program fund for the refund. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Oakridge Crossing LLLP is seeking the waiver of certain development and capital improvement expansion fees for Oakridge Crossing, an affordable housing project as allowed by City Code and the Land Use Code. Oakridge Crossing is currently under construction and will deliver 110 age-restricted income restricted units, of which 13 will be targeted to households making no more than 30% of the area median income (AMI). The request from Oakridge Crossing LLLP is attached as Attachment 1. Fee Waiver History For many years, the City provided affordable housing fee waivers for some building permit fees, development review fees and some capital expansion fees as an incentive to encourage the development of affordable housing. • In March 2013, City Council amended its policies on fee waivers for affordable housing to allow for more discretion in determining the kinds of housing projects for which City fees should be waived. • This was after a large waiver was granted. • By adopting Ordinance No. 037, 2013, City Council limited eligibility of fee waivers to the local housing authority and limited what types of units would qualify for fee waivers. Only projects that are constructed for homeless or disabled persons, or for households whose income is no greater than 30% of the area median income of all City residents qualify. 8 Packet Pg. 100 Agenda Item 8 Item # 8 Page 2 • Furthermore, waivers were made discretionary by City Council upon a determination that the proposed waiver will not jeopardize the financial interests of the City or the timely construction of the capital improvements to be funded by the fees for which a waiver is sought. • This policy was modified by City Council in 2017 so that any developer providing qualifying units is eligible to seek discretionary fee waivers. Current Request Oakridge Crossing is a 110-unit affordable housing community being constructed at 4786 McMurry Avenue in Fort Collins. (Attachment 2) The developer is Oakridge Crossing LLLP. Of the 110 total units, 13 units, equaling 11.8% of the total development, will be dedicated to households making no more than 30% AMI. Oakridge Crossing LLLP is seeking the waiver of certain fees for those 13 qualifying units. The total fees for this $22 million project are more than $1.7 million, and $770,538 of that amount are waiver eligible. The request is for waiver of 11.8% of eligible fees, which total $90,923. Of that amount, $79,913 are for capital expansion fees. In this case, the request is to refund fees already fully paid. See figure below for breakdown of fees: Fee Type Total Fees Collected 11.8% Waiver amount Development Review Fees $43,053 $5,080 Building Fees $37,944 $4,477 Capital Expansion Fees $677,229 $79,913 Storm water Review Fee $12,312 $1,453 TOTAL $770,538 $90,923 The 2017 income limits published by the U. S. Department of Housing and Urban Development for 30% of the Fort Collins AMI is $16,150 for a household of 1 and $24,600 for a household of 4. (2018 income limits have not been published yet). Households at this income level are some of the City’s most vulnerable residents. These qualifying units at Oakridge Crossing fit the definition and are eligible for fee waivers as established by City Code, and the Land Use Code. The City has established affordable housing production goals in the 2015-2019 Affordable Housing Strategic Plan (Plan). The need for financial support for these goals to be met is also stated in the Plan. The annual production goal for this 5-year plan is 188 units. This project will deliver 110 units which is 59% of the City’s annual goal. Since the City does not develop housing, development partners are relied upon to bring this necessary housing product to the community. This project will increase the inventory of affordable rental units which is one of the strategies listed in the Plan. This project will house seniors, who are called out tin the Plan as a special needs population. It is recommended that any capital expansion fees waived be subject to backfill by the City to reimburse city departments for fees if this waiver is granted, as has been the City’s custom to date. Traditionally backfill of capital expansion fees occurred and has come from General Fund reserves. Alternatively, funds for this request could come from the Affordable Housing Capital Fund that was approved by the voters as part of the City Community Capital Improvements Plan. This fund will accumulate $4 million over ten years. City Council has provided staff direction to use the Affordable Housing Capital Fund for reimbursement of fee waivers and for a new Direct Subsidy program that will help finalize funding for projects that are close to ready to proceed. $112,500 from this fund has been allocated to partially backfill fees waived for the Village on Horsetooth development. The request for Oakridge Crossing is also shown in the chart below. In this case, a refund is requested for all fees waived since all fees have been paid. The Council Finance Committee suggested that the full refund be paid from the Affordable Housing Capital Fund, which is part of the Community Capital Improvements Fund. See below for detailed fund information: 8 Packet Pg. 101 Agenda Item 8 Item # 8 Page 3 Year Anticipated tax amount Committed amounts Available to Commit* 2016 $200,000 0 $200,000 2017 $250,000 $112,500 $337,500 2018 $250,000 $90,923 $496,577 2019 $400,000 0 $896,577 2020 $400,000 0 $1,296,577 2021 $500,000 0 $1,796,577 2022 $500,000 0 $2,296,577 2023 $500,000 0 $2,796,577 2024 $500,000 0 $3,296,577 2025 $500,000 0 $3,796,577 *Note that if the City Council approves the Housing Authority’s request for $876,662 in AHCF funds (being considered by separate resolution), these amounts will be lower after 2018. CITY FINANCIAL IMPACTS This Ordinance would approve the use of $90,923 already appropriated in the Affordable Housing Capital Fund to be used to issue a refund of qualifying fees paid that have been waived through Council action. BOARD / COMMISSION RECOMMENDATION At its April 5, 2018 meeting, the Affordable Housing Board voted unanimously to recommend support for this waiver request. (Attachment 3) At its April 16, 2018 meeting, the Council Finance Committee supported granting this waiver request. (Attachment 4) PUBLIC OUTREACH Both the Affordable Housing Board and Council Finance Committee meetings discussing this request were open to the public. No additional outreach has been conducted specifically on this request. ATTACHMENTS 1. Oakridge Fee Waiver Request (PDF) 2. Oakridge location map (PDF) 3. Affordable Housing Board minutes, April 5, 2018 (draft) (PDF) 4. Council Finance Committee minutes, April 16, 2018 (draft) (PDF) 8 Packet Pg. 102 ATTACHMENT 1 8.1 Packet Pg. 103 Attachment: Oakridge Fee Waiver Request (6758 : Oakridge Crossing Fee Waiver Request) 8.1 Packet Pg. 104 Attachment: Oakridge Fee Waiver Request (6758 : Oakridge Crossing Fee Waiver Request) ATTACHMENT 2 8.2 Packet Pg. 105 Attachment: Oakridge location map (6758 : Oakridge Crossing Fee Waiver Request) DRAFT MINUTES CITY OF FORT COLLINS AFFORDABLE HOUSING BOARD Date: Thursday, April 5, 2018 Location: Colorado River Room, 222 Laporte Avenue Time: 4:00–6:00pm For Reference Diane Cohn, Chair Ken Summers, Council Liaison Sue Beck-Ferkiss, Staff Liaison 970-221-6753 Board Members Present Board Members Absent Diane Cohn Kristin Fritz Curt Lyons Eloise Emery Catherine Costlow Jeffrey Johnson Jen Bray Staff Present Sue Beck-Ferkiss, Social Policy & Housing Project Manager Adam Molzer, City Grants & Partnerships Coordinator Brittany Depew, Administrative Assistant/Board Support Guests Marilyn Heller Call to order: 4:03 Agenda Review: No changes Public Comment: Marilyn Heller—League of Voters Affordable Housing team hosting meeting Monday, April 9 focused on affordable housing ownership. Review and Approval of Minutes AGENDA ITEM 1: Presentations and Discussions A. Oakridge Crossing Fee Waiver Request Oakridge Crossing has submitted a fee waiver request for their 30% units, which is 11.8% of the total development. The request equals about $90K. Council Finance Committee will review on 4/16 and will decide if any portion of the request will come from the Affordable Housing Capital Fund. The development is under construction and plans to receive certificate Curt moved to approve February minutes as amended before the meeting. Jen seconded. Motion passed unanimously, 5-0-0. ATTACHMENT 3 8.3 Packet Pg. 106 Attachment: Affordable Housing Board minutes, April 5, 2018 (draft) (6758 : Oakridge Crossing Fee Waiver Request) DRAFT of occupancy (CO) in May. Under current process, fee waivers can be requested any time before CO in hand. 110 units of age-restricted housing, mostly 30%, 40% & 50% units. Curt moved to support Oakridge Crossing’s request for a waiver for their 30% units and to ask Council to grant this request. Jen seconded. Passed unanimously, 5-0-0. 8.3 Packet Pg. 107 Attachment: Affordable Housing Board minutes, April 5, 2018 (draft) (6758 : Oakridge Crossing Fee Waiver Request) COUNCIL FINANCE COMMITTEE April 16, 2018 (draft) Attachment 4 8.4 Packet Pg. 108 Attachment: Council Finance Committee minutes, April 16, 2018 (draft) (6758 : Oakridge Crossing Fee Waiver Request) COUNCIL FINANCE COMMITTEE April 16, 2018 (draft) Attachment 4 8.4 Packet Pg. 109 Attachment: Council Finance Committee minutes, April 16, 2018 (draft) (6758 : Oakridge Crossing Fee Waiver Request) COUNCIL FINANCE COMMITTEE April 16, 2018 (draft) Attachment 4 8.4 Packet Pg. 110 Attachment: Council Finance Committee minutes, April 16, 2018 (draft) (6758 : Oakridge Crossing Fee Waiver Request) COUNCIL FINANCE COMMITTEE April 16, 2018 (draft) Attachment 4 8.4 Packet Pg. 111 Attachment: Council Finance Committee minutes, April 16, 2018 (draft) (6758 : Oakridge Crossing Fee Waiver Request) -1- ORDINANCE NO. 067, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE WAIVER OF CERTAIN FEES FOR THE OAKRIDGE CROSSING AFFORDABLE HOUSING PROJECT WHEREAS, by adoption of Ordinance No. 065, 1999, the City Council exempted from the imposition of the City’s capital improvement expansion fees the land development projects of housing authorities formed pursuant to the provisions of Section 29-4-101, et seq., and specified various other City fees from which such projects are also to be exempted; and WHEREAS, the financial impact of such fee waivers on the City can be substantial, depending upon the size of the project that is exempted, and whether the lost fee revenues need to be replaced by the City; and WHEREAS, on March 19, 2013, the City Council adopted Ordinance No. 037, 2013, which made amendments to the City Code and Land Use Code limiting the types of projects for which housing authorities could request fee waivers, and specifying that those waivers are to be granted at the discretion of City Council upon a determination that proposed waivers will not jeopardize the financial interests of the City or the timely construction of capital improvements to be funded by the fees; and WHEREAS, on November 21, 2017, the City Council adopted Ordinance No. 148, 2017 (the “2017 Ordinance”), which further amended the City Code and Land Use Code to create an incentive for all developers to provide housing units affordable to those making less than 30% of the area median income (AMI) by allowing all developers of units targeting that income bracket to request fee waivers for the affordable portions of their projects; and WHEREAS, the 2017 Ordinance states that the City Council can waive, by ordinance, fees that would otherwise be imposed for an affordable housing project only if the City Council determines that: (1) the project is intended to house homeless or disabled persons, as such terms are defined by the Department of Housing and Urban Development (HUD), or households with an annual income that does not exceed 30% of the AMI for the applicable household size in the Fort Collins-Loveland metropolitan statistical area, as published by HUD; and (2) the proposed waiver will not jeopardize the financial interests of the City or the timely construction of the capital improvements to be funded by the fees for which a waiver is sought; and WHEREAS, Oakridge Crossing LLLP (“Oakridge”) is seeking the waiver of certain development and capital improvement expansion fees for Oakridge Crossing, an affordable housing project in Fort Collins that will include 110 age-restricted and income-restricted units, of which 13 will be targeted to households making no more than 30% of AMI (the “Project”); and WHEREAS, the City has established affordable housing production goals in the 2015- 2019 Affordable Housing Strategic Plan (Plan) with an annual production goal for this five-year plan of 188 units; and Packet Pg. 112 -2- WHEREAS, the Project will deliver 110 units, 59% of the City’s annual goal for new affordable housing units; and WHEREAS, 13 of the Project units (or 11% of the total development) will be dedicated to households making no more than 30% of AMI; therefore, Oakridge is requesting waivers totaling $90,923, which represents 11% of the total waivable Project fees based on the number of units eligible for such fee waivers; and WHEREAS, the Project fits the definition of a project eligible for fee waivers under the City Code and Land Use Code as amended by the 2017 Ordinance; and WHEREAS, City Finance staff has determined that waiver of these fees will not jeopardize the financial interests of the City or the timely construction of the capital improvements to be funded by the fees for which the waiver is sought; and WHEREAS, Oakridge has already paid the fees for the Project, and if the City Council approves the waiver request City staff proposes using $90,923 already appropriated in the Affordable Housing Capital Fund (AHCF) in the Community Capital Improvement Program (CCIP) to issue a refund of such fees to Oakridge; and WHEREAS, the voter-approved ballot language for the CCIP says the AHCF is to be used to fund the capital costs of development or rehabilitation of one or more public or private housing projects designated specifically for low-income individuals or families; and WHEREAS, the Affordable Housing Board at its regular meeting on April 5, 2018, voted to support this waiver request; and WHEREAS, the Council Finance Committee at its regular meeting on April 16, 2018, supported this waiver request and funding it through available funds in the Affordable Housing Capital Fund. 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 11% of the Project is intended to house households with an annual income that does not exceed 30% of the area median income for the applicable household size in the Fort Collins-Loveland metropolitan statistical area, as published by HUD. Section 3. That the City Council further finds that the fee waiver requested by Oakridge will not jeopardize the financial interests of the City or the timely construction of the capital improvements to be funded by the fees for which a waiver is sought. Packet Pg. 113 -3- Section 4. That the City Council hereby approves the waiver of $90,923 in fees that were previously paid to the City for the Project, consisting of: Development Review Fees $ 5,080 Building Fees 4,477 Capital Improvement Expansion Fees 79,913 Utilities - Stormwater Review Fee 1,453 Total $ 90,923 Section 5. That the City Council hereby finds that the Project meets the requirements for funding from the Affordable Housing Capital Fund and directs that Oakridge be reimbursed for the fees described above from funds available in the Affordable Housing Capital Fund. Introduced, considered favorably on first reading, and ordered published this 15th day of May, A.D. 2018, and to be presented for final passage on the 5th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Packet Pg. 114 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY May 15, 2018 City Council STAFF Karen McWilliams, Historic Preservation Planner Brad Yatabe, Legal SUBJECT First Reading of Ordinance No. 068, 2018, Designating the McMillan-Patterson Property, 121 North Grant Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. EXECUTIVE SUMMARY This item is to consider the request for landmark designation for the McMillen-Patterson Property, 121 North Grant Avenue, an excellent example of an Eastlake-style home from the late 1880s. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The McMillen-Patterson Property is significant under Fort Collins Landmark Designation Standard A for its association with the creation of the Loomis Addition, as the first known show home in Fort Collins, and as the only known home to be given away in a drawing. The Property is significant under Standard C for its distinctive and outstanding representation of the Eastlake style, a popular Victorian-era variation of the Queen Anne style. The home is one of the oldest remaining homes in the Loomis Addition which was developed by and named for Abner Loomis. The home was built between June 1887 and May 1888 as a show home to entice people to buy lots in the Loomis Addition. Those that purchased lots were entered into the drawing for a chance to win the home. This is also the earliest documented pattern-book home in Fort Collins. 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. BOARD / COMMISSION RECOMMENDATION At its April 18, 2018, regular hearing, the Landmark Preservation Commission unanimously adopted a resolution recommending adoption of an ordinance by Council for landmark designation. PUBLIC OUTREACH The Landmark Preservation Commission held a public hearing on this item at its April 18, 2018, meeting. 9 Packet Pg. 115 Agenda Item 9 Item # 9 Page 2 ATTACHMENTS 1. Location Map (PDF) 2. Landmark Nomination Form (PDF) 3. Staff Report to LPC (PDF) 4. Staff Presentation to LPC, with photos (PDF) 5. Landmark Preservation Commission Resolution 1, 2018 (PDF) 9 Packet Pg. 116 N Grant Ave N Washington Ave Bungalow Ct S Grant Ave S Washington Ave W Mountain Ave © 121 N Grant SITE 1 inch = 85 feet ATTACHMENT 1 9.1 Packet Pg. 117 Attachment: Location Map (6766 : McMillen-Patterson Landmark) Revised 08-2014 Page 1 Fort Collins Landmark Designation LOCATION INFORMATION: Address: 121 N. Grant Ave., Fort Collins. CO Legal Description: N 48 ft of Lot 16, Block 291, Loomis Addition. Fort Collins Property Name (historic and/or common): McMillen-Patterson House OWNER INFORMATION: Name: Susan Hoskinson Company/Organization (if applicable): Phone: 970 484-7137 Email: susanhoskinson1@gmail.com Mailing Address: 121 N. Grant Avenue, Fort Collins, CO 80521 CLASSIFICATION: Category Ownership Status Present Use Existing Designation Building Public Occupied Commercial Nat’l Register Structure Private Unoccupied Educational State Register Site Religious Object Residential District Entertainment Government Other FORM PREPARED BY: Name and Title: Mary Humstone, Principal, Humstone Consulting Address: 4420 Bingham Hill Rd, Fort Collins, CO 80521 Phone: 970 420-5275 Email: humstone@gmail.com Relationship to Owner: contractor Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 DATE: March 20, 2018 ATTACHMENT 2 9.2 Packet Pg. 118 Attachment: Landmark Nomination Form (6766 : McMillen-Patterson Landmark) Revised 08-2014 Page 2 TYPE OF DESIGNATION and BOUNDARIES Individual Landmark Property Landmark District Explanation of Boundaries: The boundaries of the property being designated as a Fort Collins Landmark correspond to the legal description of the property, above. The property is .21 acres in size and consists of a single- family residence and a detached garage. SIGNIFICANCE and INTEGRITY Properties are eligible for designation if they possess both significance and exterior integrity. Significance is the importance of a site, structure, object or district to the history, architecture, archeology, engineering or culture of our community, State or Nation. For designation as Fort Collins Landmarks or Fort Collins Landmark Districts properties must meet one (1) or more of the following standards: Standard A: Events. This property is associated with events that have made a recognizable contribution to the broad patterns of the history of the community, State or Nation. It is associated with either (or both) of these two (2) types of events: 1. A specific event marking an important moment in Fort Collins prehistory or history; and/or 2. A pattern of events or a historic trend that made a recognizable contribution to the development of the community, State or Nation. Standard B: Persons/Groups. This property is associated with the lives of persons or groups of persons recognizable in the history of the community, State or Nation whose specific contributions to that history can be identified and documented. Standard C: Design/Construction. This property embodies the identifiable characteristics of a type, period or method of construction; represents the work of a craftsman or architect whose work is distinguishable from others by its characteristic style and quality; possesses high artistic values or design concepts; or is part of a recognizable and distinguishable group of properties. Standard D: Information potential. This property has yielded, or may be likely to yield, information important in prehistory or history. Exterior Integrity is the ability of a site, structure, object or district to be able to convey its significance. The exterior integrity of a resource is based on the degree to which it retains all or some of seven (7) aspects or qualities: location, design, setting, materials, workmanship, feeling and association. All seven qualities do not need to be present for a site, structure, object or district to be eligible as long as the overall sense of past time and place is evident. Standard A: Location. This property is located where it was originally constructed or where an historic event occurred. Standard B: Design. This property retains a combination of elements that create its historic form, plan space, structure, and style. Standard C: Setting. This property retains a character and relationship with its surroundings that reflect how and where it was originally situated in relation to its surrounding features and open space. Standard D: Materials. This property retains much of the historic physical elements that originally formed the property. Standard E: Workmanship. This property possesses evidence of the crafts of a particular culture or people during any given period in history or prehistory. This consists of evidence of artisans' labor and skill in constructing or altering the building, structure or site. Standard F: Feeling. This property expresses the aesthetic or historic sense of a particular period or time. This results from the presence of physical features that, taken together, convey the property's historic character. Standard G: Association. This property retains an association, or serves as a direct link to, an important historic event or person. It retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like feeling, association requires the presence of physical features that convey a property's historic character. 9.2 Packet Pg. 119 Attachment: Landmark Nomination Form (6766 : McMillen-Patterson Landmark) Revised 08-2014 Page 3 STATEMENT OF SIGNIFICANCE and EXTERIOR INTEGRITY The McMillen-Patterson House is significant under Standard A and Standard C. This residence was built as a show home to entice people to buy lots in the Loomis Addition, and is one of the oldest remaining houses in one of the earliest subdivisions (1887) in Fort Collins. The Loomis Addition was developed by and named after Abner Loomis, one of Fort Collins’ early and prominent developers and businessmen. The first occupants of the house were Arthur H. (Billy) and Alice Patterson. Arthur was closely identified with the early history and growth of Fort Collins. He owned and operated a livery and freighting business on Jefferson Street and donated 80 acres of land for the Agricultural College (CSU). He served as alderman for the city, helped build the town ditch that ran through the Loomis Addition, and planted trees along College Avenue, the main street of the community. The house went through multiple owners before being purchased in 1967 by Donald L. and Susan L. McMillen. Susan (now Hoskinson) has owned and lived in the house ever since. In spite of multiple owners and the changes in living standards and conveniences in the 130 years since the house was built, the property still retains its historic character and architectural features and represents the full history of the Loomis Addition. Under Standard C, this property embodies the identifiable characteristics of the Eastlake style, a popular Victorian-era variation of the Queen Anne style, in which the decorative elements are flattened out so as to appear more angular and machine made. Features of the Eastlake style include repetitive, machine-made decorations in bead and belt-like patterns, as well incised decorative elements especially in the gable ends. Eastlake houses also have delicate spindlework detailing on porch balustrades and/or valances, and cut-away corner windows, in which the window itself sits at a 45-degree angle to the walls, and the wall area above is decorated with scroll-sawn wood. The McMillen-Patterson House is one of the few remaining Eastlake-style houses in Fort Collins, and the only Eastlake-style house in the Loomis Addition. The house exhibits typical Eastlake details in its boxy and cut-away bays, and repetitive decorative wood patterns, especially in the gable ends. The house was designed by the architectural firm of Gould and Angell of Providence, Rhode Island, and is the earliest documented pattern-book house in Fort Collins. Although several Gould and Angell-designed houses exist in Providence, Rhode Island, this is the only known Gould and Angell building in Fort Collins. This property retains all seven aspects of integrity. The house retains its original location and setting on a block that has not been impacted by new construction. The house retains original materials and workmanship. The two additions (1948 and 1978) are located at the rear of the building and match the original house in terms of roof height and form, as well as materials and details, and therefore do not diminish integrity of architectural design. The house retains the feeling and association of the late 1880s when the Loomis Addition was platted. 9.2 Packet Pg. 120 Attachment: Landmark Nomination Form (6766 : McMillen-Patterson Landmark) Revised 08-2014 Page 4 HISTORICAL INFORMATION The house at 121 North Grant Avenue was the first house built after the Loomis Addition was platted in 1887. It was constructed between June 1887 and May 1888. The house was built and advertised as a show home to be given away in a raffle, in order to entice people to buy lots in the Loomis Addition. Those purchasing lots (offered for $75 and up) were eligible for a chance to win the home. Denver real estate broker George G. Darrow, agent for owner and developer Abner Loomis, received a building permit in 1887. The builder was Herman W. Schroeder, who is listed in the abstract as having a mechanic’s lien on the home for a few months. His name was scrawled in black paint on a rough board tacked above the kitchen door.1 The house as it was advertised and later built was featured in the 1881 edition of William Comstock’s Victorian Domestic Architectural Plans and Details,” Plate 73. The design was credited to Gould and Angell, architects from Providence, Rhode Island. The house and lot were valued at $3000. When 200 lots had been sold, Darrow held a drawing in the old Fort Collins Opera House. The house was won by J.M. Fillebrown of Geneva, Nebraska, on Friday, May 11, 1888. Fillebrown sold the house to Alice Patterson (wife of Arthur H. “Billy”) on August 10, 1888, for $1200. Arthur died in 1892, but the Patterson family continued to own the house until 1900. Arthur had been a close friend of William H. “Buffalo Bill” Cody. The two of them traveled to New Mexico together at the ages of 18 (Billy) and 16 (Buffalo Bill) in January 1862 to deliver supplies from Fort Leavenworth, Kansas, to Colonel John Chivington’s command, which fought the decisive battle at Apache Canyon resulting in the defeat of the Confederate army under General Sibley. Patterson headed north from there to Colorado where he established a livery and freighting business in Fort Collins by 1866. Cody returned to Leavenworth where he and Patterson had met. The two remained in contact afterward and Cody occasionally visited Patterson in Fort Collins during the late 19 th century. The Fort Collins Express of December 10, 1892 notes that, “Hon W.F. Cody, otherwise known as ‘Buffalo Bill’ is in our city on a brief visit with Wm. Patterson.” Patterson died the following month, and his obituary also mentions the final visit from Cody. Patterson married Alice Watrous in December, 1873. They lived at 211 Myrtle Street and then built a home in November 1879 on Remington Street south of the Remington school building on the corner of Remington and Olive. Patterson donated 80 of the 240 acres that were given to the State of Colorado to form the nucleus of the Colorado State University campus. 121 N. Grant has had many owners. Robert M. Ferguson, the secretary at Collins Cash Clothing, purchased the house from the Patterson family in 1900. From 1914 to 1924 there were 5 owners: Clyde and Addie Brown owned both lots 16 and 17 from 1914 to 1919. The lots were then sold separately, lot 16 where the house is located was sold to Nellie A. Matteson in 1919. Kathryn Marshall was the owner from 1920 to1921, G.F. Wiard in 1921 and Mary Alice Aanes from 1921 to1924. J.F. and Myrtle Kinney owned the home from 1924 to 1945 and sold it to C. G. Snelling in 1945. Myrtle also conveyed 1 This was found by the owner during interior renovation work in 2016. H.W. Schroeder is listed as builder of this house in a Fort Collins Courier article, June 23, 1887, page 1. 9.2 Packet Pg. 121 Attachment: Landmark Nomination Form (6766 : McMillen-Patterson Landmark) Revised 08-2014 Page 5 the south two feet of lot 16 by warranty deed to Emma Clammer of 119 N. Grant on November 9, 1945. Edward M. Holst, Jr. and his wife Vivian purchased the home in 1946 and sold it to Emma P. Clammer in 1954. An addition was made to the house sometime before 1948. There is no building permit for this addition, but it is shown on the 1948 Tax Assessor record. Martha Mae Trupp purchased the home in 1956 and sold it to Edith Trupp the following year. The next owners, Harold and Sarah Hicks, purchased it in 1965, but went bankrupt in 1966. Donald L. “Don” and Susan L. McMillen purchased the home from Fort Collins Federal Savings and Loan Association in 1967. They started a local weekly newspaper, the Triangle Review, in May 1973. They became very active in documenting the history of Fort Collins through their newspaper and Susan (now Hoskinson) has been a leader in preserving Fort Collins’ history. Susan sold the newspaper in 1983 and it continued to be published until 1995. Susan still resides in the home today. When the McMillens purchased the property in 1967, they undertook major interior remodeling, as the house was uninhabitable. They added another 500 sq. ft. to the existing 1000 sq. ft. in 1978. The two-story addition was faced with bricks that the McMillens salvaged from a demolished gas station at North College Avenue and Jefferson Street in Fort Collins. The house’s brick exterior was painted white when the McMillens bought it. The original brick is very soft, and it had deteriorated in a number of places. They discussed removing the paint but concluded that the process would do a great deal of damage. Susan selected the current paint colors based on a color palette from the era when the house was built: brick color on the brick itself, sage green on the decorative shingles, and brown trim. 9.2 Packet Pg. 122 Attachment: Landmark Nomination Form (6766 : McMillen-Patterson Landmark) Revised 08-2014 Page 6 ARCHITECTURAL INFORMATION Construction Date: 1887; c. 1948; 1978 Architect/Builder: Gould and Angell (pattern book), architects; Herman Schroeder, Builder Building Materials: Brick, wood, sandstone Architectural Style: Eastlake Description: Original House: (18’ x 37’)This one-and-a-half-story, Eastlake-style brick dwelling has an asymmetrical east-facing façade with two bays. The brick is laid in stretcher bond. The original brick had been painted white prior to 1967; it is now painted to match the color of the original brick. The foundation is cut stone coursed with one row of rock-faced sandstone and one row of sandstone with bush-hammered detailing. There is an unfinished basement below grade. The steeply pitched, cross-gabled roof is sheathed with wood shingles and has metal ridge caps that terminate with ball finials at each of the gable ends. Windows are 1-over-1 double-hung or small stationary sash and have brick flat-arch tops with radiating voussoirs and sandstone lugsills with bush-hammered detailing unless otherwise noted. The house has a complex roofline consisting of a total of six gable ends, two east-west and four north-south. The three main gables of the original part of the house are all similar in design, and terminate in a fish-scale shingled “skirt” which forms a slight overhang above the first story. The main portion of the facade under the front-facing gable has a central, squared off bay window on the first story with two separate 1-over-1 double-hung windows. A single stone lug sill extends the length of the bay. The front gable has vergeboards which terminate in wood returns carved in a shell pattern. A set of three 1-over-1 double-hung windows with decorative wood surrounds and a center ogee over each window is centered in the gable end. Below the windows is a wood balconet with a finial at each end. Above the windows is Eastlake detailing consisting of fish-scale shingles surrounding a central rectangular frame with eight square medallions, and a row of wood dentils at the base. Staggered rectangular shingles sheath the lower half of the gable end with a round wood molding marking the transition from the wall to the “skirt.” In the southeast corner of the façade is a semi-enclosed, one-story porch slightly set back from the projecting front bay of the house and sheltered by an extension of the main gable roof. The east-facing porch entry is arched and supported by square brick columns with corbelled capitals. A similar arched opening, about three-quarter length with a stone lug sill, is on the south side of the porch. Below the sill is a staggered brick decorative design. The arches are elliptical with radiating voussoirs, and have decorative wrought- iron semi-elliptical inserts. Above the front arch the roof forms a pediment, which contains a decorative wood panel topped by a sunburst motif. The porch deck is redwood and the steps are sandstone. The original front door is oak with one rectangular wood panel above a large glass pane and four square wood panels below. There is also a wood storm door. The south elevation of the original house has a three-sided cutaway bay topped by an overhanging front-gable roof. There is a small stationary-sash window in the center bay, a matching opening in-filled with staggered brickwork in the west bay, and a double-hung window in the east bay. To each side of the bay is a small stationary window. The south- facing gable end has most of the same features as the front gable. The vergeboards have a decorative bulls eye design at each end. The surface of the gable end is sheathed with 9.2 Packet Pg. 123 Attachment: Landmark Nomination Form (6766 : McMillen-Patterson Landmark) Revised 08-2014 Page 7 seven rows of hexagonal shingles with a wood entablature and a row of wood dentils below. Below the dentils are two small, double-hung windows with decorative wood surrounds, separated by a set of 15 wood medallions. Under the windows is a rounded sill molding topping staggered rectangular shingles which wrap around the sides of the gable. The terminating skirt projects over the cutaway bay below and is supported by two decorative corner brackets. Continuing west on the south elevation there is a five-panel wood door with one glass light. The original plan (as shown in Comstock’s pattern book) shows a small window where the door is, and a brick voussoir several inches above the door indicates that there might have originally been a window in this location. A short row of slightly protruding bricks extends from near the top of the door frame west to what would have been the back corner of the original house. A similar protruding brick course extends lower down from the east side of the door to the lug sill under the stationary window, and on to the western edge of the bay. A wood deck, completed in 2017, runs from the south-elevation door to the rear of the house. Steps access the deck at the location of the door. A wooden privacy fence located west of the canted bay screens the deck from public view. The north elevation has a slightly projecting squared-off bay on the first story with two double-hung windows. A single double-hung window is located to the west on the bay on the first story. The north-facing gable above the bay has most of the same features as the south gable. The vergeboards have a decorative bulls eye design on each end, with a decorative wood shell design at the apex. The top of the gable end is sheathed with five rows of hexagonal shingles. Below is a wood entablature which tops a pair of double- hung windows with wood surrounds. The remainder of the wall is sheathed with staggered rectangular shingles. A brick chimney with a corbelled top rises from the east slope of the gable. Additions: The first addition to the house (18’ x 11’) was added before 1948, according to the tax assessor record; there is no building permit record. The one-story, brick addition was added to the rear (west) wall of the house. It has a rock-faced stone foundation and originally had a slightly sloping flat roof. There were no windows on the south or north elevations. There were two large windows on the west elevation that opened onto a 7’ x 16’ wood-frame back porch. In 1978, the current owner remodeled the first addition, removed the back porch, and added a second 10.5’-long addition to the west. The remodeling/addition project was designed by Dave Dobkins, son-in-law of architect William Robb. The first addition was expanded with the construction of another cross-gabled, skirted roof which extended to the west end of the original main (east-west) gable. Each of the south and north elevation gable ends in the addition has two double-hung windows with eight rows of hexagonal shingles above the window and rows of staggered rectangular shingles below, terminating in a wood molding and skirt, matching those of the original gables. The windows have plain wood surrounds. On the first story, two windows with plain wood surrounds were added on both the south and north elevations. On the north elevation, a small double-hung basement window (1978-79) is inside a stone-lined window well. Basement windows on the south elevation are not visible due to the deck. This second addition, which replaced the 7’ x 16’ back porch, is frame construction faced with brick, a concrete foundation, and a gable roof. The bricks were salvaged by the owners from a gas station that was being demolished at the corner of Jefferson Street and College Avenue in Fort Collins. On the main story of the west elevation are four double-hung windows with brick sills and a five-panel wood door (1978) with one light and 9.2 Packet Pg. 124 Attachment: Landmark Nomination Form (6766 : McMillen-Patterson Landmark) Revised 08-2014 Page 8 a wood storm door (2014). A pair of double-hung windows with plain wood surrounds is centered in the gable end. There are seven rows of hexagonal shingles above the windows and staggered rectangular shingles on the lower part of the gable end terminating in a wood molding and skirt. The south elevation of the addition has a brick and wood-shingled exterior chimney. A wide wood deck with a wood railing on its north and south sides extends from the west wall of the house and wraps around the rear portion of the south elevation. The house is set back on the lot behind a wide front lawn. A concrete walkway leads from the street to the front porch, and around the south side of the house back to the garage and alley. A tall cedar fence encircles the backyard, from just west of the bay windows of the original house. A flagstone walk leads from the gate on the north side of the house to the back deck. Garage (1990; non-contributing): A 26’ x 20’, one-and-a-half-story, one-car garage was built to the west of the house in 1990 to replace an older garage built in 1924 and demolished in the early 1980s. The rectangular garage has wood lap siding and an asphalt shingled roof with metal ridge cap with ball finials matching those of the house. The roof has an intersecting central gable on the east elevation. The east elevation is symmetrical, with a central 4-panel wood door with a single upper light flanked by pairs of double-hung windows. A small double-hung window is centered in the gable end. The north elevation has one double-hung window on the upper story and the south elevation has a double-hung window on both stories. The west elevation has a single garage door offset to the south. 9.2 Packet Pg. 125 Attachment: Landmark Nomination Form (6766 : McMillen-Patterson Landmark) Revised 08-2014 Page 9 REFERENCE LIST or SOURCES of INFORMATION (attach a separate sheet if needed) Abstract of Title, 121 N. Grant. Comstock, Wm. T. Victorian Domestic Architectural Plans and Detail. Reprint of Modern Architectural Designs and Details, William T. Comstock, Architectural Publisher, New York, 1881. Dover Publications, 2005. Plate 73. Fort Collins Courier, June 23, 1887, page 1. Fort Collins Express, January 7,1888, page 1; December 10, 1892, page 6. Hoskinson, Susan. Interviews. November, 2016 and March, 2018. Humstone, et al: Loomis Addition Historic Context, prepared for the City of Fort Collins Historic Preservation Program, 2015. Humstone Consulting. Colorado Cultural Resource Survey, Architectural Inventory Form for 121 N. Grant Avenue, 2017. Swanson, Evadene. Fort Collins Yesterdays. 1975. Page 216; Watrous, Ansel. History of Larimer County. 1911. Page 411. 9.2 Packet Pg. 126 Attachment: Landmark Nomination Form (6766 : McMillen-Patterson Landmark) Revised 08-2014 Page 12 SKETCH MAP 9.2 Packet Pg. 127 Attachment: Landmark Nomination Form (6766 : McMillen-Patterson Landmark) AGREEMENT The undersigned own·er(s) hereby agrees that the property described herein be considered for local historic landmark designation, pursuant to the Fort Collins Landmark Preservation Ordinance, Chapter 14 of the Code of the City of Fort Collins. I understand that upon designation, I or my successors will be requested to notify the Secretary of the Landmark Preservation Commission at the City of Fort Collins prior to the occurrence of any of the following: Preparation of plans for reconstruction or alteration of the exterior of the improvements on the property, or; Preparation of plans for construction of,·addition to, or demolition of improvements on the property DATED this \C\4-'�\ day of_-'-µ_0-_X'_l_....... t \ ______ , 201 <i. . �r r--fu Name s � (please o<f print) es le I t'hs o f\J ;i:Gthner 1� Signature ?lf2ilnd81 / State of Cc k.,-w.0c )ss. County of -�-L_Y'_l_i_l\t.Q__I' _____ ) Subscribed and sworn before me this \°1 yl-\ day of_��\_�, Ci�c_l _L__i l __ , 201_.b_, Witness my hand and official seal. My commission expires __ 4--'-·--'-[-'-r -'--i__,_\-=2--c-",�Z-D·"--=---- J Notary Revised 08-2014 JILL M SCHAAKE NOTARY PUBLIC S1ATE OF COLORADO NOTARY D 2DOll4020548 MV COMMISSION EXPIRESAPRIL 18, 2020 9.2 Packet Pg. 128 Attachment: Landmark Nomination Form (6766 : McMillen-Patterson Landmark) Agenda Item 4 Item # 4 Page 1 STAFF REPORT April 18, 2018 Landmark Preservation Commission PROJECT NAME MCMILLEN-PATTERSON PROPERTY 121 NORTH GRANT - APPLICATION FOR FORT COLLINS LANDMARK DESIGNATION STAFF Cassandra Bumgarner, Historic Preservation Planner PROJECT INFORMATION PROJECT DESCRIPTION: This item is to consider the request for a recommendation to City Council regarding landmark designation for the McMillen-Patterson Property, an excellent example of an Eastlake-style home from the late 1880s. APPLICANT: Susan Hoskinson, Owner RECOMMENDATION: Approval EXECUTIVE SUMMARY BACKGROUND The McMillen-Patterson Property is significant under Fort Collins Landmark Designation Standard A, for its association with the creation of the Loomis Addition as a show home to be given away in a drawing, and Standard C, for its distinctive Eastlake style, a popular Victorian-era variation of the Queen Anne style. The home is one of the oldest remaining homes in the Loomis Addition, which was developed by and named for Abner Loomis. The home was built between June 1887 and May 1888 as a show home to entice people to buy lots in the Loomis Addition. Those that purchased lots were entered into the drawing for a chance to win the home. This is also the earliest documented pattern-book home in Fort Collins. The current owner of this property, Susan Hoskinson, has submitted an application requesting consideration for Fort Collins local landmark designation. COMMISSION ACTION Chapter 14, Article II of the Municipal Code, “Designation Procedures,” provides the process and standards for designation of a property as a Fort Collins Landmark. The Commission shall adopt a motion providing a recommendation on eligibility to City Council. STATEMENT OF SIGNIFICANCE and EXTERIOR INTEGRITY The McMillen-Patterson Property is significant under Standard A and Standard C. This residence was built as a show home to entice people to buy lots in the Loomis Addition, and is one of the oldest remaining houses in one of the earliest subdivisions (1887) in Fort Collins. The Loomis Addition was developed by and named after Abner Loomis, one of Fort Collins’ early and prominent developers and businessmen. The first occupants of the house were Arthur H. (Billy) and Alice Patterson. Arthur was closely identified with the early history and growth of Fort ATTACHMENT 3 9.3 Packet Pg. 129 Attachment: Staff Report to LPC (6766 : McMillen-Patterson Landmark) Agenda Item 4 Item # 4 Page 2 Collins. He owned and operated a livery and freighting business on Jefferson Street and donated 80 acres of land for the Agricultural College (CSU). He served as alderman for the city, helped build the town ditch that ran through the Loomis Addition, and planted trees along College Avenue, the main street of the community. The house went through multiple owners before being purchased in 1967 by Donald L. and Susan L. McMillen. Susan (now Hoskinson) has owned and lived in the house ever since. In spite of multiple owners and the changes in living standards and conveniences in the 130 years since the house was built, the property still retains its historic character and architectural features and represents the full history of the Loomis Addition. Under Standard C, this property embodies the identifiable characteristics of the Eastlake style, a popular Victorian- era variation of the Queen Anne style, in which the decorative elements are flattened out so as to appear more angular and machine made. Features of the Eastlake style include repetitive, machine-made decorations in bead and belt-like patterns, as well incised decorative elements especially in the gable ends. Eastlake houses also have delicate spindlework detailing on porch balustrades and/or valances, and cut-away corner windows, in which the window itself sits at a 45-degree angle to the walls, and the wall area above is decorated with scroll-sawn wood. The McMillen-Patterson Property is one of the few remaining Eastlake-style houses in Fort Collins, and the only Eastlake-style house in the Loomis Addition. The house exhibits typical Eastlake details in its boxy and cut-away bays, and repetitive decorative wood patterns, especially in the gable ends. The house was designed by the architectural firm of Gould and Angell of Providence, Rhode Island, and is the earliest documented pattern-book house in Fort Collins. Although several Gould and Angell-designed houses exist in Providence, Rhode Island, this is the only known Gould and Angell building in Fort Collins. The property retains a preponderance of exterior integrity, as follows: Standard A: Location. Integrity of location is present, as the residence is still in its original location. Standard B: Design. Integrity of design is defined as "the combination of elements that create the form, plan, space, structure, and style of a property." The building retains integrity of design, as the residence’s original form, massing, scale, and proportion are wholly discernible. The two additions on the residence, 1948 and 1978, are located at the rear of the home. Standard C: Setting. The integrity of setting is present, as the building’s residential setting in a residential block remains. Standard D: Materials. This building retains good integrity of materials, as much of the historic physical elements that originally formed the building remain. The brick on the home has been painted at least since 1967 and the current owners discussed removing the paint, but concluded it would damage the brick too much. Standard E: Workmanship. This building retains good evidence of the workmanship from the original pattern-book design of Gould and Angell and builder Herman Schroeder. This consists of evidence of the artisans' labor and skill in constructing the building. Standard F: Feeling. Integrity of feeling is defined as "a property's expression of the aesthetic or historic sense of a particular period of time." The home’s physical characteristics and its environment evoke strong feelings relating to the period of construction. Standard G: Association. Integrity of association is defined as the direct link between an important historic event and a historic property. Through its physical characteristics, the property is able to convey its strong association with the late 1880s in Fort Collins. HISTORICAL INFORMATION The house at 121 North Grant Avenue was the first house built after the Loomis Addition was platted in 1887. It was constructed between June 1887 and May 1888. The house was built and advertised as a show home to be given away in a drawing, in order to entice people to buy lots in the Loomis Addition. Those purchasing lots (offered for $75 and up) were eligible for a chance to win the home. Denver real estate broker George G. Darrow, agent for owner and developer Abner Loomis, received a building permit in 1887. The builder was Herman W. 9.3 Packet Pg. 130 Attachment: Staff Report to LPC (6766 : McMillen-Patterson Landmark) Agenda Item 4 Item # 4 Page 3 Schroeder, who is listed in the abstract as having a mechanic’s lien on the home for a few months. His name was scrawled in black paint on a rough board tacked above the kitchen door. This was found by the owner during interior renovation work in 2016. H.W. Schroeder is listed as builder of this house in a Fort Collins Courier article, June 23, 1887, page 1. The house as it was advertised and later built was featured in the 1881 edition of William Comstock’s Victorian Domestic Architectural Plans and Details,” Plate 73. The design was credited to Gould and Angell, architects from Providence, Rhode Island. The house and lot were valued at $3000. When 200 lots had been sold, Darrow held a drawing in the old Fort Collins Opera House. The house was won by J.M. Fillebrown of Geneva, Nebraska, on Friday, May 11, 1888. Fillebrown sold the house to Alice Patterson (wife of Arthur H. “Billy”) on August 10, 1888, for $1200. Arthur died in 1892, but the Patterson family continued to own the house until 1900. Arthur had been a close friend of William H. “Buffalo Bill” Cody. The two of them traveled to New Mexico together at the ages of 18 (Billy) and 16 (Buffalo Bill) in January 1862 to deliver supplies from Fort Leavenworth, Kansas, to Colonel John Chivington’s command, which fought the decisive battle at Apache Canyon resulting in the defeat of the Confederate army under General Sibley. Patterson headed north from there to Colorado where he established a livery and freighting business in Fort Collins by 1866. Cody returned to Leavenworth where he and Patterson had met. The two remained in contact afterward and Cody occasionally visited Patterson in Fort Collins during the late 19th century. The Fort Collins Express of December 10, 1892 notes that, “Hon W.F. Cody, otherwise known as ‘Buffalo Bill’ is in our city on a brief visit with Wm. Patterson.” Patterson died the following month, and his obituary also mentions the final visit from Cody. Patterson married Alice Watrous in December 1873. They lived at 211 Myrtle Street and then built a home in November 1879 on Remington Street south of the Remington school building on the corner of Remington and Olive. Patterson donated 80 of the 240 acres that were given to the State of Colorado to form the nucleus of the Colorado State University campus. 121 N. Grant has had many owners. Robert M. Ferguson, the secretary at Collins Cash Clothing, purchased the house from the Patterson family in 1900. From 1914 to 1924 there were 5 owners: Clyde and Addie Brown owned both lots 16 and 17 from 1914 to 1919. The lots were then sold separately, lot 16 where the house is located was sold to Nellie A. Matteson in 1919. Kathryn Marshall was the owner from 1920 to1921, G.F. Wiard in 1921 and Mary Alice Aanes from 1921 to1924. J.F. and Myrtle Kinney owned the home from 1924 to 1945 and sold it to C. G. Snelling in 1945. Myrtle also conveyed the south two feet of lot 16 by warranty deed to Emma Clammer of 119 N. Grant on November 9, 1945. Edward M. Holst, Jr. and his wife Vivian purchased the home in 1946 and sold it to Emma P. Clammer in 1954. An addition was made to the house sometime before 1948. There is no building permit for this addition, but it is shown on the 1948 Tax Assessor record. Martha Mae Trupp purchased the home in 1956 and sold it to Edith Trupp the following year. The next owners, Harold and Sarah Hicks, purchased it in 1965, but went bankrupt in 1966. Donald L. “Don” and Susan L. McMillen purchased the home from Fort Collins Federal Savings and Loan Association in 1967. They started a local weekly newspaper, the Triangle Review, in May 1973. They became very active in documenting the history of Fort Collins through their newspaper and Susan (now Hoskinson) has been a leader in preserving Fort Collins’ history. Susan sold the newspaper in 1983 and it continued to be published until 1995. Susan still resides in the home today. When the McMillens purchased the property in 1967, they undertook major interior remodeling, as the house was uninhabitable. They added another 500 sq. ft. to the existing 1000 sq. ft. in 1978. The two-story addition was faced with bricks that the McMillens salvaged from a demolished gas station at North College Avenue and Jefferson Street in Fort Collins. The house’s brick exterior was painted white when the McMillens bought it. The original brick is very soft, and it had deteriorated in a number of places. They discussed removing the paint but concluded that the process would do a great deal of damage. Susan selected the current paint colors based on a color palette from the era when the house was built: brick color on the brick itself, sage green on the decorative shingles, and brown trim. 9.3 Packet Pg. 131 Attachment: Staff Report to LPC (6766 : McMillen-Patterson Landmark) Agenda Item 4 Item # 4 Page 4 ARCHITECTURAL INFORMATION Construction Date: 1887; c. 1948; 1978 Architect/Builder: Gould and Angell (pattern book), architects; Herman Schroeder, Builder Building Materials: Brick, wood, sandstone Architectural Style: Eastlake Description: Original House: (18’ x 37’)This one-and-a-half-story, Eastlake-style brick dwelling has an asymmetrical east-facing façade with two bays. The brick is laid in stretcher bond. The original brick had been painted white prior to 1967; it is now painted to match the color of the original brick. The foundation is cut stone coursed with one row of rock- faced sandstone and one row of sandstone with bush-hammered detailing. There is an unfinished basement below grade. The steeply pitched, cross-gabled roof is sheathed with wood shingles and has metal ridge caps that terminate with ball finials at each of the gable ends. Windows are 1-over-1 double-hung or small stationary sash and have brick flat-arch tops with radiating voussoirs and sandstone lugsills with bush-hammered detailing unless otherwise noted. The house has a complex roofline consisting of a total of six gable ends, two east-west and four north-south. The three main gables of the original part of the house are all similar in design, and terminate in a fish- scale shingled “skirt” which forms a slight overhang above the first story. The main portion of the facade under the front-facing gable has a central, squared off bay window on the first story with two separate 1-over-1 double-hung windows. A single stone lug sill extends the length of the bay. The front gable has vergeboards which terminate in wood returns carved in a shell pattern. A set of three 1-over-1 double- hung windows with decorative wood surrounds and a center ogee over each window is centered in the gable end. Below the windows is a wood balconet with a finial at each end. Above the windows is Eastlake detailing consisting of fish-scale shingles surrounding a central rectangular frame with eight square medallions, and a row of wood dentils at the base. Staggered rectangular shingles sheath the lower half of the gable end with a round wood molding marking the transition from the wall to the “skirt.” In the southeast corner of the façade is a semi-enclosed, one-story porch slightly set back from the projecting front bay of the house and sheltered by an extension of the main gable roof. The east-facing porch entry is arched and supported by square brick columns with corbelled capitals. A similar arched opening, about three-quarter length with a stone lug sill, is on the south side of the porch. Below the sill is a staggered brick decorative design. The arches are elliptical with radiating voussoirs, and have decorative wrought-iron semi-elliptical inserts. Above the front arch the roof forms a pediment, which contains a decorative wood panel topped by a sunburst motif. The porch deck is redwood and the steps are sandstone. The original front door is oak with one rectangular wood panel above a large glass pane and four square wood panels below. There is also a wood storm door. The south elevation of the original house has a three-sided cutaway bay topped by an overhanging front-gable roof. There is a small stationary-sash window in the center bay, a matching opening in-filled with staggered brickwork in the west bay, and a double-hung window in the east bay. To each side of the bay is a small stationary window. The south-facing gable end has most of the same features as the front gable. The vergeboards have a decorative bulls eye design at each end. The surface of the gable end is sheathed with seven rows of hexagonal shingles with a wood entablature and a row of wood dentils below. Below the dentils are two small, double-hung windows with decorative wood surrounds, separated by a set of 15 wood medallions. Under the windows is a rounded sill molding topping staggered rectangular shingles which wrap around the sides of the gable. The terminating skirt projects over the cutaway bay below and is supported by two decorative corner brackets. Continuing west on the south elevation there is a five-panel wood door with one glass light. The original plan (as shown in Comstock’s pattern book) shows a small window where the door is, and a brick voussoir several inches above the door indicates that there might have originally been a window in this location. A short row of slightly protruding bricks extends from near the top of the door frame west to what would have been the back corner of the original house. A similar protruding brick course extends lower down from the east side of the door to the lug sill under the stationary window, and on to the western edge of the bay. A wood deck, completed in 2017, runs from the south-elevation door to the rear of the house. Steps access the deck at the location of the door. A wooden privacy fence located west of the canted bay screens the deck from public view. 9.3 Packet Pg. 132 Attachment: Staff Report to LPC (6766 : McMillen-Patterson Landmark) Agenda Item 4 Item # 4 Page 5 The north elevation has a slightly projecting squared-off bay on the first story with two double-hung windows. A single double-hung window is located to the west on the bay on the first story. The north-facing gable above the bay has most of the same features as the south gable. The vergeboards have a decorative bulls eye design on each end, with a decorative wood shell design at the apex. The top of the gable end is sheathed with five rows of hexagonal shingles. Below is a wood entablature which tops a pair of double-hung windows with wood surrounds. The remainder of the wall is sheathed with staggered rectangular shingles. A brick chimney with a corbelled top rises from the east slope of the gable. Additions: The first addition to the house (18’ x 11’) was added before 1948, according to the tax assessor record; there is no building permit record. The one-story, brick addition was added to the rear (west) wall of the house. It has a rock-faced stone foundation and originally had a slightly sloping flat roof. There were no windows on the south or north elevations. There were two large windows on the west elevation that opened onto a 7’ x 16’ wood- frame back porch. In 1978, the current owner remodeled the first addition, removed the back porch, and added a second 10.5’-long addition to the west. The remodeling/addition project was designed by Dave Dobkins, son-in-law of architect William Robb. The first addition was expanded with the construction of another cross-gabled, skirted roof which extended to the west end of the original main (east-west) gable. Each of the south and north elevation gable ends in the addition has two double-hung windows with eight rows of hexagonal shingles above the window and rows of staggered rectangular shingles below, terminating in a wood molding and skirt, matching those of the original gables. The windows have plain wood surrounds. On the first story, two windows with plain wood surrounds were added on both the south and north elevations. On the north elevation, a small double-hung basement window (1978-79) is inside a stone-lined window well. Basement windows on the south elevation are not visible due to the deck. This second addition, which replaced the 7’ x 16’ back porch, is frame construction faced with brick, a concrete foundation, and a gable roof. The bricks were salvaged by the owners from a gas station that was being demolished at the corner of Jefferson Street and College Avenue in Fort Collins. On the main story of the west elevation are four double-hung windows with brick sills and a five-panel wood door (1978) with one light and a wood storm door (2014). A pair of double-hung windows with plain wood surrounds is centered in the gable end. There are seven rows of hexagonal shingles above the windows and staggered rectangular shingles on the lower part of the gable end terminating in a wood molding and skirt. The south elevation of the addition has a brick and wood-shingled exterior chimney. A wide wood deck with a wood railing on its north and south sides extends from the west wall of the house and wraps around the rear portion of the south elevation. The house is set back on the lot behind a wide front lawn. A concrete walkway leads from the street to the front porch, and around the south side of the house back to the garage and alley. A tall cedar fence encircles the backyard, from just west of the bay windows of the original house. A flagstone walk leads from the gate on the north side of the house to the back deck. Garage (1990; non-contributing): A 26’ x 20’, one-and-a-half-story, one-car garage was built to the west of the house in 1990 to replace an older garage built in 1924 and demolished in the early 1980s. The rectangular garage has wood lap siding and an asphalt shingled roof with metal ridge cap with ball finials matching those of the house. The roof has an intersecting central gable on the east elevation. The east elevation is symmetrical, with a central 4-panel wood door with a single upper light flanked by pairs of double-hung windows. A small double-hung window is centered in the gable end. The north elevation has one double-hung window on the upper story and the south elevation has a double-hung window on both stories. The west elevation has a single garage door offset to the south. STAFF EVALUATION Staff finds that the McMillen-Patterson Property qualifies for Fort Collins Landmark designation under Designation Standards A and C as an excellent example of an Eastlake style residence associated with the development of the Loomis Addition with a preponderance of exterior integrity. The dwelling continues to uphold all seven aspects of integrity. 9.3 Packet Pg. 133 Attachment: Staff Report to LPC (6766 : McMillen-Patterson Landmark) Agenda Item 4 Item # 4 Page 6 SAMPLE MOTIONS If the Commission finds that the McMillen-Patterson Property meets one or more of the criteria for Fort Collins landmark designation, the Commission shall adopt the following motion: That the Landmark Preservation Commission pass a resolution recommending that City Council designate the McMillen-Patterson Property as a Fort Collins Landmark in accordance with Municipal Code Chapter 14, based on the property’s significance under Standards A and C for its history as a in the development of the Loomis Addition and design as an Eastlake style residence, and its preponderance of exterior integrity. If the Commission finds that the McMillen-Patterson Property does not meet the criteria for landmark designation, it shall adopt a motion to this effect, and state its reasoning. ATTACHMENTS 1. Landmark Designation Application (PDF) 2. Location Map (PDF) 3. Staff Presentation (PDF) 9.3 Packet Pg. 134 Attachment: Staff Report to LPC (6766 : McMillen-Patterson Landmark) 1 Application for Fort Collins Landmark Designation – McMillen-Patterson Property Cassandra Bumgarner, Historic Preservation Planner Landmark Preservation Commission 04.18.2018 ATTACHMENT 4 9.4 Packet Pg. 135 Attachment: Staff Presentation to LPC, with photos (6766 : McMillen-Patterson Landmark) 121 N Grant – McMillen-Patterson Property 2 Façade, East Elevation 9.4 Packet Pg. 136 Attachment: Staff Presentation to LPC, with photos (6766 : McMillen-Patterson Landmark) 121 N Grant – McMillen-Patterson Property Façade, East Elevation details 3 9.4 Packet Pg. 137 Attachment: Staff Presentation to LPC, with photos (6766 : McMillen-Patterson Landmark) 121 N Grant – McMillen-Patterson Property South Elevation 4 9.4 Packet Pg. 138 Attachment: Staff Presentation to LPC, with photos (6766 : McMillen-Patterson Landmark) 121 N Grant – McMillen-Patterson Property South Elevation 5 9.4 Packet Pg. 139 Attachment: Staff Presentation to LPC, with photos (6766 : McMillen-Patterson Landmark) 121 N Grant – McMillen-Patterson Property West Elevation North Elevation 6 9.4 Packet Pg. 140 Attachment: Staff Presentation to LPC, with photos (6766 : McMillen-Patterson Landmark) 121 N Grant – McMillen-Patterson Property North Elevation 7 9.4 Packet Pg. 141 Attachment: Staff Presentation to LPC, with photos (6766 : McMillen-Patterson Landmark) 121 N Grant – McMillen-Patterson Property 8 Garage, non-contributing 9.4 Packet Pg. 142 Attachment: Staff Presentation to LPC, with photos (6766 : McMillen-Patterson Landmark) McMillen-Patterson Property • Constructed in 1887 • Standard A: Events – one of earliest in Loomis Addition, built and advertised as shown home to be given away in a drawing • Standard C: Design/Construction – Eastlake Style, pattern home • Exterior Integrity: Location, Design, Setting, Materials, Workmanship, Feeling, and Association 9 9.4 Packet Pg. 143 Attachment: Staff Presentation to LPC, with photos (6766 : McMillen-Patterson Landmark) Location and Context 10 9.4 Packet Pg. 144 Attachment: Staff Presentation to LPC, with photos (6766 : McMillen-Patterson Landmark) Role of the Landmark Preservation Commission Chapter 14, Article II of the Municipal Code, “Designation Procedures:” • Determine if property meets the criteria of a Fort Collins landmark • Must possess both significance and exterior integrity • Context of the area surrounding the property shall be considered Sec. 14-22(a): If all owners consent in writing, and a majority of Commission approves: • Commission may adopt a resolution recommending to the City Council the designation 11 9.4 Packet Pg. 145 Attachment: Staff Presentation to LPC, with photos (6766 : McMillen-Patterson Landmark) ATTACHMENT 5 9.5 Packet Pg. 146 Attachment: Landmark Preservation Commission Resolution 1, 2018 (6766 : McMillen-Patterson Landmark) 9.5 Packet Pg. 147 Attachment: Landmark Preservation Commission Resolution 1, 2018 (6766 : McMillen-Patterson Landmark) -1- ORDINANCE NO. 068, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE MCMILLEN-PATTERSON PROPERTY, 121 NORTH GRANT AVENUE, FORT COLLINS, COLORADO, AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS, pursuant to Section 14-2 of the City Code, the City Council has established a public policy encouraging the protection, enhancement and perpetuation of historic landmarks within the City; and WHEREAS, by resolution adopted on April 18, 2018, the Landmark Preservation Commission (the “Commission”) determined that the McMillan-Patterson Property at 121 North Grant Avenue in Fort Collins, as more specifically described in the legal description 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 A (Events) and Standard C (Design/Construction) as contained in Section 14-5(2) of the City Code; and WHEREAS, the Commission further determined that the Property meets the landmark criteria set forth in City Code Section 14-5, is eligible for designation as a landmark, and has recommended to the City Council that the Property be designated as a landmark; and WHEREAS, the owner of the Property has consented to such landmark designation, and desires to protect the Property; and WHEREAS, such landmark designation will preserve the Property’s significance to the community; and WHEREAS, the City Council has reviewed the recommendation of the Commission and desires to follow such recommendation and designate the Property as a landmark; and WHEREAS, designation of the Property as a landmark is necessary for the prosperity, civic pride, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 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: Packet Pg. 148 -2- NORTH 48 FEET OF LOT 16, BLOCK 291, LOOMIS ADDITION CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO 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 15th day of May, A.D. 2018, and to be presented for final passage on the 5th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Packet Pg. 149 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY May 15, 2018 City Council STAFF Ted Shepard, Chief Planner Judy Schmidt, Legal SUBJECT First Reading of Ordinance No. 063, 2018, Making Various Amendments to the City of Fort Collins Land Use Code. EXECUTIVE SUMMARY The purpose of this item is to adopt a variety of revisions, clarifications and additions to the Land Use Code that are generally housekeeping and routine in nature that have been identified since the last update in May 2017. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Land Use Code was first adopted in March 1997. Subsequent revisions have been recommended on a regular basis to make changes, additions, deletions and clarifications that have been identified since the last update. The proposed changes are offered to resolve implementation issues and to continuously improve both the overall quality and “user-friendliness” of the Code. CITY FINANCIAL IMPACTS One of the proposed changes would add five new uses that would be allowed within an L-M-N Neighborhood Center. These additions allow the Land Use Code to respond to current market trends and further enable economic activity. BOARD / COMMISSION RECOMMENDATION At its April 19, 2018 meeting, the Planning and Zoning Board considered the proposed revisions and voted unanimously to recommend approval of the package of Land Use Code revisions. PUBLIC OUTREACH All of the proposed changes have been discussed and refined in conjunction with the Planning and Zoning Board at its various work sessions during the latter part of 2017 and the early part of 2018. In addition, the proposed revisions were listed on “This Week in Development Review,” the weekly online notice that is posted on the website and sent to approximately 835 subscribers. Staff presented the proposed revisions to the Fort Collins Area Chamber of Commerce Local Legislative Affairs Committee. The proposed changes were also forwarded to members of the Development Review Advisory Committee. The items were noted on the “Agenda” notice for the April Planning and Zoning Board public hearing, and then post-hearing, listed again under “Recent Outcomes.” 10 Packet Pg. 150 Agenda Item 10 Item # 10 Page 2 ATTACHMENTS 1. Land Use Code Issues List (PDF) 2. Annotated Issues Summary (PDF) 3. Annotated Ordinance Index (PDF) 10 Packet Pg. 151 ATTACHMENT 1 10.1 Packet Pg. 152 Attachment: Land Use Code Issues List (6746 : Land Use Code Changes) 10.1 Packet Pg. 153 Attachment: Land Use Code Issues List (6746 : Land Use Code Changes) ATTACHMENT 2 10.2 Packet Pg. 154 Attachment: Annotated Issues Summary (6746 : Land Use Code Changes) 10.2 Packet Pg. 155 Attachment: Annotated Issues Summary (6746 : Land Use Code Changes) 10.2 Packet Pg. 156 Attachment: Annotated Issues Summary (6746 : Land Use Code Changes) 10.2 Packet Pg. 157 Attachment: Annotated Issues Summary (6746 : Land Use Code Changes) 10.2 Packet Pg. 158 Attachment: Annotated Issues Summary (6746 : Land Use Code Changes) 10.2 Packet Pg. 159 Attachment: Annotated Issues Summary (6746 : Land Use Code Changes) 10.2 Packet Pg. 160 Attachment: Annotated Issues Summary (6746 : Land Use Code Changes) 10.2 Packet Pg. 161 Attachment: Annotated Issues Summary (6746 : Land Use Code Changes) 10.2 Packet Pg. 162 Attachment: Annotated Issues Summary (6746 : Land Use Code Changes) 10.2 Packet Pg. 163 Attachment: Annotated Issues Summary (6746 : Land Use Code Changes) 10.2 Packet Pg. 164 Attachment: Annotated Issues Summary (6746 : Land Use Code Changes) 10.2 Packet Pg. 165 Attachment: Annotated Issues Summary (6746 : Land Use Code Changes) Land Use Code Revisions Annotated Ordinance Index Ord. Section # Code Cite Revision Effect Issue 1.4.3[E] Deletes an obsolete reference. Amend 1.4.3(E), 2.1.1, 2.13.3 , 3.2.4(D)6, 5.1.2 - to update the refereces to Director, Departments and delete outdated references and add two definitions. 2 1083 2.1.1 Replaces an obsolete reference with Director. Amend 1.4.3(E), 2.1.1, 2.13.3 , 3.2.4(D)6, 5.1.2 - to update the refereces to Director, Departments and delete outdated references and add two definitions. 3 1083 2.2.1 Replaces obsolete references with current terms. Amend 1.4.3(E), 2.1.1, 2.13.3 , 3.2.4(D)6, 5.1.2 - to update the refereces to Director, Departments and delete outdated references and add two definitions. 4 1083 2.13.3 Deletes an obsolete reference. Amend 1.4.3(E), 2.1.1, 2.13.3 , 3.2.4(D)6, 5.1.2 - to update the refereces to Director, Departments and delete outdated references and add two definitions. 5 1083 3.1.1 Clarifies the overall applicability of Article 3. Amend 3.1.1 - Applicability - Article Three General Development Standards - to clarify that these standards do not apply to single family detached dwellings on platted lots and adds clarity for existing development. 6 1064 3.2.1(E)(3) Updates various aspects associated with irrigation systems. Amend 3.2.1(E )(I)(J) - Water Conservation, Landscaping & Equipment - to update various regulations for irrigation systems including revised definitions. 7 1065 3.2.1(I)(2) Amend 3.2.1(E )(I)(J) - Water Conservation, Landscaping & Equipment - to update various regulations for irrigation systems including revised definitions. 8 1065 Monday, May 07, 2018 Page 1 of 11 ATTACHMENT 3 10.3 Packet Pg. 166 Attachment: Annotated Ordinance Index (6746 : Land Use Code Changes) Ord. Section # Code Cite Revision Effect Issue 3.2.1(J)(2) Amend 3.2.1(E )(I)(J) - Water Conservation, Landscaping & Equipment - to update various regulations for irrigation systems including revised definitions. 9 1065 3.2.1(J)(3)(b)3. Amend 3.2.1(E )(I)(J) - Water Conservation, Landscaping & Equipment - to update various regulations for irrigation systems including revised definitions. 10 1065 3.2.1(J)(3)(b)4. Amend 3.2.1(E )(I)(J) - Water Conservation, Landscaping & Equipment - to update various regulations for irrigation systems including revised definitions. 11 1065 3.2.1(J)(3)(b)5.f. Amend 3.2.1(E )(I)(J) - Water Conservation, Landscaping & Equipment - to update various regulations for irrigation systems including revised definitions. 12 1065 3.2.1(J)(3)[e] Amend 3.2.1(E )(I)(J) - Water Conservation, Landscaping & Equipment - to update various regulations for irrigation systems including revised definitions. 13 1065 3.2.2[C](4)(b) Balconies cannot count as bike parking spaces. Amend 3.2.2(C)(4)(b) – Bicycle Parking Space Requirements - Enclosed Bicycle Parking – to further allow only those locations that are convenient for the bicyclist (no balconies) and amend the definition. 14 1066 3.2.2(C)(5) Clarifies that intenral walkways cannot be obstructed. Amend 3.2.2(C)(5) - Walkways - to address internal private walkways that are otherwise not needed for A.D.A. compliance to be unobstructed by vertical curbs, raised landscape islands or other elements that restrict access. 15 1082 3.2.4(D)(6) Deletes an obsolete reference. Amend 1.4.3(E), 2.1.1, 2.13.3 , 3.2.4(D)6, 5.1.2 - to update the refereces to Director, Departments and delete outdated references and add two definitions. 16 1083 3.3.2([E](1)[e] Adds low impact development techniques to the Certification. Amend 3.3.2(E)(1)(e) – Required Improvements Prior to Issuance of Certificate of Occupancy – to update the certification of stormwater facilities to reference other techniques associated with low impact development. 17 1068 Monday, May 07, 2018 Page 2 of 11 10.3 Packet Pg. 167 Attachment: Annotated Ordinance Index (6746 : Land Use Code Changes) Ord. Section # Code Cite Revision Effect Issue 3.5.2(E)(5) For lots larger than 1 acre, adds a sliding scale for size of accessory buildings. Amend 3.5.2(E)(5) – Maximum Size of Detached Accessory Buildings – add a sliding scale so that for lots larger than one acre, accessory buildings may exceed the existing maximum of 2,500 square feet but not to exceed to 6% of the lot area. 18 1069 3.8.13(C)(9) Deletes lighting specifications from W.T.E. standards. Amend 3.8.13(C)(9) – Wireless Telecommunication Equipment – to delete specific lighting references and simply refer to the requirements of Section 3.2.4. 19 1070 3.8.17[C] Exempts Occupied Roofs from counting as a story and adds standards. Amend 3.8.17(C) – Building Height – Exemptions From Building Height Regulations – to include Structures Associated with Occupied Roofs as one of the features that would be exempt from the height requirements. Includes a new definition. 20 1071 3.8.30(A)[C] Adds Single Family Attached to multi-family open space standards. Amend Section 3.8.30(A)(C) - General Development Standard – Multi-Family Development Standards – to add Single Family Attached and to address issues associated with providing access to parks, central features or outdoor gathering places. 21 1072 3.8.30(F)(1) Clarifies wording of the standard. Amend 3.8.30(F)(1) – Design Standards for Multi- Family Buildings – to clarify the standard that requires a 25-foot setback from existing single and two-family dwellings. 22 1073 4.1(B)(1)(a) Moves W.T.E. to Basic Development Review process. Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 23 1074 4.1(B)(3)(d) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 24 1074 4.2(B)(1)(a) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 25 1074 4.2(B)(3)[e](2) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 26 1074 Monday, May 07, 2018 Page 3 of 11 10.3 Packet Pg. 168 Attachment: Annotated Ordinance Index (6746 : Land Use Code Changes) Ord. Section # Code Cite Revision Effect Issue 4.3(B)(1)[a] Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 27 1074 4.3(B)(3)(d) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 28 1074 4.4(B)(1)(b) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 29 1074 4.4(B)(3)[e] Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 30 1074 4.5(B)(1)(a) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 31 1074 4.5(B)(2)[c]3. Adds 3 new uses to Type One LMN Neighborhood Center. Amend 4.5(B)(2)&(3) – L-M-N Neighborhood Centers – to add five new permitted uses, dog day care, music studio, micro distillery/brewery/winery, health and membership club grocery store (5,000-45,000 square feet). 32 1075 4.5(B)(3)[c]1. Adds 2 new uses to Type Two LMN Neighborhood Center. Amend 4.5(B)(2)&(3) – L-M-N Neighborhood Centers – to add five new permitted uses, dog day care, music studio, micro distillery/brewery/winery, health and membership club grocery store (5,000-45,000 square feet). 33 1075 4.5(B)(3)(f) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 34 1074 4.5(D)(2)(a) Requires 2 housing types between 15 and 20 acres in LMN. Amend LMN 4.5(D)(2)(a) – Mix of Housing – to lower the threshold for requiring a mix of housing types from 20 acres to 15 acres and that two types are required. Retains the no less than 5% and no more than 80% ratios. 35 1076 Monday, May 07, 2018 Page 4 of 11 10.3 Packet Pg. 169 Attachment: Annotated Ordinance Index (6746 : Land Use Code Changes) Ord. Section # Code Cite Revision Effect Issue 4.5(D)(3)[c] Adds 5 new uses to the standards for an LMN Neighborhood Center. Amend 4.5(B)(2)&(3) – L-M-N Neighborhood Centers – to add five new permitted uses, dog day care, music studio, micro distillery/brewery/winery, health and membership club grocery store (5,000-45,000 square feet). 36 1075 4.5(D)(8) Increases the maximum floor area and moves from Definitions to LMN standards. Amend LMN 4.5(D)(8) – Independent Living Facility - to increase the maximum allowable gross floor area of the independent dwelling units from 25% to 50% of the total campus and move the standard out of definitions and into the LMN standards. 37 1077 4.6(B)(1)(a) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 38 1074 4.6(B)(3)[e] Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 39 1074 4.7(B)(1)[b) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 40 1074 4.7(B)(3)(d) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 41 1074 4.7(D)(2)(b) Adds Carports as accessory buildings in NCL Amend 4.7 – NCL zone and 4.8 – NCM zone – to clarify that the standards related to total allowable floor area on individual lots include Carports and add a definition for Carports as a detached accessory building 42 1078 4.8(B)(1)(d) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 43 1074 4.8(B)(3)[e] Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 44 1074 Monday, May 07, 2018 Page 5 of 11 10.3 Packet Pg. 170 Attachment: Annotated Ordinance Index (6746 : Land Use Code Changes) Ord. Section # Code Cite Revision Effect Issue 4.8(D)(2)(b) Adds Carports as accessory buildings in NCM Amend 4.7 – NCL zone and 4.8 – NCM zone – to clarify that the standards related to total allowable floor area on individual lots include Carports and add a definition for Carports as a detached accessory building 45 1078 4.9(B)(1)(d) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 46 1074 4.9(B)(3)[e] Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 47 1074 4.10(B)(1)(a) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 48 1074 4.10(B)3)[e] Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 49 1074 4.13(B)(1)(a) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 50 1074 4.13(B)(2)[c] Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 51 1074 4.14(B)(1)(a) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 52 1074 4.14(B)(3)(d) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 53 1074 Monday, May 07, 2018 Page 6 of 11 10.3 Packet Pg. 171 Attachment: Annotated Ordinance Index (6746 : Land Use Code Changes) Ord. Section # Code Cite Revision Effect Issue 4.16(B)(1)(a) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 54 1074 4.16(B)(2) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 55 1074 4.17(B)(1)(a) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 56 1074 4.17(B)(1)(g) Adds new marijuana related uses in River Downtown Redevelopment zone. Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 57 1079 4.17(B)(2)[e] Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 58 1074 4.18(B)(1)(a) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 59 1074 4.18(B)(2)[e] Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 60 1074 4.19(B)(1)(a) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 61 1074 4.19(B)(1)(g) Adds new marijuana related uses in the Community Commercial North College zone. Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 62 1079 Monday, May 07, 2018 Page 7 of 11 10.3 Packet Pg. 172 Attachment: Annotated Ordinance Index (6746 : Land Use Code Changes) Ord. Section # Code Cite Revision Effect Issue 4.19(B)(2)[e] Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 63 1074 4.20(B)(1)(a) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 64 1074 4.20(B)(2)[e] Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 65 1074 4.21(B)(1)(a) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 66 1074 4.21(B)(2) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 67 1074 4.22(B)(1)(a) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 68 1074 4.22(B)(1)(g) Adds new marijuana related uses in the Service Commercial zone. Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 69 1079 4.22(B)(2)[e] Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 70 1074 4.23(B)(1)(a) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 71 1074 Monday, May 07, 2018 Page 8 of 11 10.3 Packet Pg. 173 Attachment: Annotated Ordinance Index (6746 : Land Use Code Changes) Ord. Section # Code Cite Revision Effect Issue 4.23(B)(2)[e] Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 72 1074 4.24(B)(1)(a) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 73 1074 4.24(B)(2) Adds new marijuana related uses in the Limited Commercial zone. Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 74 1079 4.26(B)(1)(a) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 75 1074 4.26(B)(2)[e] Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 76 1074 4.27(B)(1)(a) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 77 1074 4.27(B)(2)[e] Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 78 1074 4.28(B)(1)(a) Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 79 1074 4.28(B)(1)(f) Adds new marijuana related uses in the Industrial zone. Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 80 1079 Monday, May 07, 2018 Page 9 of 11 10.3 Packet Pg. 174 Attachment: Annotated Ordinance Index (6746 : Land Use Code Changes) Ord. Section # Code Cite Revision Effect Issue 4.28(B)(2)[e] Amend Article Four – Zone Districts – Wireless Telecommunication Equipment – to move the current review process from either Type One review or Type Two review to Basic Development Review (B.D.R.) 81 1074 5.1.2 Amends the definition of Enclosed Bicycle Parking. Amend 3.2.2(C)(4)(b) – Bicycle Parking Space Requirements - Enclosed Bicycle Parking – to further allow only those locations that are convenient for the bicyclist (no balconies) and amend the definition. 82 1066 5.1.2 Adds a new definition for Carports. Amend 4.7 – NCL zone and 4.8 – NCM zone – to clarify that the standards related to total allowable floor area on individual lots include Carports and add a definition for Carports as a detached accessory building 83 1078 5.1.2 Adds a new definition for Department. Amend 1.4.3(E), 2.1.1, 2.13.3 , 3.2.4(D)6, 5.1.2 - to update the refereces to Director, Departments and delete outdated references and add two definitions. 84 1083 5.1.2 Amends the definition of Director. Amend 1.4.3(E), 2.1.1, 2.13.3 , 3.2.4(D)6, 5.1.2 - to update the refereces to Director, Departments and delete outdated references and add two definitions. 85 1083 5.1.2 Amends the definition of Hydrozone. Amend 3.2.1(E )(I)(J) - Water Conservation, Landscaping & Equipment - to update various regulations for irrigation systems including revised definitions. 86 1065 5.1.2 Amends the definition of Indoor Kennel. Amend 5.1.2 – Definition of Indoor Kennel – to allow dogs outdoors between 8:00 am and 5:00 pm to work with Dog Day Care. 87 1080 5.1.2 Amends the 4 sub-definitions of Long Term Care Facility. Amend 5.1.2 Definition of Long Term Care Facility and 4 sub-definitions. 88 1081 5.1.2 Adds a new definition for Marijuana Products. Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 89 1079 5.1.2 Amends the definition of Medical Marijuana Center. Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 90 1079 Monday, May 07, 2018 Page 10 of 11 10.3 Packet Pg. 175 Attachment: Annotated Ordinance Index (6746 : Land Use Code Changes) Ord. Section # Code Cite Revision Effect Issue 5.1.2 Amends the definition of Medical Marijuana Infused Products Manufacturer. Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 91 1079 5.1.2 Adds a new definition of Medical Marijuana Research and Development Cultivation. Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 92 1079 5.1.2 Adds a new definition of Medical Marijuana Research and Development Facility. Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 93 1079 5.1.2 Adds a new definition of Medical Marijuana Testing Facility. Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 94 1079 5.1.2 Amends the definition of Retail Marijuana Store. Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 95 1079 5.1.2 Amends the definition of Retail Marijuana Testing Facility. Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 96 1079 5.1.2 Adds a new definition for Structures Associated with Occupied Roofs. Amend 3.8.17(C) – Building Height – Exemptions From Building Height Regulations – to include Structures Associated with Occupied Roofs as one of the features that would be exempt from the height requirements. Includes a new definition. 97 1071 5.1.2 Amends the definition of Warehouse. Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 98 1079 5.1.2 Amends the definition of Wholesale Distribution. Amend 4.17 RDR, 4.19 CCN, 4.22 CS, 4.24 CL and 4.28 I zone districts to add two new uses that reflect State authorization for two new types of marijuana licenses. Includes amending and adding definitions. 99 1079 Monday, May 07, 2018 Page 11 of 11 10.3 Packet Pg. 176 -1- ORDINANCE NO. 063, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of staff and the City Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, since its adoption, City staff and the Planning and Zoning Board have continued to review the Land Use Code and identify and explore various issues related to the Land Use Code and have now made new recommendations to the Council regarding certain issues that are ripe for updating and improvement; and WHEREAS, the City Council has determined that the recommended Land Use Code amendments are in the best interests of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 1.4.3(E) of the Land Use Code is hereby amended to read as follows: . . . (E) Official Record. The Director shall maintain an official record of all interpretations in the Community Planning and Environmental Services Department. Such official record shall be available for public inspection during normal business hours. . . . Section 3. That Section 2.1.1 of the Land Use Code is hereby amended to read as follows: 2.1.1 - Decision Maker and Administrative Bodies The City Council, Planning and Zoning Board, Zoning Board of Appeals and Community Planning and Environmental Services Director (the "Director")Director are frequently referenced in this Land Use Code. Reference should be made to Chapter 2 of the City Code for descriptions Packet Pg. 177 -2- of these and other decision makers and administrative bodies, and their powers, duties, membership qualifications and related matters. . . . Section 4. That Section 2.2.1 of the Land Use Code is hereby amended to read as follows: 2.2.1 - Step 1: Conceptual Review/Preliminary Design Review (A) Conceptual Review: (1) Purpose. Conceptual review is an opportunity for an applicant to discuss requirements, standards and procedures that apply to his or her development proposal. Major problems can be identified and solved during conceptual review before a formal application is made. Representatives of the Community Planning and Environmental Services, Community ServicesDepartment, Poudre Fire Authority, Police Services, Water & Wastewater UtilityUtilities, Electric Utility, Storm DrainageStormwater Utility, Building and Zoning Department and Cultural, Library and Recreation Services, regularly attend conceptual review meetings and other departments as appropriate, and special districts where applicable. . . . (B) Preliminary Design Review: (1) Purpose. Preliminary design review is an opportunity for an applicant to discuss requirements, standards, procedures, potential modifications of standards or variances that may be necessary for a project and to generally consider in greater detail the development proposal design which has been evaluated as a part of the conceptual review process. While the conceptual review process is a general consideration of the development proposal, preliminary design review is a consideration of the development proposal in greater detail. Problems of both a major and minor nature can be identified and solved during the preliminary design review before a formal application is made. Representatives of the Community Planning and Environmental Services, Community ServicesDepartment, Poudre Fire Authority, Police Services, Water and Wastewater UtilityUtilities, Electric Utility, Storm DrainageStormwater Utility, Building and Zoning Department, and Cultural, Library and Recreation Services regularly attend preliminary design review meetings and other departments as appropriate, and special districts where applicable. Additionally, other public or quasi-public agencies which may be impacted by the development project are invited and encouraged to attend the preliminary design review. These agencies may include the gas utility, water and/or wastewater utility Packet Pg. 178 -3- districts, ditch companies, railroads, cable television service providers and other similar agencies. . . . Section 5. That Section 2.13.3 of the Land Use Code is hereby amended to read as follows: 2.13.3 - Application An Application for vested rights determination or takings determination shall be submitted to the dDirector of community planning and environmental services (the "director") in the form established by the director. an application fee in the amount of two thousand five hundred dollars ($2,500.00) per application (i.e., $2,500.00 for vested rights, $2,500.00 for takings, whichever is applied for) shall accompany and be part of the application. the application shall, at a minimum, include: . . . Section 6. That Section 3.1.1 of the Land Use Code is hereby amended to read as follows: 3.1.1 Applicability All development applications and building permit applications shall comply with the applicable standards contained in divisions 3.1 through 3.9, except that single-family detached dwellings and extra occupancy rental houses on platted lots that are subject only to building permit review basic development review under article 4, as well as any accessory buildings, structures and accessory uses associated with such single-family dwellings and extra occupancy rental houses, need to comply only with: (a) the standards contained in article 4 for the zone district in which such uses are located; (b) the standards contained in division 3.8; and (c) with respect to extra occupancy rental houses, the standards contained in section 3.2.2(k)(1)(j). Existing Development. In addition to the foregoing, this Land Use Code shall continue to also apply to ongoing the use of land in a completed development following development to the extent that the provisions of this land use code can be reasonably and logically interpreted as having such ongoing application. Section 7. That Section 3.2.1(E)(3) of the Land Use Code is hereby amended to read as follows: 3.2.1 Landscaping and Tree Protection (3) Water Conservation . To the extent reasonably feasible, all landscape plans shall be designed to incorporate water conservation materials and techniques in order Packet Pg. 179 -4- to comply with each of the Xeriscape landscaping principles listed below. Xeriscape landscaping principles do not include or allow artificial turf or plants, mulched (including gravel) beds or areas without landscape plant material, paving of areas not required for walkways, plazas or parking lots, bare ground, weed covered or infested surfaces or any landscaping that does not comply with the standards of this section. (a) Xeriscape landscaping principles are as follows: 1. Design. Identify zones of different water requirements and group plants together that have similar water needs; 2. Appropriate Use of Turf. Limit high-irrigation turf and plantings to appropriate high-use areas with high visibility and functional needs; 3. Low-Water-Using Plants. Choose low-water-demanding plants and turf where practicable; 4. Irrigation. Design, operate and maintain an efficient irrigation system; 5. Soil Preparation. Incorporate soil amendments before planting; 6. Mulch. Add mulch to planting beds to a minimum depth of three (3) inches; 7. Maintenance. Provide regular and attentive maintenance. (b) Landscape plans submitted shall include: 1. Accurate and clear identification of all applicable hydrozones using the following categories: (3) Water Conservation. Landscape plans shall be designed to incorporate water- efficient techniques. High Hydrozone: 18 gallons/s.f./season Moderate Hydrozone: 10 gallons/s.f./season Low Hydrozone: 3 gallons/s.f./season Very Low Hydrozone: 0 gallons/s.f./season Packet Pg. 180 -5- (a) Landscape designs shall be designed according to the xeriscape landscaping principles described as follows: 1. Plan and design. Plan for how people will use and interact with the landscape. Group landscape materials accordingly based upon hydrozone. 2. Landscape arrangement. Provide a cohesive arrangement of turf, plants, mulch, boulders and other landscape elements that support the criteria in Section 3.2.1(H). Landscape elements shall be arranged to provide appropriate plant spacing and grouping and to avoid a disproportionate and excessive use of mulch areas. 3. Appropriate use of turf. Limit high water-use turf to high-traffic areas where turf is functional and utilized. 4. Appropriate plant selection. Selected plants shall be well-adapted to the Fort Collins climate and site conditions. Plants shall be grouped according to water and light requirements. 5. Efficient irrigation. Design, operate and maintain an efficient irrigation system. Select equipment appropriate to the hydrozone. Water deeply and infrequently to develop greater drought tolerance. 6. Soil preparation. Incorporate soil amendments appropriate to the soil and the plant material. Soil preparation must be in accordance with City of Fort Collins Municipal Code 3.8.21. 7. Mulch. Maintain a minimum depth of three inches of mulch in planting beds to conserve soil moisture and control weeds, with careful placement and adjustment of depth near plant stems as needed to allow unimpeded plant establishment and vigorous growth. 8. Maintenance. Provide regular maintenance including but not limited to weeding, pruning, mowing to an appropriate height, deadheading, replacement of dead plant material, and replenishment of mulch surfaces. 9. Xeriscape principles do not include or allow artificial turf or plants; paving of areas not used for walkways, patios or parking; excessive bare ground or mulch; weed infestations; or any landscaping that does not comply with the standards of this section. (b) Landscape plans shall include: Packet Pg. 181 -6- 1. A water budget chart that shows the total annual water use, which shall not exceed an average of fifteen (15) gallons/square foot for the landscape. a. Accurate and clear identification of all applicable hydrozones using the following categories: . . . Section 8. That Section 3.2.1(I)(2) of the Land Use Code is hereby amended to read as follows: (2) Plant Materials. Plant materials shall be selected from a list of native plants and other plants determined to be appropriate for and well adapted to local environmental conditions, as such list is established and updated from time to time by the Director and entitled the City of Fort Collins Plant List. Additional plants may be added to the Plant List upon a determination by the Director that such plants are appropriate for inclusion consistent with the above standard.Plant material shall be selected from the City of Fort Collins Plant List created by Fort Collins Utilities Customer Connections Department and adopted by the Director. The Plant List contains plants determined by local resources to be appropriate for local conditions. The Director may approve plants not included on the list upon a determination that such plants are well suited for the local climate. . . . Section 9. That Section 3.2.1(J)(2) of the Land Use Code is hereby amended to read as follows: (J) Irrigation. . . . (2) For any development provided water bywithin the City, an irrigation plan shall be submitted to and approved by the Utilities Executive Director prior to the issuance of the building permit, or if no building permit is required, then prior to commencement of construction. As determined by the Director, minor redevelopment or change of use High Hydrozone 18 gallons/square feet/season Moderate Hydrozone 10 gallons/square feet/season Low Hydrozone 3 gallons/square feet/season Very Low Hydrozone 0 gallons/square feet/season Packet Pg. 182 -7- projects may not be required to submit an irrigation plan; in such cases, a written statement shall be submitted describing the type of irrigation system proposed. The irrigation plan shall incorporate the City of Fort Collins Irrigation System Standards for Water Conservation set forth below. In addition, the irrigation system must be inspected for compliance with the approved irrigation plan before the issuance of a Certificate of Occupancy. . . . Section 10. That Section 3.2.1(J)(3)(b)3. of the Land Use Code is hereby amended to read as follows: 3. Irrigation controllers shall be "smart" controllers, using climate- based or soil moisture-based technology, selected from the Irrigation Association's current Smart Water Application Technologies (SWAT) tested products list or other similarly tested product list, selected from the WaterSense labeled irrigation controllers list issued by the United States Environmental Protection Agency from time-to-time and available at the City of Fort Collins Utilities Water Conservation Department. Controllers shall be installed and programmed according to manufacturer's specifications. . . . Section 11. That Section 3.2.1(J)(3)(b)4. of the Land Use Code is hereby amended to read as follows: 4. A rain sensor shall be installed on each irrigation controller and installed according to the manufacturer's specifications. An evapotranspiration (ET) sensor or weather monitor shall be installed on each irrigation controller and installed according to manufacturer’s specifications in a location to receive accurate weather conditions. . . . Section 12. That Section 3.2.1(J)(3)(b)5.f. of the Land Use Code is hereby amended to read as follows: f. Sprayheads on a zone shall have matched precipitation nozzles. Variable Arc Nozzles (VAN) are not acceptable for ninety (90), one hundred eighty (180) and three hundred sixty (360) degree applications. High-Efficiency Variable Arc Nozzles (HE-VAN) are acceptable only in odd shaped areas where ninety (90), one hundred eighty (180) and three hundred sixty (360) are not applicable. Packet Pg. 183 -8- Section 13. That Section 3.2.1(J)(3)(e) of the Land Use Code is hereby amended to read as follows: (e) Sprinkler Performance Audit. . . . 3. Audit results below the minimum acceptable distribution uniformity as set for the subsection (e)2. above require adjustments and/or repairs to the irrigation system. These corrections will be noted on the irrigation as-builts and the test area re-audited until acceptable efficiency/results. 34. The audit shall measure the operating pressure for one (1) sprinkler on each zone to determine whether the zone meets the above pressure requirements. 45. A copy of the sprinkler performance audit shall be submitted to and approved by the City before issuance of a certificate of occupancy. Section 14. That Section 3.2.2(C)(4)(b) of the Land Use Code is hereby amended to read as follows: . . . (4) Bicycle Facilities. Commercial, industrial, civic, employment and multi-family residential uses shall provide bicycle facilities to meet the following standards: . . . (b) Bicycle Parking Space Requirements. The minimum bicycle parking requirements are set forth in the table below. For uses that are not specifically listed in the table, the number of bicycle parking spaces required shall be the number required for the most similar use listed. Enclosed bicycle parking spaces may not be located on balconies. . . . Section 15. That Section 3.2.2(C)(5) of the Land Use Code is hereby amended to read as follows: (5) Walkways. (a) Directness and Continuity. Walkways within the site shall be located and aligned to directly and continuously connect areas or points of pedestrian Packet Pg. 184 -9- origin and destination, and shall not be located and aligned solely based on the outline of a parking lot configuration that does not provide such direct pedestrian access. Walkways shall be unobstructed by vertical curbs, stairs, raised landscape islands, utility appurtenances or other elements that restrict access and shall link street sidewalks with building entries through parking lots. Such walkways shall be raised or enhanced with a paved surface not less than six (6) feet in width. Drive aisles leading to main entrances shall have walkways on both sides of the drive aisle. . . . Section 16. That Section 3.2.4(D)(6) of the Land Use Code is hereby amended to read as follows: (6) Unique areas or neighborhoods within the City may have additional design guidelines for lighting as part of a neighborhood or area plan. The Community Planning and Environmental Services Department can provide information regarding neighborhood or area plans. Natural areas and natural features shall be protected from light and spillage from off-site sources. . . . Section 17. That Section 3.3.2(E)(1)(e) of the Land Use Code is hereby amended to read as follows: (E) Required Improvements Prior to Issuance of Certificate of Occupancy. . . . (e) The City shall be provided with a certification by a licensed professional engineer that all stormwater drainage facilities required by the City to serve the property and to protect downstream property have been constructed in conformance with the approved plans and drainage report, if any. Such certification shall be in the form required pursuant to the Storm Drainage Design Criteria and Construction Standards of the City. (e) Drainage. The construction of stormwater drainage facilities required by the approved Development Plan Documents must be consistent with the Stormwater Criteria Manual as it may be modified from time to time. Such stormwater drainage facility must be verified by an authorized City inspector at the appropriate phases of construction activities as specified in the Development Certification Checklist issued by and available from the Department, including but not limited to the following: (1) Porous Pavers: (a) Installation must be verified via inspection by an authorized City inspector at the point of installation of the outlet, underdrain, Packet Pg. 185 -10- geomembrane layer, if included in whole or in part in the design detail set forth in the Development Plan Documents, and sub-base course. (b) Installation of this facility must be verified via inspection by an authorized City inspector at the point of installation of the pavers and joint fill material. (2) Bioretention Cells, Rain Gardens, and/or Sand Filters: (a) Installation of this facility was verified via inspection by an authorized City inspector at the point of installation of the outlet, underdrain and geomembrane layer, if included in whole or in part in the design detail set forth in the Development Plan Documents, and base course. (b) Installation of this facility was verified via inspection by an authorized City inspector at the point of installation of the pea gravel course and sand or growing media layer course. (3) Extended Detention Basins: Installation of this facility was verified via inspection by an authorized City inspector at the point of installation of the water quality control box(es). (4) Underground Treatment: Installation of this facility was verified via inspection by an authorized City inspector at the point at which the feature is installed but not buried. In the event of non-compliance, the City shall have the option to withhold building permits and/or certificates of occupancy or use any other legal remedy that may be provided in the City Code, the Land Use Code and/or the Development Agreement, as determined appropriate to ensure that the Developer properly installs all privately owned stormwater improvements associated with the development as specified in the Development Plan Documents. In addition, a “Drainage Certification” prepared by a Professional Engineer licensed in the State of Colorado must be provided. The “Certification” must confirm to the City that all stormwater drainage facilities required to serve the property have been constructed in conformance with the approved Development Plan Documents so as to protect downstream property and the quality of Stormwater runoff from the property to comply with the City’s Municipal Separate Storm Sewer System permit. Such certification must be in the form required by the City’s Stormwater Criteria Manual and Construction Standards. . . . Packet Pg. 186 -11- Section 18. That Section 3.5.2(E)(5) of the Land Use Code is hereby amended to read as follows: (5) Maximum Size of Detached Accessory Buildings. Any detached accessory building that is incidental to a single-family or two-family dwelling shall contain a maximum of eight hundred (800) square feet of floor area on lots whichthat are less than twenty thousand (20,000) square feet in size, a maximum of one thousand two hundred (1,200) square feet of floor area on lots whichthat are between twenty thousand (20,000) square feet and one (1) acre in size, and a maximum of two thousand five hundred (2,500) square feet of floor area of six (6) percent of the total lot area on lots whichthat are larger than one (1) acre in size, except that the size of such building may be increased by the minimum amount necessary to accommodate a handicap accessible parking bay when such a bay is required by the City's Building Code. . . . Section 19. That Section 3.8.13(C)(9) of the Land Use Code is hereby amended to read as follows: . . . (9) Lighting. The light source for security lighting shall be high pressure sodium and feature down-directional, sharp cut-off luminaries so that there is no spillage of illumination off-site. comply with the requirements of Section 3.2.4. Light fixtures, whether freestanding or tower-mounted, shall not exceed twenty- two (22) feet in height. . . . Section 20. That Section 3.8.17(C) of the Land Use Code is hereby amended to read as follows: (C) Exemptions From Building Height Regulations. The following structures and features shall be exempt from the height requirements of this Land Use Code: . . . (9) structures associated with occupied roofs where the parapet wall does not exceed four (4) feet above the roof deck. If such roofs include enclosed space, such space such as shade structures, storage closets, and other installations, shall cover no more than twenty-five (25) percent of the horizontal surface area of the roof and shall be set back at a thirty-five (35) degree angle measured at the intersection of the floor plane of the story below the roof. Section 21. That Section 3.8.30(A) and (C) of the Land Use Code is hereby amended to read as follows: 3.8.30 - Multi-Family and Single-Family Attached Dwelling Development Standards Packet Pg. 187 -12- (A) Purpose/Applicability. The following standards apply to all: (1) multi-family developments that contain at least four (4) dwelling units; and (2) single-family attached developments that contain at least four (4) dwelling units where there is no reasonably sufficient area for outdoor activities and useable outdoor space on an individual per lot basisdevelopment projects that contain at least four (4) dwelling units. These standards are intended to promote variety in building form and product, visual interest, access to parks, pedestrian-oriented streets and compatibility with surrounding neighborhoods. . . . (C) Access to a Park, Central Feature or Gathering Place. At least ninety (90) percent of the dwellings in all development projects containing two (2) or more acres shall be located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of either a neighborhood park, a privately owned park or a central feature or gathering place that is located either within the project or within adjacent development, which distance shall be measured along street frontage without crossing an arterial street. Such parks, central features or gathering places shall contain one (1) or more of the following uses: . . . (2) Privately owned parks, meeting the following criteria: (a) For projects between two (2) and five (5) acres, the development is required to provide sufficient outdoor gathering areas or site amenities, either public or private, to sustain the activities associated with single- family attached and multi-family residential development, to adequately serve the occupants of the development as set forth below. Such outdoor gathering areas may include, without limitation, small parks, playgrounds, pools, sports courts, picnic facilities, passive open space, recreational areas, plazas, courtyards, or naturalistic features. For projects greater than five (5) acres and less than ten (10) acres, the private park must be a minimum of five thousand (5,000) square feet. For projects greater than ten (10) acres, the private park must be a minimum of ten thousand (10,000) square feet. . . . Packet Pg. 188 -13- Section 22. That Section 3.8.30(F)(1) of the Land Use Code is hereby amended to read as follow: (F) Design Standards for Multi-Family Dwellings. (1) Orientation and Yards Along Single- and Two-Family Residential Development. Buffer yards shall be provided along the property line of abutting property containing existing single- and two-family dwellings. Minimum depth shall be twenty-five (25) feet. This provision shall not apply to structures within the Neighborhood Conservation Buffer (NCB) district and the Neighborhood Conservation Medium Density (NCM) district. . . . Section 23. That Section 4.1(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (6) which reads in its entirety as follows: 6. Wireless telecommunication equipment, unless located within one thousand three hundred twenty (1,320) feet (one-quarter [1/4] mile) of the centerline of either I-25 or Carpenter Road. Section 24. That Section 4.1(B)(3)(d) of the Land Use Code is hereby deleted in its entirety as follows: (d) Accessory Uses: 1. Wireless Telecommunications Equipment, provided that it is not located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of the centerline of either I-25 or Carpenter Road. Section 25. That Section 4.2(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (6) which reads in its entirety as follows: 6. Wireless telecommunication equipment. Section 26. That Section 4.2(B)(3)(e)(2) of the Land Use Code is hereby deleted in its entirety as follows: 2. Wireless telecommunication equipment. Section 27. That Section 4.3(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (5) which reads in its entirety as follows: Packet Pg. 189 -14- 5. Wireless telecommunication equipment. Section 28. That Section 4.3(B)(3)(d) of the Land Use Code is hereby deleted in its entirety as follows: (d) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipment. Section 29. That Section 4.4(B)(1)(b) of the Land Use Code is hereby amended by the addition of a new subparagraph (5) which reads in its entirety as follows: 5. Wireless telecommunication equipment. Section 30. That Section 4.4(B)(3)(e) of the Land Use Code is hereby deleted in its entirety as follows: (e) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipment. Section 31. That Section 4.5(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (5) which reads in its entirety as follows: 5. Wireless telecommunication equipment. Section 32. That Section 4.5(B)(2)(c)3. of the Land Use Code is hereby amended to read as follows: 3. Neighborhood centers consisting of at least two (2) of the following uses: mixed-use dwelling units; retail stores; convenience retail stores; personal and business service shops; small animal veterinary facilities; offices, financial services and clinics; community facilities; neighborhood support/ recreation facilities; schools; child care centers; limited indoor recreation establishments; open-air farmers markets; and places of worship or assembly, dog day care, music studio, micro brewery/distillery/winery. . . . Section 33. That Section 4.5(B)(3)(c)1. of the Land Use Code is hereby amended to read as follows: (c) Commercial/Retail Uses: Packet Pg. 190 -15- 1. Neighborhood centers consisting of one (1) or more of the following uses: standard and fast food restaurants (without drive-in or drive-through facilities); artisan and photography studios and galleries; or convenience retail stores with fuel sales that are at least three-quarters (¾) mile from any other such use and from any gasoline station; grocery store, health and membership club, provided that such use or uses are combined with at least one (1) other use listed in subparagraph (B)(2)(c)3 above. . . . Section 34. That Section 4.5(B)(3)(f) of the Land Use Code is hereby deleted in its entirety as follows: (f) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipment. Section 35. That Section 4.5(D)(2)(a) of the Land Use Code is hereby amended to read as follows: (a) A minimum of housing types areis required on any project development plan as follows: 1. a minimum of two (2) housing types is required on any project development plan containing at least fifteen (15) acres and less than twenty (20) acres. 2. Aa minimum of three (3) housing types shall beis required on any project development plan containing twenty (20) acres or more and less than thirty (30) acres, including such plans that are part of a phased overall development; and 3. a minimum of four (4) housing types shall beis required on any such project development plan containing thirty (30) acres or more. . . . Section 36. That Section 4.5(D)(3)(c) of the Land Use Code is hereby amended to read as follows: (c) Land Use Requirements. A neighborhood center shall include two (2) or more of the following uses: mixed-use dwelling units; community facilities; neighborhood support/recreation facilities; schools; child care centers; places of worship or assembly; convenience retail stores; retail stores; offices, financial services and clinics with less than five thousand (5,000) square feet of building footprint area; personal or business service Packet Pg. 191 -16- shops; standard or fast food restaurants (without drive-in or drive-through facilities); small animal veterinary clinics; convenience retail stores with fuel sales that are at least three-quarters (¾) mile from any other such use and from any gasoline station; and artisan or photography studios or galleries, dog day cares, music studios, micro- breweries/distilleries/wineries, grocery stores and health and membership clubs. No drive-in facilities shall be permitted. A neighborhood center shall not exceed (5) acres in size, excluding such portion of the neighborhood center which is composed of a school, park, place of worship or assembly and/or outdoor space as defined in subparagraph (e) of this Section. Section 37. That Section 4.5(D) of the Land Use Code is hereby amended by the addition of a new subsection (8) which reads in its entirety as follows: (D) Land Use Standards. . . . (8) Long Term Care Facilities – Independent Living Facility. Independent dwelling units shall not occupy more than fifty (50) percent of the total gross floor area of a long-term care development. Section 38. That Section 4.6(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (5) which reads in its entirety as follows: 5. Wireless telecommunication equipment. Section 39. That Section 4.6(B)(3)(e) of the Land Use Code is hereby deleted in its entirety as follows: (e) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipment. Section 40. That Section 4.7(B)(1)(b) of the Land Use Code is hereby amended by the addition of a new subparagraph (6) which reads in its entirety as follows: 6. Wireless telecommunication equipment. Section 41. That Section 4.7(B)(3)(d) of the Land Use Code is hereby deleted in its entirety as follows: (d) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipment. Packet Pg. 192 -17- Section 42. That Section 4.7(D)(2)(b) of the Land Use Code is hereby amended to read as follows: (b) For the purpose of calculating allowable floor area, one hundred (100) percent of the floor area of the following spaces and building elements shall be included: . . . 4. Carports. . . . Section 43. That Section 4.8(B)(1)(d) of the Land Use Code is hereby amended by the addition of a new subparagraph (6) which reads in its entirety as follows: 6. Wireless telecommunication equipment. Section 44. That Section 4.8(B)(3)(e) of the Land Use Code is hereby deleted in its entirety as follows: (e) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipment. Section 45. That Section 4.8(D)(2)(b) of the Land Use Code is hereby amended to read as follows: (b) For the purpose of calculating allowable floor area, one hundred (100) percent of the floor area of the following spaces and building elements shall be included: . . . 4. Carports. . . . Section 46. That Section 4.9(B)(1)(d) of the Land Use Code is hereby amended by the addition of a new subparagraph (6) which reads in its entirety as follows: 6. Wireless telecommunication equipment. Section 47. That Section 4.9(B)(3)(e) of the Land Use Code is hereby deleted in its entirety as follows: (e) Accessory/Miscellaneous Uses: Packet Pg. 193 -18- 1. Wireless telecommunication equipment. Section 48. That Section 4.10(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (4) which reads in its entirety as follows: 4. Wireless telecommunication equipment. Section 49. That Section 4.10(B)(3)(e) of the Land Use Code is hereby deleted in its entirety as follows: (e) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipment. Section 50. That Section 4.13(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (5) which reads in its entirety as follows: 5. Wireless telecommunication equipment. Section 51. That Section 4.13(B)(2)(c) of the Land Use Code is hereby amended to read as follows: (c) Accessory/Miscellaneous Uses: 1. Agricultural activities. 2. Wireless telecommunication equipmentfacilities. 3. Wireless telecommunication facilities. Section 52. That Section 4.14(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (5) which reads in its entirety as follows: 5. Wireless telecommunication equipment. Section 53. That Section 4.14(B)(3)(d) of the Land Use Code is hereby amended to read as follows: (d) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipmentfacilities. 2. Wireless telecommunication facilities. Packet Pg. 194 -19- Section 54. That Section 4.16(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (3) which reads in its entirety as follows: 3. Wireless telecommunication equipment. Section 55. That the table contained in Section 4.16(B)(2) of the Land Use Code is hereby amended to read as follows: Land Use Old City Center Canyon Avenue Civic Center . . . E. ACCESSORY - MISCELLANEOUS . . . . . . . . . . . . Wireless communication equipment Type 1 Type 1 Type 1 . . . . . . . . . . . . Section 56. That Section 4.17(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. Section 57. That Section 4.17(B)(1)(g) of the Land Use Code is hereby amended to read as follows: (g) Industrial Uses: 1. Medical marijuana optional premises cultivation operations. 2. Medical marijuana-infused product manufacturers. 3. Medical marijuana research and development facility. 4. Facility for medical marijuana research and development cultivation. 5. Medical marijuana testing facility. 36. Retail marijuana cultivation facility. Packet Pg. 195 -20- 47. Retail marijuana product manufacturing facility. 58. Retail and medical marijuana testing facility. Section 58. That Section 4.17(B)(2)(e) of the Land Use Code is hereby amended to read as follows: (e) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipment. 21. Satellite dish antennas greater than thirty-nine (3) inches in diameter. Section 59. That Section 4.18(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. Section 60. That Section 4.18(B)(2)(e) of the Land Use Code is hereby deleted in its entirety as follows: (e) Accessory/Miscellaneous Uses: 1. Satellite dish antennas greater than thirty-nine (3) inches in diameter. 2. Wireless telecommunication equipmentfacilities. 3. Wireless telecommunication facilities. Section 61. That Section 4.19(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. Section 62. That Section 4.19(B)(1)(g) of the Land Use Code is hereby amended to read as follows: (g) Industrial Uses: 1. Medical marijuana optional premises cultivation operations. 2. Medical marijuana-infused product manufacturers. Packet Pg. 196 -21- 3. Medical marijuana research and development facility. 4. Facility for medical marijuana research and development cultivation. 5. Medical marijuana testing facility. 36. Retail marijuana cultivation facility. 47. Retail marijuana product manufacturing facility. 58. Retail and medical marijuana testing facility. Section 63. That Section 4.19(B)(2)(e) of the Land Use Code is hereby amended to read as follows: (e) Accessory/Miscellaneous Uses: 1. Satellite dish antennas greater than thirty-nine (3) inches in diameter. 2. Wireless telecommunication equipmentfacilities. 3. Wireless telecommunication facilities. Section 64. That Section 4.20(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. Section 65. That Section 4.20(B)(2)(e) of the Land Use Code is hereby amended to read as follows: (e) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipment. 21. Wireless telecommunication facilities. 32. Satellite dish antennas greater than thirty-nine (3) inches in diameter. Section 66. That Section 4.21(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (3) which reads in its entirety as follows: 3. Wireless telecommunication equipment. Packet Pg. 197 -22- Section 67. That the table contained in Section 4.21(B)(2) of the Land Use Code is hereby amended to read as follows: Land Use I-25/SH 392 (CAC) General Commercial District (C-G) . . . E. ACCESSORY – MISC. . . . . . . . . . Wireless telecommunication facilities Not permitted Type 1 . . . . . . . . . Section 68. That Section 4.22(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. Section 69. That Section 4.22(B)(1)(g) of the Land Use Code is hereby amended to read as follows: (g) Industrial Uses: 1. Medical marijuana optional premises cultivation operations. 2. Medical marijuana-infused product manufacturers. 3. Medical marijuana research and development facility. 4. Facility for medical marijuana research and development cultivation. 5. Medical marijuana testing facility. 36. Retail marijuana cultivation facility. 47. Retail marijuana product manufacturing facility. Packet Pg. 198 -23- 58. Retail and medical marijuana testing facility. Section 70. That Section 4.22(B)(2)(e) of the Land Use Code is hereby amended to read as follows: (e) Accessory/Miscellaneous Uses: 1. Satellite dish antennas greater than thirty-nine (3) inches in diameter. 2. Wireless telecommunication equipmentfacilities. 3. Wireless telecommunication facilities. Section 71. That Section 4.23(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. Section 72. That Section 4.23(B)(2)(e) of the Land Use Code is hereby amended to read as follows: (e) Accessory/Miscellaneous Uses: 1. Satellite dish antennas greater than thirty-nine (3) inches in diameter. 2. Wireless telecommunication equipmentfacilities. 3. Wireless telecommunication facilities. Section 73. That Section 4.24(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (3) which reads in its entirety as follows: 3. Wireless telecommunication equipment. Section 74. That the table contained Section 4.24(B)(2) of the Land Use Code is hereby amended to read as follows: Land Use Riverside Area All Other Areas . . . D. INDUSTRIAL Packet Pg. 199 -24- . . . Medical marijuana optional premises cultivation operations Not permitted BDR Medical marijuana-infused product manufacturers Not permitted BDR Medical marijuana research and development facility Not Permitted BDR Facility for medical marijuana research and development cultivation Not Permitted BDR Medical marijuana testing facility Not permitted BDR Retail marijuana cultivation facility. Not permitted BDR Retail marijuana product manufacturing facility Not permitted BDR Retail and medical marijuana testing facility Not permitted BDR . . . . . . . . E. ACCESSORY – MISC. Wireless telecommunication equipment Type 1 Type 1 . . . . . . . . . Section 75. That Section 4.26(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. Section 76. That Section 4.26(B)(2)(e) of the Land Use Code is hereby amended to read as follows: (e) Accessory/Miscellaneous Uses: 1. Satellite dish antennas greater than thirty-nine (3) inches in diameter. Packet Pg. 200 -25- 2. Wireless telecommunication equipmentfacilities. 3. Wireless telecommunication facilities. Section 77. That Section 4.27(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. Section 78. That Section 4.27(B)(2)(e) of the Land Use Code is hereby amended to read as follows: (e) Accessory/Miscellaneous Uses: 1. Satellite dish antennas greater than thirty-nine (3) inches in diameter. 2. Wireless telecommunication equipmentfacilities. 3. Wireless telecommunication facilities. Section 79. That Section 4.28(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph (7) which reads in its entirety as follows: 7. Wireless telecommunication equipment. Section 80. That Section 4.28(B)(1)(f) of the Land Use Code is hereby amended to read as follows: (f) Industrial Uses: 1. Medical marijuana optional premises cultivation operations. 2. Medical marijuana-infused product manufacturers. 3. Medical marijuana research and development facility. 4. Facility for medical marijuana research and development cultivation. 5. Medical marijuana testing facility. 36. Retail marijuana cultivation facility. Packet Pg. 201 -26- 47. Retail marijuana product manufacturing facility. 58. Retail and medical marijuana testing facility. 69. Small-scale and medium-scale solar energy systems. Section 81. That Section 4.28(B)(2)(e) of the Land Use Code is hereby amended to read as follows: (e) Accessory/Miscellaneous Uses: 1. Mixed-use dwelling units constructed at ground level, provided they are ancillary to and associated with a principal nonresidential use on the lot. 2. Satellite dish antennas greater than thirty-nine (3) inches in diameter. 3. Wireless telecommunication equipmentfacilities. 4. Wireless telecommunication facilities. Section 82. That the definition “Bicycle parking, enclosed” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Bicycle parking, enclosed shall mean bicycle storage in lockers, a room or other space within a parking structure or other building, including, without limitation, a shed or carport. All types of enclosed bicycle storage must be easily accessible to entrances and walkways, secure, lighted and protected from the weather. Each storage space shall provide a minimum of six (6) square feet in area. The storage space shall not impede fire exits or be located so that parked bicycles interfere with public access. Section 83. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Carport” which reads in its entirety as follows: Carport shall mean an accessory building attached or detached from a principal building and customarily used with, and clearly incidental and subordinate to the principal building or use, consisting of a roof but no more than one (1) wall and typically intended to provide weather protection for vehicles, boats, trailers, and the like. Section 84. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Department” which reads in its entirety as follows: Department shall mean the Community Development and Neighborhood Services Department, or the successor department existing from time-to-time in the City’s organizational structure as set for in this Code. Packet Pg. 202 -27- Section 85. That the definition “Director” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Director shall mean the Director of the Planning, Development and Transportation Service Unitthe Department. Section 86. That the definition “Hydrozone” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Hydrozone shall mean an area within the landscape defined by a grouping of plants requiring a similar amount of water to sustain health. For the purposes of this Code, hydrozones are divided into the following four (4) categories: (1) Very low hydrozones include plantings that need supplemental water when first planted, but little or none once established. Typical plants in this hydrozone include yarrow, rabbitbrush and many native plants. (2) Low hydrozones include plantings that generally do not require more than three (3) gallons per square foot of supplemental water per year. These plantings require additional water during plant establishment or drought. During plant establishment or drought, additional supplemental water may be beneficial. Typical plants in this hydrozone include buffalograss, penstemon and daylily. (3) Moderate hydrozones include plantings that generally require ten (10) gallons per square foot of supplemental water per year. Typical plants in this hydrozone include turf-type tall fescue, potentilla and purple coneflower. (4) High hydrozones include plantings that generally require eighteen (18) gallons per square foot of supplemental water per year. Typical plants in this hydrozone include Kentucky bluegrass, cottonwood, arborvitae and columbine. Section 87. That the definition “Indoor kennel” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Indoor kennel shall mean an establishment in which twenty-four (24)- hour care and boarding is provided for household dogs or cats within a soundproof building (or buildings) that contains exercise facilities, separate ventilation systems for dogs and cats if they are boarded in the same building, and wherein other services such as grooming and training are offered. Dogs in an indoor kennel are only allowed in an outdoor exercise area during the hours of 8am-5pm. Packet Pg. 203 -28- Section 88. That the definition “Long-term care facility” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follow: Long-term care facility shall mean any of the following: 1. Convalescent or rehabilitation center shall mean a health institution that is planned, organized, operated and maintained to offer facilities and services to inpatients requiring restorative care and treatment and that is either an integral patient care unit of a general hospital or a facility physically separated from, but maintaining an affiliation with, all services in a general hospital. 2. Nursing or memory care facility shall mean a health institution planned, organized, operated and maintained to provide facilities and health services with related social care to inpatients who require regular medical care and twenty-four- hour per day nursing services for illness, injury or disability. Each patient shall be under the care of a physician licensed to practice medicine in the State of Colorado. The nursing services shall be organized and maintained to provide twenty-four (24) -hour per day nursing services under the direction of a registered professional nurse employed full time. 3. Intermediate health care or assisted living facility shall mean a health-related institution planned, organized, operated and maintained to provide facilities and services which are supportive, restorative or preventive in nature, with related social care, to individuals who because of a physical or mental condition, or both, require care in an institutional environment but who do not have an illness, injury or disability for which regular medical care and twenty-four (24) -hour per day nursing services are required. 4. Independent living or continuing care facility shall mean a single-family, two- family and/or multi-family dwelling which is located within a development that contains one (1) or more of the facilities described in (1) through (3) above, wherein the residents of such dwellings have access to the common amenities and services available to residents of the facilities described in (1) through (3) above and wherein independent living facilities occupy no more than twenty-five (25) percent of the total gross floor area of a long-term care development. Section 89. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Marijuana products” which reads in its entirety as follows: Marijuana products shall mean concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tincture as defined in Section 16 (2)(k) of Article XVIII of the Colorado State Constitution. Section 90. That the definition “Medical marijuana center” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Packet Pg. 204 -29- Medical marijuana center shall mean a person licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as directeddescribed in Section 12-43.3-402, C.R.S., that sells medical marijuana to registered patients or primary caregivers as defined in Section 14 of Article XVIII of the State Constitution, but is not a primary caregiver. Section 91. That the definition “Medical marijuana-infused products manufacturer” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Medical marijuana-infused products manufacturer shall mean a person licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12-43.3- 4034, C.R.S. Section 92. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Medical marijuana research and development cultivation” which reads in its entirety as follows: Medical marijuana research and development cultivation shall mean a facility used by a person or entity licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12-43.3-409, C.R.S. Section 93. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Medical marijuana research and development facility” which reads in its entirety as follows: Medical marijuana research and development facility shall mean a facility used by a person or entity licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12-43.3-409, C.R.S. Section 94. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Medical marijuana testing facility” which reads in its entirety as follows: Medical marijuana testing facility shall mean a facility used by a person or entity licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12-43.3-405, C.R.S. Section 95. That the definition “Retail marijuana store” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Retail marijuana store shall mean an entity licensed to purchase marijuana from marijuana cultivation facilities, and to purchase marijuana and marijuana products from marijuana product manufacturing facilities, for the purpose of sellingand to sell marijuana and marijuana products to consumers. Packet Pg. 205 -30- Section 96. That the definition “Retail marijuana testing facility” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Retail marijuana testing facility pursuant to Section 16(2)(1) of Article XVIII of the Colorado State Constitution shall mean an entity licensed to analyze and certify the safety and potency of marijuana as defined in Section 16(2)(1) of Article XVIII of the Colorado State Constitution. Section 97. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Structures associated with an occupied roof” which reads in its entirety as follows: Structures associated with an occupied roof shall mean improvements to the primary or lowest portion of a roof deck of a structure that may include, but not be limited to, accessory rooftop improvements such as pools, decks, raised planters, outdoor furniture, shade structures, snack bars, televisions, clubhouse or other clubhouse-like elements. Structures associated with an occupied roof is not a story as that term is used in this Land Use Code. Section 98. That the definition “Warehouse” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Warehouse shall mean a building used primarily for the storage of goods or materials excluding marijuana products. Section 99. That the definition “Wholesale distribution” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Wholesale distribution shall mean a use primarily engaged in the sale and distribution of manufactured products, supplies or equipment, including accessory offices or showrooms, and including incidental retail sales, but excluding marijuana products, bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions, and where the products, supplies or equipment that are distributed from the facility are not used or consumed on the premises. Activities customarily include receiving goods in bulk or large lots and assembling, sorting or breaking down such goods into smaller lots for redistribution or sale to others for resale. Packet Pg. 206 -31- Introduced, considered favorably on first reading, and ordered published this 15th day of May, A.D. 2018, and to be presented for final passage on the 5th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Packet Pg. 207 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY May 15, 2018 City Council STAFF Chad Crager, Director of Infrastructure Services Brad Buckman, Special Projects Engineer Chris Van Hall, Legal SUBJECT Resolution 2018-047 Supporting Consulting Services Related to Interstate 25 (I-25) Funding for Traffic Solution Efforts. EXECUTIVE SUMMARY The purpose of this item is to provide a Resolution of support for the Fix North I-25 Business Alliance’s efforts to seek timely improvements to the I-25 Corridor in Northern Colorado. This item supports Council Priority for I- 25 funding; Strategic Plan Objectives: Transportation 6.1, 6.4; and Council legislative priority re: I-25 funding. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION City leaders are working with regional partners to identify and pursue funding for the I-25 corridor in Northern Colorado. Numerous regional efforts, initiatives, and actions have been taken or are underway to urge the Colorado legislature and Colorado Department of Transportation (CDOT) to accelerate improvements to Interstate 25 (I-25) and find long-term sustainable funding for the State’s transportation infrastructure needs. Capitol Solutions was retained by the FIX I-25 Coalition to lead advocacy for solutions to I-25. The City contracts directly with Capitol Solutions for the purpose of I-25 advocacy, as do several other local agencies in Northern Colorado. In 2016 and 2017, Capitol Solutions held numerous conversations with CDOT officials, area legislators, legislative leaders in both parties, the Governor’s office, and business associations around Colorado. As a result of that work, North I-25 is positioned as a state transportation priority with CDOT officials and the Governor’s Office. With this funding Capitol Solutions will continue to be involved with the Legislative session to get transportation funding legislation adopted. The proposed Resolution supports the funding of consulting services related to urging the Colorado Legislature to consider any and all ways to expedite the improvement and expansion of northern sections of I-25. CITY FINANCIAL IMPACTS The City Manager would spend $30,000 from appropriated funds to continue to retain the services of Capitol Solutions. Failure to make improvements to the Northern I-25 Corridor may have an adverse economic impact on Northern Colorado. 11 Packet Pg. 208 Agenda Item 11 Item # 11 Page 2 BOARD / COMMISSION RECOMMENDATION City staff regularly presents updates to the I-25 Corridor Improvements Project, including the Prospect interchange funding proposal (which was approved at the January 2, 2018 Council Meeting) to the Transportation Board. To date, City staff presented at the February 2016, November 2016, March 2017, and September 2017 meetings. While no action is taken, the Board is generally supportive of steps to improve I-25, and appreciates efforts to include design elements for bicycle, pedestrian and transit users. PUBLIC OUTREACH CDOT has conducted numerous public meetings regarding the I-25 Improvements Project throughout Northern Colorado. CDOT Project Managers also attended a Fort Collins Council work session in January 2018. CDOT, in conjunction with other regional agency partners, will continue to provide significant communication and information resources throughout the I-25 project using a variety of media. 11 Packet Pg. 209 -1- RESOLUTION 2018-047 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUPPORTING CONSULTING SERVICES RELATED TO INTERSTATE 25 (I-25) FUNDING FOR TRAFFIC SOLUTION EFFORTS WHEREAS, City leaders are working with regional partners to identify and pursue funding for the Interstate 25 corridor in Northern Colorado (“North I-25”); and WHEREAS, numerous regional efforts, initiatives, and actions have been taken or are underway to urge the Colorado Legislature and Colorado Department of Transportation (“CDOT”) to accelerate improvements to North I-25 and find long-term sustainable funding for the State’s transportation infrastructure needs; and WHEREAS, in 2016 and 2017, the City retained Capitol Solutions to have numerous conversations with CDOT officials, area legislators, legislative leaders in both parties, the Governor’s office, and business associations around Colorado to support improvements to North I-25; and WHEREAS, Capitol Solution’s actions resulted in North I-25 being positioned as a state transportation priority with CDOT officials and the Governor’s Office; and WHEREAS, the City wishes to again retain Capital Solutions to continue to be involved with the current Legislative session to get transportation funding legislation adopted for North I- 25; and WHEREAS, the City Manager has identified $30,000 in appropriated funds that may be used to continue to retain Capitol Solutions. 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 supports efforts to seek timely improvements to North I-25 by retaining Capitol Solutions to assist the City in these efforts. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of May, A.D. 2018. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Packet Pg. 210 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY May 15, 2018 City Council STAFF Sue Beck-Ferkiss, Social Sustainability Specialist Ingrid Decker, Legal SUBJECT Resolution 2018-048 Authorizing the Assignment of the City's Private Activity Bond Allocation for 2018 to the Colorado Housing and Finance Authority and Housing Catalyst to Finance the Rehabilitation or Construction of Affordable Housing Units. EXECUTIVE SUMMARY The purpose of this item is to support two local affordable housing projects by assigning the City’s 2018 Private Activity Bond allocation. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The State of Colorado Private Activity Bond (PAB) allocation program is established by the Colorado Private Activity Bond Ceiling Allocation Act, Section 24-32-1707, et seq., C.R.S. (Allocation Act). PABs are tax-exempt bonds that can be issued by eligible authorities. The proceeds of the sale of the bonds may be used for specific purposes as determined by the Internal Revenue Service. Permitted purposes include, but are not limited to, affordable housing development and rehabilitation. Historically, PAB financing has also been used by the City for economic and industrial development purposes. In 2018, the total amount available statewide is $588,751,170. Fifty percent of the state ceiling is allocated directly to statewide authorities and the other half is allocated directly to local governments based on population size. The City has been notified that, pursuant to section 24-32-1706 of the Allocation Act, its allocation of the state ceiling for 2018 is $8,553,248. (Attachment 1) This is merely the authority to take on debt and is not an allocation of funding. The City will not incur debt by assigning this allocation and this will not affect the City's credit rating. If a local government does not issue bonds or assign the bond cap to an eligible entity for a local project or projects by September 15 annually, the City allocation automatically reverts back to the state’s pool of available bond capacity. Historically, Fort Collins has assigned its annual allocation on a first come, first served basis. From 2009 through 2012, the Fort Collins allocation was not used locally and therefore reverted back to the state’s pool of available bond capacity. In 2013, 2014, and 2015 the City assigned its full allocation to the Fort Collins Housing Authority (FCHA), now HC, for the rehabilitation of affordable rental housing units. In 2016, the PAB was assigned to the Colorado Housing and Finance Authority (CHFA) for the benefit of two local affordable housing projects. CHFA’s 4% Low Income Tax Credit Program is a financing mechanism for the development and rehabilitation of affordable housing. CHFA requires these types of financing deals to include private activity bonds. 12 Packet Pg. 211 Agenda Item 12 Item # 12 Page 2 As of 2018, the City implemented an application process for requesting the City’s allocation of PAB. The guidelines are set forth in the City’s General Financial Policies. Applications were due March 15. The City received two applications for qualifying affordable housing projects. The PAB committee, made up staff representatives from Social Sustainability, Economic Health and the Finance department, recommends splitting this year’s allocation to support both projects, with $8 million assigned to CHFA for the benefit of DMA Plaza and the remaining $533,248 assigned to Housing Catalyst. An application from DMA Plaza, Inc. sought $8 million in bond capacity. The proposed and allowable use of bond proceeds is the substantial rehabilitation of 124 units of affordable housing serving senior households with income from 30-60% of the area median income (AMI). (Attachment 2) The 4% Low Income Housing Tax Credit program being utilized to finance this project requires at least 50% of the development projects total budget to be financed through PABs. The location of this project can be seen on Attachment 3. This project has applied for and received state and federal tax credits. The PAB committee recommends assigning $8 million of the PAB allocation to the DMA Plaza rehabilitation. The second application was submitted by Housing Catalyst (HC) for the full $8,553,248 to begin accumulation of the PAB cap needed to fund up to two future affordable housing properties and or affordable rehabilitation projects in the next 3 years. (Attachment 4) This is an allowable use of PAB. These projects will use 4% Low Income Housing Tax Credits and will require PAB capacity. They will range from 60-100 rental units and will target incomes up to 60% AMI. The specific locations have not been finalized. Because this request is for future projects and DMA Plaza has been awarded tax credits and is ready to proceed, the committee recommends providing $533,248 to Housing Catalyst for future affordable housing projects. The intended uses of rehabilitating for preservation existing affordable rental housing units and constructing new units are permissible and beneficial uses of the City’s 2018 allocation, and support the outcomes sought by the City’s Affordable Housing Strategic Plan. For these developers to use the City’s allocation of PAB capacity, City Council must adopt a resolution assigning the 2018 PAB allocation to CHFA for DMA Plaza and to HC for future qualifying projects. Additionally, the use of the City’s allocation is evidence of local support for these affordable housing projects, which helps leverage other funding sources and is important to CHFA’s 4% Low Income Tax Credit Program. Also, the investment of tax credit equity will trigger a new affordability period for DMA Plaza. Both CHFA and HC have authority to issue bonds. In addition to assigning the past years PAB allocation to the FCHA (now HC) and CHFA, the City has used PAB allocation to finance multifamily low and moderate-income rental housing at Fox Meadow Apartments (2000) and Caribou Apartments (2002), and multifamily senior housing at Oakbrook Manor (2005). In these examples, the City’s allocation was assigned to CHFA who issued the bonds. Prior to that, the City was the issuer of multifamily housing revenue bonds for Bull Run (1997) and Courtney Park Apartments (1995). CITY FINANCIAL IMPACTS The Private Activity Bonds will be issued by CHFA and HC and will not be obligations of the City of Fort Collins. The debt service on the bonds will be repaid from revenue generated by the housing developments and does not constitute a debt of the City. This action will not affect the City's credit rating. The rehabilitation of 124 existing units will require goods and labor which will benefit the local economy. Additional new construction or rehabilitation by HC will also require goods and labor which will benefit the local economy. BOARD / COMMISSION RECOMMENDATION The Affordable Housing Board recommends that the City grants this request and that City Council adopt a resolution assigning the 2018 PAB Allocation to CHFA and HC. (Attachment 5) PUBLIC OUTREACH Since this is a new process for assigning the City’s PAB allocation, the City promoted the new process through press releases, the Social Sustainability web site and letters sent to stakeholders and partners to publicize the change in process. 12 Packet Pg. 212 Agenda Item 12 Item # 12 Page 3 ATTACHMENTS 1. 2018 PAB Direct Allocations from State (PDF) 2. DMA Plaza Request (PDF) 3. DMA Plaza Location Map (PDF) 4. Housing Catalyst Request (PDF) 5. Affordable Housing Board memo, May 3, 2018 (PDF) 12 Packet Pg. 213 2018 Colorado Private Activity Bond Direct Allocations Statewide Pop. PAB Cap Available 5,607,154 $588,751,170.00 Local Issuers Population PAB Cap Local Issuers Population PAB Cap Denver 693,292 $36,397,830 Pueblo County 54,488 $2,860,620 Colorado Springs 460,953 $24,200,033 Eagle County 53,928 $2,831,220 Aurora* 361,967 $19,003,268 Commerce City 53,577 $2,812,793 Douglas County 218,326 $11,462,115 Parker 52,105 $2,735,513 Jefferson County 204,113 $10,715,933 Fremont County 47,487 $2,493,068 El Paso County 199,673 $10,482,833 Littleton* 46,992 $2,467,080 Fort Collins 162,919 $8,553,248 Northglenn* 38,905 $2,042,513 Lakewood 155,072 $8,141,280 Brighton* 38,805 $2,037,263 Weld County 139,181 $7,307,003 Englewood 34,007 $1,785,368 Thornton* 134,845 $7,079,363 Wheat Ridge 31,448 $1,651,020 Arapahoe County 134,824 $7,078,260 Delta County 30,471 $1,599,728 Arvada* 117,260 $6,156,150 Summit County 30,367 $1,594,268 Westminster* 113,181 $5,942,003 Fountain 29,581 $1,553,003 Adams County 112,771 $5,920,478 Lafayette 28,326 $1,487,115 Pueblo, City of 110,621 $5,807,603 Morgan County 28,148 $1,477,770 Centennial 109,439 $5,745,548 Montezuma County 26,906 $1,412,565 Boulder, City of 107,789 $5,658,923 Elbert County 25,169 $1,321,373 Greeley 104,557 $5,489,243 Routt County 24,679 $1,295,648 Longmont* 93,296 $4,898,040 Windsor* 24,572 $1,290,030 Larimer County 92,957 $4,880,243 Teller County 24,154 $1,268,085 Mesa County 86,102 $4,520,355 Montrose County 22,201 $1,165,553 Loveland 75,988 $3,989,370 Logan County 22,047 $1,157,468 Broomfield 66,252 $3,478,230 Erie* 21,972 $1,153,530 Grand Junction 64,629 $3,393,023 Louisville 20,643 $1,083,758 Boulder County 62,208 $3,265,920 Golden 20,460 $1,074,150 Garfield County 58,984 $3,096,660 Evans 20,223 $1,061,708 Castle Rock 57,289 $3,007,673 Montrose 19,220 $1,009,050 La Plata County 55,697 $2,924,093 Chaffee County 19,097 $1,002,593 $275,318,574.00 4,354,185 889,978 Population PAB Cap Minimum 19,048 $1,000,000 Total Local Issuers: 5,244,163 275,318,574 47% * denotes multi-county place Statewide Authorities: CHFA $284,375,585 48% CADA $10,000,000 2% Total Authorities $294,375,585 Statewide Balance 362,991 $19,057,011 3% TOTAL PAB 5,607,154 $588,751,170 100% Total Local Issuers: Page 1 of 1 ATTACHMENT 1 12.1 Packet Pg. 214 Attachment: 2018 PAB Direct Allocations from State (6754 : Private Activity Bond Assignment) ATTACHMENT 2 12.2 Packet Pg. 215 Attachment: DMA Plaza Request (6754 : Private Activity Bond Assignment) 12.2 Packet Pg. 216 Attachment: DMA Plaza Request (6754 : Private Activity Bond Assignment) 12.2 Packet Pg. 217 Attachment: DMA Plaza Request (6754 : Private Activity Bond Assignment) 12.2 Packet Pg. 218 Attachment: DMA Plaza Request (6754 : Private Activity Bond Assignment) S Mason St Remington St S CAovlleege W Mulberry St E Mulberry St M athews St Peterson St W Magnolia St W Olive St W Oak St Whedbee St E Magnolia St E Olive St E Oak St ÕZYXW ³I 300 Fort Collins, Remington CO 80524 St CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use of PRODUCTS the by the public. City of The Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: May 02, 2018 Site 0 150 300 600 Feet © ATTACHMENT 3 12.3 Packet Pg. 219 Attachment: DMA Plaza Location Map (6754 : Private Activity Bond Assignment) March 14, 2018 Jacqueline Kozak-Thiel Chief Sustainability Officer City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 RE: Request for assignment of 2018 Private Activity Bonding Authority Dear Ms. Kozak-Thiel: Housing Catalyst requests assignment from the City of Fort Collins’ 2018 Private Activity Bond (PAB) cap for the purpose of affordable housing development. As the primary developer and operator of affordable housing in Northern Colorado, Housing Catalyst intends to utilize this authorization to develop new affordable rental homes within the city of Fort Collins. As a quasi-governmental entity formed under the state housing statute, Housing Catalyst will be the direct issuer of bonds utilizing the PAB allocation. Therefore, the City of Fort Collins will not be required to provide assistance, nor incur any costs associated with the utilization of the authorized PAB cap. Housing Catalyst contact information for this request: Housing Catalyst 1715 W. Mountain Ave. Fort Collins, CO 80521 Principal Contact: Julie Brewen, CEO Phone: 970-416-2910 jbrewen@housingcatalyst.com Amount of Allocation Requested: $8,553,248 ATTACHMENT 4 12.4 Packet Pg. 220 Attachment: Housing Catalyst Request (6754 : Private Activity Bond Assignment) Bond Counsel Firm: Gilmore & Bell, P.C. 15 West South Temple Suite 250 Salt Lake City, UT 84101 Principal Contact: Ryan Warburton Phone: 801-258-2726 rwarburton@gilmorebell.com Description of Applicant’s Local Projects: See Exhibit I Number of Years’ Entity has been doing business in State of Colorado: 47 years Certificate of Good Standing: Housing Catalyst was originally formed as the Housing Authority of the City of Fort Collins in 1971 under state statute. As a result, this legal entity does not maintain a corporate filing with the Colorado Secretary of State office and therefore is not required to maintain a Certificate of Good Standing under that entity. Description of Assets to be Purchased or Constructed: Housing Catalyst is requesting this allocation to begin accumulation of the PAB cap needed to fund up to two new affordable housing properties and/or affordable properties to be rehabilitated in the next 3 years. These properties will be affordable rental homes for families with incomes ranging from 0-60% Area Median Income (AMI). The specific properties for these developments have not yet been finalized. However, Housing Catalyst anticipates that each property will be similar in size and cost to our recent Redwood and Horsetooth projects, comprised of 72 homes and 96 homes respectively. The projects will be completed using 4% Low Income Housing Tax Credits, Private Activity Bonds, proceeds from public housing disposition under the Rental Assistance Demonstration program (RAD) and other available local and state-wide sources. Utilizing this same financing structure, the 12.4 Packet Pg. 221 Attachment: Housing Catalyst Request (6754 : Private Activity Bond Assignment) Redwood property required $12 million in PAB’s and the Horsetooth property required $13.5 million in PAB’s. Each new property developed by Housing Catalyst will require similar amounts of PAB cap, which is in excess of the single year allocation level available through the City of Fort Collins. This will require Housing Catalyst to accumulate PAB cap from multiple years and/or multiple allocating entities. Once the PAB cap is allocated to Housing Catalyst, it can be carried over or maintained for 3 years to allow for its utilization in an approved project. Explanation of how project aligns with City objectives: Housing Catalyst is the primary affordable housing provider, developer and operator in the City of Fort Collins in addition to being the designated public housing authority for the area. All projects of Housing Catalyst align with the objectives outlined in the City of Fort Collins 2015-2019 Affordable Housing Strategic Plan. Number of Housing Units and Target Demographics: Each property developed with allocated PAB cap is anticipated to range from 60-100 rental homes. Target populations will be individuals and/or families with income ranging from 0-60% of AMI. Statement from Bond Counsel of Project Eligibility: See Exhibit II If additional information is required please contact me. Sincerely, Duane Hopkins CFO cc: Julie Brewen, CEO Kristin Fritz, Director of Real Estate Development 12.4 Packet Pg. 222 Attachment: Housing Catalyst Request (6754 : Private Activity Bond Assignment) Exhibit I Local Projects 12.4 Packet Pg. 223 Attachment: Housing Catalyst Request (6754 : Private Activity Bond Assignment) 12.4 Packet Pg. 224 Attachment: Housing Catalyst Request (6754 : Private Activity Bond Assignment) Exhibit II Letter – Bond Counsel 12.4 Packet Pg. 225 Attachment: Housing Catalyst Request (6754 : Private Activity Bond Assignment) 12.4 Packet Pg. 226 Attachment: Housing Catalyst Request (6754 : Private Activity Bond Assignment) Social Sustainability 321 Maple Street PO Box 580 Fort Collins, CO 80522 970.221.6758 Every year, the City of Fort Collins receives an allocation of Private Activity Bond (PAB) capacity from the State of Colorado. The 2018 allocation is for $8,533,248 in bond capacity. Affordable housing rehabilitation and construction are appropriate uses for PAB capacity. The Affordable Housing Board has been informed DMA Plaza Inc has requested the assignment of $8 million of the 2018 PAB for the rehabilitation of 124 affordable housing units and Housing Catalyst has requested the assignment of the entire 2018 PAB capacity for the rehabilitation or construction of future affordable housing units. The AHB was also provided with the PAB committee’s recommendation to assign $8 million of the 2018 PAB allocation to CHFA for the benefit of DMA Plaza and to assign the remaining $533, 248 to Housing Catalyst for future qualifying projects. After staff presented these requests along with the PAB committee recommendation at the May 3, 2018 regular board meeting, the Affordable Housing Board discussed the matter and is now recommending that council approve the PAB committee’s recommendation to assign $8 million to CHFA for the benefit of DMA Plaza and $533,248 to Housing Catalyst for future projects. MEMORANDUM DATE: May 3, 2018 TO: Mayor and City Councilmembers CC: Darin Atteberry, City Manager FROM: Affordable Housing Board Diane Cohn, Chairperson RE: SUPPORT FOR ASSIGNMENT OF THE CITY’S 2018 PRIVATE ACTIVITY BOND ALLOCATION ATTACHMENT 5 12.5 Packet Pg. 227 Attachment: Affordable Housing Board memo, May 3, 2018 (6754 : Private Activity Bond Assignment) -1- RESOLUTION 2018-048 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ASSIGNMENT OF THE CITY’S PRIVATE ACTIVITY BOND ALLOCATION FOR 2018 TO THE COLORADO HOUSING AND FINANCE AUTHORITY AND HOUSING CATALYST TO FINANCE THE REHABILITATION OR CONSTRUCTION OF AFFORDABLE HOUSING UNITS WHEREAS, the City of Fort Collins is authorized and empowered under the laws of the State of Colorado (the “State”) to issue revenue bonds for purposes including the financing of multi-family rental housing projects for low- and moderate-income persons and families; and WHEREAS, the Internal Revenue Code of 1986, as amended (the “Code”), restricts the amount of tax-exempt bonds (“Private Activity Bonds” or “PAB”) which may be issued in the State (the “State Ceiling”); and WHEREAS, pursuant to the Code, the Colorado legislature adopted the Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado Revised Statutes (the “Allocation Act”), providing for the allocation of the State Ceiling among various State and local governmental units, and further providing for the assignment of such allocations from such governmental units to any entity or person with the authority to issue bonds; and WHEREAS, pursuant to an allocation under Section 24-32-1706 of the Allocation Act, the City has received a direct allocation of the 2018 State Ceiling for the issuance of Private Activity Bonds in the aggregate principal amount of $8,553,248 (the “2018 Allocation”); and WHEREAS, if the City does not issue bonds or assign its annual allocation to another entity by September 15 of each year, its allocation is relinquished to the statewide balance; and WHEREAS, the City received two applications for the 2018 Allocation; one from Housing Catalyst (“HC”) and one from the Colorado Housing and Finance Authority (“CHFA”); and WHEREAS, the City’s PAB Committee reviewed the applications and recommends splitting the 2018 Allocation by assigning $8,000,000 of it to CHFA and $533,248 to HC, pursuant to Section 24-32-1706 of the Allocation Act; and WHEREAS, CHFA intends to use its portion of the 2018 Allocation to issue PABs for financing the rehabilitation of DMA Plaza Apartments, an affordable housing project serving senior households (the “CHFA Project”); and WHEREAS, HC is accumulating the PAB allocation needed to fund up to two future affordable housing construction or rehabilitation projects in the next three years, the specifics of which have not yet been finalized (the “HC Projects”), and its portion of the 2018 Allocation would be used for this purpose; and Packet Pg. 228 -2- WHEREAS, CHFA and HC have each expressed their willingness to attempt to issue Revenue Bonds in an amount equal to or greater than the portions of the 2018 Allocation assigned to them herein; and WHEREAS, the City has determined that the 2018 Allocation can be utilized most efficiently by assigning it to CHFA and HC to issue Private Activity Bonds for financing the CHFA Project and HC Projects; and WHEREAS, the City has determined that such assignments to CHFA and HC will advance the City’s objective of increasing the availability of adequate affordable housing for low- and moderate-income persons and families within the city; and WHEREAS, the Council wishes to assign the 2018 Allocation to CHFA and HC, which assignments are to be evidenced by an Assignment of Allocation between the City and each recipient. 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 assignment to the Colorado Housing Finance Authority of $8,000,000 of the City’s 2018 Allocation for the CHFA Project as described herein is hereby approved. Section 3. That the assignment to Housing Catalyst of $533,248 of the City’s 2018 Allocation for the HC Projects as described herein is hereby approved. Section 4. That the Mayor is hereby authorized to execute a separate Assignment of Allocation with each recipient on terms and conditions consistent with this Resolution, along with such other 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 or effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of May, A.D. 2018. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Packet Pg. 229 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY May 15, 2018 City Council STAFF Jack Rogers, Senior Manager, Cultural Services Chris Van Hall, Legal SUBJECT Resolution 2018-049 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 75% of revenue from lodging tax is dedicated to the Tourism Programming Account to support tourism events and activities - 5% of which is also dedicated to the Fort Fund Cultural Funding Programs. 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 arts and cultural events that enrich the cultural life of the community, promote local heritage and diversity, provide opportunities for arts and 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. April 25, 2018 Funding Session At its April 25, 2018 regular meeting, the Cultural Resources Board reviewed 8 Organizational Support applications with total requests equaling $320,000. 8 applications were found eligible and recommended for funding. The following table summarizes the amount and sources of available funds: Grant Requests Available Funds Grant Awards Balance Forward $320,000 $200,000 $200,000 $0 13 Packet Pg. 230 Agenda Item 13 Item # 13 Page 2 The Cultural Resources Board scored each application using the funding criteria outlined in the Fort Fund Guidelines and discussed each application at its April 25, 2018 meeting. The Board discussion is outlined in the draft minutes and funding plan (Attachment 1). The Board is recommending disbursement of $120,000 from the City’s Cultural Development and Programming Account to the 8 eligible applicants as outlined in Exhibit A to Resolution 2018-049. At its April 25, 2018, regular meeting, the Cultural Resources Board reviewed 16 Project Support applications with total requests equaling $206,000. 15 applications were found eligible and recommended for funding. The following table summarizes the amount and sources of available funds: Grant Requests Available Funds Grant Awards Balance Forward $206,000 $140,000 $140,000 $0 The total amount to be disbursed from the Cultural Development and Programming Account and Tourism Programming Account is $340,000. 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 $340,000 from the Cultural Development and Programming Account to local non-profit organizations. Each grantee organization must provide funds to match the grant amount. These funds were budgeted and appropriated in the 2018 budget. Lodging tax is collected pursuant to Section 25-252 of the City Code. BOARD / COMMISSION RECOMMENDATION The Cultural Resources Board (CuRB) is presenting these recommendations to City Council on public arts and cultural 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 2018-049 presents the allocations recommended by the Cultural Resources Board (CuRB) to the City Council for Project Support II funding. ATTACHMENTS 1. Cultural Resources Board minutes, April 25, 2018 (draft) (PDF) 13 Packet Pg. 231 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, April 25, 2018 5:00 p.m. Lincoln Center, 417 W. Magnolia Street, Fort Collins, CO 80521 Council Liaison: Mayor Wade Troxell Staff Liaison: Jack Rogers Chairperson: Steven Sorensen Email: ssorensen@bellisimoinc.com Vice-Chair: Will Flowers A regular meeting of the Cultural Resources Board was held on Wednesday, April 25, 2018 at 5:00 p.m. The following members were present: Board Members present: Steven Sorensen, Jane Folsom, Jesse Solomon, Tedi Cox, Vicki Fogel Mykles, Will Flowers, Amy Cervenan Board Members absent: Staff Members present: Jack Rogers, Liz Irvine Guests Present: I. Call to Order: p.m. – Steven Sorensen II. Consideration of agenda: none III. Consideration and approval of minutes from March 22, 2018. made a motion to accept the minutes as amended. seconded the motion. The motion passed unanimously. IV. Public input: none V. Fort Fund Project Support and Organizational Support - discussion and funding recommendations: Prior to reviewing and awarding grant monies to the Fort Fund applicants, the Board discussed the eligibility and the quality of the submitted applications and the available budget for this session. The Board then reviewed 18 Project Support applications, and developed their recommendations for funding as outlined below and on the attached spreadsheet. disclosed conflict of interest and recused from scoring and deliberating on the applications. PROJECT SUPPORT APPLICANTS CANYON CONCERT BALLET: 2018-2019 Season of Dance Location: Lincoln Center Performance Hall and Magnolia Theatre Amount Requested: $15,000 Amount Recommended: $ ATTACHMENT 1 13.1 Packet Pg. 232 Attachment: Cultural Resources Board minutes, April 25, 2018 (draft) (6740 : Fort Fund) CENTENNIAL CHILDREN’S CHORUS: CCC Program Funding Location: CSU Arts Center, Timberline Church, Our Saviors Lutheran Church, Christ Methodist Amount Requested: $15,000 Amount Recommended: $ COLORADO STATE UNIVERSITY: ACT Human Rights Film Festival Location: CSU, Timberline Church, Trinity Lutheran, Midtown Arts Center Amount Requested: $15,000 Amount Recommended: $ DANCE EXPRESS: Dance Express 2018/2019 Season Location: Lincoln Center, Fort Collins Senior Center Amount Requested: $12,000 Amount Recommended: $ DEBUT THEATRE COMPANY: 2018-2019 Children’s Theatre Productions Location: Lincoln Center Amount Requested: $6,000 Amount Recommended: $ FEEDING OUR COMMUNITY OURSELVES: FoCo Café’s Biking Music Festival Location: The Burrow Amount Requested: $5,000 Amount Recommended: $ FOOTHILLS POPS BAND: 2018-2019 Concert Season Location: Griffin Concert Hall Amount Requested: $5,000 Amount Recommended: $ FORT COLLINS WIND SYMPHONY: Fort Collins Wind Symphony 2018-2019 Location: Griffin Concert Hall Amount Requested: $5,000 Amount Recommended: $ FRIENDS OF THE GARDENS ON SPRING CREEK: 2018 Community Events Location: 2145 Centre Avenue Amount Requested: $12,000 Amount Recommended: $ FRONT RANGE CHAMBER PLAYERS: 2018-2019 Concert Season Location: Fort Collins High School, Council Tree, Harmony and Old Town Library Amount Requested: $14,000 Amount Recommended: $ IMPACT DANCE COMPANY: Past/Present/Future-A Performance Series Location: Waterworks, Lincoln Center, Carnegie Creative Center, Columbine Health Amount Requested: $15,000 Amount Recommended: $ INTERNATIONAL KEYBOARD ODYSSIAD & FESTIVAL: July 31, 2018-August 4, 2018 Location: University Center for the Arts, CSU Amount Requested: $15,000 Amount Recommended: LINCOLN CENTER SUPPORT LEAGUE: Arts Education & Community Outreach Location: Lincoln Center, Poudre School, UCA @ CSU Amount Requested: $10,000 Amount Recommended: $ NEW HORIZONS BAND OF NORTHERN COLORADO: 2018-2019 Location: Primarily Fort Collins/Loveland also Greeley, Wellington and Longmont Amount Requested: $8,000 Amount Recommended: $ 13.1 Packet Pg. 233 Attachment: Cultural Resources Board minutes, April 25, 2018 (draft) (6740 : Fort Fund) POUDRE LANDMARKS FOUNDATION, INC.: 2018-2019 Season of Events Location: Avery House, 1882 Water Works, Avery Carriage House, private homes Amount Requested: $15,000 Amount Recommended: $ POUDRE RIVER PUBLIC LIBRARY DISTRICT: Fort Collins Book Festival: The Big Think Location: Center for Fine Art Photography Amount Requested: $9,000 Amount Recommended: $ PYCH PROJECT YOUTH AND CHAMBER MUSIC: Summerfest 2018: Mission Earth Location: Old Town, CSU, Music District, Elizabeth Hotel Amount Requested: $15,000 Amount Recommended: $ THE FAMILY CENTER/LA FAMILIA: Grupo de Danza Quetzalcoatl Performance Classes 2018- 2019 Location: Various locations in Fort Collins Amount Requested: $15,000 Amount Recommended: $ Total Funding Requested by Applicants for Project Support: $206,000 Total Funding Recommended for disbursement by CRB: $ Total Unfunded Balance: $ % of Requests Funded: % VI. The Board then discussed 8 Organizational Support applications and developed their recommendations for funding as outlined below and on the attached spreadsheet. ORGANIZATIONAL SUPPORT APPLICANTS BAS BLEU THEATRE COMPANY: Bas Bleu 2018-2019 Season of Theatre, Music and Art Location: Bas Bleu Theatre Amount Requested: $40,000 Amount Recommended: $ FORT COLLINS MUSEUM OF DISCOVERY: 2018-2019 Programming Series Location: Fort Collins Museum of Discovery Amount Requested: $40,000 Amount Recommended: $ FORT COLLINS SYMPHONY ASSOCIATION: Fort Collins Symphony 2018-2019 Season Location: Fort Collins Museum of Art Amount Requested: $240,000 Amount Recommended: $ LARIMER CHORAL SOCIETY: Larimer Choral 2018-2019 Concert Season Location: Lincoln Center, FC First United Methodist Church, FC First Presbyterian, etc. Amount Requested: $40,000 Amount Recommended: $ MUSEUM OF ART | FORT COLLINS: 2018-2019- Exhibition and Programming Support Location: Museum of Art | Fort Collins Amount Requested: $40,000 Amount Recommended: $ OPENSTAGE THEATRE & COMPANY: OpenStage Theatre 2018-2019 Season Location: Lincoln Center, Columbine Health Systems Amount Requested: $40,000 Amount Recommended: $ 13.1 Packet Pg. 234 Attachment: Cultural Resources Board minutes, April 25, 2018 (draft) (6740 : Fort Fund) OPERA FORT COLLINS, INC.: 2018-2019 Season Location: University Center of the Arts, CSU, FC Country Club Amount Requested: $40,000 Amount Recommended: $ THE CENTER FOR FINE ART PHOTOGRAPHY: 2018-2019 Annual Exhibition Program Location: Carnegie Center for Creativity, The ArtLab, The Artery, The Green Room Amount Requested: $40,000 Amount Recommended: $ Total Funding Requested by Applicants for Organizational Support: $320,000 Total Funding Recommended for disbursement by CRB: $ Total Unfunded Balance: $ % of Requests Funded: made a motion to submit these recommendations for Fort Fund Project Support and Organizational Support disbursements to City Council for their approval. seconded the motion. The motion passed unanimously. VII. Review of Past Fort Fund Events: Ms. Folsom attended NCIPA’s 25th Annual Spring Powwow event on April 8-9, 2017 VIII. Other Business: Mr. Sorensen and Ms. Donaldson informed the Board that Assistant City Attorney Cyril Vidergar will be attending the Board’s May meeting, to discuss and help with Work Plan review. Ms. Donaldson informed the Board that Cultural Services Director Vincent Kitch will start attending the Boards in May. The Board will be holding its retreat on June 10th. VII. Adjournment: p.m. Respectfully submitted, Liz Irvine Secretary Cultural Services 13.1 Packet Pg. 235 Attachment: Cultural Resources Board minutes, April 25, 2018 (draft) (6740 : Fort Fund) -1- RESOLUTION 2018-049 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 25-250 of the City Code to pay three percent of all revenues derived from such lodging accommodations to the City as a lodging tax; and WHEREAS, pursuant to Section 25-244 of the City Code, twenty-five percent of those revenues are reserved for cultural development and programming, and seventy-five percent of all revenues received by the City from lodging tax are reserved for promotion of convention and visitor activities; and WHEREAS, pursuant to Section 25-244 of the City Code, the Community Cultural Development and Programming Account was established for the purpose of funding cultural development and programming activities, and the Tourism Programming Account was established for the purpose of funding tourist-related special events; and WHEREAS, the City disburses funds from the City's Cultural Development and Programming Account and Tourism Programming Account in accordance with Sections 2- 203(3) and 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(2) 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 April 25, 2018, 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 in Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Packet Pg. 236 -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 THREE HUNDRED FORTY THOUSAND DOLLARS ($340,000) from the City's Cultural Development and Programming Account are hereby approved for distribution as set forth in Exhibit "A". Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of May, A.D. 2018. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Packet Pg. 237 EXHIBIT A FORT FUND GRANT PROGRAM April 2018 APPLICANT PROPOSED EVENT/DATE FUNDING REQUESTS CULTURAL DEVELOPMENT & PROGRAMMING TOURISM PROGRAMMING UNFUNDED BALANCE PERCENT OF REQUEST FUNDED Canyon Concert Ballet 2018/2019 Season of Dance Location: Lincoln Center Canyon Concert Ballet will present new dance pieces around the "Age of Technology", The Nutcracker. CCB's $15,000 $10,516 $0 $4,484 70% youth ensemble will present new pieces. Spring Ballet Coppelia and Spring Showcase for final performance in June 2018 Centennial Children's Chorus Sala Voce2/18 ,Bel Canto 2/24,jubi & friends 2/25, etc. Location:CSU; Timberline Church; Trinity Lutheran Church; Midtown Arts Ctr Artistic Director, Sheri McKelfresh, brings the Fort Collins music community on stage with her choristers as often $15,000 $9,415 $0 $5,585 63% as she can. Imagine the learning and the enjoyment for everyone Colorado State University Month of April 2019 Location:CSU, The Lyric and Lincoln Center Weeklong festival split into 2 weekends with simultaneous screenings to increase visibility. Will join with Human Rights $15,000 $10,333 $0 $4,667 69% Film Network a partnership of 40 independent festivals around the world. We will join in 2018 Dance Express Oct. 6 , 2018, Dec. 18-19, 2018, Feb. 25, 2019, May 26, 2019 Lincoln Center, Fort Collins Senior Center Audience members are active participants & creators in the all-day event, sharing their dances at the close of day. $12,000 $6,982 $0 $5,018 58% Brings inclusive dance to the community. Promotes community feedback for participation by persons with disabilities Debut Theatre Company Oct 5-20 2018, Dec 4-5 2018, May 2019 Location: Lincoln Center The Fall 2018 play will be 9 performances of a classic literary tale, suitable for family including "The Boxcar $6,000 $2,848 $0 $3,152 47% Children" and "Sherlock Holmes". We are intending 22 performances of 6 different plays. Feeding Our community Ourselves, Inc. August 4, 2018 Location: 1502 N Shields St. e Bike-In music festival combines favorites of our community - bikes, live music, local food, and local beer $5,000 $0 $0 $5,000 0% Guests bike-in conveniently from the nearby trail. Many children and families attend. Popular & unique Approved Funding Project Support 1 Packet Pg. 238 Attachment: Exhibit A (6776 : Fort Fund RESO) APPLICANT PROPOSED EVENT/DATE FUNDING REQUESTS CULTURAL DEVELOPMENT & PROGRAMMING TOURISM PROGRAMMING UNFUNDED BALANCE PERCENT OF REQUEST FUNDED Approved Funding Foothills Pops Band 2018-2019 Concert Season Location: Griffin Concert HallUCA@CSU Will hear a variety of music, including movie themes, traditional & non-traditional holiday music $5,000 $1,547 $0 $3,453 31% emotional aspect of the songs performed pull the audience together for an evening of enjoyable music. Fort Collins Wind Symphony October 2018 - May 2019 Location: Griffin Concert Hall High-quality concert band compositions in a wide variety of styles, performed by local professional musicians. $5,000 $2,648 $0 $2,352 53% Each concert offers more than an hour of exceptional music rehearsed to perfection. Friends of the Gardens on Spring Creek Sept.15, 2018, Oct. 2018, Dec. 2018 Location: 2145 Centre Avenue Visitors experience cooking and cider tasting, birding and raptor experiences, urban homesteading demos $12,000 $10,200 $0 $1,800 85% and nature/gardening based workshops, local artisans and food producers selling their wares; fun kids activities Front Range Chamber Players 2018-2019 Season Location: Fort Collins High School, Council Tree, Harmony, Old Town Library We expect four concerts to feature women composers, including the 5/19 concert, which will present the second $14,000 $8,665 $0 $5,335 62% world performance of a new piece by Australian composer Maria Grenfell. IMPACT Dance Company July 1, 2018 - June 30, 2019 Location: Waterworks, Lincoln Center, Carnegie Creative Center, Columbine Health Systems Fringe Festival, featuring innovative works that break from traditional theatre & reach out to the public in this summer $15,000 $9,048 $0 $5,952 60% festival reaching hundreds of community members and tourists of all ages. International Keyboard Odyssiad & Festival Inc. July 31, 2018 - August 4, 2018 Location: University Center for the Arts, CSU Audiences will experience world-class piano competitions, performances and educational presentations. $15,000 $12,750 $0 $2,250 85% IKOF’s unique educational component is delivered by nationally and internationally acclaimed pianists and academics Lincoln Center Support League September 18 - May 19, 2018 Location: Lincoln Center, Poudre School, UCA @CSU Every season, the Lincoln Center leadership consistently brings to Fort Collins some of the best current music, dance $10,000 $8,500 $0 $1,500 85% comedy, theatre, children’s programs, and visual art exhibits from across the world. 1 Packet Pg. 239 Attachment: Exhibit A (6776 : Fort Fund RESO) APPLICANT PROPOSED EVENT/DATE FUNDING REQUESTS CULTURAL DEVELOPMENT & PROGRAMMING TOURISM PROGRAMMING UNFUNDED BALANCE PERCENT OF REQUEST FUNDED Approved Funding New Horizons Band of Northern Colorado 2018-2019 Location: Primarily Fort Collins/Loveland; also Greeley, Wellington and Longmont Promotes philosophy that music is for life whether as a participant or listener. Introduces students to instruments and $8,000 $4,716 $0 $3,284 59% reentry point for seniors. Music is a lifetime experience. Play around Fort Collins at Sr. Living facilities and schools. Poudre Landmarks Foundation, Inc. 2018-2019 Season Location: Avery House, Water Works ,Avery Carriage House 34th Annual Historic Homes Tour, Holiday open house, Victorian Craft workshop, Educational events, Private Tours $15,000 $12,750 $0 $2,250 85% Majority of event are free to reach broadest audience Poudre River Public Library District October 19-20, 2018 Location: Downtown Fort Collins (7 venues) Collaborative project that engages the entire community in celebration and exchange of ideas and knowledge through $9,000 $7,650 $0 $1,350 85% books and literature. Engages top local and national literary authors both of poetry and prose. Local authors included. Project Youth & Chamber Music (PYCH) June 24 - July 20, 2018 Location: Old Town, CSU, Music District, Elizabeth Hotel Takes a deep and thoughtful look at climate change and biodiversity, sustainable energy solutions $15,000 $9,232 $0 $5,768 62% and its impact on the planet by bringing music together with visual arts. The Family Center/La Familia August 2018 - July 2019 Location: Various locations in Fort Collins Audience will experience authentic Mexican folklorico dance that spans several different regions of Mexico. May $15,000 $12,200 $0 $2,800 81% combine traditional dances with contemporary elements. You will experience history and culture Total Funding Requested by Applicants $206,000 Total Funding Recommended for disbursement by CRB $140,000 $0 Total Unfunded Balance $66,000 % of Requested Amounts Funded 68% Scores are based on application materials and Fort fund's "Criteria for Funding" 1 Packet Pg. 240 Attachment: Exhibit A (6776 : Fort Fund RESO) APPLICANT PROPOSED EVENT/DATE FUNDING REQUESTS CULTURAL DEVELOPMENT & PROGRAMMING TOURISM PROGRAMMING UNFUNDED BALANCE PERCENT OF REQUEST FUNDED Approved Funding Bas Bleu Theatre Company 2018-2019 Season Location: Bas Bleu Theatre $40,000 $27,000 $0 $13,000 68% Innovative and adventurous theatre workds, improv comedy, concerts, readings These are complimented by gallery exhibits and special events, film and guest speakers Fort Collins Museum of Discovery 2018-2019 Series Location: Fort Collins Museum of Discovery and the Heritage Courtyard at Library Park Audiences of all ages explore their passions and celebrate their talents via subject-specific programs like Geek Week. $40,000 $18,000 $0 $22,000 45% New programs for unique learners (i.e., children with autism. Also a STEAM (STEM+Art) w/informal activities Fort Collins Symphony Association 2018-2019 Season Location: Lincoln Center, Timberline Church, City Park Master work concert weeks feature opportunities to learn about composers and the pieces being performed including: $40,000 $32,500 $0 $7,500 81% Composer talks, Pre-concert Talks, Free Open Rehearsals, Guest Artist presentations to students and Meet the Guest Artist reception Larimer Choral Society 2018-2019 Season Location: Lincoln Center, FC First United Methodist Church, FC First Presbyterian & Campion 7th day Adventist Variety of programs for young and old audiences, including a capella, double choir, and featuring Carmina Burana $40,000 $27,000 $0 $13,000 68% at the Lincoln Center. This show will involve over 150 talented performers from multiple generations. Museum of Art | Fort Collins May 2018 - June 2019 Location: Museum of Art | Fort Collins Exhibitions include speaking to aesthetic concerns of beauty but also include awkward family photos. Haley Hasler $40,000 $32,500 $0 $7,500 81% who paints large scale self-portraits that wrestle with her place as a woman, artist and mother in our society today. Openstage Theatre & Company, Inc. 2018-2019 Season Location: Lincoln Center, Columbine Health Systems, etc. The essential season presents three shows in the Lincoln Center and one show in the park at Columbine Health Syst. $40,000 $23,500 $0 $16,500 59% Audience is invited to bring lawn chairs and a picnic dinner or dine from a food truck. Intimate cutting edge plays. Opera Fort Collins, Inc. 2018-2019 Season Location: UCA,CSU FoCo Country Club, 1st United Methodist Church, Trinity Lutheran, etc. Includes 3 productions featuring Shakespeare based operas, with the cornerstone being Verdi's Macbeth $40,000 $21,500 $0 $18,500 54% There will be a family friendly version of The Taming of the Shrew. These events provide food along with time to socialize Organizational Support 1 Packet Pg. 241 Attachment: Exhibit A (6776 : Fort Fund RESO) APPLICANT PROPOSED EVENT/DATE FUNDING REQUESTS CULTURAL DEVELOPMENT & PROGRAMMING TOURISM PROGRAMMING UNFUNDED BALANCE PERCENT OF REQUEST FUNDED Approved Funding The Center for Fine Art Photography 2018-2019 Exhibition Program Location: Carnegie Center, The ArtLab, The Green Room, 3 Square Arts, CSU Allicar Museum Diverse exhibitions such as landscape, installation of 500 cyanotype butterflies and a video. There is also black and white $40,000 $18,000 $0 $22,000 45% exhibition plus a water exhibition to coincide with World Water Day. Total Funding Recommended for disbursement by CRB $320,000 Total Unfunded Balance $200,000 $0 % of Requested Amounts Funded $120,000 ** This event was not recommended for a grant due to their low score. Scores are based on application materials and Fort Fund's "Criteria for Funding." 63% 1 Packet Pg. 242 Attachment: Exhibit A (6776 : Fort Fund RESO) Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY May 15, 2018 City Council STAFF Christine Macrina, Boards and Commissions Coordinator Carrie M. Daggett, Legal SUBJECT Resolution 2018-050 Making Appointments to the Affordable Housing Board, Golf Board, Parks and Recreation Board and Youth Advisory Board of the City of Fort Collins. EXECUTIVE SUMMARY The purpose of this item is to appoint Rachel Auldridge to fill a vacancy on the Affordable Housing Board due to the resignation of Eloise Emery. Appoint Bob Pawlikowski to the Golf Board due to the resignation of Ashley Gruber. Appoint Robert Kingsbury to the Parks and Recreation Board due to the resignation of Kenneth Layton. Appoint Sam Hammock, Suhaas Narayanan, and Kaustubh Kaushik to the Youth Advisory Board due to resignations from Roshini Narayanan and Betsy Pruznick and term expiration of Nela Mohan. In December 2017, Councilmembers Bob Overbeck and Ken Summers interviewed applicants for the Affordable Housing Board; Councilmembers Ken Summers and Kristin Stephen interviewed applicants for the Parks and Recreation Board from a pool of candidates solicited during the fall of 2017. Recommendations for appointments were made and several applicants were identified for any future vacancies. On May 9, 2018 Councilmembers Ray Martinez and Bob Overbeck conducted interviews for the Golf Board and the Youth Advisory Board from applications received during the first quarter of 2018. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This Resolution appoints Rachel Auldridge to the Affordable Housing Board to fill a vacancy from the resignation of Eloise Emery. The term will begin immediately on May 15, 2018, with the term set to expire on December 31, 2021. This Resolution appoints Bob Pawlikowski to the Golf Board to fill a vacancy from the resignation of Ashley Gruber. The Term will begin immediately on May 15, 2018, with the term set to expire on December 31, 2018. This Resolution appoints Robert Kingsbury to the Parks and Recreation Board to fill a vacancy from the resignation of Kenneth Layton. The term will begin immediately on May 15, 2018, with the term set to expire on December 31, 2019. This Resolution also appoints Sam Hammock to the Youth Advisory Board to fill a vacancy from the resignation of Roshini Narayanan, the term will begin immediately and is set to expire on May 31, 2020. Shuhass Narayanan to the Youth Advisory Board to fill a vacancy from the resignation of Betsy Pruznick, the term will begin immediately and is set to expire on May 31, 2021. Kaustubh Kaushik to the Youth Advisory Board to fill a vacancy from the term expiration of Nela Mohan, the term is to begin on June 1, 2018 and is set to expire on May 31, 2022. 14 Packet Pg. 243 Agenda Item 14 Item # 14 Page 2 ATTACHMENTS 1. Applications (PDF) 14 Packet Pg. 244 APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Board or Commission: Affordable Housing Board Name: Rachel Auldridge Mailing Address: Residence: Home Phone: Work Phone: Zip: Zip: Cell Phone: Yes No E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Which Council District do you live in?District 1 Current Occupation: (mployer: Recent and/or relevant work experience (please include dates) Manage the day-to-day operations of the including the financial operations, P&L, and capital improvement plans. Organize, direct, and control the operating budget with an emphasis on cost containment and revenue maximization. Inspect the physical asset and complete administrative audits to ensure compliance with operating practices.Manages and develops the onsite property team Recent and/or relevant volunteer experience (please include dates) Are you currently serving on a City board or commission? Yes No If so, which one? Why do you want to become a member of this particular board or commission? Helping people find homes is my passion. I also feel that nobody should be left without resources in our quickly developing area. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: Property Management (5+years)CompassionateHonestFairDetail oriented Want to serve ATTACHMENT 1 14.1 Packet Pg. 245 Attachment: Applications (6755 : B&C appts) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) City growth. Right now, there is a focus on higher-end developments in FTC. This can cause a shortage in new development of affordable housing communities. Land is also very expensive in the area. I would work to attain grants/subsidies for development or creating incentives for developers to build more affordable housing communities. 2) Existing affordable housing is limited. With more people there is higher demand and huge waitlists for those in need. Focus on qualification requirements and time limits for resources (with exceptions obviously) will ensure fair access to housing. 3) Compliance- Are those who provide affordable housing compliant and fair within all regulations and standards? Regular inspections and audits would help to determine this. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Rachel Auldridge Date: Sep-12-2017 Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) 14.1 Packet Pg. 246 Attachment: Applications (6755 : B&C appts) APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Board or Commission: *ROI%RDUG Name: Bob Pawlikowski Mailing Address: Residence: Home Phone: Work Phone: Zip: Zip: Cell Phone: Yes No E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Which Council District do you live in?District 2 Current Occupation: Employer: Recent and/or relevant work experience (please include dates) Starting in February 2017, I became the of Finance for Care Housing in Fort Collins. We are non-profit and have 6 properties in Fort Collins and 1 in Windsor where we provide affordable housing in 324 units which began using LIHTC funds. Prior to that, I worked as a controller in the oil and gas industry based near Mead for over 2 years. In total, I have over 15 years Recent and/or relevant volunteer experience (please include dates) I am currently on the Foundation Board at First United Methodist Church and chair the Investment Committee there as well. Are you currently serving on a City board or commission? Yes No If so, which one? Why do you want to become a member of this particular board or commission? I am the Director of Finance at Care Housing, Inc., an affordable housing provider in Fort Collins, and want to see redevelopment of our community. I have lived in Colorado for over 20 years and want to make sure that our city continues to Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: I have had training in LIHTC and Fair Housing programs put on by CHFA. 14.1 Packet Pg. 247 Attachment: Applications (6755 : B&C appts) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) I think that transportation in our community is an area first needing improvement. Any revitalization and urban development needs to consider transportation requirements. In Denver, much growth happened without thinking about transportation needs. Driving on the populated areas on Hwy 6 and Colfax shows the need to develop highway or major thoroughfare systems. 2) Urban renewal needs to consider the needs of the not so fortunate members of our community. We have worked and partnered with Housing Catalyst in getting Care's finances in shape. There are several projects going up right now but some of the older ones need work or rehab. 3) Redevelopment can only happen if there is an incentive for investors to partner with the City. I would like to learn more about the Tax Increment Financing and how that can help fund projects. LIHTC investment may be struggling soon because of the decrease in tax rates. It's not as attractive an investment. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: I don't think being affiliated with an affordable housing provider would be a conflict of interest especially if it is a non-profit company. Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Bob Pawlikowski Date: Feb-11-2018 Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) Twitter - City of Fort Collins 14.1 Packet Pg. 248 Attachment: Applications (6755 : B&C appts) APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Board or Commission: Parks and Recreation Board Name: Robert H Kingsbury Mailing Address: 5esidence: Home Phone: Work Phone: Zip: Zip: Cell Phone: Yes No E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Which Council District do you live in?District 1 Current Occupation: Employer: Recent and/or relevant work experience (please include dates) 1971-2015 State certified Real Estate Appraiser- Colorado2001-2009 part time House Manager for the Union Colony Civic Center-Greeley, CO1969-1971 Real Estate Salesman-Greeley, CO1964-1969 USAF-attaining rank of Capt, stationed in Texas, France. England.. Recent and/or relevant volunteer experience (please include dates) 2016-2017 Volunteer worker at Edora Park doing such tasks as trash pickup; street preparation for crack sealing; painting of structures, tee boxes , fencing; concrete ramp & curb repair; minor landscaping work around memorial benches & buildings. 2014-2016 Volunteer for some cleanup projects along the Poudre River & Spring Creek trail.2004-2006 A member of the Poudre Wilderness Are you currently serving on a City board or commission? Yes No If so, which one? Why do you want to become a member of this particular board or commission? To learn more about park maintenance/sustainability operations which I hope to be able to improve through better utilization of volunteers, materials, and inter departmental coordination. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: Generally informative, to make me aware of the many aspects/programs of the Parks and Rec Departments. List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: 1) Familiarity of working/communicating with city staff on different items both in Ft. Collins and Greeley.(where I lived 40 years prior to coming to Ft. Collins in 2009).2) I am a graduate of the Ft. Collins Citiworks program (2011) & continue to be active in the alumni sessions. 3) A basic knowledge of maintenance related items. 4) Served on several boards/non-profits 14.1 Packet Pg. 249 Attachment: Applications (6755 : B&C appts) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) Maintaining the current park facilities in the case of static or declining revenue coming into the city budget. 1) Good utilization of volunteers, materials & city staff persons with improved coordination between departments.2) Provide ideas to city for new sources of revenue.3) Coordinate with city transportation especially the bus system to enable easier public access to the different area parks. 2) Development of new park facilities in growth areas and/or developed areas .1) Help city get good public input on desired items to be included. 2) Look more at city-private entity partnerships. 3) Developing and maintaining good park/recreation programs that will maintain the public awareness of importance of park areas to the city's welfare, reputation. This area is probably being handled well but improved efficiency of programs, notifications to the public and adequate coordination with city parks staff can be examined. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: None Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Robert H.Kingsbury Date: Oct-13-2017 Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) 14.1 Packet Pg. 250 Attachment: Applications (6755 : B&C appts) APPLICATION FOR YOUTH ADVISORY BOARD MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Zip: Zip: Name: Sam HammockMailing Address: Residence: Home Phone: Cell Phone: E-Mail Address: Are you under 21 years of age: Yes No Have you resided in the Fort Collins Growth Management Area for at least one year? Yes No Which Council District do you live in? District 1 Are you a registered voter? Yes No If you are a student, which school do you attend? Fort Collins High School Current Grade Level: 11th Grade If you have a job, where do you work and what do you do? Volunteer Work: (please include dates) I volunteer for my church through a program called faith family hospitality and cook and eat dinner with the homeless on the first Sunday of every month. I also volunteer for National Honors Society by working at CSU concessions for sporting events to raise money for lukemia Are you currently serving on a City board or commission? Yes No If so, which one? Can you commit to meeting one day a month for at least 1 year? Yes No Will you be able to provide your own transportation to meetings? Yes No If you are under the age of 21 and still in school, have you discussed your participation on this board with your parent(s) or guardian(s)? Yes No Why do you want to become a member of this particular board or commission? Being a member of this board will not only increase my involvement in the community but it will fulfill something I've wanted to do for the longest time which is help lead and improve the city of Fort Collins for the better. I really think that as a citizen of any city you live in, it should be a natural obligation to help lead and improve your environment. I have the Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: I have been to the past two meetings and I really enjoyed the experience so far, I like the ideas that are being generated and the organizational flow of the meetings. Milan, a current board member brought me along which helped fuel my ambition List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: I think a great skill that I have that can apply to this board is that I am a people person. I have the ability to market and advertise things to people in a non forceful way. 14.1 Packet Pg. 251 Attachment: Applications (6755 : B&C appts) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) As I thought about important issues to address, there are three big ones that come to mind that are really doing harm for our youth. My first and most important issue would be bullying in schools. Bullying in schools has gone on forever and it creates terrible feelings of depression and anxiety, I think that it's prevalent in schools throughout the US and by focusing on curing it from one school at a time I just think it will exponentially spread. When it comes to addressing this situation it would be vital to get in touch with school counselors so they can educate students on bullying. I think what would actually work the best is if students become educated on the prevalent problem and then teach other students. 2) The second issue that I would like to bring up is education of students, in impoverished areas of Fort Collins. I think that we've seen that a families income most of the ties directly affects how there student does in school. I would like to change this problem with the board. By addressing this problem, my idea is to create a mentor and tutoring program with high school to middle school kids where these high school students can tutor and in a sense be a figure that the middle school student looks up to and this will creating lasting effects because these middles schoolers will get to high school and do the same thing for the students below them and so on and so forth. We could do this by creating an organization 3) My last and final issue is on more of a lighter note. I think this board should strive to spread positive thoughts and actions throughout our community. To address this issue, I think that the we could team up with schools and all the people in the community and create a campaign to spread love with an appealing slogan, and then on top of this we could create a website that people can visit. This website will help anyone take the next step to spread love and positivity by taking affirmative action. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: There are no activities that would seriously conflict with attendance on this board. Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Sam Hammock Date: Jan-24-2018 Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) My friend Milan Khosla 14.1 Packet Pg. 252 Attachment: Applications (6755 : B&C appts) APPLICATION FOR YOUTH ADVISORY BOARD MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Zip: Name: Suhaas Narayanan Mailing Address: 5esidence: Zip: Home Phone: Cell Phone: E-Mail Address: Are you under 21 years of age: Yes No Have you resided in the Fort Collins Growth Management Area for at least one year? Yes No Which Council District do you live in? District 2 Are you a registered voter? Yes No If you are a student, which school do you attend? Fort Collins High School Current Grade Level: 10th Grade If you have a job, where do you work and what do you do? N/A Volunteer Work: (please include dates) A. COACH - ChessMates Chess Camp. June 2017. Coached at a summer camp of 200 plus kids. B. Youth Coordinator, India Association of Northern Colorado, 2015 and 2016 C. Tournament Director: Poudre School District & Chess Mates District Chess Tournaments, 2015 to Present. D. Having read that playing chess helps with the fight against Alzheimerâ s, Are you currently serving on a City board or commission? Yes No If so, which one? Can you commit to meeting one day a month for at least 1 year? Yes No Will you be able to provide your own transportation to meetings? Yes No If you are under the age of 21 and still in school, have you discussed your participation on this board with your parent(s) or guardian(s)? Yes No Why do you want to become a member of this particular board or commission? Since I am a youth, I believe this board is most suited to my hopes of bettering the lives of youth in Fort Collins. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: Yes, my sister Roshini Narayanan has been on the board for two years. Iâ d love to observe a board meeting and understand the issues facing the board as well as offering my ideas. Iâ ve looked at the minutes online to understand the issues discussed. List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: Iâ m a Tournament Director for PSD chess tournaments. Chess helps with Alzheimerâ s disease, so I play chess with seniors at the Rigden Farm Senior Community. I also served as the Youth Coordinator of IANC representing Indian youth in northern Colorado. Iâ m determined to see change for the better. 14.1 Packet Pg. 253 Attachment: Applications (6755 : B&C appts) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) The first issue facing the board is mental health. Depression with high school students is increasing, and itâ s in everyoneâ s best interest to support the well-being of students in Poudre School District. This is what the Youth Advisory Board was created for, identifying these problems among our youth and help them. The board can address the issue of mental health by organizing awareness events in schools. By researching and creating presentations about mental health, we can present them in a science fair set-up. People can go up to various presenters and ask them about their presentation and learn more about mental health. To get more students involved, teachers could offer extra credit to people who come. 2) The second issue facing the board is substance abuse, specifically alcohol. The board can address this issue by running informational nights for students at each high school, where people can come to speak about the harmful effects of using such substances. I hear people boasting about drinking underage in the hallways of my school. This shows a huge lack of awareness about alcohol. A guest speaker for my AP Psychology class who works with people recovering from addiction said â Alcohol is a drug.â It really resonated with me because most people donâ t realize it. We think of alcohol as essential for a good party. We donâ t see it as a drug like heroin. But they are both addictive, and both can ruin lives. We need to change the way people think of alcohol into the way it really is. 3) Lastly, as more and more students begin to drive, the occurrence of car accidents is growing. School parking lots are infamous for the danger they pose to students, because there are many reckless drivers. Along with that, there are many students who drive without seatbelts. An accident can happen whether or not if someone is a safe driver as long as there is a reckless one. I believe that the board can address the issue of unsafe driving through recommendations to the school officials. I believe that if school police officers take parking lot activities more seriously, like the speed limit or the routes for coming in and out, then teens will be safer when driving. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: None Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Suhaas Narayanan Date: Dec-25-2017 Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) Sister, Roshini Narayanan 14.1 Packet Pg. 254 Attachment: Applications (6755 : B&C appts) APPLICATION FOR YOUTH ADVISORY BOARD MEMBERSHIP $77$&+0(17672$33/,&$7,210867%(/,0,7('727:23$*(6 ,1&203/(7($33/,&$7,216:,//127%(&216,'(5(')25$332,170(17 1DPH BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 0DLOLQJ$GGUHVV BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB =LS BBBBBBBBBBBBBBBBBBBB 5HVLGHQFH BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB =LS BBBBBBBBBBBBBBBBBBBB ,IGLIIHUHQWWKDQ0DLOLQJ$GGUHVV +RPH3KRQH BBBBBBBBBBBBBBBBBBBBBBBBBBBBB&HOO3KRQH BBBBBBBBBBBBBBBBBBBBBBBBBBBB (PDLO BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB $UH\RXXQGHU\HDURIDJH"G<HVG1R +DYH\RXUHVLGHGZLWKLQWKH)RUW&ROOLQV*URZWK0DQDJHPHQW$UHDIRURQH\HDU"G<HVG1R :KLFK&RXQFLO'LVWULFWGR\RXOLYHLQ"BBBBBB ,I\RXDUHDVWXGHQWZKLFKVFKRROGR\RXDWWHQG"BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB&XUUHQW*UDGH/HYHO BBBBBBBBBB ,I\RXKDYHDMREZKHUHGR\RXZRUNDQGZKDWGR\RXGR" 9ROXQWHHUH[SHULHQFH SOHDVHLQFOXGHGDWHV %ULHIO\H[SODLQZKDW\RXEHOLHYHDUHWKHWKUHHPRVWLPSRUWDQWLVVXHVIDFHWKLVERDUGRUFRPPLVVLRQDQGKRZGR\RXEHOLHYHWKLV ERDUGRUFRPPLVVLRQVKRXOGDGGUHVVHDFKLVVXH" (1) (2) (3) 3OHDVHVSHFLI\DQ\DFWLYLWLHVZKLFKPLJKWFUHDWHDVHULRXVFRQIOLFWRILQWHUHVWLI\RXVKRXOGEHDSSRLQWHGWRWKLVERDUGRUFRPPLVVLRQ +DYH\RXHYHUEHHQFRQYLFWHGRIDFULPH H[FHSWIRUPLQRUWUDIILFRIIHQVHVWKDWUHVXOWHGRQO\LQDILQH -1- RESOLUTION 2018-050 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPOINTMENTS TO THE AFFORDABLE HOUSING BOARD, GOLF BOARD, PARKS AND RECREATION BOARD, AND THE YOUTH ADVISORY BOARD OF THE CITY OF FORT COLLINS WHEREAS, a vacancy currently exists on the Affordable Housing Board due to the resignation of Eloise Emery; and WHEREAS, a vacancy currently exists on the Golf Board due to the resignation of Ashely Gruber; and WHEREAS, a vacancy currently exists on the Parks and Recreation Board due to the resignation of Kenneth Layton; and WHEREAS, vacancies currently exist on the Youth Advisroy Board due to the resignation of Roshini Narayanan, Betsy Pruznick and term expiration of Nela Mohan; and WHEREAS, the City Council desires to make appointments to fill these vacancies on the Affordable Housing Board, Golf Board, Parks and Recreation Board, and Youth Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the following named persons are hereby appointed to fill current vacancies on the boards and commissions hereinafter indicated, with terms to begin immediately and to expire as set forth after each name: Affordable Housing Board Expiration of Term Rachel Auldridge December 31, 2021 Golf Board Expiration of Term Bob Pawlikowski December 31, 2018 Parks and Recreation Board Expiration of Term Robert Kingsbury December 31, 2019 Packet Pg. 257 -2- Youth Advisory Board Expiration of Term Sam Hammock December 31, 2020 Suhaas Narayanan December 31, 2021 Section 3. That the following named person is hereby appointed to fill current vacancy on the boards and commissions hereinafter indicated, with a term to begin on June 1, 2018 and to expire as set forth after name: Youth Advisory Board Expiration of Term Kaustubh Kaushik December 31, 2022 Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of May, A.D. 2018. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Packet Pg. 258 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY May 15, 2018 City Council STAFF Mike Calhoon, Parks Supervisor Cyril Vidergar, Legal SUBJECT Resolution 2018-051 Amending the West Nile Virus Management Policy and Providing Direction to the City Manager Regarding Implementation of the Policy. EXECUTIVE SUMMARY The purpose of this item is to adopt enhancements to the West Nile Virus Management Program. Staff is presenting three options for Council consideration; the first two options would update the West Nile Virus (WNV) Management Policy, and the final option maintains the status quo. The program changes being offered propose changes to the program response guidelines (operational practices) as they relate to the vector index requirement and human case requirement threshold. STAFF RECOMMENDATION Staff recommends adoption of Option One of the Resolution. This option improves the City’s West Nile Virus Management Program while best reflecting the program objective of protecting human health. Recommended options include: eliminating weekly human cases as a threshold for action and lowering the current vector index threshold from 0.75 to 0.5. BACKGROUND / DISCUSSION This Resolution provides an opportunity for Council to consider amending the thresholds for adult mosquito control under the current WNV Management Policy. Working with the Technical Advisory Committee (TAC), staff has regularly reviewed many of the aspects of the integrated mosquito management policy concerning WNV. Through these reviews, recommendations have been made to Council to adjust the WNV Management Policy. Past recommendations have included the expansion of the larval control boundary, the length of the larval season, expanded outreach and educational efforts. The focus of the most recent review was the thresholds for commencing adult mosquito control. All adult mosquito control operations are conducted based on a recommendation from the Larimer County Department of Health and the Environment. This recommendation, informed by the weekly trapping and testing data, includes the timing and geographic scope of the treatment area. For City emergency funds to be used for an adult mosquito treatment, two thresholds must be met: The first is a Vector Index (VI) value of .75. The VI indicates the risk level of human WNV contraction from infected mosquitoes. The second is a human threshold which indicates the incident of infection by transmission into the human population. The VI is calculated based on the trap results from 53 mosquito traps set weekly from the middle of June through the middle of September each year. The mosquitoes are speciated and pooled for testing at Colorado State University's Arthropod-Borne and Infectious Diseases Laboratory. The Index is a representation of risk for WNV contraction by the human population. The Index considers the population levels of WNV-carrying mosquito species and the rate of infection within those species. 15 Packet Pg. 259 Agenda Item 15 Item # 15 Page 2 The human case threshold can either be in the form of more than one human WNV case in a week or more than one human WNV-positive blood donor in a season. The intention in including a human case threshold was to encourage personal responsibility in preventing the transmission of WNV. Staff recommends reducing the VI from the current value of 0.75 to 0.5 and eliminating the human case requirement from the thresholds. Human Case Elimination Utilizing the human case consideration in the thresholds causes a lag in response efforts in the management policy. The best indicator of WNV activity in the community is the trapping and testing network. Robust public outreach and education will remain in place. Vector Index Reduction The rationale for reducing the VI to .5 is supported by research that has shown as the VI increases so does the incidence of human cases. The urgency for earlier intervention is elevated when coupled with the research concerning the latent effects of WNV on individuals from one to eleven years after infection. Kidney disease has occurred in the more severe WNV cases and has led to under reporting of WNV deaths. Additionally, latent neurological impacts have been shown in patients diagnosed with WNV Fever. Previously the impacts had only been associated with the more severe WNV cases, i.e. encephalitis, meningitis. The acute impacts of WNV are well documented; however, there is now better understanding of the chronic impacts. One of the basic tenants of Integrated Pest Management is to deploy responses early in the amplification process in order to reduce the treatment area and limit the use of pesticides. With the greater implications on human health it is important to disrupt the amplification process earlier on to reduce the risk of contraction of WNV. The WNV program is designed solely as a disease management program. Other programs (regionally and nationally) are designed to take management actions when nuisance thresholds are exceeded. However, the City’s program is aimed at reducing the risk of human WNV infection while limiting adverse impacts of mitigation measures to both human health and the environment. This balance is demonstrated by the use of the lowest labeled rate of pesticide applied during the late evening hours when fewer pollinators are active. Additionally, staff is aware of the development of chemical resistance in mosquito populations in other regions and routinely works with CDC and the contractor to periodically test populations for resistance. Both concerns are well-served by not conducting regular, nuisance applications. Three options have been prepared for Council's consideration. Option One - Staff's recommendation to reduce the VI from .75 to .5 along with the removal of the human case consideration. Option Two – An additional alternative was developed after the March 27, 2018, City Council work session and feedback from the three Advisory Boards (Parks and Recreation, Natural Resources, and Air Quality). This alternative supports removing the human case consideration while leaving the VI at the current level of .75. Option Three - Status Quo with no change in the current thresholds. Council should vote the Resolution down or postpone it indefinitely, if this option is preferred. The program will be operationalized per the current policy. CITY FINANCIAL IMPACTS No funds are allocated on an annual basis for adult mosquito control; funds for adult mosquito control are appropriated from the City's emergency fund on an “as needed” basis. Reducing the threshold levels will likely lead to an increase in the frequency of applications. However, with quicker intervention in a smaller, more targeted area, it is anticipated that fewer linear miles will be treated, thereby potentially reducing costs. 15 Packet Pg. 260 Agenda Item 15 Item # 15 Page 3 BOARD / COMMISSION RECOMMENDATION Parks and Recreation Advisory Board supported staff's recommendation unanimously. Natural Resources Advisory Board and Air Quality Advisory Board supported Option Two. PUBLIC OUTREACH All TAC meetings are open to the public, with the minutes published online after approval. ATTACHMENTS 1. Parks and Recreation Board minutes, March 28, 2018 (PDF) 2. Air Quality Advisory Board minutes, April 16, 2018 (draft) (PDF) 3. Natural Resources Advisory Board minutes, April 18, 2018 (draft) (PDF) 4. WNV Management Policy Option 1 (PDF) 5. WNV Management Policy Option 2 (PDF) 6. Powerpoint presentation (PDF) 15 Packet Pg. 261 Parks & Recreation Board Meeting – March 28, 2018 Page 3 of 8 • Staff attended a Colorado Association of Recreational Athletics meeting last week and discussed anyone allowing Roller Derby on Wood Floors. No one currently allows skating on gym wood floors. Greeley Fun Plex has sport court and said they would allow it if there was time available to rent. • Pike Peak City Auditorium - Multi-purpose auditorium with an old floor. Athletics is not the main use of this floor. They do get scratches on the floor, and the roller derby has caused damage to the finish. After competitions, he said they have to bring in extra buffers to get out the black scuff marks on the floor. • 2 Municipal agencies out of state o Ashland, Wisconsin – Does allow roller derby on their wood gym floor. However, they only have youth leagues. o Grand Traverse County, Michigan – Does not have wood gym floor. It is a sport court surface. • Poudre School District - They have taken a firm stance that the gyms are not set up for those activities, and there is too much risk of damage to the floors. • Colorado State University – Does not allow skating on any wood floor due to damage concerns to the finish. • Staff Recommendation - The City of Fort Collins Parks and Recreation Department is always looking at new programs to participate in facilities and parks. However, due to MFMA recommendations, Operation Services concerns and our concerns about damage to the floors and gym we recommend that the facility regulations not be changed. We do encourage the Roller Derby group to participate in our Park and Recreation Policy Plan when we start it in 2019 to 2020 • Other Ideas o The outdoor rink at Fossil Creek Park could be a possible place to practice, weather permitting. o Family FunPlex in Greeley o Island Grove Event Center in Greeley o 1st National Bank building on the Larimer County Fairgrounds Discussion Roller Derby – Would it be possible to paint lines on the Fossil Creek outdoor rink? Staff – Absolutely! We would be happy to accommodate the addition of roller derby lines painted on the rink. Roller Derby – We had considered the option of purchasing a sport court. Would that be possible as a temporary solution for events only? Staff – Operation Services would have to research to make sure it wouldn’t damage the floor. Also, the court would have reserved to lay the sport court, and it can take several hours to lay it out & remove. Also, I would recommend checking on the texture because there are two kinds: hard or soft. We may also recommend some subsurface. Roller Derby – The game doesn’t require a wood floor. We would play on concrete. If you can recommend any warehouses or vacant space available, please let us know. Staff – We did think about that and are checking with the city Real Estate staff to see if there any vacant warehouse. We are also going to be working on the Parks & Recreation Policy Plan for 2019-2020, and we would love you to provide your input. Board – What is in the old Fort Ram, that building next to New Belgium? Staff – It’s owned by the Bohemian Foundation, and as far as we know, it is vacant. West Nile Virus (WNV) Management Policy Review – Mike Calhoon • Update to City Council last evening regarding the West Nile Virus (WNV) project. o Does Council have any questions concerning the current WNV Program? o Would Council like to consider changes to the current WNV Program? Parks and Recreation Board, March 28, 2018 ATTACHMENT 1 15.a Packet Pg. 262 Attachment: Parks and Recreation Board minutes, March 28, 2018 (6753 : West Nile Virus Policy Amendments) Parks & Recreation Board Meeting – March 28, 2018 Page 4 of 8 • West Nile Virus (WNV) Management Policy began in 2003 as WNV became endemic to the region. Reduce the human impact of WNV while balancing costs and social and environmental impacts. Based on Center for Disease Control’s (CDC) model of Integrated Mosquito Management: Public education, larval management, surveillance, adult mosquito control, continual improvement assessment. • Larimer County Department of Public Health and Environment (DPHE) recommends application and defines perimeter based on surveillance data: o Thresholds for action – Vector Index of 0.75 AND more than one human case per week OR more than 1 WNV+ blood donor a season. • Our Technical Advisory Committee (TAC) was created in 2008 at the recommendation of the City Manager. The TAC consists of vector-borne disease experts (CDC, CSU,) Ex-officio members of Aire Quality and Natural Resources Boards, No Spray Fort Collins, an organic farming business owner, and Larimer County DPHE. o The TAC does an off-season review to review new publications regarding WNV control as well as our current policy. We have implemented their recommendations over the years, including enlarged larval control perimeter, modifications to surveillance season, public outreach enhancements. • 2017 Review Results o Research (2012 Epidemic – Houston Cohort) ▪ Increased prevalence of chronic kidney disease 4-9 years post-infection. Nolan, et al. ▪ Long-term neurological impacts of WNV observed. Evaluations are showing abnormalities 1-3 and 8-11 years post-infection. Weatherhead, et al. o Adult Mosquito Control Thresholds ▪ No consensus on appropriate Vector Index threshold levels – Vector Index thoughts range from 0.33 to 1.0 and higher ▪ No consensus on appropriate human case consideration – Including human cases accounts for personal responsibility. Inclusion creates a lagging indicator. • Staff Recommendation - Decrease the VI threshold to 0.50 and remove the human case requirement. o Rationale: When required, smaller, more targeted application areas may better reduce the implication of WNV. Requiring human cases extends the lagging nature of the indicator. Research has shown there are severe long-term impacts from WNV infection. • Council Feedback - Investigate a Mosquito District approach. Recruit a WNV victim for the TAC. Investigate One Health with CSU for a systems-based holistic approach to WNV management. Prepare a resolution for Council consideration with options. • Options o Option 1: Maintain Current Thresholds o Option 2: Staff Recommendation o Option 3: Vector Index of 0.75 and no human case consideration • Advisory Boards - Air Quality Advisory Board (4/16/18) & Natural Resources Advisory Board (4/18/18) Discussion Board – Can you remind me how our policy relates to Larimer County’s policy? Staff – Larimer County uses a 0.5 IV and no human cases, which is the same as our recommendation. Board – Does the City of Loveland have a similar program? 15.a Packet Pg. 263 Attachment: Parks and Recreation Board minutes, March 28, 2018 (6753 : West Nile Virus Policy Amendments) Parks & Recreation Board Meeting – March 28, 2018 Page 5 of 8 Staff – It originally started as a nuisance program, not a disease prevention program. They now do a mixture of both. Our program is disease prevention. They also use the CSU testing results, and we both use the same testing contractor. Theirs is funded by their utility bill. Board – Spraying for mosquitos is an emotional topic. Some are very passionately opposed to spraying, but they don’t consider the science of an epidemic. We vaccinate horses twice a year for WNV, despite the once a year recommendation. Ragan Adams made a motion to strongly support Option 2 for the City of Fort Collins West Nile Virus policy. Seconded by Kelly Smith. Passes 7:0 STAFF UPDATES: Park Planning Updates • Poudre River Whitewater Park - As requested by City Council, city staff has met with multiple boards & commissions regarding the addition of optional features to the whitewater park. A summary of Board & Commission Updates follows: 1. Parks and Recreation Board, February 28, Unanimous Support 2. North College Citizen Advisory Group (CAG), March 1, Unanimous Support 3. Commission on Disabilities, March 8, Unanimous Support 4. Water Board, March 15, Support from 5 out of 7 board members 5. Natural Resources Advisory Board, March 21, Unanimous Support 6. Land Conservation and Stewardship Board, Meeting scheduled April 11 City staff is planning to present a recommendation to fully fund the optional features to City Council on April 17. • Long View Trail - Trail construction is progressing on schedule. City staff have been coordinating with a landowner with property adjacent to the trail and were unsuccessful in reaching an agreement with the resident regarding a fence located within the Right-of-Way (ROW.) The fence is planned to be removed later this week, with a temporary fence installed within the ROW, enabling trail construction to continue. City staff is optimistic the matter can ultimately be resolved in a matter satisfactory to the landowner. • Parks & Recreation Policy Plan Update - Preliminary efforts to develop the scope and schedule of the Parks and Recreation Policy Plan are underway. Staff development of a proposed Table of Contents for the document is planned over the next 3-4 months. This information will be used to develop a detailed Request for Proposals to allow selection of the most responsive and qualified consultant by late 2018. An update to City Plan, the communities comprehensive land use, transportation and transit plan is also underway. Park Planning and Development staff will participate to capture and record public input during the City Plan’s four “future visioning” events in April. Public input to the City Plan process is expected to include significant reference to the impact of our parks and recreation services on the current and future quality of life in Fort Collins. This information will be used to inform the scope and extent of the P&R Policy Plan next year. • City Park Refresh - The design team is working to complete 50% drawings and a preliminary cost estimate by the end of March. This cost estimate will be used to identify a phase one project, as well as the cost of future phase(s) to be potentially funded through the upcoming BFO cycle. Construction of the first phase of City Park Refresh is still anticipated to begin in early 2019. Park Planning and Development is currently working on organizing both a neighborhood meeting and a 15.a Packet Pg. 264 Attachment: Parks and Recreation Board minutes, March 28, 2018 (6753 : West Nile Virus Policy Amendments) Air Quality Advisory Board Monday April 16, 2018 5:30 PM 222 Laporte Ave – Colorado Room Excerpt from Air Quality Advisory Board draft meeting minutes: AGENDA ITEM 1: West Nile Virus - Management Policy Updates Matt Parker, Natural Areas Crew Chief, provided an overview regarding potential updates to thresholds for adult mosquito management actions. This item is scheduled to go before Council on May 15, 2018. Current Management and Monitoring Program Fort Collins’ management program is based on the CDC model for Integrated Mosquito Management. It integrates public education, larval management, surveillance, adult mosquito control and continual improvement assessment. Current public outreach includes the use of print materials (bus benches, banners, newspapers), social media (Nextdoor, Facebook, Twitter), trailhead indicators (Skeeter Meters) and the City of Fort Collins website. Focus populations include softball/baseball players, runners, homeless, non- English speaking citizens and river recreators. The current monitoring plan consists of 53 traps that are set and collected weekly during mid- June through mid-September. CSU tests the collected mosquitos for West Nile virus (WNV) and calculates the vector index on a weekly basis. The vector index represents the infection rate of Culex mosquito species in tested traps. West Nile Virus Amplification WNV is housed in avian populations and spreads when a mosquito bites an infected bird then lays eggs and bites another bird or human. When birds congregate the rate of infection can increase significantly. Current Adult Mosquito Control Spraying for mosquitos is the last tool used to combat WNV (decreased exposure through education and larval management is preferred). It is performed based on a recommendation from the Larimer County Department of Health and Environment. Currently, spraying for adult Culex mosquitoes is prompted by a vector index value of 0.75 or greater and confirmation of more than one human case of WNV per week or more than one WNV positive blood donor reported during the season. Proposed Changes and Rationale City Staff would like to decrease the vector index to 0.50 and remove the human case requirement(s). They believe this will enable them to initiate spraying sooner so that they can target smaller areas to get ahead of amplification and reduce the likelihood of City-wide or quadrant-wide spraying. Recent studies suggest that WNV-related deaths/complications may be under-represented due to significant long-term effects (neurological, chronic kidney disease) that weren’t previously linked to the virus. These studies prompted the Technical Advisory Committee to reevaluate the vector index threshold; however, the Committee has not identified a precise threshold, nor has consensus been reached regarding an appropriate human case consideration. ATTACHMENT 2 15.b Packet Pg. 265 Attachment: Air Quality Advisory Board minutes, April 16, 2018 (draft) (6753 : West Nile Virus Policy Amendments) A recommendation from the AQAB was requested regarding the threshold changes proposed by City staff. Discussion Jim asked if the CDC has calculated a recommended vector index for a climate like Fort Collins’. - Matt replied that the CDC does not provide climate-specific recommendations. Technical Advisory Committee recommendations range from 0.33 to 1.0. Vara inquired about real-time monitoring (maps) and seasonal predictions for WNV cases. - Matt responded that the CDC has a program dedicated to monitoring the WNV; they track 40- 50 species of mosquito populations that fluctuate with climate change. With these fluctuations, the distribution of mosquito-borne diseases has also changed, but not at a rate that warrants real-time tracking. Arsineh asked for more detail regarding the vector index, including how the number of infected traps are chosen, how the index is calculated and if the CDC recommends a specific sample area for such calculations. - Matt stated that the vector index represents the average number of infected mosquitoes collected per trap night. While the City is divided into quadrants for basic vector index calculations, the calculation is based on the number of traps that mosquitos were collected from and can therefore be scaled to more refined zones by decreasing the number of traps used in the calculation. A minimum of five traps will always be used as this represents the minimum to produce a statistically valid index calculation. Matt is unaware of any specifications from the CDC regarding the size of sample areas, but Chet Moore has advised that adhering to the five-trap minimum will produce a valid index. Greg and Karen asked who performs the pesticide applications and what the County’s threshold for spraying is. - Matt responded that a contractor is hired either by the City or County and noted that the Larimer County Department of Health and Environment has jurisdiction with regards to the initiation of spraying (The City will not spray without a recommendation from the County). The County’s threshold is based on a vector index of 0.5, and they do not make considerations for human cases. He also noted the complicated nature of determining exactly when to spray; for example, if the City’s threshold for spraying has been met, there are several other environmental factors (i.e. weather, etc.) to consider before determining when the best time to treat will be. Harry asked if the City has taken a position on consumer products (i.e. backyard foggers, UV lights etc.) and their effectiveness. - Matt stated that such solutions operate on a micro-scale and vary significantly in effectiveness; however, his office would advocate any solution that can reduce mosquito populations in an environmentally sensitive way. Arsineh, Mark and Jim asked for more information regarding the pesticide used for spraying and its application rates. - Matt stated that the pesticide permethrin is used, which is very effective in small amounts. According to EPA standards, 24 -25 applications can be safely made within a season at the rate that it’s applied in Fort Collins; however, to date, applications have ranged from 1 to 3 per year. It can be used as a topical cream to address human ailments and has been deemed safe for use during pregnancy and on children over the age of two months. It is dangerous to cats at 15.b Packet Pg. 266 Attachment: Air Quality Advisory Board minutes, April 16, 2018 (draft) (6753 : West Nile Virus Policy Amendments) rates of 100mg/kg. Permethrin is somewhat mosquito-specific in the sense that it is strategically applied to areas with high concentrations of mosquitos at times when they are most active. The application rate used for mosquito spraying is low enough that larger insects and pollinators should be able to process it without negative effects. In addition, there is an opt-out for businesses (ex. organic farms) to avoid application to their property during spraying. Mark and Matt discussed Council’s current position on spraying. In general, Council would like to gain a better understanding of the relationship between vector index, human infection and the effectiveness of adult mosquito treatment; however, this is a complicated issue as there are numerous environmental variables effecting both mosquito populations and pesticide application. Arsineh moved, and Chris seconded a motion to remove the human case thresholds Motion passed, 7-0-1. Karen moved, and Jim seconded a motion to support the reduction of the vector index to 0.5 Motion failed, 3-4-1. The motion failed due to the Board expressing concern over a lack of data. The Board would like quantifiable data regarding the potential reduction of pesticide use or in human cases associated with the proposed reduced threshold. Mark moved, and Vara seconded a motion to maintain an index threshold of 0.75 with the expectation that this year be used as a pilot study to provide more substantial evidence for a decrease in the threshold. Motion passed, 7-1-0. Jim moved to add amendment below to above motion: Jim stated that this issue can be revisited if AQAB members are provided rationale for the reduction based on EPA risk assessment, CDC guidance, local epidemiology or vector index and incidence data and other quantitative inputs to decision and ecotoxicology impacts. 15.b Packet Pg. 267 Attachment: Air Quality Advisory Board minutes, April 16, 2018 (draft) (6753 : West Nile Virus Policy Amendments) Natural Resources Advisory Board Wednesday, April 18, 2018 5:30 PM 222 Laporte Ave – Colorado Room Excerpt from Natural Resources Advisory Board draft meeting minutes: IV. WEST NILE VIRUS MANAGEMENT POLICY RESPONSE: Matt Parker, Natural Areas Resource Management Crew Chief – City of Fort Collins (“City”), presented to the NRAB updates on the West Nile Virus Management Policy Response. He requests a recommendation from the NRAB members to set the Vector Index level to .50 (from current .75) and remove the “Human Case” Requirement. He said that, in turn, it is anticipated that these policy changes would reduce the amount of ingredients sprayed into the atmosphere. In response to Barry Noon, Matt explained that the Vector Index measures specific species of mosquitoes that carry the West Nile Virus (“WNV”) and the Infection Rate in an area in with a minimum of five traps. Jay Adams inquired about the method for identifying new species and Matt replied that the mosquito traps provide this information. Matt continued by asserting that WNV is here to stay. He stated that the program focus is on “larval management” as evidenced by the fact that roughly two-thirds (2/3) of their budget is aimed at that activity. Gravid and CDC light traps are the primary tools. Matt, in reply to Danielle Buttke, said the city uses more light traps than gravid (10) overall. The Program’s Public Outreach and Education efforts are multi-dimensional. Platforms include Printed Media and Social Media, which uses, for example, NextDoor.com. Risk and GIS-based Maps are helpful in this regard. In regards to the population areas of focus, there is an effort to apprise groups such as softball players, river recreation enthusiasts and the homeless. Particularly useful are the “Skeeter Meter” kiosks. Sixteen (16) kiosks have, besides increasing awareness of mosquito dangers, dispensed over 4,000 wipes which contain repellant. Matt said that personal responsibility is the best defense with this problem. Ryan said that over-the-counter products such as “OFF” are effective. Some of the action items he discussed were source reduction, inspections, and mosquito traps. He noted that only two (2) types of mosquitoes carry WNV. He also pointed out that CSU tests and calculates the Vector Index. He continued by explaining that the Larimer County Department of Health and Environment sprays for mosquito control using polygon when the Vector Index indicates alert levels. He said that mitigation focus is on shallow bodies of water versus river areas. The West Nile Virus Technical Advisory Committee (“TAC”) of the City begins the meetings in the autumn for reviewing prior year effectiveness and creating the following year’s action plans. Currently, ten (10) city-appointed experts provide technical expertise and make recommendations regarding WNV policies. The TAC improvement process has led to the increase the larval control perimeter, modify the surveillance season and enhance the public outreach activities. They are also keeping in mind organic agriculture concerns of residents. ATTACHMENT 3 15.c Packet Pg. 268 Attachment: Natural Resources Advisory Board minutes, April 18, 2018 (draft) (6753 : West Nile Virus Policy Amendments) He continued that the TAC currently has no consensus on the Vector Index threshold level (the current discussion has varied from .33 to 1.) and no consensus on the “human case” requirement. Some TAC members feel that Fort Collins area residents appear to more aware of the risks, the residents could possibly withstand a higher Vector index threshold. Nancy Duteau added that the NRAB would like to have a team member represent the NRAB at the TAC meetings. Some purposes of the groups overlap and there is some expertise in the area that the NRAB would like to share with the TAC. Matt says that WNV impacts may be underreported because about 80% may experience no symptoms, 20% experience fever and, 1% experience meningitis or encephalitis which are serious medical conditions. Some effects are delayed such as kidney disease, which can show up four (4) to nine (9) years later, and neurological effects which show impacts in one (1) to three (3) years. While Matt said that WNV cases varies per year, Nancy Duteau and Danielle Buttke offered that Colorado experienced thirty-six (36) total WNV cases. In addition, Larimer and Weld County had higher levels than other counties. Luke Caldwell, repeating Matt‘s earlier comment, said that the “lag time” in waiting for human cases to occur presents a problem where the focus should be on early detection. This “lag time” element represents contention in the “Human Case” requirement. Danielle was also interested to explore whether there were Bird Surveillance monitoring activities. Matt said that an observation is that in “dry years” birds tend to congregate near water attracting the mosquitoes. This may be a point of early intervention. Danielle is enthusiastic about enhanced (and reliably predictive) Bird surveillance activity. Discussion ensued by Matt and the NRAB members, especially Barry Noon, analyzing the elements of the formula to calculate the Vector Index. The minimum number of traps to produce a reliable number is five (5). They discussed some components (abundance, population size and prevalence) of average density and estimated infection rate. Barry Noon would like the temporal trend to be teased apart by separating analysis of the abundance and prevalence to better understand how climate change may be impacting these trends. Barry Noon transitioned to discussing climate change effects. Specifically, how it is causing the WNV problem to move to the northern continental zones, “host environments” where there is no resistance history. The program, in conjunction with its contractor and the Centers for Disease Control, also conducts resistance testing. Elizabeth Hudetz shared a personal experience where private mosquito spraying occurred (in her neighborhood) and within hours, she observed bees and dragonflies die. Discussion ensued about spraying during the time that bees typically head into the hives. Nancy DuTeau added that private spraying occurs with individual property owners and HOA’s (Homeowners Associations) as well. Elizabeth Hudetz was concerned that “private-owners spraying” would have the effect of complicating analysis (Vector Index) by the City on the effectiveness of their own mitigation efforts. Matt replied that contractors for private-HOA spraying are often the same used 15.c Packet Pg. 269 Attachment: Natural Resources Advisory Board minutes, April 18, 2018 (draft) (6753 : West Nile Virus Policy Amendments) by the City and that enhanced coordination occurs. Of importance, said Nancy DuTeau, is to remember that some private spraying is targeting nuisance mosquitoes not just targeting the ones carrying WNV. Matt provided the NRAB with an illustration of historical average Vector Index levels, provided information on the numbers of years applications have been made (about half the years), and showed that a higher Vector Index level is associated with larger treatment areas, and therefore higher amounts of pesticide use. Matt iterated that the Department is aggressive in larval management with constant evaluation and improvement. Especially helpful is the community use of the telephone alert system allowing the contractor to address and target problems promptly. Danielle Buttke discussed that the scientific data appears conflicting. She mentioned that she had concerns about adulticide (Note: Adulticide is pesticide use to kill adult mosquitoes. Organic and synthetic examples might include malathion, naled, prallethrin, etofenprox, pyrethrins, permethrin, resmethrin, and sumethrin). While not favoring adulticide, she did recognize that it is important to address community concerns. She explained that, in Washington DC, there is no adulticide and the corresponding data shows that there was no increase in WNV. Overall, Danielle seems to favor not changing the Vector Index but removing the human case requirement in order to reduce incidence of using chemical mitigation. She is more amenable to focusing in Larvicide, which is in line with current policy. She also discussed the Vector Index versus other observation tools. Convinced by Danielle Buttke’s arguments, Bob Mann agrees in resistance to any pesticide application. Danielle mentioned a new Chief Entomologist who also may disfavor use of pesticide in mitigation. She added that high abundance counts (which should be separated from positive pools) may not correlate to high risk depending on other factors, and some do not even use the Vector Index. Jay Adams wanted to know what typical citizens could do proactively. Matt said that sharing information to with your family, friends and neighbors is a good start to increase awareness. Wearing protective clothing is effective and, in addition, over-the-counter repellant is effective. In summary, the Board commented that the City’s West Nile Virus program should address resistance, provide guidelines for spraying in the private sector by time of day, reassess the NRAB representation on the TAC, look at the year-over-year temporal and spatial patterns, and identify how to leverage bird data in their recommendations. Discussion was complete and the NRAB members moved to act on the recommendation requested. Danielle Buttke made a motion to remove the Human Case requirement for mitigation. Barry Noon seconded. The Vote passed unanimously. There was no action on the request to change the Vector Index from .75 to .50. 15.c Packet Pg. 270 Attachment: Natural Resources Advisory Board minutes, April 18, 2018 (draft) (6753 : West Nile Virus Policy Amendments) OPTION 1 – STAFF RECOMMENDATION EXHIBIT A PURPOSE, GOAL, FOCUS: West Nile Virus Management Policy May 5, 2018 The City of Fort Collins recognizes West Nile virus to be a public health issue. This West Nile Virus Management Policy has been developed to reduce the incidence of city residents contracting West Nile virus (a mosquito-borne virus). The overall goal of this Policy is to create a framework for execution of a program to reduce the risk of human West Nile virus infection, while limiting adverse human health and environmental impacts. The City's West Nile virus management program ("WNV Program") focuses on the following: 1. Providing a wide range of public education and outreach 2. Ensuring extensive on-going mosquito population data collection and monitoring, including extensive testing of samples for West Nile virus infection. 3. Executing an aggressive larval control program focused on Culex mosquitoes. This program includes detailed mapping of larval habitat and ongoing monitoring and larvicide applications. 4. Periodic evaluation of the program for continued efficacy. ROLE OF CITY MANAGER: The WNV Program is implemented by the City Manager using practices, specifications and administrative systems determined by the City Manager to be appropriate in light of this Policy. The City Manager is also responsible for making recommendations to City Council regarding amendments and additions to this Policy ADVISORY RESOURCES: Public Health Authorities - The City recognizes the State of Colorado Department of Health and the Larimer County Department of Health and Environment as the authorities on local public health issues. The City's primary role in managing the threat of West Nile virus is to inform and educate Fort Collins residents, participate in regional public education and outreach efforts, and administer a prevention-oriented mosquito management program. Technical Advisory Committee - The City Manager is to be assisted in determining appropriate Policy amendments or additions by a committee of up to ten (10) technical advisors. Such committee members shall be selected by the City Manager based on their technical expertise, and willingness and ability to diligently attend to Policy developments, in addition to supporting the City Manager's understanding of the impacts and interests of groups in the City affected by the WNV Program. - 1- ATTACHMENT 4 15.d Packet Pg. 271 Attachment: WNV Management Policy Option 1 (6753 : West Nile Virus Policy Amendments) Among those appointed to the Committee, the City Manager shall appoint up to two members each from those currently or formerly serving on the City Air Quality Advisory Board and the Natural Resources Advisory Board, as well as a representative of the Larimer County medical community. In addition to their primary responsibilities to advise the City Manager regarding the recommendations of the Health Department, it is the Council's intent and expectation that the Committee representatives from the Air Quality Advisory Board and the Natural Resources Advisory Board will each act as a liaison to his/her respective advisory Board. PROGRAM METHOD: The City applies adulticides only as an emergency response to a demonstrated increase in West Nile virus risk. A recommendation to adulticide comes from the Larimer County Department of Health and Environment and is reviewed by the City Manager. The decision to adulticide lies solely with the City Manager. Thresholds for treatment - In addition to a recommendation by Larimer County, prior to commencing adulticide treatment there shall be evidence suggesting Cu/ex mosquito populations are increasing at or above historical levels, in which case spraying will commence in any treatment zone where the vector index meets or exceeds .5. Treatment Zones - Delivery of WNV Program services will be tailored to conditions existing in multiple treatment zones within the City, as determined by the City Manager relying on historical data and information from the Larimer County Department of Health and Environment. The specific number of treatment zones may fluctuate between and during treatment seasons, as the City Manager may determine appropriate based on available data. Opt-Out Options - In deploying WNV Program treatments, the City will offer an opt-out from applications of adulticide treatments for those property owners whose names appear on the Colorado Department of Agriculture Pesticide-Sensitive Registry. The City Manager will also develop a set of metrics to qualify business properties that can demonstrate specific hardships due to the impact of adulticide on their operations to request exclusion of their properties from areas treated with adulticide. Such metrics will include definition of the hardships that qualify for a business opt-out and how such business properties will be monitored throughout a treatment season, relative to the WNV Program goal to reduce the risk of human WNV infection. Contractors - The City may use a contractor to carry out the majority of the program. When using a contractor, the City defines a comprehensive scope of services to be provided and selects a qualified contractor using an open bid and evaluation process. 15.d Packet Pg. 272 Attachment: WNV Management Policy Option 1 (6753 : West Nile Virus Policy Amendments) OPTION 2 – ADDITIONAL ALTERNATIVE EXHIBIT A PURPOSE, GOAL, FOCUS: West Nile Virus Management Policy May 5, 2018 The City of Fort Collins recognizes West Nile virus to be a public health issue. This West Nile Virus Management Policy has been developed to reduce the incidence of city residents contracting West Nile virus (a mosquito-borne virus). The overall goal of this Policy is to create a framework for execution of a program to reduce the risk of human West Nile virus infection, while limiting adverse human health and environmental impacts. The City's West Nile virus management program ("WNV Program") focuses on the following: 1. Providing a wide range of public education and outreach 2. Ensuring extensive on-going mosquito population data collection and monitoring, including extensive testing of samples for West Nile virus infection. 3. Executing an aggressive larval control program focused on Culex mosquitoes. This program includes detailed mapping of larval habitat and ongoing monitoring and larvicide applications. 4. Periodic evaluation of the program for continued efficacy. ROLE OF CITY MANAGER: The WNV Program is implemented by the City Manager using practices, specifications and administrative systems determined by the City Manager to be appropriate in light of this Policy. The City Manager is also responsible for making recommendations to City Council regarding amendments and additions to this Policy ADVISORY RESOURCES: Public Health Authorities - The City recognizes the State of Colorado Department of Health and the Larimer County Department of Health and Environment as the authorities on local public health issues. The City's primary role in managing the threat of West Nile virus is to inform and educate Fort Collins residents, participate in regional public education and outreach efforts, and administer a prevention-oriented mosquito management program. Technical Advisory Committee - The City Manager is to be assisted in determining appropriate Policy amendments or additions by a committee of up to ten (10) technical advisors. Such committee members shall be selected by the City Manager based on their technical expertise, and willingness and ability to diligently attend to Policy developments, in addition to supporting the City Manager's understanding of the impacts and interests of groups in the City affected by the WNV Program. - 1- ATTACHMENT 5 15.e Packet Pg. 273 Attachment: WNV Management Policy Option 2 (6753 : West Nile Virus Policy Amendments) Among those appointed to the Committee, the City Manager shall appoint up to two members each from those currently or formerly serving on the City Air Quality Advisory Board and the Natural Resources Advisory Board, as well as a representative of the Larimer County medical community. In addition to their primary responsibilities to advise the City Manager regarding the recommendations of the Health Department, it is the Council's intent and expectation that the Committee representatives from the Air Quality Advisory Board and the Natural Resources Advisory Board will each act as a liaison to his/her respective advisory Board. PROGRAM METHOD: The City applies adulticides only as an emergency response to a demonstrated increase in West Nile virus risk. A recommendation to adulticide comes from the Larimer County Department of Health and Environment and is reviewed by the City Manager. The decision to adulticide lies solely with the City Manager. Thresholds for treatment - In addition to a recommendation by Larimer County, prior to commencing adulticide treatment there shall be evidence suggesting Cu/ex mosquito populations are increasing at or above historical levels, in which case spraying will commence in any treatment zone where the vector index meets or exceeds .75. Treatment Zones - Delivery of WNV Program services will be tailored to conditions existing in multiple treatment zones within the City, as determined by the City Manager relying on historical data and information from the Larimer County Department of Health and Environment. The specific number of treatment zones may fluctuate between and during treatment seasons, as the City Manager may determine appropriate based on available data. Opt-Out Options - In deploying WNV Program treatments, the City will offer an opt-out from applications of adulticide treatments for those property owners whose names appear on the Colorado Department of Agriculture Pesticide-Sensitive Registry. The City Manager will also develop a set of metrics to qualify business properties that can demonstrate specific hardships due to the impact of adulticide on their operations to request exclusion of their properties from areas treated with adulticide. Such metrics will include definition of the hardships that qualify for a business opt-out and how such business properties will be monitored throughout a treatment season, relative to the WNV Program goal to reduce the risk of human WNV infection. Contractors - The City may use a contractor to carry out the majority of the program. When using a contractor, the City defines a comprehensive scope of services to be provided and selects a qualified contractor using an open bid and evaluation process. 15.e Packet Pg. 274 Attachment: WNV Management Policy Option 2 (6753 : West Nile Virus Policy Amendments) 1 West Nile Virus Management Policy Review Mike Calhoon, Director of Parks Matthew Parker, Crew Chief-Natural Areas 3-27-18 ATTACHMENT 6 15.f Packet Pg. 275 Attachment: Powerpoint presentation (6753 : West Nile Virus Policy Amendments) West Nile Virus Policy 2 “Reduce the risk of human WNV infection while limiting adverse human health and environmental impacts.” -- West Nile Virus Management Policy Adopted July 1, 2008 15.f Packet Pg. 276 Attachment: Powerpoint presentation (6753 : West Nile Virus Policy Amendments) West Nile Virus Program Overview • Began in 2003 as WNV became endemic to the region. • Policy development began in 2004, updated in 2008, and the current policy being last amended in 2014. • Based on Center of Disease Control’s (CDC) model – Integrated Mosquito Management. • Public education, larval management, surveillance, adult mosquito control and continual improvement assessment. 3 15.f Packet Pg. 277 Attachment: Powerpoint presentation (6753 : West Nile Virus Policy Amendments) Work Session Follow Up Consideration of Adult Mosquito Control Thresholds: • Staff recommendation • Additional Alternative • Status Quo with no change to current thresholds 4 15.f Packet Pg. 278 Attachment: Powerpoint presentation (6753 : West Nile Virus Policy Amendments) Staff Recommendation • Requires a vote on a resolution. • Threshold changes: • Reduce Vector Index to .5 • Remove human case consideration 5 15.f Packet Pg. 279 Attachment: Powerpoint presentation (6753 : West Nile Virus Policy Amendments) Staff Recommendation • Why is .5 the correct level for a threshold? • Once the Vector Index reaches .5 there is a higher incidence of human cases. • Recent studies show the latent effect of WNV. • Why remove the human case consideration? • Requiring human cases extends the lagging nature of the indicator. • Goal: Smaller overall application area due to earlier intervention which may mean more frequent applications but in smaller targeted areas. 6 15.f Packet Pg. 280 Attachment: Powerpoint presentation (6753 : West Nile Virus Policy Amendments) Additional Alternative • Requires a vote on a resolution. • Threshold changes: • Remove the human case consideration • The Vector Index would remain the same at .75 7 15.f Packet Pg. 281 Attachment: Powerpoint presentation (6753 : West Nile Virus Policy Amendments) Additional Alternative • Work session feedback • Advisory Board feedback • Parks & Recreation-Supported Staff recommendation • Air Quality-Supported removing human case consideration • Natural Resources-Supported removing human case consideration 8 15.f Packet Pg. 282 Attachment: Powerpoint presentation (6753 : West Nile Virus Policy Amendments) Status Quo • No action required. • Current thresholds will remain in place. • Vector Index .75 • Human case consideration 9 15.f Packet Pg. 283 Attachment: Powerpoint presentation (6753 : West Nile Virus Policy Amendments) West Nile Virus Policy 10 “Reduce the risk of human WNV infection while limiting adverse human health and environmental impacts.” -- West Nile Virus Management Policy Adopted July 1, 2008 15.f Packet Pg. 284 Attachment: Powerpoint presentation (6753 : West Nile Virus Policy Amendments) -1- RESOLUTION 2018-051 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE WEST NILE VIRUS MANAGEMENT POLICY AND PROVIDING DIRECTION TO THE CITY MANAGER REGARDING IMPLEMENTATION OF THE POLICY WHEREAS, West Nile virus was first detected in the Fort Collins area in 2003 and poses a significant health risk to the citizens of Fort Collins; and WHEREAS, West Nile virus is a mosquito-borne disease primarily prevented through the management of mosquito populations; and WHEREAS, beginning in 2003, the City Manager has worked with the City Council to evaluate and develop an approach for managing West Nile virus exposures in Fort Collins; and WHEREAS, during the intervening years, the City has continued to investigate and analyze alternatives and logistics for managing West Nile virus in Fort Collins, and has determined West Nile virus will continue to be present in the Fort Collins area in the foreseeable future; and WHEREAS, in 2007, the City Manager formed a Technical Advisory Committee (the "Committee") for the purpose of reviewing and making recommendations about the City's West Nile virus management policy and response plans; and WHEREAS, in 2008, based on its review, the Committee recommended the City employ a program response to manage the threat of West Nile virus using a series of actions, each of which is driven by a number of factors, with all decisions as to how best to deal with the threat of West Nile virus ultimately being subject to the discretion of the City Manager; and WHEREAS, the Larimer County Department of Health and Environment (the "Health Department") has, and continues to, provide assistance to the City in evaluating West Nile virus risks and recommending the course of action for the City to take in managing those risks; and WHEREAS, in response to the Committee and City Manager’s recommendations, the City Council adopted Resolution 2008-062, refining the policy of the City’s West Nile virus management program (the “WNV program”) to incorporate evaluation of Health Department seasonal data by a West Nile Virus Advisory Panel to include a member of the Larimer County Medical Society; and WHEREAS, in response to the Committee and City Manager’s recommendations, the City Council subsequently adopted Resolution 2014-049, refining the policy of City’s West Nile virus management program (the “WNV program”) to amend the program response guidelines (operational practices), implement a limited business opt-out and maintain a residential opt-out program based on the Colorado Department of Agriculture pesticide sensitivity registry, and eliminate the Advisory Panel to the City Manager; and Packet Pg. 285 -2- WHEREAS, the Committee and the City Manager recently recommended further amendments to the current City West Nile virus management policy as adopted by Resolution 2014-049 (the “Policy”) to update the vector index (a value representing the risk of WNV exposure in a population) and human case threshold under the WNV Program; and WHEREAS, staff and the Committee recommended removing the human case threshold and lowering the vector index in the Policy because the human case threshold is only triggered upon multiple actual human infections, and research correlates a higher vector index value to a higher overall rate of human infection, both criteria therefore create lags in the City’s ability to proactively minimize the human infection rate; and WHEREAS, at the City Council work session on March 27, 2018, the Council considered Committee and staff recommendations, received input from members of the public, and directed the City Manager and staff to prepare for its consideration a resolution making various changes to the Policy; and WHEREAS, based on the above preliminary commitments, staff has identified three options: (1) adjust vector index and remove the human case threshold; (2) remove just the human case threshold; and (3) maintain status quo under 2014 Policy, implementation of which would begin by June 1, 2018; and WHEREAS, the options presented for City Council’s consideration include maintaining the current threshold and requirements from the 2014 policy, reducing the vector index to 0.5, and removing the human case threshold requirement; and WHEREAS, the City Council finds increasing reliance on the regional mosquito trapping and testing network will lead to more timely and reliable indication of WNV activity in the community than will continued use of a human case threshold, and therefore supports removal of the human case threshold from the Policy; and [OPTION 1 ONLY: WHEREAS, the City Council further finds research concerning the latent effects of WNV in individuals, including kidney and neurological conditions, supports reduction of the vector index in the Policy to enable earlier action by the City to disrupt mosquito amplification, and reduce the frequency and treatment areas in which the City applies adulticide; and] WHEREAS, the City Council is, through adoption of this Resolution, approving continuation of the Policy as amended based on recommendations of the Committee, the City Manager, and the citizen input received at the March 27, 2018, City Council work session. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Packet Pg. 286 -3- Section 2. That the City Council hereby approves the 2018 West Nile Virus Management Policy, attached hereto as Exhibit “A” and incorporated herein by this reference, to govern and guide the management of West Nile virus in Fort Collins and supersede all prior policies. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of May, A.D. 2018. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Packet Pg. 287 EXHIBIT A OPTION 1 – STAFF RECOMMENDATION PURPOSE, GOAL, FOCUS: West Nile Virus Management Policy May 5, 2018 The City of Fort Collins recognizes West Nile virus to be a public health issue. This West Nile Virus Management Policy has been developed to reduce the incidence of city residents contracting West Nile virus (a mosquito-borne virus). The overall goal of this Policy is to create a framework for execution of a program to reduce the risk of human West Nile virus infection, while limiting adverse human health and environmental impacts. The City's West Nile virus management program ("WNV Program") focuses on the following: 1. Providing a wide range of public education and outreach 2. Ensuring extensive on-going mosquito population data collection and monitoring, including extensive testing of samples for West Nile virus infection. 3. Executing an aggressive larval control program focused on Culex mosquitoes. This program includes detailed mapping of larval habitat and ongoing monitoring and larvicide applications. 4. Periodic evaluation of the program for continued efficacy. ROLE OF CITY MANAGER: The WNV Program is implemented by the City Manager using practices, specifications and administrative systems determined by the City Manager to be appropriate in light of this Policy. The City Manager is also responsible for making recommendations to City Council regarding amendments and additions to this Policy ADVISORY RESOURCES: Public Health Authorities - The City recognizes the State of Colorado Department of Health and the Larimer County Department of Health and Environment as the authorities on local public health issues. The City's primary role in managing the threat of West Nile virus is to inform and educate Fort Collins residents, participate in regional public education and outreach efforts, and administer a prevention-oriented mosquito management program. Technical Advisory Committee - The City Manager is to be assisted in determining appropriate Policy amendments or additions by a committee of up to ten (10) technical advisors. Such committee members shall be selected by the City Manager based on their technical expertise, and willingness and ability to diligently attend to Policy developments, in addition to supporting the City Manager's understanding of the impacts and interests of groups in the City affected by the WNV Program. a Packet Pg. 288 Attachment: Exhibit A - Option 1 (6767 : West Nile Virus Policy Amendmnet RESO) Among those appointed to the Committee, the City Manager shall appoint up to two members each from those currently or formerly serving on the City Air Quality Advisory Board and the Natural Resources Advisory Board, as well as a representative of the Larimer County medical community. In addition to their primary responsibilities to advise the City Manager regarding the recommendations of the Health Department, it is the Council's intent and expectation that the Committee representatives from the Air Quality Advisory Board and the Natural Resources Advisory Board will each act as a liaison to his/her respective advisory Board. PROGRAM METHOD: The City applies adulticides only as an emergency response to a demonstrated increase in West Nile virus risk. A recommendation to adulticide comes from the Larimer County Department of Health and Environment and is reviewed by the City Manager. The decision to adulticide lies solely with the City Manager. Thresholds for treatment - In addition to a recommendation by Larimer County, prior to commencing adulticide treatment there shall be evidence suggesting Cu/ex mosquito populations are increasing at or above historical levels, in which case spraying will commence in any treatment zone where the vector index meets or exceeds .5. Treatment Zones - Delivery of WNV Program services will be tailored to conditions existing in multiple treatment zones within the City, as determined by the City Manager relying on historical data and information from the Larimer County Department of Health and Environment. The specific number of treatment zones may fluctuate between and during treatment seasons, as the City Manager may determine appropriate based on available data. Opt-Out Options - In deploying WNV Program treatments, the City will offer an opt-out from applications of adulticide treatments for those property owners whose names appear on the Colorado Department of Agriculture Pesticide-Sensitive Registry. The City Manager will also develop a set of metrics to qualify business properties that can demonstrate specific hardships due to the impact of adulticide on their operations to request exclusion of their properties from areas treated with adulticide. Such metrics will include definition of the hardships that qualify for a business opt-out and how such business properties will be monitored throughout a treatment season, relative to the WNV Program goal to reduce the risk of human WNV infection. Contractors - The City may use a contractor to carry out the majority of the program. When using a contractor, the City defines a comprehensive scope of services to be provided and selects a qualified contractor using an open bid and evaluation process. a Packet Pg. 289 Attachment: Exhibit A - Option 1 (6767 : West Nile Virus Policy Amendmnet RESO) EXHIBIT A OPTION 2 PURPOSE, GOAL, FOCUS: West Nile Virus Management Policy May 5, 2018 The City of Fort Collins recognizes West Nile virus to be a public health issue. This West Nile Virus Management Policy has been developed to reduce the incidence of city residents contracting West Nile virus (a mosquito-borne virus). The overall goal of this Policy is to create a framework for execution of a program to reduce the risk of human West Nile virus infection, while limiting adverse human health and environmental impacts. The City's West Nile virus management program ("WNV Program") focuses on the following: 1. Providing a wide range of public education and outreach 2. Ensuring extensive on-going mosquito population data collection and monitoring, including extensive testing of samples for West Nile virus infection. 3. Executing an aggressive larval control program focused on Culex mosquitoes. This program includes detailed mapping of larval habitat and ongoing monitoring and larvicide applications. 4. Periodic evaluation of the program for continued efficacy. ROLE OF CITY MANAGER: The WNV Program is implemented by the City Manager using practices, specifications and administrative systems determined by the City Manager to be appropriate in light of this Policy. The City Manager is also responsible for making recommendations to City Council regarding amendments and additions to this Policy ADVISORY RESOURCES: Public Health Authorities - The City recognizes the State of Colorado Department of Health and the Larimer County Department of Health and Environment as the authorities on local public health issues. The City's primary role in managing the threat of West Nile virus is to inform and educate Fort Collins residents, participate in regional public education and outreach efforts, and administer a prevention-oriented mosquito management program. Technical Advisory Committee - The City Manager is to be assisted in determining appropriate Policy amendments or additions by a committee of up to ten (10) technical advisors. Such committee members shall be selected by the City Manager based on their technical expertise, and willingness and ability to diligently attend to Policy developments, in addition to supporting the City Manager's understanding of the impacts and interests of groups in the City affected by the WNV Program. b Packet Pg. 290 Attachment: Exhibit A - Option 2 (6767 : West Nile Virus Policy Amendmnet RESO) Among those appointed to the Committee, the City Manager shall appoint up to two members each from those currently or formerly serving on the City Air Quality Advisory Board and the Natural Resources Advisory Board, as well as a representative of the Larimer County medical community. In addition to their primary responsibilities to advise the City Manager regarding the recommendations of the Health Department, it is the Council's intent and expectation that the Committee representatives from the Air Quality Advisory Board and the Natural Resources Advisory Board will each act as a liaison to his/her respective advisory Board. PROGRAM METHOD: The City applies adulticides only as an emergency response to a demonstrated increase in West Nile virus risk. A recommendation to adulticide comes from the Larimer County Department of Health and Environment and is reviewed by the City Manager. The decision to adulticide lies solely with the City Manager. Thresholds for treatment - In addition to a recommendation by Larimer County, prior to commencing adulticide treatment there shall be evidence suggesting Cu/ex mosquito populations are increasing at or above historical levels, in which case spraying will commence in any treatment zone where the vector index meets or exceeds .75. Treatment Zones - Delivery of WNV Program services will be tailored to conditions existing in multiple treatment zones within the City, as determined by the City Manager relying on historical data and information from the Larimer County Department of Health and Environment. The specific number of treatment zones may fluctuate between and during treatment seasons, as the City Manager may determine appropriate based on available data. Opt-Out Options - In deploying WNV Program treatments, the City will offer an opt-out from applications of adulticide treatments for those property owners whose names appear on the Colorado Department of Agriculture Pesticide-Sensitive Registry. The City Manager will also develop a set of metrics to qualify business properties that can demonstrate specific hardships due to the impact of adulticide on their operations to request exclusion of their properties from areas treated with adulticide. Such metrics will include definition of the hardships that qualify for a business opt-out and how such business properties will be monitored throughout a treatment season, relative to the WNV Program goal to reduce the risk of human WNV infection. Contractors - The City may use a contractor to carry out the majority of the program. When using a contractor, the City defines a comprehensive scope of services to be provided and selects a qualified contractor using an open bid and evaluation process. b Packet Pg. 291 Attachment: Exhibit A - Option 2 (6767 : West Nile Virus Policy Amendmnet RESO) Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY May 15, 2018 City Council STAFF Beth Sowder, Director of Social Sustainability Jackie Kozak-Thiel, Chief Sustainability Officer Ingrid Decker, Legal SUBJECT Resolution 2018-052 Authorizing the Execution of a Funding Agreement Between the City and the Housing Authority for a Loan of Funds from the Affordable Housing Capital Fund for Mason Place. EXECUTIVE SUMMARY The purpose of this item is to consider a resolution authorizing the execution of a funding agreement between the City of Fort Collins and Fort Collins Housing Authority (doing business as Housing Catalyst) for a loan of funds from the Affordable Housing Capital Fund (specific fund within the Community Capital Improvement Program) for the construction of Mason Place, a permanent supportive housing development. The funding amount requested is $876,662, to assist with the remaining funding gap prior to application for Low Income Housing Tax Credits which, along with mortgage debt, will provide the majority of the funding needed for the project. The proposed agreement will be subject to future appropriation by the City Council. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Over the past several years, housing attainment and affordability has been a key issue in City Plan as well as a primary issue identified by residents in the Community Survey. Additionally, the City’s Strategic Plan includes an initiative focused on improving access to quality housing that is affordable to a broad range of housing types. The Affordable Housing Strategic Plan speaks directly to the use of the Affordable Housing Capital Fund (AHCF) as a way to invest in needed housing projects, and permanent supportive housing for extremely low-income (0- 30% Area Median Income) are projects especially in need of direct subsidy. Increasing the number of permanent supportive housing units and progressing toward making homelessness rare, short-lived, and non-recurring are City priorities. The most recent Housing First Initiative (HFI) quarterly report data indicates that approximately 320 people in our community are chronically homeless. Permanent supportive housing would likely be appropriate housing for these individuals. The voter-approved Community Capital Improvement Program includes a specific Affordable Housing Capital Fund which will accrue a total of $4M over ten-years. The ballot language states it will fund capital costs of development or rehabilitation of one or more public or private housing projects designated specifically for low- income individuals or families. This is a new source of funding that has not been available for new projects yet. At the Council work session in January, Council was open to utilizing this fund for different potential options including fee waiver backfill and direct subsidy. This request would be a direct subsidy. Housing Catalyst is in the pre-development phase of the newest permanent supportive housing development called Mason Place which will be similar in size and programming to Redtail Ponds. Redtail Ponds was the first permanent supportive development in Fort Collins also developed by Housing Catalyst which has earned Agenda Item 16 Item # 16 Page 2 national recognition for both programming and design. Housing Catalyst owns the property and work is well underway with the architect, engineers, general contractor, and other design and energy sustainability professionals. Mason Place will: Provide 60 new apartments for homeless individuals with a disability, including veterans Provide on-site supportive services based on Housing First, Harm Reduction, and Trauma Informed Care models Assist people earning extremely low-incomes (0-30% Area Median Income) Utilize Veteran Administration Supportive Housing (VASH) vouchers and Housing Catalyst Project Based Vouchers Serve difficult and hard to reach populations The primary financing mechanism is the competitive federal Low-Income Housing Tax Credit (LIHTC) program. Timing is essential because the application for tax credits is due to the Colorado Housing Finance Authority by June 1, 2018. The application will need to show all funding sources committed - including local Community Development Block Grant (CDBG)/HOME/Affordable Housing Fund, Colorado Division of Housing, mortgage lender, developer, and other partners. Last month, the CDBG Commission conducted the competitive funding process for local CDBG, HOME, Affordable Housing Fund, and Human Service Program funding. With several solid requests totaling more than the available funding, the CDBG Commission recommended funding Mason Place at $1,123,388 ($2M requested). In order to fill the funding gap, Housing Catalyst is asking the City to utilize the Affordable Housing Capital Fund for the remaining $876,662.* (Attachment 1) The attached funding sources table (Attachment 2) shows the funding contributions from City, State, and Housing Catalyst and highlights the funding gap. *The amount recommended for funding by the CDBG Commission was revised after receiving the HUD allocation amount which was higher than anticipated. Therefore, the amount being requested has been reduced from the original request letter. To fulfill this request, the City Council would need to authorize the City Manager to enter into a funding agreement between the City and Housing Catalyst that would provide $876,662 to Housing Catalyst over the next three years (2018, 2019, 2020) from the Affordable Housing Capital Fund. (Attachment 3) This funding agreement would be: Conditional on Housing Catalyst receiving 2018 LIHTC grant award For the development of Mason Place, a permanent supportive housing development Providing funds as a “due-on-sale” loan to ensure the project remains as affordable housing (would only need to be repaid if/when the development was sold) Funds for 2019 and 2020 would be conditioned on the City receiving and appropriating the funds. CITY FINANCIAL IMPACTS This funding would come directly from the CCIP Affordable Housing Capital Fund, leaving an estimated $2.8M in the fund which will accrue in future years and could be used for additional projects. BOARD / COMMISSION RECOMMENDATION At its May 3, 2018 meeting, the Affordable Housing Board voted to support the staff recommendation to provide funding from the Affordable Housing Capital fund to the Mason Place development. (Attachment 4) Housing Catalyst’s need for this funding was realized after only partial funding for the Mason Place project was recommended through the City’s competitive funding process (leaving the gap of $876,662). The deadline for the Low-Income Housing Tax Credits application is June 1, 2018, so this will need to go to City Council at the Agenda Item 16 Item # 16 Page 3 May 15 meeting in order to make the deadline which did not allow enough time for this request to be considered by the Council Finance Committee. PUBLIC OUTREACH A neighborhood meeting was held April 9, 2018 at the Foothills Assembly of God Church with 24 people in attendance. City staff did a short presentation, introducing the project and describing the development review process. The applicant, Housing Catalyst, gave a short description of the project, the population it will serve, and their history in the Fort Collins community. With open house stations staffed with Housing Catalyst and design team members, community members were given the chance to interact and ask questions directly to the project team members who responded and recorded everything in written form. Housing Catalyst provided written responses to all public comments received at the April 9 meeting. Staff at Housing Catalyst reached out to a dozen individual business owners in the month preceding the neighborhood meeting. This outreach included one-on-one meetings and telephone conversations to describe the development, answer questions, and take note of any concerns. Housing Catalyst staff also met with an owner representative from the Safeway shopping center north of the development, who then took public outreach materials to the group of business owners within that shopping center. Additionally, staff followed up with individuals from the Troutman Park neighborhood who expressed concerns and questions about Mason Place following the neighborhood meeting. They also met with Dr. Gile, Lopez Elementary School’s principal, to provide information and address her questions so she can share that information with the school staff and parents. ATTACHMENTS 1. Mason Place Funding Request Letter from Housing Catalyst (PDF) 2. Mason Place Funding Sources Table (PDF) 3. Draft Housing Catalyst Mason Place AHCF Funding Agreement (DOCX) 4. Affordable Housing Board minutes May 3, 2018 (DOCX) 5. PowerPoint Presentation (PDF) April 17, 2018 Ms. Jaqueline Kozak-Thiel Chief Sustainability Officer City of Fort Collins 222 LaPorte Avenue Fort Collins, CO 80521 Dear Jackie, Housing Catalyst is in the pre-development and finance layering phase of our community’s newest permanent supportive housing development. Building on the success of the nationally recognized Redtail Ponds permanent supportive housing, Mason Place will be similar in size and programming. It will add 60 new affordable apartments to our community, plus on-site services for people who have experienced homelessness and who are extremely low-income (0-30% Area Median Income). The primary financing mechanism is the competitive federal Low Income Housing Tax Credit (LIHTC) program. This project meets the Affordable Housing Strategic Plan goals as well as City Strategic Initiatives. The Mason Place application for tax credits is due to the Colorado Housing Finance Authority by June 1, 2018. This is a highly competitive process with many strong projects in the pipeline. The Housing Catalyst LIHTC application will need to show all funding sources committed. The LIHTC program is one of the only tools for development of new affordable housing. It is complex and requires funding commitments in the form of local CDBG/HOME/AHF, the Colorado Division of Housing, mortgage lender, developer and other partners. Permanent supportive housing in particular requires a great deal of partner participation and local community support. We are grateful to the CDBG Commission for its recent recommendation for funding in the amount of $920,000 for Mason Place. We know that increasing the number of permanent supportive housing apartments and making progress toward making homelessness rare, short lived and non-recurring is a City priority. Housing Catalyst applied for $2 million of the $3.7 million available this round. In order to fill the final funding gap, we now respectfully request that the City Council activate the Affordable Housing Capital Fund by committing $1,080,000. This fits well with the ballot language that states that it will fund capital costs of development or rehabilitation of one or more public or private housing projects designated specifically for low-income individuals or families. We would need a commitment letter for the June 1st tax credit application, but we would not need the funds contracted until closing the tax credit partnership in Fall 2019. There are also some mechanisms that would allow for us to borrow funds from one of our lenders with the future commitment of these dollars. The attached Sources Table shows the strong City, State and Housing Catalyst contributions, and also shows the need for this final piece. We believe that this is the right time and perfect opportunity to activate this fund. I look forward to answering any questions you may have and to further conversations about next steps. Sincerely, Julie J. Brewen CEO ATTACHMENT 1 16.a Packet Pg. 295 Attachment: Mason Place Funding Request Letter from Housing Catalyst (6762 : Funding Agreement - Mason Place) Mason Place Sources SOURCE AMOUNT Federal Low Income Housing Tax Credits (LIHTC equity investor contribution) $11,648,150 Permanent Loan (Mortgage debt) $2,500,000 Colorado Division of Housing (HOME) $600,000 Division of Housing (Marijuana sales tax set‐ aside for permanent supportive housing) $750,000 City CDBG/HOME/AHF (Per CDBG Commission recommendation ‐ $2mill was requested) $1,123,388 Housing Catalyst Equity (Deferred Developer max feasible/allowable per LIHTC rule) $724,664 Affordable Housing Capital Fund Request $876,662 TOTAL $18,222,814 ($450,000 of anticipated City fee waivers reduce the construction cost and are not shown as a source for this purpose.) ATTACHMENT 2 16.b Packet Pg. 296 Attachment: Mason Place Funding Sources Table (6762 : Funding Agreement - Mason Place) Housing Catalyst Mason Place 2018 1 DRAFT RECIPIENT CONTRACT FOR CITY OF FORT COLLINS AFFORDABLE HOUSING CAPITAL FUND MONIES THIS RECIPIENT CONTRACT (“Contract”) is entered into by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter referred to as "the City") and the HOUSING AUTHORITY OF THE CITY OF FORT COLLINS, DBA HOUSING CATALYST, a body corporate and politic under the laws of the state of Colorado (hereinafter referred to as the “Recipient”), and shall be effective on the date last signed below. W I T N E S S E T H: WHEREAS, the City, through its Affordable Housing Capital Fund (“Fund”), desires to be a financial partner with developers of local affordable housing, where feasible; and WHEREAS, Recipient is proposing to construct Mason Place, a permanent supportive housing development (the “Project”), and has requested funding for the Project totaling $1,080,000 from the Fund; and WHEREAS, the City wishes to support the Project by providing funding subject to the terms and conditions herein. NOW, THEREFORE, in consideration of the mutual promises of the parties, it is agreed as follows: 1. Scope of Services/Performance Monitoring. A. The Scope of Services to be rendered by the Recipient as a condition of receiving funds for the Project pursuant to this Contract is attached as Exhibit A hereto and made a part of this Contract. The Recipient will develop the Project on the “Project Property”, as described in Exhibit A. Recipient agrees to perform the work described in Exhibit A, Scope of Services, in compliance with all provisions of this Contract. Recipient warrants and represents that it has the requisite authority and capacity to perform all of Recipient's obligations hereunder. B. The City will monitor the performance of the Recipient against goals and performance standards required herein. Substandard performance as determined by the City will constitute non-compliance with this Contract. If the Recipient does not take action to correct such substandard performance within a reasonable period of time after being notified by the City, the City may initiate contract suspension or termination procedures. 2. Time of Performance/Term of Contract. 16.c Packet Pg. 297 Attachment: Draft Housing Catalyst Mason Place AHCF Funding Agreement (6762 : Funding Agreement - Mason Place) Housing Catalyst Mason Place 2018 2 The Project shall commence upon the full and proper execution of this Contract and shall be completed on or before [DATE] (the “Completion Date”). However, the Project time of Performance may be extended by letter, subject to mutual agreement of the City and the Recipient. To initiate this process, the Recipient shall submit a written request to the City at least sixty (60) days prior to the Completion Date and shall include a full justification for the extension request. Except as provided in Section 22 below, this Contract shall be in effect as long as the Recipient retains control over properties which utilize Fund monies provided pursuant to this Contract for acquisition, construction or rehabilitation of affordable housing, including income generated from the funds. The City's obligation to provide funding under this Contract shall be from [DATE] to [DATE] and shall be contingent upon full compliance by Recipient with all terms and conditions set forth herein. 3. Payment/Repayment of Funds. If the Recipient is awarded 2018 9% Tax Credits by the Colorado Housing Finance Authority by no later than September 1, 2018 and is not in default hereunder, and the Contract and Scope of Services are eligible expenditures of Fund monies, the City will pay the Recipient monies of Eight Hundred Seventy-Six Thousand Six Hundred Sixty-Two dollars ($876,662) over a period of three years on the following schedule with no prepayment penalty: 2018: $484,000 in Fund monies appropriated and available (payment will occur once this agreement has been executed). 2019: $300,000 in Fund monies, subject to receipt of anticipated revenue by the City and appropriation of such funds by the Fort Collins City Council. Payment will occur January 15, 2019. 2020: $92,662 in Fund monies, subject to receipt of anticipated revenue by the City and appropriation of such funds by the Fort Collins City Council. Payment will occur January 15, 2020. Recipient also anticipates receiving from the City, subject to a separate agreement, an amount equal to $1,123,388 in CDBG/HOME monies (the “HUD Money”). Payment will be made upon presentation of invoices which Recipient certifies are true and correct copies of payments due on behalf of the Recipient, for an activity covered by this Contract and made in accordance and compliance with the Scope of Services. In no event shall the City's obligation to make payment to the Recipient hereunder exceed Eight Hundred Seventy-Six Thousand Six Hundred Sixty-Two dollars ($876,662). Payments may be made once a month in cases covering reimbursement for operation costs, otherwise upon presentation of vouchers accompanied by invoices or receipts showing date paid. Payment may be suspended by the City in the event of a default by Recipient. For certain projects funded with Fund monies, the City will withhold a retainage of 10% of the loan amount until the Recipient has successfully completed development of the Project through rental of all units and submittal to the City of all required documentation. All funds are provided as a “due-on-sale loan” at a minimum, unless otherwise specified in the Scope of Services. Loans also require payment of five percent simple interest on the principal, which payment shall be made to the City at the payoff of the loan. All loans 16.c Packet Pg. 298 Attachment: Draft Housing Catalyst Mason Place AHCF Funding Agreement (6762 : Funding Agreement - Mason Place) Housing Catalyst Mason Place 2018 3 are due in full upon sale or transfer by Recipient of the Project Property, in the event of a default by Recipient under this Contract, or if the Recipient or a subrecipient commits fraud, deceit or misrepresentation in obtaining funding. 4. Environmental Conditions. When applicable, no funds shall be obligated or expended until an Environmental Review is completed and submitted to the City of Fort Collins for review and the City has notified Recipient that the City concurs with the Environmental Review. The Recipient agrees to comply with all environmental or public health related laws or regulations, insofar as they apply to the performance of this Contract, including but not limited to:, the Clear Air Act, 42 U.S.C., 1857, et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended 1318 relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; the Environmental Protection Agency (EPA) regulations pursuant to 40 CFR, Part 50, as amended; the National Environmental Policy Act of 1969; and the Flood Disaster Protection Act of 1973. 5. Affordability/Restrictive Covenants Affordability requirements as described in the Scope of Work remain with the Project Property regardless of change of ownership during the specified period of affordability. An Agreement of Restrictive Covenants detailing affordability requirements in a form reasonably acceptable to the City will be placed on all properties funded by the City, which Restrictive Covenants will be used to enforce the long-term affordability of the project. The Recipient shall qualify households applying for housing assistance using Section 8 income guidelines. 6. Notices. Notices required to be given under this Contract shall be hand delivered or sent by U.S. Mail or overnight commercial courier and addressed as follows: If to the City: If to the Recipient: Affordable Housing Program Social Sustainability Department Housing Authority of the City of Fort Collins, dba Housing Catalyst 1715 W. Mountain Ave. Fort Collins, CO 80521 City of Fort Collins P.O. Box 580 Fort Collins, CO 80522-0580 Recipient will also notify the City promptly of any change in its ownership. 7. Compliance with Laws. 16.c Packet Pg. 299 Attachment: Draft Housing Catalyst Mason Place AHCF Funding Agreement (6762 : Funding Agreement - Mason Place) Housing Catalyst Mason Place 2018 4 The Recipient, in performance of this Contract, agrees to comply with all applicable Federal, State and local laws and ordinances, and other policies, regulations and guidelines established for the City of Fort Collins. Recipient agrees to comply with all provisions of the Americans with Disabilities Act and all regulations interpreting or enforcing such act. 8. Proof of Lawful Presence Recipient acknowledges that the City’s Affordable Housing Funds are a “public benefit” within the meaning of C.R.S. § 24-76.5-102. As such, the Recipient shall ensure compliance with C.R.S. § 24-76.5-103 of State statute by performing the required verifications. Specifically, when required the Recipient shall ensure that: a. if the public benefit provided by the funds flows directly to a natural person (i.e., not a corporation, partnership, or other legally-created entity) 18 years of age or older, he/she must do the following: (i) complete the affidavit attached to this Contract as Exhibit “D”. (ii) attach a photocopy of the front and back of one of the following forms of identification: a valid Colorado driver’s license or Colorado identification card; a United States military card or military dependent’s identification card; a United States Coast Guard Merchant Mariner identification card; or a Native American tribal document. b. If an individual applying for the benefits identified herein executes the affidavit stating that he/she is an alien lawfully present in the United States, Recipient shall verify his/her lawful presence through the federal systematic alien verification or entitlement program, known as the “SAVE Program,” operated by the U.S. Department of Homeland Security or a successor program designated by said department. In the event Recipient determines through such verification process that the individual is not an alien lawfully present in the United States, the Recipient shall not provide benefits to such individual with the City’s Affordable Housing Funds. The City acknowledges that the Scope of Services provided by Recipient herein may fall within several exceptions to the verification requirements of C.R.S. § 24-76.5-103 for non- profits. For example, certain programs, services, or assistance such as, but not limited to, soup kitchens, crisis counseling and intervention, short-term shelter or prenatal care are not subject to the verification requirements of C.R.S. § 24-76.5-103. 9. Prohibition Against Employing Illegal Aliens This paragraph applies to all recipients whose performance of work under this Contract does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. In compliance with C.R.S. § 8-17.5-101, Recipient represents and agrees that: 16.c Packet Pg. 300 Attachment: Draft Housing Catalyst Mason Place AHCF Funding Agreement (6762 : Funding Agreement - Mason Place) Housing Catalyst Mason Place 2018 5 (a) As of the date of this Contract, Recipient does not knowingly employ or contract with an illegal alien who will perform work under this Contract; and Recipient will participate in the electronic employment verification program created in Public Law 104-208, as amended, and expanded in Public Law 108-156, as amended, and jointly administered by the United States Department of Homeland Security and the Social Security Administration, or its successor program (the “E-Verify” Program), in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Contract. (b) Recipient shall not knowingly employ or contract with an illegal alien to perform work under this Contract or knowingly enter into a contract with a subcontractor that fails to certify to Recipient that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. (c) Recipient has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through either the E-Verify Program or the employment verification program established by the State of Colorado pursuant to Section 8- 17.5-102(5)(c), C.R.S. (the “department program”). (d) Recipient is prohibited from using either the E-Verify Program or the department program procedures to undertake pre-employment screening of job applicants while this Contract is being performed. (e) If Recipient obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien, Recipient shall: (i) Notify such subcontractor and the City within three days that Recipient has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this Section the subcontractor does not cease employing or contracting with the illegal alien; except that Recipient shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (f) Recipient shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8- 17.5-102 (5), C.R.S. (g) If Recipient violates any provision of this Contract pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Contract. If this Contract is so terminated, Recipient shall be liable for actual and consequential damages to the City arising out of Contractor’s violation of Subsection 8-17.5-102, C.R.S. 16.c Packet Pg. 301 Attachment: Draft Housing Catalyst Mason Place AHCF Funding Agreement (6762 : Funding Agreement - Mason Place) Housing Catalyst Mason Place 2018 6 (h) The City will notify the Office of the Secretary of State if Recipient violates this provision of this Contract and the City terminates the Contract for such breach. 10. Independent Contractor. Nothing contained in this Contract is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Recipient shall at all times remain an independent contractor with respect to the services to be performed under this Contract. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation insurance as the Recipient is an independent contractor. 11. Liability. As to the City, Recipient agrees to assume the risk of all personal injuries, including death resulting therefrom, to persons, and damage to and destruction of property, including loss of use therefrom, caused by or sustained, in whole or in part, in connection with or arising out of the performance or nonperformance of this Contract by Recipient or by the conditions created thereby. Recipient further agrees to indemnify and save harmless the City, its officers, agents and employees, from and against any and all claims, liabilities, costs, expenses, penalties and attorney fees arising from such injuries to persons or damages to property or based upon or arising out of the performance or nonperformance of this Contract or out of any violation by Recipient of any statute, ordinance, rule or regulation. 12. Insurance and Bonding. The Recipient shall carry sufficient insurance coverage to protect Contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum, shall purchase blanket fidelity bond covering all of Recipient’s employees in an amount equal to cash advances from the City. Specifically, the Recipient will protect the City’s investment by providing Property Insurance, Workers Compensation and Employer’s Liability Insurance, if applicable, Commercial General Liability Insurance and All Risk Property Damage Insurance. 13. Grantor Recognition. The Recipient shall ensure recognition of the role of the City in providing services through this Contract. All activities, facilities and items utilized pursuant to this Contract shall be prominently labeled as to funding source. In addition, the Recipient will include a reference to the support provided herein in all publications made possible with funds made available under this Contract. Such labeling and/or reference shall generally state the following: "This project is partially supported by funding from the City of Fort Collins." 14. Documentation and Record-keeping. A. Records to be Maintained. 16.c Packet Pg. 302 Attachment: Draft Housing Catalyst Mason Place AHCF Funding Agreement (6762 : Funding Agreement - Mason Place) Housing Catalyst Mason Place 2018 7 The Recipient shall maintain all records that are pertinent to the activities to be funded under this Contract. Such records shall include but not be limited to: (i) Records providing a full description of each activity undertaken including the location of the Project, the form of assistance provided and the per-unit subsidy; (ii). Records required to determine the eligibility of activities, including minimum and maximum per-unit subsidy limits, household income, and lease requirements and tenant protections for each household; (iii). Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with City Affordable Housing fund assistance; The Recipient shall use reasonable and appropriate accounting systems in maintaining the records required hereunder. B. Retention. The Recipient shall retain all records pertinent to expenditures incurred under this Contract for a period of five (5) years after the termination of all activities funded under this Contract. Records for non-expendable property acquired with funds under this Contract shall be retained for five (5) years after final disposition of such property. The Recipient shall maintain all eligibility documentation on the occupants of the Project that supports the low-income benefit criteria for such occupants throughout the period of affordability for the Project as defined in the Scope of Work. C. Client Data. The Recipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided, racial and ethnic data and single head of household data. In addition, data will be retained for affordability and income targeting for each household. Such information shall be made available to City monitors or their designees for review upon request. D. Property Records. The Recipient shall maintain real property inventory records which clearly identify Project properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria. E. Audits and Inspections. 16.c Packet Pg. 303 Attachment: Draft Housing Catalyst Mason Place AHCF Funding Agreement (6762 : Funding Agreement - Mason Place) Housing Catalyst Mason Place 2018 8 All records with respect to any matters covered by this Contract shall be made available to the City at any time during normal business hours, as often as the City deems necessary, to audit, examine and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within thirty (30) days after receipt by the City. Failure of the Recipient to comply with the above requirements will constitute a violation of this contract and may result in the withholding of future payments. F. Suspension and Debarment. By executing this Contract, Recipient verifies and affirms that it has not been suspended or debarred from participating in or receiving federal government contracts, subcontracts, loans, grants or other assistance programs. 15. Reporting and Payment Procedures. A. Budgets. The specific use of the funds provided to Recipient under this and other City funding programs, is included in Exhibit A (Scope of Services), and a detailed contract budget for the Project is attached as Exhibit “C” and incorporated herein by this reference. The City and the Recipient may revise the budget from time to time in accordance with existing City policies, by amendment of this Contract. B. Program Income. The Recipient shall report to the City yearly all program income, as defined at 24 CFR 570.500(a) generated by activities carried out with funds made available under this Contract, including, but not limited to, any rental income or income derived from the sale of the Project Property. The Recipient may use such income during the Contract period for supportive services for residents of the Project based on Housing First, Harm Reduction, and Trauma Informed Care models. All program income not used in accordance with this Section shall be returned to the City at the end of the Contract period. C. Indirect Costs. If indirect costs are charged, the Recipient will develop an indirect cost allocation plan for determining the appropriate City share of administrative costs and shall submit such plan to the City for approval prior to submission of requests for any payments for the same. D. Payment Procedures. The City will pay to the Recipient funds available under this Contract based upon information submitted by the Recipient and consistent with any approved budget and City policy concerning payments. With the exception of certain 16.c Packet Pg. 304 Attachment: Draft Housing Catalyst Mason Place AHCF Funding Agreement (6762 : Funding Agreement - Mason Place) Housing Catalyst Mason Place 2018 9 advances, payments will be made for eligible expenses actually incurred by the Recipient, and not to exceed actual cash requirements. Payments will be adjusted by the City in accordance with advance fund and program income balances available in Recipient accounts. In addition, the City reserves the right to liquidate funds available under this Contract for costs incurred by the City on behalf of the Recipient. E. Progress Reports. The Recipient shall submit regular Progress Reports to the City on a quarterly basis until Project completion and on a yearly basis thereafter or as required by the Scope of Services. Quarterly reports shall include a narrative description of progress, percentage of work completed, funds expended, and any issues or problems. During any required period of affordability, the recipient will submit a yearly occupancy report and the City may require submission of a yearly audit. 16. Monitoring and Evaluation. The City reserves the right to monitor and evaluate the progress and performance of the Recipient to assure that the terms of this Contract are being satisfactorily met in accordance with City and other applicable monitoring and evaluating criteria and standards. Recipient shall cooperate with City relating to such monitoring and evaluation, and make available to the City any documents or other information requested by the City or relevant to the City’s monitoring and evaluation. 17. Property Acquired With Program Funds. A. Recipient agrees to use all personal assets and all real property, acquired or improved, in whole or in part, with Fund monies, as set forth in Exhibit A. In the event Recipient ceases to use a personal asset or real property acquired or improved with Fund monies in accordance with Exhibit A, the Recipient shall return the personal asset or real property to the City, or pay to the City a sum equal to its fair market value, less any portion of the value attributable to expenditures of non- Fund monies for the acquisition of, or improvement to, the asset or property. The Recipient shall transfer to the City any Fund monies on hand at the time of expiration of this Contract and any accounts receivable of Fund monies. B. Recipient agrees to promptly provide to the City, through an appropriate lien, deed of trust, or other security instrument, such security interest in any personal or real property acquired using funds provided under this Contract as the City may deem appropriate, based upon the nature of the property, the Scope of Services, the potential term of the security interest, and such other reasonable considerations as the City may deem appropriate in protecting its interest in the funds provided hereunder. Recipient further agrees that in addition to, or in lieu of the above, the City may require the execution and recordation of Restrictive Covenants on real property purchased in connection 16.c Packet Pg. 305 Attachment: Draft Housing Catalyst Mason Place AHCF Funding Agreement (6762 : Funding Agreement - Mason Place) Housing Catalyst Mason Place 2018 10 herewith, in order to protect the City’s interest in the funds provided hereunder. 18. Civil Rights. A. Compliance. The Recipient agrees to comply with Chapter 13, Article II, of the City Code and Title 24, Article 34, Parts 3 through 7, C.R.S., and with Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 104(b) and Section 109 of Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246, as amended by Executive Orders 11375, 11478 and 12086. B. Employment Nondiscrimination. The Recipient will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability or other handicap, age, actual or perceived sexual orientation, gender identity, marital status, or status with regard to public assistance in accordance with federal, state and local laws. The Recipient will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The Recipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. The Recipient will serve all eligible beneficiaries without regard to religion and may not restrict housing to people of a particular religion or by reason of their participation (or lack thereof) in religious activities. C. Land Covenants. This Contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and 24 CFR 570 Part 1. In regard to the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Contract, the Recipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Recipient is a beneficiary of and entitled to enforce such covenants. The Recipient, in undertaking its obligation to carry the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 16.c Packet Pg. 306 Attachment: Draft Housing Catalyst Mason Place AHCF Funding Agreement (6762 : Funding Agreement - Mason Place) Housing Catalyst Mason Place 2018 11 D. Fair Housing. All housing (for sale or rent) assisted with funding through the City must be made available without discrimination based on race, color, national origin, age, sex, religion, familial status or disability according to Title VIII of the Civil Rights Act of 1968, Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, Executive Orders 11063 and 12259 – Equal Opportunity in Housing, Section 504, Title II of the Americans with Disabilities Act; and without discrimination based on disability, race, creed, color, sex, sexual orientation, marital status, familial status, religion, national origin, or ancestry according to Part 5 of Article 34 of Title 24, C.R.S. 19. Prohibited Activity. The Recipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities, lobbying, political patronage or nepotism activities. Funds provided under this Contract must not be used for religious activities, to promote religious interests, or for the benefit of a religious organization. The recipient cannot require a beneficiary to participate in inherently religious activities; however, a faith-based organization may retain its independence to carry out its mission, including allowing a Board of Directors to be selected based on religious practice. 20. Conflict of Interest. The Recipient covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Contract. The Recipient further covenants that in the performance of this Contract, no person having such a financial interest shall be employed or retained by the Recipient hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer or elected official or appointed official of the City, or of any designated public agencies or Recipients which are receiving Affordable Housing Fund monies. 21. Subcontracts. The Recipient shall not enter into any subcontracts with any agency or individual in the performance of this Contract without the written consent of the City prior to the execution of such contract. The Recipient will monitor all subcontracted services on a regular basis to assure compliance with both this Contract and the applicable subcontract. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. The Recipient shall cause all of the provisions of this Contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Contract. The Recipient shall undertake to ensure that all subcontracts let in the performance of this Contract shall be awarded in a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to the City, along with documentation concerning the selection process. 22. Suspension or Termination and Default. 16.c Packet Pg. 307 Attachment: Draft Housing Catalyst Mason Place AHCF Funding Agreement (6762 : Funding Agreement - Mason Place) Housing Catalyst Mason Place 2018 12 A, Recipient may terminate this Contract at any time by giving written notice to the City of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. Partial terminations of the Scope of Service may only be undertaken with the prior written approval of City. If the Recipient terminates this Contract prior to completion of the Scope of Services, including any required period of affordability, all funds previously paid to Recipient by the City pursuant to this Contract must be repaid to the City upon such termination. B. The City may also suspend or terminate this Contract, in whole or in part, if Recipient materially fails to comply with any term of this Contract, or with any of the rules, regulations or provisions referred to herein; and the City may declare the Recipient ineligible for any further participation, through the Competitive Process, in City affordable housing, public facility or human services contracts, from any City funding source, in addition to other remedies as provided by law or in equity. In the event there is probable cause to believe the Recipient is in noncompliance with any applicable laws, rules, or regulations, the City may withhold up to one hundred (100) percent of said Contract funds until such time as the Recipient is found to be in compliance by the City or is otherwise adjudicated to be in compliance, or exercise the City’s rights under any security interest of the City arising hereunder. C. In the event of any termination pursuant to this section, the Recipient shall remit to the City all monies previously paid by the City to the Recipient under this Contract, and all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by Recipient under this Contract shall, at the option of the City, become the property of the City, provided, however, that Recipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. D. This Contract, and the City's obligations under it, will automatically terminate in the event of suspension or non-appropriation of funds by the City. 23. Amendments. The parties may amend this Contract at any time, provided that such amendments make specific reference to this Contract and are executed in writing, signed by a duly authorized representative of both organizations. Such amendments shall not invalidate this Contract, nor relieve or release the City or Recipient from its obligations under this Contract, except as expressly provided therein. 24. Assignability. This Contract has been awarded based on the specific qualifications and representations of the Recipient. Therefore, the Recipient shall not assign or transfer: (a) any interest in this Contract; (b) any of its rights or obligations under this Contract, or (c) its interest in any property obtained using the funds provided under this Contract (including 16.c Packet Pg. 308 Attachment: Draft Housing Catalyst Mason Place AHCF Funding Agreement (6762 : Funding Agreement - Mason Place) Housing Catalyst Mason Place 2018 13 but not limited to the Project Property as described in Exhibit A), without the prior written consent of the City; provided, however, that claims for money due or to become due to the Recipient from the City under this Contract may be assigned to a bank, trust company or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. For assignments and transfers requiring City consent, the Recipient must give the City no less than thirty (30) days advance notice of the proposed assignment or transfer. Notwithstanding any provision contained herein to the contrary, a to be formed entity of which the Recipient is the general partner or managing member (the “Partnership”) shall be a permitted sub-Recipient under this Contract and shall have all the same rights and obligations as the Recipient under this Contract. Without limiting the generality of the foregoing, the parties hereby expressly agree that the Partnership has the right to receive a loan of the Affordable Housing Capital Fund monies awarded under this Contract from the Recipient. 25. Entire Agreement/Governing Law. This Contract including all attachments; the applicant’s corresponding application for the City’s Competitive Process, the applicant’s verbal presentation before the CDBG Commission, the Promissory Note(s), the Deed(s) of Trust, the Agreement of Restrictive Covenants for Real Property and any other applicable legal documents, constitute the entire agreement between the parties hereto and no statement, promise, conditions, understanding, inducement or representation, oral or written, express or implied, which is not contained herein shall be binding or valid. This contract shall be binding upon the parties, their agents, representatives, successors and assigns. This Contract shall be governed under the laws of the State of Colorado. 26. Authority to Sign The persons executing this Contract on behalf of the Recipient represent that one or both of them has the authority to execute this Contract and to bind the Recipient to its terms. IN WITNESS WHEREOF, the parties have executed this Contract as of the date of the most recent signatory. THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By:_______________________ Date _________ Darin A. Atteberry, City Manager ATTEST: ____________________________ City Clerk 16.c Packet Pg. 309 Attachment: Draft Housing Catalyst Mason Place AHCF Funding Agreement (6762 : Funding Agreement - Mason Place) Housing Catalyst Mason Place 2018 14 ____________________________ (print name) APPROVED AS TO FORM: ____________________________ Sr. Assistant City Attorney ____________________________ (print name) HOUSING AUTHORITY OF THE CITY OF FORT COLLINS, DBA HOUSING CATALYST a body corporate and politic under the laws of the state of Colorado Date: By: Julie J. Brewen, Executive Director & Chief Executive Officer 16.c Packet Pg. 310 Attachment: Draft Housing Catalyst Mason Place AHCF Funding Agreement (6762 : Funding Agreement - Mason Place) Housing Catalyst Mason Place 2018 15 EXHIBIT A SCOPE OF SERVICES 1. Project Description and Objectives: Mason Place Permanent Supportive Housing Development will provide 60 new units of housing for homeless individuals with a disability with onsite supportive services. Based on the Housing First, Harm Reduction, and Trauma Informed Care models, Mason Place will provide affordable housing and services to people with special needs who are experiencing homelessness, including homeless veterans. With a combination of VASH vouchers and Housing Catalyst Project Based vouchers, Mason Place will be able to serve difficult and hard to reach populations with deep Area Median Income targeting. 2. Amount of award, source of funding: $876,662 AHCF 3. Terms of the Loan: Due on Sale loan with 5% simple interest 4. Project Property Address, number of units in the project and number of accessible units: 3750 S MASON Street, Fort Collins, CO 80525; 60 units; and 3 accessible units 5. Legal Description of Project Property: LOT 5A, CREGER PLAZA, SECOND REPLAT, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO 6. Low and Moderate Income Benefit. The Recipient shall insure that 100% of the total AHCF-assisted units (60 units) will be occupied by persons whose household income is less than or equal to 30% of area median income. Income limits are attached to this document as Exhibit B-1 and may be amended as necessary. The Recipient shall determine annual income of the Project beneficiaries using Section 8 Housing Program income definitions as per 24 CFR Part 813. 7. Affordability. Rental: For all City funding, regardless of changes in fair market rents and in median incomes over time, the qualifying rents are not required to be lower than the fair market rents for the project in effect at the time of contract execution. Area median incomes and Fair Market Rents are annually adjusted by the department of Housing and Urban Development (HUD). Rent and income levels must be reviewed annually by the City for compliance with the above requirements. The Fair Market Rent schedule, as set forth in Exhibit B-2 is attached hereto and is incorporated herein by reference, or as subsequently promulgated in writing by the City. The Recipient shall ensure that all of the units in the Project continue to be used to provide housing for low and moderate income persons at affordable rents. 8. Agreement of Restrictive Covenant: The City shall prepare and Recipient will be responsible for executing an agreement of restrictive covenant that will ensure that the property will remain affordable without regard to the term of any mortgage or the transfer of ownership for not less than the appropriate term described in the previous paragraph. The period of affordability for this project is twenty years regardless of repayment of loan and/or transfer or sale of the property. 16.c Packet Pg. 311 Attachment: Draft Housing Catalyst Mason Place AHCF Funding Agreement (6762 : Funding Agreement - Mason Place) Housing Catalyst Mason Place 2018 16 9. Tenant and Participants Protection: The lease between a tenant and an owner of rental housing must be for not less than one year, unless by mutual agreement between the tenant and the owner. Leases must specify that tenants must receive at least 30 days written notice prior to implementing a rent increase. The lease may not contain any of the prohibited lease terms listed in 24 CFR Part 92.253(b). In addition, all leases must comply with applicable state or local tenant-landlord laws. 10. Contract Administration. The City is responsible for providing the following information to the Recipient yearly as it becomes available: income limits, rent limits, utility allowances and any changes to requirements that may affect the management of the project. The Recipient shall be responsible for the timely completion of the Scope of Services requirements. 11. Housing Standards. These units will, at a minimum, meet HUD's Housing Quality Standards (24 CFR, Section 982.401 and 92.251, incorporated by reference), including lead- based paint requirements at 24 CFR Part 35, and all applicable local and state building codes and standards. 16.c Packet Pg. 312 Attachment: Draft Housing Catalyst Mason Place AHCF Funding Agreement (6762 : Funding Agreement - Mason Place) Housing Catalyst Mason Place 2018 17 EXHIBIT B-1 2017 Income Limits Income Limits (effective date 16/15/2017) 2017 Median Income for a Family of 4: $76,800 Mason Place will serve primarily single people at 0-30% AMI (Fort Collins/Loveland Metropolitan Statistical Area) City of Fort Collins Household Members Income 1 2 3 4 5 6 7 8 100% of AMI 53,800 61,500 69,200 76,800 83,000 89,100 95,300 101,400 80% of AMI 43,050 49,200 55,350 61,450 66,400 71,300 76,200 81,150 60% of AMI 32,280 36,900 41,520 46,100 49,800 53,460 57,180 60,840 50% of AMI 26,900 30,750 34,600 38,400 41,500 44,550 47,650 50,700 30% of AMI 16,150 18,450 20,750 23,040 24,900 26,750 28,600 30,450 AMI = Area Median Income 51-80%: Low Income (HOME High Income Limit) 31-50%: Very Low Income (HOME Low Income Limit) 0-30%: Extremely Low Income 16.c Packet Pg. 313 Attachment: Draft Housing Catalyst Mason Place AHCF Funding Agreement (6762 : Funding Agreement - Mason Place) Housing Catalyst Mason Place 2018 18 EXHIBIT B-2 2017 Fair Market Rents Rent 0-Bdrm 1-Bdrm 2-Bdrm 3-Bdrm 4-Bdrm Low HOME 685 733 880 1016 1135 High HOME 719 817 996 1347 1483 FAIR MARKET 719 817 996 1450 1755 50% Rent Limit 685 733 1173 1016 1135 65% Rent Limit 910 976 1383 1536 1659 *This section to be updated with the 2018/2019 rent and income limits at execution. 16.c Packet Pg. 314 Attachment: Draft Housing Catalyst Mason Place AHCF Funding Agreement (6762 : Funding Agreement - Mason Place) Housing Catalyst Mason Place 2018 19 EXHIBIT C PROJECT BUDGET Please note: The Sources and Uses statement from the application is hereby incorporated into the agreement from which the following is itemized: Committed Funds (A) + Anticipated Funds (B) = Total Funds (C) + $11,648,150 = $11,648,150 $11,648,150 $750,000 + $0 = $750,000 $0 + $600,000 = $600,000 $1,350,000 $920,000 + $0 = $920,000 + $1,080,000 = $1,080,000 $2,000,000 $655,859 + $0 = $724,664 $0 + $2,500,000 = $2,500,000 $3,224,664 $18,222,814 Expenses $ 2,700,000 $ 9,660,000 $ 1,595,550 $ 1,432,000 Perm Financing Costs $ 151,000 $ 159,500 $ 1,656,942 $ 867,822 $ 18,222,814 Other Total Project/Program Expenses = Syndication Costs Developer Fees Project Reserves Description Acquisition Costs Construction Costs Professional Fees and Soft Costs Construction Interim Costs FUNDING SOURCES/REVENUES Federal Low Income Housing Tax Credit (LIHTC) State Government Sources LIHTC Investor Equity DOLA SHP City CDBG/HOME DOH Description Federal Total = State Total = Local Total = Fee and Debt Total = Local Sources (includes government and non-foundation sources) Permanent Loan (Mortgage Debt) Affordable Housing Capital Fund Housing Catalyst Mason Place 2018 20 EXHIBIT D Proof of Legal Residency Pursuant to Section 24-76.5-103(4)(b), C.R.S. ONE COPY AND VERIFICATION REQUIRED FOR EACH ADULT AGE 19 AND OLDER I, _____________________________________, swear or affirm under penalty of perjury under the laws of the State of Colorado that (check one): ______ I am a United States citizen, or ______ I am a legal Permanent Resident of the United States, or ______ I am otherwise lawfully present in the United States pursuant to federal law. I understand that this sworn statement is required by law because I have applied for a public benefit, as defined by law. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute section 18-8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. If I checked the second or third option above, I understand that my lawful presence in the United States will be verified through the federal Systematic Alien Verification of Entitlement (SAVE) Program. __________________________ ____________________ Signature Date The above affidavit must be accompanied by a copy of one of the following four types of identification. _____ A valid Colorado Driver’s License or a Colorado Identification Card, issued pursuant to Article 2 of Title 42, C.R.S.; or _____ A United States military card or a military dependent’s identification card; or _____ A United States Coast Guard Merchant Mariner card; or _____ A Native American Tribal document. 16.c Packet Pg. 316 Attachment: Draft Housing Catalyst Mason Place AHCF Funding Agreement (6762 : Funding Agreement - Mason Place) MINUTES CITY OF FORT COLLINS AFFORDABLE HOUSING BOARD Date: Thursday, May 3, 2018 Location: Colorado River Room, 222 Laporte Avenue Time: 4:00–6:00pm For Reference Diane Cohn, Chair Ken Summers, Council Liaison Sue Beck-Ferkiss, Staff Liaison 970-221-6753 Board Members Present Board Members Absent Diane Cohn Jen Bray Curt Lyons Catherine Costlow Jeffrey Johnson Kristin Fritz Rachel Auldridge Staff Present Sue Beck-Ferkiss, Social Policy & Housing Project Manager Ryan Mounce, Planner, City of Fort Collins Clay Frickey, Planner, City of Fort Collins Brittany Depew, Administrative Assistant/Board Support Guests Julie Brewen, Housing Catalyst Call to order: 4:03 Agenda Review: No changes Public Comment: None Review and Approval of Minutes Jeff moved to approve April minutes before the meeting. Curt seconded. Motion passed, 4-0-2. Kristin recused and Rachel abstained. 16.d Packet Pg. 317 Attachment: Affordable Housing Board minutes May 3, 2018 (6762 : Funding Agreement - Mason Place) A. Housing Catalyst’s request for Affordable Housing Capital Fund funding – Sue Beck- Ferkiss The Competitive Process amounts awarded to housing applicants changed slightly as more funding was received from the U.S. Department of Housing and Urban Development (HUD) than anticipated. Housing Catalyst requested $2 million for the Mason Place permanent supportive housing development and are slated to receive $1,123,388 through the Competitive Process. They are now asking for the remaining $876,662 from the Affordable Housing Capital Fund. Housing Catalyst is applying for 9% tax credits on June 1, and the strongest application would be fully funded. Their gap in funding is due to their Community Development Block Grant (CDBG) request not being funded in full. The Affordable Housing Capital Fund is voter approved, and gets an increasing amount each year for a total of $4 million. Comments/Q&A: • Catherine: How much is currently in the fund? o Sue: We have about $500k in the account now, and the next two years we will get $400k each year. We would not give them funds now, we are committing to giving them the funds when needed, and as available in the Affordable Housing Capital Fund. • Diane: What’s the construction timeline? We’re looking at 2019? o Sue: Yes, but they have to get 2018 tax credits. o Diane: The 9%? o Sue: Yes, the 9% tax credits. • Catherine: So there wouldn’t be any funds left for other projects? o Sue: We would withhold some for fee waivers. • Diane: The request is for $876,662? o Sue: Yes, and it might take 2 or 3 years to fulfill the commitment. Jeff moved to support the staff recommendation to provide funding from the Affordable Housing Capital Fund to the Mason Place development. Curt seconded. Motion passed 5-0-1. Kristin recused. 16.d Packet Pg. 318 Attachment: Affordable Housing Board minutes May 3, 2018 (6762 : Funding Agreement - Mason Place) 1 Housing Catalyst Mason Place Request Beth Sowder, Social Sustainability Dept. Director May 15, 2018 ATTACHMENT 5 16.e Packet Pg. 319 Attachment: PowerPoint Presentation (6762 : Funding Agreement - Mason Place) Purpose 2 • Resolution • Execution of funding agreement with Housing Catalyst • Loan from Affordable Housing Capital Fund • Construction of Mason Place, permanent supportive housing • $876,662 to assist with remaining funding gap • Application for Low Income Housing Tax Credits 16.e Packet Pg. 320 Attachment: PowerPoint Presentation (6762 : Funding Agreement - Mason Place) Plan and Strategy Alignment 3 CITY PLAN CITY STRATEGIC PLAN AFFORDABLE HOUSING STRATEGIC PLAN 16.e Packet Pg. 321 Attachment: PowerPoint Presentation (6762 : Funding Agreement - Mason Place) “This project will fund capital costs of development or rehabilitation of one or more public or private housing projects designated specifically for low-income individuals or families.” 4 Voter Approved Language 16.e Packet Pg. 322 Attachment: PowerPoint Presentation (6762 : Funding Agreement - Mason Place) 5 REDTAIL PONDS Redtail Ponds 16.e Packet Pg. 323 Attachment: PowerPoint Presentation (6762 : Funding Agreement - Mason Place) Mason Place • Permanent Supportive Housing • Serving homeless individuals with a disability • On-site supportive services • Adaptive reuse of existing building • 60 units total • Utilize VASH and HC Vouchers • Serve difficult/hard to reach populations 6 • Green building and energy efficient construction • Vehicle parking spaces: 80 • Bike parking spaces: 62 (37 enclosed) • 3-story • Single point of entry w/ 24-7 staffing 16.e Packet Pg. 324 Attachment: PowerPoint Presentation (6762 : Funding Agreement - Mason Place) Mason Place Funding Sources 7 SOURCE AMOUNT Federal Low Income Housing Tax Credits (LIHTC equity investor contribution) $11,648,150 Permanent Loan (Mortgage debt) $2,500,000 Colorado Division of Housing (HOME) $600,000 Division of Housing (Marijuana sales tax set‐aside for permanent supportive housing) $750,000 City CDBG/HOME/AHF (Per CDBG Commission recommendation ‐ $2mill was requested) $1,123,388 Housing Catalyst Equity (Deferred Developer max feasible/allowable per LIHTC rule) $724,664 Affordable Housing Capital Fund Request $876,662 TOTAL $18,222,814 16.e Packet Pg. 325 Attachment: PowerPoint Presentation (6762 : Funding Agreement - Mason Place) Request to Authorize Funding Agreement $876,662 over three years (2018, 2019, 2020) This agreement would be: • Conditional on HC receiving 2018 LIHTC grant award • Development of Mason Place • “Due-on-sale” loan – ensure the project remains affordable 8 16.e Packet Pg. 326 Attachment: PowerPoint Presentation (6762 : Funding Agreement - Mason Place) Public Outreach Housing Catalyst Outreach: • Neighborhood Meeting April 9, 2018 • Presentations, overview • Open House style • Business outreach including Safeway shopping center • Followed-up with Troutman Park neighborhood • Lopez Elementary School Principal 9 16.e Packet Pg. 327 Attachment: PowerPoint Presentation (6762 : Funding Agreement - Mason Place) Staff Recommendation Staff recommends approval of the resolution: • Aligns with City goals and priorities • Funding would come from AHCF leaving an estimated $2.8M for other future projects • Affordable Housing Board voted to support 10 16.e Packet Pg. 328 Attachment: PowerPoint Presentation (6762 : Funding Agreement - Mason Place) -1- RESOLUTION 2018-052 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF A FUNDING AGREEMENT BETWEEN THE CITY AND THE HOUSING AUTHORITY FOR A LOAN OF FUNDS FROM THE AFFORDABLE HOUSING CAPITAL FUND FOR MASON PLACE WHEREAS, the Housing Authority of the City of Fort Collins, doing business as Housing Catalyst (“HC”) is proposing to construct Mason Place, a permanent supportive housing development in Fort Collins serving low-income homeless individuals with a disability, including veterans (the “Project”); and WHEREAS, HC applied for $2,000,000 in funding for the Project from the City’s 2018 competitive process for the allocation of City financial resources to affordable housing programs and projects and community development activities; and WHEREAS, the City’s Community Development Block Grant Commission recommended funding $1,123,388 of HC’s request; and WHEREAS, HC is planning to apply for tax credits from the Colorado Housing and Finance Authority, and must have its application submitted by June 1, 2018; and WHEREAS, to compete for tax credits, HC’s application must show that all its other funding is secured; and WHEREAS, to make up the funding shortfall, HC is requesting $876,662 in funds from the City’s Affordable Housing Capital Fund (AHCF) in the Community Capital Improvement Program (CCIP); and WHEREAS, the voter-approved ballot language for the CCIP says the AHCF is to be used to fund the capital costs of development or rehabilitation of one or more public or private housing projects designated specifically for low-income individuals or families; and WHEREAS, if the City Council approves the request, the City would provide the funding to HC in the same way it provides most other funding for affordable housing capital projects: as a due-on-sale loan pursuant to a Recipient Contract between the City and HC (the “Contract”); and WHEREAS, under the terms of the Contract, the City would provide $484,000 in AHCF funds for the Project in 2018, an additional $300,000 in AHCF funds in 2019 and $92,662 in AHCF funds in 2020, subject to receipt of anticipated revenue by the City and subject to appropriation of such funds by the City Council; and WHEREAS, the Contract would also allow HC to pass the funding through to a new partnership entity formed for the Project, of which HC is the general partner or a managing member; and Packet Pg. 329 -2- WHEREAS, Article II, Section 16 of the City Charter of Fort Collins empowers the City Council, by ordinance or resolution, to enter into contracts with governmental bodies to furnish governmental services and make charges for such services, or enter into cooperative or joint activities with other governmental bodies; and WHEREAS, under Section 1-22 of the City Code, intergovernmental agreements and other cooperative arrangements between the City and other governmental entities are to be submitted to the City Council for review, unless they fit within one of the exceptions that permit execution by the City Manager; and WHEREAS, Section 29-1-203 of the Colorado Revised Statutes provides that governments may cooperate or contract with one another to provide certain services or facilities when such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve; and WHEREAS, the City Council finds that the Project meets the requirements for funding from the AHCF, and that it is in the best interests of the City to provide the requested funding to HC for the project. 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 Manager is hereby authorized to execute a Recipient Contract with Housing Catalyst on terms consistent with this Resolution, along with such other terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City or effectuate the purposes set forth herein. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of May, A.D. 2018. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Packet Pg. 330 FUNDING USES/EXPENSES Deferred Develop Fee Total Revenues from all Categories = 16.c Packet Pg. 315 Attachment: Draft Housing Catalyst Mason Place AHCF Funding Agreement (6762 : Funding Agreement - Mason Place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nderstanding of community issues and stay informed Open minded and make a fair decision Listening closely to all speakers NO ■ Kaustubh Kaushik 03/28/18 ■ 14.1 Packet Pg. 256 Attachment: Applications (6755 : B&C appts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ligibility Requirements: #\HDUUHVLGHQF\ZLWKLQWKH)RUW&ROOLQV*URZWK0DQDJHPHQW$UHD If you have questions or need additional information, contact: City Clerk’s Office (300 LaPorte Avenue) at 970.416.2525 Fax or email completed documents to cmacrina@fcgov.com or (970) 416-2525 Kaustubh Kaushik ■ ■ Fossil Ridge High School I do not have a job 1) ICB (Intercultural Community Builders) 2015- present day, and serve on the B.O.D as the Treasurer. 2 )Youth Coordinator at the non profit Organization (IANC) Indian Association of Northern Colorado 2015- present 3) Library ■ ■ ■ ■ District 3 10th Grade --Click to select-- I served as a student Council leader during my middle school years and would like to suggest ,input and feedback to Plan youth programs, the Youth Team, the current Executive Team, the Board of Directors, and as needed. ■ My leadership skills , Understanding of community issues , being fair are the most important skills that are applicable to this Board. 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Dr Locust Ct La Garita Ln Baum St Sangre De Cristo Ln Kenroy Ct E Magnolia St E Laurel St Frontage Rd E Laurel St Pine St Downtown Development Authority Boundary Parcels DDA Boundary Printed: October 01, 2017 1 inch = 1,320 feet . 0 0.125 0.25 0.5 Miles Amended: March 7, 2017 ATTACHMENT 1 7.1 Packet Pg. 70 Attachment: Downtown Development Authority Boundary Map (6745 : DDA Line of Credit 2019-2024)