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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 05/07/2019 - REGULAR MEETINGCity of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Kristin Stephens, District 4, Mayor Pro Tem City Hall West Susan Gutowsky, District 1 300 LaPorte Avenue Julie Pignataro, District 2 Fort Collins, Colorado Ken Summers, District 3 Ross Cunniff, District 5 Cablecast on FCTV Channel 14 Emily Gorgol, District 6 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney City Manager City Clerk Regular Meeting May 7, 2019 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 5:05 p.m. A. Proclamation Declaring May 5-11, 2019, as the 50th Anniversary of Municipal Clerks Week. B. Proclamation Declaring May 5-11, 2019, as Drinking Water Week. C. Proclamation Declaring May 5-11, 2019, as Public Service Recognition Week. D. Proclamation Declaring May 7, 2019, as Katie Ko Day. E. Proclamation Declaring May 18, 2019, as Kids to Parks Day. F. Proclamation Declaring May 2019 as Historic Preservation Month. G. Proclamation Recognizing the Fort Collins Museum of Discovery Accreditation. City of Fort Collins Page 2 Regular Meeting 6:00 p.m. • PLEDGE OF ALLEGIANCE • PUBLIC SERVICE RECOGNITION WEEK - RECOGNITION OF 2019 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. • PUBLIC COMMENT Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council. • Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes). • All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting). • The presiding officer will determine and announce the length of time allowed for each speaker. • Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk. • A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will beep again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.] • PUBLIC COMMENT FOLLOW-UP City of Fort Collins Page 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 from the March 5, March 19 and April 16, 2019 Regular Council Meetings, the March 26, 2019 Adjourned Council Meeting and the April 23, 2019 Special Council Meeting. The purpose of this item is to approve the minutes from the March 5, March 19, and April 16, 2019 Regular Council meetings, the March 26, 2019 Adjourned Council meeting and the April 23, 2019 Special Council meeting. 2. Second Reading of Ordinance No. 059, 2019, 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. This Ordinance, unanimously adopted on First Reading on April 16, 2019, appropriates $667,926, of which $240,792 is proposed for 2019 Cultural Development and Programming Activities (Fort Fund), $28,558 is proposed for 2019 Tourism Programming (Fort Fund), and $398,576 is proposed for 2019 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 2018 was $569,394 above projected collections. 3. Second Reading of Ordinance No. 060, 2019, Making Appropriations and Authorizing Transfers of Appropriations for the Suniga Road Improvements Project and Related Art in Public Places. This Ordinance, unanimously adopted on First Reading on April 16, 2019, appropriates $170,550 into the Capital Project Fund for the Suniga Road Improvements Project. The City collected these funds as payment in lieu for a development’s local street frontage improvements associated with Suniga Road. In addition, this item will authorize the transfer of $1,705, 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 construct Suniga Road to the City’s four-lane arterial roadway standards between North College Avenue and Blondel Street as identified on the City’s Master Street Plan. Improvements include raised, protected bike lanes, pedestrian facilities, transit facilities, utility infrastructure, roadway improvements, and landscaped medians and parkways. The project will complement the existing section of Suniga Road, providing connectivity for surrounding developments from North College Avenue to Redwood Street. This project was approved during the 2017/2018 Budgeting for Outcomes (BFO) process and will be constructed this year. City of Fort Collins Page 4 4. Second Reading of Ordinance No. 061, 2019, Making Appropriations and Authorizing Transfers of Appropriations for the Willow Street Improvements Project and Related Art in Public Places. This Ordinance, unanimously adopted on First Reading on April 16, 2019, appropriates $435,000 of Downtown Development Authority (DDA) funds, $40,364 of Transportation Capital Expansion Fee (TCEF) funds, and $4,439 of Transportation Reserves into the Capital Project Fund for the Willow Street Improvements Project. In addition, this item will authorize the transfer of $4,755, from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places. This project will design and construct roadway and urban design improvements along Willow Street between North College Avenue and Linden Street, including a pedestrian plaza at the northern corner of Willow Street and Linden Street. The overall project budget is $4.3 million, and construction is scheduled to begin in the summer 2019. This project was approved through the Community Capital Improvements Program (CCIP) tax initiative. 5. Second Reading of Ordinance No. 062, 2019, Amending Chapter 2 of the Code of the City of Fort Collins to Establish Council Expectations Regarding Action by Boards and Commissions and Member Participation. This Ordinance, unanimously adopted on First Reading on April 16, 2019, amends City Code to provide guidelines on board or commission member participation that require members not to abstain in items they are participating in; an abstain vote will be treated as a yes vote. Conflict of Interest guidelines continue as they currently exist. 6. Second Reading of Ordinance No. 063, 2019 Amending the Code of the City of Fort Collins to Direct Mixed Construction and Demolition Materials to the Future Larimer County Construction and Demolition Waste Processing Facility, Upon Its Completion. This Ordinance, unanimously adopted on First Reading on April 16, 2019, amends City Code to direct all mixed loads of construction and demolition waste to a future County-owned sorting facility, once that facility is built. Adopting the recommended building code changes would cause Larimer County to begin development of a sorting/recycling facility for construction and demolition waste. 7. First Reading of Ordinance No. 064, 2019, Appropriating Prior Year Reserves for Natural Areas Programming Not Included in the 2019 Adopted City Budget. The purpose of this item is to appropriate $10,215,000 in prior year reserves and unanticipated revenues in the Natural Areas Fund. These appropriations are for land conservation and restoration of wildlife habitat, as well as other Natural Areas Department programs to benefit the citizens of Fort Collins. 8. First Reading of Ordinance No. 065, 2019, Vacating Portions of Hobbit Street Right-of-Way East of Shields Street. The purpose of this item is to vacate a portion of the Hobbit Street right-of-way that was originally intended to be built in connection with the Young’s Creek development plan (Young’s Creek). Young’s Creek would have extended Hobbit Street from its current termination north into its development but was never constructed and has since expired. With the approval of the Landmark Apartments Expansion project in place of Young’s Creek, the constructed portion of Hobbit Street (which is not being vacated) will be terminated into a cul-de-sac at its current location. 9. Resolution 2019-055 Authorizing the City Manager to Execute an Agreement Between the City of Fort Collins, the East Larimer County Water District, the Fort Collins-Loveland Water District, and the North Weld County Water District Regarding a Study Related to a Temporary Shutdown of the Horsetooth Reservoir Soldier Canyon Outlet. The purpose of this item is to execute an intergovernmental agreement between the City of Fort Collins and the Tri-Districts (Fort-Collins Loveland, East Larimer County, and North Weld County City of Fort Collins Page 5 water districts) to evaluate alternate water supplies and risk mitigation strategies during an October 2020 planned 45-day shutdown of the Soldier Canyon Dam water supply line from Horsetooth Reservoir to the two drinking water treatment plants serving the City of Fort Collins and surrounding areas. 10. Resolution 2019-056 Supporting the Grant Application by Fort Collins Utilities for the United States Department of the Interior, Bureau of Reclamation’s WaterSMART Grant and Authorizing the City Manager to Execute Agreements Regarding Such a Grant. The purpose of this item is to request City Council support to pursue a United States Bureau of Reclamation WaterSMART Grant: Small Scale Water Efficiency Projects for Fiscal Year 2019. If awarded, Fort Collins Utilities, through its Water Conservation Division, would use the funds to support commercial-scale waterwise transformations in partnership with homeowners’ associations (“HOAs”) and commercial customers. Reclamation requires a resolution of City Council support be submitted as part of the grant application package. The Resolution demonstrates that the applicant has support from its governing board to carry out the grant agreement, if awarded. 11. Resolution 2019-057 Making Appointments to the Citizen Review Board, the Natural Resources Advisory Board, the Senior Advisory Board and the Women's Commission of the City of Fort Collins. The purpose of this item is to appoint individuals to fill vacancies that currently exist on the Citizen Review Board, the Natural Resources Advisory Board, the Senior Advisory Board, and the Women’s Commission. The vacancy on the Citizen Review Board is due to the election of Julie Pignataro as the Councilmember for District 2 who served on the Commission until being sworn in on April 23, 2019. The vacancy on the Natural Resources Board is due to the resignation of Luke Caldwell. The vacancy on the Senior Advisory Board is due to the resignation of Alan Beatty. The vacancy on the Women’s Commission is due to the election of Emily Gorgol as the Councilmember for District 6 who served on the Women’s Commission until being sworn in on April 23, 2019. END CONSENT • CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. • STAFF REPORTS A. Community Dashboard Metric: Electric System Average Interruption Duration Index (SAIDI) (staff: Tim MCollough, Neal May) B. Community Dashboard Metric: Affordable Housing Inventory (staff: Tyler Marr, Sue Beck- Ferkiss) • COUNCILMEMBER REPORTS • CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS City of Fort Collins Page 6 Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (three minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 12. Resolution 2019-058 Naming Three Downtown Alleys Within the Block Bounded by South College Avenue, West Oak Street, South Mason Street and West Mountain Avenue and Renaming a Local Street. (staff: Ted Shepard; 5 minute staff presentation; 15 minute discussion) The purpose of this item is to name three downtown alleys that have recently been improved by the Downtown Development Authority. The three alleys are located within the block bounded by South College Avenue, West Oak Street, South Mason Street and West Mountain Avenue. Additionally, staff requests that Pinon Street, a local street, be renamed to West Suniga Road. The proposed alley names are Beardmore Alley, Godinez Alley and Reidhead Alley. 13. Resolution 2019-059 Revising the List of Names for Arterial and Collector Streets. (staff: Ted Shepard; 5 minute staff presentation: 15 minute discussion) The purpose of this item is to update the list of names for arterial and collector streets as required by City Code Section 24-91. • CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS • OTHER BUSINESS A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.) • ADJOURNMENT Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. PROCLAMATION WHEREAS, the Office of the City Clerk, a time honored and vital part of local government exists throughout the world and is the oldest office among public servants; and WHEREAS, the Office of the City Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels and serves as the information center on functions of local government in our community; and WHEREAS, City Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, City Clerks continually strive to improve the administration of the affairs of the Office of the City Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, provincial, county and international professional organizations; and WHEREAS, the City of Fort Collins City Clerk’s Office represents 145 years of experience in local government and is knowledgeable, innovative and reliable in helping our citizens navigate the halls of city government. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do recognize the week of May 5 through May 11, 2019, as the 50th anniversary of MUNICIPAL CLERKS WEEK and further extend appreciation to City Clerk Delynn Coldiron and her staff for the vital services they perform and their exemplary dedication to our community. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 7th day of May, A.D. 2019. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 7 PROCLAMATION WHEREAS, water is our most valuable natural resource; and WHEREAS, Fort Collins tap water is critical to maintaining public health protection, economic vitality, fire protection, and quality of life; and WHEREAS, for more than 35 years, the American Water Works Association (AWWA) and its members have celebrated Drinking Water Week – a unique opportunity for both water professionals and the communities they serve to join together to recognize the vital role water plays in our daily lives, and WHEREAS, the City works diligently to guarantee that the drinking water leaving the Water Treatment Facility is safe to drink and meets all federal and state standards, and contributes to a successful community through low mortality rates, economic growth and diversity, productivity and public safety; and WHEREAS, we are all stewards of the water infrastructure upon which future generations depend; and WHEREAS, each citizen of Fort Collins is called upon to help protect our source waters from pollution, to practice water conservation, and to get involved in local water issues. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim May 5-11, 2019, as DRINKING WATER WEEK IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 7th day of May, A.D. 2019. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 8 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 expertise, 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, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim the week of May 5-11, 2019, 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 7th day of May, A.D. 2019. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 9 PROCLAMATION WHEREAS, developing youth leaders and encouraging youth to volunteer increases young people’s understanding of our community, adds a youth’s perspective on issues occurring in our city and encourages young people’s future participation in community affairs; and WHEREAS, Katie Ko, a senior at Poudre High School, has been an invaluable asset to our city as a youth leader, serving four years on the Youth Advisory Board as Vice Chair and Chair, and serving as a judge for the Innovate Fort Collins Challenge, as well as numerous other volunteer work for the city, including Family Volunteer Day; and WHEREAS, Katie is founding director of PandoMonium Leadership, a nonprofit organization which teaches middle school students the importance of diversity and appreciating others’ difference while serving our community; and WHEREAS, as Chair of the Youth Advisory Board, Katie led efforts to erect a community chalkboard in Foothills Mall as a symbol and outlet for freedom of speech and expression, especially for youth; and WHEREAS, as Co-Coordinator for Poudre High School International Baccalaureate Student Leadership group, Katie led organizational efforts for the Poudre High School International Night and International Day, cultural exchange events to help students understand global cultures in a fun, interactive environment; and WHEREAS, based on her scholastic achievements and leadership and volunteer accomplishments, Katie has advanced into the final stages of several prestigious scholarships, as a candidate for the U. S. Presidential Scholars Program and a finalist for the Boettcher Foundation Scholarship. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim May 7, 2019, as KATIE KO DAY and commend Katie for her outstanding volunteer contributions to others and our community. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 7th day of May, A.D. 2019. __________________________________ ATTEST: Mayor _________________________________ City Clerk Packet Pg. 10 PROCLAMATION WHEREAS, May 18, 2019 is the ninth National Kids to Parks Day, organized and launched by the National Park Trust, held annually on the third Saturday of May; and WHEREAS, National Kids to Parks Day empowers kids and encourages families to get outdoors and visit America’s parks; and WHEREAS, it is important to introduce a new generation to our local and national parks; and WHEREAS, we should encourage children to lead a more active lifestyle to combat the issues of childhood obesity, diabetes mellitus, and hypertension; and WHEREAS, Kids to Parks Day is open to all children and adults across our community to encourage a large and diverse group of participants; and WHEREAS, Kids to Parks Day will broaden children’s appreciation for nature and the outdoors; and WHEREAS, Fort Collins has 42 neighborhood parks and seven community parks, including Twin Silo Park, the City’s newest community park, that all are open for children to run and play. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclamation May 18, 2019 as KIDS TO PARKS DAY and I urge our citizens to take the children in their lives to a neighborhood or community park. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 7 th day of May, A.D. 2019. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 11 PROCLAMATION 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 2019, 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; and WHEREAS, the Fort Collins Historic Preservation Division is recognized as a leader both nationally and regionally for its innovative and interdisciplinary approach to preservation of historic resources. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim the month of May 2019 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 7 th day of May, A.D. 2019. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 12 PROCLAMATION WHEREAS, Fort Collins Museum of Discovery is an interactive and immersive museum, dedicated to creating meaningful opportunities to learn, reflect, and have fun through hands-on and collections-based explorations in science, history, and culture; and WHEREAS, over 120,000 annual visitors experience Northern Colorado’s most innovative museum, featuring the OtterBox Digital Dome Theater, the Woodward Special Exhibition Gallery, the local history Archive and Collections, experiential programming, and fascinating exhibits that explore music, biodiversity, regional culture, and more; and WHEREAS, Fort Collins Museum of Discovery has achieved accreditation by the American Alliance of Museums, the highest national recognition afforded the nation’s museums; and WHEREAS, Alliance Accreditation brings national recognition to a museum for its commitment to excellence, accountability, high professional standards and continued institutional improvement. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim May 2019 as FORT COLLINS MUSEUM OF DISCOVERY MONTH in the city of Fort Collins. IN WITNESS WHEROF, I have hereunto set my hand and the seal of the City of Fort Collins this 7 th day of May, A.D. 2019. ____________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 13 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY May 7, 2019 City Council STAFF Delynn Coldiron, City Clerk SUBJECT Consideration and Approval of the Minutes from the March 5, March 19 and April 16, 2019 Regular Council Meetings, the March 26, 2019 Adjourned Council Meeting and the April 23, 2019 Special Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the March 5, March 19, and April 16, 2019 Regular Council meetings, the March 26, 2019 Adjourned Council meeting and the April 23, 2019 Special Council meeting.. ATTACHMENTS 1. March 5, 2019 (PDF) 2. March 19, 2019 (PDF) 3. March 26, 2019 (PDF) 4. April 16, 2019 (PDF) 5. April 23, 2019 (PDF) 1 Packet Pg. 14 City of Fort Collins Page 68 March 5, 2019 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry recommended Item No. 6, Items Relating to Appropriations for the I- 25/Prospect Interchange and Police Regional Training Campus, be placed following Item No. 15 and Item No. 14, Resolution 2019-034 Establishing an Ad Hoc Committee to Review Total Compensation for City Council Employees, be moved to the end of the published agenda. Additionally, he noted Item No. 17, Items Relating to Electrical Assisted Bicycles, was amended to add an option B to the ordinance, and Item No. 18, Items Relating to Solid Waste Programming and Infrastructure Improvements, was withdrawn to allow for additional public input. • PUBLIC COMMENT Mark Glorioso, Gallegos Sanitation CEO, thanked Council for delaying the final discussion and vote on the construction and demolition facility and flow control issue. Eric Sutherland discussed residential subdivisions being constructed without City broadband infrastructure and stated the massive debt incurred for the broadband project needs a full-time Council to manage it. Sid Doering, Gallegos Sanitation, thanked Council for delaying the final discussion on the construction and demolition facility. He stated Gallegos is concerned about the location of the transfer station and resulting truck routes. Carrie Kepler, Gallegos Sanitation, expressed concern about the effects of the proposed flow to the new landfill facility. Braden Carey urged Council to take action to protect the public health of all Fort Collins residents by acting to stop the rollbacks of mercury standards suggested by the Trump administration. Dr. Rob Colbert discussed the non-emergency dispatch number to be used for individuals who could potentially be in a crisis state. He discussed the case of Susan Holmes' son and stated de- escalation training for officers must be more prevalent. Adriana Gomez urged Council to take action to protect the public health of all Fort Collins residents by acting to stop the rollbacks of mercury standards suggested by the Trump administration. Morgan Brown urged Council to take action to protect the public health of all Fort Collins residents by acting to stop the rollbacks of mercury standards suggested by the Trump administration. She discussed negative effects of mercury exposure on babies in utero. 1.1 Packet Pg. 15 Attachment: March 5, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 5, 2019 City of Fort Collins Page 69 Jorune Klisanskaite urged Council to take action to protect the public health of all Fort Collins residents by acting to stop the rollbacks of mercury standards suggested by the Trump administration. • PUBLIC COMMENT FOLLOW-UP Mayor Troxell summarized the citizen comments and noted a meeting will be scheduled with the policy committee for the wasteshed analysis. Councilmember Cunniff stated he requested information regarding the mercury issue and Council received a response which mentioned Platte River Power Authority's strict compliance and intention to stay with that regardless of EPA regulation changes. He suggested having a discussion at Legislative Review Committee. Mayor Pro Tem Horak noted PRPA added voluntary mercury controls prior to the federal government requirements. Councilmember Summers thanked the speakers who commented on the mercury issue. Councilmember Martinez requested a response to Dr. Colbert regarding police training and expressed appreciation for the Gallegos employees who spoke. Councilmember Cunniff requested a follow-up memo regarding the public process about the new landfill and construction and demolition facility. Councilmember Summers requested attention be paid to the concerns mentioned by Mr. Sutherland. Mayor Pro Tem Horak suggested a staff report regarding Connexion be part of an upcoming meeting. • CONSENT CALENDAR Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak 1. Consideration and Approval of the Minutes from the February 5, 2019 Regular Council Meeting and the February 12, 2019 Adjourned Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the February 5, 2019 Regular Council meeting and the February 12, 2019 Work Session and Adjourned Council meetings. 1.1 Packet Pg. 16 Attachment: March 5, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 5, 2019 City of Fort Collins Page 70 2. Second Reading of Ordinance No. 022, 2019, Appropriating Unanticipated Grant Revenue from the Federal Transit Administration (FTA) in the Transit Services Fund and Appropriating Prior Year Reserves in the Transit Services Fund and Authorizing the Transfer of Appropriations from the Transit Services Fund to the Capital Project Fund for the Accessible Infrastructure Enhancement 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 February 19, 2019, appropriates unanticipated grant revenue awarded by the Federal Transit Administration (FTA) to upgrade bus stops throughout the Transfort service area. This infrastructure enhancement project will use FTA grant funds in the amount of $1,520,344 with a local match of $380,086 derived from Community Capital Improvement Program (CCIP) funds. This project will repair or replace concrete pads at bus stops and purchase amenities, such as shelters, over the next two to three years. 3. Second Reading of Ordinance No. 023, 2019, Appropriating Unanticipated Grant Revenue in the General Fund to Purchase Electric Lawn and Garden Equipment for the Parks Department and Authorizing the Transfer of Previously Appropriated Funds in the Environmental Services Department Operating Budget. (Adopted) This Ordinance, unanimously adopted on First Reading on February 19, 2019, appropriates unanticipated grant revenue in the amount of $19,998 in the General Fund for the purchase of electric commercial lawn and garden equipment for municipal operations. The grant is provided by the Regional Air Quality Council (RAQC) and directly supports local efforts to reduce ozone causing pollutants from gas and diesel powered equipment. A local match of $34,616 is required. Lawn and garden equipment purchases appropriated and expended in 2018 are eligible to be applied towards matching funds ($14,616), and the remaining $20,000 is appropriated and unexpended in the 2019 Environmental Services operating budget. 4. Items Relating to Non-Exclusive Utility Easement Agreements with Colorado State University and Colorado State University Research Foundation. (Adopted) A. Second Reading of Ordinance No. 024, 2019, Approving a Non-Exclusive Utility Easement Agreement for City Storm Sewer Lines on Colorado State University Property, Including Vacation of Easements Granted in 1966 Right-of-Way Agreement. B. Second Reading of Ordinance No. 025, 2019, Approving a Non-Exclusive Utility Easement Agreement for City Storm Sewer Lines on Colorado State University Research Foundation Property, Including Vacation of Easements Granted in 1966 Right-of-Way Agreement. These Ordinances, unanimously adopted on First Reading on February 19, 2019, vacate a 1966 storm sewer easement on Colorado State University’s (CSU) Main Campus, portions of which are now owned by the Colorado State Research Foundation (CSURF), and approve a new Utility Easement Agreement in its place. The existing storm sewer main is generally not located in the center of the existing right-of-way and in some places is not within the right-of-way at all. These Ordinances will abandon the 1966 right-of-way and replace it with a new easement that is centered on the existing storm sewer main. 5. Second Reading of Ordinance No. 026, 2019, Authorizing the Purchasing Agent to Enter into Contracts for Services, Professional Services and/or Construction in Excess of Five Years for the Proposed Enlargement of Halligan Reservoir. (Adopted) This Ordinance, unanimously adopted on First Reading on February 19, 2019, authorizes the Purchasing Agent, pursuant to City Code Section 8-186(a), to enter into contracts greater than five years in length for services, professional services, and/or construction of the proposed enlargement of Halligan Reservoir. Contracts authorized under the proposed ordinance could be extended up to the life of the project. Preliminary design of an enlarged Halligan Reservoir will likely begin in late 2019, and construction could begin four years later. Construction is anticipated to last approximately two years. Under this scenario and without this proposed ordinance, the design contract would expire 1.1 Packet Pg. 17 Attachment: March 5, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 5, 2019 City of Fort Collins Page 71 while the Halligan Reservoir enlargement is under construction, a situation that would result in logistical, and cost ramifications for the City and the project. 6. Items Relating to Revisions to Municipal Code Chapter 14 (Landmark Preservation) and to Land Use Code Section 3.4.7 (Historic and Cultural Resources). (Adopted) A. Second Reading of Ordinance No. 034, 2019, Amending Chapter 14 of the Code of the City of Fort Collins Regarding Landmark Preservation. B. Second Reading of Ordinance No. 035, 2019, Amending Land Use Code Sections 3.4.7 and 5.1.2 Pertaining to Historic and Cultural Resources. These Ordinances, unanimously adopted on First Reading on February 19, 2019, amend City Code and Land Use Code to implement recommendations for improvements to codes that apply to historic buildings, sites, structures or objects (“historic resources”). These revisions are a result of the 2017- 2018 Historic Preservation Codes and Processes Review. The objectives of this review were to provide greater clarity and predictability in all regulations governing historic resources and to improve standards for reviewing the design compatibility of new construction with historic resources. 7. First Reading of Ordinance No. 036, 2019, Reappropriating Funds Previously Appropriated in 2018 But Not Expended and Not Encumbered in 2018. (Adopted) The purpose of this item is to reappropriate monies in 2019 that were previously authorized by City Council for various expenditures in 2018 for various purposes. The authorized expenditures were not spent or could not be encumbered in 2018 because: • there was not sufficient time to complete bidding in 2018 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 2018 and reappropriation of those dollars is necessary for completion of the project in 2019, or • to carry on programs, services, and facility improvements in 2019 with unspent dollars previously appropriated in 2018 In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund balances at the end of 2018 and reflect no change in Council policies. 8. First Reading of Ordinance No. 037, 2019, Making Amendments to the Land Use Code Planned Unit Development Regulations. (Adopted) The purpose of this item is to adopt changes to the Land Use Code Planned Unit Development (PUD) regulations to clarify the vested rights process and who is eligible to seek an amendment to an approved PUD Master Plan. 9. First Reading of Ordinance No, 038, 2019, Authorizing the Mayor to Execute the First Amendment to the Intergovernmental Agreement for Water Treatment Service Capacity Between the City of Fort Collins, Colorado, and the Fort Collins-Loveland Water District. (Adopted) The purpose of this item is to amend the existing agreement signed in 2013 (the “2013 Agreement”) between the City and the Fort Collins–Loveland Water District (FCLWD) concerning FCLWD’s acquisition of 5 million gallons per day (MGD) of water treatment capacity at the City’s Water Treatment Facility. The proposed amendment to the 2013 Agreement will allow for FCLWD to make an early payment of the entire outstanding principal associated with the financing of the Plant Investment Fee (PIF). 1.1 Packet Pg. 18 Attachment: March 5, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 5, 2019 City of Fort Collins Page 72 The City, FCLWD, and their respective enterprises were all parties to the 2013 Agreement. The amendment thus likewise must be approved by both City Council and the City of Fort Collins Water Utility Enterprise Board. The FCLWD Board and the FCLWD Enterprise Board approved the proposed amendment on Tuesday, February 19, 2019. 10. First Reading of Ordinance No. 039, 2019, Authorizing the Sale of Seven Water Taps and One Sewer Tap Owned by the City's Natural Areas Department. (Adopted) The purpose of this item is to seek Council approval to sell seven water taps and one sewer tap. The taps were acquired with various parcels purchased by the City’s Natural Areas Department over the last decade or so. The Department has no use for the taps and recommends selling them and using the proceeds for land conservation. Additionally, the taps have monthly fees costing the Department approximately $1,425 per year. The Department checked with the Affordable Housing Land Bank to ascertain its interest prior to placing the taps on the market. The Affordable Housing Land Bank does not have a use for the taps at this time. 11. Resolution 2019-031 Setting for April 16, 2019, a Noticed Public Hearing for the City Council's Consideration of a Resolution to Approve the Drake & College Urban Renewal Plan and the Authorization of the Use of Eminent Domain to Acquire Property Within the Drake & College Urban Renewal Plan Area. (Adopted) The purpose of this item is to discuss setting the public hearing for April 16, 2019, for adoption of an Urban Renewal Plan area at the vicinity of Drake Road and College Avenue and to authorize the Urban Renewal Authority’s future exercise of eminent domain if needed under the Plan. Project improvements funded by the Urban Renewal Authority (URA) will be used to remedy blight findings, finance developer gaps and support area improvements as outlined in the agreements with each taxing body. The Urban Renewal Plan Area must be formally adopted by City Council before the URA can provide any financial support. Setting the public hearing is the first step towards formal City Council adoption of the Urban Renewal Plan Area. 12. Resolution 2019-032 Making Appointments to the Building Review Board, Downtown Development Authority, and the Natural Resources Advisory Board of the City of Fort Collins. (Adopted) The purpose of this item is to appoint individuals to fill vacancies that currently exist on the Building Review Board, the Downtown Development Authority and the Natural Resources Advisory Board. During the annual fall recruitment, a vacancy remained on the Building Review Board. The vacancy on the Downtown Development Authority is due to the death of Justin Larson. The vacancy on the Natural Resources Board is due to the resignation of Ling Wang. • END CONSENT • STAFF REPORTS Report On Credit Rating. Mike Beckstead, Chief Financial Officer, discussed credit reviews of governments and corporations, noting they are done based on qualitative and quantitative information. Moody's has recently given Fort Collins a AAA rating, which is in the top 3-4% of municipalities rated by Moody's. The City's debt issuance rating, which cannot be equal to or greater than the issuer rating, was rated at AA-. 1.1 Packet Pg. 19 Attachment: March 5, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 5, 2019 City of Fort Collins Page 73 • COUNCILMEMBER REPORTS Councilmember Cunniff reported on the groundbreaking for the Connexion broadband utility. Councilmember Martinez reported on Poudre Fire Authority's Mike Gavin's retirement party and the Mayor's Summit on Entrepreneurship presentation. Councilmember Stephens reported on the Behavioral Health Summit. Councilmember Gutowsky reported on the Connexion groundbreaking and the Mayor's Entrepreneur Summit. • DISCUSSION ITEMS 14. Consideration of Two Appeals of the Administrative Hearing Officer Decision to Approve the Hansen Farm Project Development Plan PDP170036. (Hearing Officer Decision Upheld) The purpose of this item is to consider two appeals of the December 13, 2018, Administrative Hearing Officer decision to approve the Hansen Farm Project Development Plan, PDP170036 (the “Decision”). On December 20, 2018, an appeal by Thomas Barlow was filed challenging the Decision (Appeal No. 1). On December 27, 2018, a second appeal by Christopher McElroy was filed challenging the Decision (Appeal No. 2). Appeal No. 1 - Thomas Barlow Appeal No. 1 includes the following ground for appeal: Failure to properly interpret and apply relevant provisions of the Land Use Code, more specifically: • Failure to properly interpret and apply Policy FC-LUF-5 of the Fossil Creek Reservoir Area Plan (“FCR Area Plan”), as adopted under Resolution 98-54 and amended by the Fort Collins City Council. Appeal No. 2 - Christopher McElroy Appeal No. 2 includes the following grounds for appeal: 1. The Hearing Officer failed to conduct a fair hearing, in that: • The Hearing Officer considered evidence relevant to its findings, which was substantially false or grossly misleading. 2. Failure to properly interpret and apply relevant provisions of the Land Use Code, more specifically: • Failure to properly interpret and apply Policy FC-LUF-5 of the FCR Area Plan, as adopted under Resolution 98-54 and amended by the Fort Collins City Council. It is noted that the Applicant is represented by Carolynne White and her law firm, Brownstein Hyatt Farber and Schreck (BHFS). BHFS and Ms. White are also Council to the Fort Collins Urban Renewal Authority and its Board, which includes all seven members of the City Council and two additional members. Mayor Troxell outlined the hearing process. 1.1 Packet Pg. 20 Attachment: March 5, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 5, 2019 City of Fort Collins Page 74 Councilmember Summers stated he has filed a conflict of interest on this item as his house is in close proximity to the new development. Mayor Troxell noted Carolynne White and her firm, Brownstein, Hyatt, Farber and Shreck, are representing the applicant in these appeals. Ms. White also represents the Fort Collins Urban Renewal Authority; however, Mayor Troxell stated her participation in this proceeding does not create any bias. Councilmember Cunniff stated that, while he is not happy about the situation, he does not feel it impacts his ability to be objective in this matter and consider the appeal strictly on its merits. City Attorney Daggett stated this item is a hearing of two appeals filed by parties-in-interest seeking Council review of an administrative hearing officer decision that approved the project development plan for Hansen Farm under the Land Use Code. She outlined the grounds of appeal for both appeals. Chris McElroy identified himself as an appellant. Tom Barlow identified himself as an appellant. Carolynne White identified herself as counsel representing the applicant and introduced Jeff Mark, principal of the applicant's entity. Mayor Troxell stated he is consolidating both appeals for this hearing and outlined the time allocation for each party. Tom Leeson, Community Development and Neighborhood Services Director, discussed the location of the project, noting it is the first phase of a multi-phase project. As approved, the low- density, mixed-use project contains 178 single-family units and associated infrastructure with primary access from South Timberline. Leeson discussed the appeal allegations and noted the project complies with the LMN zoning standards and applicable general development standards in the Land Use Code and is consistent with the related policies in the Fossil Creek Area Plan and City Plan. Mr. McElroy stated he has concerns with Ms. White's representation but noted it has been addressed by Council. Mr. Barlow stated Ms. White has attorney/client privilege with Council as well as with the applicant. City Attorney Daggett clarified the Urban Renewal Authority, which is represented by Ms. White, is a separate governmental body from the City of Fort Collins and Councilmembers would not have had any dialogue with Ms. White regarding this matter. Ms. White stated she consulted with ethics and conflicts counsel prior to undertaking this representation and confirmed the analysis that because the URA is a separate legal entity from the City, there is no legal conflict. Additionally, she has not had any conversations in public or private about this project with any members of Council. 1.1 Packet Pg. 21 Attachment: March 5, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 5, 2019 City of Fort Collins Page 75 Mayor Troxell discussed the policy relating to the admittance of new evidence and noted Mr. McElroy submitted new evidence to the City Clerk related to his fair hearing allegation. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to allow the new evidence in order to ensure Council has as much information as possible. Ms. White stated she would not object to the inclusion of the new evidence, but she would like to ensure the new evidence is not being offered in support of a new basis for appeal and requested the Willow Springs site plan be acknowledged as the official record of measurements rather than the Google Earth measurements provided by the appellants. Mr. McElroy noted their measurements were provided partially by engineers. The vote on the motion was as follows: Yeas: Horak, Troxell, Cunniff, Gutowsky, Stephens and Martinez. Nays: none. THE MOTION CARRIED. (Secretary's Note: The Council took a brief recess at this point in the meeting.) Mr. Barlow stated he has marked the areas on the Willow Springs site plan that have been replatted subsequent to the site plan dates. Ms. White offered no objection to the inclusion of this information. Mr. McElroy objected to Ms. White being counsel for the developer. APPELLANT PRESENTATION Mr. McElroy stated his intention is not to stop this development, but rather to ensure its compliance with appropriate Codes. He requested Council send the PDP back for further review given the abrupt transition between Willow Springs and the proposed project. One of his points of contention with the Hansen Farms development is the claim by City staff that the Land Use Code overrides everything from the Fossil Creek Area Plan. Mr. McElroy noted the hearing officer had eight comments and questions about compatibility in the verbatim transcript; however, none of those were mentioned in the staff summary. Mr. Barlow stated the focus of his appeal is the Fossil Creek Area Plan section relating to a new development complimenting the established patterns of buildings and outdoor spaces along the edge of the existing development with no drastic and abrupt increase in the size of buildings or intensity of building coverage. He also noted if the provisions of the Land Use Code conflict with any other resolution, the more specific standard, limitation, or requirement shall govern or prevail to the extent of the conflict; therefore, the provisions of the Fossil Creek Area Plan should take priority as they are more specific. Mr. Barlow stated Mr. Wray acknowledges in his comments that the Fossil Creek Area Plan is more specific policy direction and continues to state the Land Use Code provides the regulatory basis for plan compliance; however, he failed to acknowledge the Land Use Code calls for the more specific regulations to apply. 1.1 Packet Pg. 22 Attachment: March 5, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 5, 2019 City of Fort Collins Page 76 Mr. Barlow noted the hearing officer stated she finds it impossible to know whether the building sizes and coverages are compatible because they have yet to be submitted to the City. He requested Council reverse the hearing officer's decision and remand it for further review. APPLICANT PRESENTATION Ms. White requested Council deny the appeals and uphold the hearing officer's decision. She stated the PDP conforms with the Fossil Creek Area Plan, the hearing officer did not grant too much authority to staff, and the applicant provided accurate and appropriate information during the approval process. She noted the approval contains conditions requiring staff to address whether the next stages are in conformance with the Fossil Creek Area Plan. Ms. White described the project and noted it contains 10 acres of natural habitat buffer with extensive landscaping and open space. She stated the projects should be compared as a whole and not simply based only on the edges and noted the Land Use Code does not require specific home size information at the PDP stage. Ms. White discussed the similarities of Willow Springs and the proposed Hansen Farms development noting compatibility does not mean “the same as” and discussed the development of the site plan to place higher densities away from the Willow Springs site in response to residents’ concerns. Ms. White stated the appellants have not met their burden in demonstrating that the hearing officer acted improperly and requested Council uphold the hearing officer's decision and allow the Hansen Farms project to proceed to the next step in the process, at which it will be determined whether or not compatibility exists based on those additional conditions imposed by the hearing officer. APPELLANT REBUTTAL Mr. McElroy stated the vicinity maps provided by Ms. White were incorrect. Mr. Barlow stated the project should not only be required to meet the Land Use Code, but the Fossil Creek Area Plan in addition, and any conflict between the two should be resolved by applying the Area Plan. He stated a wall of homes is being created by the development and Willow Springs does not want a wall on its border. APPLICANT REBUTTAL Ms. White clarified the definition of density noting it is calculated on a per acre basis throughout the entire project. She stated the development complies with the Code and the hearing officer's decision should be upheld. (Secretary's Note: The Council took a brief recess at this point in the meeting.) COUNCIL DISCUSSION Councilmember Cunniff noted the PDP is part of an overall set of development steps and asked for a summary of those steps. Leeson replied projects of this magnitude go through a project development plan, which is a land use approval process involving a complete review by staff of certain required documents for compatibility with City Plan and the Land Use Code. Staff then 1.1 Packet Pg. 23 Attachment: March 5, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 5, 2019 City of Fort Collins Page 77 makes a recommendation to the decision maker. If approved by the decision maker, the applicant would submit a final development plan which is much more technical and detailed and is approved administratively with no appeal process. The next step would be review of building permits for individual lots, which are also reviewed administratively for compliance with zoning and setback standards. Councilmember Cunniff asked when the condition regarding compatibility with the Fossil Creek Area Plan would be considered. Leeson replied it would be considered at the time of the final development plan during which the subdivision would be reviewed for consistency with the zoning. Councilmember Cunniff asked how long the area has been zoned LMN. Pete Wray, Senior Planner, replied the Hansen Farm property was annexed in 2013 and zoned a combination of LMN, MMN, and Neighborhood Commercial. Councilmember Cunniff asked if it would be highly unlikely any new development would be zoned RL. Leeson replied in the affirmative. Councilmember Martinez requested clarification as to who makes the recommendation to the decision maker. Leeson replied it is a collective process of many City staff who review a project relative to underlying standards. Leeson stated a resulting staff report is written by a planner, reviewed by the development review manager and himself, and forwarded to the decision maker. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, that the Hearing Officer conducted a fair hearing in her consideration of the Hansen Farm PDP #170036 and did not consider evidence relevant to her decision that was substantially false or grossly misleading, and further, that based on the evidence in the record and presented at this hearing, the allegation in the McElroy appeal that the officer did not conduct a fair hearing is thereby found to be without merit and is denied. Councilmember Cunniff stated he would support the motion as he did not see any indication that the information that was considered was outside the bounds of what was necessary to make the decision. Councilmember Stephens stated the zoning allows for what has been proposed and there was adequate public input to which the developer responded. RESULT: HEARING OFFICER CONDUCTED A FAIR HEARING [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Gutowsky, Troxell, Cunniff, Horak RECUSED: Summers Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to uphold the decision of the hearing officer approving the Hansen Farm PDP#170036 as she properly interpreted and applied the relevant provisions of the Land Use Code cited in the appeal notice, and further, that based on the evidence in the record and presented at this hearing, the combined appeal is thereby found to be without merit and is denied. 1.1 Packet Pg. 24 Attachment: March 5, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 5, 2019 City of Fort Collins Page 78 Councilmember Cunniff stated the 2013 zoning decision is key, and though he can sympathize with the appellants, the land was annexed and zoned LMN; therefore, the developer is required to meet a certain density. RESULT: HEARING OFFICER DECISION UPHELD [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Gutowsky, Troxell, Cunniff, Horak RECUSED: Summers 15. Items Relating to Appropriations for the I-25/Prospect Interchange and Police Regional Training Campus. (Adopted as Amended on Second Reading) A. Second Reading of Ordinance No. 030, 2019, Appropriating Unanticipated Revenue in the General Fund for the I-25/Prospect Interchange and Authorizing the Transfer of Appropriations from the General Fund to the Capital Projects Fund, and Appropriating Prior Year Reserves in the Transportation Capital Expansion Fund for the I-25 and Prospect Interchange and Authorizing the Transfer of Appropriations from the Transportation Capital Expansion Fund to the Capital Projects Fund, and Authorizing the Transfer of Appropriations from the Capital Projects Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program. B. Second Reading of Ordinance No. 031, 2019, Appropriating Unanticipated Revenue in the General Fund for the Police Regional Training Campus and Authorizing the Transfer of Appropriations from the General Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program. These Ordinances, unanimously adopted on First Reading on February 19, 2019, appropriate the lease financing proceeds received from the Certificates of Participation for the I-25/Prospect Interchange and Police Regional Training Campus, respectively. Travis Storin, Accounting Director, stated there has been a staff-recommended increase in the appropriation of $103,600, which results in a lower overall borrowing cost for the City. City Attorney read the resulting changes of both ordinances. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance No. 030, 2019 as amended, on Second Reading. Councilmember Cunniff stated the change makes sense financially. RESULT: ORDINANCE NO. 030, 2019, ADOPTED AS AMENDED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance No. 031, 2019 as amended, on Second Reading. 1.1 Packet Pg. 25 Attachment: March 5, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 5, 2019 City of Fort Collins Page 79 RESULT: ORDINANCE NO. 031, 2019, ADOPTED AS AMENDED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak 16. Items Relating to Outdoor Residential Wood Burning. (Adopted as Amended on First Reading) A. First Reading of Ordinance No. 042, 2019, Amending Chapter 20 of the Code of the City of Fort Collins Pertaining to Nuisances. B. First Reading of Ordinance No. 043, 2019, Appropriating Prior Year Reserves in the General Fund to Increase Staffing for Outdoor Residential Wood Burning Program Support. The purpose of this item is to modify the current air pollution nuisance Code provision to make it more enforceable for smoke impacts from outdoor residential wood fires. Changes proposed include decriminalization, a midnight curfew and a property line setback for outdoor wood burning. Additionally, resources in the form of an 0.25 FTE increase, are being requested to support education, outreach and compliance with the code. Jeff Mihelich, Deputy City Manager, stated staff is recommending the adoption of ordinances to address outdoor residential burning. Ordinance No. 042, 2019, provides much more specificity in the Code that will allow enforcement of outdoor residential burning and Ordinance No. 043, 2019, allows for the enactment of a very aggressive pilot program with a heavy emphasis on education. Cassie Archuleta, Environmental Sustainability Manager, discussed the public engagement efforts and noted smoke is particle pollution, which is an air quality and nuisance concern. The current air pollution nuisance code speaks to smoke, comfort, health, and enjoyment of property; however, it is difficult to enforce. Proposed updates that would help with enforcement include decriminalizing the offense which lowers the burden of proof and operational requirements such as a midnight curfew and 15-foot property line setback. Archuleta discussed the proposed educational aspects and providing resources to help facilitate neighbor-to-neighbor conversations. The first year will be used as a pilot for evaluation. The Air Quality Advisory Board and Natural Resources Advisory Board both supported the proposed changes but asked staff to consider air quality advisory day bans. Adam Eggleston expressed concern this ordinance would not be enforceable. Margit Henstchel thanked staff for working on this issue. She stated her preference would be a ban on outdoor burning, but suggested a 9 PM curfew at the latest, a complaint response and enforcement that is appropriately staffed across nights and weekends, and to not use a counting of the number of complaints, but rather science, to measure the issue. Michelle Haefele stated the ordinance, as proposed, still prioritizes the recreational activity over health concerns. She stated nighttime enforcement should occur, the 15-foot setback will not address smoke, and agreed an earlier curfew would be preferable. She also suggested particulates rather than complaints should be measured and opposed a permit system. Aaron Fodge stated residential wood smoke code enforcement should protect all neighbors and their right to breath clean air on their property. He encouraged a stronger ordinance. 1.1 Packet Pg. 26 Attachment: March 5, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 5, 2019 City of Fort Collins Page 80 Mike Knowles questioned the ability of the City to enforce this ordinance if staff is not available to actually witness a violation of the ordinance. Councilmember Martinez asked how staff arrived at the midnight curfew. Mihelich replied staff felt that was a reasonable standard knowing Council would want to have additional conversations on the issue. Councilmember Stephens asked what time the City's noise ordinance begins. Jody Hurst, Assistant City Attorney, replied there is no specific time and the noise ordinance is enforced based on the time of day; however, there are certain zones where construction and decibel-related noises are time limited. Councilmember Cunniff asked about the origin of the 15-foot setback. Mihelich replied that is consistent with the fire code for setbacks from combustibles. Councilmember Cunniff asked about high pollution advisory days in the summer. Archuleta replied staff is unaware of any community with a fire pit ban on summer high pollution advisory days. Councilmember Cunniff requested a cost estimate for night and weekend code compliance staff prior to Second Reading. City Manager Atteberry replied he would provide the information; however, there is an argument to be made that this type of enforcement is not appropriate for a code compliance officer. Councilmember Gutowsky stated citizens are concerned about being able to open their windows in the evening and stated a 9 PM curfew would provide a good compromise to address that issue and supported the idea of a co-responding team of a code enforcement officer and police officer. Councilmember Gutowsky suggested the education component should include information as to what materials are appropriate to burn. Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Horak, to adopt Ordinance No. 042, 2019, on First Reading, as amended to change references from City staff to City Council, to change the curfew hours to 9 PM through 7AM, and to change the setback to 25 feet rather than 15 feet. Councilmember Martinez asked how staff will ensure a ticket is issued to the proper resident. City Attorney Daggett replied that will be examined prior to Second Reading; however, staff does not want to defeat the purpose of the ordinance by making it unintentionally more difficult to enforce. Councilmember Martinez stated he did not support the 9 PM curfew, but could support 10 PM. Councilmember Cunniff replied that would allow windows to be opened earlier for residents without air conditioning allowing for better sleep. Councilmember Martinez made a motion to amend, seconded by Councilmember Stephens, to change the curfew time to 10 PM. Mayor Pro Tem Horak stated he would support the amendment noting a great deal of data will be collected over the next year. 1.1 Packet Pg. 27 Attachment: March 5, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 5, 2019 City of Fort Collins Page 81 Councilmember Stephens stated she has heard from a number of residents who do not want any regulations; therefore, compromise and communication among neighbors are key components. The vote on the motion to amend was as follows: Yeas: Summers, Martinez, Horak, Troxell, Gutowsky and Stephens. Nays: Cunniff. THE MOTION CARRIED. Councilmember Stephens encouraged concentrating education efforts on CSU off-campus housing. Mayor Pro Tem Horak encouraged concentrating education efforts on Neighborhood Night Out and the CSU campus welcome events. RESULT: ORDINANCE NO. 042, 2019, ADOPTED AS AMENDED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Gerry Horak, District 6 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak Councilmember Cunniff made a motion, seconded by Councilmember Summers, to adopt Ordinance No. 043, 2019, on first reading, as amended to change references from City staff to City Council. RESULT: ORDINANCE NO. 043, 2019, ADOPTED AS AMENDED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Ken Summers, District 3 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak • Motion to Extend the Meeting Councilmember Cunniff made a motion, seconded by Councilmember Gutowsky, to suspend the rules to extend the meeting past 10:30 to consider the remaining agenda items. Mayor Pro Tem Horak requested information as to which items do not need to be considered this evening. City Manager Atteberry replied Item No. 21, Second Reading of Ordinance No. 032, 2019, Amending Article IV of Chapter 3 of the Code of the City of Fort Collins to Create Entertainment District No. 1, is the most time-sensitive issue. Mayor Pro Tem Horak supported addressing Item Nos. 19-21. Councilmembers Cunniff and Gutowsky accepted that amendment to the motion. 1.1 Packet Pg. 28 Attachment: March 5, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 5, 2019 City of Fort Collins Page 82 RESULT: ADOPTED [6 TO 1] MOVER: Ross Cunniff, District 5 SECONDER: Susan Gutowsky, Councilmember AYES: Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak NAYS: Martinez RESULT: WITHDRAWN 19. Second Reading of Ordinance No. 027, 2019, Designating the Farrington Property, 322 Edwards Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted on Second Reading) This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. This Ordinance, adopted on First Reading by a vote of 6-0 (Stephens recused) designates the Farrington Property, 322 Edwards Street, as a Fort Collins Landmark for its Classic Cottage architecture. This is a voluntary designation at the property owner’s request. The Landmark Preservation Commission unanimously recommends approving this landmark designation. Councilmember Stephens withdrew from the discussion of this item due to a conflict of interest. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 027, 2019, on Second Reading. RESULT: ORDINANCE NO. 027, 2019, ADOPTED ON SECOND READING [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Summers, Gutowsky, Troxell, Cunniff, Horak RECUSED: Stephens 20. Items Relating to Regulating Electric Scooters and Other Shared and/or Portable Mobility Devices. (Postponed to March 19, 2019) A. Second Reading of Ordinance No, 028, 2019, Amending Chapter 24 of the Code of the City of Fort Collins to Add a New Article VI Related to the Parking of Shared Mobility Devices. B. Second Reading of Ordinance No. 029, 2019, Amending Sections 1410 and 2106 of the Fort Collins Traffic Code to Allow for Signage Designating an Area in the City as a “Dismount Zone” for Any Form of Conveyance. Ordinance No. 028, 2019, adopted on First Reading on February 19, 2019 by a vote of 6-1 (nays: Summers) amends City Code relating to the regulation of electric scooters and other shared and/or portable mobility devices. Ordinance No. 029, 2019, unanimously adopted on First Reading on February 19, 2019, amends Traffic Code to allow for signage designating areas of the city as a dismount zone for all forms of conveyance, including e-scooters. Mayor Troxell asked if there is a way for scooter riders to alert pedestrians they are passing. Tessa Greegor, FC Moves, replied the providers could be alerted to the need for bells. Mayor Troxell suggested the RFP not consider revenue sharing as a criterion. Greegor replied staff is still working through development of a fee structure but revenue sharing can be removed if that is Council's preference. 1.1 Packet Pg. 29 Attachment: March 5, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 5, 2019 City of Fort Collins Page 83 Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 028, 2019, on Second Reading. Councilmember Martinez asked about prohibiting scooters from riding in crosswalks. Chris VanHall, Assistant City Attorney, replied the City has the power to make riders dismount at crosswalks if there is a traffic signal that directs that. Councilmember Martinez requested and received Council support to include a directive that all scooters must dismount at crosswalks. Councilmember Cunniff made a motion, seconded by Councilmember Martinez, to postpone consideration of Ordinance No. 028, 2019 to March 19 to allow staff time to return with information related to crosswalk dismounting. RESULT: ORDINANCE NO. 028, 2019, POSTPONED TO MARCH 19, 2019 [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Gerry Horak, District 6 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Horak, to postpone consideration of Ordinance No. 029, 2019 to March 19. RESULT: ORDINANCE NO. 029, 2019, POSTPONED TO MARCH 19 [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Gerry Horak, District 6 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak 21. Second Reading of Ordinance No. 032, 2019, Amending Article IV of Chapter 3 of the Code of the City of Fort Collins to Create Entertainment District No. 1. (Adopted on Second Reading) This Ordinance, adopted on First Reading on February 19, 2019 by a vote of 5-2 (Nays: Cunniff, Gutowsky) establishes Entertainment District No. 1, located along North College between Jefferson and Pine Street, and along Jefferson Street between College and Linden Street. An entertainment district is a defined area containing no more than 100 acres and at least 20,000 square feet of existing liquor licensed premises. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance No. 032, 2019, on Second Reading. Councilmember Gutowsky stated she now has the information she feels she needs to make an informed vote and that the Entertainment District appears to be well-planned and safe. She asked if there will be an opportunity for live music. Tyler Marr, Policy and Project Manager, replied music events are planned; however, the applicant does not intent to seek variances from the noise ordinance and will stop any music at 9 PM. 1.1 Packet Pg. 30 Attachment: March 5, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 5, 2019 City of Fort Collins Page 84 RESULT: ORDINANCE NO. 032, 2019, ADOPTED ON SECOND READING [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Horak NAYS: Cunniff • OTHER BUSINESS Councilmember Martinez requested and received Council support to reexamine the U+2 ordinance. Councilmember Cunniff stated he would not support that at this time and suggested the upcoming Council could take that on as part of its work plan. Mayor Pro Tem Horak agreed there is not time for this Council to fully examine the issue; however, data can begin to be collected. Councilmember Gutowsky requested and received Council support to examine updating the City's land use regulations to include a section on oil and gas, if it does not exist. Councilmember Cunniff stated the Legislative Review Committee needs to examine a recent senate bill which would give authorizing legislation for municipalities to do something along those lines. If it passes, the future Council would have some options to begin to tailor land use regulations. Mayor Pro Tem Horak noted Fort Collins has one operator and the main issue here is the air that comes from other places to here. • ADJOURNMENT The meeting adjourned at 11:07 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.1 Packet Pg. 31 Attachment: March 5, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) City of Fort Collins Page 85 March 19, 2019 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated Item No. 7, Items Relating to the Affordable Housing Board and the Community Development Block Grant Commission, has been withdrawn and the title of the Resolution for Item No. 14, Resolution 2019-035 Authorizing the City Manager to Execute an Intergovernmental Agreement Between the City and Poudre School District for the Nature in the City Program, has been amended. • PUBLIC COMMENT Melanie Potyondy, Women's Commission, thanked Councilmembers for their service and collaboration with the Women's Commission. Eric Sutherland stated there has been incompetence in the City's broadband effort and infrastructure should be installed in conjunction with new development. He suggested Council appoint a commission to oversee the process. William Montgomery discussed his arrest near the former Jefferson Park and stated he was on a sidewalk, not in the park. The wrong park boundary map was used. Pete Penoyer expressed support for Item No. 8, First Reading of Ordinance No. 050, 2019, Authorizing an Annual Water Allotment Management Program by Amending Section 26-129 of the Code of the City of Fort Collins to Authorize the Utilities Executive Director to Waive All or Part of the Excess Water Use Surcharge for Certain Qualifying Customers in Limited Circumstances. Dr. Rob Colbert discussed the officer-involved death of Jeremy Holmes. Mary Kemmer stated there is potential for Item No. 8, First Reading of Ordinance No. 050, 2019, Authorizing an Annual Water Allotment Management Program by Amending Section 26-129 of the Code of the City of Fort Collins to Authorize the Utilities Executive Director to Waive All or Part of the Excess Water Use Surcharge for Certain Qualifying Customers in Limited Circumstances to assist in water overages but some information as to the City's vision moving forward would be helpful. Kathleen Benedict, Poudre Heritage Alliance Executive Director, thanked the City for its support of the upcoming Poudre Pour event. Carl Wangsvick questioned whether barring City employees from participating in City elections violates First Amendment rights. 1.2 Packet Pg. 32 Attachment: March 19, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 19, 2019 City of Fort Collins Page 86 Ray Burgener discussed Burgener Trucking, a family-owned business, and opposed the proposed amendment to pay Council full-time salaries. William Cutcher thanked Council, fire and police officers for their service and discussed the proposed Keep Fort Collins Great tax extension. He encouraged Council to work at bringing higher paying jobs to the community. Susan Holmes stated she is running for the City Council District 2 seat on the platform of police reform. She discussed an ongoing lawsuit she has against CSU and stated there is a great deal of corruption in the city. • PUBLIC COMMENT FOLLOW-UP Mayor Troxell summarized the citizen comments. Councilmember Martinez requested staff address Mr. Wangsvick’s concerns and review the documents he referenced for conflicting information. City Attorney Daggett stated the City Charter has a prohibition on City employees and other entities directly or indirectly contributing to assisting in the election or defeat of any candidate. Additionally, there is a personnel policy that helps interpret this provision for employees. She noted there are First Amendment protections for political speech and activities; however, there are cases supporting the ability of employers to restrict those activities in order to protect the interests of the employer. City Manager Atteberry noted these restrictions are in place in order to ensure the highest level of credibility for municipal elections but are not meant to take away the rights of employees. Councilmember Cunniff noted the employer is not just the City of Fort Collins, but rather the citizens of Fort Collins. Mayor Troxell requested follow-up regarding the implementation of the water allotment management program. Liesel Hans, Water Conservation Manager, replied staff has been working on the roll-out of the program and has been pursuing grant funding to supplement the proposed funding. This year will be the application year, with waivers beginning next year for up to three years moving forward, depending on the proposed project. Mayor Pro Tem Horak asked if staff is working with large entities such as Columbine Health. Hans replied staff has worked with Columbine over the years. Abbye Neel, Water Conservation Specialist, stated she has communicated with a number of customers and, while the focus has been on HOAs, there are a number of businesses with large irrigated areas that have received the same outreach and information as the HOAs. Councilmember Martinez clarified the Keep Fort Collins Great tax measure is not an increase above existing taxes. Councilmember Stephens thanked Mr. Cutcher for his thoughtful comments. 1.2 Packet Pg. 33 Attachment: March 19, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 19, 2019 City of Fort Collins Page 87 • CONSENT CALENDAR Mayor Troxell noted Item Nos. 6, Public Hearing and First Reading of Ordinance No. 047, 2019, Amending Chapter 9 of the Code of the City of Fort Collins and Adopting by Reference the 2018 International Fire Code, with Amendments, and 13, First Reading of Ordinance No. 056, 2019, Designating the Newman Property, 1019 West Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins, include public hearings. Eric Sutherland withdrew Item Nos. 3, Second Reading of Ordinance No, 038, 2019, Authorizing the Mayor to Execute the First Amendment to the Intergovernmental Agreement for Water Treatment Service Capacity Between the City of Fort Collins, Colorado, and the Fort Collins- Loveland Water District, 9, First Reading of Ordinance No. 051, 2019, Amending Section 8-161 of the Code of the City of Fort Collins to Add an Exception to the Competitive Purchasing Process for Purchases of Video Content Licensing, and 11, Items Relating to Platte River Power Authority Organic and Power Supply Contracts, from the Consent Agenda. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak 1. Second Reading of Ordinance No. 036, 2019, Reappropriating Funds Previously Appropriated in 2018 But Not Expended and Not Encumbered in 2018. (Adopted) This Ordinance, unanimously adopted on First Reading on March 5, 2019, reappropriates monies in 2019 that were previously authorized by City Council for various expenditures in 2018 for various purposes. The authorized expenditures were not spent or could not be encumbered in 2018 because: • there was not sufficient time to complete bidding in 2018 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 2018 and reappropriation of those dollars is necessary for completion of the project in 2019, or • to carry on programs, services, and facility improvements in 2019 with unspent dollars previously appropriated in 2018 In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund balances at the end of 2018 and reflect no change in Council policies. 2. Second Reading of Ordinance No. 037, 2019, Making Amendments to the Land Use Code Planned Unit Development Regulations. (Adopted) This Ordinance, unanimously adopted on First Reading on March 5, 2019, amends the Land Use Code Planned Unit Development (PUD) regulations to clarify the vested rights process and who is eligible to seek an amendment to an approved PUD Master Plan. 1.2 Packet Pg. 34 Attachment: March 19, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 19, 2019 City of Fort Collins Page 88 3. Second Reading of Ordinance No. 039, 2019, Authorizing the Sale of Seven Water Taps and One Sewer Tap Owned by the City's Natural Areas Department. (Adopted) This Ordinance, unanimously adopted on First Reading on March 5, 2019, authorizes the sale of seven water taps and one sewer tap. The taps were acquired with various parcels purchased by the City’s Natural Areas Department over the last decade or so. The Department has no use for the taps and recommends selling them and using the proceeds for land conservation. Additionally, the taps have monthly fees costing the Department approximately $1,425 per year. The Department checked with the Affordable Housing Land Bank to ascertain its interest prior to placing the taps on the market. The Affordable Housing Land Bank does not have a use for the taps at this time. 4. First Reading of Ordinance No. 046, 2019, Appropriating Unanticipated Grant Revenue in the Light and Power Fund from Bloomberg Philanthropies for Capitalization of the EPIC Efficiency Loan Program. (Adopted) The purpose of this item is to appropriate $100,000 in grant award revenues from Bloomberg Philanthropies, as part of the Bloomberg Mayor’s Challenge, into the Fort Collins Utilities Light and Power fund for the purposes of continued capitalization of the EPIC Loan program. 5. Public Hearing and First Reading of Ordinance No. 047, 2019, Amending Chapter 9 of the Code of the City of Fort Collins and Adopting by Reference the 2018 International Fire Code, with Amendments. (Adopted) The purpose of this item is to adopt the 2018 International Fire Code (“IFC”), as amended. The International Code Council (“ICC”) publishes updated codes every three years. The Poudre Fire Authority Board of Directors has reviewed and approved the IFC and is requesting it be adopted as amended. Poudre Fire Authority (“PFA”) is responsible for the enforcement and administration of the IFC within the City. PFA routinely reviews new codes, proposes local amendments, and seeks adoption of the IFC changes by the City Council. The proposed amendments, developed in conjunction with the local Fire Code Review Committee, include several changes to the City Code. There were a few significant changes to the IFC, including provisions related to mobile food vendors, higher education laboratories, plant material processing and extraction (cannabis), mobile fueling service, energy systems and the retroactive installation of fire suppression systems in eating and drinking establishments with an occupant load in excess of 299. A proposed City Code amendment mandates at least one means of egress (stairs) be provided in buildings under construction that exceed one story in height. 6. Items Relating to the Affordable Housing Board and the Community Development Block Grant Commission. (Withdrawn) A. First Reading of Ordinance No. 048, 2019, Amending Chapter 2, Article III, Division 11 of the Code of the City of Fort Collins Regarding the Community Development Block Grant Commission. B. First Reading of Ordinance No. 049, 2019, Amending Chapter 2, Article III, Division 2 of the Code of the City of Fort Collins Regarding the Affordable Housing Board. The purpose of this item is to amend the Code of the City of Fort Collins to update the authorized duties, functions and name of the Community Development Block Grant (CDBG) Commission, as well as the membership requirements and authorized duties and functions of the Affordable Housing Board. These Code updates will specifically address the advisory roles of the CDBG Commission and Affordable Housing Board to include City staff and other entities. Additionally, the CDBG Commission would be renamed to the Social Investment Commission, and its authority to make funding recommendations would be modernized to include the diverse funding sources within its grant making purview. The Affordable Housing Board’s membership requirements would be amended to express a preference for having at least one member who lives or has lived in affordable housing. 1.2 Packet Pg. 35 Attachment: March 19, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 19, 2019 City of Fort Collins Page 89 7. First Reading of Ordinance No. 050, 2019, Authorizing an Annual Water Allotment Management Program by Amending Section 26-129 of the Code of the City of Fort Collins to Authorize the Utilities Executive Director to Waive All or Part of the Excess Water Use Surcharge for Certain Qualifying Customers in Limited Circumstances. (Adopted) The purpose of this item is to consider an Ordinance that gives discretion to the Utilities Executive Director to provide qualified customers a temporary waiver from Excess Water Use (EWU) surcharges for up to three years, provided the customer participates in the proposed Allotment Management Program (AMP) to implement a project that permanently reduces the customer’s water use by managing landscape water use to an existing allotment. The Ordinance and supporting program create a solution for a specific group of customers that were highly impacted by changes to the Water Supply Requirements (formally Raw Water Requirements) adopted in September 2017 and implemented in 2018. 8. First Reading of Ordinance No. 052, 2019, Amending Article I of Chapter 6 of the Code of the City of Fort Collins Regarding Cable Communications Systems. (Adopted) The purpose of this item is to amend the City Code provisions related to cable television franchises, which have not been modified since they were first adopted in 1978, to update them and make them consistent with the current language of the City Charter and applicable federal law. 9. First Reading of Ordinance No. 055, 2019, Authorizing the Conveyance of an Easement to Larimer County for Groundwater Monitoring Wells on Cathy Fromme Prairie Natural Area. (Adopted) The purpose of this item is to authorize conveyance of an easement to Larimer County for groundwater monitoring wells on Cathy Fromme Prairie Natural Area. In August 2018, the Natural Areas Department was approached by Larimer County Solid Waste at the direction of the Colorado Department of Public Health and Environment (CDPHE) regarding a 1,4-dioxane plume. The County requested a revocable permit from the Department to insert temporary groundwater test wells to determine the location and extent of the plume, which the City Manager granted on February 5, 2019. The new permanent monitoring wells are required for continued monitoring of the contaminant plume. 10. First Reading of Ordinance No. 056, 2019, Designating the Newman Property, 1019 West Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted) This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. The purpose of this item is to consider the request for landmark designation of the Newman Property, 1019 West Mountain Avenue, for its early twentieth-century vernacular architecture. This is a voluntary designation at the property owner’s request. The Landmark Preservation Commission unanimously recommends approving this landmark designation. 11. Resolution 2019-035 Authorizing the City Manager to Execute a Governmental Agreement Between the City and Poudre School District for the Nature in the City Program. (Adopted) The purpose of this item is to authorize the City of Fort Collins Nature in the City Program to enter into a governmental agreement with the Poudre School District. The Agreement sets the terms by which Poudre School District and The City of Fort Collins Nature in the City Program will collaborate to build outdoor educational program spaces, called Learning Habitats, at District schools. These Learning Habitats will provide engaging outdoor features that connect students to nature, create functional micro-habitat for local wildlife, increase academic achievement, and drive community engagement. 1.2 Packet Pg. 36 Attachment: March 19, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 19, 2019 City of Fort Collins Page 90 12. Resolution 2019-036 Naming the Poudre River Whitewater Park Pedestrian Bridge in Honor of the Graham Family. (Adopted) The purpose of this item is to approve a proposed donor recognition concept for the pedestrian bridge at the Poudre River Whitewater Park. Jack and Ginger Graham have provided a generous donation in the amount of $1 million toward the construction of the pedestrian bridge, which more than covers the cost of the $700,000 bridge that is part of the Project. The Grahams have requested the pedestrian bridge be named the “Graham Family Bridge” in order to honor their family. • END CONSENT • CONSENT CALENDAR FOLLOW-UP Mayor Pro Tem Horak commended the water allotment management program and requested staff provide a follow-up memo regarding outreach to business entities. He also commented on Item No. 15, Resolution 2019-036 Naming the Poudre River Whitewater Park Pedestrian Bridge in Honor of the Graham Family, noting the bridge will be installed tomorrow. Councilmember Summers commented on Item No. 8, First Reading of Ordinance No. 050, 2019, Authorizing an Annual Water Allotment Management Program by Amending Section 26-129 of the Code of the City of Fort Collins to Authorize the Utilities Executive Director to Waive All or Part of the Excess Water Use Surcharge for Certain Qualifying Customers in Limited Circumstances, commending the Water Utility conservation staff for its work. Councilmember Stephens requested updates moving forward on Item No. 12, First Reading of Ordinance No. 055, 2019, Authorizing the Conveyance of an Easement to Larimer County for Groundwater Monitoring Wells on Cathy Fromme Prairie Natural Area, and stated Item No. 14, Resolution 2019-035 Authorizing the City Manager to Execute an Intergovernmental Agreement Between the City and Poudre School District for the Nature in the City Program, is a good news item. She also thanked the Graham Family for their donation for the pedestrian bridge. • STAFF REPORTS A. Staff report: Community Dashboard Metric: Golf Courses-Total Cumulative Participation. (staff: Mike Calhoon) Tyler Marr, Policy and Project Manager, discussed the performance indicator metrics and stated this metric is from the Culture and Recreation outcome area. Mike Calhoon, Parks Director, discussed municipal golf course participation, stating the goal is to provide 80,000 golf rounds per year in order to be on firm financial footing. Despite being 2,700 rounds short of that goal this year, the program was still able to put $70,000 in reserves. He discussed a survey of golfers at each of the three courses, finding respondents’ views of course conditions to be good to excellent and a good value. Calhoon discussed involvement with Audubon, International and stated the City has three of only 36 courses in Colorado that are certified as Audubon-cooperative sanctuaries. This requires the courses to have a high degree of environmental quality in seven different areas, including fertilization and water conservation. The fertilization program is 70% organic and each course contains weather monitoring stations which provide data allowing for optimal water conservation. 1.2 Packet Pg. 37 Attachment: March 19, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 19, 2019 City of Fort Collins Page 91 Calhoon stated a Golf Manager will be reinstated in 2019 as a result of the budgeting process and a regional marketing campaign with Greeley and Loveland will be launched. Additionally, the irrigation systems at City Park Nine and Southridge will be redesigned in 2019. Councilmember Martinez asked which of the City's courses has the heaviest associated costs. Calhoon replied Southridge has the heaviest burden of cost due to its antiquated irrigation system. Councilmember Stephens asked about outreach to community members who may not usually have the opportunity to play golf. Calhoon replied staff has been working with Poudre School District on a “5 th grade plays free” program. There is also a golf program for children through the Recreation Department and the reduced rate program applies to that. Councilmember Gutowsky asked if there are ways to mitigate the presence of geese. Calhoon replied geese are a federally protected species; therefore, permission from Colorado Parks and Wildlife and the City's Police Chief is required to do hazing on the geese with dogs and coyote decoys. B. Staff report: Human Services Grant Process Improvements (staff: Adam Molzer) Adam Molzer, City Grants and Community Partnerships Coordinator stated the competitive human services grant process is administered annually to award grant funding to human services and affordable housing programs in Fort Collins. Molzer discussed improvements and efficiencies that have been applied to the grant process including the implementation of a scorecard for the CDBG Commission to evaluate and rank grant proposals and the suspension of in-person presentations. Councilmember Summers commended the improvement goal of determining priorities and asked about the process for determining those priorities. Molzer replied the current priorities are established in the Social Sustainability strategic plan. Moving forward, there is a goal to create a Human Services strategic plan that would involve Council and community engagement. Councilmember Summers suggested programs addressing substance abuse in the community would be well-advised. Councilmember Stephens thanked staff for bringing this item forward and noted the decisions made by the CDBG Commission are difficult. She supported the improvements. Councilmember Cunniff commended the improvement efforts and thanked the CDBG Commission for its work. He stated the process should be more intentional as needs continue to grow. He requested future follow-up regarding conflict of interest guidelines for CDBG Commission members. Mayor Troxell commended the improvement efforts. City Manager Atteberry stated the clearer Council is about its priorities, the easier proper alignment of outcomes will occur. 1.2 Packet Pg. 38 Attachment: March 19, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 19, 2019 City of Fort Collins Page 92 • COUNCILMEMBER REPORTS Councilmember Cunniff reported on the National League of Cities meeting in Washington, D.C. and thanked the Youth Advisory Committee members who attended. Mayor Troxell also reported on the National League of Cities meeting. Councilmember Stephens reported on a juvenile justice reform session she attended at National League of Cities. Mayor Pro Tem Horak provided an update on I-25 construction and reported on the Boxelder Basin Regional Stormwater meeting. Councilmember Gutowsky reported on the ribbon cutting ceremony for the new 24-Hour Fitness facility and revitalization of the Mulberry and College intersection. Councilmember Summers commended the new 24-Hour Fitness facility and congratulated Councilmember Gutowsky for her participation. • DISCUSSION ITEMS 13. Items Relating to Regulating Electric Scooters and Other Shared and/or Portable Mobility Devices. (Adopted on Second Reading) A. Second Reading of Ordinance No, 028, 2019, Amending Chapter 24 of the Code of the City of Fort Collins to Add a New Article VI Related to the Parking of Shared Mobility Devices. B. Second Reading of Ordinance No. 029, 2019, Amending Sections 1410 and 2106 of the Fort Collins Traffic Code to Allow for Signage Designating an Area in the City as a “Dismount Zone” for Any Form of Conveyance. Ordinance No. 028, 2019, adopted on First Reading on February 19, 2019 by a vote of 6-1 (nays: Summers) amends City Code relating to the regulation of electric scooters and other shared and/or portable mobility devices. Ordinance No. 029, 2019, unanimously adopted on First Reading on February 19, 2019, amends Traffic Code to allow for signage designating areas of the city as a dismount zone for all forms of conveyance, including e-scooters. When discussing this item on March 5, Councilmembers requested that staff forward an amendment to City Traffic Code to require operators of shared mobility devices including e-scooters to dismount their conveyances at crosswalks regardless of whether there is a traffic control device requiring them to do so, which is the only situation under which an operator must dismount under current City Traffic Code. To make this amendment, Council will need to move to amend Ordinance No. 029, 2019, to add the following to the end of Section 3: “A person riding a shared mobility device or toy vehicle shall dismount before entering any crosswalk.” Paul Sizemore, FC Moves Manager, stated these two ordinances, on Second Reading, are the first step in the process of developing a framework for shared mobility E-scooters, along with a parallel process to develop a request for proposal. 1.2 Packet Pg. 39 Attachment: March 19, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 19, 2019 City of Fort Collins Page 93 Amanda Mansfield, FC Moves, discussed the two ordinances and a Council-requested amendment to one of the ordinances to require crosswalk dismount for E-scooters. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 028, 2019, on Second Reading. Councilmember Cunniff stated these regulations are important and supported the ordinance. RESULT: ORDINANCE NO. 028, 2019, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 029, 2019, as amended to require dismount in crosswalks, on Second Reading. Mayor Pro Tem Horak asked about the education component of the E-scooter rollout. Mansfield replied there will be a strong partnership with the provider to provide coordination on events, education and outreach. Councilmember Gutowsky asked which company will be providing the scooters. Mansfield replied that will result from the request for proposal (RFP) process and one company will be selected. Councilmember Gutowsky asked about helmet suggestions. Mansfield replied there will be educational components strongly encouraging helmet use and she has been in contact with some of the companies about providing helmets. Councilmember Stephens asked about CSU's participation. Mansfield replied CSU has been an involved partner from the beginning of the process and will be involved in administering the RFP. Councilmember Martinez asked if the City's crosswalk dismount requirements would apply to campus. City Attorney Daggett replied generally, Fort Collins traffic and public welfare laws do apply on campus. Councilmember Martinez asked if there are plans for public outreach informing citizens about the impending E-scooter arrival. Mansfield replied in the affirmative. Councilmember Martinez thanked CSU for partnering on this issue. RESULT: ORDINANCE NO. 029, 2019, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak 1.2 Packet Pg. 40 Attachment: March 19, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 19, 2019 City of Fort Collins Page 94 14. Items Relating to Electrical Assisted Bicycles. (Adopted on First Reading) A. First Reading of Ordinance No. 045, 2019, Enacting a Temporary Exemption from Certain Restrictions in Chapter 23 of the Code of the City of Fort Collins to Allow Electrical Assisted Bicycles on Paved Trails in City Natural Area and Recreation Areas. B. First Reading of Ordinance No. 041, 2019, Amending Section 2106(2)(d) of the Fort Collins Traffic Code Relating to Electrical Assisted Bicycles. The purpose of this item is to present two Ordinances for Council consideration to implement a one- year pilot period to allow Class 1 and Class 2 electrical assisted bicycles (“e-bikes”) on City paved trails. In response to the growing popularity of e-bikes across the country, and the benefits e-bikes can provide to individuals and communities in terms of health, mobility, and environmental sustainability, staff recommends adoption of Ordinances allowing the use of Class 1 and Class 2 e- bikes on paved trails through a one-year pilot program. E-bikes are allowed on paved trails in most Colorado communities, including neighboring jurisdictions of Larimer County, Boulder County, Loveland, Longmont and Boulder. Eight Fort Collins City boards and commissions have voted in favor of a pilot program to allow e-bikes on paved trails in Fort Collins. In addition to the two Ordinances relating to the e-bike pilot program, an Ordinance is presented to update the City Traffic Code to remove the outdated term “motorized bicycle”. Paul Sizemore, FC Moves Director, stated this item would launch a one-year pilot program to allow electric-assist bicycles on paved trails within the city. Tessa Greegor, FC Bikes Program Manager, stated the first ordinance under consideration relates to the proposed E-bike pilot program allowing Class I and II E-bikes on paved trails for a one-year pilot program. The second ordinance would replace the term “motorized bicycle” with the term “low-power scooter” in the City's Traffic Code. Greegor stated Class I and II E-bikes provide electric assistance up to 20 miles per hour. Class I E-bikes require the rider to be pedaling to get the assist where as class II E-bikes do not have that requirement. Most Colorado municipalities allow E-bikes on paved trails and discussed the recommendation made by the Bicycle Advisory Committee and Transportation Board. Additionally, all other boards and commissions which have evaluated the proposal have recommended support for the pilot project, with the exception of the Land Conservation and Stewardship Board which suggested the pilot program only apply to class I E-bikes and not on trails in Natural Areas and the Commission on Disability which did not support the pilot. Greegor discussed the planned evaluation methods and stated staff would return with a summary of that data prior to the expiration of the trial period. Josh Kerson stated he builds E-bikes and discussed their recent rise in popularity, noting they are available in some form at nearly every bike shop in town. The City needs to embrace these emerging technologies and supported the ordinances. Rich Stave questioned various aspects of E-bike use including the lack of insurance and license requirements and the lack of reporting locations for negative interactions. He stated the allowed speed is too high. Councilmember Gutowsky asked how fast a regular cyclist can go. Greegor replied the average speed is 12 miles per hour; however, a cyclist can go much faster than that on a regular bike. 1.2 Packet Pg. 41 Attachment: March 19, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 19, 2019 City of Fort Collins Page 95 Councilmember Gutowsky asked if the E-bikes would top out at 20 miles per hour. Greegor replied that is the miles per hour at which the electric assistance ceases, though they can go faster. She stated staff is planning to utilize speed snapshots of traditional bike users and E-bike users during the pilot project. Councilmember Gutowsky expressed concern about the speeds and asked if the E-bikes make noise. Greegor replied they are typically relatively quiet. Councilmember Martinez stated he uses an electric bike and traditional bikes pass him all the time. He stated the majority of users seem to be older riders who use the electric assist to get up hills. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 045, 2019, as amended to remove class II E-bikes, on First Reading. Councilmember Martinez stated he would not support the motion excluding class II. Councilmember Cunniff stated any user who must have assistance can already use a class II E- bike. He stated it would be easier to start the pilot smaller and expand. Councilmember Stephens asked if someone has to prove a disability. Sizemore replied verbal statements from riders are accepted. Councilmember Martinez asked if there have been issues with crashes in other communities. Greegor replied other communities that conducted pilot programs did not have crashes reported. Councilmember Summers asked how class I E-bikes can be differentiated from class II. Greegor replied they are required to be labeled; however, that may be difficult to see. It could be obvious if someone is not pedaling and is still receiving electric assistance. Councilmember Summers stated he did not see the need for an ordinance and supported allowing both types of E-bikes. Councilmember Martinez made a motion, seconded by Councilmember Summers, to amend the motion to include class II E-bikes. Mayor Pro Tem Horak noted not all accidents may get reported and discussed the already crowded trails. He questioned the plan to collect pre-data based on the fact the ordinance would not go into effect until April 26 and the pilot is to start May 1. Councilmember Cunniff stated he would not support the amendment and questioned support of the original motion as individuals who need the E-bikes can already use them. Mayor Troxell stated he would support the amendment and stated bike safety and etiquette are more important than the kind of bike. Councilmember Stephens expressed concern individuals may not necessarily have a disability but may need the electric assistance and asked if data regarding buyers' ages exists. Greegor replied she would need to collect that data. Councilmember Martinez opposed rangers asking riders if they are disabled. 1.2 Packet Pg. 42 Attachment: March 19, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 19, 2019 City of Fort Collins Page 96 Councilmember Gutowsky stated her concerns have been alleviated and asked if there will be periodic reports throughout the year. Greegor replied staff can provide those. The vote on the amendment was as follows: Yeas: Gutowsky, Stephens, Martinez, Summers and Troxell. Nays: Cunniff and Horak. THE MOTION CARRIED. Councilmember Cunniff stated he would not support the motion with class II E-bikes included and expressed concern about adding an increasing number of motorized vehicles to the trail system, which was adopted as a recreational system. Mayor Pro Tem Horak noted all E-bikes can be used on streets. He asked why there has not been an online survey prior to the pilot. Greegor replied the primary instrument proposed to be used prior to the implementation of the pilot are trail intercept surveys. She stated an online survey could be utilized. Mayor Pro Tem Horak questioned how data collected during the pilot project could be usefully compared to data collected prior to the pilot. Greegor replied the trail intercept survey is designed to be the more robust survey with data being collected at key locations prior to the pilot project and again during the pilot project at the same locations. She stated the online survey during the pilot is intended to be brief. Mayor Pro Tem Horak noted the Commission on Disability was opposed to this and expressed concern about the number of people on trails and the speeds. RESULT: ORDINANCE NO. 045, 2019, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ray Martinez, District 2 SECONDER: Ken Summers, District 3 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Horak NAYS: Cunniff Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 041, 2019, on First Reading. RESULT: ORDINANCE NO. 041, 2019, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak (Secretary's Note: The Council took a brief recess at this point in the meeting.) 15. Items Relating to Outdoor Residential Wood Burning. (Adopted on Second Reading) A. Second Reading of Ordinance No. 042, 2019, Amending Chapter 20 of the Code of the City of Fort Collins Pertaining to Nuisances. B. Second Reading of Ordinance No. 043, 2019, Appropriating Prior Year Reserves in the General Fund to Increase Staffing for Outdoor Residential Wood Burning Program Support. 1.2 Packet Pg. 43 Attachment: March 19, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 19, 2019 City of Fort Collins Page 97 These Ordinances, unanimously adopted on First Reading on March 5, 2019, modify the current air pollution nuisance Code provision to make it more enforceable for smoke impacts from outdoor residential wood fires. Code changes proposed include decriminalization, a curfew and a property line setback for outdoor wood burning. Between First and Second Reading, staff reviewed and revised the wording of the new Code language and clarifying changes are noted in the Ordinance. Additionally, resources in the form of an 0.25 FTE increase, are being requested to support education, outreach and compliance with the Code. Deputy City Manager Jeff Mihelich stated this item, if adopted on Second Reading, would allow the decriminalization of outdoor nuisance burning, instate a 25-foot property line setback, and establish a 10 PM curfew. Cassie Archuleta, Environmental Services, detailed the proposed property line setback and possible options for 24-hour response, including a fire and police response and after-hours code compliance staff. Penny Laviolette objected to the 10 PM curfew, stating outdoor evening fires provide valuable experiences. Rich Stave stated the 25-foot setback could be too restrictive and questioned why there are not similar restrictions on barbeques. Adam Eggleston stated anecdotal evidence he has heard involves not changing regulations and increasing communication. He questioned what type of dialogue has occurred with police and fire regarding possible code violation response. Margit Hentschel discussed the Fort Collins air quality forum during which wood smoke statistics were discussed and indicated exposure to one campfire for an hour is equivalent to inhaling 600 cigarettes. She requested a minimum 15-foot setback, a ban on burning during high-pollution days, and 24-hour enforcement. Councilmember Cunniff asked about the status of the high-pollution day issue. Archuleta replied this would be more related to a particle pollution day, and the proposal is to offer outreach for voluntary compliance. Councilmember Martinez expressed concern that the 25-foot setback is too restrictive and stated an 11 PM curfew is more reasonable. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance No. 042, 2019, as amended to change the 25-foot setback to 15 feet, on Second Reading. Councilmember Cunniff stated the rights of people to enjoy outdoor fires do not trump the rights of residents to enjoy their property smoke-free. An earlier curfew makes sense in order to allow residents without air conditioning to open windows. He supported option 2. Councilmember Martinez asked how many complaints were issued in 2018. Archuleta replied there were approximately 120. Councilmember Martinez asked what time of day most fires were dealt with by the Poudre Fire Authority. Tom DeMint, Poudre Fire Authority Chief, replied most are at night, anecdotally; however, he did not have exact data. 1.2 Packet Pg. 44 Attachment: March 19, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 19, 2019 City of Fort Collins Page 98 Councilmember Stephens stated she supported the 15-foot setback due to the map showing 25- foot setbacks are restrictive. Councilmember Stephens asked if there are some City resources for neighbor mitigation. Archuleta replied there is a free neighborhood mediation service, which is part of the outreach for this issue. Mayor Pro Tem Horak noted this is about ensuring the residents who are not burning solid wood are not adversely affected and the voluntary system has not worked. RESULT: ORDINANCE NO. 042, 2019, ADOPTED AS AMENDED ON SECOND READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Ken Summers, District 3 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak Councilmember Cunniff made a motion, seconded by Councilmember Summers, to adopt Ordinance No. 043, 2019, on Second Reading. Councilmember Cunniff stated he would like staff to return with information on funding option 2 to provide 24-hour code enforcement officers. Councilmember Martinez asked if there are consequences for repeat calls for fire authority assistance. City Attorney Daggett replied she would need to return with information on that. RESULT: ORDINANCE NO. 043, 2019, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Ken Summers, District 3 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak 16. Resolution 2019-034 Establishing an Ad Hoc Committee Known as the Direct Reports Compensation Committee. (Adopted as Amended) The purpose of this item is to establish an ad hoc committee to review compensation practices for Council direct report employees. Council may also choose to appoint Councilmembers to the committee. Theresa Roche, Chief Human Resources Officer, stated Council has been committed to compensating employees in a manner that is market-based, competitive, and understandable in order to attract and retain highly qualified, competitive talent. Council has expressed interest in developing an ad hoc Council committee to examine the philosophy, market, and benchmark cities in order to provide guidance for these positions going forward. If adopted, it is anticipated the committee would meet 8 to 10 times and subsequently provide a recommendation for the full Council. Councilmember Cunniff expressed concern about developing a pay policy for the three direct reports, but stated he would support developing strategies. Councilmember Stephens stated she would be interested in serving on the committee. 1.2 Packet Pg. 45 Attachment: March 19, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 19, 2019 City of Fort Collins Page 99 Councilmember Cunniff made a motion, seconded by Councilmember Summers, to adopt Resolution 2019-034, as amended to delete references to "policy" and replacing them with "strategy" as appropriate, and inserting Mayor Troxell and Councilmembers Stephens and Gutowsky as committee members. Mayor Pro Tem Horak stated this is a good committee as benchmark cities have never been formally identified. He agreed with Councilmember Cunniff's wording change. RESULT: RESOLUTION 2019-034 ADOPTED AS AMENDED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Ken Summers, District 3 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak 17. Resolution 2019-037 Setting a Time Frame and Giving Policy Direction Regarding the Consideration of Digital Billboard Regulations. (Adopted) The purpose of this item is to establish a time frame for City Council to hear an ordinance regarding Digital Billboard Regulations. Tom Leeson, Community Development and Neighborhood Services Director, stated this Resolution sets a time frame and policy direction regarding digital billboards. Noah Beals, Senior City Planner, detailed the contents of the Resolution and noted digital billboard regulations were separated from the Sign Code update in order to allow additional consideration of those regulations. The proposed time frame would place an ordinance before Council on digital billboard regulations by September 3 rd , and within that time, public outreach would occur. The ordinance would include a replacement ratio and identify a public process for reviewing a digital billboard application. Rich Stave discussed the size of digital billboards and stated there should be a limit on brightness intensity and motion. Sarah Mercer, counsel for Lamar Advertising, thanked staff for working on this project and supported the Resolution. John Walker questioned who determines what static billboards are being removed and whether they have to be completely down prior to digital billboards being constructed. He also questioned how billboard leases are being dealt with. Councilmember Gutowsky stated this appears to be rushed and requested information as to the history of the item. Mayor Pro Tem Horak replied Council has been dealing with this issue for eight years. The City purchasing billboards has been the only way they have been eliminated and that is an expensive undertaking. Councilmember Martinez requested staff take Mr. Walker's comments into account in their research. Councilmember Cunniff expressed concern about the directive to bring back an ordinance given the new Council will want to create its own work plan. 1.2 Packet Pg. 46 Attachment: March 19, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 19, 2019 City of Fort Collins Page 100 Councilmember Summers commented on the unsightliness of the billboards along East Mulberry and suggested it should be dealt with rather than pushed along for another number of years. Councilmember Martinez made a motion, seconded by Councilmember Summers, to adopt Resolution 2019-037. Mayor Pro Tem Horak stated, though he wants this to occur, this may not be a priority for the new Council. He suggested it be an item for the new Council to consider at its retreat. Councilmember Martinez stated the new Council could consider it whether or not this Resolution passes. RESULT: RESOLUTION 2019-037 ADOPTED [5 TO 2] MOVER: Ray Martinez, District 2 SECONDER: Ken Summers, District 3 AYES: Martinez, Stephens, Summers, Troxell, Horak NAYS: Gutowsky, Cunniff 18. Resolution 2019-038 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Hearing Officer’s Decision Approving the Hansen Farm Project Development Plan PDP170036. (Adopted) The purpose of this item is to make findings of fact and conclusions of law regarding the appeals of the Hansen Farm Project Development Plan PDP170036. The hearing for the appeals was held March 5, 2019. Councilmember Summers recused himself from consideration of the appeals. Councilmember Summers withdrew from the consideration of this item due to a conflict of interest. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2019-038. RESULT: RESOLUTION 2019-038 ADOPTED [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Gutowsky, Troxell, Cunniff, Horak RECUSED: Summers 19. Items Relating to the Downtown Rezoning and Development Standards for the Downtown and Neighborhood Conservation Buffer Transition Areas. (Adopted on First Reading) Part A of this item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. A. Public Hearing and First Reading of Ordinance No. 057, 2019, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Downtown Rezoning. B. First Reading of Ordinance No. 058, 2019, Amending the Land Use Code Relating to Development Standards for the Downtown and Neighborhood Conservation Buffer Transition Areas. 1.2 Packet Pg. 47 Attachment: March 19, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 19, 2019 City of Fort Collins Page 101 The purpose of this item is to consider a City-initiated request to rezone 467 acres into an expanded Downtown (D) zone district and to amend interrelated Land Use Code sections that together address design standards for Downtown and the Neighborhood Conservation Buffer (“NCB”) transition areas that interface between downtown and the predominantly single-family housing within the Old Town Neighborhoods. Cameron Gloss, Long-Range Planning Manager, stated these two actions would help implement the 2017 Downtown and Old Town Neighborhoods Plans. The first expands the footprint of the Downtown (D) District to coincide closely with the Downtown Development Authority boundary. There are currently three sub-districts within the Downtown and the expanded area will have nine sub-districts that reflect unique character in each area. The character of the streets themselves crosses the boundaries of all sub-districts. Gloss discussed the public process and board and commissions input. One of the main points of contention was building heights. He detailed the proposed building heights and contextual step backs. Gloss discussed the proposed changes for the Neighborhood Conservation Buffer (NCB) District which provides the transition between the Downtown and single-family portions of Old Town neighborhoods. Mayor Troxell noted part of this item is quasi-judicial and will be considered per those requirements. City Attorney Daggett suggested Council could opt to suspend the rules and move straight to the normal process for taking public testimony and moving forward. Mayor Troxell did not receive any objection from Councilmembers to move forward as normal. Eric Sutherland discussed various aspects of the development review process and stated it does not work for the people who live here. Mark Williams, Downtown Development Authority Board of Directors, supported the proposed changes. Matt Robenault, Downtown Development Authority Executive Director, supported the proposed changes and thanked City leadership and staff for providing a community engagement process during the development of these amendments. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 057, 2019, on First Reading. Councilmember Martinez commended the staff work on this item. Councilmember Gutowsky commented on the unique nature of the Downtown zone. Mayor Troxell commended the staff work on this item and the resulting changes. 1.2 Packet Pg. 48 Attachment: March 19, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 19, 2019 City of Fort Collins Page 102 RESULT: ORDINANCE NO. 057, 2019, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak Mayor Troxell closed the hearing for part A. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance No. 058, 2019, on First Reading. Councilmember Cunniff expressed concern about the prescribed buffer in the Oxbow area. Gloss replied the habitat and protection buffer standards of Section 3.4.1 are not intended to be superseded, but staff will carefully examine that prior to Second Reading. Councilmember Stephens thanked staff for seeking input from the Buckingham neighborhood. RESULT: ORDINANCE NO. 058, 2019, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak • Motion to Continue past 10:30 PM Councilmember Martinez made a motion, seconded by Councilmember Stephens, to adjourn the meeting. City Attorney Daggett stated a motion to take on additional items now that it is past 10:30 PM would be necessary to accomplish needed scheduling items; however, that motion could be narrow enough just to accomplish those items listed under Other Business. Councilmember Stephens withdrew her second; therefore, the motion failed for lack of a second. Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Horak, to suspend the rules to extend the meeting past 10:30 PM to consider Item Nos. 3, 9, and 11 and Other Business with the intent to adjourn to the Water Enterprise Utility Board. RESULT: ADOPTED [6 TO 1] MOVER: Ross Cunniff, District 5 SECONDER: Gerry Horak, District 6 AYES: Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak NAYS: Martinez 1.2 Packet Pg. 49 Attachment: March 19, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 19, 2019 City of Fort Collins Page 103 • CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 20. Second Reading of Ordinance No, 038, 2019, Authorizing the Mayor to Execute the First Amendment to the Intergovernmental Agreement for Water Treatment Service Capacity Between the City of Fort Collins, Colorado, and the Fort Collins-Loveland Water District. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on March 5, 2019, amends the existing agreement signed in 2013 between the City and the Fort Collins–Loveland Water District (FCLWD) concerning FCLWD’s acquisition of 5 million gallons per day of water treatment capacity at the City’s Water Treatment Facility. The proposed amendment to the 2013 Agreement will allow for FCLWD to make an early payment of the entire outstanding principal associated with the financing of the Plant Investment Fee. The City, FCLWD, and their respective enterprises were all parties to the 2013 Agreement. The amendment thus likewise must be approved by both City Council and the City of Fort Collins Water Utility Enterprise Board. The FCLWD Board and the FCLWD Enterprise Board approved the proposed amendment on Tuesday, February 19, 2019. Eric Sutherland stated Council is not following Charter provisions regarding the authority of Enterprise Boards. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 038, 2019, on Second Reading. RESULT: ORDINANCE NO. 038, 2019, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak 21. First Reading of Ordinance No. 051, 2019, Amending Section 8-161 of the Code of the City of Fort Collins to Add an Exception to the Competitive Purchasing Process for Purchases of Video Content Licensing. (Adopted on First Reading) The purpose of this item is to amend City Code to create a limited exception to the competitive bid and purchasing process for the purchase of video content licensing and services, as needed for delivery of video services by Fort Collins Connexion. To provide video services, Fort Collins Connexion must secure license agreements with local channels, national networks, and independent content producers. While most video content will be acquired through membership in the National Cable Television Cooperative (NCTC), there are some channels, groups of channels, and networks that will require direct individual license negotiations. Eric Sutherland questioned why the City is in the business of purveying video content. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 051, 2019, on First Reading. Councilmember Cunniff asked if the purpose of this ordinance is to increase the potential subscriber base. Coleman Keane, Fort Collins Connexion Executive Director, replied that is correct and bundled service is key. 1.2 Packet Pg. 50 Attachment: March 19, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 19, 2019 City of Fort Collins Page 104 RESULT: ORDINANCE NO. 051, 2019, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak 22. Items Relating to Platte River Power Authority Organic and Power Supply Contracts. (Adopted on First Reading) A. First Reading of Ordinance No. 053, 2019, Authorizing an Amended and Restated Organic Contract with Platte River Power Authority. B. First Reading of Ordinance No. 054, 2019, Authorizing an Amended and Restated Contract with Platte River Power Authority for the Supply of Electric Power and Energy. The purpose of this item is for City Council to consider the request by Platte River Power Authority (Platte River) to extend and amend the Organic Contract between Fort Collins, Loveland, Longmont, and Estes Park (the member cities); and the Power Supply Agreement between Fort Collins and Platte River Eric Sutherland questioned when any other legislative body has adopted a contract or legislative enactment by acting on the same issue twice. He stated Enterprise business should be done while convened as Council. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 053, 2019, on First Reading. Mayor Pro Tem Horak stated this is a good news item in moving forward toward a carbon-free future. RESULT: ORDINANCE NO. 053, 2019, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 054, 2019, on First Reading. Mayor Pro Tem Horak thanked Jason Frisbee, Platte River Power Authority's CEO, and his staff and commended the change in direction at PRPA over the last few years. RESULT: ORDINANCE NO. 054, 2019, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak 1.2 Packet Pg. 51 Attachment: March 19, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 19, 2019 City of Fort Collins Page 105 • OTHER BUSINESS Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Horak, to continue the meeting not only for the Water Utility but also for the Electric Utility meeting. Yeas: Summers, Cunniff, Horak, Troxell, Gutowsky and Stephens. Nays: Martinez. THE MOTION CARRIED. • Consideration of a motion to cancel the regular Council meeting of Tuesday, April 2, 2019 for the Municipal Election. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to cancel the regular Council meeting of Tuesday, April 2, 2019, for the Municipal Election. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak • ADJOURNMENT • Consideration of a motion to adjourn to 6:00 p.m., Tuesday, March 26, 2019. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00 PM on Tuesday, March 26, 2019, for consideration of a possible executive session and for such other business as may come before the Council. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak The meeting adjourned at 11:07 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.2 Packet Pg. 52 Attachment: March 19, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) City of Fort Collins Page 106 March 26, 2019 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting – 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Coldiron 1. Resolution 2019-039 Approving a Construction and Purchase Agreement for Condominium Units Consisting of Two Floors of a New Water Laboratory Building to be Constructed by RMI2 Properties, LLC at the Innosphere Site on East Vine Drive. (Adopted) The purpose of this item is to request approval of a Construction and Purchase Agreement (“C&P Agreement”) pursuant to which the City’s Water and Wastewater Utilities will acquire condominium units consisting of two floors containing approximately 17,600 gross square feet (the “City Units”) of a new water laboratory building containing approximately 26,764 gross square feet (the “new building”) to be constructed by RMI2 Properties, LLC (“RMI2” or “Developer”) at the RMI2 site located at 320 East Vine Drive (“Innosphere”). Utilities currently operates two separate laboratories which are in separate buildings and which have not been significantly renovated since the 1980s. Costs associated with construction and acquisition of the new City Units are currently estimated based on conceptual plans at approximately $11.5 million, plus equipment for the City Units and decommissioning cost for a total of $13.5 million, to be split evenly between the Water Fund and the Wastewater Fund. The proposal for the New Building in partnership with RMI2 stems from the completion of a laboratory master plan funded in the 2017/2018 Budgeting for Outcomes (“BFO”) process. Construction of a new facility is currently included in the Utilities Capital Improvement Plan (“CIP”). Funding for preliminary design of the facility is included in the 2019/2020 City Council adopted budget. Carol Webb, Water Resources and Treatment Director, stated this project involves a state-of-the- art lab facility to be constructed in partnership with RMI2, or Innosphere. The project involves future funding appropriations of approximately $10.5 million from the water and wastewater funds. The project is located at 320 East Vine on a parcel just west of the current Innosphere facility. Webb stated a master plan completed in 2018 concluded a new facility was needed to meet City objectives for laboratory space and a partnership with Innosphere met all objectives at a lower cost. The partnership is in the form of a construction and purchase agreement to design and construct a facility with three separate condominium units with the City's units on the first and second floors. The City has the option to purchase the third unit in eight years. Eric Sutherland stated this does not comply with the City Charter in terms of competitive bidding; sub-contracting is not what was intended to be competitive per that provision. He opposed the initial City participation in the Innosphere project. Rich Stave discussed the Water Board's dialogue related to this item and brought up questions asked by Boardmembers. 1.3 Packet Pg. 53 Attachment: March 26, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 26, 2019 City of Fort Collins Page 107 Councilmember Martinez asked how the lease would end. Webb replied this is an ownership model; therefore, the City will own its two units once a certificate of occupancy is issued. The City could sell its two units in the future. Councilmember Cunniff requested a staff response to the Water Board questions. Webb replied one of the questions was related to the location of the facility compared to the two treatment facilities. She noted this laboratory primarily focuses on finish water testing and this location provides better access to sample sites. Demolition costs are part of the estimates. Councilmember Cunniff asked if the funds are currently available in reserves. Webb replied in the affirmative. Councilmember Cunniff asked if there is a scheduling advantage to working with Innospere. Webb replied in the affirmative. Mayor Pro Tem Horak asked about the Charter provision mentioned by Mr. Sutherland. Judy Schmidt, Senior Assistant City Attorney, replied the Charter provision is intended to cover provisions in which the City hires a contractor to build a city improvement; this will not be a city improvement until the units are purchased. Mayor Pro Tem Horak suggested the inclusion of a whereas clause to address the issue. City Attorney Daggett replied staff may want to return April 16 with a resolution addressing the $400,000 obligation. Councilmember Cunniff stated he cannot support this item. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Resolution 2019-039. Mayor Pro Tem Horak noted this provides a timing advantage and monetary savings. He expressed concern about parking but supported the project overall. Councilmember Stephens stated this is the best option for the cost and therefore the best option for rate payers. Councilmember Gutowsky stated she will support the motion given the cost effectiveness of the project and ability to include the City's goals in construction. Councilmember Cunniff stated he does not completely trust the cost/benefit analysis and expressed concern this has been rushed. City Manager Atteberry replied the need for this facility has been documented for several years; however, there has been some need to move forward due to work that has already occurred on Innosphere's part. Councilmember Cunniff agreed with the master plan and benefits of owning a lab; however, he suggested a short-term program could be utilized while other alternatives are considered. City Manager Atteberry stated the partnership and collaboration aspects are important. 1.3 Packet Pg. 54 Attachment: March 26, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 26, 2019 City of Fort Collins Page 108 Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to table this item until Item Nos. 2 and 3 are completed. Yeas: Cunniff, Horak, Troxell, Gutowsky, Stephens, Martinez and Summers. Nays: none. THE MOTION CARRIED. • Consideration of a Motion to go into Executive Session. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, that the City Council go into executive session for the purpose of meeting with the City attorneys and City management staff to discuss the following matters as permitted under City Charter, Article 2, Section 11, City Code, Section 2-31(A)(2), and Colorado Revised Statute Section 24-6-402(4)(b): specific legal questions related to pending litigation regarding the City's public nudity ordinance and the manner in which particular policies, practices or regulations of the City related to the public nudity ordinance may be affected by existing or proposed provisions of federal, state or local law. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak (Council went into executive session at this point and returned at 7:31 p.m.) 4. Possible Motion Directing the City Attorney on Next Steps Related to Litigation Regarding the City’s Public Nudity Ordinance. (Adopted) The purpose of this item is for Council to provide possible direction to the City Attorney on the next steps she should take related to pending litigation challenging the City’s public nudity ordinance. Rich Stave questioned recreational aspects of nudity and stated freedom of assembly is important to preserve. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to authorize and direct the City Attorney to take initial steps to preserve the City's right to seek review by the U.S. Supreme Court of the U.S. 10 th Circuit Court of Appeals recent decision on the City's public nudity litigation while also exploring settlement of the litigation and continuing with the litigation if no settlement is reached. Councilmember Martinez stated he would support the motion despite his opinion this is postponing an issue this Council should be addressing. Mayor Pro Tem Horak disagreed and stated this is keeping options open for the next Council. Councilmember Stephens stated she would not support the motion as she does not want to spend City funds to further pursue litigation. Councilmember Summers commented there are several states under the 10 th Circuit Court of Appeals; therefore, this decision will have far reaching impacts. Councilmember Gutowsky supported taking extra time to consider options. 1.3 Packet Pg. 55 Attachment: March 26, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) March 26, 2019 City of Fort Collins Page 109 Mayor Troxell stated he would support the motion. RESULT: MOTION ADOPTED [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Summers, Gutowsky, Troxell, Cunniff, Horak NAYS: Stephens • Return to Discussion of Resolution 2019-039 Approving a Construction and Purchase Agreement for Condominium Units Consisting of Two Floors of a New Water Laboratory Building to be Constructed by RMI2 Properties, LLC at the Innosphere Site on East Vine Drive. (Adopted) Mayor Troxell reintroduced the item per the motion to table. City Attorney Daggett presented new Resolution language which documents Council's concern about the procurement process, that the agreement requires the developer to use competitive bidding for sub-contracts and materials, discusses the relationship of the Charter to the larger real estate transaction and addresses the initial payment as an exception to the competitive purchase process. Mayor Pro Tem Horak and Councilmember Stephens accepted the language as part of the main motion. Councilmember Cunniff stated the language addresses his concern about the indirect purchasing; however, he stated he would not support the motion given the analysis of alternatives. He suggested standardizing the cost/benefit analysis process in the future. RESULT: RESOLUTION 2019-039 ADOPTED AS AMENDED [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Horak NAYS: Cunniff • ADJOURNMENT The meeting adjourned at 7:56 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.3 Packet Pg. 56 Attachment: March 26, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) City of Fort Collins Page 110 April 16, 2019 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM • ROLL CALL PRESENT: Gutowsky, Martinez, Summers, Stephens, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry withdrew Item Nos. 10, Items Relating to Downtown Rezone and Development Standards for the Downtown and Neighborhood Conservation Buffer Transition Areas, and 19, Resolution 2019-044 Approving a Cooperation Agreement Between the City and the Fort Collins Urban Renewal Authority for Sharing the City's Property and sales tax Increment Under the College & Drake Urban Renewal Plan, from the Consent Agenda. • PUBLIC COMMENT Eric Sutherland opposed the use of tax increment financing in Fort Collins and stated the law is being abused. Morgan Sweeka discussed the lack of resources available to local youth aging out of the foster care system, particularly related to affordable housing. Kathryn Dubiel stated there were unintended consequences of the recent municipal election. She discussed the potential later swearing in of the new Council based on recount criteria and delayed certification based on new requirements. She suggested the recount request period should be limited to two days to allow Council to be seated at the next regular meeting after the election and that the recount not be allowed to take 15 days. Dennis Gatlin, Boxelder Sanitation District Board of Directors Chair, expressed concern about the entity that will be used for sanitation service for the Montava development. He noted the development is within the District's service area and the District has the immediate ability to begin serving it. He discussed the importance of the City and District working together to create positive, long-term results that meet common goals for the community. Kelly Evans, Neighbor to Neighbor, discussed the Fair Housing Act and importance of equitable and affordable housing. Jackson Hafner commented on the negative effects of plastic bags and straws on the environment and suggested a tax on their use. Susan Kirkpatrick thanked Councilmember Martinez for his service on Council and commented on Mayor Pro Tem Horak's time on Council. 1.4 Packet Pg. 57 Attachment: April 16, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) April 16, 2019 City of Fort Collins Page 111 • PUBLIC COMMENT FOLLOW-UP Mayor Troxell summarized the citizen comments. Councilmember Summers expressed appreciation for the comments related to youth aging out of the foster care system. Councilmember Cunniff stated he has requested additional information from the Housing Catalyst Director on how it serves the community of youth aging out of the foster care system. Mayor Pro Tem Horak encouraged the citizens who spoke regarding youth to speak to the County Commissioners. He requested an update regarding Montava and discussions with the Boxelder Sanitation District. He noted staff had a meeting with Boxelder to ensure the two entities are working together. Mayor Pro Tem Horak and Councilmember Stephens commended Mr. Hafner on his comments. Councilmember Stephens thanked Ms. Evans for her comments and stated she will be attending the Women's Health Panel. Councilmember Martinez thanked Ms. Kirkpatrick for her comments and commended her service to the city. Mayor Pro Tem Horak thanked Ms. Kirkpatrick for her comments. • CONSENT CALENDAR Eric Sutherland withdrew Item No. 5, Second Reading of Ordinance No. 051, 2019, Amending Section 8-161 of the Code of the City of Fort Collins to Add an Exception to the Competitive Purchasing Process for Purchases of Video Content Licensing, from the Consent Agenda. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Gutowsky, Martinez, Summers, Stephens, Troxell, Cunniff, Horak 1. Consideration and Approval of the Minutes of the February 19, 2019 Regular Council Meeting and the February 26, 2019 Adjourned Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the February 19, 2019 Regular Council meeting and the February 26, 2019 Adjourned Council meeting. 2. Second Reading of Ordinance No. 046, 2019, Appropriating Unanticipated Grant Revenue in the Light and Power Fund from Bloomberg Philanthropies for Capitalization of the Epic Efficiency Loan Program. (Adopted) This Ordinance, unanimously adopted on First Reading on March 19, 2019, appropriates $100,000 in grant award revenues from Bloomberg Philanthropies, as part of the Bloomberg Mayor’s Challenge, 1.4 Packet Pg. 58 Attachment: April 16, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) April 16, 2019 City of Fort Collins Page 112 into the Fort Collins Utilities Light and Power fund for the purposes of continued capitalization of the Epic Loan Program. 3. Second Reading of Ordinance No. 047, 2019, Amending Chapter 9 of the Code of the City of Fort Collins and Adopting by Reference the 2018 International Fire Code, with Amendments. (Adopted) This Ordinance, unanimously adopted on First Reading on March 19, 2019, adopts the 2018 International Fire Code (IFC), as amended. The International Code Council (ICC) publishes updated codes every three years. The Poudre Fire Authority Board of Directors has reviewed and approved the IFC and is requesting it be adopted as amended. Poudre Fire Authority (PFA) is responsible for the enforcement and administration of the IFC within the City. PFA routinely reviews new codes, proposes local amendments, and seeks adoption of the IFC changes by the City Council. The proposed amendments, developed in conjunction with the local Fire Code Review Committee, include several changes to the City Code. There were a few significant changes to the IFC, including provisions related to mobile food vendors, higher education laboratories, plant material processing and extraction (cannabis), mobile fueling service, energy systems and the retroactive installation of fire suppression systems in eating and drinking establishments with an occupant load in excess of 299. A proposed City Code amendment mandates at least one means of egress (stairs) be provided in buildings under construction that exceed one story in height. 4. Second Reading of Ordinance No. 050, 2019, Authorizing an Annual Water Allotment Management Program by Amending Section 26-129 of the Code of the City of Fort Collins to Authorize the Utilities Executive Director to Waive All or Part of the Excess Water Use Surcharge for Certain Qualifying Customers in Limited Circumstances. (Adopted) This Ordinance, unanimously adopted on First Reading on March 19, 2019, gives discretion to the Utilities Executive Director to provide qualified customers a temporary waiver from Excess Water Use (EWU) surcharges for up to three years, provided the customer participates in the proposed Allotment Management Program (AMP) to implement a project that permanently reduces the customer’s water use by managing landscape water use to an existing allotment. The Ordinance and supporting program create a solution for a specific group of customers that were highly impacted by changes to the Water Supply Requirements (formally Raw Water Requirements) adopted in September 2017 and implemented in 2018. 5. Second Reading of Ordinance No. 052, 2019, Amending Article I of Chapter 6 of the Code of the City of Fort Collins Regarding Cable Communications Systems. (Adopted) This Ordinance, unanimously adopted on First Reading on March 19, 2019, amends the City Code provisions related to cable television franchises, which have not been modified since they were first adopted in 1978, to update them and make them consistent with the current language of the City Charter and applicable federal law. 6. Items Relating to Platte River Power Authority Organic and Power Supply Contracts. (Adopted) A. Second Reading of Ordinance No. 053, 2019, Authorizing an Amended and Restated Organic Contract with Platte River Power Authority. B. Second Reading of Ordinance No. 054, 2019, Authorizing an Amended and Restated Contract with Platte River Power Authority for the Supply of Electric Power and Energy. These Ordinances, unanimously adopted on First Reading on March 19, 2019, extend and amend the Organic Contract between Fort Collins, Loveland, Longmont, and Estes Park (the member cities of Platte River Power Authority); and the Power Supply Agreement between Fort Collins and Platte River Power Authority. 1.4 Packet Pg. 59 Attachment: April 16, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) April 16, 2019 City of Fort Collins Page 113 7. Second Reading of Ordinance No. 055, 2019, Authorizing the Conveyance of an Easement to Larimer County for Groundwater Monitoring Wells on Cathy Fromme Prairie Natural Area. (Adopted) This Ordinance, unanimously adopted on First Reading on March 19, 2019, authorizes conveyance of an easement to Larimer County for groundwater monitoring wells on Cathy Fromme Prairie Natural Area. In August 2018, the Natural Areas Department was approached by Larimer County Solid Waste at the direction of the Colorado Department of Public Health and Environment (CDPHE) regarding a 1,4-dioxane plume. The County requested a revocable permit from the Department to insert temporary groundwater test wells to determine the location and extent of the plume, which the City Manager granted on February 5, 2019. The new permanent monitoring wells are required for continued monitoring of the contaminant plume. 8. Second Reading of Ordinance No. 056, 2019, Designating the Newman Property, 1019 West Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted) This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. This Ordinance, unanimously adopted on First Reading on March 19, 2019, designates the Newman Property, 1019 West Mountain Avenue, as a Fort Collins landmark, for its early twentieth-century vernacular architecture. This is a voluntary designation at the property owner’s request. The Landmark Preservation Commission unanimously recommends approving this landmark designation. 9. First Reading of Ordinance No. 059, 2019, 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 $667,926, of which $240,792 is proposed for 2019 Cultural Development and Programming Activities (Fort Fund), $28,558 is proposed for 2019 Tourism Programming (Fort Fund), and $398,576 is proposed for 2019 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 2018 was $569,394 above projected collections. 10. First Reading of Ordinance No. 060, 2019, Making Appropriations and Authorizing Transfers of Appropriations for the Suniga Road Improvements Project and Related Art in Public Places. (Adopted) The purpose of this item is to appropriate $170,550 into the Capital Project Fund for the Suniga Road Improvements Project. The City collected these funds as payment in lieu for a development’s local street frontage improvements associated with Suniga Road. In addition, this item will authorize the transfer of $1,705, 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 construct Suniga Road to the City’s four-lane arterial roadway standards between North College Avenue and Blondel Street as identified on the City’s Master Street Plan. Improvements include raised, protected bike lanes, pedestrian facilities, transit facilities, utility infrastructure, roadway improvements, and landscaped medians and parkways. The project will complement the existing section of Suniga Road, providing connectivity for surrounding developments from North College 1.4 Packet Pg. 60 Attachment: April 16, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) April 16, 2019 City of Fort Collins Page 114 Avenue to Redwood Street. This project was approved during the 2017/2018 Budgeting for Outcomes (BFO) process and will be constructed this year. 11. First Reading of Ordinance No. 061, 2019, Making Appropriations and Authorizing Transfers of Appropriations for the Willow Street Improvements Project and Related Art in Public Places. (Adopted) The purpose of this item is to appropriate $435,000 of Downtown Development Authority (DDA) funds, $40,364 of Transportation Capital Expansion Fee (TCEF) funds, and $4,439 of Transportation Reserves into the Capital Project Fund for the Willow Street Improvements Project. In addition, this item will authorize the transfer of $4,755, from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places. This project will design and construct roadway and urban design improvements along Willow Street between North College Avenue and Linden Street, including a pedestrian plaza at the northern corner of Willow Street and Linden Street. The overall project budget is $4.3 million, and construction is scheduled to begin in the summer 2019. This project was approved through the Community Capital Improvements Program (CCIP) tax initiative. 12. First Reading of Ordinance No. 062, 2019, Amending Chapter 2 of the Code of the City of Fort Collins to Establish Council Expectations Regarding Action by Boards and Commissions and Member Participation. (Adopted) The purpose of this item is to provide guidelines on board or commission member participation that require members not to abstain in items they are participating in; an abstain vote will be treated as a yes vote. Conflict of Interest guidelines continue as they currently exist. 13. Resolution 2019-040 Approving an Art Project for the Willow Street Project and Approving Expenditures from the Art in Public Places Water Utility Account to Commission an Artist to Create the Art Project Pursuant to the Art in Public Places Program (Adopted) The purpose of this item is it to approve expenditures from the Art in Public Places (APP) Reserve Account and APP Water Utility Account to commission an artist to create art for the Willow Street Project. The expenditures of $343,365 will be for design, materials, signage, fabrication, delivery, and contingency for Andrew Dufford of Chevo Studios to create the art for the Willow Street Project. 14. Resolution 2019-041 Authorizing the Execution of an Intergovernmental Agreement Between the City and Larimer County for the Construction of a Traffic Signal at State Highway 1 and Douglas Road. (Adopted) The purpose of this item is to approve an intergovernmental agreement (IGA) between the City and Larimer County for the construction of a traffic signal at State Highway 1 and Douglas Road. The Colorado Department of Transportation awarded the County a Federal Highway Safety Improvement Program grant in the amount of a total project cost of up to $550,000 for the project. The City and County are collaborating on the project as the City has a long history of working with the County on signals within the Growth Management Area, the overall project costs are lowered if the City builds the signal, and the signal construction will meet City standards making it easier to maintain and operate in the future. City costs for the project are reimbursed through the grant. 15. Resolution 2019-042 Authorizing the City Manager to Execute an Intergovernmental Agreement Between the City and Poudre School District for the PSD After 3 Program. (Adopted) The purpose of this item is to authorize the City to enter into an intergovernmental agreement (IGA) with the Poudre School District. The Agreement sets the terms by which the City of Fort Collins will contract with the Poudre School District to provide after school and summer enrichment programs for students in six Title I schools in its school system. 1.4 Packet Pg. 61 Attachment: April 16, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) April 16, 2019 City of Fort Collins Page 115 16. Resolution 2019-043 Approving the Exclusion of Property from Rudolph Farms Metropolitan District Nos. 1-6. (Adopted) The purpose of this item is to approve the exclusion of a small parcel of real property from the boundaries of the Rudolph Farms Metro District Nos. 1-6 (the Districts). The property to be excluded is to be acquired from the current owners and used by the Colorado Department of Transportation (CDOT) for public right-of-way as part of CDOT’s I-25/Prospect Road Interchange construction project. 17. Resolution 2019-045 Approving an Intergovernmental Agreement with the Fort Collins Urban Renewal Authority for the Authority's Contribution of Funds to the City's North College Drainage Improvement District Project. (Adopted) The purpose of this item is to present an intergovernmental agreement (IGA) between the City of Fort Collins and the Fort Collins Urban Renewal Authority. The IGA memorializes the terms of acceptance of $300,000 in Authority support for the City’s continued design of the North College Drainage Improvement District (NCDID), including transportation designs for North Mason Street (Alpine Street to Hickory Street), along with Alpine Street, Pinon Street and Hemlock Street (Mason Street to North College Avenue). The 2019 Authority Budget accounted for and appropriated funds for this obligation. In addition, the 2019 City Budget includes additional funding for the Project from two sources in the City: Engineering and Stormwater. On February 27, 2019, the Authority’s Board of Commissioners approved the IGA. 18. Resolution 2019-046 Authorizing an Intergovernmental Agreement Between the Cities of Fort Collins and Loveland, With the Option to Add Greeley, for the Exchange of Judicial Services, and Appointing Temporary Judges. (Adopted) The purpose of this item is to authorize an intergovernmental agreement (IGA) with the City of Loveland for judicial services to be used in the event that a conflict of interest or other circumstance prevents the Municipal Judge and temporary judge from hearing a particular Municipal Court case. This agreement is intended to replace an existing 2017 IGA between Fort Collins, Loveland and Greeley. The City of Greeley is not included in this IGA due to residency requirements that Greeley currently has in place; however, the Resolution would approve adding Greeley to the IGA if its residency requirements change in the near future. • END CONSENT • STAFF REPORTS Youth Advisory Board Report on National League of Cities Conference. Tyler Marr, City Manager's Office, introduced two Youth Advisory Boardmembers who accompanied Council on their trip to the National League of Cities Congressional Cities Conference. Suhaas Narayanan and Kaustubh Kaushik discussed how they were selected to make the trip and stated their main objective was to collaborate with other youth delegates from across the nation. They discussed meetings they attended both as part of the conference and with the Mayor and City Manager and thanked the City for sending them on the trip. Mayor Troxell thanked Mr. Narayanan and Mr. Kaushik for attending the conference and commended their commitment to service. City Manager Atteberry commended Mr. Narayanan and Mr. Kaushik on their civic engagement. 1.4 Packet Pg. 62 Attachment: April 16, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) April 16, 2019 City of Fort Collins Page 116 Broadband Status Report. Erin Shanley, Marketing Manager, stated the broadband effort is on schedule and discussed the outlay of infrastructure. She announced Connexion Video, an app-based TV service with cloud DVR, and stated the web site for Connexion is being redeveloped. Shanley stated Connexion will be a sponsor of the Taste of Fort Collins and will be involved in Open Streets. Councilmember Cunniff asked if there will be a newsletter or update service available for the community. Shanley replied in the affirmative. City Manager Atteberry stated the plan is to have the first live customers for Connexion in August. He noted every property within the city will eventually have access to the service. • COUNCILMEMBER REPORTS Mayor Pro Tem Horak reported on the opening of the ozone monitoring station and ozone garden at the Gardens on Spring Creek. He also reported on the Sugar Beet park groundbreaking and stated the Colorado Transportation Commission is meeting tomorrow with a focus on I-25 North and whether they will be giving an extra $250 million toward the project. He stated he will be holding a joint listening session with Councilmember-elect Emily Gorgol at the Senior Center on Thursday. Councilmember Stephens reported on the Teaching Tree groundbreaking, the unveiling of the new Community Chalkboard at the Youth Activity Center in concert with the Youth Advisory Board, a meeting with the Behavioral Health Policy Council, and a discussion around homelessness sponsored by Homeward Alliance. Councilmember Martinez reported on the electric vehicle car show and the Foothills Natural Areas Management Plan display at the Atzlan Center. Councilmember Cunniff reported on the electric vehicle car show and meeting of the Wasteshed Policy Group. Mayor Troxell reported on the Police Services celebration. Councilmember Gutowsky reported on the Carnegie Center for Creativity exhibition on the future plans for City Park and the Sugar Beet Park plans. Mayor Pro Tem Horak commended the City Park event at the Carnegie Center. City Manager Atteberry commented on the lives lost in the Thanksgiving crash. Mayor Troxell commended Councilmembers for their community engagement. • CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 19. Items Relating to Downtown Rezone and Development Standards for the Downtown and Neighborhood Conservation Buffer Transition Areas. (Adopted as Amended on Second R) Part A of this item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. 1.4 Packet Pg. 63 Attachment: April 16, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) April 16, 2019 City of Fort Collins Page 117 A. Second Reading of Ordinance No. 057, 2019, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Downtown Rezoning. B. Second Reading of Ordinance No. 058, 2019, Amending the Land Use Code Relating to Development Standards for the Downtown and Neighborhood Conservation Buffer Transition Areas. These Ordinances, unanimously adopted on First Reading on March 19, 2019, rezone 467 acres into an expanded Downtown (D) zone district and amend interrelated Land Use Code sections that together address design standards for Downtown and the Neighborhood Conservation Buffer (NCB) transition areas that interface between downtown and the predominantly single-family housing within the Old Town Neighborhoods. A response to a City Council question during the First Reading of Ordinance No. 058, 2019 has been provided in the background section. Mayor Troxell noted the hearing for Ordinance No. 057, 2019, was conducted in conjunction with First Reading. Cameron Gloss, Planning Manager, noted there is one change to the height map exhibit to show a four-story height allotment for the Oxbow site. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 057, 2019, on Second Reading. RESULT: ORDINANCE NO. 057, 2019, ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Gutowsky, Martinez, Summers, Stephens, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 058, 2019, on Second Reading, as amended. RESULT: ORDINANCE NO. 058, 2109, ADOPTED AS AMENDED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Gutowsky, Martinez, Summers, Stephens, Troxell, Cunniff, Horak 20. Resolution 2019-044 Approving a Cooperation Agreement Between the City and the Fort Collins Urban Renewal Authority for Sharing the City's Property and sales tax Increment Under the College & Drake Urban Renewal Plan. (Adopted) The purpose of this item is to present a Cooperation Agreement to City Council describing the City’s incremental property and sales tax revenue contribution to be allocated to the proposed Drake and College Urban Renewal Plan. The Agreement provides the terms and conditions associated with the City contributing incremental revenue to achieve the objectives of the Plan. It is proposed for this Plan that the City contribute 100 percent of its incremental property tax revenue and 50 percent of the net new incremental sales tax revenue associated with the current general fund rate of 2.25 percent. However, this sales tax increment will be reduced by $405,000 to take into account that a nearby grocery store is to be relocated to the Plan area. The amount of this reduction is an average of the annual sales tax the City collects from the grocery stores and super-centers in the City. 1.4 Packet Pg. 64 Attachment: April 16, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) April 16, 2019 City of Fort Collins Page 118 Eric Sutherland questioned the change to the Resolution language and stated this is a multiple-year financial obligation that will create an irrevocable pledge of future tax revenues that fall under the purview of future Councils. Mayor Pro Tem Horak requested staff address the language change. Deputy City Attorney John Duvall replied there is no change to the Resolution, just one change to the cooperation agreement itself to remove references related to the Colorado Supplemental Public Securities Act. He stated it is premature to place those references in this particular agreement. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Resolution 2019-044. RESULT: RESOLUTION 2019-044 ADOPTED [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Gutowsky, Martinez, Stephens, Troxell, Cunniff, Horak AWAY: Summers • DISCUSSION ITEMS 21. Items Relating to Electrical Assisted Bicycles. (Adopted on Second Reading) A. Second Reading of Ordinance No. 045, 2019, Enacting a Temporary Exemption from Certain Restrictions in Chapter 23 of the Code of the City of Fort Collins to Allow Electrical Assisted Bicycles on Paved Trails in City Natural Area and Recreation Areas. B. Second Reading of Ordinance No. 041, 2019, Amending Section 2106(2)(d) of the Fort Collins Traffic Code Relating to Electrical Assisted Bicycles. Ordinance No. 045, 2019, adopted on First Reading on March 19, 2019 by a vote of 6-1 (Nays: Cunniff) implements a one-year pilot period to allow Class 1 and Class 2 electrical assisted bicycles (e-bikes) on City paved trails. Ordinance No. 041, 2019, unanimously adopted on First Reading, updates the City Traffic Code to remove the outdated term “motorized bicycle”. In response to the growing popularity of e-bikes across the country, and the benefits e-bikes can provide to individuals and communities in terms of health, mobility, and environmental sustainability, staff recommends adoption of Ordinances allowing the use of Class 1 and Class 2 e-bikes on paved trails through a one-year pilot program. E-bikes are allowed on paved trails in most Colorado communities, including neighboring jurisdictions of Larimer County, Boulder County, Loveland, Longmont and Boulder. Eight Fort Collins City boards and commissions have voted in favor of a pilot program to allow e-bikes on paved trails in Fort Collins. Eric Sutherland stated Councilmembers continuously fail to abide by laws as members of Council. Rich Stave thanked Councilmembers for their service and expressed concern relating to there being no age limits, demonstration of competence, or liability requirements for E-bike users. E-bikes already have the use of bike lanes and public streets. Councilmember Cunniff stated no members of Council have violated the law. Mr. Sutherland's assertions of lawlessness are baseless. Councilmember Martinez made a motion, seconded by Councilmember Summers, to adopt Ordinance No. 045, 2019, on Second Reading. 1.4 Packet Pg. 65 Attachment: April 16, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) April 16, 2019 City of Fort Collins Page 119 RESULT: ORDINANCE NO. 045, 2019, ADOPTED ON SECOND READING [6 TO 1] MOVER: Ray Martinez, District 2 SECONDER: Ken Summers, District 3 AYES: Gutowsky, Martinez, Summers, Stephens, Troxell, Horak NAYS: Cunniff Councilmember Martinez made a motion, seconded by Councilmember Summers, to adopt Ordinance No. 041, 2019, on Second Reading. RESULT: ORDINANCE NO. 041, 2019, ADOPTED ON SECOND READING [6 TO 1] MOVER: Ray Martinez, District 2 SECONDER: Ken Summers, District 3 AYES: Gutowsky, Martinez, Summers, Stephens, Troxell, Horak NAYS: Cunniff 22. Items Relating to Solid Waste Programming and Infrastructure Improvements. (Adopted on First Reading) A. Resolution 2019-047 Authorizing the Execution of an Intergovernmental Agreement for Solid Waste Programming and Infrastructure Improvements. B. First Reading of Ordinance No. 063, 2019 Amending the Code of the City of Fort Collins to Direct Mixed Construction and Demolition Materials to the Future Larimer County Construction and Demolition Waste Processing Facility, Upon Its Completion. The purpose of this item is to consider joining an intergovernmental agreement (IGA) with Larimer County and other Regional Wasteshed Coalition partners for solid waste infrastructure proposed in a 2018 Larimer County Master Plan (Resolution 2019-047), and consider an ordinance directing all mixed loads of construction and demolition waste to a future County-owned sorting facility, once that facility is built (Ordinance No. 063, 2019). The proposed intergovernmental agreement with Larimer County provides a framework for collaboration between the parties that can lead to future infrastructure development. The agreement does not obligate the City to enact any specific policies and consideration of local diversion measures will be based on established principles of stakeholder engagement for innovation. Larimer County is obligated under the IGA to fund and construct new facilities if enough recyclable/compostable material is expected to reach them. Adopting the recommended building code changes would cause Larimer County to begin development of a sorting/recycling facility for construction and demolition waste. Jackie Kozak-Thiel, Chief Sustainability Officer, stated this item represents three years of work on the regional wasteshed effort, which began with the impending closure of the only publicly- owned landfill in northern Colorado. She thanked Mayor Troxell and Councilmember Cunniff for their work on the Policy Advisory Committee. Kozak-Thiel stated there are two items for Council consideration: a resolution that would execute the intergovernmental agreement which represents the final product of this process and a policy that would direct mixed loads of construction and demolition debris to a future facility to be built by Larimer County. 1.4 Packet Pg. 66 Attachment: April 16, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) April 16, 2019 City of Fort Collins Page 120 Honoré Depew, Project Manager, discussed the process that has resulted in a master plan for solid waste infrastructure that was adopted by Larimer County last December. He stated five facilities are recommended in the first tier of the master plan: a new County landfill to be located in the north part of the County, a central transfer station to continue receiving trash from residents and businesses, composting facilities for yard trimmings and food scraps, and a construction and demolition waste processing and sorting facility. Depew detailed the action items before Council. He noted the Building Code relating to construction and demolition debris would change now; however, it would not become effective until the facility is open. The regulation would apply to the same size of projects as does the current Building Code requiring the separation of four recyclable materials: metal, wood, cardboard, and aggregates. The new system would be an all-in-one bin approach which is expected to lower net costs for builders. Depew noted Larimer County and the City of Loveland have adopted the intergovernmental agreement (IGA), Estes Park is considering it next week, and Wellington is anticipating considering it in the future. He outlined the public involvement process and stated all boards and commissions that provided feedback endorsed the changes. Depew noted all private collection services in the community are critical partners for future solutions and stated seven meetings were held exclusively with haulers to work through their concerns, including future impacts of transfer truck traffic and a suggestion to continue using the current landfill with an expansion to the south. Depew stated the City's traffic engineers have assessed the proposed travel routes and determined the increased traffic to be nominal and there are various reasons the current landfill cannot continue to be used. Alan Braslau, Fort Collins Sustainability Group, supported adoption of these items citing their importance in moving toward the City's climate action goals. Rich Stave expressed concern about extra truck traffic. Nancy DuTeau supported adoption of these items. Victoria Halligan supported adoption of these items as important steps to achieve the 2020 goal of 75% diversion. Kevin Henry, Fort Collins Sustainability Group, commended Mayor Pro Tem Horak on his service and supported adoption of these items. Nancy York supported adoption of these items. Dave Nebble supported adoption of these items noting there is no capital expenditure for the City. Brian Woodruff supported adoption of these items. Kevin Cross acknowledged Mayor Pro Tem Horak and Councilmember Martinez for their service and supported adoption of these items. Mayor Troxell stated the meeting requested by trash haulers was related to basic concerns about truck traffic and some assumptions built in to the current landfill. Questions were answered and he noted the haulers are supportive of the City's goals. Councilmember Cunniff concurred. 1.4 Packet Pg. 67 Attachment: April 16, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) April 16, 2019 City of Fort Collins Page 121 Councilmember Summers stated the city's haulers are committed to environmental concerns and some of their concerns were related to changes not being in the best interest of the environment. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2019-047. Councilmember Martinez asked why the City's truck estimates varied from the haulers' estimates. Depew replied the impacts were overstated in terms of the context of the other traffic trips along those roads. Councilmember Martinez asked if the haulers' concerns were alleviated. Kozak-Thiel replied there may be concerns that persist around some of the elements of policies that could come later; however, many issues were clarified and the haulers were satisfied with the outcome related to the transfer truck routes. Councilmember Summers asked about the plan to evaluate the effectiveness of these changes. Deputy City Manager Mihelich replied the information is currently based on projections; however, excellent data will be garnered once the facilities are open as all materials will be weighed. Councilmember Gutowsky asked about the difference between demolition and deconstruction. Depew replied deconstruction is a slower, more intentional process that leads to greater preservation of materials. Councilmember Gutowsky asked if there are plans to market what is gained. Depew replied the materials that would move through the facilities will be marketed under the Larimer County Solid Waste Enterprise Fund. Councilmember Cunniff noted homeowner's associations have the ability to contract with a single provider for these services. Mayor Pro Tem Horak noted a number of the proposed routes are going through residential neighborhoods and encouraged the use of I-25. He recognized Stephen Gilette and other County staff for setting up an appropriate rate structure that has created a fund balance able to fund this project. Councilmember Stephens commented on traffic on Trilby Road and requested that is considered moving forward. Councilmember Cunniff noted this is a legacy project for the region. Mayor Troxell commended the collaboration on this issue. RESULT: RESOLUTION 2019-047 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Gutowsky, Martinez, Summers, Stephens, Troxell, Cunniff, Horak 1.4 Packet Pg. 68 Attachment: April 16, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) April 16, 2019 City of Fort Collins Page 122 Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 063, 2019, on First Reading. Mayor Pro Tem Horak acknowledged Brian Woodruff as being the first environmental professional for the City. Mayor Troxell commended this item as falling in line with the City's sustainability efforts and thanked private sector partners. Councilmember Martinez commended the work with the County and thanked Gallegos Sanitation for their participation. RESULT: ORDINANCE NO. 063, 2019, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Gutowsky, Martinez, Summers, Stephens, Troxell, Cunniff, Horak (Secretary's Note: The Council took a brief recess at this point in the meeting.) 23. Items relating to the Adoption of City Plan and the Transit Master Plan. (Adopted) A. Resolution 2019-048 Adopting an Updated City Plan, the City’s Comprehensive Plan. B. Resolution 2019-049 Adopting the Transit Master Plan. The purpose of this item is to request adoption for two important community vision and policy documents: City Plan and the Transit Master Plan. City Plan is Fort Collins’ comprehensive and transportation master plan, illustrating the community’s vision for the future and providing policy and implementation recommendations to guide development and transportation over the next twenty years. The Transit Master Plan was developed alongside City Plan and provides more specific information on the long-range vision and strategy for transit service in Fort Collins. Staff will provide highlights from both plans including what is new, revised, or reemphasized as compared to the existing version of City Plan adopted in 2011. Staff will also outline key implementation actions and strategies recommended to support the proposed policy direction in both plans. Laurie Kadrich, Planning, Development, and Transportation Director, thanked Council and the community for input and support and commended staff team on its work. Cameron Gloss, Planning Director, noted these changes eliminate the Transportation Master Plan from being a stand-alone document, combines it with the traditional Comprehensive Plan, and adds a companion document specifically for transit, the Transit Master Plan. He noted the number of policies in the document was cut in half while still increasing the scope. Gloss detailed the results of the public outreach process, stating it included a greater emphasis on social aspects of the community. He noted two changes to the Environmental Health section: moving Natural Areas into the category and recognizing Dark Skies protection within the category. Gloss commended the City Plan team on its work. 1.4 Packet Pg. 69 Attachment: April 16, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) April 16, 2019 City of Fort Collins Page 123 Kevin Jones, Fort Collins Area Chamber of Commerce, recommended Council adopt City Plan but without the recently added section on Dark Skies. He expressed concern about adding the section without it receiving full vetting. Cari Brown, ARC of Larimer County, a community partner in the City Plan effort, thanked Council and staff and expressed support for the adoption of City Plan. Nancy DuTeau commended the document and requested it be used as a roadmap to assist in making difficult decisions related to limited resources. Councilmember Cunniff thanked staff and the community and noted Council unanimously adopted a resolution in 2016 expressing support for the Night Sky Initiative. He asked if that resolution was the basis for the Dark Skies addition. Gloss replied it helped inform the policy language. Councilmember Cunniff stated he has heard some concerns about wording being left out that might imply a hard and fast commitment to something that is not implied. He noted the Dark Skies certification was intended to be for natural areas only and he would be fine changing the language as appropriate to reflect that. Gloss noted changes to the language to use words such as 'consider' have been made. Councilmember Martinez asked if Night Skies was always part of the City Plan discussion. Gloss replied it was mentioned in a limited fashion in earlier drafts; however, this particular section was only added recently. Councilmember Martinez stated citizens have expressed concerns related to this issue and do not think is has been vetted equally with the rest of the Plan. He suggested perhaps it should be considered as a stand alone item as it is not a true representation of what was fully vetted. Councilmember Stephens stated Council has discussed Night Skies and there is a web page on it. She suggested language deemed too prescriptive could be adjusted, but she did not oppose leaving the topic in the Plan. Councilmember Summers stated he does not have an issue with the inclusion of the topic with certain language changes. Councilmember Cunniff stated changes of this scale has occurred between each of the Plan drafts and he agreed with Councilmember Summers suggestion to strike 9D. Mayor Pro Tem Horak discussed the equity in transportation issue and discrepancies among some of the provided information. Paul Sizemore, FC Moves, replied the Transit Plan is very focused on access to fixed-route and high-frequency transit and the broader City Plan discussion of equity draws on other sources, including the 2014 Social Sustainability Gaps Analysis that looks at broad access to transportation options and the way that can disproportionately impact vulnerable communities. He suggested the topics could be reconciled by adding language in City Plan to refer to the data point in the Transit Master Plan and acknowledging the high levels of access to fixed- route and high-frequency transit in comparison to the general population. Mayor Pro Tem Horak stated that is a good start; however, he still had issues with the discrepancy and suggested goals need to be included rather than just generalities. 1.4 Packet Pg. 70 Attachment: April 16, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) April 16, 2019 City of Fort Collins Page 124 Councilmember Cunniff stated he is comfortable with the changes suggested. Councilmember Martinez asked if the goal is to increase headway for Transfort. Aaron Iverson, Senior Transportation Planner, replied the goal is for all routes to have headways less than 30 minutes. Councilmember Summers asked about the affordable housing item related to zero percent of the median income. Councilmember Cunniff replied the Housing Catalyst administers the federal housing voucher program which can provide housing to individuals with zero income. Councilmember Summers suggested there may be a better way to itemize the income requirement categories. Councilmember Cunniff agreed the language could be clarified. Gloss suggested some language changes for the income categories. Councilmember Martinez asked about the projected cost of the three new routes. City Manager Atteberry stated Fort Collins does develop aspirational plans without fully-funded solutions. Mayor Pro Tem Horak suggested costs should be associated with the different levels of service. City Manager Atteberry suggested possibly including short, mid, and long-term goals rather than goals with specific timelines. City Manager Atteberry stated he would like to see Council move forward with the caveat the language is tightened up in regard to what has been discussed. Councilmember Cunniff made a motion, seconded by Councilmember Summers, to adopt Resolution 2019-048, adding a direction to the City Manager to make the following changes: modifying the income qualifications on page 36, incorporating the charts from the Transit Master Plan and adjusting the language to make it clear what the current situation is and what the actual gaps are in Fort Collins on page 198, modifying page 237 to strike policy 9D, updating 9F to say 'consider updates to the Land Use Code,' adding 'consider pursuit of Natural Areas certification from an independent body' and striking International Dark Sky Association or other entities, and including the log of changes provided by staff. Councilmember Gutowsky complimented staff and Council on their work and recognized former Councilmember Overbeck for his work. Councilmember Martinez stated he would support the motion but with the clear understanding he objects to the Night Sky item being included as he feels the rest of the document is outstanding. Councilmember Stephens thanked staff for their work and commended the ambassadors and community partners for their assistance. Mayor Troxell commended staff on their work and commended Council on their work this evening. Councilmember Cunniff commended the formation of the document. Mayor Troxell congratulated City Manager Atteberry and the City team. 1.4 Packet Pg. 71 Attachment: April 16, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) April 16, 2019 City of Fort Collins Page 125 RESULT: RESOLUTION 2019-048 ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Ken Summers, District 3 AYES: Gutowsky, Martinez, Summers, Stephens, Troxell, Cunniff, Horak Councilmember Cunniff made a motion, seconded by Councilmember Stephens, to adopt Resolution 2019-049, with direction to the City Manager to modify pages 86 and 87, and any necessary conforming changes, to eliminate a specific time horizon and to make it clear this is a near-term plan that is not definitive, and moving the section regarding costs to a more prominent location to make it clear the options will cost $21 million, and including the log of changes provided by staff. Mayor Pro Tem Horak discussed the importance of having levels of service based on the equity lens. Mayor Troxell agreed. RESULT: RESOLUTION 2019-049 ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Kristin Stephens, District 4 AYES: Gutowsky, Martinez, Summers, Stephens, Troxell, Cunniff, Horak 24. Public Hearing and Resolution 2019-050 Approving the Consolidated Service Plan for the Mulberry Metropolitan District Nos. 1-6. (Adopted) The purpose of this item is for City Council to consider approval of the Mulberry Metropolitan District Nos. 1 through 6 Consolidated Service Plan (the “Service Plan”). The developer of the proposed Mulberry Development has submitted the Service Plan to support the proposed development of approximately 226 acres located in the northeast portion of the Fort Collins community near I-25 on the Mulberry Corridor. The development is anticipated to include 1,600 residential units, up to 80,000 square feet of office, and up to 160,000 square feet of retail. The project has committed to provide 15 percent of housing units in a mix of for rent and for sale affordable housing. A mill levy capped at 50.00 mills has been proposed to support the funding of certain public improvements for the project. As per the Council’s Metro District Policy, proceedings for a public hearing for a Metro District public hearing are as follows: 1. Announcement of item; 2. Consideration of procedural issues (if any); 3. Explanation of the application by City staff; 4. Presentation by the applicant (15 minutes); 5. Public testimony regarding the application; 6. Rebuttal testimony by the applicant; 7. Councilmember questions of City staff and the applicant; and 8. Motion, discussion and vote by City Council. Mayor Troxell outlined the hearing process. Landon Hoover introduced himself as the applicant. Josh Birks, Economic Health Director, introduced Rachel Rogers as a new member of Economic Health. He discussed the timeline of this metro district application, noting the election for this metro district will not occur until November. The metro district will have over 1,600 residential units and is expected to take nine or ten years to fully develop out. The applicant has committed 1.4 Packet Pg. 72 Attachment: April 16, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) April 16, 2019 City of Fort Collins Page 126 to providing 15% affordable units, 40 of which will be for sale and 200 of which will be apartments for rent, and a certain amount of solar. Birks discussed the public benefits of the project, including a non-potable water system and landscape design to encourage pollinator quarters. He stated the City's policy includes two major protections for City citizens: that no debt mill can be used until a development agreement or intergovernmental agreement is approved by City Council that secures the public benefits described in the service plan and, if that agreement is not reached within three years, Council may, at its choice, begin the proceedings to dissolve the district, requiring the process to start over. Birks stated staff recommends adoption of this resolution. Mr. Hoover, Hartford Homes, supported the City's efforts to annex the East Mulberry corridor and stated his project can provide a gateway and set a standard for redevelopment along the corridor. He discussed the other projects his company has completed in the area noting his goal is to use innovation to attain affordability; however, he stated his company is struggling to deliver this project at 100% AMI and a significant shift to the cost structure is necessary to make the development affordable. He stated the metro district helps accomplish this. Councilmember Cunniff commended the changes made resulting from the Finance Committee's evaluation. He asked if the median mil levy cost is approximately $100 a month. Birks replied in the affirmative and stated there are monthly costs ranging from just over $30 a month to approximately $150 a month. He noted affordable units are priced to include all principal, interest, taxes and insurance; therefore, the maximum sales price inside a metro district is lower than it would be outside a metro district. Councilmember Cunniff asked if the Habitat for Humanity participation is unique. Birks replied other metro districts have not had an agreement with Habitat secured at the time of service plan approval. Councilmember Cunniff expressed concern about the 50 mils and asked about options that include a contract for land bank reservation of acreage. Birks replied a sale to the land bank requires its use for affordable housing unless Council makes an exception. He also noted those questions must have firmer answers prior to the development agreement coming before Council. Mr. Hoover noted this property is in a qualified census tract for HUD financing, which allows for tax credits. The property is also an opportunity zone that can spur investment dollars and noted the intent is to provide the affordable units through a private party using those opportunities. Councilmember Cunniff stated he will have a standing concern related to the assurance of delivering on affordable housing outcomes. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Resolution 2019-050. Councilmember Stephens thanked the Finance Committee for increasing the affordable component to 15%. She stated a metro district that is helping achieve housing affordability goals is important. Councilmember Martinez agreed. Mayor Troxell thanked Mr. Hoover and stated the project will be impactful for the Mulberry corridor and affordable housing in the community. 1.4 Packet Pg. 73 Attachment: April 16, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) April 16, 2019 City of Fort Collins Page 127 RESULT: RESOLUTION 2019-050 ADOPTED [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Gutowsky, Martinez, Summers, Stephens, Troxell, Horak NAYS: Cunniff Motion to Extend the Meeting past 10:30 PM Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to suspend the rules to continue the meeting past 10:30 PM to cover the remaining agenda items. RESULT: ADOPTED [5 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Gutowsky, Stephens, Troxell, Cunniff, Horak NAYS: Martinez AWAY: Summers 25. Resolution 2019-051 Approving a Development Agreement to Secure Public Benefits for Development of the Waterfield Fourth Filing. (Adopted) The purpose of this item is to approve the Waterfield Development Agreement to Secure Public Benefits (the “Development Agreement”), in accordance with the Consolidated Service Plan for Waterfield Metropolitan Districts Nos. 1-3, approved by City Council on September 18, 2018 (the “Service Plan”). Staff has completed its review of the Development Agreement to ensure it conforms to the Service Plan. Josh Birks, Economic Health Director, stated this item relates to a development agreement that would secure the public benefits described in the Waterfield service plan that was approved by Council last September. He stated the project is near Timberline and Vine, consists of 500 units with 50 affordable units, and various community benefits. He stated the development agreement has limitations on when permits can be issued and when certificates of occupancy can be issued based on the performance of the developer against the items that were promised in the service plan. Birks stated the development agreement conforms with the public benefits that were outlined in the service plan and adopted last September; therefore, staff is recommending adoption of the resolution. Lucia Liley, Waterfield counsel, requested support of the resolution. Eric Sutherland questioned how the terms of the development agreement are enforceable. Mayor Pro Tem Horak requested staff respond to Mr. Sutherland's question. John Duvall, Deputy City Attorney, replied the development agreement is constructed so that there are triggers for satisfying requirements before a certain number of permits would be granted. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Resolution 2019-051. Councilmember Cunniff asked about legally enforceable reservation of lots. Duvall replied building permits will not be issued unless requirements can be satisfied relating to affordable units being affordable. 1.4 Packet Pg. 74 Attachment: April 16, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) April 16, 2019 City of Fort Collins Page 128 Councilmember Cunniff expressed concern a number of lots could be set aside resulting in zero affordable units. Birks replied that is not staff's intent, nor the developer's intent and noted the lots will have to be developed at some point in the future as affordable. Councilmember Martinez requested Ms. Liley make a clarifying point. Ms. Liley replied the main intention is for the developer to actually develop these lots; however, this is an attempt to provide some alternative arrangements as affordable housing is difficult. The intent of the restrictive covenant is to ensure these lots are developed only as affordable housing when the timing is appropriate. RESULT: RESOLUTION 2019-051 ADOPTED [5 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Gutowsky, Martinez, Stephens, Troxell, Horak NAYS: Cunniff AWAY: Summers Motion to Elect Mayor Pro Tem Mayor Troxell outlined the role of the Mayor Pro Tem and recommended a process for the election. Eric Sutherland stated no legislative body can legislate an absurd result and stated this item contemplates an absurd result as the Councilmembers yet to be seated cannot be considered for the position. Mayor Troxell clarified this item addressed the currently seated Council. Councilmember Martinez asked if there is any merit to Mr. Sutherland's comments. City Attorney Daggett replied Council may want to consider presenting to voters a modification to one or the other of the Charter provisions that relate to the organization of the Council after the election. She stated next week's swearing-in is also being conducted in a manner that is consistent with the clear language of the Charter. Councilmember Cunniff made a motion, seconded by Councilmember Stephens, to elect Gerry Horak to serve as Mayor Pro Tem. RESULT: ADOPTED [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Gutowsky, Martinez, Stephens, Troxell, Cunniff, Horak AWAY: Summers 1.4 Packet Pg. 75 Attachment: April 16, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) April 16, 2019 City of Fort Collins Page 129 • CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 27. Second Reading of Ordinance No. 051, 2019, Amending Section 8-161 of the Code of the City of Fort Collins to Add an Exception to the Competitive Purchasing Process for Purchases of Video Content Licensing. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on March 19, 2019, amends City Code to create a limited exception to the competitive bid and purchasing process for the purchase of video content licensing and services, as needed for delivery of video services by Fort Collins Connexion. To provide video services, Fort Collins Connexion must secure license agreements with local channels, national networks, and independent content producers. While most video content will be acquired through membership in the National Cable Television Cooperative (NCTC), there are some channels, groups of channels, and networks that will require direct individual license negotiations. Eric Sutherland questioned the City's marketing efforts for Connexion stating cost is the most important aspect. He questioned why private label video content services are being considered. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 051, 2019, on Second Reading. Councilmember Cunniff noted the adoption of this ordinance does not preclude any other pricing strategies. RESULT: ORDINANCE NO. 051, 2019, ADOPTED ON SECOND READING [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Gutowsky, Martinez, Stephens, Troxell, Cunniff, Horak AWAY: Summers • OTHER BUSINESS Consideration of a motion to call a special Council meeting for 6:00 p.m., Tuesday, April 23, 2019 for the Council Organizational Meeting. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, pursuant to Section 2-29(a) of the City Code, that the Council call a special meeting of the Council to take place on Tuesday, April 23, 2019, at 6:00 p.m. for the following purposes: 1. Swearing in of Mayor and New Councilmembers; 2. Consideration of Resolutions regarding outgoing Councilmembers; 3. Election of Mayor Pro Tem; and 4. Consideration of appointments to Platte River Power Authority Board and the Boxelder Basin Regional Stormwater Authority. RESULT: ADOPTED [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Gutowsky, Martinez, Stephens, Troxell, Cunniff, Horak AWAY: Summers 1.4 Packet Pg. 76 Attachment: April 16, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) April 16, 2019 City of Fort Collins Page 130 • ADJOURNMENT The meeting adjourned at 11:05 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.4 Packet Pg. 77 Attachment: April 16, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) City of Fort Collins Page 131 April 23, 2019 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Special Meeting – 6:00 PM • ROLL CALL PRESENT: Gutowsky, Martinez, Summers, Stephens, Troxell, Cunniff, Horak, Pignataro, Gorgol Staff Present: Atteberry, Daggett, Coldiron • OUTGOING COUNCILMEMBER COMMENTS Councilmember Martinez thanked his fellow Councilmembers and commended their service on Council. He stated it has been an honor to serve the community and he commended City leadership and staff. Mayor Pro Tem Horak thanked his constituents and stated it is an honor to serve on Council. He expressed appreciation for fellow and former Councilmembers. He congratulated the newly- elected members. • OATHS OF OFFICE - Newly Elected Mayor and Councilmembers City Clerk Coldiron administered the Oaths of Office to Councilmembers Gutowsky, Pignataro, Stephens, Gorgol and Mayor Troxell. • NEWLY ELECTED COUNCILMEMBERS WERE SEATED • DISCUSSION ITEMS 1. Consideration of a Motion to Elect a Mayor Pro Tem. Mayor Troxell outlined the duties of the Mayor Pro Tem and proposed a process for electing a Mayor Pro Tem. Anne Cleary supported Councilmember Cunniff for the Mayor Pro Tem position. Kevin Harper supported Councilmember Cunniff for the Mayor Pro Tem position. Jennifer Williams supported Councilmember Stephens for the Mayor Pro Tem position. Ron Lautzenhizer supported Councilmember Stephens for the Mayor Pro Tem position. Mel Hilgenberg thanked Mayor Pro Tem Horak and Councilmember Martinez for their service and supported Councilmember Gorgol for the Mayor Pro Tem position. Ray Martinez supported Councilmember Stephens for the Mayor Pro Tem position. Councilmembers Cunniff and Stephens expressed interest in the Mayor Pro Tem position. Councilmember Gorgol made a motion, seconded by Councilmember Summers, to nominate Councilmember Stephens for Mayor Pro Tem. 1.5 Packet Pg. 78 Attachment: April 23, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) April 23, 2019 City of Fort Collins Page 132 Councilmember Pignataro stated Councilmembers Stephens and Cunniff have very different strengths but stated she would not support the motion. Councilmember Gutowsky made a motion, seconded by Councilmember Pignataro, to amend the motion to replace Councilmember Stephens with Councilmember Cunniff. Councilmember Cunniff discussed his experience, including 14 years in elected office. Councilmember Stephens thanked those who spoke in support of her nomination and stated having women in leadership positions is important. She stated she always attempts to make independent decisions and prides herself on listening to constituents and fellow Councilmembers. Councilmember Gutowsky thanked Councilmember Stephens for her support to this point and stated she would be happy to have her as Mayor Pro Tem. She discussed Councilmember Cunniff's service on the School Board and expressed support for his nomination. Mayor Troxell expressed support for Councilmember Stephens' nomination. The vote on the motion to amend was as follows: Yeas: Pignataro, Gutowsky, Cunniff. Nays: Gorgol, Troxell, Stephens and Summers. THE MOTION FAILED. Councilmember Cunniff stated he would support Councilmember Stephens for Mayor Pro Tem and stated she is very qualified. Councilmember Gutowsky stated she is looking forward to working with Councilmember Stephens as Mayor Pro Tem. Mayor Troxell thanked Councilmembers Cunniff and Stephens and stated he is looking forward to working with Councilmember Stephens. RESULT: ADOPTED [UNANIMOUS] MOVER: Emily Gorgol, District 6 SECONDER: Ken Summers, District 3 AYES: Gutowsky, Pignataro, Summers, Stephens, Troxell, Cunniff, Gorgol 2. Resolution 2019-052 Expressing Gratitude and Appreciation to Ray Martinez for his contributions to the Community as a Councilmember. (Adopted) Noah Hutchison thanked Mr. Martinez for his support and love of the community. He congratulated Councilmember Pignataro and the other newly-elected Councilmembers. Mayor Troxell read the Resolution of appreciation for Ray Martinez. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt Resolution 2019-052. Councilmember Summers thanked Mr. Martinez for his service and commitment to the city of Fort Collins. 1.5 Packet Pg. 79 Attachment: April 23, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) April 23, 2019 City of Fort Collins Page 133 Councilmember Stephens commended Mr. Martinez for his compassion and desire to care for those in the community who are struggling. Mayor Troxell thanked Mr. Martinez for his service to Fort Collins. RESULT: RESOLUTION 2019-052 ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ken Summers, District 3 AYES: Gutowsky, Pignataro, Summers, Stephens, Troxell, Cunniff, Gorgol 3. Resolution 2019-053 of the Council of the City of Fort Collins Expressing Gratitude and Appreciation to Gerry Horak for his contributions to the Community as Mayor Pro Tem. (Adopted) Mayor Troxell read the Resolution of appreciation for Gerry Horak. Adam Eggleston commended Mr. Horak on his communication, sense of humor, and service. Colin Garfield thanked Mr. Horak for his support of the City's broadband efforts. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2019-053. Councilmember Cunniff commended Mr. Horak on his ability to challenge assumptions and serve the community. Councilmember Summers expressed appreciation for Mr. Horak's perspectives and contributions to local government. Councilmember Gorgol commended Mr. Horak on his knowledge, service to the community, and mentorship. Mayor Pro Tem Stephens commended Mr. Horak on his knowledge and ability to listen to all the voices in the community. Mayor Troxell commended Mr. Horak’s service as Mayor Pro Tem and commitment to citizens. RESULT: RESOLUTION 2019-053 ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Gutowsky, Pignataro, Summers, Stephens, Troxell, Cunniff, Gorgol 4. Resolution 2019-054 Making Appointments to the Platte River Power Authority Board and the Boxelder Basin Regional Stormwater Authority Board. (Adopted) The purpose of this item is for Council to consider making assignments to the Platte River Power Authority Board and the Boxelder Basin Regional Stormwater Authority Board. 1.5 Packet Pg. 80 Attachment: April 23, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) April 23, 2019 City of Fort Collins Page 134 Mayor Troxell stated these appointments are being made on an interim basis due to meeting schedules. Councilmember Cunniff expressed interest in the Platte River Power Authority. Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Stephens, to adopt Resolution 2019-054, appointing Ross Cunniff to the Platte River Power Authority Board and Gerry Horak to the Boxelder Basin Regional Stormwater Authority. RESULT: RESOLUTION 2019-054 ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Kristin Stephens, District 4 AYES: Gutowsky, Pgnataro, Summers, Stephens, Troxell, Cunniff, Gorgol • ADJOURNMENT The meeting adjourned at 7:19 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.5 Packet Pg. 81 Attachment: April 23, 2019 (7943 : minutes-3/5, 3/19, 3/26, 4/16, 4/23) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY May 7, 2019 City Council STAFF Chris Martinez, Financial & Policy Analyst Amanda King, Communications/Public Involvement Director Jim McDonald, Cultural Services Director Jody Hurst, Legal SUBJECT Second Reading of Ordinance No. 059, 2019, 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. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on April 16, 2019, appropriates $667,926, of which $240,792 is proposed for 2019 Cultural Development and Programming Activities (Fort Fund), $28,558 is proposed for 2019 Tourism Programming (Fort Fund), and $398,576 is proposed for 2019 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 2018 was $569,394 above projected collections. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, April 16, 2019 (PDF) 2. Ordinance No. 059, 2019 (PDF) 2 Packet Pg. 82 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY April 16, 2019 City Council STAFF Chris Martinez, Financial & Policy Analyst Amanda King, Communications/Public Involvement Director Jim McDonald, Cultural Services Director Jody Hurst, Legal SUBJECT First Reading of Ordinance No. 059, 2019, 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. EXECUTIVE SUMMARY The purpose of this item is to appropriate $667,926, of which $240,792 is proposed for 2019 Cultural Development and Programming Activities (Fort Fund), $28,558 is proposed for 2019 Tourism Programming (Fort Fund), and $398,576 is proposed for 2019 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 2018 was $569,394 above projected collections. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Section 25-44 of the City Code requires that 75% of the total lodging tax receipts be used for the promotion of convention and visitor activities in the City and 25% of receipts be used for cultural development and programming activities in the City. Actual revenue collected is appropriated based on this allocation formula and any excess revenue and budget savings are reserved for these activities in the General Fund. Pursuant to a contract with the Fort Collins Convention and Visitors Bureau (FCCVB), the City has paid a portion of lodging tax receipts to the FCCVB since 2011 for delivery of convention and visitors programming services in furtherance of the City Code requirement. The amount due for convention and visitors programming is appropriated based on prior year receipts and paid annually to FCCVB after the close of the prior tax year. When actual lodging tax receipts exceed the anticipated amount appropriated for cultural development and programming activities, the City also appropriates additional funds and adjusts the amount allocated for those activities in the year following the year in which the tax is collected. Appropriated lodging tax revenues remaining unspent at the end of the tax year lapse into the General Fund and may be appropriated the following year for the same purposes as they were originally appropriated. ATTACHMENT 1 2.1 Packet Pg. 83 Attachment: First Reading Agenda Item Summary, April 16, 2019 (7951 : SR 059 Lodging Tax) Agenda Item 11 Item # 11 Page 2 The actual tax revenue collected during the 2018 tax year, as determined March 2019, was $569,394 more than the Lodging tax revenue anticipated and appropriated for expenditure in 2018. Accordingly, upward adjustments to the 2019 appropriations under Section 25-44 of the City Code are required. In addition, Budget staff has recommended unspent appropriations for convention and visitor activities and cultural development and programming activities that lapsed into the General Fund in 2018 be re-appropriated in 2019 for the same purposes as originally appropriated. These appropriation adjustments are described below. CITY FINANCIAL IMPACTS Section 25-44 of the City Code: 25% Promote Cultural Development & Programming 503200 503202 503201 Lodging Tax Convention & Visitors Bureau 70% Fort Fund (Tourism Programming) 5% Fort Fund (Cultural Development & Programming) 25% Total Unanticipated Lodging Tax 398,576 28,470 142,348 569,394 Unspent Appropriations 0 88 98,444 98,532 Total of Unanticipated Lodging Tax and Unspent Appropriations Available for 2019 $ 398,576 $ 28,558 $ 240,792 $ 667,926 75% Promote Convention & Visitor Activities 2.1 Packet Pg. 84 Attachment: First Reading Agenda Item Summary, April 16, 2019 (7951 : SR 059 Lodging Tax) -1- ORDINANCE NO. 059, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS 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 WHEREAS, Section 25-244 of the Code of the City of Fort Collins requires that lodging tax revenue is to be allocated as follows: 75% for the promotion of convention and visitor activities and 25% for cultural development and programming activities; and WHEREAS, Lodging Tax revenue was estimated at $1,224,300 for 2018 and appropriated; and WHEREAS, at the end of 2018, a total of $1,793,694 in Lodging Tax revenues had been collected and the unspent portions lapsed into the General Fund Reserves for Lodging Tax programs and activities; and WHEREAS, unanticipated Lodging Tax revenue in the amount of $569,394 held in the General Fund Reserves is to be appropriated for each of the Lodging Tax programs and activities as follows:  Cultural Development and Programming $142,348  Tourism Programming $28,470  Fort Collins Convention and Visitors Bureau $398,576; and WHEREAS, unexpended 2018 appropriations of Lodging Tax revenue in the amount of $98,532 have lapsed and were returned to the General Fund, and are to be appropriated for Lodging Tax programs and activates based on the use specified when they were first appropriated, as follows:  Cultural Development and Programming $98,444  Tourism Programming $ 88; and WHEREAS, the total additional 2019 appropriations are $667,926 to make the full payment to the Fort Collins Convention and Visitors Bureau under its agreement with the City and the Fort Fund Cultural Development and Programming account; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the General Fund and will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be 2.2 Packet Pg. 85 Attachment: Ordinance No. 059, 2019 (7951 : SR 059 Lodging Tax) -2- available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of promoting visitor activity as well as cultural development and programming activities; and WHEREAS, the City wishes to appropriate funds allocated for Cultural Development and Programming, Tourism Programming, and the Fort Collins Convention and Visitors Bureau. 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 prior year reserves in the General Fund the total sum of TWO HUNDRED FORTY THOUSAND SEVEN HUNDRED NINETY-TWO DOLLARS ($240,792) for Cultural Development and Programming activities. Section 3. That there is hereby appropriated for expenditure from prior year reserves in the General Fund the total sum of TWENTY-EIGHT THOUSAND FIVE HUNDRED FIFTY- EIGHT DOLLARS ($28,558) for Tourism Programming. Section 4. That there is hereby appropriated for expenditure from prior year reserves in the General Fund the total sum of THREE HUNDRED NINETY-EIGHT THOUSAND FIVE HUNDRED SEVENTY-SIX DOLLARS ($398,576) for the Fort Collins Convention and Visitors Bureau. Introduced, considered favorably on first reading, and ordered published this 16th day of April, A.D. 2019, and to be presented for final passage on the 7th day of May, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 86 Attachment: Ordinance No. 059, 2019 (7951 : SR 059 Lodging Tax) -3- Passed and adopted on final reading on the 7th day of May, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 87 Attachment: Ordinance No. 059, 2019 (7951 : SR 059 Lodging Tax) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY May 7, 2019 City Council STAFF Kyle Lambrecht, Civil Engineer Timothy Kemp, Civil Engineer III Chris Van Hall, Legal SUBJECT Second Reading of Ordinance No. 060, 2019, Making Appropriations and Authorizing Transfers of Appropriations for the Suniga Road Improvements Project and Related Art in Public Places. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on April 16, 2019, appropriates $170,550 into the Capital Project Fund for the Suniga Road Improvements Project. The City collected these funds as payment in lieu for a development’s local street frontage improvements associated with Suniga Road. In addition, this item will authorize the transfer of $1,705, 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 construct Suniga Road to the City’s four-lane arterial roadway standards between North College Avenue and Blondel Street as identified on the City’s Master Street Plan. Improvements include raised, protected bike lanes, pedestrian facilities, transit facilities, utility infrastructure, roadway improvements, and landscaped medians and parkways. The project will complement the existing section of Suniga Road, providing connectivity for surrounding developments from North College Avenue to Redwood Street. This project was approved during the 2017/2018 Budgeting for Outcomes (BFO) process and will be constructed this year. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, April 16, 2019 (PDF) 2. Location map (PDF) 3. Ordinance No. 060, 2019 (PDF) 3 Packet Pg. 88 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY April 16, 2019 City Council STAFF Kyle Lambrecht, Civil Engineer Timothy Kemp, Civil Engineer III Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 060, 2019, Making Appropriations and Authorizing Transfers of Appropriations for the Suniga Road Improvements Project and Related Art in Public Places. EXECUTIVE SUMMARY The purpose of this item is to appropriate $170,550 into the Capital Project Fund for the Suniga Road Improvements Project. The City collected these funds as payment in lieu for a development’s local street frontage improvements associated with Suniga Road. In addition, this item will authorize the transfer of $1,705, 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 construct Suniga Road to the City’s four-lane arterial roadway standards between North College Avenue and Blondel Street as identified on the City’s Master Street Plan. Improvements include raised, protected bike lanes, pedestrian facilities, transit facilities, utility infrastructure, roadway improvements, and landscaped medians and parkways. The project will complement the existing section of Suniga Road, providing connectivity for surrounding developments from North College Avenue to Redwood Street. This project was approved during the 2017/2018 Budgeting for Outcomes (BFO) process and will be constructed this year. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Suniga Road Improvements Project was initiated in 2017 as a result of receiving community support and funding as part of the 2017/2018 BFO process. This project will extend the existing segment of Suniga Road from Blondel Street to North College Avenue, providing significant multimodal and vehicular connectivity to the City’s roadway network. Planned improvements include:  Raised, protected bike lanes  Pedestrian facilities  Landscaped parkways  Two lanes of travel in both directions  Raised, landscaped medians  Utility infrastructure improvements Construction is scheduled to begin in the spring 2019, and completed in late summer 2019. The total project budget is $3.8M, with $2.2M being awarded through the 2017/2018 Budgeting for Outcomes (BFO) process. An additional $1.5M of Transportation Capital Expansion Fund (TCEF) and Transportation ATTACHMENT 1 3.1 Packet Pg. 89 Attachment: First Reading Agenda Item Summary, April 16, 2019 (7952 : SR 060 Suniga Road Project) Agenda Item 12 Item # 12 Page 2 Reserves was appropriated as part of Ordinance No. 079, 2018. The use of TCEF funds to support this project is appropriate as the project will increase the vehicular and multimodal capacity within the North Fort Collins area. In certain cases, the City will have an opportunity to partner with development to construct roadway segments benefitting both the City and the developer. If the City has a planned project which will improve a development’s frontage, the City will collect a payment in lieu of construction from the developer. The amount collected is the anticipated cost to construct the local street frontage. This item will appropriate $170,550 in unanticipated revenue, collected as payment in lieu from the Crowne at Old Town North development for its local street frontage within the project limits. Per City Code Section 23-304, all appropriations for construction projects estimated to cost over $250,000 shall include an amount equal to one percent of the estimated cost for works of art. The total Art in Public Places funds to be appropriated is $1,705. This item will transfer $1,330 of the TCEF appropriations to the Art in Public Places Program. Staff has identified the Transportation Reserves as a means to provide the additional $375 needed to provide long-term maintenance for the art. CITY FINANCIAL IMPACTS This action will appropriate $170,550 into the Capital Projects Fund-Suniga Road Improvements Project. In addition, $1,705 will be transferred from the Capital Projects Fund into the Cultural Services and Facilities Fund for Art in Public Places. The following is a summary of funds to be appropriated with this action: Prior Appropriated Funds 2017/2018 Budgeting for Outcomes Transportation Reserves $1,800,000 Utilities $400,000 Transportation Capital Expansion Fee Funds $1,474,120 Transportation Reserves $3,250 Funds to be Appropriated with this Action Transportation Capital Expansion Fee Funds $170,175 Transportation Reserves $375 Total Funds to be Appropriated with this Action $170,550 Total Current Project Budget $3,847,920 Transfer to Art in Public Places $1,705 BOARD / COMMISSION RECOMMENDATION Staff has presented multiple project updates to the Transportation Board, with the most recent update being in February 2019 as part of an overall Transportation Capital Projects plan discussion. As there was no action or discussion specific to the project, meeting minutes have not been included. PUBLIC OUTREACH Staff has conducted numerous property owner meetings to gather feedback and concerns related to the planned improvements. Staff presented a project update to the Urban Renewal Authority in the fall 2017. Staff has also been in contact with the North Fort Collins Business Association, providing a project update at its March 2019 meeting. 3.1 Packet Pg. 90 Attachment: First Reading Agenda Item Summary, April 16, 2019 (7952 : SR 060 Suniga Road Project) Agenda Item 12 Item # 12 Page 3 Prior to construction, staff will develop and implement a unique communication and outreach plan to minimize impacts to surrounding businesses and neighborhoods. ATTACHMENTS 1. Location Map (PDF) 3.1 Packet Pg. 91 Attachment: First Reading Agenda Item Summary, April 16, 2019 (7952 : SR 060 Suniga Road Project) Conifer St E Sunig a Rd 9th St E Willox L n N College Ave Jefferson St E Vine Dr N Mason St N Lemay Ave ÕZYXW ³I Suniga City of Road Fort Improvements Collins Printed: March 05, 2018 Path: S:\Engineering\Projects\Capital Projects\Maps\Suniga\Suniga Road Improvements TCEF AIS.mxd Legend /Location 0 250 500 1,Project 000 1,500 2,000 Feet ATTACHMENT 2 3.2 Packet Pg. 92 Attachment: Location map (7952 : SR 060 Suniga Road Project) -1- ORDINANCE NO. 060, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPROPRIATIONS AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE SUNIGA ROAD IMPROVEMENTS PROJECT AND RELATED ART IN PUBLIC PLACES WHEREAS, the Suniga Road Improvements Project was initiated in 2017 as a result of receiving community support and funding as part of the 2017/2018 Budgeting For Outcomes process (the “Project”); and WHEREAS, as part of the Project, the City will construct Suniga Road to the City’s four- lane arterial roadway standards between North College Avenue and Blondel Street as identified on the City’s Master Street Plan; and WHEREAS, as part of the approval for the Crowne at Old Town North development that is on Suniga Road (the “Development”), the City collected $170,550 as a payment in lieu for the Development’s local street frontage improvements associated with Suniga Road that are within the Project limits; and WHEREAS, this item will transfer the $170,550 received by the Development into the Project fund to be used on the Project, as well as transfer certain funds from the Transportation Capital Expansion Fund and the Transportation Reserve Fund to meet the Art in Public Places requirements associated with this appropriation; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of enhancing roadways and other transportation related infrastructure within the City; 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 Capital Expansion Fund and will not cause the total amount appropriated in the Transportation Capital Expansion Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and 3.3 Packet Pg. 93 Attachment: Ordinance No. 060, 2019 (7952 : SR 060 Suniga Road Project) -2- 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; 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, this project involves construction estimated to cost more than $250,000, as such, Section 23-304 of the City Code requires one percent of these qualified appropriations to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program. 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 prior year reserves in the Transportation Capital Expansion Fund for transfer to the Capital Projects Fund the sum of ONE HUNDRED SEVENTY THOUSAND ONE HUNDRED SEVENTY FIVE DOLLARS ($170,175) for the Suniga Road Improvements Project and appropriated therein. Section 3. That there is hereby appropriated for expenditure from prior year reserves in the Transportation Fund for transfer to the Capital Projects Fund the sum of THREE HUNDRED SEVENTY FIVE DOLLARS ($375) for the Suniga Road Improvements Project and appropriated therein. Section 4. That the unexpended appropriated amount of ONE THOUSAND THREE HUNDRED THIRTY DOLLARS ($1,330) in the Capital Projects Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Art Project. Section 5. That the unexpended appropriated amount of THREE HUNDRED FORTY ONE DOLLARS ($341) in the Capital Projects Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Operations. 3.3 Packet Pg. 94 Attachment: Ordinance No. 060, 2019 (7952 : SR 060 Suniga Road Project) -3- Section 6. That the unexpended appropriated amount of THIRTY FOUR DOLLARS ($34) in the Capital Projects Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance. Introduced, considered favorably on first reading, and ordered published this 16th day of April, A.D. 2019, and to be presented for final passage on the 7th day of May, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of May, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.3 Packet Pg. 95 Attachment: Ordinance No. 060, 2019 (7952 : SR 060 Suniga Road Project) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY May 7, 2019 City Council STAFF Kyle Lambrecht, Civil Engineer Timothy Kemp, Civil Engineer III Chris Van Hall, Legal SUBJECT Second Reading of Ordinance No. 061, 2019, Making Appropriations and Authorizing Transfers of Appropriations for the Willow Street Improvements Project and Related Art in Public Places. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on April 16, 2019, appropriates $435,000 of Downtown Development Authority (DDA) funds, $40,364 of Transportation Capital Expansion Fee (TCEF) funds, and $4,439 of Transportation Reserves into the Capital Project Fund for the Willow Street Improvements Project. In addition, this item will authorize the transfer of $4,755, from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places. This project will design and construct roadway and urban design improvements along Willow Street between North College Avenue and Linden Street, including a pedestrian plaza at the northern corner of Willow Street and Linden Street. The overall project budget is $4.3 million, and construction is scheduled to begin in the summer 2019. This project was approved through the Community Capital Improvements Program (CCIP) tax initiative. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, April 16, 2019 (PDF) 2. Location map (PDF) 3. Ordinance No. 061, 2019 (PDF) 4 Packet Pg. 96 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY April 16, 2019 City Council STAFF Kyle Lambrecht, Civil Engineer Timothy Kemp, Civil Engineer III Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 061, 2019, Making Appropriations and Authorizing Transfers of Appropriations for the Willow Street Improvements Project and Related Art in Public Places. EXECUTIVE SUMMARY The purpose of this item is to appropriate $435,000 of Downtown Development Authority (DDA) funds, $40,364 of Transportation Capital Expansion Fee (TCEF) funds, and $4,439 of Transportation Reserves into the Capital Project Fund for the Willow Street Improvements Project. In addition, this item will authorize the transfer of $4,755, from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places. This project will design and construct roadway and urban design improvements along Willow Street between North College Avenue and Linden Street, including a pedestrian plaza at the northern corner of Willow Street and Linden Street. The overall project budget is $4.3 million, and construction is scheduled to begin in the summer 2019. This project was approved through the Community Capital Improvements Program (CCIP) tax initiative. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Downtown River District (River District) encompasses an area bordered by Jefferson Street to the west, North College Avenue to the southwest, Lincoln Street to the southeast, and the Poudre River to the northeast. The River District can be described as the historic center of Fort Collins, with the original Fort Collins military post established near Linden Street and Willow Street in 1864. At the same time, the River District serves as a culturally significant link to Old Town and the Poudre River for various housing, retail, and mixed-use developments. In 2009, the Colorado Department of Transportation (CDOT) awarded the City federal funds to design, acquire rights-of-way, and possibly construct improvements along Jefferson Street between North College Avenue and the Jefferson Street/Mountain Avenue intersection. Recognizing a partnering opportunity to improve the River District, the Downtown Development Authority (DDA) allocated an additional $500,000 toward the project. The DDA funds were specific to the River District and were intended for constructing improvements. The City completed preliminary engineering plans in 2018, utilizing only $65,000 of the DDA funds. The City, utilizing $245,000 of new DDA funds, initiated the Willow Street Improvements Project’s conceptual design phase in 2014. Shortly thereafter, the project was awarded $3,432,000 through the City’s Community Capital Improvements Program (CCIP) tax initiative. To further support the project, the DDA expressed interested in repositioning the $435,000 allocated to the Jefferson Street Improvements to the Willow Street ATTACHMENT 1 4.1 Packet Pg. 97 Attachment: First Reading Agenda Item Summary, April 16, 2019 (7953 : SR 061 Willow Street Project) Agenda Item 13 Item # 13 Page 2 Improvements. This item will appropriate the previously committed $435,000 of DDA funds to the Willow Street Improvements Project (the “Developer Contributions”). Several parcels along Willow Street have either developed or initiated development. Per the Municipal Code, a Developer is responsible for the local street access frontage adjacent to his or her parcel. If the City has a planned project which will improve frontages in advance of development, the City will collect a payment in lieu of construction from the Developer. The amount collected is the anticipated cost to construct the local street frontage. This item will also appropriate $40,364 from Transportation Capital Expansion Fee (TCEF) Reserves, previously collected from developments within the project limits, as payments in lieu for local street access frontages. Staff has nearly completed the design, hired a General Contractor through an alternate project delivery process, and anticipates construction to begin in summer, 2019. The total project budget is $4.3M; including the DDA and Developer Contributions to be appropriated as part of this action. Planned improvements include:  On-street parking  Significant urban design, landscaping, and public art improvements  10-foot sidewalk  5-foot amenity zone dedicated to bike racks, pedestrian scale lighting, and street lights  Two travel lanes  Dedicated bike lanes  Dedicated transit stops  Pedestrian plaza at the northern corner of Willow Street and Linden Street. Per City Code Section 24-304, all appropriations for construction projects estimated to cost over $250,000 shall include an amount equal to one percent of the estimated cost for works of art. The total Art in Public Places funds to be appropriated is $4,755. This item will transfer $316 of the TCEF appropriations to the Art in Public Places Program. The additional $4,439 will be funded through Transportation Reserves; providing the full art contribution of $4,350 for the DDA funds and the remaining contribution of $89 for the TCEF funds. CITY FINANCIAL IMPACTS This action will appropriate $479,803 into the Capital Projects Fund - Willow Street Improvements Project. In addition, $4,755 will be transferred from the Capital Projects Fund into the Cultural Services and Facilities Fund for Art in Public Places. The following is a summary of funds to be appropriated with this action: Prior Appropriated Funds Downtown Development Authority Funds $245,000 Developer Contributions $127,985 Community Capital Improvement Program Funds $3,432,000 Total Prior Appropriations $3,804,985 Funds to be Appropriated with this Action Downtown Development Authority Funds $435,000 Transportation Capital Expansion Fee Funds $40,364 Transportation Reserves $4,439 Total Funds to be Appropriated with this Action $479,803 Total Current Project Budget $4,284,788 Transfer to Art in Public Places $4,755 4.1 Packet Pg. 98 Attachment: First Reading Agenda Item Summary, April 16, 2019 (7953 : SR 061 Willow Street Project) Agenda Item 13 Item # 13 Page 3 BOARD / COMMISSION RECOMMENDATION Staff presented a project update to the Downtown Development Authority Board on February 14, 2019. As part of this presentation, staff asked the Board to support a repositioning of available funds into the Willow Street Improvements Project. Resolution 2019-01 of the Board authorizing the funding reallocation has been included. (Attachment 2) Staff has also presented multiple project updates to the Transportation Board, with the most recent update being in February 2019 as part of an overall Transportation Capital Projects plan discussion. As there was no action or discussion specific to the project, meeting minutes have not been included. PUBLIC OUTREACH Staff has conducted numerous property owner meetings and open houses to both gather input and present project updates. Staff regularly attends Downtown River District Business Association meetings to provide project updates, most recently at its March 2019 meeting. Staff also presented a project update to the Downtown Business Association at its March 2019 meeting. ATTACHMENTS 1. Location map (PDF) 2. DDA Resolution 2019-01 (PDF) 4.1 Packet Pg. 99 Attachment: First Reading Agenda Item Summary, April 16, 2019 (7953 : SR 061 Willow Street Project) WILLOW ST. LINDEN ST. LINCOLN AVE. PINE ST. CHESTNUT ST. JEFFERSON ST. WALNUT ST. OLD TOWN SQUARE Willow St. Improvement Project N. COLLEGE AVE. CACHE LA POUDRE RIVER MOUNTAIN AVE. ATTACHMENT 2 4.2 Attachment: Location map (7953 : SR 061 Willow Street Project) -1- ORDINANCE NO. 061, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPROPRIATIONS AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE WILLOW STREET IMPROVEMENTS PROJECT AND RELATED ART IN PUBLIC PLACES WHEREAS, the City, utilizing Downtown Development Authority (“DDA”) funds, initiated the Willow Streets Improvement Project’s conceptual design phase in 2014 (the “Project”); and WHEREAS, to further support the Project, the DDA wishes to transfer $435,000 in funds previously allocated to the Jefferson Street Improvements to the Project; and WHEREAS, several parcels along Willow Street have either developed or initiated development and the City will collect a payment in lieu from these developments to meet the development’s local street frontage improvements associated with Willow Street and so this Ordinance will appropriate $40,364 from Transportation Capital Expansion Fee (“TCEF”) Reserves, previously collected from developments within the Project limits that were given as payments in lieu for local street access frontages; and WHEREAS, this Ordinance also transfers funds to meet the Art in Public Places requirements associated with this appropriation; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of enhancing roadways and other transportation related infrastructure within the City; 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 Capital Expansion Fund and will not cause the total amount appropriated in the Transportation Capital Expansion Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the 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; 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 4.3 Packet Pg. 101 Attachment: Ordinance No. 061, 2019 (7953 : SR 061 Willow Street Project) -2- 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, this project involves construction estimated to cost more than $250,000, as such, Section 23-304 of the City Code requires one percent of these qualified appropriations to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program. 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 prior year reserves in the Transportation Capital Expansion Fund for transfer to the Capital Projects Fund the sum of FORTY THOUSAND THREE HUNDRED SIXTY-FOUR DOLLARS ($40,364) for the Willow Street Improvements Project and appropriated therein. Section 3. That there is hereby appropriated for expenditure from prior year reserves in the Transportation Fund for transfer to the Capital Projects Fund the sum of FOUR THOUSAND FOUR HUNDRED THIRTY-NINE DOLLARS ($4,439) for the Willow Street Improvements Project and appropriated therein. Section 4. That the unexpended appropriated amount of FOUR HUNDRED THIRTY- FIVE THOUSAND DOLLARS ($435,000) of Downtown Development Authority funds in the Capital Projects Fund is authorized for transfer from the Jefferson Street Improvements Project to the Willow Street Improvements Project and appropriated therein. Section 5. That the unexpended appropriated amount of THREE THOUSAND SEVEN HUNDRED NINE DOLLARS ($3,709) in the Capital Projects Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Art Project. Section 6. That the unexpended appropriated amount of NINE HUNDRED FIFTY- ONE DOLLARS ($951) in the Capital Projects Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Operations. Section 7. That the unexpended appropriated amount of NINETY-FIVE DOLLARS ($95) in the Capital Projects Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance. 4.3 Packet Pg. 102 Attachment: Ordinance No. 061, 2019 (7953 : SR 061 Willow Street Project) -3- Introduced, considered favorably on first reading, and ordered published this 16th day of April, A.D. 2019, and to be presented for final passage on the 7th day of May, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of May, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.3 Packet Pg. 103 Attachment: Ordinance No. 061, 2019 (7953 : SR 061 Willow Street Project) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY May 7, 2019 City Council STAFF Delynn Coldiron, City Clerk Carrie Daggett, City Attorney SUBJECT Second Reading of Ordinance No. 062, 2019, Amending Chapter 2 of the Code of the City of Fort Collins to Establish Council Expectations Regarding Action by Boards and Commissions and Member Participation. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on April 16, 2019, amends City Code to provide guidelines on board or commission member participation that require members not to abstain in items they are participating in; an abstain vote will be treated as a yes vote. Conflict of Interest guidelines continue as they currently exist. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, April 16, 2019 (PDF) 2. Ordinance No. 062, 2019 (PDF) 5 Packet Pg. 104 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY April 16, 2019 City Council STAFF Delynn Coldiron, City Clerk Carrie Daggett, City Attorney SUBJECT First Reading of Ordinance No. 062, 2019, Amending Chapter 2 of the Code of the City of Fort Collins to Establish Council Expectations Regarding Action by Boards and Commissions and Member Participation. EXECUTIVE SUMMARY The purpose of this item is to provide guidelines on board or commission member participation that require members not to abstain in items they are participating in; an abstain vote will be treated as a yes vote. Conflict of Interest guidelines continue as they currently exist. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Over the past few months, there have been occasions where members who were participating in regular business of a board or commission chose to abstain at the time the formal vote was taken on specific items being considered by that board or commission. The proposed Code language has been written to ensure that each board or commission conducts its business in accordance with the Charter, the Code, other policies that may be established by City Council, and the bylaws duly approved by such board or commission. The Ordinance requires that a record be made of each vote by which a board or commission takes formal action. It requires that each member of such board or commission who is present to vote. If a member fails to vote, and is present, he or she shall be recorded as voting in the affirmative. A member who has declared a conflict of interest in a decision or is otherwise trying to avoid an appearance of undue influence in the decision, or who in a quasi-judicial proceeding has recused himself or herself due to bias or partiality in the particular proceeding, shall not be present for or participate in the portion of any meeting during which such decision or proceeding is under consideration. CITY FINANCIAL IMPACTS There are no expected financial impacts to the City organization. ATTACHMENT 1 5.1 Packet Pg. 105 Attachment: First Reading Agenda Item Summary, April 16, 2019 (7954 : SR 062 Board Abstentions) -1- ORDINANCE NO. 062, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF FORT COLLINS TO ESTABLISH COUNCIL EXPECTATIONS REGARDING ACTION BY BOARDS AND COMMISSIONS AND MEMBER PARTICIPATION WHEREAS, Article III of Chapter 2 of the City Code establishes the various boards and commissions of the City, and sets out procedures and requirements for their operation; and WHEREAS, in addition, the City Council has adopted a Boards and Commissions Manual, most recently updated by the adoption of Resolution 2016-026, setting out for use by the members of the various boards and commissions information about policies, procedures and expectations related to the operation of the boards and commissions, in addition to the related information from the applicable City Code provisions; and WHEREAS, in recent months it has come to the attention of the City Council that under the existing authorities members of boards and commissions are not precluded from freely abstaining from votes and participation in matters coming before them; and WHEREAS, pursuant to Article II, Section 6 of the City Charter, members of the City Council who are present at a Council meeting but do not vote on an item are treated as having voted in the affirmative on that item; and WHEREAS, Council desires to clearly establish the expectation that members of boards and commissions will participate in the votes of those bodies, except as precluded by conflicts of interest or concerns related to bias and undue influence through the adoption of a related new Code provision, as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Article III of Chapter 2 of the Code of the City of Fort Collins is hereby amended to add a new section 2-76, to read as follows: Sec. 2-76. – Board or commission action; member participation. Each board or commission shall conduct its business in accordance with the Charter, the Code, other policies that may be established by the City Council, and the bylaws duly approved by such board or commission. A record shall be made of each vote by which a board or commission takes formal action. Each member of such board or commission present shall vote. If a member fails to vote when present, he or she shall be recorded as voting in the affirmative. A member who has declared a conflict of interest in a decision or is otherwise trying to avoid an appearance of undue influence in the decision, or who in a quasi-judicial proceeding has recused himself or herself due 5.2 Packet Pg. 106 Attachment: Ordinance No. 062, 2019 (7954 : SR 062 Board Abstentions) -2- to bias or partiality in the particular proceeding, shall not be present for or participate in the portion of any meeting during which such decision or proceeding is under consideration. Introduced, considered favorably on first reading, and ordered published this 16th day of April, A.D. 2019, and to be presented for final passage on the 7th day of May, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of May, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk 5.2 Packet Pg. 107 Attachment: Ordinance No. 062, 2019 (7954 : SR 062 Board Abstentions) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY May 7, 2019 City Council STAFF Honore Depew, Senior Sustainability Specialist Jackie Kozak-Thiel, Chief Sustainability Officer Jeff Mihelich, Deputy City Manager Lucinda Smith, Environmental Services Director Judy Schmidt, Legal SUBJECT Second Reading of Ordinance No. 063, 2019 Amending the Code of the City of Fort Collins to Direct Mixed Construction and Demolition Materials to the Future Larimer County Construction and Demolition Waste Processing Facility, Upon Its Completion. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on April 16, 2019, amends City Code to direct all mixed loads of construction and demolition waste to a future County-owned sorting facility, once that facility is built. Adopting the recommended building code changes would cause Larimer County to begin development of a sorting/recycling facility for construction and demolition waste. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, April 16, 2019 (w/o attachments) (PDF) 2. Ordinance No. 063, 2019 (PDF) 6 Packet Pg. 108 Agenda Item 23 Item # 23 Page 1 AGENDA ITEM SUMMARY April 16, 2019 City Council STAFF Honore Depew, Senior Sustainability Specialist Jackie Kozak-Thiel, Chief Sustainability Officer Jeff Mihelich, Deputy City Manager Lucinda Smith, Environmental Services Director Judy Schmidt, Legal SUBJECT Items Relating to Solid Waste Programming and Infrastructure Improvements. EXECUTIVE SUMMARY A. Resolution 2019-047 Authorizing the Execution of an Intergovernmental Agreement for Solid Waste Programming and Infrastructure Improvements. B. First Reading of Ordinance No. 063, 2019 Amending the Code of the City of Fort Collins to Direct Mixed Construction and Demolition Materials to the Future Larimer County Construction and Demolition Waste Processing Facility, Upon Its Completion. The purpose of this item is to consider joining an intergovernmental agreement (IGA) with Larimer County and other Regional Wasteshed Coalition partners for solid waste infrastructure proposed in a 2018 Larimer County Master Plan (Resolution 2019-047), and consider an ordinance directing all mixed loads of construction and demolition waste to a future County-owned sorting facility, once that facility is built (Ordinance No. 063, 2019). The proposed intergovernmental agreement with Larimer County provides a framework for collaboration between the parties that can lead to future infrastructure development. The agreement does not obligate the City to enact any specific policies and consideration of local diversion measures will be based on established principles of stakeholder engagement for innovation. Larimer County is obligated under the IGA to fund and construct new facilities if enough recyclable/compostable material is expected to reach them. Adopting the recommended building code changes would cause Larimer County to begin development of a sorting/recycling facility for construction and demolition waste. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION History of Council Involvement Throughout this three-year regional process, staff has provided updates to City Council including:  Regular meeting in January 2017,  Futures Committee in April 2017,  Council Finance Committee in July 2018, and  Work sessions in January, May, and December 2018, and February 2019. (Attachment 2) ATTACHMENT 1 6.1 Packet Pg. 109 Attachment: First Reading Agenda Item Summary, April 16, 2019 (w/o attachments) (7955 : SR 063 Wasteshed) Agenda Item 23 Item # 23 Page 2 At the January 15, 2019 regular meeting Council approved a resolution supporting the Integrated Solid Waste Master Plan and directing staff to develop an intergovernmental agreement and specific code changes for review (Attachment 3). During the February 12, 2019 work session Council expressed project support and gave direction to prepare a resolution to adopt a Solid Waste Intergovernmental Agreement and an ordinance to amend the Fort Collins building codes to increase landfill diversion of construction and demolition waste. Larimer County Board of County Commissioners and Loveland City Council both unanimously adopted the Intergovernmental Agreement for Solid Waste Programming and Infrastructure Improvements at their respective meetings on March 19, 2019. Estes Park Town Board will be considering the IGA April 23rd. Fort Collins City Council has been represented on the Policy Advisory Committee of the Wasteshed Coalition since 2016 by Mayor Troxell and Councilmember Cunniff. Master Plan On December 19, 2018 the Larimer County Planning Commission unanimously approved a Solid Waste Infrastructure Master Plan (Master Plan) that establishes a road-map for creating recycling and waste diversion facilities, fully funded by Larimer County without requiring financial investment from the City of Fort Collins. The Master Plan is the result of a three-year regional collaboration to plan for what comes after the Larimer County landfill reaches capacity (2024) and to improve the local waste and recycling system, providing strategic implementation opportunities for Fort Collins’ Zero Waste goals. The Master Plan proposes new solid waste facilities and infrastructure (funded by Larimer County) and supportive policies (considered by the parties). While Larimer County has the funding to build new resource recovery facilities, municipal partnerships and policies are needed to make sure there is enough material generated to make these regional assets work. The Master Plan includes analysis of the following facilities: Tier 1: to be constructed in the near term  Central Transfer Station  New County Landfill  Yard Waste Composting Facility  Food Waste Composting Facility *  Construction and Demolition Recycling Facility * Tier 2: to be assessed annually for feasibility  Clean Material Recovery Facility for Single Stream Recyclables *  Anaerobic Digestion for Food Scraps Tier 3: for future consideration  Waste to Energy  Refuse Derived Fuel Processing * requires policy/programs directing materials to the facility for construction to commence Resolution - Intergovernmental Agreement The Intergovernmental Agreement for Solid Waste Programming and Infrastructure Improvements (IGA) outlines how the communities can work together to trigger infrastructure development through a combination of code changes and programs to send waste materials to resource recovery facilities. The IGA does not commit the parties to take specific actions; it is left up to each community to consider appropriate, local diversion policy. Larimer County will wait to initiate development of the food scrap composting facility, construction and demolition waste sorting facility, and the recycling center upgrade until it is clear that each facility will receive enough waste material to be viable.  Obligations of Larimer County The County has the bulk of the substantive obligations under the IGA. The County agrees to: 6.1 Packet Pg. 110 Attachment: First Reading Agenda Item Summary, April 16, 2019 (w/o attachments) (7955 : SR 063 Wasteshed) Agenda Item 23 Item # 23 Page 3 o fund, construct, own, and manage new Tier 1 Facilities, including Central Transfer Station, New County landfill, and Yard Waste Composting Facility, to be operational prior to the closure of the current Larimer County Landfill o if minimum thresholds for anticipated waste material are met, initiate construction of the Food Waste Composting Facility, Construction and Demolition Waste Processing Facility, (Tier 1 Facilities) and Recycling Center Upgrade (Tier 2 Facility).  Obligations of All Parties o operate and maintain respective solid waste management facilities – including Estes Park Transfer Station, Fort Collins Timberline Recycling Center and Crushing Operations Facility, Loveland collection vehicles and Recycling Center, and the Larimer County Solid Waste Infrastructure System (including rural convenience centers) o look at local waste diversion policies that may be adopted to support the new Tier 1 resource recovery facilities o participate in a County-led solid waste Policy Council  including one elected official and one additional appointee per party  review and consider Tier 2 and Tier 3 facilities at least annually, including waste-to- energy innovations o provide services of one or more employees for technical staff support to the Policy Council o implement hauler licensing programs meeting minimum requirements and manage/enforce them with reasonable diligence o coordinate data collection and public outreach  Under the Resolution, Fort Collins consents to the Town of Wellington as an additional party to the IGA if it so chooses (Town has indicated its intent to join).  The City of Fort Collins’ obligations under the IGA include only the following policies or actions, many of which are already standard practice or required in Fort Collins: o hauler licensing  minimum standards in the IGA are consistent with City’s current requirements; o hauler licensing includes a curbside recycling collection requirement  Fort Collins already requires licensed haulers to provide curbside recycling;  Fort Collins does not direct recycling to a specific recycling facility and the IGA does not require it to do so; o encourage segregation of yard waste from landfill disposal  Fort Collins’ licensed residential haulers are all required to offer optional yard waste collection service upon customer request; o manage and enforce its own hauler licensing requirements; o coordinate data tracking of material collected in Fort Collins with other jurisdictions; o public education and outreach  IGA requires cooperation and use of a jointly-created toolkit; o participate in the Policy Council  two members – one appointed member, one elected official; o making one or more of the City’s employees available to serve as the Technical Staff to the Policy Council; o operate and maintain its Timberline Recycling Center and Hoffman Mill Crushing Facility for the term of the Agreement  The City may independently relocate, replace, and/or modify its facilities so long as not detrimental to the overall operation of the Integrated Solid Waste Management System. The possible policies to support new Tier 1 and 2 resource recovery facilities, which may be adopted by the parties, include measures to direct specific waste materials to certain facilities (i.e., flow control). The IGA only requires parties to look at such policies – whether or not to enact a flow control ordinance is within the discretion of each jurisdiction with public and stakeholder input. 6.1 Packet Pg. 111 Attachment: First Reading Agenda Item Summary, April 16, 2019 (w/o attachments) (7955 : SR 063 Wasteshed) Agenda Item 23 Item # 23 Page 4 If a jurisdiction adopts such a policy that will provide the reasonably anticipated minimum of materials, then that triggers the County’s obligation to construct the relevant facility. Not all communities must adopt flow control for each material to trigger this obligation with respect to the corresponding facility. Loveland’s agreement to direct all of its yard waste to the future County facility meets the minimum to compel the County to construct that facility (both obligations are already included in the IGA for this reason). The following table explains what is needed for each facility to be developed: Facility Policy That Would Initiate Construction Status New Landfill N/A Already underway Central Transfer Station N/A Already underway Yard Waste Composting Facility Loveland yard waste commitment Committed by Loveland March 19 in IGA adoption Construction and Demolition (C&D) Waste Processing Facility Fort Collins flow control for mixed loads of C&D Topic of consideration in this agenda item summary Food Waste Composting Facility TBD Local programs / policy to be explored in the future Recycling Center Conversion to Material Recovery Facility (MRF) Flow control for single stream recyclables Not recommended due to adverse market conditions Due to the amount of construction and demolition waste generated by projects in Fort Collins, adopting the Construction and Demolition Waste Recycling Code Change set forth in the Ordinance would meet the “reasonably anticipated minimum” in the IGA and trigger the County’s obligation to develop the construction and demolition sorting facility. Staff from Loveland and Larimer County intend to bring forth to their boards flow control policies for mixed construction and demolition waste in the future. Ordinance No. 063, 2019 - Construction and Demolition Waste Recycling Code Change One of the policy opportunities outlined in the Master Plan would be enacted through this ordinance to amend Fort Collins building codes. Flow control is a legal requirement that all material of a certain type be taken to a specific facility. In this case, the changes to the Fort Collins building codes would direct all mixed loads of construction and demolition waste to a future County-owned sorting facility, once that facility is built. Diverting this portion of the waste stream from landfill would amount to a third of the progress needed to reach Fort Collins’ 2025 Zero Waste goal. Current Situation The Fort Collins building code currently requires the recycling of four materials (wood, aggregates, metal, and cardboard) documented through an official construction waste management plan. This means that building sites often have as many as five separate bins to manage waste (the four recyclable materials and one for trash). Proposed Policy 6.1 Packet Pg. 112 Attachment: First Reading Agenda Item Summary, April 16, 2019 (w/o attachments) (7955 : SR 063 Wasteshed) Agenda Item 23 Item # 23 Page 5 Flow control for this material would direct all mixed loads of construction and demolition (C&D) debris, including recyclable and non-recyclable materials, to the County-owned C&D sorting facility. The policy would only come into effect once the Construction and Demolition Debris Sorting Facility is constructed and would be in place for a period of 10 years. The primary goal of the policy is to significantly increase landfill waste diversion by ensuring enough material is delivered to the C&D sorting facility for it to become a viable regional asset with enough output to kick-start regional end markets. Because the IGA states that having minimum volumes of waste material will trigger the construction of a new sorting facility, this one policy change in Fort Collins alone (which is reasonably anticipated to meet the minimum volume) can initiate and move the C&D sorting facility to the “build list”. The existing system would remain an option for builders because flow control would not apply to recyclables sorted on site (as is the practice currently), but it would allow “all-in-one-bin” service for collection of mixed loads of trash and recyclables from building sites that prefer that option. Key takeaways for C&D flow control policy  All co-mingled loads of C&D debris would have to be directed to a specific, County-owned facility  Although the building code would change now, the requirement would only be triggered by Larimer County’s construction of an operational facility (by 2023)  Requirement would be in effect for ten years from when the new facility begins accepting materials  Code change would apply to the same sizes and types of construction projects as current recycling requirements  New system would provide the convenience of “all-in-one-bin” collection service  Status quo options would remain; separating recyclables on site would be permissible under code amendments Comparable Regional Policy Under the IGA, Loveland has committed the yard waste materials from its collection and drop-off services to be delivered to a County-owned composting facility, once it is operational. By meeting the minimum threshold for yard waste Loveland has triggered construction of the Tier 1 Yard Waste Composting Facility, which will provide regional infrastructure for Fort Collins residents and businesses to utilize. Additional Relevant Analysis A Triple-Bottom Line Scan of the proposed project outcomes was conducted in 2018. See Wasteshed TBL-Scan Summary (Attachment 4) for results. A “waste characterization” study of material accepted for disposal at the Larimer County Landfill was conducted in 2016 (Attachment 5). A major finding was that organics (yard trimmings and food scraps), as well as construction and demolition materials, offer a significant opportunity for waste diversion from landfill. Using 2017 totals, diverting compostable/recyclable material from the C&D portion of the waste stream represents a third of the progress needed to meet Fort Collins’ Zero Waste goal for 2025 (90% landfill diversion rate). In response to hauler concerns about increased transfer truck traffic through Fort Collins from the Central Transfer Station to the New County Landfill, City traffic engineers reviewed the data and provided the following conclusions:  Arterial roadways, state highways, and interstate o Current peak vehicular volumes for impacted intersections of 2,500-4,000 vehicles/hour o Impact of additional truck traffic off-peak – 0.5% to 1.0% increase in traffic (considered nominal) o During peak volumes – 0.25% to 0.4% (considered nominal)  College Avenue & Trilby intersection has greatest potential impact o Current design improvements are underway, increasing turn lanes and capacity within the next 6.1 Packet Pg. 113 Attachment: First Reading Agenda Item Summary, April 16, 2019 (w/o attachments) (7955 : SR 063 Wasteshed) Agenda Item 23 Item # 23 Page 6 two years Conclusions are based on 50 truck loads per day (100 trips); even doubling that number of trips would not increase the results above a nominal impact. CITY FINANCIAL IMPACTS Regional collaboration for solid waste planning, spurred by the Larimer County Landfill nearing capacity (in 2024), has resulted in a master plan for infrastructure that will divert significant waste from landfills without capital investment from the City of Fort Collins. Council Finance Committee discussed the project on July 16, 2018. (Attachment 6) BOARD / COMMISSION RECOMMENDATION The Natural Resources and Air Quality Advisory Boards expressed support for adopting a regional Intergovernmental Agreement for solid waste in letters to Mayor and City Council Members dated November 28 and December 28, 2018. (Attachment 7) At its February 28, 2019 meeting, the Building Review Board voted unanimously to recommend for adoption the proposed building code amendments to require mixed loads of construction and demolition waste be directed to the future Larimer County sorting facility, as presented. (Attachment 10) PUBLIC OUTREACH   A Stakeholder Advisory Group met seven times between May 2017 and September 2018 to provide input and review technical and policy information produced by coalition staff. o Over 50 stakeholders were invited to participate from key sectors, including the business community, academia, regional governments, waste haulers and recyclers, boards and commissions, state agencies, and advocacy groups.  Coalition staff met directly with local hauling companies throughout the project, both individually and as a group, to discuss impacts on their operations. Hauler meetings were held in May, July, and December of 2018. (Attachment 8) o A special meeting of the Policy Advisory Committee was held on April 4, 2019 to review specific concerns expressed by members of a hauling company. (Attachment 11)  Staff presented updates to the Local Legislative Affairs Committee of the Chamber of Commerce in January, April, and November 2018.  Staff solicited targeted feedback on the building code changes from key stakeholders in the building and hauling sectors during the summer 2018.  Four public meetings in an open house format were held in May 2018 throughout the County and an informational webpage has been maintained at www.fcgov.com/wasteshed.  See Public Engagement Summary. (Attachment 9) 6.1 Packet Pg. 114 Attachment: First Reading Agenda Item Summary, April 16, 2019 (w/o attachments) (7955 : SR 063 Wasteshed) Agenda Item 23 Item # 23 Page 7 ATTACHMENTS 1. Regional Wasteshed Planning Overview (PDF) 2. Work Session Summaries (PDF) 3. Resolution 2019-010 (PDF) 4. Triple Bottom Line (PDF) 5. 2016 Waste Sort Summary (PDF) 6. Council Finance Committee minutes, July 16, 2018 (PDF) 7. Board Letters of Support (PDF) 8. Hauler Communications Memo (PDF) 9. Public Engagement Summary (PDF) 10. Building Review Board minutes, February 28, 2019 (draft) (PDF) 11. Wasteshed PAC-Hauler April 4 Meeting Summary (PDF) 12. Powerpoint Presentation (PDF) 6.1 Packet Pg. 115 Attachment: First Reading Agenda Item Summary, April 16, 2019 (w/o attachments) (7955 : SR 063 Wasteshed) -1- ORDINANCE NO. 063, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS TO DIRECT MIXED CONSTRUCTION AND DEMOLITION MATERIALS TO THE FUTURE LARIMER COUNTY CONSTRUCTION AND DEMOLITION WASTE PROCESSING FACILITY UPON ITS COMPLETION WHEREAS, pursuant to Resolution 2013-011, the City Council established a waste diversion policy with the ultimate goal of achieving zero waste for the City (“Zero Waste Goal”); and WHEREAS, pursuant to Resolution 2014-098, the City Council established priority actions to further its Zero Waste Goal, including fostering regional discussions, partnerships, and systems to manage regional waste streams and facilities; and WHEREAS, the Larimer County Solid Waste Facility located at 5887 South Taft Hill Road serves as a regional solid waste processing and disposal site for residents of Larimer County located in municipalities and unincorporated areas, receiving approximately one million cubic yards of material per year, is forecasted to consume the available permitted capacity by the fourth quarter of the year 2024; and WHEREAS, the Larimer County Board of County Commissioners convened in early 2016 the North Front Range Wasteshed Policy Group, now referred to as the North Front Range Regional Wasteshed Coalition (the “Coalition”) (including a Technical Advisory Committee of staff members and a Policy Advisory Committee of elected officials and a stakeholder advisory group with more than sixty members) to identify, analyze, and prioritize solid waste infrastructure and implementation options, resulting in the development of a Solid Waste Infrastructure Master Plan for adoption by Larimer County; and WHEREAS, on December 19, 2018, the Larimer County Planning Commission adopted the 2018 Solid Waste Infrastructure Master Plan (the “County Master Plan”), which includes various recommendations for infrastructure and facility improvements, education, licensing and other program elements to provide solid waste services within Larimer County and increase material diversion from landfill disposal; and WHEREAS, on January 15, 2019, the City Council adopted Resolution 2019-010 supporting the Master Plan; and WHEREAS, to work cooperatively to implement the Master Plan, continue to develop joint programs for consistent public education, and evaluate future technologies associated with solid waste management the City Council has authorized the Mayor to execute the Intergovernmental Agreement for Solid Waste Programming and Infrastructure Improvements (the “IGA”); and WHEREAS, the Colorado legislature has expressly endorsed “local efforts…focused toward the reduction of the volume and toxicity of the waste stream…through source reduction, recycling, 6.2 Packet Pg. 116 Attachment: Ordinance No. 063, 2019 (7955 : SR 063 Wasteshed) -2- composting, and similar waste management strategies” (Section 30-20-100.5, Colorado Revised Statutes [“C.R.S.”]) and authorized designation of exclusive sites and facilities for disposal of solid waste (Section 30-20-107, C.R.S.); and WHEREAS, cooperation pursuant to the IGA will allow for implementation of an integrated package of waste disposal services designed to increase recycling and confer significant health and environmental benefits upon the residents of the City and Larimer County by enhancing recycling incentives and opportunities, obtaining information for the tracking and planning of waste diversion, and increasing the ability to monitor and enforce recycling and other waste management laws; and WHEREAS, the City desires to implement the provisions of the IGA pertaining to County construction and operation of the County construction and demolition waste processing facility described therein by adopting this Ordinance requiring mixed construction and demolition materials to be directed to the County construction and demolition waste processing facility for a period of ten years after the facility becomes operational; and WHEREAS, the City Council has determined that this Ordinance will provide significant environmental benefits and protect the health, safety and welfare of its residents; and WHEREAS, the City Council has determined that this Ordinance 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 any and all determinations and findings contained in the recitals set forth above. Section 2. That City Code Section 12-16, Definitions, is hereby amended by the addition of the following definitions, integrated therein in alphabetical order: County construction and demolition waste processing facility shall mean the facility described in the North Front Range Regional Wasteshed Coalition Solid Waste Infrastructure Master Plan approved by Larimer County on December 19, 2018, as amended from time to time. Mixed construction and demolition materials shall mean all recyclable and non-recyclable waste materials generated from construction or demolition activities commingled and stored together in one or more containers for collection at a job site. Mixed construction and demolition materials shall exclude hazardous waste as defined in this Section, including but not limited to asbestos or asbestos containing materials and materials containing lead paint. Any commingled material containing items designated by the County construction and demolition waste processing facility as recyclable at the County construction and demolition waste processing facility shall be considered mixed construction and demolition material. 6.2 Packet Pg. 117 Attachment: Ordinance No. 063, 2019 (7955 : SR 063 Wasteshed) -3- Separated construction and demolition materials shall mean all waste materials generated from construction or demolition activities that are designated as recyclable by the County construction and demolition waste processing facility and are sorted and stored with only like-kind materials in separate containers for collection prior to removal from a job site, separate from and not commingled with other materials. Separated construction and demolition materials shall exclude hazardous waste as defined in this Section, including but not limited to asbestos or asbestos containing materials and materials containing lead paint. Section 3. That City Code Section 12-22, required recycling, is hereby amended to read as follows: Sec. 12-22. - Required recycling. (a) Electronic Equipment. No person shall place electronic equipment in refuse containers for collection, nor shall any person bury or otherwise dispose of electronic equipment in or on private or public property within the City. All electronic equipment must either be stored and presented or delivered to a licensed solid waste collector for recycling in accordance with the provisions of Subsection 15-416(b) or delivered directly to a qualified recycling facility for electronic equipment. (b) Cardboard. No person shall place recyclable cardboard in refuse containers for collection, nor shall any person bury or otherwise dispose of recyclable cardboard in or on private or public property within the City. All recyclable cardboard must either be stored and presented or delivered to a licensed solid waste collector for recycling in accordance with the provisions of Subsection 15-413(e) or delivered directly to a qualified recycling facility appropriate for recyclable cardboard. (c) Mixed construction and demolition materials. (1) Commencing on the thirtieth day after the County construction and demolition waste processing facility opens for business, and for a period of ten (10) years thereafter, all mixed construction and demolition materials that are free of asbestos and lead paint from new building construction, remodels and additions as set forth in § 5-27 (amendments and deletions to International Building Code), subsections (78) 3602.1, construction waste management, and (78) 36202.1.1, building demolitions, and City Code § 5-30 (amendments and deletions to International Residential Code), subsections (44) R328.1, construction waste management, and (44) R328.1.1, building demolitions, shall be delivered to the County construction and demolition waste processing facility for processing, recycling, and disposal as appropriate. (2) Until the County construction and demolition waste processing facility opens for business and after the expiration of the ten (10) year period set forth in subsection (1) above, mixed construction and demolition materials may be delivered to any alternative recycling facilities as provided in the waste management plan approved by the building official. 6.2 Packet Pg. 118 Attachment: Ordinance No. 063, 2019 (7955 : SR 063 Wasteshed) -4- (3) Separated construction and demolition materials are exempt from this requirement and can be delivered to any alternative recycling facilities as provided in the waste management plan approved by the building official. (d) Owner/Occupant, permit holder responsibility. It shall be the duty of any owner or occupant of any premises to ensure that bags or containers do not contain materials required to be recycled under this Section when such bags or containers are offered for solid waste collection. It shall also be the responsibility of any holder of a building permit issued by the City to dispose of mixed construction and demolition materials in accordance with this section. Section 4. That subsection (78) 3602.1, Construction waste management, contained in Section 5-27 of the Code of the City of Fort Collins is hereby amended to read as follows: 3602.1 Construction waste management. For remodels and additions over 2,500 square feet, and for all new buildings, a construction waste management plan acceptable to the building official is required at the time of application for a building permit. The construction waste management plan shall be implemented and conspicuously posted on the construction site. All concrete, asphalt, masonry, wood, metals and cardboard shall be recycled. All mixed construction and demolition materials (as defined in City Code Section 12-16), shall be delivered to any facility identified in and disposed of in accordance with City Code Section 12-22(c). Compliance shall be certified by inspection and documentation and signed final construction waste management plans. Substantive changes to the plan shall be subject to prior approval by the building official. All roofing permits are required to submit a final waste management plan and documentation. Section 5. That subsection (78) 36202.1.1, Building demolitions, contained in Section 5-27 of the Code of the City of Fort Collins is hereby amended to read as follows: 3602.1.1 Building demolitions. Buildings or portions of buildings that are removed shall be processed in such a way as to safely remove all asbestos and lead paint contaminants. For all demolitions, excluding non-structural demolitions under 1000 sq.ft. a demolition waste management plan acceptable to the building official is required at the time of application for a demolition permit. All metals, asphalt, concrete and masonry that are free of asbestos and lead paint shall be recycled, and where possible, all remaining materials, such as doors, windows, cabinets, fixtures, and wood, shall be recycled. All mixed construction and demolition materials (as defined in City Code Section 12- 16), shall be delivered to any facility identified in and disposed of in accordance with City Code Section 12-22(c). Compliance shall be certified by inspection, documentation, and signed final demolition waste management plans. Substantive changes to the plan shall be subject to prior approval by the building official. Section 6. That subsection (44) R328.1, Construction waste management, contained in Section 5-30 of the Code of the City of Fort Collins is hereby amended to read as follows: R328.1 Construction waste management. For remodels and additions over 2,500 square feet, and for all new buildings, a construction waste management plan acceptable to the building official is required at the time of application for a building permit. The construction waste management plan shall be implemented and conspicuously posted on the construction site. All concrete, asphalt, masonry, wood, metals and cardboard shall be recycled. All mixed construction and demolition materials (as defined 6.2 Packet Pg. 119 Attachment: Ordinance No. 063, 2019 (7955 : SR 063 Wasteshed) -5- in City Code Section 12-16), shall be delivered to any facility identified in and disposed of in accordance with City Code Section 12-22(c). Compliance shall be certified by inspection and documentation and signed final construction waste management plans. Substantive changes to the plan shall be subject to prior approval by the building official. All roofing permits are required to submit a final waste management plan and documentation. Section 7. That subsection (44) R328.1.1, Building demolitions, contained in Section 5-30 of the Code of the City of Fort Collins is hereby amended to read as follows: R328.1.1 Building demolitions. Buildings or portions of buildings that are removed shall be processed in such a way as to safely remove all asbestos and lead paint contaminants. For all demolitions, excluding non-structural demolitions under 1000 sq.ft. a demolition waste management plan acceptable to the building official is required at the time of application for a demolition permit. All metals, asphalt, concrete and masonry that are free of asbestos and lead paint shall be recycled, and where possible, all remaining materials, such as doors, windows, cabinets, fixtures, and wood, shall be recycled. All mixed construction and demolition materials (as defined in City Code Section 12- 16), shall be delivered to any facility identified in and disposed of in accordance with City Code Section 12-22(c). Compliance shall be certified by inspection, documentation, and signed final demolition waste management plans. Substantive changes to the plan shall be subject to prior approval by the building official. Introduced, considered favorably on first reading, and ordered published this 16th day of April, A.D. 2019, and to be presented for final passage on the 7th day of May, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of May, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk 6.2 Packet Pg. 120 Attachment: Ordinance No. 063, 2019 (7955 : SR 063 Wasteshed) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY May 7, 2019 City Council STAFF Barb Brock, Natural Areas Financial Coordinator John Stokes, Natural Resources Director Jody Hurst, Legal SUBJECT First Reading of Ordinance No. 064, 2019, Appropriating Prior Year Reserves for Natural Areas Programming Not Included in the 2019 Adopted City Budget. EXECUTIVE SUMMARY The purpose of this item is to appropriate $10,215,000 in prior year reserves and unanticipated revenues in the Natural Areas Fund. These appropriations are for land conservation and restoration of wildlife habitat, as well as other Natural Areas Department programs to benefit the citizens of Fort Collins. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading BACKGROUND / DISCUSSION Appropriated funds for the Natural Areas Department (NAD) for purposes other than capital projects lapse at the end of 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, $9,100,000 will be used for land conservation. Over $6,000,000 in land acquisitions are under negotiation; there is a reasonable likelihood that most of these funds will be spent in 2019. In addition to prior year reserves and unspent 2018 appropriations, NAD received $1,400,878 in unanticipated revenues; $580,000 of these funds are being appropriated for the purpose of providing Natural Areas programming not included in the 2019 adopted City Budget. NOTE: Of the $1,400,878 in unanticipated revenues, $580,000 is being appropriated in this Ordinance for current project needs and the remainder will be appropriated in the future as needed. The funds for NAD come from the following designated sources of revenue: the 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. 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 as: $ 9,635,000 Unspent 2018 Budgeted Funds - being re-appropriated for same purpose $ 580,000 Unanticipated Revenues $10,215,000 Prior Year 2018 Reserves 7 Packet Pg. 121 Agenda Item 7 Item # 7 Page 2 The anticipated use of these funds is as follows: Land Conservation - $9,100,000 in unspent land conservation funds will fund land conservation efforts per the Natural Areas Master Plan. Rangers - $30,000 for a new Ranger vehicle. The existing 10-year-old Ford Escape (hybrid) Ranger vehicle, which is no longer meeting the Ranger’s needs, is being repurposed to replace a leased 10-year-old Prius. Resource Management • $200,000 in unspent 2018 restoration project funds will fund the completion of the restoration at Kingfisher Natural Area and other restoration projects. • $150,000 for the first phase of infrastructure required to implement a recently completed water augmentation plan associated with numerous ponds on the Cache la Poudre River. Facility Operations - $330,000 to fund the remodel of the Field Services office building, refinish the floors in the shop and vehicle storage building to increase safety, and a portion of NAD costs for a fueling station to be shared with other departments at the Crushing Operations Facility. Trails and Visitor Amenities - $405,000 in unspent 2018 trails and visitor amenities project funds will fund a variety of trail and visitor amenity projects. CITY FINANCIAL IMPACTS This Ordinance increases 2019 appropriations in the City’s Natural Areas Fund by $10,215,000. The requested total appropriation of $10,215,000 in the Natural Areas Fund represents 2018 appropriations that were unspent and unencumbered at year-end 2018 and unanticipated revenues. These funds are restricted to the purposes of the Natural Areas Department. BOARD / COMMISSION RECOMMENDATION At its April 17, 2019 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 and Stewardship Board minutes, April 17, 2019 (draft) (PDF) 7 Packet Pg. 122 Land Conservation & Stewardship Board April 17, 2019 Minutes Excerpt: Annual Appropriation of Prior Year Reserves, John Stokes, Director reported on the memo he distributed and the appropriation amount of $10M. Most of the appropriation is for land conservation along with another handful of items but is typical for the last few years. John would like to take the appropriation to City Council the first part of May for approval. Kelly inquired about the $1M in unanticipated revenues. John explained those funds were from the County and City sales tax. Most of those funds are from the County Sales Tax. Part of the reason for that is City Finance tells us what we’re going to receive for city generated revenues, but NAD generates our own estimate of county revenues and we do that conservatively on purpose. Joe asked about all the new hires and conversions. John reported we have 8 conversions. Six of those positions were in Field Services, one was the GIS position that was converted to full time position and the Environmental Planner position (Nature in the City) that is still open. David Tweedale made a motion that City Council approve the proposed 2019 Appropriation of Prior Year Reserves for the Natural Areas Department. Edward Reifsnyder seconded the motion. The motion was unanimously approved 9-0 ATTACHMENT 1 7.1 Packet Pg. 123 Attachment: Land Conservation and Stewardship Board minutes, April 17, 2019 (draft) (7917 : Natural Areas Annual Reappropriation) -1- ORDINANCE NO. 064, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES FOR NATURAL AREAS PROGRAMMING NOT INCLUDED IN THE 2019 ADOPTED CITY BUDGET 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 land or 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, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, Article V, Section 11 of the City Charter states that all appropriations unexpended or unencumbered at the end of the fiscal year shall lapse to the applicable general or special revenue fund, except appropriations for capital projects and federal or state grants, which do not lapse until completion of the capital project or expiration of the respective grant; and WHEREAS, the City Manager has determined that the appropriations as described herein are available and previously unappropriated in the Natural Areas Fund for 2019; and WHEREAS, the City Manager has recommended the appropriation from prior year reserves in the Natural Areas Fund of a total of $10,215,000, comprised of $9,635,000 in unspent and unencumbered appropriations from 2018 and $580,000 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; and WHEREAS, this appropriation benefits public health, safety, and welfare of the citizens of Fort Collins and serves the public purpose of helping to conserve and protect the natural areas in and around Fort Collins for the benefit of all of 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. Packet Pg. 124 -2- Section 2. That there is hereby appropriated from prior year reserves in the Natural Areas Fund the sum of TEN MILLION TWO HUNDRED FIFTEEN THOUSAND DOLLARS ($10,215,000) 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. Introduced, considered favorably on first reading, and ordered published this 7th day of May, A.D. 2019, and to be presented for final passage on the 21st day of May, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of May, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 125 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY May 7, 2019 City Council STAFF Marc Virata, Civil Engineer Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 065, 2019, Vacating Portions of Hobbit Street Right-of-Way East of Shields Street. EXECUTIVE SUMMARY The purpose of this item is to vacate a portion of the Hobbit Street right-of-way that was originally intended to be built in connection with the Young’s Creek development plan (Young’s Creek). Young’s Creek would have extended Hobbit Street from its current termination north into its development but was never constructed and has since expired. With the approval of the Landmark Apartments Expansion project in place of Young’s Creek, the constructed portion of Hobbit Street (which is not being vacated) will be terminated into a cul-de-sac at its current location. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Hobbit Street is an existing public street east of Shields Street that was constructed in the 1980s in conjunction with the Landmark Apartments development (on file as Landmark PUD). In 2004 the City approved Young’s Creek directly east of Landmark Apartments which dedicated right-of-way with the intent of extending Hobbit Street north into the development plan. Young’s Creek never proceeded with construction and the right to develop the plan expired. While the development plan expired, the right-of-way dedicated for Hobbit Street remained as right-of-way and did not terminate when the development plan expired. The Landmark Apartments Expansion development plan was submitted to the City in 2016 on the expired Young’s Creek property. Landmark Apartments Expansion’s development plan does not extend Hobbit Street into the project and terminates the existing Hobbit Street constructed with Landmark Apartments into a cul-de- sac. The remainder of the Hobbit Street right-of-way as dedicated with Young’s Creek is no longer needed for the Landmark Apartments Expansion, which was approved by the Planning and Zoning Board on November 10, 2016, with the condition that subsequent vacation of Hobbit Street right-of-way on the property be approved by City Council. Additionally, Resolution 2017-011 of the City Council adopted findings of fact and conclusions regarding the appeal of the Planning and Zoning Board decision approving the Landmark Apartments Expansion, which allows Landmark Apartments Expansion to move forward with a final plan. Vacations of public right-of-way are governed by City Code Section 23-115, which provides for an application and review process prior to submission to the City Council for formal consideration. The process includes review by potentially affected utility agencies, City staff, emergency service providers, and affected property owners in the vicinity of the right-of-way proposed to be vacated. This review process was followed in conjunction with review of the Landmark Apartments Expansion final plan and based on comments received, the Planning Development and Transportation Director recommended that the vacation be approved. With the 8 Packet Pg. 126 Agenda Item 8 Item # 8 Page 2 proposed vacation, an easement for utilities and drainage will be reserved across a small portion of the vacated right-of-way, which preserves the right to utilize the vacated portion for this purpose and is consistent with the Landmark Apartments Expansion development plan for utility facilities. Approval of the plat for Landmark Apartments Expansion will dedicate a blanket utility and drainage easement outside of the building envelopes. CITY FINANCIAL IMPACTS The termination of Hobbit Street into a cul-de-sac instead of extending it into Landmark Apartments Expansion reduces the overall roadway maintenance liability to the City. PUBLIC OUTREACH A memorandum requesting input was sent to the abutting property owners and utility providers. ATTACHMENTS 1. Location map (PDF) 8 Packet Pg. 127 College Avenue Foothills Parkway right-of-way vacation Hobbit Street right-of-way vacation 0 50 100 150ft N Stanford Drive (off the page) Area of vacation College Avenue SHIELDS STREET PROSPECT ROAD HOBBIT STREET ATTACHMENT 1 8.1 Packet Pg. 128 Attachment: Location map (7911 : Hobbit Street right-of-way vacation) -1- ORDINANCE NO. 065, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING PORTIONS OF HOBBIT STREET RIGHT-OF-WAY EAST OF SHIELDS STREET WHEREAS, Hobbit Street is presently constructed abutting the existing Landmark Apartments; and WHEREAS, the previously approved Young’s Creek subdivision plat dedicated Hobbit Street right-of-way to extend the construction of Hobbit Street into the Young’s Creek subdivision; and WHEREAS, the Young’s Creek development plan has expired without being constructed but the Hobbit Street right-of-way remains dedicated to the City; and WHEREAS, a development plan on the Young’s Creek property known as Landmark Apartments Expansion PDP#160013 (the “Landmark Apartments Expansion”) was reviewed and approved on November 10, 2016, by the Planning and Zoning Board with the condition that subsequent vacation of Hobbit Street right-of-way on the property be approved by City Council; and WHEREAS, Resolution 2017-011 of the City Council was approved on February 7, 2017, which adopted findings of fact and conclusions regarding the appeal of the Planning and Zoning Board decision approving the Landmark Apartments Expansion; and WHEREAS, the Landmark Apartments Expansion, as approved by the Planning and Zoning Board and upheld by City Council, does not extend the Hobbit Street right-of-way into the development but terminates Hobbit Street into a cul-de-sac so that portions of the dedicated Hobbit Street right-of-way are no longer needed to construct the Landmark Apartments Expansion as approved; and WHEREAS, the City and RTA Hobbit, LLC, developer of Landmark Apartments Expansion, have requested that the City vacate that portion of the undeveloped right-of-way legally described on Exhibit “A” and shown on the map in Exhibit “B” attached hereto and incorporated herein (the “Excess Hobbit Street ROW); and WHEREAS, the Excess Hobbit Street ROW is no longer necessary or desirable for street purposes based on the approved Landmark Apartments Expansion; and WHEREAS, the City Engineer has routed the vacation request to potentially affected City agencies, private utility companies, property owners in the vicinity, and emergency service providers and no objection to the proposed vacation has been received, provided that a drainage and utility easement across a small portion of the Excess Hobbit Street ROW be reserved unto the City; and Packet Pg. 129 -2- WHEREAS, in accordance with City Code Section 23-115, the City Engineer recommended approval of the vacation to the Planning, Development and Transportation Director, and the Director recommends to Council that the request for vacation be approved; and WHEREAS, the right of the residents of the City of Fort Collins will not be prejudiced or injured by the vacation of said street rights-of-way. 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 and determines that the right-of-way for those portions of Hobbit Street more particularly described on Exhibits “A” and “B” attached hereto and incorporated herein is no longer needed for right-of-way purposes, subject to reservation of an easement across that real property described as Parcel 2 on Exhibit “A” for drainage and utilities, and that it is in the public interest to vacate said right-of-way. Section 3. That those portions of the Hobbit Street right-of-way more particularly described on Exhibits “A” and “B” attached hereto and incorporated herein by this reference are hereby vacated, abated and abolished provided, however, that: (1) there is hereby reserved to the City a perpetual easement over, under, and across Parcel 2 described on Exhibit “A” for utility and drainage purposes; (2) this vacation shall not take effect until this Ordinance is recorded with the Larimer County Clerk and Recorder; (3) this Ordinance shall be recorded concurrently with the subdivision plat for the Landmark Apartments Expansion PDP #160013 known as “Landmark Apartments Expansion”; and (4) if this Ordinance is not so recorded by March 14, 2022, then this Ordinance shall become null and void and of no further force and effect. Packet Pg. 130 -3- Introduced, considered favorably on first reading, and ordered published this 7th day of May, A.D. 2019, and to be presented for final passage on the 21st day of May, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of May, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 131 1 Packet Pg. 132 Attachment: Exhibit A (7913 : Hobbit Street right-of-way vacation ORD) 1 Packet Pg. 133 Attachment: Exhibit A (7913 : Hobbit Street right-of-way vacation ORD) 2 Packet Pg. 134 Attachment: Exhibit B (7913 : Hobbit Street right-of-way vacation ORD) Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY May 7, 2019 City Council STAFF Mark Kempton, Water Production Manager Eric Potyondy, Legal SUBJECT Resolution 2019-055 Authorizing the City Manager to Execute an Agreement Between the City of Fort Collins, the East Larimer County Water District, the Fort Collins-Loveland Water District, and the North Weld County Water District Regarding a Study Related to a Temporary Shutdown of the Horsetooth Reservoir Soldier Canyon Outlet. EXECUTIVE SUMMARY The purpose of this item is to execute an intergovernmental agreement between the City of Fort Collins and the Tri-Districts (Fort-Collins Loveland, East Larimer County, and North Weld County water districts) to evaluate alternate water supplies and risk mitigation strategies during an October 2020 planned 45-day shutdown of the Soldier Canyon Dam water supply line from Horsetooth Reservoir to the two drinking water treatment plants serving the City of Fort Collins and surrounding areas. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Northern Water, which operates the 54-inch Soldier Canyon pipeline from Horsetooth Reservoir to the Fort Collins Water and the Soldier Canyon Water Treatment Plants, is planning to perform necessary maintenance on the water line in October 2020. This maintenance will require a full shutdown of the line for up to 45 days, which will result in both treatment plants relying on the Cache la Poudre River as the sole water source for the City and the Tri-Districts service areas. Historically, the Poudre River has been a reliable source of high-quality water, but it can be susceptible to water quality impairing incidents such as forest fires, vehicle crashes, chemical spills, and other incidents that may cause the Plants to shut off the water intakes from the River. If one or more of these such incidents were to occur during the planned shutdown, the City and the Tri-Districts would be at risk of a drinking water shortage. To mitigate this potential risk, the City and the Tri-Districts have agreed to study alternative water supply strategies that could range from short term conservation measures, up to building physical improvements such as pump stations. The alternatives may also include a public outreach plan detailing voluntary water conservation measures before and during the shutdown period. A full range of mitigation strategies will be analyzed and an alternative, or a suite of alternatives will be selected that will best mitigate the potential water shortage should an issue occur in the Poudre River during the shutdown period. The design, construction, and cost sharing of any proposed physical improvements would be covered under a separate City Council approved IGA with the Tri-Districts. 9 Packet Pg. 135 Agenda Item 9 Item # 9 Page 2 CITY FINANCIAL IMPACTS The cost of the analyses will be reviewed and approved by all parties and shared between the City and the Tri- Districts per the terms of the IGA. Existing Fort Collins Utilities O&M or Minor Capital funds will be used for the City portion of the project costs. The scope of the work will be limited to a maximum price to be decided by the participants. Fort Collins Loveland Water District has limited its project share to $20,000. It is anticipated that the City's share will also be in this funding range. BOARD / COMMISSION RECOMMENDATION At its April 18, 2019 meeting, the Water Board voted unanimously to recommend approval of the IGA. (Attachment 1) PUBLIC OUTREACH No public outreach has been performed at this time. Based on the outcomes of the alternative’s analysis, a public outreach plan will be prepared detailing the City's and the Tri-Districts efforts to communicate potential water saving and risk mitigation strategies during the planned shutdown. ATTACHMENTS 1. Water Board minutes, April 18, 2019 (draft) (PDF) 9 Packet Pg. 136 Excerpt from Unapproved DRAFT MINUTES - WATER BOARD REGULAR MEETING April 18, 2019, 5:30 p.m. 222 Laporte Avenue, Colorado River Community Room 04/18/2019 – Excerpt from Unapproved DRAFT MINUTES Page 1  Horsetooth Supply Line Shutdown Intergovernmental Agreement with Tri-Districts Mark Kempton, Water Production Manager (Attachments available upon request) Presentation Summary: • Water Production Manager, Mark Kempton, gave some background information to explain the need of an Inter-Governmental Agreement (IGA). The Water Treatment Facility has two primary drinking water sources (Horsetooth Reservoir (HT) and Poudre River). Northern Water did work on the line and found two issues with valves and the trash racks on the inlet, inside the reservoir, that needs to be replaced. This means that the HT pipeline will need to be shut down for 45 days. Since all dependency will fall on the Poudre River during this time, it requires staff to mitigate risks associated with the plan (forest fires, vehicles in the river, tanker trucks in the river, etc.). The proposal is to enter an IGA with the Tri-Districts to look at risk mitigation strategies and possibly to structure temporary water supplies during the 45 days. Some preliminary ideas have been discussed, such asking CDOT to restrict truck traffic in Poudre Canyon during the 45 days. The final plan alternatives will be selected in the late summer of 2019. The line would be shut down in October of 2020. Discussion Summary: • Board members commented on and inquired about various related topics including what HT’s water level would be brought down to (The level will be brought down to around 100 feet, a typical Fall level), how the 45-day- timeline was chosen (Mr. Kempton said the original plan was for 60 days, but they were able to bring down to the current projection with work planned seven days a week. Coating of the pipeline alone takes 7-10 days before water can be ran through the line), the reason for the October 2020 shut down (October is the best month because demands drop-off and it is also when Northern Water requested the shut-down to take place), anticipated costs of the project (possibly 20,000-30,000 in engineering fees), and clarification on the risk (The risk isn’t the water supply, but the immediate acute risk of something happening and the water can’t be treated). Board Member Bovee moved that the Water Board recommend to City Council the adoption of an Inter-Governmental Agreement with the Tri-Districts ATTACHMENT 1 9.1 Packet Pg. 137 Attachment: Water Board minutes, April 18, 2019 (draft) (7847 : Horsetooth Water Supply IGA) WATER BOARD REGULAR MEETING 04/18/2019 – Excerpt from Unapproved DRAFT MINUTES Page 2 authorizing the City to enter into a contract to develop alternate water supply and mitigation strategies for the planned shutdown of the Horsetooth water supply line in the Fall of 2020. Board Member Ortman seconded the motion. Vote on the motion: It passed unanimously, 7-0. 9.1 Packet Pg. 138 Attachment: Water Board minutes, April 18, 2019 (draft) (7847 : Horsetooth Water Supply IGA) -1- RESOLUTION 2019-055 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS, THE EAST LARIMER COUNTY WATER DISTRICT, THE FORT COLLINS-LOVELAND WATER DISTRICT, AND THE NORTH WELD COUNTY WATER DISTRICT REGARDING A STUDY RELATED TO A TEMPORARY SHUTDOWN OF THE HORSETOOTH RESERVOIR SOLDIER CANYON OUTLET WHEREAS, Horsetooth Reservoir is a water storage reservoir operated by the Northern Colorado Water Conservancy District (“Northern Water”), and the Soldier Canyon Outlet is a pipe and related infrastructure that conveys water from Horsetooth Reservoir under and through the Soldier Canyon Dam; and WHEREAS, water delivered through the Soldier Canyon Outlet is ultimately delivered to, among other locations: the Soldier Canyon Filter Plant, which is owned and operated by the East Larimer County Water District; the Fort Collins-Loveland Water District; and the North Weld County Water District (collectively, “Tri-Districts”) through the Soldier Canyon Water Treatment Authority and the City’s Water Treatment Facility; and WHEREAS, Northern Water intends to temporarily shut down the Soldier Canyon Outlet during late 2019 or 2020 for approximately 30 to 45 days for inspection, maintenance, and related purposes, which will result in a temporary water supply disruption for the City and the Tri-Districts; and WHEREAS, the City and the Tri-Districts desire to investigate ways to address this temporary water supply disruption and would each perform such investigations separately in the absence of any collaboration as contemplated in this Resolution; and WHEREAS, because of the overlapping of interests among the City and the Tri-Districts, a joint investigation through a study of the various options for the Parties (the “Study”) would result in cost savings for each and be to their benefit; and WHEREAS, the City intends to use an engineering consulting firm the City already has under contract to perform the Study pursuant to a scope of work for the Study that will be developed by jointly the City and the Tri-Districts, with the Tri-Districts to reimburse the City for their portion of the Study which will reduce the City’s costs to investigate ways to address the temporary water supply disruption identified above; and WHEREAS, staff from the City and the Tri-Districts have negotiated an agreement regarding such a Study, as set forth in the draft Agreement attached hereto as Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 139 -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Manager is hereby authorized to execute an agreement substantially in the form of Exhibit “A”, with such modifications and additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and 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 7th day of May, A.D. 2019. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 140 (03/08/19) Page 1 of 9 AGREEMENT BETWEEN THE CITY OF FORT COLLINS, THE EAST LARIMER COUNTY WATER DISTRICT, THE FORT COLLINS- LOVELAND WATER DISTRICT, AND THE NORTH WELD COUNTY WATER DISTRICT REGARDING A STUDY RELATED TO A TEMPORARY SHUTDOWN OF THE HORSETOOTH RESERVOIR SOLDIER CANYON OUTLET This Agreement is entered into by and between the following Parties: the City of Fort Collins, Colorado, a home rule municipality (“City”); the East Larimer County Water District, a political subdivision of the State of Colorado (“ELCO”); the Fort Collins-Loveland Water District, a political subdivision of the State of Colorado (“FCLWD”); and the North Weld County Water District, a political subdivision of the State of Colorado (“NWCWD”). ELCO, FCLWD, and NWCWD are collectively referred to as the “Tri-Districts.” RECITALS A. Horsetooth Reservoir is a water storage reservoir operated by the Northern Colorado Water Conservancy District (“Northern Water”). The Soldier Canyon Outlet is a pipe and related infrastructure that conveys water from Horsetooth Reservoir under and through the Soldier Canyon Dam. B. Water delivered through the Soldier Canyon Outlet is ultimately delivered to, among other locations: the City’s Water Treatment Facility and the Soldier Canyon Filter Plant, which is owned and operated by the Tri-Districts through the Soldier Canyon Water Treatment Authority. C. Northern Water intends to temporarily shut down the Soldier Canyon Outlet during late 2019 or 2020 for approximately 30 to 45 days for inspection, maintenance, and related purposes. This will result in a temporary water supply disruption for the Parties. D. The Parties desire to investigate ways to address this temporary water supply disruption. Because of the overlapping of interests among the Parties, a joint investigation through a study of the various options for the Parties (“Study”) would result in cost savings for each of the Parties and be to their benefit. The Parties thus desire to work together on the Study as set forth herein. E. The City intends to use HDR, an engineering consulting firm the City already has under contract (“Consultant”), to perform the Study. The Tri-Districts will reimburse the City for their portion of the Study as described below. F. As governmental entities, the Parties are authorized into enter into the following intergovernmental agreement pursuant to C.R.S. §29-1-203. EXHIBIT A 1 Packet Pg. 141 Attachment: Exhibit A (7942 : Horsetooth Water Supply IGA RESO) (03/08/19) Page 2 of 9 AGREEMENT 1. INCORPORATION OF RECITALS. The foregoing recitals are hereby incorporated as if fully restated in their entirety. 2. THE SCOPE. The Parties will meet with the Consultant to jointly develop the scope of the Study to be completed (“Scope”), which shall include a total cost estimate for the Study and a proportional allocation of costs to each Party based on the amount of the Study attributed to each Party’s needs. Before the Consultant begins the Study, each of the Parties shall confirm in writing (such as by email or otherwise) that the Scope is acceptable. 3. COOPERATION WITH THE STUDY. The Tri-Districts agree to cooperate in good faith with the City and the Consultant for the Study, including: developing the Scope; reviewing and providing comments on draft analyses and reports generated by the Consultant as part of the Study in its development and completion; and providing information needed to complete the Study to the Consultant, in a timely manner. The City agrees to work in good faith to ensure that the Tri- Districts have a meaningful opportunity to review and provide comments as discussed above, and to address comments. 4. OWNERSHIP OF THE STUDY. Each of the Parties will be an owner of the Study and all other deliverables provided by the Consultant on the Study (including, but not limited to, analyses, analytical tools, data, models, and reports and drafts thereof). The City shall provide the Tri-Districts with a copy of the draft and final reports, as well as the data, analytical tools, and all other information generated by the Consultant in association with the Study that are related to their systems within 14 days of the City’s receipt of the same, subject to the terms and conditions of this Agreement. 5. REIMBURSEMENT TO THE CITY. Each of the Tri-Districts shall pay the City for that district’s portion of the Study as set forth in the agreed-upon Scope within 45 days of receiving an invoice from the City for the same. Each of the Tri-Districts shall submit payment to Fort Collins Utilities (attn: Lance Smith and Phil Ladd), 700 Wood Street (P.O. Box 580) Fort Collins, Colorado 80522-0580. 6. FISCAL CONTINGENCY. Notwithstanding any other provisions of this Agreement to the contrary, the obligations of the Parties in fiscal years after the fiscal year of this Agreement shall be subject to appropriation of funds sufficient and intended therefor, with the Party having the sole discretion to determine whether the subject funds are sufficient and intended for use under this Agreement. The failure of a Party to appropriate such funds shall be grounds for termination of this Agreement as to such Party upon written notice pursuant to Paragraph 11. 7. REMEDIES. If any Party fails to comply with the provisions of this Agreement, the other Parties, after providing prompt written notification to the noncomplying Party, and upon the failure of the noncomplying Party to achieve compliance within 35 days following receipt of such notice, may seek all such remedies available under Colorado law. 1 Packet Pg. 142 Attachment: Exhibit A (7942 : Horsetooth Water Supply IGA RESO) (03/08/19) Page 3 of 9 8. NO THIRD-PARTY BENEFICIARIES. This Agreement is entered into between the Parties for the purposes set forth herein. It is the intent of the Parties that they are the only beneficiaries of this Agreement and the Parties are only benefitted to the extent provided under the express terms and conditions of this Agreement. 9. GOVERNING LAW AND ENFORCEABILITY. This Agreement shall be construed in accordance with the laws of the State of Colorado. The Parties recognize that the constitutions, statutes, and rules and regulations of the State of Colorado and of the United States, as well as the Parties’ respective bylaws, city charters and codes, and rules and regulations, impose certain legal constraints on each Party and that the Parties intend to carry out the terms and conditions of this Agreement subject to those constraints. Whenever possible, each provision of this Agreement shall be interpreted in such a manner so as to be effective and valid under applicable law. 10. WAIVER. A waiver of a breach of any of the provisions of this Agreement shall not constitute a waiver of any subsequent breach of the same or another provision of this Agreement. Nothing in this Agreement shall be construed as any waiver of governmental immunity of the Parties who are governments or any other governmental provisions of State law. Specifically, by entering into this Agreement, neither Party waives the monetary limitations on liability or any other rights, immunities, or protections provided by the Colorado Government Immunity Act, C.R.S. § 24-10-101, et seq., or any successor or similar statutes of the State of Colorado. 11. NOTICES. All notices or other communications hereunder shall be sufficiently given and shall be deemed given (i) when personally delivered; (ii) on the date and at the time of delivery or refusal of acceptance of delivery if delivered or attempted to be delivered by an overnight courier service to the party to whom notice is given at the address specified below; (iii) on the date and at the time shown on the electronic mail if sent by electronic transmission at the e-mail addresses set forth below and receipt of such electronic mail is acknowledged by the intended recipient thereof; or (iv) after the lapse of five business days following mailing by certified mail-return receipt requested, postage prepaid, addressed as follows: To Fort Collins: City Manager City Hall West 300 LaPorte Avenue; P.O. Box 580 Fort Collins, Colorado 80522-0580 With copy to: Fort Collins City Attorney 300 LaPorte Avenue; P.O. Box 580 Fort Collins, Colorado 80522-0580 E-mail: epotyondy@fcgov.com 1 Packet Pg. 143 Attachment: Exhibit A (7942 : Horsetooth Water Supply IGA RESO) (03/08/19) Page 4 of 9 and: Fort Collins Utilities Attn: Director of Plant Operations 4316 LaPorte Ave. Fort Collins, Colorado 80521 E-mail: mkempton@fcgov.com To ELCO: East Larimer County Water District Attn: District Manager 232 S. Link Lane (Zip Code: 80524) P.O. Box 2044 Fort Collins, Colorado 80522 Telephone: (970) 493-2044 Email: mikes@elcowater.org With copy to: Hasler, Fonfara and Goddard LLP Attn: Joseph H. Fonfara 125 S. Howes Street, 6 th Floor (Zip Code: 80521) P.O. Box 2267 Fort Collins, CO 80522 Telephone: (970) 493-5070 E-mail: JoeF@HFGLawfirm.com To FCLWD: Fort Collins-Loveland Water District Attn: District Manager 5150 Snead Drive Fort Collins, Colorado 80525 Telephone: (970) 226-3104 E-mail: chrism@fclwd.com With copy to: Collins Cockrel & Cole, P.C. Attn: Robert G. Cole 390 Union Boulevard, Ste. 400 Denver, Colorado 80228-1556 Telephone: (303) 218-7197 E-mail: rcole@cccfirm.com To NWCWD: North Weld County Water District Attn: District Manager 32825 CR 39 P.O. Box 56 Lucerne, Colorado 80646 Telephone: (970) 356-3020 E-mail: water@nwcwd.org 1 Packet Pg. 144 Attachment: Exhibit A (7942 : Horsetooth Water Supply IGA RESO) (03/08/19) Page 5 of 9 With copy to: Hasler, Fonfara and Goddard LLP Attn: Joseph H. Fonfara 125 S. Howes Street, 6 th Floor (Zip Code: 80521) P.O. Box 2267 Fort Collins, CO 80522 Telephone: (970) 493-5070 E-mail: JoeF@HFGLawfirm.com 12. CONSTRUCTION. This Agreement shall be construed according to its fair meaning as it was prepared by the Parties. Headings in this Agreement are for convenience and reference only and shall in no way define, limit, or prescribe the scope or intent of any provision of this Agreement. 13. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the Parties regarding the matters addressed herein. This Agreement binds and benefits the Parties and their respective successors. Covenants or representations not contained in this Agreement regarding the matters addressed herein shall not bind the Parties. 14. REPRESENTATIONS. Each Party represents to the other parties that it has the power and authority to enter into this Agreement and the individual signing below on behalf of that Party has the authority to execute this Agreement on its behalf and legally bind that Party. 15. ASSIGNMENT. No Party may assign any rights or delegate any duties under this Agreement without the written consent of all other Parties. 16. SEVERABILITY. If any provision of this Agreement shall prove to be illegal, invalid, unenforceable or impossible of performance, the remainder of this Agreement shall remain in full force and effect. [Remainder of Page Intentionally Blank] 1 Packet Pg. 145 Attachment: Exhibit A (7942 : Horsetooth Water Supply IGA RESO) (03/08/19) Page 6 of 9 CITY OF FORT COLLINS, COLORADO, a home-rule city By: ______________________________________ Date: Darin A. Atteberry, City Manager ATTEST: By: ______________________________________ City Clerk APPROVED AS TO LEGAL FORM: By: ______________________________________ City Attorney’s Office 1 Packet Pg. 146 Attachment: Exhibit A (7942 : Horsetooth Water Supply IGA RESO) (03/08/19) Page 7 of 9 EAST LARIMER COUNTY WATER DISTRICT, a political subdivision of the State of Colorado By: ________________________________________ Date: Mike Scheid, General Manager 1 Packet Pg. 147 Attachment: Exhibit A (7942 : Horsetooth Water Supply IGA RESO) (03/08/19) Page 8 of 9 FORT COLLINS-LOVELAND WATER DISTRICT, a political subdivision of the State of Colorado By: ________________________________________ Date: Chris Matkins, General Manager 1 Packet Pg. 148 Attachment: Exhibit A (7942 : Horsetooth Water Supply IGA RESO) (03/08/19) Page 9 of 9 NORTH WELD COUNTY WATER DISTRICT, a political subdivision of the State of Colorado By: ________________________________________ Date: Eric Reckentine, General Manager 1 Packet Pg. 149 Attachment: Exhibit A (7942 : Horsetooth Water Supply IGA RESO) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY May 7, 2019 City Council STAFF Liesel Hans, Water Conservation Manager Abbye Neel, Water Conservation Specialist Eric Potyondy, Legal SUBJECT Resolution 2019-056 Supporting the Grant Application by Fort Collins Utilities for the United States Department of the Interior, Bureau of Reclamation’s WaterSMART Grant and Authorizing the City Manager to Execute Agreements Regarding Such a Grant. EXECUTIVE SUMMARY The purpose of this item is to request City Council support to pursue a United States Bureau of Reclamation WaterSMART Grant: Small Scale Water Efficiency Projects for Fiscal Year 2019. If awarded, Fort Collins Utilities, through its Water Conservation Division, would use the funds to support commercial-scale waterwise transformations in partnership with homeowners’ associations (“HOAs”) and commercial customers. Reclamation requires a resolution of City Council support be submitted as part of the grant application package. The Resolution demonstrates that the applicant has support from its governing board to carry out the grant agreement, if awarded. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Water Conservation is seeing an increasing need for support and education around commercial-scale waterwise landscape transformation projects (e.g., turf-to-native grass or other low-water-use landscape) due to: (1) increases in the excess water use surcharge, (2) community interest, and (3) the need for more drought- and heat-tolerant landscapes in the face of climate change. About 7 percent of Utilities water customers are commercial accounts (including all irrigation-related accounts), yet they use 40 percent of the treated water. Up to 60-70 percent of this is used to irrigate. The Water Efficiency Plan, adopted by City Council in 2016, identifies the great opportunity to achieve long-term water savings by working with commercial customers on reducing outdoor water use. From research, surveys, and focus-groups, staff has identified that funding and educational/technical resources are two main barriers to customers completing these types of projects. In the 2019-20 Budgeting for Outcomes process, staff applied for funds to support a commercial-scale landscape program similar to the already funded single-family residential Xeriscape Incentive Program (XIP); this was supported by the Water Board but did not ultimately receive funding. Water Conservation does not currently have sufficient funds to support landscape transformation incentive program for commercial-scale landscapes. 10 Packet Pg. 150 Agenda Item 10 Item # 10 Page 2 To address this gap, staff applied for a $70,000 grant through the Colorado Water Conservation Board (CWCB) to support HOA and commercial landscape transformation projects. Awardees will be notified in May 2019. To increase the number of customers and projects staff can support and/or secure funds if the CWCB grant is not successful, Water Conservation is also applying for $75,0000 from the WaterSMART Grant. (Attachment 1) If awarded, staff anticipates being able to provide between $5-15k per project and support about 10-15 Fort Collins Utilities water customers. The number of supported projects can be doubled if Utilities is awarded both the CWCB and WaterSMART Grant. All applicants for the WaterSMART Grants are required to include an official resolution from their governing board within 30 days of the application due date that verifies: • The identity of the official with legal authority to enter into an agreement; • Support of the application and use of grant funds; • The capability of the applicant to provide the amount of funding and in-kind contributions for the grant; and • The applicant is committed to work with USBR to meet all established deadlines. If awarded, Water Conservation is expected to submit financial and performance reports on at least an annual basis that include information on project progress and cost. CITY FINANCIAL IMPACTS Obtaining this grant would enable Water Conservation to support a much needed HOA and commercial landscape transformation program. Reclamation requires a 50% match of the total project cost with cash or in- kind services. The funds necessary to meet the match requirement are already appropriated. BOARD / COMMISSION RECOMMENDATION At its April 18, 2019 meeting, the Water Board unanimously approved staff pursuing this opportunity. (Attachment 2). ATTACHMENTS 1. Water Board minutes, April 18, 2019 (draft) (PDF) 10 Packet Pg. 151 U.S. Bureau of Reclamation WaterSMART Grant Resolution Abbye Neel, Water Conservation Specialist Liesel Hans, Water Conservation Manager (Attachments available upon request) Presentation Summary • Water Conservation Specialist, Abbye Neel, and Water Conservation Manager, Liesel Hans asked the board if they would support the Water Conservation Staff in their application for the United States Bureau of Reclamation (Reclamation) WaterSMART grant. Water Conservation is applying for a Reclamation WaterSMART grant to be able to provide financial incentives to support waterwise transformation of Home Owner Associations (HOAs) and commercial landscapes. All grant applicants are required to include an official resolution adopted by City Council that commits the applicant to the legal and financial requirements, if awarded, as outlined by the Reclamation. If awarded, the grant will fund commercial-scale landscape transformation projects that expand upon the already successful residential Xeriscape Incentive Program. These funds could also support participants, potentially in 2019, in the proposed Allotment Management Program (AMP), if AMP is approved. Discussion Summary • Board members commented on and inquired about various related topics including whether the grant allows activities such as putting in sprinklers (Ms. Neel confirmed;funding will be available for such requests)’ if funding could be available to take action in 2019 (Council passed the purposed Allotment Management Program in the context that a waiver could be applied for this year and funding would be received early next year), and what work is being done for City departments, like Planning and Utilities, to better support each other (Water Resources, Water Conservation, Finance, Planning, and Zoning are working on changing ordinances within the departments). Board Member Bovee moved that the Water Board support Water Conservation Staff in ATTACHMENT 1 WATER BOARD REGULAR MEETING April 18, 2019 10.1 Packet Pg. 152 Attachment: Water Board minutes, April 18, 2019 (draft) (7936 : USBR WaterSMART grant) WATER BOARD REGULAR MEETING 04/18/2019 – Excerpt from Unapproved DRAFT MINUTES Page 2 their application for the United States Bureau of Reclamation WaterSMART grant. Board Member Steed seconded the motion. Vote on the motion: It passed unanimously, 7-0. 10.1 Packet Pg. 153 Attachment: Water Board minutes, April 18, 2019 (draft) (7936 : USBR WaterSMART grant) -1- RESOLUTION 2019-056 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUPPORTING THE GRANT APPLICATION BY FORT COLLINS UTILITIES FOR THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION’S WATERSMART GRANTS: SMALL-SCALE WATER EFFICIENT PROJECTS FOR FISCAL YEAR 2019 AND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS REGARDING SUCH A GRANT WHEREAS, the City owns and operates Fort Collins Utilities (“Utilities”), which includes a water utility that provides water to customers in its service area; and WHEREAS, water conservation is a tool that is used by Utilities, primarily through the Utilities Water Conservation Division, to manage and reduce the demand for water service from the water utility by Utilities customers, which is beneficial to the City, the water utility, and its ratepayers by, among other reasons, helping to ensure that the demand for water does not exceed supplies, which could result in more shortages and other adverse impacts; and WHEREAS, Utilities has developed a project (the “Project”) to support customers seeking to transform their largescale landscapes to use less water from Utilities, such as those of homeowners’ associations and commercial customers, and funds have been appropriated to carry out the Project; and WHEREAS, the United States Department of the Interior, Bureau of Reclamation (“Reclamation”) has a WaterSMART (Sustain and Manage America’s Resources for Tomorrow) Program and has requested applications for WaterSMART Grants: Small-Scale Water Efficiency Projects for Fiscal Year 2019 (“WaterSMART Grant”); and WHEREAS, such a WaterSMART Grant could provide significant funding for the Project, allowing the Project to proceed; and WHEREAS, the City desires to pursue such a WaterSMART Grant; and WHEREAS, with such a WaterSMART Grant, the City would be required to share 50% or more of the total costs for the Project; and WHEREAS, Utilities has prepared a draft of the application for the WaterSMART Grant, a copy of which is attached as Exhibit “A” (the “WaterSMART Grant Application”); and WHEREAS, applications for WaterSMART Grants require a resolution from the applicant’s governing board verifying: (1) the identity of the official with legal authority to enter into an agreement: (2) the board of directors, governing body, or appropriate official who has reviewed and supports the application submitted; (3) the capability of the applicant to provide the amount of funding and/or in-kind contributions specified in the funding plan; and (4) that the applicant will work with Reclamation to meet established deadlines for entering into a grant or cooperative agreement. -2- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals above. Section 2. That the City Manager is hereby authorized to execute an agreement related to a WaterSMART Grant consistent with this Resolution, with such terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City and to effectuate the purposes of this Resolution. Section 3. That the City Council has reviewed and supports the WaterSMART Grant Application to be submitted. Section 4. That the City Council has the capability to provide the amount of funding and/or in-kind contributions specified in the project budget funding plan described in the WaterSMART Grant Application. Section 5. That the City Manager will work with Reclamation to meet established deadlines for entering into a grant or cooperative agreement related to any award of a WaterSMART Grant. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th day of May, A.D. 2019. _________________________________ Mayor ATTEST: _____________________________ City Clerk OMB Number: 4040-0004 Expiration Date: 12/31/2019 * 1. Type of Submission: * 2. Type of Application: * 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: 5b. Federal Award Identifier: 6. Date Received by State: 7. State Application Identifier: * a. Legal Name: * b. Employer/Taxpayer Identification Number (EIN/TIN): * c. Organizational DUNS: * Street1: Street2: * City: County/Parish: * State: Province: * Country: * Zip / Postal Code: Department Name: Division Name: Prefix: * First Name: Middle Name: * Last Name: Suffix: Title: Organizational Affiliation: * Telephone Number: Fax Number: * Email: * If Revision, select appropriate letter(s): * Other (Specify): State Use Only: 8. APPLICANT INFORMATION: d. Address: e. Organizational Unit: f. Name and contact information of person to be contacted on matters involving this application: Application for Federal Assistance SF-424 Preapplication Application Changed/Corrected Application New Continuation Revision Completed by Grants.gov upon submission. City of Fort Collins Utilities City of Fort Collins Fort Collins, City of 84-6000587 0783625970000 300 La Porte Ave Fort Collins CO: Colorado USA: UNITED STATES 80521-2719 Customer Care and Connections Water Conservation Abbye Neel Water Conservation Specialist 970-416-4371 aneel@fcgov.com PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 EXHIBIT A 1 Packet Pg. 156 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) * 9. Type of Applicant 1: Select Applicant Type: Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: * Other (specify): * 10. Name of Federal Agency: 11. Catalog of Federal Domestic Assistance Number: CFDA Title: * 12. Funding Opportunity Number: * Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): * 15. Descriptive Title of Applicant's Project: Attach supporting documents as specified in agency instructions. Application for Federal Assistance SF-424 C: City or Township Government Bureau of Reclamation 15.507 Water SMART (Sustaining and Manage America's Resources for Tomorrow) BOR-DO-19-F005 WaterSMART Grants:Small-Scale Water Efficiency Projects for Fiscal Year 2019 BOR-DO-19-F005 WaterSMART Grants: Small-Scale Water Efficiency Projects for Fiscal Year 2019 Xeriscape Incentive Program Expansion Add Attachments Delete Attachments View Attachments Add Attachment Delete Attachment View Attachment PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 157 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) * a. Federal * b. Applicant * c. State * d. Local * e. Other * f. Program Income * g. TOTAL . Prefix: * First Name: Middle Name: * Last Name: Suffix: * Title: * Telephone Number: * Email: Fax Number: * Signature of Authorized Representative: * Date Signed: 18. Estimated Funding ($): 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Application for Federal Assistance SF-424 * a. Applicant Attach an additional list of Program/Project Congressional Districts if needed. * b. Program/Project * a. Start Date: * b. End Date: 16. Congressional Districts Of: 17. Proposed Project: CO-002 CO-002 Add Attachment Delete Attachment View Attachment 07/01/2019 04/30/2022 75,000.00 81,646.00 70,000.00 0.00 0.00 0.00 226,646.00 a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372. Yes No Add Attachment Delete Attachment View Attachment ** I AGREE Kevin Gertig Utilities Executive Director 970-416-2232 kgertig@fcgov.com Completed by Grants.gov upon submission. * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? Completed by Grants.gov upon submission. If "Yes", provide explanation and attach PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 ATTACHMENTS FORM Instructions: On this form, you will attach the various files that make up your grant application. Please consult with the appropriate Agency Guidelines for more information about each needed file. Please remember that any files you attach must be in the document format and named as specified in the Guidelines. 15) Please attach Attachment 15 1) Please attach Attachment 1 2) Please attach Attachment 2 3) Please attach Attachment 3 4) Please attach Attachment 4 5) Please attach Attachment 5 6) Please attach Attachment 6 7) Please attach Attachment 7 8) Please attach Attachment 8 9) Please attach Attachment 9 10) Please attach Attachment 10 11) Please attach Attachment 11 12) Please attach Attachment 12 13) Please attach Attachment 13 14) Please attach Attachment 14 Important: Please attach your files in the proper sequence. See the appropriate Agency Guidelines for details. WaterSmart Applicant Package_ Add Attachment Delete Attachment View Attachment CWCB letter of committment Wa Add Attachment Delete Attachment View Attachment Northern Water_Letter of Supp Add Attachment Delete Attachment View Attachment CSU Extension_Letter of Suppo Add Attachment Delete Attachment View Attachment Add Attachment Delete Attachment View Attachment Add Attachment Delete Attachment View Attachment Add Attachment Delete Attachment View Attachment Add Attachment Delete Attachment View Attachment Add Attachment Delete Attachment View Attachment Add Attachment Delete Attachment View Attachment Add Attachment Delete Attachment View Attachment Add Attachment Delete Attachment View Attachment Add Attachment Delete Attachment View Attachment Add Attachment Delete Attachment View Attachment Add Attachment Delete Attachment View Attachment PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 159 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) 1 Xeriscape Incentive Program Expansion Helping customers create beautiful, water-wise landscapes Fort Collins Utilities 222 Laporte Ave, PO Box 580 Fort Collins, CO 80522 Abbye Neel, Project Manager 222 Laporte Ave, PO Box 580 Fort Collins, CO 80522 aneel@fcgov.com 970-416-4371 H2O Fo Co PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 160 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) 2 D.2.2.3. Table of Contents Technical Proposal and Evaluation Criteria............................................................................2 Executive Summary.................................................................................................................2 Background Data.....................................................................................................................3 Project Location.......................................................................................................................4 Technical project description and milestones...........................................................................5 Evaluation Criteria ...................................................................................................................9 Project Budget ........................................................................................................................15 Funding Plan and Letters of Commitment..............................................................................15 Budget Proposal....................................................................................................................15 Budget Narrative....................................................................................................................16 Environmental and cultural resources compliance..............................................................19 Required permits or approvals ..............................................................................................20 Letters of project support.......................................................................................................20 Official Resolution ..................................................................................................................20 D.2.2.4. Technical proposal and evaluation criteria Executive Summary April 24, 2019 Fort Collins Utilities Fort Collins, Larimer County, Colorado Fort Collins Utilities proposes expanding the successful single-family residential Xeriscape Incentive Program (XIP) to commercial-scale landscapes. Funds will be used to provide financial incentives for business and homeowner associations (HOAs) to undertake large landscape transformations that reduce long-term seasonal water demands and increase resilience to current and future climate conditions. This expansion was identified based on our Water Efficiency Plan as well as local factors that are driving unprecedented interest and need for commercial landscape change. Based on XIP projects from 2016-18, we estimate average annual savings of 13 gallons per square foot transformed. If the funds are awarded, about 12 projects could be supported with a minimum savings of 3.1 million gallons per year. The results are expected to be greater as some customers will implement larger projects than the minimum of 20,000 sq. ft. Fort Collins Utilities requests $75,000 from the U.S. Bureau of Reclamation to expand the existing program. Utilities currently has a pending grant with the Colorado Water Conservation Board (CWCB) for $70,000. Utilities will match up to $81,646 dollars of cash and in-kind PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 161 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) 3 services for a total program cost of $226,646. If all funding is granted $165,000 will be used to rebate landscape projects. The remaining $61,646 will cover materials and in-kind salaries and wages. Fort Collins Utilities anticipates starting initial program preparation in July 2019, with implementation of landscape projects starting in spring of 2020. All projects should be fully installed by October 2021. The project is not located on a Federal facility. Background Data Fort Collins Utilities (Utilities) is a municipally owned utility primarily supplied by two surface water sources: the Cache la Poudre River (Poudre River) and the Colorado-Big Thompson (C- BT) Project. Combined, Utilities delivers an average of 26,000 acre-feet of treated water for municipal uses. Specifically, the primary components of the Utilities’ water rights portfolio are: x Poudre River Senior Direct Flow Decrees: Utilities has five senior direct flow rights that allow Utilities to divert an average of 12,600 per acre-feet. These rights are usually available unless there is a severe dry period. x Poudre River Junior Direct Flow Decrees: The Utilities’ junior rights (1955 appropriation date) are only in priority during peak runoff periods. Annual yield can range from zero to 5,400 acre-feet depending on the year. x C-BT Water: Utilities owns about 18,855 units of C-BT water. Deliveries depend on the annual quota set by Norther Water each year. Quotas can range from annual yields of 9,400 acre-feet to 18,800 acre-feet. An average year yields 75,245 acre-feet of water, if all rights were fully usable; however, due to legal and capacity constraints, present yield available for municipal use is much less. Utilities is actively trying to address these issues; however, the lack of storage capacity is the greatest water supply vulnerability. Utilities serves approximately 35,500 water accounts and 133,000 people. Eighty-two percent of accounts are single family residential customers, 11 percent are duplex or multifamily accounts, and 7 percent are commercial (including irrigation accounts). The Utilities’ current planning level is 150 gallons per capita per day (gpcd), however Utilities also has an efficiency goal of 130 gpcd by 2030. The population within the service area is expected to increase by 35,000 residents in the next 30 years (Figure 1). PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 162 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) 4 Figure 1. Projected Treated Water Demand and Population Throughout the Utilities’ distribution area there are 544 miles of water mainlines. There are four finished water storage reservoirs: two can store 14 million gallons (MG), one can store 3.8 MG, and one can store 1.5 MG. The distribution system is gravity fed, however there are two finished water pumping stations at the treatment plant to serve a single pressure zone. One station can pump about 4,500 gallons per minute (gpm) and the other can pump about 8,300 gpm. Pumping rates vary significantly throughout the day and year. There are no current relationships with the Bureau of Reclamation. Project Location The City of Fort Collins (City) is located 65 miles north of Denver in Larimer County. The Fort Collins Utilities service area boundaries for water do not perfectly match the City limits. Figure 2 shows the Fort Collins Utilities service area relative to other water district service areas and City limits. Fort Collins Utilities currently serves about 75% of Fort Collins’ residents and businesses. The Xeriscape Incentive Program Expansion is located in Fort Collins Utilities service area in Fort Collins, Colorado USA. The project latitude is 40°35’N and the longitude is 105°5’W. The weather and climate conditions in this semi-arid region mean that nearly all landscapes require irrigation to survive. PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 163 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) 5 Figure 2. Water Service Area and surrounding Water District Boundaries. Technical project description and milestones Technical Project Description – Utilities requests funds to expand our current single-family- residential Xeriscape Incentive Program (XIP) to include commercial-scale landscapes on Homeowners Association (HOA) and commercial properties. XIP started in 2016 and has successfully grown almost 3-fold from 16 projects to 47 projects in 2018. Nearly 120,000 square feet have been converted through this education-focused incentive program. We estimate 1.7 million gallons of annual savings from previously completed XIP projects. XIP provides a rebate for transforming high-water use landscape to low- or no-water-use landscaping or hardscaping. Participants are required to provide “before” photos, a landscape plan, irrigation plan, and a narrative describing the proposed project. Participants can attend optional 1:1 consultation and have a required end-of-project final inspection and evaluation. Learn more at fcgov.com/xip. PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 164 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) 6 Utilities does not currently have sufficient funds to expand XIP to commercial customers. In lieu of funds, Utilities created “no-cost” services like the Landscape Water Budget (LWB) program for commercial-scale landscapes; LWB combines a customer’s water use with information about their landscape area and type in order to show a simple comparison of actual water use to efficient water use. These reports are sent on a monthly basis and are used as a tool among Utilities staff, the customer, and their landscape contractor to identify opportunities to more efficiently manage their landscape, water use and ultimately their water bills. We estimate this service helped 15 customers save 22 million gallons in 2018. Learn more at fcgov.com/commercial-irrigation. Purpose: The purpose of this funding request is to expand the successful structure of XIP to commercial customers, in conjunction with the LWB program, to achieve significant peak- season water savings by lowering landscape irrigation need. A complementary long-term goal is to increase the resiliency and drought tolerance of our community’s landscapes. Fort Collins is already a semi-arid climate; rises in temperature and changes in precipitation patterns are expected to have a significant impact on our future water supplies and demands. Transforming landscapes now will help prepare our community for future droughts while protecting our community’s vibrancy and livability. Challenges: Most HOAs and business parks were built with large areas of unused turfgrass that require a lot of water. Only 7 percent of Utilities’ water accounts are commercial customers, which include irrigation accounts for HOAs, yet they use over 40 percent of treated water each year. Water demand increases for these customers by 60-70 percent in the summer months due to irrigation. Through surveys, focus-groups, and research, commercial customers have identified two key barriers to successfully implementing projects: Challenge Solution Cost of commercial-scale landscape change Expand XIP program to provide financial support for commercial-scale landscape change, while leveraging LWB program to provide educational opportunities to create community support and awareness for projects. Successful establishment and management of new landscapes Use XIP’s requirements (photos, a landscape plan, irrigation plan, and a narrative describing proposed project) to ensure project success. Adapt to address needs of commercial-scale landscapes including landscape contracts, establishment protocols, and maintenance plans. Leverage LWB and require milestone check-ins with project contact and landscape contractor to maintain progress and course-correct as issues arise. PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 165 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) 7 Residential XIP projects are more often completed by the homeowner. Commercial-scale projects are larger, more expensive, and require professional contractors. As we scale up to provide a commercial program offering, most requirements in the current XIP structure will be adjusted to require a more comprehensive and professional grade design, installation, and maintenance plan. Utilities staff will require more frequent milestone check-ins, especially as some projects may span more than one year. Project awards will be based on the size of the project as well as projected water savings. The City has a series of other programs that utilize a common application software that is familiar to the community; this will be used to expand XIP to commercial properties. Complete program timeline and requirements are included in the Program Overview and Project Implementation sections. Expected Results - Utilities will offer between $5,000 and $15,000 per project; we anticipate funding about 12 projects utilizing Utilities’ existing cash of $20,000 plus the Reclamation portion of $75,000. This will transform a minimum of 200,000 square feet, saving about 3.1 million gallons of water (9.6 acre-feet of water) per year. Utilities applied for a Colorado Water Conservation Board (CWCB) grant requesting $70,000 for use in 2019 and 2020. If awarded (notifications to be sent in May 2019), Utilities proposes using the CWCB grant funding as the match funding. If not awarded, Utilities will provide match funding from the Water Conservation budgets over 2020 and 2021. If both grants are awarded, Utilities will have a total of $165,000 available for project rebates, or estimated funding for up to 21 projects. At this level of funding, we estimate transforming a minimum 420,000 square feet with the potential to save about 5.5 million gallons (16.6 acre- feet) of water per year. Program Overview - The phases of the program expansion are as follows: 1. Participant Coordination and Call for Applications (July – October 2019): x Set-up administration processes through existing City software; finalize any internal administrative processes. x Advertise Call for Applications and work with individual participants to field questions and generate a set of high-quality applications. x Host educational events, conduct meetings with interested customers, partner with customers to facilitation information events for interested business or HOA. 2. Application Review and Project Selection (August 2019 – February 2020): x Review, score, and determine selected applications. Criteria includes: o Completeness of application o Project feasibility o Methodology and Quality of Plans (Landscape, Irrigation, Installation, Establishment and Maintenance) PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 166 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) 8 o Water savings potential o Community support x Host Project Launch Meetings with selected Applicants; finalize Project Monitoring Plans. x Enroll selected Participants in the Landscape Water Budget Program and other services as applicable (e.g. Utilities’ free leak monitoring and notification service). 3. Implementation and Monitoring (April 2020-October 2021): x Work with participants via the agreed upon Project Monitoring Plans as projects are implemented. Provide additional support or technical resources as needs arise. o Conduct scheduled site visits and other meetings with participants as needed. x Ensure data, photos and other relevant information is collected throughout implementation. 4. Project Review, Analysis and Follow-up (July 2021-April 2022): x Once participant projects are complete, Utilities will conduct exit site visits, collect and review all project documentation, engage in customer and community outreach, provide final funding as applicable. Participants are required to submit copies of receipts, invoices, proof of payment, and a W-9 tax form. x Initial analyses will be conducted after the first year of installation and after all project installations are complete; however, Utilities will continue to monitor water use and success of the landscapes beyond the timeline, budget and scope of this grant proposal. Staff will share results, lessons learned, and other findings as applicable through industry and community groups (e.g. webinars, conferences, local events, etc.). This effort will extend through 2022 and beyond, given the nature of landscape establishment and interest in understanding long-term impacts. Participant requirements: x Project Participant/Account representative must be a Fort Collins Utilities commercial water customer with a commercial or irrigation water account. x Participant must enroll in: o WaterSmart--an online water portal that allows customers to monitor water-use, and to set leak and high use alerts. o Landscape Budget Program--a site-specific monthly water budget tool that provides customers with the data needed to make well informed irrigation decisions. x Areas to be transformed must be in good health and have historic water use. x Participant must agree to a Project Monitoring Plan, which will include project milestones, scheduled check-ins, and site inspections. x Project must be approved by Utilities prior to installation. Any changes to project or timeline must be submitted to Utilities for approval; Monitoring Plan will be revised accordingly. PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 167 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) 9 x Participant must provide at least 50 percent match-funding. Match-funding must be cash; no in-kind. x Minimum impact area is 20,000 square feet (approximately half-acre) of irrigated area. x Applicant is responsible for filing any relevant minor amendments or permits through the Zoning Department. Must provide copy of documentation and approval to Utilities. x Applicants are eligible for other City of Fort Collins’ rebates, including irrigation rebates. x Participants agree that Utilities may monitor and report program activities and results to CWCB and/or Reclamation, including water usage and savings, project photos, etc. Utilities may also use this information in publications and online media to further education and goals around water conservation. Complete application includes: x Participant Information and Project Overview: o Applicant information, including account number(s) o Statement of purpose and need (maximum 300 words) o Project description (maximum 300 words) o Amount of money requested and detailed project budget o List of contractors/others involved in project x A clear map of existing irrigation system and landscape. x Water savings estimate (aided by Landscape Budget Program). x Minimum of two (2) wide-view photos of the proposed project area. x Professional landscape plan. x Landscape maintenance plan. x Professional irrigation plan and/or equipment upgrade schedule. x Irrigation plan, including plant establishment schedule and long-term schedule. x Community Education Plan (e.g. HOA board presentation meetings, signs). E.1. Evaluation criteria E.1.1. Evaluation Criterion A - Project Benefits (35 Points) Water Savings - Initial analysis of the residential-scale program demonstrates annual savings of about 13 gallons per square foot transformed. Average project size is about 1,175 square feet resulting in over 15 thousand gallons saved per participant per year. A recent study by the Alliance for Water Efficiency evaluated landscape transformation programs across the country and found that participants save between 7 and 39 percent, with savings increasing over time and greater savings from programs with an education component, like our program. By funding approximately 12 commercial-scale projects, we estimate saving at least 3.1 million gallons per year, or 9.6 acre-feet per year, if participants simply transform the minimum project size of half an acre. Savings will be larger if participants transform more area. Reducing demand for treated PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 168 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) 10 water, especially during peak irrigation season, will also reduce energy required for treating and delivering water. Water supply delivery system: This project will reduce demand on the surface water supply delivery system, which will help avoid or delay costs associated with increasing water supplies. Utilities anticipates needing to acquire approximately $25.5 million worth of additional water rights, some of which can be avoided through cost-effective conservation projects. By reducing irrigation needs, the project will also reduce peak season and peak day demands. A lower peak demand will delay and/or reduces the size and cost of future expansions to treatment and delivery infrastructure. Water supply reliability: Landscape changes improve resiliency to drought and climate change. Participants will proactively establish more tolerant landscapes that require less water long-term, allowing communities and Utilities to navigate future shortages and warmer, drier climate conditions with fewer impacts. There is a potential for a Compact Call on the Colorado River, which could impact Utilities’ water supplies from the Colorado-Big Thompson project. Reducing long-term demand reduces reliance on this potentially less reliable water supply. Geographic scope of benefits (local, sub-basin, basin): The program will include landscape transformation projects in the Cache la Poudre sub-basin of the South Platter River basin. By reducing overall water use, the program will reduce demands on water supplies in both the South Platte River basin as well as the Colorado River Basin (Colorado-Big Thompson project). Increased collaboration: Results and other information will be shared through a variety of venues. Utilities is a member of the Rocky Mountain Section of American Water Works Association (AWWA) Conservation Committee, where conservation professionals regularly meet to discuss topics like water efficiency programs, landscape change, drought planning and more. Utilities partners with other water service providers and managers in the immediate Fort Collins area and meets regularly with City Planners to discuss how to address water needs and develop land wisely given high projected population growth. Utilities is a member of Colorado WaterWise, a regional organization focused on connecting urban water efficiency stakeholders; information can be shared through their newsletter and/or through their webinar series. Utilities regularly attends and presents at regional and national conferences. We anticipate presenting the results of this program at future conferences. Benefits to local sectors and economies: Due to the scope of commercial projects, all participants are expected to utilize professional design, irrigation, hardscaping, and/or landscaping companies. Participants and their contractors will utilize local and regional vendors and nurseries that specialize in high-efficiency irrigation equipment, and drought tolerant and waterwise plant materials. In the 2018 season of XIP, total rebates paid were $31,533, while total project costs equaled $190,882. This suggests that every $1 of rebate incentive generates just over $6 worth of economic activity in our local green industry. Furthermore, the future PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 169 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) 11 maintenance and management of the new landscapes will support local landscape management companies, which is not captured in this value. Additional benefits: These transformation projects will demonstrate attractive low-water-use landscapes, which can boost local support for water efficiency programs and serve as examples for other HOAs or businesses who are contemplating landscape changes. They will help to improve familiarity and comfort with low-water and native landscapes. The program will improve water literacy in the community by educating participants and relevant stakeholders on water use, climate change, water rates, the cost/value of water service, drought planning, water supply planning, and more. These “additional” benefits are significant as many Fort Collins residents are transplants from other parts of the country and are unfamiliar with climate and water resources challenges in this region. NRCS: This program does not coincide with or require coordination with NRCS. E.1.2. Evaluation Criterion B - Planning Efforts Supporting the Project (35 Points) Fort Collins Utilities has a long-standing Water Conservation Program (since 1977) and has been proactively planning since the early 1990s. The first Water Demand Management Plan was created in 1992 and has evolved over the years to what is now two documents: the Water Supply and Demand Management Policy (WSDMP) and our Water Efficiency Plan (WEP). The original 1992 plan stated that “water is a limited and vital resource which must be used efficiently and wisely…the implementation of additional water conservation practices will benefit the City of Fort Collins by helping to assure continued reliable short- and long-term supplies…”. The WSDMP directs staff to develop strategies to ensure certain levels of service, one being to meet demands in a 1-in-50 year drought. As drought is expected to become more frequent and/or severe, Utilities needs to take on new strategies to prepare our community for a changing climate. The WEP, approved by the Colorado Water Conservation Board and City of Fort Collins City Council in 2016, outlines five critical strategies to achieve the overall goal of reducing our service area’s water use to 130 gallons per capita per day. This requires an 11 percent reduction from 2015 use. This program directly addresses four (shown in bold text) of the five critical strategies and will inform the remaining strategy focused on new development: 1. Leverage Advanced Meter Fort Collins data and capabilities 2. Promote and support greater outdoor water efficiency 3. Encourage greater integration of water efficiency into land use planning and building codes 4. Expand commercial and industrial strategies 5. Increase community water literacy The proposal to expand XIP to commercial-scale landscapes is a direct result of our work to address outdoor water use (2) and work more with commercial customers (4). The results of PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 170 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) 12 the proposed program will extend beyond the immediate participants by serving as demonstrations and resources to help others adapt Western landscapes to a changing climate, increasing community water literacy (5). As noted in the Project Benefits Evaluation Criteria, commercial-scale landscape transformations have the potential to save 3.1 million gallons, or 9.6 acre-feet of water per year. Savings will be higher if participants take on projects larger than the minimum requirement (20,000 sq. ft.). Savings will also be greater if we are awarded both grants, as described in the Expected Results section. Advanced Metering Data (1) in conjunction with the Landscape Water Budget program will provide water-savings data specific to each account. Learn more and read the entire Water Efficiency Plan here: fcgov.com/water- efficiency-plan. While we have a portfolio of other water conservation and efficiency programs, customers are currently very interested in pursuing landscape change due to a recent rate increase that is driving customers to address commercial landscape irrigation. The rate increase is associated with the projected cost of acquiring additional water resources in an increasingly water-scarce region of the West. The Colorado Front Range is one of the fastest growing regions and population growth is putting pressure on water supplies. The rate heavily impacts irrigation accounts and other commercial accounts that have an annual water allotment - when the customer uses more than their allotment in a calendar year, they face a hefty surcharge for all water used for the remainder of the year. The allotment is based on the amount of water provided for that account at the time of development; when customers go over, Utilities needs to collect revenue to acquire additional water resources to meet their demand. Reducing customer water demand benefits both the customer and Utilities - the customer reduces their bill while Utilities reduces the need to acquire additional water resources. As a result, we are seeking all opportunities to resource programs and services that will help implement successful commercial-scale landscape transformation projects to address this timely need. This proposal aligns with other local planning efforts across the City of Fort Collins. Fort Collins has an ambitious Climate Action Plan. While emissions related to water plays a relatively small role in mitigating climate change (our system is nearly all gravity fed and requires little pumping), we know that addressing water use will be critical in adapting to climate change. Utilities is conducting a vulnerability study to understand how various vulnerabilities, like climate change or an impact to infrastructure, will affect water supplies and demand. The results of this are expected to show that a hotter, drier future requires the community to move toward more drought-resilient and heat-tolerant landscapes. The City of Fort Collins just overhauled its comprehensive plan known as “City Plan”. A core value is sustainability, meaning “Fort Collins is resilient and forward thinking” and that we manage our water resources for a changing climate. Several policies within City Plan identify the need to address water efficiency and conservation, including the need to promote reductions in outdoor water use. PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 171 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) 13 E.1.3. Evaluation Criterion C – Project Implementation (10 Points) Complementary information on the implementation plan is included in the Technical Project Description section. Utilities anticipates the following timeline: Expected Duration Phase and Tasks/Milestones Phase 1: Participant Coordination and Call for Applications July 2019 1 month Set up administration processes; adapt program materials as needed. August 15, 2019 N/A Application period opens. September 15, 2019 N/A Host general open house style informational event. August - October 2019 3 months Conduct additional outreach to advertise Call for Applications. Field participant questions as needed. August 2019 - January 2020 6 months Conduct customer-specific informational event(s) (e.g. an HOA meeting), conduct one-on-one meetings with customers and relevant parties (e.g. landscape contractors). February 15, 2020 N/A Application period closes. Phase 2: Application Review and Project Selection August 2019 - March 2020 8 months Review applications on a rolling basis. Convene team to review and score applications based on criteria. December 2019-April 2020 5 months Host Project Launch meetings with selected Applicants; finalize Project Monitoring Plans; Enroll Participants in LWB program and other relevant water conservation services as applicable. December 2019-April 2020 5 months Work with Participants and City of Fort Collins Zoning department on required permitting process. Phase 3: Implementation and Monitoring January - April 2020 4 months Design and procure installation signs for project sites. April 2020 - October 2021 19 months Work with Participants via the Project Monitoring Plans as they implement approved landscape transformations. Activities will include site visits, technical consultations, creation of landscape water budgets, and other meetings as needed. November 2020-February 2021 4 months Conduct initial analyses of water use, meet with Participants as needed to make adjustments based on progress in 2020. Phase 4: Project Review, Analysis and Follow-up PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 172 14 July -December 2021 6 months Conduct final site inspections and exit meetings, collect and review all project documentation and data, provide final project rebate payments. October 2021 - April 2022 6 months Conduct additional analyses of all projects. Prepare and conduct report-outs to regional partners, stakeholders and other community and industry groups as appropriate. Permits, Engineering, Policies, and Environmental Compliance - Utilities does not anticipate any permit requirements as all work will be completed on private property on landscapes and irrigation systems. Utilities does not expect any engineering or design work on its own behalf. Participants may utilize designers for projects. No new policies or modifications to existing policies are required to implement this program, other than the Fort Collins City Council’s approval and execution of the grant agreement with Reclamation. No environmental compliance plans or estimates are needed. E.1.4. Evaluation Criterion D - Nexus to Reclamation (10 Points) Approximately half of Fort Collins Utilities’ water supplies are from the Colorado-Big Thompson (C-BT) project. Northern Water and Reclamation jointly operate and maintain the C-BT project. The City owns about 18,855 units of C-BT water. Deliveries depend on the annual quota set by Norther Water each year. Quotas can range from annual yields of 9,400 acre-feet to 18,800 acre-feet. This grant proposal will help to make more efficient use of the water provided through the C-BT project; it aligns with Reclamation’s emphasis on leveraging water conservation to address the competing needs for our limited water resources. Northern Colorado is a fast- growing region experiencing a transition from agricultural/rural to urban/municipal – both in terms of our economy and in how our water is used. We need strategies that help support a growing population and protect our way of life. Reducing demands on our water resources can free up water to be rented for local agriculture and provide additional water for the environment. The proposed program is aligned with Reclamation’s Drought Response Program, which “supports a proactive approach to drought”, as it is designed to improve long-term resiliency to drought in Fort Collins. E.1.5. Evaluation Criterion E – Department of Interior Priorities (10 Points) This proposal supports the DOI priority to Create a conservation stewardship legacy second only to Teddy Roosevelt. As stated on page 18 of the 2018-2022 DOI Strategic Plan, “The Western U.S. is one of the fastest growing regions of the county, and urbanization has created significant demands for water use and service. Stretching existing water supplies for multiple uses are among the many significant challenges facing Reclamation…Water conservation programs increase the available water supply and contribute to DOI’s broader objective of achieving a more sustainable, secure water supply.” Our proposal and its projected water savings directly contribute to the DOI goal of achieving 1,392,000 acre-feet of water conservation capacity to address drought by 2022. The results of the proposed program will PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 173 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) 15 extend beyond the immediate participants by serving as demonstrations and resources to help others adapt Western landscapes to a changing climate. D.2.2.5. Project Budget Funding Plan Utilities requests $75,000 from the Bureau of Reclamation. The total cost of expanding the Xeriscape Incentive Program is $226,646. If all funding is granted, $165,000 will be used for landscape project rebates. The remaining $61,646 will cover materials and in-kind salaries and wages. x The Utilities commits to providing $34,700 in cash from budgeted department funds and $46,946 of in-kind services for a total amount of $81,646 to pursue this program expansion with funds available immediately. x Utilities has submitted a grant application to the Colorado Water Conservation Board (CWCB), requesting $70,000. Award announcements will be made in May 2019 with funds made available in late 2019. o If CWCB funding is denied, the scale of this program will be downsized by reducing the amount of rebate dollars available to applicants from $165,000 to $95,000 and in-kind services reducing to $38,066 due to fewer site visits and meetings with participants. A letter of commitment is provided in Attachment 2. Budget Proposal Table 1. --Total Project Cost Source Amount Costs to be reimbursed with the requested Federal funding $ 75,000.00 Costs to be paid by the applicant $ 81,646.00 If awarded, value of third-party contributions (CWCB) $ 70,000.00 Total Estimated Project Cost $ 226,646.00 Table 2. --Budget Proposal Table Budget Item Description Funding source Computation Quantity Type TOTAL $/Unit Quantity COST Salaries and Wages Water Conservation Manager Applicant - in-kind $42.00 152 Hours $6,384 Project Manager - Water Conservation Specialist Applicant - in-kind $34.00 471 Hours $16,014 Water Conservation Landscape Coordinator Applicant - in-kind $28.00 535 Hours $14,980 PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 174 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) 16 Water Conservation Irrigation Coordinator Applicant - in-kind $28.00 296 Hours $8,288 Water Conservation Intern Applicant - in-kind $16.00 80 Hours $1,280 Supplies and Materials Materials - Project signs, install Applicant - cash $350.00 21 Sign $7,350 Other Project rebates Applicant - cash $5,000 - 15,000 N/A Rebate cash range $20,000 Project rebates Reclamation $5,000 - 15,000 N/A Rebate cash range $75,000 Project rebates CWCB $5,000 - 15,000 N/A Rebate cash range $70,000 Zoning permit cost on behalf of participant Applicant - cash $350.00 21 Permits $7,350 Total Estimated Project Cost $226,646 Budget Narrative Detailed in the Technical Project Description there are four major phases for this program: Participant Coordination and Call for Applications (Phase 1); Application Review and Project Selection (Phase 2); Implementation and Monitoring (Phase 3); Project Review, Analysis and Follow-up (Phase 4). Salaries and Wages - The hourly rate shown in the budget proposal (Table 2) represents actual labor rates of the identified personnel. Water Conservation Manager x In phase 1, the Water Conservation Manager will offer review of the program application materials. Hours: 37 x In phase 2, the Manager will attend review sessions introducing the pool of selected applicants and will attend a few project launch meetings. Hours: 20 x In phase 3, the Manager will participate and present in share-out meetings with regional partners and stakeholders and review Reclamation reporting. Hours: 25 x In phase 4, the Manager will review final data and report out to regional partners and stakeholders on the results of projects. Hours: 70 Water Conservation Manager total project hours: 152 Total Water Conservation Manager cost: $6,384 PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 175 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) 17 Project Manager – Abbye Neel, Water Conservation Specialist x In phase 1, the Project Manager will finalize application processes, field participant questions as needed, and conduct one-on-one meetings with potential applicants. Hours: 96 x In phase 2, the Project Manager will review and score applications and attend and consult for Project Launch Meetings. The Project Manager is responsible for enrolling and coaching applicants through the Landscape Water Budget program. Other items include working on interim program reporting. Hours: 17 x In phase 3, the Project Manager will perform on-site visits as dictated by Project Monitoring Plans and offer support through Landscape Water Budget and WaterSmart programs. Hours: 90 x In phase 4, the Project Manager will conduct exit visits and work on final reporting for Reclamation and water saved. Hours: 115 Project Manager total project hours: 471 Total Project Manager cost = $16,014 Water Conservation Landscape Coordinator x In phase 1, the Landscape Coordinator will assist the Project Manager in finalizing the application process and fielding customer questions as needed. The Landscape Coordinator will also set up the administrative processes necessary for rebate processing and provide educational materials to commercial customers. Hours: 116 x In phase 2, the Landscape Coordinator will assist the Project Manager in reviewing applications. The Coordinator will attend initial Project Launch Meetings and will review landscape plans and communicate with the Project Manager about feasibility and maintenance considerations. The Landscape Coordinator will coordinate with the Zoning department to shepherd applicants through the Zoning permitting process. Hours: 174 x In phase 3, the Landscape Coordinator will attend on-site visits as dictated by Project Monitoring Plans to track progress and offer support and collect necessary data and photos. Hours: 120 x In phase 4, the Landscape Coordinator will assist in exit meetings, reporting, and collection of final paperwork needed to process rebates. Hours: 125 Landscape Coordinator total project hours: 535 Total Landscape Coordinator cost: $14,980 PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 176 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) 18 Water Conservation Irrigation Coordinator x In phase 1, the Irrigation Coordinator will offer support in reviewing application and related educational materials. Hours: 46 x In phase 2, the Irrigation Coordinator will review irrigation plans and communicate with the Project Manager regarding irrigation feasibility and maintenance considerations. The Coordinator will attend Project Launch Meetings to offer feedback and project support. Hours: 150 x In phase 3, the Irrigation Coordinator will attend on-site visits as necessary. Hours: 50 x In phase 4, the Irrigation Coordinator will assist in exit meetings and reporting. Hours: 50 Irrigation Coordinator total projects hours: 296 Total Irrigation Coordinator cost: $8,288 Water Conservation Intern x The Water Conservation Intern will report to the Project Manager, providing the majority of assistance through GIS assignments for the Landscape Budget Program, data entry, customer water-use analysis, and customer communications Water Conservation Intern total project hours: 80 Total Water Conservation Intern cost: $1,280 Total Salaries and Wages cost: $46,946, funded by City of Fort Collins Supplies and Materials x Project signs will be purchased and installed at project locations for public education purposes post-installation. Educational sign cost: $7,350 Total Supplies and Materials cost: $7,350, funded by City of Fort Collins Other - Two types of costs are shown in the Other section of the Budget Proposal: Project rebates and Zoning permit costs on behalf of the participant. x Funding from Reclamation, CWCB, and Utilities would cover applicant rebates. The rebate amount received by an applicant varies depending on project size and proposed water savings. PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 177 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) 19 Total rebate dollars available (pending grant funding): $165,000, funded by Reclamation, CWCB, and City of Fort Collins x Zoning permit cost is the cost of project review per the City of Fort Collins Zoning department. Each commercial landscape project must go through a plan review process at the cost of $350. The Water Conservation Landscape Coordinator will assist applicants to complete this process. Total zoning permit cost: $7,350, funded by City of Fort Collins Total Other cost: $172,350 Total estimated project cost: $226,646 D.2.2.6. Environmental and cultural resources compliance Project impact to surrounding environment - All work will be completed on private property landscapes and irrigation systems. Some earth-disturbing work will include watered and maintained turf-grasses being replaced with low- or no-water-use landscaping, as well as modifying or replacing irrigation systems to accommodate new low-water use landscapes. Project Impact to threatened or endangered species - While there is no critical habitat in the project’s area, areas along the Poudre River, one of our two primary sources of water, is a critical habitat for the Preble’s Meadow Jumping Mouse. Decreasing demand along reaches of the river may have indirect habitat benefits for the mouse. Project Impact on wetlands and surface waters - Horsetooth Reservoir and the Poudre River both fall under CWA jurisdiction as “Waters of the United States.” While the project will occur on private property, there may be indirect benefits of by reducing long-term demand on these surface water sources. When was the water delivery system constructed? - The first waterworks was built in 1883. A Public Works water department was established in the early 1900s, after obtaining senior water rights on the Poudre River, expanding the system. In 1938 the Department of Utilities was created, and the delivery system has continued to grow to meet the population’s demand as needed. Project Impact on irrigation systems - Depending on the project, modifications to private property irrigation systems will be needed to accommodate the new low- or no-water-use landscaping. There are no planned modifications to the Utilities’ water system. Project Impact on Historic Places - There are multiple buildings and sites registered on the National Register of Historic Places within the Utilities’ service area, however projects will not impact these sites. PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 178 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) 20 Project Impact on Known Archeological Sites - There are no known archeological sites in the project area. Project Impact on Low Income or Minority Populations - The project will be open to any Utilities’ customer and will not have any disproportionately high and adverse effect on low income or minority populations Project Impact on Sacred Site or Tribal Lands - The project will have no impact on Indian sacred sites or tribal lands. Project Impact on the spread of noxious weeds or non-native invasive species - The project will only allow installation of regionally adapted or native plants. Spread of noxious weeds and non-native invasive species is prohibited by Fort Collins Land-Use Code and will be further enforced through project Monitoring Plans, and project design (e.g. mulching). D.2.2.7. Required permits or approvals Utilities does not anticipate any permit requirements as all work will be completed on private property on landscapes and irrigation systems. No new policies or modifications to existing policies are required to implement this program, other than the Fort Collins City Council’s approval and execution of the grant agreement with Reclamation. Letters of project support Northern Water, the public agency which manages the Colorado-Big Thompson Project, has long been an invaluable regional partner for Fort Collins Utilities. They have experts in horticulture and irrigation technology and have been leaders in researching and demonstrating low-water landscape options. Northern Water has agreed to partner on our complementary efforts to create a larger network of local efficiency projects that can serve has high-value demonstration sites. Frank Kinder has written a letter of support on behalf of Northern Water. See Attachment 3. Colorado State University Extension has and continues to be a great partner for Fort Collins Utilities Staff and our community. They are willing to provide input and support based on their wide range of real-world and academic expertise. Alison O’Connor provided a written letter of support for this grant on behalf of the University. See Attachment 4. D.2.2.8. Official resolution Utilities presented to City’s Water Board on April 18. The Board unanimously voted to support an Official Resolution. The Official Resolution will be presented to City Council on May 7th.After the City Council meeting Fort Collins Utilities will email the Official Resolution and supplement board information will be emailed to rgraber@usbr.gov. PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 179 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) P 303.866.3441 F 303.866.4474 www.cwcb.state.co.us Jared Polis, Governor | Dan Gibbs, DNR Executive Director | Rebecca Mitchell, CWCB Director April 22, 2019 Bureau of Reclamation Financial Assistance Support Section Attn: Mr. Matthew Reichert P.O. Box 25007, MS 84-27814 Denver, CO 80225 Dear Mr. Reichert, The City of Fort Collins Water Conservation Department has submitted a Water Plan Grant application to the Colorado Water Conservation Board (CWCB) for funding consideration in the amount of $70,000 to support the City of Fort Collins commercial landscape incentive program. Water Plan Grant applications will be considered by the Colorado Water Conservation Board of Directors at the May 15-16, 2019 CWCB meeting with approved funds made available by the end of June 2019. This letter does not guarantee approval of grant funding but Colorado Water Conservation Board staff is recommending approval of the grant. Sincerely, Kevin Reidy State Water Conservation Specialist Colorado Water Conservation Board 1313 Sherman Street, Room 718 Denver, CO 80203 PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 180 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) VXDJddd !]X=9]dS>d2=;J9O9\DSRd   April 4, 2019 Dear Mr. Reichert and the United States Bureau of Reclamation Grant Board Members, I fully support the City of Fort Collins’s application for a United States Bureau of Reclamation small water efficiency grant to support a commercial landscape conversion program. In my current position, working for Colorado State University Extension in Larimer County as the horticulture agent, I work in a collaborative nature with the City of Fort Collins and their water conservation efforts. One of Extension’s outreach efforts is a program called “Lawncheck” which offers on-site turf diagnostics. This program targets both homeowners and homeowner associations (HOAs). In my experience, most HOAs and larger multi-family complexes are trying to find ways to reduce water consumption on their properties and common areas, whether it be replacing irrigation heads, adjusting irrigation cycles, or changing current plant material to waterwise options. Colorado was the seventh fastest growing state in 2018 and the increased population means there are increased pressures on available water. The City’s proposal to reduce water use through landscape conversions or irrigation technology upgrades would allow HOAs to apply for funding to assist with these changes. While many HOAs are interested in conversion options, they are often faced with the inability to make these changes due to budget restrictions. Further, the projects funded by this grant would require the communities to demonstrate water savings through follow-up assessments. The goal of these conversions is to increase water literacy in the City, as well as support other program efforts, such as Nature in the City, whose goal is to create and enhance additional natural spaces while providing residents access to nature. Urban green space is a key part of all communities and the benefits of landscapes are numerous. Most residents are interested in water conservation but become discouraged when they crunch the numbers and factor in costs, labor, and maintenance. Supporting this grant effort would help alleviate some of the budgeting constraints and allow the HOAs to pursue these options. Another similar grant program, funded by the Northern Colorado Water Conservancy District, will increase the distribution of funds and projects throughout the northern Colorado region. As these projects come into fruition, they can become “models” of what other communities can consider doing to do their part to support water conservation. The City of Fort Collins has always been a leader for water conservation and supporting their grant will continue the positive impacts they have had on the community and reducing water use. Sincerely, Alison O’Connor, PhD Horticulture Colorado State University Extension in Larimer County 1525 Blue Spruce Drive Fort Collins, Colorado 80524-2004 (970) 498-6000 FAX: (970) 498-6025 www.larimer.org/ext PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 182 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) OMB Number: 4040-0008 Expiration Date: 02/28/2022 BUDGET INFORMATION - Construction Programs NOTE: Certain Federal assistance programs require additional computations to arrive at the Federal share of project costs eligible for participation. If such is the case, you will be notified. COST CLASSIFICATION a. Total Cost FEDERAL FUNDING b. Costs Not Allowable for Participation c. Total Allowable Costs (Columns a-b) 1. Administrative and legal expenses 2. Land, structures, rights-of-way, appraisals, etc. 3. Relocation expenses and payments 4. Architectural and engineering fees 5. Other architectural and engineering fees 6. Project inspection fees 7. Site work 8. Demolition and removal 9. Construction 10. Equipment 11. Miscellaneous 12. SUBTOTAL (sum of lines 1-11) 14. SUBTOTAL 15. Project (program) income 17. Federal assistance requested, calculate as follows: (Consult Federal agency for Federal percentage share.) Enter the resulting Federal share. 16. TOTAL PROJECT COSTS (subtract #15 from #14) 13. Contingencies Enter eligible costs from line 16c Multiply X $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ % OMB Number: 4040-0009 Expiration Date: 02/28/2022 ASSURANCES - CONSTRUCTION PROGRAMS PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant:, I certify that the applicant: NOTE: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure non- discrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally-assisted construction subagreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY May 7, 2019 City Council STAFF Christine Macrina, Boards and Commissions Coordinator Carrie M. Daggett, Legal SUBJECT Resolution 2019-057 Making Appointments to the Citizen Review Board, the Natural Resources Advisory Board, the Senior Advisory Board and the Women's Commission of the City of Fort Collins. EXECUTIVE SUMMARY The purpose of this item is to appoint individuals to fill vacancies that currently exist on the Citizen Review Board, the Natural Resources Advisory Board, the Senior Advisory Board, and the Women’s Commission. The vacancy on the Citizen Review Board is due to the election of Julie Pignataro as the Councilmember for District 2 who served on the Commission until being sworn in on April 23, 2019. The vacancy on the Natural Resources Board is due to the resignation of Luke Caldwell. The vacancy on the Senior Advisory Board is due to the resignation of Alan Beatty. The vacancy on the Women’s Commission is due to the election of Emily Gorgol as the Councilmember for District 6 who served on the Women’s Commission until being sworn in on April 23, 2019. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This Resolution makes appointments to fill current board vacancies. Sean Dunagan is being recommended for appointment to the Citizen Review Board to fill the position left vacant by Julie Pignataro who was elected to Council on April 2, 2019. On January 7, 2019, Mayor Wade Troxell, Councilmember Ray Martinez, and City Manager Darin Atteberry held interviews for the Citizen Review Board and all recommended Sean Dunagan as a citizen to appoint if there was a vacancy. Luke Caldwell has been relocated to Hawaii, creating a vacancy on the Natural Resources Advisory Board (NRAB) effective March 27, 2019. On December 18, 2018, Councilmember Bob Overbeck and Mayor Wade Troxell held interviews for open positions on NRAB and each recommended John Skogman to be appointed in the event of an opening. On January 8, 2019, Councilmembers Ken Summers and Kristin Stephens interviewed for vacancies on the Senior Advisory Board. They each recommended Deanna O’Connell to be appointed in the case of a vacancy. She will be stepping into Alan Beatty’s seat. Danielle Dawes has been recommended for appointment to the Women’s Commission to fill the position left vacant by Emily Gorgol who was elected to Council on April 2, 2019. On January 8, 2019, Mayor Wade Troxell and Kristin Stephens interviewed for vacancies on the Women’s Commission. They identified Danielle Dawes as a citizen to appoint if a vacancy arose. 11 Packet Pg. 186 Agenda Item 11 Item # 11 Page 2 These terms will begin immediately upon adoption of the Resolution proposed for May 7, 2019. Names of those individuals recommended to fill vacancies have been inserted in the Resolution with the expiration date following the names. ATTACHMENTS 1. Applications (PDF) 11 Packet Pg. 187 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: Citizen Review Board Name: Sean Dunagan Mailing Address: Residence: Home Phone: Work 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 6 Current Occupation: Senior Investigator Employer: Judicial Watch, Inc. Recent and/or relevant work experience (please include dates) Senior Investigator with a government oversight non-profit (2/2011-present); Intelligence Research Specialist with the U.S. Drug Enforcement Administration (3/1998-2/2011). Recent and/or relevant volunteer experience (please include dates) Speaker with Law Enforcement Action Partnership, a criminal justice reform non-profit. 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? As a concerned citizen, former intelligence analyst w/a federal L.E. agency, and current investigator for a government oversight non-profit, I feel I have a lot to offer. As a FC resident, I'm concerned about issues w/the FCPD (particularly lawsuits) 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 spoken with a board member regarding its activities and was very impressed by his promptness and professionalism. List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: Extensive training in constitutional law and other law enforcement issues during basic and advanced intelligence and law enforcement trainings at Quantico. Certificates include DEA's basic and advanced intelligence academy completions and CIA University's Analytic Thinking and Presentation (ATP) course. Additionally, I hold a Master's in Public Administration w/ Zip: Cell Phone: Zip: 11.1 Packet Pg. 188 Attachment: Applications (7958 : BC Appt) 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) Use of Force. The use of force by the department has been an issue of particular concern in recent years. I believe that the CRB should be pro-actively involved in reviewing the department's use of force policies and serve as a bridge between the department and the community to effectively communicate policies and their implementation. 2) Transparency. I would encourage the CRB to work to increase transparency, including the release of body-cam videos when appropriate. 3) Lawsuits. I would work to expand the circumstances under which the CRB conducts a review to include incidents in which the city is sued due to actions by the department. 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: Sean Dunagan Date: Nov-03-2018 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) 11.1 Packet Pg. 189 Attachment: Applications (7958 : BC Appt) APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES. INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT. Fax or email completed documents to cmacrina@fcgov.com or 970.472.3003 If you have questions or need ad additional 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: Natural Resources Advisory Board (Please complete one application for each board or commission membership. You may apply for 2 boards at a time) Zip: Name: Mailing Address: Residence: Zip: (If different than Mailing Address) Home Phone: Work Phone: Cell Phone: G No E-mail: Have you resided within the Fort Collins Growth Management Area for one year? G Yes Which Council District do you live in? 3 Current Occupation: Environmental Engineer Employer: Terracon Consultants, Inc Prior work experience (please include dates): Volunteer experience (please include dates): Are you currently serving on a City board or commission? G Yes G No If so, which one? Why do you want to become a member of this particular board or commission? Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? G Yes G No If Yes, please share your experience: List any abilities, skills, licenses, certifications, specialized training, or interests you have which are applicable to this board or commission: I have been an Environmental Engineer with Terracon for over 17 years, following graduation from CSU in 1999. I have worked on and continue to work on projects that include soil and groundwater remediation, reg ulatory compliance, air monitoring, water and groundwater sampling and monitoring, green remediation and sustainability. Master Home Educator for the City of Fort Collins Healthy Homes Program, 2018 Make holiday cards for veterans at the Cheyenne VA, 2016 . Healing Warriors Program, Fort Collins, 2016 . MathCounts, Fort Collins, 2013 through 2014 . To become involved in helping the City move forward with our environmental stewardship for our community. I want to help ensure and improve the quality of life for our community and that of future generations by helping meet existing City goals (such as those identified in the Climate Action Plan) and help provide guidance for fu- ture goals. Very interesting and informative but I wanted to be able to provide my expertise and experience. I feel my real world experience in the environmental field will be very beneficial to the group. Not only do I have experi- ence in navigating regulatory processes but I also have passion for taking on tough projects and seeing them through. I have a degree in Environmental Engineering and I am a Professional Engineer in Colorado and Wyoming. I am an ASCE member. I have a strong background in remediation, pollution prevention (air, soil and water), waste management (hazardous, industrial, commercial and residential) and the oil and gas industry. I also have interest and experience in sustainability, energy reduction and waste reduction (many of the items identi- fied in the Fort Collins CAP) and actively help our office participate in Climate Wise. Also a member of Fort Collins Community Emergency Response Team. John Skogman 11.1 Packet Pg. 190 Attachment: Applications (7958 : BC Appt) Briefly explain what you believe are the three most important issues face this board or commission, and how do you believe this board or commission should address each issue? (1) (2) (3) 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)? G Yes G No If yes, please explain in 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 my 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:John A. Skogman, P.E. (Type your name here) Date Submitted:November 29, 2018 Optional: How did you learn of a vacancy on this board or commission? G Newspaper G Cable 14 G City News (Utility Bill Insert) G Website Other (please specify) Greenhouse gas reduction and items affecting the Climate Action Plan. The board can help discuss and vet items to bring to the city council or city departments that can help us meet our climate action goals. Recommendations from this board may include possible new ordinances, recommendations the city can put toward the community, such as the recent rebate program for gas powered yard equipment, and recommendations the city can put in place for Climate Wise, Efficiency Works and other community organizations. Having real world experience within remediation and Climate Wise practices, i believe i can add more ideas. The Road to Zero Waste initiative to help the city gain momentum on our road to zero waste. A study by Larimer County reported that average person in our area generates 7 pounds of waste per day, compared to 4 pounds per day for the United States. EPA reports that on average, there is a 35 percent recycling rate (recycling and composting). We need to help our community members lower our waste generation rate and increase our recycling rate. We should be setting the standard for the US and I believe this board is a good place to start. We can start making recommenda- tions for how we can accomplish this, such as looking at incentive programs or getting our community members (both residential and business) more active in setting and striving for personal goals. Climate Wise has a decent start to this that may be able to transition into other areas of our community. Water quality and water resources including surface and groundwater quality, water use, and conservation. Water quality and water use is an important issue in our region, especially with the expected growth of our area in the fu- ture. We want to have a voice in making sure we have water for our future generations and that the water quality in our area continues to be better than the standards. Reviewing monitoring reports for local rivers and creeks is good but we should also be discussing the options to improve the water quality where appropriate. With my exten- sive background in water quality monitoring, reporting and repediation, I will be a vital asset to help interpret these reports, analyze the results, explain the findings to others and make recommendations. None 11.1 Packet Pg. 191 Attachment: Applications (7958 : BC Appt) 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: Senior Advisory Board Name: Mailing Address: Residence: Home Phone: Work 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? Outside City Limits Current Occupation: Community Health Educator Employer: UCHealth Recent and/or relevant work experience (please include dates) August 2015 to present - teach nutrition,mindfulness, chronic pain relief for the UCHealth Aspen Club. Facilitate two chronic disease self-management programs within the Aspen Club. Facilitate Mindfulness Based Stress Reduction classes at the UCHealth Cancer Center for (primarily) older adults. 2009 to August 2015 - volunteered at Pathways Hospice. Provided compassionate end of life patient Recent and/or relevant volunteer experience (please include dates) Board President, Friends of Happy Heart (nonprofit) 6/2011 to 6/2015 - Provided leadership and direction as a founding board member. Encouraged access to healthy, nutritious foods and wellness education to low-income families. Expanded outreach and developed partnerships.Compass Advisory Committee 10/2014-10/2016 - provided suggestions and feedback for this regional healthcare publication. 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 would like to serve in the community in a capacity that matches my interests and areas of expertise. I am currently working with older adults in my employment and find it engaging and rewarding. 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 am in contact with Myles Crane. I don't believe I have attended a meeting of the board or commission. List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: I am a very strategic thinker as well as a very compassionate person who can ultimately greatly relate to the populations of interest. I am a registered dietitian by training and am in the process of a master's degree in mindfulness studies. I have a long list of certifications over many years (wellness coaching, yoga, sales training), all of which I feel benefit Zip: Cell Phone: Zip: Deanna Lynn O'Connell 11.1 Packet Pg. 192 Attachment: Applications (7958 : BC Appt) 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 changing and ever-expanding population of older adults in Fort Collins. Along with this rapidly increasing demographic comes the need for services, transportation, social needs and creating a community that is age-friendly and supports these older adults. I believe a data-driven approach is an important piece, as well as taking care to connect with residents to create sustainable, financially prudent plans and forecasts of the changing needs. 2) Provide outreach, access and equitable services to all, including unserved and underserved populations, minorities, Spanish-speaking older adults, disabled persons, lower-income persons, mentally dis-empowered and disadvantaged. I believe this would require strong local leadership, and a means to achieve outstanding collaboration and interaction among all area agencies and networks - each understanding (and not duplicating) services, educational outreach and funding. 3) Address food and housing challenges among those within this expanding demographic and connecting services to those in need. I believe to address these would mean very strategic assessments, collaboration with partners, prioritizing needs, working within the values of the mission and planning. 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 believe this would be a conflict in either direction for UCHealth - but is something we should discuss. 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: Deanna O'Connell Date: Oct-30-2018 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) friend 11.1 Packet Pg. 193 Attachment: Applications (7958 : BC Appt) 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: Women's Commission Name: Danielle Dawes Mailing Address: Residence: . Home Phone: Work 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 5 Current Occupation: Children's Case Manager Employer: Foothills Gatway Inc. Recent and/or relevant work experience (please include dates) The Department of Human Services, Larimer County: Social Caseworker, April 2016- August 2016Provide crisis intervention & ongoing counseling to assist families in decision making and problem resolution, complete intake and assessment forms, design treatment plans to address risk and needs assessments,prepare and present case information and documentation to the courts, state review proceedings, and attorneys, coordinate client services with professionals and outside collateral agencies Recent and/or relevant volunteer experience (please include dates) - Colorado 50-50: October 2018 - Current - Teaching Assistant for Human Physiology: June 2015 - December 2015; Teacher Assistant for Research Methods in psychology: January 2015 - May 2015; International Honor Society in Psychology (Psi Chi): November 2014 - Present; Tau Sigma National Honor Society for Transfer Students: March 2014 - Present; Director of student involvement for TEDxCSU: September 2013 - May 2014; participate in community service opportunities via CSUnity 2014 & 2015 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 was motivated to apply to this board after attending a Vote Run Lead training encouraging women to run for local office. It has become my passion to advocate for those in marginalized societies by providing educational opportunities. 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 am very empathic, kind, compassionate, organized, prepared, and detail oriented in the work that I do with individuals in my community. I am a certified case manager as recognized by the Department Health Care Policy and Financing. I am very interested in advocating for those who may not always have a voice, dedicated to ensuring that our community serves all Cell Phone: Zip: Zip: 11.1 Packet Pg. 194 Attachment: Applications (7958 : BC Appt) 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) Gender fluidity: how sex and gender are ever evolving in today's day and age. It is important to tackle these issues with the community in mind, taking in feedback and applying it, additionally offering educational opportunities for community members, organizations, and businesses. 2) Income disparities: In my six years in Fort Collins I have seen much growth. The concerns I often hear in the community are around housing affordability, opportunities for employment, and the middle class is being pushed out of the City of Fort Collins. I believe it is important to collaborate with local businesses and organizations to ensure the community has opportunities for growth. 3) Education: In a world where our community has increased instances of mental health impairments, physical, and intellectual disabilities it is import we consider and evaluate how our education systems are addressing the needs of an ever-changing community. I believe that this can be addressed through data collection, research, and evaluation of how our community's needs are being addressed through the educational system. Looking at clubs, courses, community connections, and employment opportunities. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: I am not aware of any conflicts that I may have with this board or commission. I have already discussed this with my Foothills Gateway supervisor. 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: Danielle T. Dawes Date: Dec-05-2018 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) 11.1 Packet Pg. 195 Attachment: Applications (7958 : BC Appt) -1- RESOLUTION 2019-057 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPOINTMENTS TO THE CITIZEN REVIEW BOARD, THE NATURAL RESOURCES ADVISORY BOARD, THE SENIOR ADVISORY BOARD, AND THE WOMEN’S COMMISSION OF THE CITY OF FORT COLLINS WHEREAS, vacancies currently exist on various boards, commissions, and authorities of the City due to resignations by board members; and WHEREAS, the City Council desires to make appointments to fill the vacancies which exist on the various boards, commissions, and authorities. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS 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: Citizen Review Board Expiration of Term Sean Dunagan December 31, 2022 Natural Resources Advisory Board Expiration of Term John Skogman December 31, 2022 Senior Advisory Board Expiration of Term Deanna O’Connell December 31, 2019 Women’s Commission Expiration of Term Danielle Dawes December 31, 2021 Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th day of May, A.D. 2019. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 196 1 Staff Report – SAIDI Metric Highlight Tim McCollough & Neal May, Utilities May 7, 2019 Staff Report: Community Dashboard Metric: Electric System Average Interruption Duration Index (SAIDI) a Packet Pg. 197 Attachment: Staff report: SAIDI (7966 : Staff report-SAIDI) 2 Strategic Alignment Economic Health Reliable electric service: • Allows businesses to operate without interruption • Retains local business • Attracts economic development to Fort Collins • Resiliency Staff Report: Community Dashboard Metric: Electric System Average Interruption Duration Index (SAIDI) a Packet Pg. 198 Attachment: Staff report: SAIDI (7966 : Staff report-SAIDI) 3 System Average Interruption Duration Index Number of Outage Minutes Number of Customers on System Staff Report: Community Dashboard Metric: Electric System Average Interruption Duration Index (SAIDI) a Packet Pg. 199 Attachment: Staff report: SAIDI (7966 : Staff report-SAIDI) SAIDI System Average Interruption Duration Index 4 16.83 Staff Report: Community Dashboard Metric: Electric System Average Interruption Duration Index (SAIDI) a Packet Pg. 200 Attachment: Staff report: SAIDI (7966 : Staff report-SAIDI) Outage Hours by Cause (3 Years) 5 Other Causes Staff Report: Community Dashboard Metric: Electric System Average Interruption Duration Index (SAIDI) a Packet Pg. 201 Attachment: Staff report: SAIDI (7966 : Staff report-SAIDI) Data Driven Decisions 6 Infrared Camera Inspections Outage Heat Map Staff Report: Community Dashboard Metric: Electric System Average Interruption Duration Index (SAIDI) a Packet Pg. 202 Attachment: Staff report: SAIDI (7966 : Staff report-SAIDI) 7 Data-Driven Investment Asset Replacement Prioritization Staff Report: Community Dashboard Metric: Electric System Average Interruption Duration Index (SAIDI) a Packet Pg. 203 Attachment: Staff report: SAIDI (7966 : Staff report-SAIDI) Actions 8 Waterglen Transformer Replacement Substation Animal Protection Midpoint Drive Cable Equipment Replacement Staff Report: Community Dashboard Metric: Electric System Average Interruption Duration Index (SAIDI) a Packet Pg. 204 Attachment: Staff report: SAIDI (7966 : Staff report-SAIDI) Staff Report – SAIDI Metric Highlight 9 THANK YOU Staff Report: Community Dashboard Metric: Electric System Average Interruption Duration Index (SAIDI) a Packet Pg. 205 Attachment: Staff report: SAIDI (7966 : Staff report-SAIDI) May 7, 2019 Community Dashboard: Affordable Housing Inventory Sue Beck-Ferkiss STAFF REPORT: Affordable Housing Inventory a Packet Pg. 206 Attachment: Staff rpt-Affordable Housing Inventory (7962 : Staff report: Affordable Housing Inventory) Strategic Alignment 2 City Plan & SSD Strategic Plan City Strategic Plan Neighborhood Livability & Social Health 1.1 Affordable Housing Strategic Plan STAFF REPORT: Affordable Housing Inventory a Packet Pg. 207 Attachment: Staff rpt-Affordable Housing Inventory (7962 : Staff report: Affordable Housing Inventory) Dashboard Metric: Affordable Housing Inventory 3 STAFF REPORT: Affordable Housing Inventory a Packet Pg. 208 Attachment: Staff rpt-Affordable Housing Inventory (7962 : Staff report: Affordable Housing Inventory) Neighborhood Livability and Social Health Year Target AHSP Goal Actual 2015 63 188 61 2016 6 188 4 2017 160 188 96 2018 213 188 207 2019 185 188 2 so far 4 Performance Metric - Affordable Housing inventory STAFF REPORT: Affordable Housing Inventory a Packet Pg. 209 Attachment: Staff rpt-Affordable Housing Inventory (7962 : Staff report: Affordable Housing Inventory) Example of City’s Investments • Land Bank • 20% of Value • Fee Waivers for 30% AMI units • $350,000 • Competitive Process Funding • $1.125 M 5 Village on Horsetooth 96 units $26.5M total cost STAFF REPORT: Affordable Housing Inventory a Packet Pg. 210 Attachment: Staff rpt-Affordable Housing Inventory (7962 : Staff report: Affordable Housing Inventory) Current Inventory and Need 6 STAFF REPORT: Affordable Housing Inventory a Packet Pg. 211 Attachment: Staff rpt-Affordable Housing Inventory (7962 : Staff report: Affordable Housing Inventory) Affordable Housing Goals Goal 5,155 Inventory 3,443 Projection 4,330 7 Expected Gap 825 Current Plan Goal of 188 per year Next Plan Estimated Goal of 228 per year STAFF REPORT: Affordable Housing Inventory a Packet Pg. 212 Attachment: Staff rpt-Affordable Housing Inventory (7962 : Staff report: Affordable Housing Inventory) Long View 8 STAFF REPORT: Affordable Housing Inventory a Packet Pg. 213 Attachment: Staff rpt-Affordable Housing Inventory (7962 : Staff report: Affordable Housing Inventory) Moving Forward • Gear up for 2020-2024 Affordable Housing Strategic Plan • Internal Housing Task Force – Phase 2 implementation 9 STAFF REPORT: Affordable Housing Inventory a Packet Pg. 214 Attachment: Staff rpt-Affordable Housing Inventory (7962 : Staff report: Affordable Housing Inventory) Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY May 7, 2019 City Council STAFF Ted Shepard, Chief Planner Brad Yatabe, Legal SUBJECT Resolution 2019-058 Naming Three Downtown Alleys Within the Block Bounded by South College Avenue, West Oak Street, South Mason Street and West Mountain Avenue and Renaming a Local Street. EXECUTIVE SUMMARY The purpose of this item is to name three downtown alleys that have recently been improved by the Downtown Development Authority. The three alleys are located within the block bounded by South College Avenue, West Oak Street, South Mason Street and West Mountain Avenue. Additionally, staff requests that Pinon Street, a local street, be renamed to West Suniga Road. The proposed alley names are Beardmore Alley, Godinez Alley and Reidhead Alley. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Three Newly Renovated Downtown Alleys Downtown alleys are public rights-of-way. As such, they can only be named by City Council. The Downtown Development Authority has recently improved several alleys over the years and continues to advise that newly renovated alleys be named to establish wayfinding, emergency response capability and contribute to a unique sense of place. Improved downtown alleys that have been named are Harper Goff Alley, Seckner Alley, Montezuma Fuller Alley, Old Firehouse Alley, Tenney Court, Whitton Court and Trimble Court. Improved alleys in Campus North (Music District) that have been improved and named are Dalzell Alley, Wattles Alley and Corbin Alley. Three additional downtown alleys are in the process of being fully renovated. Construction is mostly complete. These alleys are located interior to the block bounded by South College Avenue, West Oak Street, South Mason Street and West Mountain Avenue. Staff recommends naming these alleys in recognition of two prominent citizens and one notable family who were influential in preserving Downtown’s historic character and contributing to a vibrant Downtown culture over several decades. Recommended New Names for the Three Newly Renovated Downtown Alleys The three new names recommended for the renovated alleys are: • Beardmore. Dick Beardmore was a passionate historic preservationist and structural / preservation engineer who made significant contributions to the restoration and renovation of many historic structures in Fort Collins and throughout Colorado. He taught classes at Colorado State University and helped create the Center for the Stabilization and Re-Use of Important Structures. 12 Packet Pg. 215 Agenda Item 12 Item # 12 Page 2 • Godinez. For three generations, the Godinez family have owned and operated El Burrito Restaurant at 404 Linden Street, also known to the locals as Sam’s Place. Founded in 1960 by family members, and relying on the recipes of the matriarch, Augustina Godinez, her sons Jesse, Guillermo and their wives, Dorothy and Joann, all have collectively contributed to both the culinary and cultural vibrancy of Downtown. • Reidhead. Jim Reidhead was a local businessman who helped found The Cupboard and who started restoring Downtown historic buildings in the 1970’s and went on to participate in the original Old Town Square project. He helped form the Downtown General Improvement District and the Downtown Development Authority. At Colorado State University, he began a program of technical building preservation and community development where he worked with cities and towns throughout the state. In 1997, he started the Rural Land Use Center in Larimer County, an innovative conservation-oriented land development program. A map indicating the specific alley for each name and the full biographies are attached. (Attachments 1 and 2) Other Action Required - Renaming Pinon Street At this time, an additional minor action is required and included in the Resolution. Pinon Street, a local street, needs to be renamed in order to avoid a name break across College Avenue from Suniga Road. Since this street is dedicated as public right-of-way, only City Council can rename it. This is an existing street, only one block long, that intersects North College Avenue approximately 1,700 feet north of the Poudre River bridge. It is only on the west side of North College Avenue and does not extend east. As an east-west street, it aligns with the future extension of Suniga Road (arterial) on the east side of North College Avenue. Suniga Road will be extended this summer from Blondel Street to North College Avenue. The recommendation is that Pinon Street be renamed to West Suniga Road to not have a name break at the intersection. (Exhibit B to Resolution 2019-058) CITY FINANCIAL IMPACTS There is no direct financial cost to selecting three names for the downtown Alleys or renaming Pinon Street. As with all existing local street and alley names, the cost of installing the new street signs will be borne by the City of Fort Collins Streets Department and is expected to be negligible. BOARD / COMMISSION RECOMMENDATION The selection of the three proposed alley names was assisted by members of the Women’s Commission, members of the Landmark Preservation Commission, the City of Fort Collins Discovery Science Museum Archivist, local historians and other interested citizens all of whom participated in an ad hoc resident advisory committee. PUBLIC OUTREACH The ideas for the two names (Beardmore and Reidhead) were initiated by interested residents who observed the construction activity and then forwarded the names to the Downtown Development Authority. The idea for the family name (Godinez) was initiated by the Downtown Development Authority. Based on the precedent for naming upgraded alleys, and the public benefit derived from improved way-finding, these three names were then forwarded to the CDNS Planning Division for implementation by City Council Resolution. All three proposed names were selected from the official List of Names for Arterials and Collectors Streets per Section 24-91 of the City Code. While alley names are not required to be selected from this List of Names, the 12 Packet Pg. 216 Agenda Item 12 Item # 12 Page 3 establishment the List has proved to be a valuable source for names over the years for naming local streets and alleys that are not arterial and collector streets. This List was last updated and approved by City Council in May 2017 by Resolution 2017-048. Public outreach in 2017 included an open house event, post card mailing, social media outreach, City webpage, and press release carried in the Fort Collins Coloradoan. In addition, public outreach for the three alley names included discussion and ratification by an ad hoc resident advisory committee as these names not only are on the existing List, and therefore found to meet the criteria of City Code Section 24-91 but are also highly contextual and contribute to creating a unique sense of place. This is the same outreach process as for the three alley names in the Campus North - Music District (Resolution 2012-100). All property owners within the affected downtown block have been notified. There is only one affected property owner on Pinon Street who has also been notified of the pending name change. ATTACHMENTS 1. Location map (PDF) 2. Biographies (PDF) 3. Powerpoint presentation (PDF) 12 Packet Pg. 217 ATTACHMENT 1 12.1 Packet Pg. 218 Attachment: Location map (7932 : Naming Three Downtown Alleys) Beardmore, Dick A passionate historic preservationist and structural/preservation engineer who made significant contributions to the restoration and renovation of many historic structures in Fort Collins and throughout Colorado. Taught classes at C.S.U. in Construction Management and helped create the Center for the Stabilization and Re-Use of Important Structures. Obituary for Dick Beardmore Richard “Dick” Beardmore, 64, of Fort Collins, CO, died peacefully at his home July 24, 2013, surrounded in love by his family. Dick was caring, kind, gentle, and always a positive person, with a keen sense of humor. A memorial service will be held at 2 p.m. Saturday, August 3, 2013 at Christ United Methodist Church, 301 East Drake Road, Fort Collins, Colorado. Dick was born January 14, 1949 in Lancaster, Ohio to Charles and Louella Beardmore. His early life was spent on the family farm just outside of Bremen, Ohio. During his teen years they moved into town. Dick graduated from Fairfield Union High School in 1967. His education continued at the University of Cincinnati, obtaining Bachelors and Masters Degrees in Civil/Structural Engineering. On September 6, 1970, he married his high school sweetheart, and true love, Sandy Fahrer. They were blessed to have a son Brett Alexander, and shared 42 wonderful years together. Dick’s professional career as a structural/preservation engineer began in Cincinnati, Ohio with McClurg, Smith & Associates. The firm was restructured into A-E Design Associates, and in 1980 Dick became the Colorado Branch Manager. In April of 1987 he purchased A-E Design, became president and reorganized the firm with a special emphasis on preservation of historic buildings. He taught classes at CSU in the Construction Management Department and helped create the Center for the Stabilization and Reuse of Important Structures. Preservation became Dick’s legacy and life’s passion. His contributions are evident throughout Old Town Fort Collins, and all around Colorado, helping many communities preserve and restore historic structures. ATTACHMENT 2 12.2 Packet Pg. 219 Attachment: Biographies (7932 : Naming Three Downtown Alleys) Dick Beardmore – Nomination for Urban Design Award Dick Beardmore is one of the most experienced and qualified preservationist in the State of Colorado. By profession he is a structural and civil engineer, but his knowledge of building systems, architectural styles, history and movements have served the profession well. Since 1987, when he opened his firm A-E Design Associates, he has embraced the unique challenges inherent in the restoration, rehabilitation and preservation of historic buildings and structures. His firm’s projects are as diverse as Colorado’s geography. From small towns on the eastern plains to thriving resort communities in the mountains, Dick works with local leaders and concerned citizens to develop a project plan specific to a community’s needs, and more specifically, a plan that protects and preserves the integrity of the historic building. Dick’s belief that “the building is the client” has led him to be a minimalist in the preservation of buildings. He utilizes his knowledge of the Secretary of Interior Standards and building code provisions to educate owners, building officials, contractors, and other architects and engineers on how to implement modern codes and integrate contemporary systems into a historic building, while preserving the historic fabric, character and integrity of the building. He often speaks about how a historic building has withstood the test of time and that its systems are failing due to age, not because of structural or material deficiencies. Thus, his approach is very unique. He views each and every building as if it is a gem in the rough and only needs tender loving care and attention to bring it back to its former glory. He prides himself on restoring the structural integrity of a building. He does this by restoring its historic materials and only installing new matching materials when the historic is beyond repair or restoration. This approach has allowed him to preserve over 300 buildings and structures in the State of Colorado! Dick’s commitment to preservation is not limited to his projects. He has spent his career educating his peers, building officials, clients and communities about his unique minimalist approach to preservation. He began early in his career by founding and co- directing the Center for the Stabilization and Reuse of Important Structures at Colorado State University and assisting in the development of the Institute for the Built Environment (now one of the country’s leaders in green building technology), and the Colorado Applied Preservation Initiative for Training and Leadership (CAPITAL). As a professor at CSU, he taught students how to complete historic research, grant writing and the preparation of National Register Nominations. He currently serves on the Advisory Committee to the Colorado Mountain College Historic Preservation programs and has been a professor at the college for the past 3 years. Dick also regularly presents at conferences in subjects ranging from how to rehabilitate an historic steam heating system to the application of minimalistic engineering solutions. His presentations are always unique, informative and above all educational. 12.2 Packet Pg. 220 Attachment: Biographies (7932 : Naming Three Downtown Alleys) Dick’s volunteer achievements have been equally impressive. He served on the board of the National Association of Preservation Commissions, was a founding member of Colorado Preservation Inc., served eight years on the Fort Collins Landmark Preservation Commission as its Chairman and was a member of the Poudre Landmarks Foundation Board. Since 1987, Dick has been responsible for the repair, restoration, stabilization, conservation, grant procurement and preservation master planning of over 5,100,000 square feet of Colorado’s heritage – much of it in Fort Collins. A first project was the restoration and rehabilitation of the Kissock Block on East Mountain Avenue, done so well that the National Advisory Council for Historic Preservation could not distinguish the historic and after pictures apart. He assisted in the Old Town Square Redevelopment project, rehabilitations of the Opera Galleria and the Starry Nights Café building, the Linden Hotel, the Trimble/Barkley Blocks, Silver Grill, Robertson/Haynes Block, First Baptist Church, Armstrong Hotel, 1884 Waterworks, 1907 Streetcar Barn, Avery House & Carriage House, the Coy Barn and Silos, the Northern Hotel, Colorado & Southern Freight Deport, Old Corner Bookstore, the massive Avery Block, and more. In short, he has had a hand in just about every restoration and rehabilitation in Fort Collins. It is an honor to nominate Dick for this special award. All who have known and worked with him have benefitted immeasurably from his technical expertise and minimalist approach. Through his passion for his work, and his true humility in its execution, Dick Beardmore truly epitomizes the spirit of the Urban Design Award and is eminently worthy of this recognition. 12.2 Packet Pg. 221 Attachment: Biographies (7932 : Naming Three Downtown Alleys) Augustina Ayala Godinez Source: Exhibit Research from Fort Collins Museum, 2006 The transition of Fort Collins from a frontier settlement into a developing city is rooted in the hard work of countless individuals. Early local history books provide numerous accounts of the men who “founded” Fort Collins, but rarely do they mention the role of women. The women of Fort Collins were visionaries, business leaders, community builders, free spirits, mothers, and more—they helped turn Fort Collins into the civic and business minded community that it is today. One such woman was Augustina Ayala Godinez. Augustita Ayala was born in La Varca, Jalisco, Mexico in 1908. At the age of eight she moved, by train, with her parents and 18 siblings to Fort Collins to work in the agricultural fields. Augustina taught herself how to read, write, and speak both Spanish and English. As a young child, Augustina learned how to cook from her elders, and by the time she was 11 years old she was cooking for her entire family. Augustina Ayala married Jesse Godinez Sr. in 1926. Together they raised six boys. In 1941, while Jesse was working in the fields, a sunstroke took his life at the age of 33. Augustina and her family not only continued to work in the fields and orchards but also began selling burritos and soda pop to the field workers out of their 1929 Chevy. In 1944, Augustina expanded her business into the first Mexican café in Fort Collins, the Sinaloa Restaurant. She managed the café for five years before switching to a catering business. Augustina eventually closed her catering business, but two of her sons continued in the food industry. Inspired by their mother’s culinary talents and authentic recipes, Jesse Jr. and Guillermo Godinez opened El Burrito Restaurant at 404 Linden Street on September 23, 1960. Augustina was given the title of head chef and was once again cooking up the family’s secret recipes for green chili, tortillas, taco shells, and sopapillas. Augustina died in 1991 at the age of 83 but her family is still cooking the recipes that Augustina’s elders taught her in La Varca, Jalisco, Mexico. 12.2 Packet Pg. 222 Attachment: Biographies (7932 : Naming Three Downtown Alleys) Godinez, Jesse Local Hispanic business owner who founded El Burrito and mentored youth through employment. Served in the United States Military. Obituary for Jesse A. Godinez Jesse A. Godinez, 82, of Ft. Collins and founder of the El Burrito Restaurant died February 22, 2017. Jesse was the fifth son born to Jesus Godinez and Agustina Ayala Godinez in a house on Cherry Street, in Fort Collins, CO., on February 15, 1935. He was preceded in death by Jesus(Father), Agustina (Mother), Nick(brother), Joe(brother)and Ariana (granddaughter). Survived by Dorothy Flores Godinez(wife), Daughters: Christi Godinez (Gary Gabaldon); Mona Godinez (Tony Ortiz); Connie Godinez (Phil Campbell); Gigi Godinez, and Jessi Hoodak. Grandchildren Anthony Ortiz (Janet), Isabella Cordova, Amanda Hoodak, Samantha Hoodak, Alison Hoodak and Great grandchildren Anthony Ortiz, Jr., Theresa Ortiz, Catrina Manchego, Jolene Ortiz, and Christopher Ortiz. Jesse was born in the middle of the Great Depression and at a time of extreme racism but that never stopped him from attaining his goals. At the age of four his father passed away and he remembers not being able to attend his fathers' funeral because he didn't have shoes. In the early days, with his widowed mother, he would help dole out burritos to the migrant farm workers for a small fee. When he began school, he only knew Spanish but was only allowed to speak English. For fear of corporal punishment, he quickly learned English. Jesse graduated from Fort Collins High school and married his high school sweetheart Dorothy, in 1957. He went on to finish two years of College and was drafted in between semesters. He served twice and was very proud of serving his country. After serving the first tour, he returned home at the young age of 23, missing his Mom's cooking, he put his entrepreneurial skills to the test. With the help and encouragement from his wife, Dorothy(co-owner); mother, Agustina (Chef 1960-1986); brothers, Joe (logo artist), Guillermo (partner 1960-1981); Augie (manager 1960-1991); and sister in-laws, JoAnn and Rose, on September 23, 1960, El Burrito Cafe (Sam's Place) was born. In business, he was the man behind the scenes, running the show incognito. He loved being in business. He referred to El Burrito as his "baby." Walking the perimeter each morning and making mental notes. Throughout the last 57 years, there have been numerous people who have helped fulfill and continue to fulfill his dream and legacy. His stubborn and optimistic view helped accomplish anything he set his focus on. As a worker bee, he wore many hats...and wouldn't have had it any other way. At any given time, he oversaw and physically labored as chef, accountant, manager, and maintained the upkeep of his business. Family was very important to this man whenever anyone needed help he was there. He was there for anyone, really. He didn't realize how much of an impact he had on the community. 12.2 Packet Pg. 223 Attachment: Biographies (7932 : Naming Three Downtown Alleys) Throughout the years, he helped so many young people through employment and advice. He was always ready and willing to help anyone who wanted to fulfill their own entrepreneurial dreams, clear to the end of his life. His "baby" is Celebrating 57 years with the same family at the same location. It was and still is a family affair, his bond runs deep. Now operated by the 3rd, 4th and 5th generations of Godinez's and their extended family. Jesse was a very generous man (especially with advice). He was a kind man, a true entrepreneur, and most of all he was a Great Dad. If his body would have allowed, he would still be walking the perimeter of El Burrito Restaurant "Sam's," and making mental to do notes. Rest in peace Jess, Dad, friend, entrepreneur, good citizen, and mentor. A big grateful thanks to everyone who consoled and helped during this trying time. Those of you who knew him stop by El Burrito and share your stories, the Family would love to hear them. 12.2 Packet Pg. 224 Attachment: Biographies (7932 : Naming Three Downtown Alleys) Reidhead, James (Jim) Local businessperson and preservationist who helped start The Cupboard and many Downtown Fort Collins initiatives. Obituary for James D. Reidhead Jim Reidhead, 67, of Fort Collins, died at home in the early hours of November 1, 2016, from complications of treatment for leukemia. Jim was born on April 19, 1949, in West Palm Beach, Florida, to Paris and Marjorie Reidhead. He grew up in Florida, New Jersey, and on a farm in Catskill Mountains of New York. He graduated from Cornell University in 1971 with a degree in General Agriculture. He and his wife, Donna, were married before their senior year at Cornell. After graduation, Jim and Donna moved to Colorado where Jim built turkey barns while Donna went to graduate school. In 1972 Jim started The Cupboard with his partner Carey Hewitt. It remains a mainstay on College Avenue in Old Town today. Jim went on to restore several buildings in Old Town, including one at 235 Linden Street where he and Donna lived upstairs for several years. Jim was part of the original Old Town Square project working with Gene Mitchell to bring this area of Fort Collins to a new life. He helped to form the Downtown General Improvement District and the Downtown Development Authority. To celebrate the opening of the first downtown parking garage, he made an appearance as Captain Renovator, along with General Parking (the late Dick Beardmore). Jim was also called the Old Town Busy-body by some… Jim worked as the Director of Land Planning and Marketing at Phantom Canyon Ranch, helping to preserve over 10,000 acres of land, including one of the last remaining road-less canyons in Colorado. At Colorado State University, Jim began a program of technical building preservation and community development where he worked with cities and towns throughout the state. In 1997 Jim started the Rural Land Use Center in Larimer County, an innovative conservation- oriented land development program. In 2007 Jim was diagnosed with Acute Myelogenous Leukemia. He underwent chemotherapy at Poudre Valley Hospital, and then a stem cell transplant at Presbyterian St. Luke’s Hospital in Denver in 2008. These treatments saved his life but left him with complications of Graft Versus Host Disease and other medical adventures that filled file cabinets with records (and bills!). Many doctors and medical staff in Fort Collins and Denver worked very hard to allow Jim to live more than nine years from his original diagnosis. We would especially like to thank Dr. Miho Scott, Oncologist; Dr. Christie Reimer, Internal Medicine; Dr. Jacob Ong, Infectious Diseases; Jessica Goodwin, Nurse; all from University of Colorado Health; Dr. Peter McSweeney, Transplant Specialist; and Sarah Meissner, Transplant Nurse Coordinator; from the Colorado Blood Cancer Institute. 12.2 Packet Pg. 225 Attachment: Biographies (7932 : Naming Three Downtown Alleys) Jim Reidhead was a man of many talents. He was a self-taught maker of furniture, and he died in the bed he made by hand for his new marriage. He and his wife enjoyed backpacking in Colorado and canoeing in wilderness areas of Ontario, Canada. Jim loved to undertake difficult problems and to bring diverse people together. Until his last days he was planting ideas in the minds of his friends to tackle issues like land planning, the urban-wildlife interface, and downtown parking troubles, along with other philosophical, germane, or silly topics. He was a founding member of No Holds Barred, the Tuesday Night Beer-swilling Group (at Coopersmith’s), and the No Expectations Philosophy Club. Jim was a kind and gentle person, a loving husband, and an amazing father. He is survived by his wife of 46 years, Donna Reidhead; two sons: Ben Reidhead and his wife Erin, their three daughters Caroline, Annelise, and Lydia, all of Cleveland Heights, Ohio; and Chris Reidhead and his fiancée Taylor Dittman of Fort Collins. Also surviving are his mother, Marjorie Nash Reidhead of Ohio; two brothers, Paris Reidhead of New York and David Reidhead of Delaware; and two sisters, Ginny Teit of Ohio and Julia Reidhead of New York City. His father, Paris Reidhead and one sister, Sarah Armstrong, preceded him in death. All through his life, Jim worked to make things better – in Fort Collins, in Larimer County, in Colorado – for the cities, for the land and for the people he met. He will be greatly missed by many. 12.2 Packet Pg. 226 Attachment: Biographies (7932 : Naming Three Downtown Alleys) 5/07/19 Alley Naming Ted Shepard ATTACHMENT 3 12.3 Packet Pg. 227 Attachment: Powerpoint presentation (7932 : Naming Three Downtown Alleys) 12.3 Packet Pg. 228 Attachment: Powerpoint presentation (7932 : Naming Three Downtown Alleys) Alley Naming • Downtown Alleys are Existing Public Rights-of-Way • Three Alleys Upgraded by D.D.A. • Only City Council Can Name • Must Be Done By Resolution • All Three Proposed Names from List of Names for Arterial and Collector Streets (although not required to be so) 3 12.3 Packet Pg. 229 Attachment: Powerpoint presentation (7932 : Naming Three Downtown Alleys) Alley Naming • Similar to Named Alleys Music District – 2012 • Robert Dalzell • Ruth Wattles • Franklin Corbin 4 12.3 Packet Pg. 230 Attachment: Powerpoint presentation (7932 : Naming Three Downtown Alleys) Alley Naming Named Downtown Alleys: • Trimble Court • Whitton Alley • Tenney Court • Old Firehouse Alley • Seckner Alley • Montezuma Fuller Alley • Harper Goff Alley 5 12.3 Packet Pg. 231 Attachment: Powerpoint presentation (7932 : Naming Three Downtown Alleys) Alley Naming Dick Beardmore • Passionate historic preservationist • Structural / preservation engineer • Taught classes at CSU in construction management • Helped create the Center for Stabilization & Re-Use of Important Structures • Made significant contributions to the restoration and renovation of many historic structures in Fort Collins 6 12.3 Packet Pg. 232 Attachment: Powerpoint presentation (7932 : Naming Three Downtown Alleys) Alley Naming Godinez Family • For three generations, the Godinez family have owned and operated El Burrito Restaurant • Known to the locals as Sam’s Place. Founded in 1960 • Matriarch - Augustina Godinez • Sons Jesse, Guillermo and their wives, Dorothy and Joann • All have collectively contributed to both the culinary and cultural vibrancy of Downtown. 7 12.3 Packet Pg. 233 Attachment: Powerpoint presentation (7932 : Naming Three Downtown Alleys) Alley Naming Jim Reidhead • Local businessman who started restoring Downtown historic buildings in the 1970’s • Co-owned Downtown business (The Cupboard) • Participated in the original Old Town Square project • Helped form the Downtown General Improvement District and the Downtown Development Authority. 8 12.3 Packet Pg. 234 Attachment: Powerpoint presentation (7932 : Naming Three Downtown Alleys) Suniga Road Extension & Pinon Street Intersection Action Item: Rename Pinon Street to West Suniga Road 12.3 Packet Pg. 235 Attachment: Powerpoint presentation (7932 : Naming Three Downtown Alleys) 12.3 Packet Pg. 236 Attachment: Powerpoint presentation (7932 : Naming Three Downtown Alleys) -1- RESOLUTION 2019-058 OF THE COUNCIL OF THE CITY OF FORT COLLINS NAMING THREE DOWNTOWN ALLEYS WITHIN THE BLOCK BOUNDED BY SOUTH COLLEGE AVENUE, WEST OAK STREET, SOUTH MASON STREET AND WEST MOUNTAIN AVENUE AND RENAMING A LOCAL STREET WHEREAS, City staff has brought to the City Council for its consideration proposed names for three alleys within the block bounded by South College Avenue, West Oak Street, South Mason Street, and West Mountain Avenue; and WHEREAS, the naming of the alleys within this block does not implicate the requirements of City Code Section 24-91 pertaining to the naming of collector and arterial streets because the alleys do not qualify as collector or arterial streets; and WHEREAS, the names provided to the City Council are "Beardmore Alley," "Godinez Alley," and "Reidhead Alley"; and WHEREAS, City staff is requesting that City Council rename Pinon Street, a local street, to West Suniga Road in order to avoid a name break when Suniga Road is extended to the east side of North College Avenue; and WHEREAS, the City Council has determined that the names recommended for the alleys in this block are appropriate and in the best interests of the City and that renaming Pinon Street to West Suniga Road is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the alleys within the block bounded by South College Avenue, West Oak Street, South Mason Street, and West Mountain Avenue be named "Beardmore Alley", "Godinez Alley" and "Reidhead Alley" as more particularly shown on the map attached hereto and incorporated herein by this reference as Exhibit "A". Section 3. That Pinon Street is renamed to West Suniga Road as show on the map attached hereto and incorporated herein by this reference as Exhibit “B”. Packet Pg. 237 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th day of May, A.D. 2019. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 238 Mason Street Mountain Avenue Oak Street MATCH B MATCH A MATCH C MATCH B Reconfigured DDA Parking Lot                             Herringbone paving pattern Tivoli lighting at entries Art installation   1 1 1 7 2 2 2 4 2 7 6 5 3 LED lighting Proposed bike parking structure 3 7 6 4 Overhead planting structure    Lee Martinez Community Park Future Whitewater Park Old Fort Collins Heritage Park Cache la Poudre River WestPond Coy Pond East Coy 2«¬87 «¬14 Lupine Dr C a j etan S t O s i a nder S t Blue Spruce Dr P ascal S t Red Cedar Cir Blondel St Hemlock St W o o d lawn Dr Mullein Dr Nokomis Ct N Mason St Pinon St Steamboat Ln Brewer Dr Hibdon Ct Sol Vista Ln La Garita Ln Baum St Alpine St Fireweed Ln Wallflower Ln Heschel St Sangre De Cristo Ln Redwood St Conifer St J e r o m e S t Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY May 7, 2019 City Council STAFF Ted Shepard, Chief Planner Brad Yatabe, Legal SUBJECT Resolution 2019-059 Revising the List of Names for Arterial and Collector Streets. EXECUTIVE SUMMARY The purpose of this item is to update the list of names for arterial and collector streets in accordance with City Code Section 24-91. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Recommended New Names to be Added to the List Staff recommends 40 new names be added to the list. Two years ago, during City Council discussion of the naming Cordova Street and Harper Goff Alley and adding nine new names to the List of Names, City Council directed staff to consider additional names that would specifically address the gender imbalance of the current list of names. These recommended new names are a response to that request. This item also includes the deletion of six names. The revised list that includes existing names, proposed names and deleted names is attached. (Attachment 1) Updating the List of Names Per City Code Section 24-91 City Code Section 24-91 requires that the names of arterial and collector streets be selected by City Council by Resolution from the list of names for arterial and collector streets. The list of street names may also be amended by Council to add additional names for consideration. Per City Code: “The list of street names shall be composed of names of natural areas, natural features, historic and/or well-known places, citizens of the City or Growth Management Area whom the City Council would like to honor posthumously, and such other names of places, things or deceased persons as the City Council may approve. With respect to citizens of the City whom the City Council desires to honor posthumously, such citizens must have devoted much time and effort to the City either as a former City officer or employee, a former Colorado State University officer or employee, a person important in the founding of the City or a former citizen of exemplary character deserving of special recognition.” The list of names is updated by City Council Resolution periodically as needed in order to name new streets, rename existing streets add new names and delete names already selected or found to be duplicates or phonetic sound-alikes within Larimer County. 13 Packet Pg. 241 Agenda Item 13 Item # 13 Page 2 Last Update - May 2017 On May 16, 2017, City Council adopted Resolution 2017-048 which accomplished the following: • Named a new collector street in northeast Fort Collins “Cordova Street” in honor the contributions to our community of six generations of the Cordova family. • Named an improved downtown alley between Pine Street and Jefferson Street “Harper Goff Alley” in honor of Harper Goff, a Fort Collins native, who, as a set designer for Walt Disney, used Downtown as a model for Disneyland’s Main Street USA. • Updated the List by adding the following nine names: o Steely, William o Isabelle Gavaldon (Name to be Isabelle at family’s request) o Godinez o Gallegos, Edward o Sanchez, Tony o Apodoca, Barney o Beardmore, Dick o Everitt, Robert o Reidhead, Jim • Deleted two names o Suniga, Lee (selected) o Glover, George (duplicate) Other Action Required - Deleting Selected Names In keeping the list of names properly updated, the Resolution includes deleting names that have been selected or have been found to be duplicates or phonetic sound-alikes. (Note: emergency providers also respond to building names.) • Harper Goff - selected as public downtown alley. • William Steely - selected as a local public local street in the Northfield Subdivision. • Clara Hatton - duplicates a CSU building name at 200 E. Lake Street. • Guy Palmes - duplicates an existing street name. • Lawrence Durrell - duplicates the Durrell Center on CSU campus. • Teller Ammons - duplicates Ammons Hall on CSU Campus. Street Naming Background The List of Names for Arterial and Collector Streets was first formed in 1985. The original list consisted of names suggested only by the City of Fort Collins and Colorado State University and there is no evidence of any public outreach. The list lay dormant for years and was not utilized until 1999. Since 1999, it has been updated by Council Resolution 11 times. Staff anticipates that continuous updates will be forwarded to Council as the City continues to see development of large tracts of land such as Montava and Hughes Stadium and annexations into the Growth Management Area, including the East Mulberry Corridor. A chronology of street naming from 1999 to 2017 is attached. (Attachment 2 ) No Streets to be Named at this Time There are no arterial or collector streets to be named at this time. (Three downtown alleys are to be named by separate Resolution.) This action enriches the List of Names and will provide City Council a more diverse selection process at the next naming opportunity. Council will be informed of any pending arterial or collector street naming ahead of the agenda item summary in order to allow input and comment on the selection 13 Packet Pg. 242 Agenda Item 13 Item # 13 Page 3 process. Local streets in subdivisions under review may select a name from the List without Council action but only as long as the street is not existing public right-of-way. “Cherryhurst” is being added back on to the List. It was selected for use in the Waterfield Third Filing Subdivision, but the name is being replaced by an extension of an existing street, “Turnberry Road” as a result of an amendment to the Master Street Plan in conjunction with Waterfield Fourth Filing Subdivision. (Attachment 3) The standards for street naming are attached for reference. (Attachment 4) CITY FINANCIAL IMPACTS There are no financial impacts in updated the List. BOARD / COMMISSION RECOMMENDATION In May 2017, City Council directed staff to reach out to the Women’s Commission to assist in the brainstorming of new names. Members of the Women’s Commission participated in this latest effort as did members of the Landmark Preservation Commission. The League of Women Voters also submitted names for the List. PUBLIC OUTREACH Public outreach for this round of new names consisted primarily of an ad hoc resident advisory committee consisting of knowledgeable and interested individuals. As noted, City Council expressed that an emphasis be placed on addressing the gender imbalance on The List. A variety of expertise and interests were represented including members of the Women’s Commission and the Landmark Preservation Commission. Also included were the current and former Fort Collins Discovery Science Museum Archivists as well as the CSU Vice President for Diversity. Other members included local historians, historic preservation planners and current and former city planners. With the challenge of addressing the gender imbalance, the committee researched and discussed a number of new names as well as evaluating for compliance with City Code Section 24-91. Input was also received from the League of Women Voters. An advisory committee was also used in 2006 when the number of names was significantly reduced after an analysis for duplicates and phonetic sound-alikes. This committee brainstormed the addition of 41 new names; the last significant update to the List. The new recommended names are being forwarded for inclusion based on solid research with individuals having ties to the community, historic significance, exemplary character and for their contributions to public service. ATTACHMENTS 1. List of Names for Arterial and Collector Streets - Existing and Proposed (PDF) 2. Street Naming Chronology, 1999-2017 (PDF) 3. Map of Former Cherryhurst (now Turnberry Road) (PDF) 4. Standards for Street Naming (PDF) 5. Powerpoint presentation (PDF) 13 Packet Pg. 243 Official List of Names for Arterial and Collector Streets Last Updated May 16, 2017 by Resolution 2017-048 Names to be added are in BOLD – Recommended to City Council – May 7, 2019 Names to be removed are in STRIKETHROUGH # Name Description Add Date / Resolution Remove Date / Resolution Reason 1. A&M In recognition of the past name of Colorado State University. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 2. Aggie This is a common name given to university students. Today the Aggie tradition at CSU carries on as the nostalgic nickname. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 3. Ainsworth E. Blount First professor of Practical Agriculture at Colorado Agricultural College beginning in 1879, famous for his agricultural research and experiments, focusing on small grains and improving agricultural practices statewide. November 6, 2012 / 2012-100 4. Amos Jiron In recognition of a Hispanic family, like so many others, that moved here from the San Luis Valley to work in the sugar beet harvest. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 5. Ann Azari Councilmember 1989 – 1993; Mayor 1993-1999. November 6, 2012 / 2012-100 6. Arlene Ahlbrandt Life-long resident of Fort Collins and prolific local historian in Fort Collins, wrote and/or contributed to 10 books on Fort Collins and Larimer County history. ATTACHMENT 1 13.1 Packet Pg. 244 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names # Name Description Add Date / Resolution Remove Date / Resolution Reason 7. Arthur & Ruth Collamer Art was born into a large pioneer family in 1893 and Ruth arrived in 1899 at the age of 3 ½. Art worked a variety of jobs including stage coach driver. Family owned grocery store on N. Meldrum St and continuously operated the wood lot just around the bend of the “Y” at Highway 287 and Highway One for 115 years. Art served in WW I. August 19, 2003 / 2003-094 8. Augustina, Jesse Godinez and Family Local Hispanic business owners who founded El Burrito restaurant in 1960 and operated by three generations. Jesse mentored youth through employment. Served in the United States Military. May 16, 2017 / 2017-048 9. Barney Apodoca A beloved resident, the “angel of Old Town,” an “ambassador of friendship,” Barney asked everyone he met, “How’ya do ‘in?” Through an Act of Congress, the Downtown Post Office was named in his honor, and honor he politely declined. A ceaseless collector of donations for various causes notably the Youth Activity Center; he was indeed a Downtown celebrity. May 16, 2017 / 2017-048 Added by Citizen Ad Hoc Advisory Committee (2017) 10. Bath Immigrant family name and prosperous local merchants. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 11. Benjamin Hottel Two terms as alderman, instrumental in bringing to Fort Collins its first large industry, the sugar beet factory, 1890's. February 5, 1985 / 1985-15 12. Bill Robb Architect and one of the first community planners; # Name Description Add Date / Resolution Remove Date / Resolution Reason 13. Blehm In recognition of a large family of Volga-Germans that immigrated to the area primarily to work the sugar beet harvest February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 14. Bob Sears Prominent local businessman who founded a successful lumber company. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 15. Byron White Fort Collins native, attended Wellington schools, All- American football player at C.U., awarded two Bronze Stars in World War. Two, Rhodes Scholar, appointed to the U.S. Supreme Court by President Kennedy in 1962, served as a Supreme Court Justice for 30 years. August 19, 2003 / 2003-094 16. C.C. (Clancy) Wanneka Descendant of Colorado homesteaders and graduate of Colorado A&M. C.C. served on the State Board of Agriculture, including four years as president, during years of significant growth for CSU. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 17. Carl & Augusta Levine In recognition of the Levine’s years of dedication to the arts and to the community. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 18. Carl Jorgensen Horticulture professor at CSU from 1947 to 1977. Helped establish the Fort Collins # Name Description Add Date / Resolution Remove Date / Resolution Reason 19. Carole Andreas Internationally known social activist, professor of sociology, author and artist. Advocated for justice and women's rights issues around the globe. Locally she worked on behalf of immigrant agricultural workers including a boycott of the Coors Brewing Co. for injustices to its workers. Helped picket farmers who had not paid their workers for six weeks and worked for minorities’ health struggles against agriculture pesticides. 20. Carole Torguson Started Canyon Concert Ballet in 1979, northern Colorado’s premier regional ballet company. In addition to teaching dance, produced instructional videos and manuals for dance teachers that were distributed and well- received across the country. 21. Charlene Tresner First local history librarian in Fort Collins beginning the mid-1970s, helped create the Fort Collins Local History Archive, authored Streets of Fort Collins. 22. Charles Lauterbach Established a cigar factory and retail store on the Vanderwark Block on Jefferson Street and later at 210 Linden Street. November 6, 2012 / 2012-100 23. Charley Clay Escaped slavery in 1861 at the age of 51. He headed west and worked as a cook in Wyoming and Colorado, even serving a meal to General Ulysses S. Grant when he passed through Laporte in 1875. Settled in Fort Collins in 1880 and opened up a restaurant and catering business and was hired by the town as an ash and trash collector, a.k.a “ragman.” He died just shy of 100 years old. His house was located on the northwest corner of where City Hall is today. 13.1 Packet Pg. 247 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names # Name Description Add Date / Resolution Remove Date / Resolution Reason 24. Cherryhurst A historic place name in reference to the farm and orchard owned by Agnes Wright Spring, author and state historian in both Colorado and Wyoming and member of the National Cowgirl Hall of Fame, offered as one of two alternatives for County Road 11. August 19, 2003 / 2003-094 January 20, 2015 / 2015-011 Recently selected for a local street in Waterfield Subdivision 3rd Filing. To be added again for consideration (was not used). 25. Chief Friday Chief Friday was leader of the Arapahoe in the Cache La Poudre area during settlement. May 16, 2000 / 2000-073 26. Clara Hatton* CSU Senior faculty member, early 1900's. February 5, 1985 / 1985-15 Needs to be removed; duplicate building name on CSU’s campus (Clara Hatton Gallery 200 Lake St.) 27. Clara Ray Nurse at Poudre Valley Memorial Hospital for 43 years, retired in 1972, worked at the original Larimer County Hospital and Poor Farm. 28. Corky Walt Decorated WWII Army general. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 29. D.C. Armitage City Commission of Works, 10-2-13 to 4-10-16 and 4-12-32 to 4-12-38; also was an alderman 4- 21-13 to 10-2-13. February 5, 1985 / 1985-15 # Name Description Add Date / Resolution Remove Date / Resolution Reason 31. Dawn Weimer Well-known bronze sculptor, sculpted the Rocky Mountain Rumble at the entrance of the CSU football stadium and Annie the Railroad Dog outside of the Old Town Library. 32. Deb Note-Farwell Accomplished actress and director in local theatre including Bas Bleu Theatre, Open Stage Theatre and Pop-Up Theatre. 33. Dick Beardmore A passionate historic preservationist and structural/preservation engineer who made significant contributions to the restoration and renovation of many historic structures in Fort Collins and throughout Colorado. Taught classes at C.S.U. in Construction Management and helped create the Center for the Stabilization and Re-Use of Important Structures. May 16, 2017 / 2017-048 34. Dickerson Alice and Helen Dickerson moved to their grandparent’s 82-acre homestead in the Buckhorn Canyon as very young children. As adults, the sisters made or grew nearly everything they needed. For over 80 years, from the 1910s until their deaths in the 1990s, the Dickerson sisters truly represented our vanishing pioneer heritage. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 35. Dixon Canyon A name that reflects a geographical feature on the west side of Fort Collins, an area that includes the Dixon Canal, Dixon Reservoir and is also the name of the middle dam on Horsetooth Reservoir, so named because it dams the original pre-reservoir canyon. 13.1 Packet Pg. 249 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names # Name Description Add Date / Resolution Remove Date / Resolution Reason 36. Dr. Karl Carson Fort Collins Mayor from 1968 to 1973, helped found the Community Foundation of Northern Colorado, President of the Fort Collins Symphony, President of the Colorado Municipal League and the Colorado League of Cities and led efforts to build the Lincoln Center, the bike trail system and helped establish the City’s fluoridated water system. January 20, 2009 / 2009-007 37. Dr. Leonore (Nora) Rice Miller Started her medical practice in Fort Collins in 1908 specializing in maternity cases and often traveled by horse and buggy to reach patients Due to a shortage of teachers during World War II, she came out of retirement to teach high school physics, math and engineering. (First or middle name only, last name conflicts with an existing street in Fort Collins.) 38. Dr. Mary Reckly First woman physician in Fort Collins Earned an AB from the University of Denver and earned degrees in both medicine and osteopathic medicine. Spent three years pursuing medical studies in Europe and was known as a skilled and sympathetic physician, as well as an educated, cultured lady of pleasing personality who won friends in every walk of life. 39. Dr. Olive Dickey Fort Collins native, born in 1903, granddaughter of Henry Clay Peterson (who helped found Colorado A & M). Earned a medical degree at the University of Michigan and returned to Fort Collins in 1932 and practiced medicine for many years. 40. Dreher Three brothers who owned a pickle factory on Riverside Drive and founded Jax Surplus. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 13.1 Packet Pg. 250 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names # Name Description Add Date / Resolution Remove Date / Resolution Reason 41. Earl Hodges Fire Department, 1930's to 1950's. February 5, 1985 / 1985-15 42. Earl Wilkinson Moved to Fort Collins in 1924, Served on City Council from 1974 to 1981, Mayor from 1976 to 1977, Community Builder of the Year - 1990, long serving member of numerous organizations including the Jaycees, Chamber of Commerce (president), Platte River Power Authority, Downtown Development Authority, Longs Peak Council of the Boy Scouts, Colorado Municipal League and charter member of the Transportation Advisory Board. August 19, 2003 / 2003-094 43. Edith Wilcox Holsinger Moved to Fort Collins in 1905. Owned and operated several businesses and active in community affairs. Donated mattresses to needy families during the Great Depression. Owned Holsingers Second Hand Store and E & M Furniture on Linden Street for many years and lived upstairs. Descendants now own Holsinger Drywall, in business for 56 years. 44. Editha Todd Leonard Prominent violinist and founder of the Fort Collins Concert Orchestra in 1923 and led it through the 1930’s. A graduate of Colorado A & M, she left several art endowments including a collection of over 100 Japanese prints to the university’s art museum. Her husband Warren, served under General Douglas MacArthur during the occupation of Japan. Editha started the first Woman’s Club in Japan during this period. 13.1 Packet Pg. 251 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names # Name Description Add Date / Resolution Remove Date / Resolution Reason 45. Edward Gallegos Born in San Luis, CO in 1925 as a 4th generation descendant of Spanish settlers. Edward served in the Army and as a public employee for Larimer County. In 1959, Edward and his siblings started a lawn-mowing and hauling business that developed into a 70-truck fleet of waste and recycling trucks serving Northern Colorado and Southern Wyoming. May 16, 2017 / 2017-048 46. Elfreda Stebbins First Librarian at Carnegie Library (now museum) Librarian for 28 years 1904 to 1932. February 5, 1985 / 1985-15 47. Eliza Marshall Tanner Niece of Chief of the United States Justice John Marshall. Civil War widow who settled in Fort Collins in the 1890s, avid volunteer and humanitarian involved with the Society for Prevention of Cruelty to Animals and Arbor Day. Fountain in Library Park dedicated to her for her work on behalf of animals. 48. Ellen Thexton In charge of cultural and performing arts, 7-1-76 to 9-6-83. February 5, 1985 / 1985-15 49. Emma Mallaby North-side grocery store owner. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 13.1 Packet Pg. 252 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names # Name Description Add Date / Resolution Remove Date / Resolution Reason 50. Emma Powers A Fort Collins pioneer and professional nurse who came to Larimer County in 1873. Attended schools in Livermore, Pleasant Valley, and Fort Collins. Graduated from Colorado Training School for Nurses in Denver in 1901 and became a registered nurse in 1906. Worked as a private nurse in Denver and Fort Collins for several years then opened the five- bed Emma V. Powers Maternity Hospital at 505 E. Oak in 1916, and then took charge of the maternity ward in 1925 at the new Larimer County Hospital. Her hospital was torn down in 1948 and in a 1948 newspaper interview Emma estimated she had helped with the birth of at least 1,000 babies. She died in 1964. 51. Evadene Swanson Local historian in Fort Collins, wrote Fort Collins Yesterdays. Received American Association of State and Local History lifetime achievement award. (First name only, last name conflicts with an existing street in Loveland.) 52. First Elk Woman First Elk Woman was the Sioux Indian wife of Antoine Janis, the first permanent settler in Larimer County. She was of the Red Cloud family. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 53. Fran Thompson One of the founders of the Volunteer Clearing House. 54. Frank Ghent Charter member of City Water Board, 1963 to 1967, Chamber of Commerce "Man of the Year" for 1982. February 5, 1985 / 1985-15 55. Franklin Pierce Rudolph Arrived in Fort Collins in 1906, farmed and built a large home and three silos, road became known as Three Silos Road, now Summit View Drive, descendants still live in the area. August 19, 2003 / 2003-094 13.1 Packet Pg. 253 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names # Name Description Add Date / Resolution Remove Date / Resolution Reason 56. Fred & Viola Kluver President of the Poudre Valley Bank and prominent family known for their philanthropy. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 57. George Glover* First Dean of Veterinary Medicine at CSU, turn of the century to 1934. February 5, 1985 / 1985-15 Needs to be removed; duplicate building name on CSU campus. 58. Glenn Morris Athletic star at Colorado Agricultural College and 1936 Olympic gold medalist at the Berlin games. February 21, 2006 / 2006-024 59. Grace Espy Patton- Cowles First woman registered voter to Fort Collins - 1894; State Superintendent of Public Instruction. February 5, 1985 / 1985-15 60. Guy Palmes City Manager, 2-24-39 to 9-15-61. February 5, 1985 / 1985-15 Duplicates existing street name Harper Goff Grew up in Fort Collins and as an artist and set designer for Walt Disney, used Downtown as a model for Disneyland’s Main Street USA. May 16, 2017 / 2017-048 May 16, 2017 / 2017-048 Used to name alley between Pine and Jefferson 61. Harry Smiley Manager and volunteer at museum, 6-1-63 to 6-1- 70. February 5, # Name Description Add Date / Resolution Remove Date / Resolution Reason 63. Isabelle Gavaldon Lifelong resident, Hispanic community leader who provided a voice for Hispanics and other minorities during the mid and late 20th century. Leader and advocate of Hispanic education helping change the Spanish language curriculum in Fort Collins area schools. She was instrumental with helping fund first-year, low-income, and first- generation students through local programs with El Centro that welcome, encourage, and support the academic success of Hispanics at Colorado State University. (Family requests first name only.) May 16, 2017 / 2017-048 64. J. Ray French Fort Collins High School football coach, team won state championships in early 1940s. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 65. J.A.C. Kissock Checked and audited city books, two terms City Council, father of Fort Collins sewer system, on City Council 4-11- 67 to 5-13-70. February 5, 1985 / 1985-15 66. J.W.N. (Bill) Fead Bill served on City Council from 1971-1975 and as Mayor from 1974-1975. He was a valued Civil Engineering professor at CSU from 1957 until his retirement in 1995 during which time he played a key role in moving the Department of Civil Engineering into the national spotlight. September 6, 2005 / 2005-094 September 6, 2005 / 2005-094 67. Jack A. Harvey Mayor, 4-14-59 to 4-11-61. February 5, 1985 / 1985-15 68. Jay Bouton City Attorney, alderman eight years; president Board of Education. 18 years; 1870's, 1880's. February 5, 1985 / 1985-15 Part of Original List 69. JD Forney Prominent Fort Collins industrialist (developed the arc welder) and built a large home on South Grant # Name Description Add Date / Resolution Remove Date / Resolution Reason 70. Jeanne Nash Local artist, knitter for charity, and collector who founded the Global Village Museum in Fort Collins. 71. Jim Reidhead Local businessperson and preservationist who helped start The Cupboard and many Downtown Fort Collins initiatives. May 16, 2017 / 2017-048 72. Joan King-Tobet Eleven years a nun in a Dominican convent, left the convent and earned a Ph.D. in Neuroanatomy and Psychology from Tulane University. Chair of the department of Anatomy and Cellular Biology at Tufts University School of Medicine. Author of several books and global speaker. Part of several women’s business groups that coalesced into the Colorado Women of Influence. One of the first 24 women in the Zonta Club of Fort Collins Women of Northern Colorado (advancing the status of women worldwide). 73. Joe Armijo Former soldier in the United States Army during WWII. He stormed the beaches at Normandy. He was a leader in the Latino community and he worked at Colorado State University for over 30 years. After retirement, Joe Armijo was a 9Cares award recipient from 9News and earned a state award for over 5,000 hours of Volunteer Service in a 4-year period. He volunteered more than 10,000 hours. He referred to everyone as "my friend" -- a kind gentle leader of the North Fort Collins Latino Community. January 20, 2015 / 2015-011 74. John & Phyllis Mattingly Long-term Fort Collins residents who, combined, made significant contributions to the local business and social scene (John - one of the founders, along with Gerald Moyer, of Aqua Tec, later renamed to Water Pik, in 1962) (Phyllis – competitive ballroom dancer and graphologist). February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 13.1 # Name Description Add Date / Resolution Remove Date / Resolution Reason 75. Roy, John & Tom Toliver Prominent multi-generational local family who founded a successful hardware business and built a large home recognized for its art deco style. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 76. John Ayres Having arrived in the 1880 's, the Ayres family is considered genuine pioneers. Descendants have contributed to the community over the generations and are in-laws to the Collamer’s (see below). February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 77. John Leo Cefkin CSU professor of political science from 1956 to 1987 and served as department chairman for many years. Taught at the University of Rhodesia under a Rockefeller Foundation grant and as a Fulbright lecturer and researcher. Published author. Member of the Denver Council on Foreign Relations. Served as a Colorado Racing Commissioner from 1976 to 1990. Active participant in Fort Collins Senior Center’s Front Range Forum. World War II Veteran. 78. Josephine Lamb Mountain school teacher and Livermore cattle rancher, she took extension courses from Colorado State College in Greely for 40 years, finally earning her bachelor’s degree in 1960. She passed away in 1973 79. Jovita Lobato Born into a migrant family who worked the sugar beet fields, first Hispanic graduate from both Fort Collins High School and Colorado Agricultural College (1936). She broke racial and discriminatory barriers in the face of considerable obstacles and opposition. 80. Judge Claude Coffin Discoverer of Folsom site in northern Larimer County, City Attorney 8-30-24 to 1-12-25. February 5, 1985 / 1985-15 # Name Description Add Date / Resolution Remove Date / Resolution Reason 81. Laura Makepeace Fort Collins teacher, librarian at Colorado State University, and local historian who indexed the 1911 tome History of Larimer County by Ansel Watrous 82. Lawrence Durrell* CSU senior faculty member, scientist, very instrumental in starting the Colorado Agricultural Research Foundation, which greatly added to the growth of the university, 1940's. February 5, 1985 / 1985-15 Needs to be removed; duplicate building name on CSU campus. 83. Leonard & Katherine Franz Farmed in Fossil Creek area commencing in1882, later bought land on corner of Harmony Road and Timberline Road; sold Harmony/Timberline property in 1917 for construction of the Harmony Store. May 16, 2000 / 2000-073 84. Lew Gaiter Larimer County Commissioner from 2010 – 2018. Worked to promote rural broadband development and helped establish the Larimer County Office of Emergency Management. Involved in work with area churches and nonprofits including Realities for Children and 25 years volunteering with the Loveland Ski Patrol. 85. Linda Ahuna Ph.D. in sociology at CSU. Created and administered CSU’s Asian Pacific American Cultural Center and also served as the Assistant Vice President for Student Affairs. 86. Liston Leyendecker Wrote biography of George Pullman (Pullman Car); resident of Fort Collins. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 13.1 Packet Pg. 258 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names # Name Description Add Date / Resolution Remove Date / Resolution Reason 87. Louis Brown Jr. Highly decorated veteran of U.S. Air Force, Larimer County Administrator, Member of the Poudre School District Board of Education, and member of numerous service organizations including the United Way, Salvation Army and the Red Cross. January 20, 2009 / 2009-007 88. Lyman Nichols An expert in micro writing, Nichols perfected optical instruments that were used in bomb sights by U.S. aircraft in WWII. These sights were credited with improved accuracy thus helping to shorten the war. Nichols and his wife made their home on Lindenmeier Road on a hill overlooking Long Pond after his retirement in 1951. August 19, 2003 / 2003-094 89. Mable Preble First woman mayor in Fort Collins (1973-1974) and Judge for the 8th Judicial District of Colorado – the first woman from Fort Collins to join the bench. 90. Major Roy Coffin Discoverer of Folsom site in northern Larimer County. February 5, 1985 / 1985-15 91. Marie Lafitte Notorious madame and owner of a bawdy house on Linden Street in Fort Collins in the early 1900’s. 92. Mary Bates Artist who helped start Trimble Court Artisans. She wrote a book, Survival Through Peace, and was a candidate for Congress on a peace platform in the 1970’s. Married to CSU English professor Paul Bates and a very involved peace activist during the Vietnam War. 93. Matsuda In recognition of a prominent farm family and the contributions of Japanese Americans in local agriculture. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 13.1 Packet Pg. 259 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names # Name Description Add Date / Resolution Remove Date / Resolution Reason 94. Maurice Albertson C.S.U. Professor, Director of Colorado State University Research Foundation, Consultant to UNESCO, and one of the architects of the Peace Corps. January 20, 2009 / 2009-007 95. Mildred Arnold Home Economics professor at CSU 1967-1976. Established the Mildred Arnold Foundation in 1990 and started the Woman of the Year program. 96. Mildred McAnnelly Local teacher for 40 years. 97. Nona Thayer Larimer County Commissioner from 1976 – 1984. Active in the League of Women Voters. Successfully championed open space, recreational trails and parks, including Horsetooth Mountain Park. 98. Norlin In recognition of an early farming family that had a large farm in south Fort Collins. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 99. Orville P. Kelly Chief of the Fort Collins Police Department for 19 years: 1936-1955. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 100. Pappy Spencer Prospector and burro wrangler (skinner) who kept his burros at Overland Trail and Elizabeth. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 101. Ralph Coyte Colorado Judge and namesake of the Ralph Coyte Memorial Law Library. (Larimer County Bar Assoc.) February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc # Name Description Add Date / Resolution Remove Date / Resolution Reason 103. Rattlesnake Jack Brinkhoff Buried in the Manhattan Cemetery near Livermore, ‘Rattlesnake Jack” was buried there in March 1970 with special permission from Ron Anderson, then of the Forest Service. Anderson reportedly said, "Jack always lived on hard rock - he ought to be put to rest on hard rock." February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 104. Ray Barger Larimer County Sheriff for many years. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 105. Refugia Cienfuegos Fled Mexico to Texas with her four young children under threat from Pancho Villa where she was recruited by the Great Western Sugar Company to move and work in Fort Collins picking sugar beets. Purchased real estate and owned properties Downtown and in the Colonias and Holy Family neighborhoods. Her descendants still own property and businesses today including Joe’s Auto Upholstery. 106. Robert Everitt Founder of the Everitt Companies, developer, banker, philanthropist and community business leader. Established the Everitt Real Estate Center at C.S.U. Founding member of the Community Foundation of Northern Colorado. Helped assemble acreage for the Poudre Valley Hospital campus, raised money to create the Lincoln Center, and the catalyst for the original Harmony Corridor Plan. Served on the Board of Governing Board for C.S.U. an inducted into the Colorado Business Hall of Fame. May 16, 2017 / 2017-048 13.1 Packet Pg. 261 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names # Name Description Add Date / Resolution Remove Date / Resolution Reason 107. Robert Geller Served as director of United Campus Ministry – now named the Geller Center. Helped launch several CSU programs, including International Students House, Black Student Services and Alternative Spring Break. He was involved in over 20 community organizations and social justice efforts while consistently promoting the idea of inclusive spirituality. 108. Samuel H. Clammer Mayor, 10-27-13 to 4-9-18. February 5, 1985 / 1985-15 109. Stan Case Stan and his wife Lola purchased the historic Arrowhead Lodge in the Poudre Canyon in 1946. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 110. Stephen J. Roy Attorney by profession, cowboy at heart. Assistant City Attorney from 1985 to 1988 and appointed City Attorney 1988 – 2014 for a total of 29 years of public service. Steve Roy received the Larimer County Bar Association's Professionalism Award in 2012 and participated in Leadership Fort Collins. Steve was the past president of the Larimer County Bar Association, past president of the Attorneys Section, Colorado Municipal League, past president of the Metro City Attorney Association, and a standing member of the Colorado Municipal League, Amicus Committee. January 20, 2015 / 2015-011 111. Stewart “Stew” Case Born in Fort Collins May 15, 1916. He was influential in starting the Fort Collins Recreational Department. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 13.1 Packet Pg. 262 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names # Name Description Add Date / Resolution Remove Date / Resolution Reason 112. Susan West Furniss Moved to Fort Collins in 1950 and, after raising her family, earned two M.A.’s and a Ph.D. and became a CSU professor of political science in the mid 1970’s. Active in the local and state chapters of the League of Women Voters, Common Cause, and a volunteer and chairperson of Crossroads Safehouse. Active in Senate campaigns and manager of Sen. Gary Hart’s Denver office. 113. T.P. Treadwell Fire Chief, upgraded department 2-1-30 to 8-15- 52. February 5, 1985 / 1985-15 114. Teller Ammons Teller Ammons was one of the youngest men ever to become governor of Colorado in 1936. Duplicates an existing building on CSU campus 115. Tom Coffey City Manager, 10-1-65 to 6-12-72. February 5, 1985 / 1985-15 September 6, 2005 / 2005-095 Added to list because street was renamed to William Neal in September 2005 116. Tony Sanchez Distinguished law enforcement, school resource officer and first responder to the September 11, 2001 terrorist attacks. May 16, 2017 / 2017-048 117. Trostel Prominent businessman who owned a lumber mill and store. February 21, 2006 / 2006-024 118. Wanda Mayberry Occupational Therapy professor at CSU 1973 – 1989 and assisted the department in earning accreditation. Prominent member of the League of Women Voters. 119. White Gold The name given to sugar beets in recognition of the economic importance of this commodity. February 21, 2006 / 2006-024 # Name Description Add Date / Resolution Remove Date / Resolution Reason 120. William Bernheim First known Jewish resident of Fort Collins. Owned a dry goods shop and eventually built a brick building on Linden Street. He married Harriet Smith and together they had five children. Bernheim’s business failed in 1890 due to a severe national recession. He is buried in Grandview in an unmarked grave. 121. William R. Kreutzer First U.S. Forest Ranger, started his career in 1898 in the Pike National Forest and long the Forest Supervisor of the Roosevelt National Forest retiring in 1939. 122. William Steely Germans from Russia family who came to Fort Collins in 1909 and lived in the Buckingham neighborhood. Over the generations, descendants made significant contributions to the growth and development of Fort Collins most notably the construction of several churches all of which still stand today. May 16, 2017 / 2017-048 Selected for a local street name in the Northfield development. * Name given by CSU 13.1 Packet Pg. 264 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names Names Previously Removed From Official Street Naming List # Name Description Add Date / Resolution Remove Date / Resolution Reason 1. Arthur March, Sr. City Attorney, 8-14-48 to 10-14-72 February 5, 1985 / 1985-15 May 16, 2000 / 2000-073 2. Auntie Elizabeth Stone First businesswoman of Fort Collins February 5, 1985 / 1985-15 May 16, 2000 / 2000-073 3. Bar Harbor Name offered for a new collector street in Lind Farm to continue the nautical theme established by Richards Lake Subdivision to the west. August 19, 2003 / 2003-094 September 6, 2005 / 2005-094 Used in Richards Lake Subdivision 4. C.R. Carpenter Fire Chief, 10-18-46 to 10-1-47 and 4-13-55 to 6-29-65, killed on duty. February 5, 1985 / 1985-15 August 19, 2003 / 2003-094 Used to name County Road 32 in Spring of 2000 5. Charles E. Brockman Police officer who was killed in the line of duty in 1911 at the age of 52. Officer Brockman's name was placed on the Colorado Law Enforcement Memorial and the National Law Enforcement Memorial. September 6, 2005 / 2005-094 September 6, 2005 / 2005-094 Use to rename Katahdin Drive in September 2005 6. Chester # Name Description Add Date / Resolution Remove Date / Resolution Reason 9. Council Tree Native American tribes and white settlers traditionally met and discussed issues at predetermined locations identified by natural features. February 21, 2006 / 2006-024 January 20, 2009 / 2009-007 Added by the Citizen Ad Hoc Advisory Committee 10. Douglas In recognition of common usage for County Road 54 August 19, 2003 / 2003-094 September 6, 2005 / 2005-094 Used to name County Road 54 in Fall 2003 11. Franklin Avery Engineer for agricultural colony, laid out and platted City February 5, 1985 / 1985-15 August 19, 2003 / 2003-094 12. George & Mary Katherine Kechter Arrived in Harmony District in 1903; bought a 320 acre farm in 1910; farmed there for 50 years. May 16, 2000 / 2000-073 August 19, 2003 / 2003-094 Used to name County Road 36 in Spring of 2000 13. George Bailey Colorado Supreme Court Justice May 16, 2000 / 2000-073 September 6, 2005 / 2005-094 Used in Loveland/Estes Park 14. George Robert Strauss One of the first farmers in the area; developed a # Name Description Add Date / Resolution Remove Date / Resolution Reason 19. James C. Evans Mayor, 4-1 6-1888 to 4-15-1889 February 5, 1985 / 1985-15 September 6, 2005 / 2005-094 Used in Loveland 20. Jerome Name offered for a new collector street in Old Town North Subdivision in recognition of Saint Jerome August 19, 2003 / 2003-094 September 6, 2005 / 2005-094 21. John H. Cameron Fire Chief, 31 years in water department, turn of the century February 5, 1985 / 1985-15 May 16, 2000 / 2000-073 22. Joseph N. Allen Police officer who was killed in the line of duty in 1907. Officer Allen's name has been placed on the Colorado Law Enforcement Memorial at Camp George West in Golden, Colorado and on the National Law Enforcement Memorial in Washington D.C. September 6, 2005 / 2005-094 September 6, 2005 / 2005-094 Used to rename Sagebrush Drive in September 2005 23. Lady Moon Catherine Gattan, a colorful character, arrived in Larimer County, Colorado in 1883 at 18 years old. February 21, 2006 / 2006-024 January 20, 2009 / 2009-007 Added by the Citizen Ad Hoc Advisory Committee Used to rename Cambridge Avenue 24. # Name Description Add Date / Resolution Remove Date / Resolution Reason 29. Montezuma Fuller Prominent architect and builder of distinctive buildings. February 21, 2006 / 2006-024 January 20, 2009 / 2009-007 Added by the Citizen Ad Hoc Advisory Committee 30. Mountain Vista In recognition of an existing arterial street that was never officially named August 19, 2003 / 2003-094 September 6, 2005 / 2005-094 Used to name County Road 50 in Fall of 2003 31. Nancy Gray Served on City Council from 1973 to 1981. Served as Mayor in 1980 and 1981. Served two terms on the Poudre Valley Hospital Board and eight years on the Northern Colorado Water Conservancy Board, and interim member of the School Board, member of the League of Women Voters, community leader, supported women’s issues and mentor to young women August 19, 2003 / 2003-094 September 6, 2005 / 2005-094 32. Pauline Steele Community builder of the year; member election committee February 5, 1985 / 1985-15 September 6, 2005 / 2005-094 Used in Estes Park 33. R.Q. Tenney One of the earliest settlers to help develop irrigation; first master of State Grange February 5, 1985 / 1985-15 May 16, 2000 / 2000-073 34. Ralph Smith Police Chief, 6-5-67 to 1-1-84 February 5, 1985 / 1985-15 May 16, 2000 / 2000-073 # Name Description Add Date / Resolution Remove Date / Resolution Reason 1. Timberline Spring 2000 Used to name County Road 11 in Spring of 2000 39. Turnberry Prestigious golf course in Scotland, considered the birthplace of golf, host course for several men’s and women’s British Open golf tournaments, offered as one of two alternatives for County Road 11(To be removed from list if not selected for County Road 11) August 19, 2003 / 2003-094 September 6, 2005 / 2005-094 Used to name County Road 11 in Fall 2003 40. Virginia Corbett CSU Senior faculty member in Home Economics, very involved with female student body, early 1900’s February 5, 1985 / 1985-15 May 16, 2000 / 2000-073 41. Watson Ziegler Arrived in Colorado in 1896; known for promoting the Laramie Poudre irrigation project; used scientific farming methods. May 16, 2000 / 2000-073 August 19, 2003 / 2003-094 Used to name Country Road 9 in Spring of 2000 42. William (Bill) Pickett February 21, 2006 / 2006-024 February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 43. William B. Miner Mayor, 4-20-1891 to 4-17-1893 February 5, 1985 / 1985-15 September 6, 2005 / # Name Description Add Date / Resolution Remove Date / Resolution Reason 45. William Neal William B. Neal was instrumental in the conceptualization and development of Rigden Farm, a 303 acre mixed-use neighborhood that was one of the first projects designed under City Plan in 1999. As a partner in Wheeler Commercial Property Services, he was also instrumental in the development of the Miramon!, Fairbrooke and Brown Farm neighborhoods as well as Poudre Valley Plaza at Horsetooth and Shields. He served in the U.S. Army Intelligence, was a planner for the City of Greeley and served on the State Highway Commission. He was inducted posthumously into the Colorado State University Center For Real Estate Hall of Fame. In addition to being a widely-respected businessman, Mr. Neal enjoyed biking, playing guitar, and composing and performing music at Larimer County events. September 6, 2005 / 2005-094 September 6, 2005 / 2005-095 Used to rename Coffey Parkway * Name given by CSU 13.1 Packet Pg. 270 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names Street Naming - Chronology Staff inherited The List of Names for Arterials and Collector Streets in 1999. A. Spring 2000 – Fossil Creek Reservoir Area Plan In the Spring of 2000, City Council updated the official list to delete nine names that had been previously selected and added seven new names. Of these seven, five were selected to re-name existing County Roads in the southeast quadrant of the City. The Board of County Commissioners then approved an action to continue these newly selected names to the limits of the Growth Management Area. The affected roads were: From: To: County Road 7 Strauss Cabin Road County Road 9 Ziegler Road County Road 11 Timberline Road County Road 32 Carpenter Road County Road 36 Kechter Road B. Fall 2003 – Mountain Vista Subarea Plan In the Fall of 2003, City Council again updated the list to delete the five names that had been previously selected and added 16 new names. Of these 16, six were selected to re-name existing County roads in the northeast quadrant of the City, five as arterial streets and one as a state highway. In addition, four names were selected to name new collector streets. Again, the Board of County Commissioners approved continuing the newly selected names for the arterials and state highway to logical termination points both inside and outside the Growth Management Area. The affected arterial/minor arterial roads were: From: To: County Road 50 Mountain Vista Drive County Road 52 Richards Lake Road County Road 54 Douglas Road County Road 11 Turnberry Road County Road 9 Giddings Road State Highway One Terry Lake Road ATTACHMENT 2 13.2 Packet Pg. 271 Attachment: Street Naming Chronology, 1999-2017 (7965 : Street Names List-Arterial and Collector Streets) 2 C. September 2005 – List Update In September 2005, four new names were added and 18 names were deleted for being selected or being duplicates. From this updated list, one existing collector street and two existing local streets were renamed as: From: To: Coffey Parkway William Neal Parkway Katahdin Drive Charles Brockman Drive Sagebrush Drive Joseph Allen Drive D. February 2006 – List Update In February 2006, 41 new names were added based on the recommendation from a citizen advisory committee and five names were deleted. In addition, Council took the following specific action to rename a collector street in the southeast quadrant: From: To: Cambridge Avenue Lady Moon Drive E. October 2007 – List Update On October 16, 2007, Council voted to add Sergeant Nicholas Walsh to the list but did not do so by Resolution. F. January 2009 – List Update 1. Delete Three Previously Selected Names: Lady Moon Council Tree Montezuma Fuller 2. Add Four New Names: Maurice Albertson Louis Brown Jr. Dr. Karl Carson Sergeant Nicholas Walsh 13.2 Packet Pg. 272 Attachment: Street Naming Chronology, 1999-2017 (7965 : Street Names List-Arterial and Collector Streets) 3 G. October – 2011 – List Update Council passed a Resolution naming a public access drive into Spring Canyon Park in honor of Sergeant Nicholas Walsh. H. November 2012 – Named Three Alleys Named three alleys within the block bounded by South College Avenue, West Laurel Street, South Mason Street and West Myrtle Street: Robert Dalzell Ruth Jocelyn Wattles Franklin Corbin I. January - 2015 – Named an Arterial Street Named a new arterial street: Lee Suniga Added two new names: Joe Armijo Stephen J. Roy J. May – 2017 – Named a Collector Street Named a new collector street: Cordova (named for the family). Named a Downtown Alley: Harper Goff Added nine new names: William Steely Dick Beardmore Isabelle Gavaldon (name to be Isabelle) Robert Everitt Godinez (named for three generations of the family) Jim Reidhead Edward Gallegos Tony Sanchez Barney Apodoca 13.2 Packet Pg. 273 Attachment: Street Naming Chronology, 1999-2017 (7965 : Street Names List-Arterial and Collector Streets) 4 Women’s Names Selected to Date: Based on the current List of Names, the following women’s names have been selected for streets: Wattles, Ruth Sykes, Hope Gray, Nancy Auntie Stone, Elizabeth Lady Moon, Gattan Birky, Pauline Women’s Names on the List of Names Not Yet Selected: Azari, Ann Cherryhurst (orchard owned by Agnes Wright Spring) Dickerson, Sisters Alice and Helen First Elk Woman Mallaby, Emma McDaniel, Hattie Patton-Cowles, Grace Espy Stebbins, Elfreda Thexton, Ellen Family Names Selected to Date: Cordova Giddings Kechter Ziegler Family Names on the List of Names Not Yet Selected: Art and Ruth Collamer Leonard and Katherine Franz Fred and Viola Kluver Carl and Augusta Levine John and Phyllis Mattingly Godinez 13.2 Packet Pg. 274 Attachment: Street Naming Chronology, 1999-2017 (7965 : Street Names List-Arterial and Collector Streets) Future Northeast Community Park Future Iron Horse Park Lindenmeier Lake Future Turnberry Road N Turnberry Road Extension Suniga Rd Former Cherryhurst & Future Turnberry Rd. Formerly Cherryhurst Mountain Vista Dr E Vine Dr E Vine Dr N Timberline Dr Formerly Cherryhurst Turnberry Rd Existing Turnberry Road ATTACHMENT 3 13.3 Packet Pg. 275 Attachment: Map of Former Cherryhurst (now Turnberry Road) (7965 : Street Names List-Arterial and Collector Streets) ATTACHMENT 4 13.4 Packet Pg. 276 Attachment: Standards for Street Naming (7965 : Street Names List-Arterial and Collector Streets) 13.4 Packet Pg. 277 Attachment: Standards for Street Naming (7965 : Street Names List-Arterial and Collector Streets) May 7, 2019 Updating the List of Street Names Ted Shepard ATTACHMENT 5 13.5 Packet Pg. 278 Attachment: Powerpoint presentation (7965 : Street Names List-Arterial and Collector Streets) List of Names • Section 24-91 – City Code • Forms the Basis for The List of Names for Arterial and Collector Streets • Requires Council Resolution • May of 2017 – Council requested the List be updated with specific direction to address the gender imbalance 2 13.5 Packet Pg. 279 Attachment: Powerpoint presentation (7965 : Street Names List-Arterial and Collector Streets) List of Names Existing List: 76 names Proposed New Names: 40 • Reviewed for compliance with Section 24-91 • Checked for accuracy, duplicates and sound-alikes • Includes adding back in “Cherryhurst” List Maintenance: Delete 6 names • Two names that have been selected • Four names that are duplicates or phonetic sound-alikes 3 13.5 Packet Pg. 280 Attachment: Powerpoint presentation (7965 : Street Names List-Arterial and Collector Streets) List of Names 4 Women Men Families / Couples Natural / Other Total Recommend New 31 7 0 2 40 Existing 9 51 13 3 76 Total 40 58 13 5 116 Distribution of Existing and Proposed Names 13.5 Packet Pg. 281 Attachment: Powerpoint presentation (7965 : Street Names List-Arterial and Collector Streets) Former Cherryhurst & Future Turnberry Road 13.5 Packet Pg. 282 Attachment: Powerpoint presentation (7965 : Street Names List-Arterial and Collector Streets) List of Names The List – great source for naming local streets as well Under consideration: • William Steely • Glen Morris • Art and Ruth Collamer 6 Suniga Rd- 2015 Cordova Rd- 2017 13.5 Packet Pg. 283 Attachment: Powerpoint presentation (7965 : Street Names List-Arterial and Collector Streets) -1- RESOLUTION 2019-059 OF THE COUNCIL OF THE CITY OF FORT COLLINS REVISING THE LIST OF NAMES FOR ARTERIAL AND COLLECTOR STREETS WHEREAS, Section 24-91 of the City Code provides for the City Council to name arterial and collector streets from a list of names selected by the City Council by resolution, which list of names shall be composed of names of natural areas, natural features, historic and/or well-known places, citizens of the City or growth management area whom the City Council would like to honor posthumously, and such other names of places, things or deceased persons as the City Council may approve; and WHEREAS, the City Council has determined that the names “Harper Goff,” “William Steely,” “Clara Hatton,” “Guy Palmes,” “Lawrence Durrell,” and “Teller Ammons” should be removed from the City’s list of names for arterial and collector streets because such names have already been used for alleys, non-arterial and collector streets, and buildings within the City; and WHEREAS, the City Council has further determined that the forty names listed in Exhibit “A,” attached hereto and incorporated herein by this reference, qualify for inclusion on the list of arterial and collector street names in accordance with Section 24-91 and should be included. 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 list of names for arterial and collector streets be revised by the removal of the names “Harper Goff,” “William Steely,” “Clara Hatton,” “Guy Palmes,” “Lawrence Durrell,” and “Teller Ammons.” Section 3. That the list of names for arterial and collector streets be revised by the addition of the forty names listed in Exhibit “A”, and that the full list of names shown on Exhibit “B” attached hereto and incorporated herein by this reference shall be the approved arterial and collector street names. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th day of May, A.D. 2019. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 284 EXHIBIT “A” NAMES FOR ADDITION TO THE OFFICIAL LIST OF NAMES FOR ARTERIAL AND COLLECTOR STREETS 1. Arlene Ahlbrandt 2. Carl Jorgensen 3. Carole Andreas 4. Carole Torguson 5. Charlene Tresner 6. Charley Clay 7. Cherryhurst 8. Clara Ray 9. Dawn Weimer 10. Deb Note-Farwell 11. Dixon Canyon 12. Dr. Leonore (Nora) Rice Miller 13. Dr. Mary Reckly 14. Dr. Olive Dickey 15. Edith Wilcox Holsinger 16. Editha Todd Leonard 17. Eliza Marshall Tanner 18. Emma Powers 19. Evadene Swanson 20. Fran Thompson 21. Jeanne Nash 22. Joan King-Tobet 23. John Leo Cefkin 24. Josephine Lamb 25. Jovita Lobato 26. Laura Makepeace 27. Lew Gaiter 28. Linda Ahuna 29. Mable Preble 30. Marie Lafitte 31. Mary Bates 32. Mildred Arnold 33. Mildred McAnnelly 34. Nona Thayer 35. Refugia Cienfuegos 36. Robert Geller 37. Susan West Furniss 38. Wanda Mayberry 39. William Bernheim 40. William R. Kreutzer 1 Packet Pg. 285 Attachment: Exhibit A (7967 : Street Names List-Arterial and Collector Streets RESO) Official List of Names for Arterial and Collector Streets # Name Description Add Date / Resolution Remove Date / Resolution Reason 1. A&M In recognition of the past name of Colorado State University. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 2. Aggie This is a common name given to university students. Today the Aggie tradition at CSU carries on as the nostalgic nickname. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 3. Ainsworth E. Blount First professor of Practical Agriculture at Colorado Agricultural College beginning in 1879, famous for his agricultural research and experiments, focusing on small grains and improving agricultural practices statewide. November 6, 2012 / 2012-100 4. Amos Jiron In recognition of a Hispanic family, like so many others, that moved here from the San Luis Valley to work in the sugar beet harvest. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 5. Ann Azari Councilmember 1989 – 1993; Mayor 1993-1999. November 6, 2012 / 2012-100 6. Arlene Ahlbrandt Life-long resident of Fort Collins and prolific local historian in Fort Collins, wrote and/or contributed to 10 books on Fort Collins and Larimer County history. EXHIBIT B 2 Packet Pg. 286 Attachment: Exhibit B (7967 : Street Names List-Arterial and Collector Streets RESO) # Name Description Add Date / Resolution Remove Date / Resolution Reason 7. Arthur & Ruth Collamer Art was born into a large pioneer family in 1893 and Ruth arrived in 1899 at the age of 3 ½. Art worked a variety of jobs including stage coach driver. Family owned grocery store on N. Meldrum St and continuously operated the wood lot just around the bend of the “Y” at Highway 287 and Highway One for 115 years. Art served in WW I. August 19, 2003 / 2003-094 8. Augustina, Jesse Godinez and Family Local Hispanic business owners who founded El Burrito restaurant in 1960 and operated by three generations. Jesse mentored youth through employment. Served in the United States Military. May 16, 2017 / 2017-048 9. Barney Apodoca A beloved resident, the “angel of Old Town,” an “ambassador of friendship,” Barney asked everyone he met, “How’ya do ‘in?” Through an Act of Congress, the Downtown Post Office was named in his honor, and honor he politely declined. A ceaseless collector of donations for various causes notably the Youth Activity Center; he was indeed a Downtown celebrity. May 16, 2017 / 2017-048 Added by Citizen Ad Hoc Advisory Committee (2017) 10. Bath Immigrant family name and prosperous local merchants. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 11. Benjamin Hottel Two terms as alderman, instrumental in bringing to Fort Collins its first large industry, the sugar beet factory, 1890's. February 5, 1985 / 1985-15 12. Bill Robb Architect and one of the first community planners; # Name Description Add Date / Resolution Remove Date / Resolution Reason 13. Blehm In recognition of a large family of Volga-Germans that immigrated to the area primarily to work the sugar beet harvest February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 14. Bob Sears Prominent local businessman who founded a successful lumber company. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 15. Byron White Fort Collins native, attended Wellington schools, All- American football player at C.U., awarded two Bronze Stars in World War. Two, Rhodes Scholar, appointed to the U.S. Supreme Court by President Kennedy in 1962, served as a Supreme Court Justice for 30 years. August 19, 2003 / 2003-094 16. C.C. (Clancy) Wanneka Descendant of Colorado homesteaders and graduate of Colorado A&M. C.C. served on the State Board of Agriculture, including four years as president, during years of significant growth for CSU. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 17. Carl & Augusta Levine In recognition of the Levine’s years of dedication to the arts and to the community. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 18. Carl Jorgensen Horticulture professor at CSU from 1947 to 1977. Helped establish the Fort Collins Forestry # Name Description Add Date / Resolution Remove Date / Resolution Reason 19. Carole Andreas Internationally known social activist, professor of sociology, author and artist. Advocated for justice and women's rights issues around the globe. Locally she worked on behalf of immigrant agricultural workers including a boycott of the Coors Brewing Co. for injustices to its workers. Helped picket farmers who had not paid their workers for six weeks and worked for minorities’ health struggles against agriculture pesticides. 20. Carole Torguson Started Canyon Concert Ballet in 1979, northern Colorado’s premier regional ballet company. In addition to teaching dance, produced instructional videos and manuals for dance teachers that were distributed and well-received across the country. 21. Charlene Tresner First local history librarian in Fort Collins beginning the mid-1970s, helped create the Fort Collins Local History Archive, authored Streets of Fort Collins. 22. Charles Lauterbach Established a cigar factory and retail store on the Vanderwark Block on Jefferson Street and later at 210 Linden Street. November 6, 2012 / 2012-100 23. Charley Clay Escaped slavery in 1861 at the age of 51. He headed west and worked as a cook in Wyoming and Colorado, even serving a meal to General Ulysses S. Grant when he passed through Laporte in 1875. Settled in Fort Collins in 1880 and opened up a restaurant and catering business and was hired by the town as an ash and trash collector, a.k.a “ragman.” He died just shy of 100 years old. His house was located on the northwest corner of where City Hall is today. 2 Packet Pg. 289 Attachment: Exhibit B (7967 : Street Names List-Arterial and Collector Streets RESO) # Name Description Add Date / Resolution Remove Date / Resolution Reason 24. Cherryhurst A historic place name in reference to the farm and orchard owned by Agnes Wright Spring, author and state historian in both Colorado and Wyoming and member of the National Cowgirl Hall of Fame, offered as one of two alternatives for County Road 11. August 19, 2003 / 2003-094 January 20, 2015 / 2015-011 Recently selected for a local street in Waterfield Subdivision 3rd Filing. To be added again for consideration (was not used). 25. Chief Friday Chief Friday was leader of the Arapahoe in the Cache La Poudre area during settlement. May 16, 2000 / 2000-073 26. Clara Ray Nurse at Poudre Valley Memorial Hospital for 43 years, retired in 1972, worked at the original Larimer County Hospital and Poor Farm. 27. Corky Walt Decorated WWII Army general. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 28. D.C. Armitage City Commission of Works, 10-2-13 to 4-10-16 and 4-12-32 to 4-12-38; also was an alderman 4- 21-13 to 10-2-13. February 5, 1985 / 1985-15 29. David Watrous Manager and volunteer at museum, editor of Fort Collins newspaper. February 5, 1985 / 1985-15 30. Dawn Weimer Well-known bronze sculptor, sculpted the Rocky Mountain Rumble at the entrance of the CSU football stadium and Annie the Railroad Dog outside of the Old Town Library. 31. # Name Description Add Date / Resolution Remove Date / Resolution Reason 32. Dick Beardmore A passionate historic preservationist and structural/preservation engineer who made significant contributions to the restoration and renovation of many historic structures in Fort Collins and throughout Colorado. Taught classes at C.S.U. in Construction Management and helped create the Center for the Stabilization and Re-Use of Important Structures. May 16, 2017 / 2017-048 33. Dickerson Alice and Helen Dickerson moved to their grandparent’s 82-acre homestead in the Buckhorn Canyon as very young children. As adults, the sisters made or grew nearly everything they needed. For over 80 years, from the 1910s until their deaths in the 1990s, the Dickerson sisters truly represented our vanishing pioneer heritage. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 34. Dixon Canyon A name that reflects a geographical feature on the west side of Fort Collins, an area that includes the Dixon Canal, Dixon Reservoir and is also the name of the middle dam on Horsetooth Reservoir, so named because it dams the original pre- reservoir canyon. 35. Dr. Karl Carson Fort Collins Mayor from 1968 to 1973, helped found the Community Foundation of Northern Colorado, President of the Fort Collins Symphony, President of the Colorado Municipal League and the Colorado League of Cities and led efforts to build the Lincoln Center, the bike trail system and helped establish the City’s fluoridated water system. January 20, 2009 / 2009-007 2 Packet Pg. 291 Attachment: Exhibit B (7967 : Street Names List-Arterial and Collector Streets RESO) # Name Description Add Date / Resolution Remove Date / Resolution Reason 36. Dr. Leonore (Nora) Rice Miller Started her medical practice in Fort Collins in 1908 specializing in maternity cases and often traveled by horse and buggy to reach patients Due to a shortage of teachers during World War II, she came out of retirement to teach high school physics, math and engineering. (First or middle name only, last name conflicts with an existing street in Fort Collins.) 37. Dr. Mary Reckly First woman physician in Fort Collins Earned an AB from the University of Denver and earned degrees in both medicine and osteopathic medicine. Spent three years pursuing medical studies in Europe and was known as a skilled and sympathetic physician, as well as an educated, cultured lady of pleasing personality who won friends in every walk of life. 38. Dr. Olive Dickey Fort Collins native, born in 1903, granddaughter of Henry Clay Peterson (who helped found Colorado A & M). Earned a medical degree at the University of Michigan and returned to Fort Collins in 1932 and practiced medicine for many years. 39. Dreher Three brothers who owned a pickle factory on Riverside Drive and founded Jax Surplus. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 40. Earl Hodges Fire Department, 1930's to 1950's. February 5, 1985 / 1985-15 2 Packet Pg. 292 Attachment: Exhibit B (7967 : Street Names List-Arterial and Collector Streets RESO) # Name Description Add Date / Resolution Remove Date / Resolution Reason 41. Earl Wilkinson Moved to Fort Collins in 1924, Served on City Council from 1974 to 1981, Mayor from 1976 to 1977, Community Builder of the Year - 1990, long serving member of numerous organizations including the Jaycees, Chamber of Commerce (president), Platte River Power Authority, Downtown Development Authority, Longs Peak Council of the Boy Scouts, Colorado Municipal League and charter member of the Transportation Advisory Board. August 19, 2003 / 2003-094 42. Edith Wilcox Holsinger Moved to Fort Collins in 1905. Owned and operated several businesses and active in community affairs. Donated mattresses to needy families during the Great Depression. Owned Holsingers Second Hand Store and E & M Furniture on Linden Street for many years and lived upstairs. Descendants now own Holsinger Drywall, in business for 56 years. 43. Editha Todd Leonard Prominent violinist and founder of the Fort Collins Concert Orchestra in 1923 and led it through the 1930’s. A graduate of Colorado A & M, she left several art endowments including a collection of over 100 Japanese prints to the university’s art museum. Her husband Warren, served under General Douglas MacArthur during the occupation of Japan. Editha started the first Woman’s Club in Japan during this period. 44. Edward Gallegos Born in San Luis, CO in 1925 as a 4th generation descendant of Spanish settlers. Edward served in the Army and as a public employee for Larimer County. In 1959, Edward and his siblings started a lawn-mowing and hauling business that developed into a 70-truck fleet of waste and recycling trucks serving Northern Colorado and Southern Wyoming. May 16, 2017 / 2017-048 2 Packet Pg. 293 Attachment: Exhibit B (7967 : Street Names List-Arterial and Collector Streets RESO) # Name Description Add Date / Resolution Remove Date / Resolution Reason 45. Elfreda Stebbins First Librarian at Carnegie Library (now museum) Librarian for 28 years 1904 to 1932. February 5, 1985 / 1985-15 46. Eliza Marshall Tanner Niece of Chief of the United States Justice John Marshall. Civil War widow who settled in Fort Collins in the 1890s, avid volunteer and humanitarian involved with the Society for Prevention of Cruelty to Animals and Arbor Day. Fountain in Library Park dedicated to her for her work on behalf of animals. 47. Ellen Thexton In charge of cultural and performing arts, 7-1-76 to 9-6-83. February 5, 1985 / 1985-15 48. Emma Mallaby North-side grocery store owner. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 49. Emma Powers A Fort Collins pioneer and professional nurse who came to Larimer County in 1873. Attended schools in Livermore, Pleasant Valley, and Fort Collins. Graduated from Colorado Training School for Nurses in Denver in 1901 and became a registered nurse in 1906. Worked as a private nurse in Denver and Fort Collins for several years then opened the five-bed Emma V. Powers Maternity Hospital at 505 E. Oak in 1916, and then took charge of the maternity ward in 1925 at the new Larimer County Hospital. Her hospital was torn down in 1948 and in a 1948 newspaper interview Emma estimated she had helped with the birth of at least 1,000 babies. She died in 1964. 50. Evadene Swanson Local historian in Fort Collins, wrote Fort Collins Yesterdays. Received American Association of State and Local History lifetime achievement award. (First name only, last name conflicts with an existing street in Loveland.) 2 Packet Pg. 294 Attachment: Exhibit B (7967 : Street Names List-Arterial and Collector Streets RESO) # Name Description Add Date / Resolution Remove Date / Resolution Reason 51. First Elk Woman First Elk Woman was the Sioux Indian wife of Antoine Janis, the first permanent settler in Larimer County. She was of the Red Cloud family. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 52. Fran Thompson One of the founders of the Volunteer Clearing House. 53. Frank Ghent Charter member of City Water Board, 1963 to 1967, Chamber of Commerce "Man of the Year" for 1982. February 5, 1985 / 1985-15 54. Franklin Pierce Rudolph Arrived in Fort Collins in 1906, farmed and built a large home and three silos, road became known as Three Silos Road, now Summit View Drive, descendants still live in the area. August 19, 2003 / 2003-094 55. Fred & Viola Kluver President of the Poudre Valley Bank and prominent family known for their philanthropy. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 56. Glenn Morris Athletic star at Colorado Agricultural College and 1936 Olympic gold medalist at the Berlin games. February 21, 2006 / 2006-024 57. Grace Espy Patton- Cowles First woman registered voter to Fort Collins - 1894; State Superintendent of Public Instruction. February 5, 1985 / 1985-15 58. Harry Smiley Manager and volunteer at museum, 6-1-63 to 6-1- 70. February 5, 1985 / 1985-15 # Name Description Add Date / Resolution Remove Date / Resolution Reason 60. Isabelle Gavaldon Lifelong resident, Hispanic community leader who provided a voice for Hispanics and other minorities during the mid and late 20th century. Leader and advocate of Hispanic education helping change the Spanish language curriculum in Fort Collins area schools. She was instrumental with helping fund first-year, low-income, and first- generation students through local programs with El Centro that welcome, encourage, and support the academic success of Hispanics at Colorado State University. (Family requests first name only.) May 16, 2017 / 2017-048 61. J. Ray French Fort Collins High School football coach, team won state championships in early 1940s. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 62. J.A.C. Kissock Checked and audited city books, two terms City Council, father of Fort Collins sewer system, on City Council 4-11- 67 to 5-13-70. February 5, 1985 / 1985-15 63. J.W.N. (Bill) Fead Bill served on City Council from 1971-1975 and as Mayor from 1974-1975. He was a valued Civil Engineering professor at CSU from 1957 until his retirement in 1995 during which time he played a key role in moving the Department of Civil Engineering into the national spotlight. September 6, 2005 / 2005-094 September 6, 2005 / 2005-094 64. Jack A. Harvey Mayor, 4-14-59 to 4-11-61. February 5, 1985 / 1985-15 65. Jay Bouton City Attorney, alderman eight years; president Board of Education. 18 years; 1870's, 1880's. February 5, 1985 / 1985-15 Part of Original List 66. JD Forney Prominent Fort Collins industrialist (developed the arc welder) and built a large home on South Grant # Name Description Add Date / Resolution Remove Date / Resolution Reason 67. Jeanne Nash Local artist, knitter for charity, and collector who founded the Global Village Museum in Fort Collins. 68. Jim Reidhead Local businessperson and preservationist who helped start The Cupboard and many Downtown Fort Collins initiatives. May 16, 2017 / 2017-048 69. Joan King-Tobet Eleven years a nun in a Dominican convent, left the convent and earned a Ph.D. in Neuroanatomy and Psychology from Tulane University. Chair of the department of Anatomy and Cellular Biology at Tufts University School of Medicine. Author of several books and global speaker. Part of several women’s business groups that coalesced into the Colorado Women of Influence. One of the first 24 women in the Zonta Club of Fort Collins Women of Northern Colorado (advancing the status of women worldwide). 70. Joe Armijo Former soldier in the United States Army during WWII. He stormed the beaches at Normandy. He was a leader in the Latino community and he worked at Colorado State University for over 30 years. After retirement, Joe Armijo was a 9Cares award recipient from 9News and earned a state award for over 5,000 hours of Volunteer Service in a 4-year period. He volunteered more than 10,000 hours. He referred to everyone as "my friend" -- a kind gentle leader of the North Fort Collins Latino Community. January 20, 2015 / 2015-011 71. John & Phyllis Mattingly Long-term Fort Collins residents who, combined, made significant contributions to the local business and social scene (John - one of the founders, along with Gerald Moyer, of Aqua Tec, later renamed to Water Pik, in 1962) (Phyllis – competitive ballroom dancer and graphologist). February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 2 Packet Pg. 297 Attachment: Exhibit B (7967 : Street Names List-Arterial and Collector Streets RESO) # Name Description Add Date / Resolution Remove Date / Resolution Reason 72. Roy, John & Tom Toliver Prominent multi-generational local family who founded a successful hardware business and built a large home recognized for its art deco style. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 73. John Ayres Having arrived in the 1880 's, the Ayres family is considered genuine pioneers. Descendants have contributed to the community over the generations and are in-laws to the Collamer’s (see below). February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 74. John Leo Cefkin CSU professor of political science from 1956 to 1987 and served as department chairman for many years. Taught at the University of Rhodesia under a Rockefeller Foundation grant and as a Fulbright lecturer and researcher. Published author. Member of the Denver Council on Foreign Relations. Served as a Colorado Racing Commissioner from 1976 to 1990. Active participant in Fort Collins Senior Center’s Front Range Forum. World War II Veteran. 75. Josephine Lamb Mountain school teacher and Livermore cattle rancher, she took extension courses from Colorado State College in Greely for 40 years, finally earning her bachelor’s degree in 1960. She passed away in 1973 76. Jovita Lobato Born into a migrant family who worked the sugar beet fields, first Hispanic graduate from both Fort Collins High School and Colorado Agricultural College (1936). She broke racial and discriminatory barriers in the face of considerable obstacles and opposition. 77. Judge Claude Coffin Discoverer of Folsom site in northern Larimer County, City Attorney 8-30-24 to 1-12-25. February 5, 1985 / 1985-15 78. # Name Description Add Date / Resolution Remove Date / Resolution Reason 79. Leonard & Katherine Franz Farmed in Fossil Creek area commencing in1882, later bought land on corner of Harmony Road and Timberline Road; sold Harmony/Timberline property in 1917 for construction of the Harmony Store. May 16, 2000 / 2000-073 80. Lew Gaiter Larimer County Commissioner from 2010 – 2018. Worked to promote rural broadband development and helped establish the Larimer County Office of Emergency Management. Involved in work with area churches and nonprofits including Realities for Children and 25 years volunteering with the Loveland Ski Patrol. 81. Linda Ahuna Ph.D. in sociology at CSU. Created and administered CSU’s Asian Pacific American Cultural Center and also served as the Assistant Vice President for Student Affairs. 82. Liston Leyendecker Wrote biography of George Pullman (Pullman Car); resident of Fort Collins. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 83. Louis Brown Jr. Highly decorated veteran of U.S. Air Force, Larimer County Administrator, Member of the Poudre School District Board of Education, and member of numerous service organizations including the United Way, Salvation Army and the Red Cross. January 20, 2009 / 2009-007 84. Lyman Nichols An expert in micro writing, Nichols perfected optical instruments that were used in bomb sights by U.S. aircraft in WWII. These sights were credited with improved accuracy thus helping to shorten the war. Nichols and his wife made their home on Lindenmeier Road on a hill overlooking Long Pond after his retirement in 1951. August 19, 2003 / 2003-094 2 Packet Pg. 299 Attachment: Exhibit B (7967 : Street Names List-Arterial and Collector Streets RESO) # Name Description Add Date / Resolution Remove Date / Resolution Reason 85. Mable Preble First woman mayor in Fort Collins (1973-1974) and Judge for the 8th Judicial District of Colorado – the first woman from Fort Collins to join the bench. 86. Major Roy Coffin Discoverer of Folsom site in northern Larimer County. February 5, 1985 / 1985-15 87. Marie Lafitte Notorious madame and owner of a bawdy house on Linden Street in Fort Collins in the early 1900’s. 88. Mary Bates Artist who helped start Trimble Court Artisans. She wrote a book, Survival Through Peace, and was a candidate for Congress on a peace platform in the 1970’s. Married to CSU English professor Paul Bates and a very involved peace activist during the Vietnam War. 89. Matsuda In recognition of a prominent farm family and the contributions of Japanese Americans in local agriculture. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 90. Maurice Albertson C.S.U. Professor, Director of Colorado State University Research Foundation, Consultant to UNESCO, and one of the architects of the Peace Corps. January 20, 2009 / 2009-007 91. Mildred Arnold Home Economics professor at CSU 1967-1976. Established the Mildred Arnold Foundation in 1990 and started the Woman of the Year program. 92. Mildred McAnnelly Local teacher for 40 years. 93. Nona Thayer Larimer County Commissioner from 1976 – 1984. Active in the League of Women Voters. Successfully championed open space, recreational trails and parks, including Horsetooth Mountain Park. 2 Packet Pg. 300 Attachment: Exhibit B (7967 : Street Names List-Arterial and Collector Streets RESO) # Name Description Add Date / Resolution Remove Date / Resolution Reason 94. Norlin In recognition of an early farming family that had a large farm in south Fort Collins. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 95. Orville P. Kelly Chief of the Fort Collins Police Department for 19 years: 1936-1955. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 96. Pappy Spencer Prospector and burro wrangler (skinner) who kept his burros at Overland Trail and Elizabeth. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 97. Ralph Coyte Colorado Judge and namesake of the Ralph Coyte Memorial Law Library. (Larimer County Bar Assoc.) February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 98. Ralph Parshall CSU professor and inventor of the “Parshall Flume” irrigation flow device. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 99. Rattlesnake Jack Brinkhoff Buried in the Manhattan Cemetery near Livermore, ‘Rattlesnake Jack” was buried there in March 1970 with special permission from Ron Anderson, then of the Forest Service. Anderson reportedly said, "Jack always lived on hard rock - # Name Description Add Date / Resolution Remove Date / Resolution Reason 101. Refugia Cienfuegos Fled Mexico to Texas with her four young children under threat from Pancho Villa where she was recruited by the Great Western Sugar Company to move and work in Fort Collins picking sugar beets. Purchased real estate and owned properties Downtown and in the Colonias and Holy Family neighborhoods. Her descendants still own property and businesses today including Joe’s Auto Upholstery. 102. Robert Everitt Founder of the Everitt Companies, developer, banker, philanthropist and community business leader. Established the Everitt Real Estate Center at C.S.U. Founding member of the Community Foundation of Northern Colorado. Helped assemble acreage for the Poudre Valley Hospital campus, raised money to create the Lincoln Center, and the catalyst for the original Harmony Corridor Plan. Served on the Board of Governing Board for C.S.U. an inducted into the Colorado Business Hall of Fame. May 16, 2017 / 2017-048 103. Robert Geller Served as director of United Campus Ministry – now named the Geller Center. Helped launch several CSU programs, including International Students House, Black Student Services and Alternative Spring Break. He was involved in over 20 community organizations and social justice efforts while consistently promoting the idea of inclusive spirituality. 104. Samuel H. Clammer Mayor, 10-27-13 to 4-9-18. February 5, 1985 / 1985-15 105. Stan Case Stan and his wife Lola purchased the historic Arrowhead Lodge in the Poudre Canyon in 1946. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 2 Packet Pg. 302 Attachment: Exhibit B (7967 : Street Names List-Arterial and Collector Streets RESO) # Name Description Add Date / Resolution Remove Date / Resolution Reason 106. Stephen J. Roy Attorney by profession, cowboy at heart. Assistant City Attorney from 1985 to 1988 and appointed City Attorney 1988 – 2014 for a total of 29 years of public service. Steve Roy received the Larimer County Bar Association's Professionalism Award in 2012 and participated in Leadership Fort Collins. Steve was the past president of the Larimer County Bar Association, past president of the Attorneys Section, Colorado Municipal League, past president of the Metro City Attorney Association, and a standing member of the Colorado Municipal League, Amicus Committee. January 20, 2015 / 2015-011 107. Stewart “Stew” Case Born in Fort Collins May 15, 1916. He was influential in starting the Fort Collins Recreational Department. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 108. Susan West Furniss Moved to Fort Collins in 1950 and, after raising her family, earned two M.A.’s and a Ph.D. and became a CSU professor of political science in the mid 1970’s. Active in the local and state chapters of the League of Women Voters, Common Cause, and a volunteer and chairperson of Crossroads Safehouse. Active in Senate campaigns and manager of Sen. Gary Hart’s Denver office. 109. T.P. Treadwell Fire Chief, upgraded department 2-1-30 to 8-15- 52. February 5, 1985 / 1985-15 110. Tom Coffey City Manager, 10-1-65 to 6-12-72. February 5, 1985 / 1985-15 September 6, 2005 / 2005-095 Added to list because street was renamed to William Neal in September 2005 2 Packet Pg. 303 Attachment: Exhibit B (7967 : Street Names List-Arterial and Collector Streets RESO) # Name Description Add Date / Resolution Remove Date / Resolution Reason 111. Tony Sanchez Distinguished law enforcement, school resource officer and first responder to the September 11, 2001 terrorist attacks. May 16, 2017 / 2017-048 112. Trostel Prominent businessman who owned a lumber mill and store. February 21, 2006 / 2006-024 113. Wanda Mayberry Occupational Therapy professor at CSU 1973 – 1989 and assisted the department in earning accreditation. Prominent member of the League of Women Voters. 114. White Gold The name given to sugar beets in recognition of the economic importance of this commodity. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 115. William Bernheim First known Jewish resident of Fort Collins. Owned a dry goods shop and eventually built a brick building on Linden Street. He married Harriet Smith and together they had five children. Bernheim’s business failed in 1890 due to a severe national recession. He is buried in Grandview in an unmarked grave. 116. William R. Kreutzer First U.S. Forest Ranger, started his career in 1898 in the Pike National Forest and long the Forest Supervisor of the Roosevelt National Forest retiring in 1939. * Name given by CSU 2 Packet Pg. 304 Attachment: Exhibit B (7967 : Street Names List-Arterial and Collector Streets RESO) he ought to be put to rest on hard rock." February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 100. Ray Barger Larimer County Sheriff for many years. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 2 Packet Pg. 301 Attachment: Exhibit B (7967 : Street Names List-Arterial and Collector Streets RESO) Laura Makepeace Fort Collins teacher, librarian at Colorado State University, and local historian who indexed the 1911 tome History of Larimer County by Ansel Watrous 2 Packet Pg. 298 Attachment: Exhibit B (7967 : Street Names List-Arterial and Collector Streets RESO) Street. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 2 Packet Pg. 296 Attachment: Exhibit B (7967 : Street Names List-Arterial and Collector Streets RESO) 59. Hattie McDaniel Hattie McDaniel was an accomplished actress most widely known for her role as “Mammy” in Gone With the Wind. Hattie lived in Fort Collins for a time as a child. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 2 Packet Pg. 295 Attachment: Exhibit B (7967 : Street Names List-Arterial and Collector Streets RESO) Deb Note-Farwell Accomplished actress and director in local theatre including Bas Bleu Theatre, Open Stage Theatre and Pop-Up Theatre. 2 Packet Pg. 290 Attachment: Exhibit B (7967 : Street Names List-Arterial and Collector Streets RESO) Department in the late 1960’s and was the City’s first arborist. Involved in CSU’s International Programs and assisted in establishing a Department of Plant Physiology in Bogota and Palmira for the National University – Colombia. 2 Packet Pg. 288 Attachment: Exhibit B (7967 : Street Names List-Arterial and Collector Streets RESO) established an architectural firm in 1953 known today as RB&B; served on several boards and commissions, including the city’s first Planning and Zoning Board; designed Saint Luke’s Episcopal and First United Methodist churches and the Old City Hall, among others. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 2 Packet Pg. 287 Attachment: Exhibit B (7967 : Street Names List-Arterial and Collector Streets RESO) 2005-094 Used in Johnstown 44. William Lopez City Councilman, 4-15-1969 to 02-28-1974 February 5, 1985 / 1985-15 May 16, 2000 / 2000-073 13.1 Packet Pg. 269 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names 35. Richards Lake In recognition of common usage for County Road 52 August 19, 2003 / 2003-094 September 6, 2005 / 2005-094 Used to name County Road 52 in Fall of 2003 36. S.A. Johnson* Dean of Students, Early 1900’s February 5, 1985 / 1985-15 May 16, 2000 / 2000-073 37. Sergeant Nicholas Walsh Fort Collins citizen who died in the line of duty in the War in Iraq January 20, 2009 / 2009-007 38. Terry Lake In recognition of common usage for State Highway One August 19, 2003 / 2003-094 September 6, 2005 / 2005-094 Used to name State Highway 1 in Fall 2003 13.1 Packet Pg. 268 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names Lee Suniga Prominent local citizen who rose from being a migrant worker; accomplished athlete who used baseball to help break down racial barriers. February 21, 2006 / 2006-024 May 16, 2017 / 2017-048 Added by the Citizen Ad Hoc Advisory Committee Used to name “New Vine” and rename Pinion Street 25. Lorraine Quinn First woman council member 4-9-63 to 11-1-65 February 5, 1985 / 1985-15 September 6, 2005 / 2005-094 Used in Johnstown 26. Maple Hill Name offered for a collector street in Maple Hill Subdivision August 19, 2003 / 2003-094 September 6, 2005 / 2005-094 27. Mariam Palmer* CSU faculty member, entomologist, known nationwide for her illustrations – early 1900’s February 5, 1985 / 1985-15 May 16, 2000 / 2000-073 28. Miles House City Clerk, 8-16-37 to 12-31-68 February 5, 1985 / 1985-15 13.1 Packet Pg. 267 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names positive relationship with Native Americans in the region. May 16, 2000 / 2000-073 August 19, 2003 / 2003-094 Used to name County Road 7 in Spring of 2000 15. Gurney Crawford “Father Goose” worked for the State Division of Wildlife as a game warden and biologist who introduced Canadian Geese to the area and established the Wellington Wildlife Areas August 19, 2003 / 2003-094 September 6, 2005 / 2005-094 Used in Loveland 16. Henry David Thoreau American author, 1817 –1862 naturalist, name offered for a new collector street in Maple Hill Subdivision September 6, 2005 / 2005-094 17. Hope Sykes Teacher at the Plummer School, authored Second Hoeing about life among Volga German immigrants especially the use of child labor in the sugar beet fields credited by New York Times for contributing to reform of national agricultural labor laws. August 19, 2003 / 2003-094 18. Inga Allison* CSU senior faculty member, early 1900's February 5, 1985 / 1985-15 September 6, 2005 / 2005-094 Used in Loveland 13.1 Packet Pg. 266 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names Giddings Arrived in Fort Collins in 1883 and successful farmer in the Boxelder Valley, railroad maps bore the name “Giddings” to mark a prominent sugar beet siding, grandson Ralph authored several books on local history August 19, 2003 / 2003-094 September 6, 2005 / 2005-094 Used to name County Road 9 in Fall 2003 7. Christman Duplicate name used in a County subdivision 8. Cordova Six generation family of Spanish-Americans who arrived to Fort Collins around the 1900s. The family established residence in the Alta Vista neighborhood and contributed to sugar beet and agricultural community. Many family members served in WWI, WWII and several post WWII conflicts. May 16, 2017 / 2017-048 May 16, 2017 / 2017-048 Used to name the north/south leg of international 13.1 Packet Pg. 265 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names Added by the Citizen Ad Hoc Advisory Committee 13.1 Packet Pg. 263 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names Advisory Committee 102. Ralph Parshall CSU professor and inventor of the “Parshall Flume” irrigation flow device. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 13.1 Packet Pg. 260 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names 13.1 Packet Pg. 257 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names Packet Pg. 256 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names Street. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 13.1 Packet Pg. 255 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names 1985 / 1985-15 62. Hattie McDaniel Hattie McDaniel was an accomplished actress most widely known for her role as “Mammy” in Gone With the Wind. Hattie lived in Fort Collins for a time as a child. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 13.1 Packet Pg. 254 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names 30. David Watrous Manager and volunteer at museum, editor of Fort Collins newspaper. February 5, 1985 / 1985-15 13.1 Packet Pg. 248 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names Forestry Department in the late 1960’s and was the City’s first arborist. Involved in CSU’s International Programs and assisted in establishing a Department of Plant Physiology in Bogota and Palmira for the National University – Colombia. 13.1 Packet Pg. 246 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names established an architectural firm in 1953 known today as RB&B; served on several boards and commissions, including the city’s first Planning and Zoning Board; designed Saint Luke’s Episcopal and First United Methodist churches and the Old City Hall, among others. February 21, 2006 / 2006-024 Added by the Citizen Ad Hoc Advisory Committee 13.1 Packet Pg. 245 Attachment: List of Names for Arterial and Collector Streets - Existing and Proposed (7965 : Street Names Hickory St Linden St N College Ave E Vine Dr E Suniga Rd N College Ave & Pinon St Vicinity Map Sharp Point Dr Under Construction N Completed Suniga Road Extension Suniga Road Extension N College Ave & Pinon St Intersection N College Ave & Suniga Rd Intersection EXHIBIT B 2 Packet Pg. 240 Attachment: Exhibit B (7963 : Naming Three Downtown Alleys RESO)  7 Vertical precast concrete planters 2018.02.08 - DDA BOARD MEETING DDA Alley Enhancements Overall Site Plan - West Mountain Alley     BEARDMORE GODINEZ REIDHEAD ƫ+((!#!ƫ2!*1! EXHIBIT A 1 Attachment: Exhibit A (7963 : Naming Three Downtown Alleys RESO) 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE SF-424D (Rev. 7-97) Back APPLICANT ORGANIZATION DATE SUBMITTED Utilities Executive Director Fort Collins, City of Completed on submission to Grants.gov Completed on submission to Grants.gov 20. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub-recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 185 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) 10. Will comply with all Federal statutes relating to non- discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the application. Previous Edition Usable Authorized for Local Reproduction Standard Form 424D (Rev. 7-97) Prescribed by OMB Circular A-102 PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 184 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 46,946.00 46,946.00 7,350.00 7,350.00 172,350.00 172,350.00 226,646.00 226,646.00 226,646.00 226,646.00 226,646.00 226,646.00 33 74,793.18 PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 183 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO)          *#*%$(*#$* *  *   *)*'&#"&# ! &DR9R;D9Jd[[D[\9R;=d3]VVSX\d3=;\ESRd \\Rd.9\\C=`d2=D;C=X\d 1 0 d !Sadd.3d d #=R_=Xd"0dd #=9Xd.Xd 2=D;C=X\d *d9Od`XE\ERBd\Sd[^VVSX\d&SX\d"SJJDR[d5\DJD\D=[d &"6d 9VVJD;9\DSRd>SXd9d63d!^X=9]dS>d 2=;M9O9\DSRd3O9KJd79\=Xd $?>D;E=R;bd'X9R\d 4C=[=d>^R<[d`S^K<d[]VVSY\d&"5[d"SOO=X;D9Kd9R<d (0 d -9R<[;9V=d"SR_=X[DSRd1XSBX9Od 3\9\=`D<=d`9\=XdVXS_D<=X[dC9_=dD<=R\D>D=<d9RdDOVSZ9R\dR==<d9R<dSVVSX\^RD\bd>SXdDPVXS_=<d`9\=Xd =>AE;D=R;bdDRd)0d9R<d;SOO=X;D9JdL9R<[;9V=d<=[DBRd9R<dO9R9B=P=R\d .9RbdSK<=Xd=aD[\DRBdJ9R<[;9V=[d S>\=Rd;SR\9DRd9R\DW]9\=<dJ9R<[;9V=d<=[DBR[d9R<d;SOVSR=R\[d\C9\d][=d=a;=[[D_=d`9\=Xd9X=d<D>>D;]K\d\Sd O9R9B=d=aV=R[D_=d\SdO9DR\9DRd9R<dX=VX=[=R\d;SR[]OV\ESRd<=Q9R<[dRS\dDRdJDR=d`D\Cd=_SL_DRBd =aV=;\9\DSR[d 4C=dVXSVS[=<d&"6dBX9R\dVXSBX9Od=aV9R<[d\C=d=aD[\DRBd8=XD[;9V=d +R;=R\D_=d 1XSBX9Od\Sd\C=d;SQO=X;D9Md [=;\SXd []VVSX\ERBd\C=d\X9R[D\ESRdS>dJ9XB=Xd=_=RdOTX=dDOV9;\>]JdJ9R<[;9V=d\SdOSX=d`9\=Xd=>?D;D=R\d>SXO9\[d 4bVE;9MdDOV9;\>^Kd;C9RB=[dDR;J]<=dDXXDB9\DSRd[b[\=Od]VBX9<=[d DQVXS_=<d`9\=Xd9VVMD;9\DSRdQ=\CS<[d9R<d J9R<[;9V=dX=_D[DSR[d7D\CDRd/SX\C=XRd"SKSX9<Sd\C=[=dJS;9JDc=<d=>AD;D=R;bdVXSF=;\[d;9RdS?>=Xd9;;=[[D:L=d 9VVXSVXD9\=d9R<d9_9DJ9:L=d;SR_=X[DSRd=a9OVJ=[d`CD;Cd;9Rd[=Y_=d9[d\S^XdKS;9\DSR[d9R<d;9[=d[\]<D=[d.SX=d [Sd M9R<[;9V=d;SR_=X[DSRdBX9R\[dK=_=X9B=d\C=dMDQD\=<dX=[=X_=d9;;S]R\d;9VD\9JdDPVXS_=O=R\d>]R<[d9_9DJ9:J=d >XSQd\C=[=d;][\SQ=XdBXS]V[d9KMS`DRBd>SXdO9aDO]Od_9K^=dDR_=[\O=R\[d9R<dX=[]J\[d 4C=dVXSBX9OdS>A=X[d 9<<D\DSR9Ld:=R=>D\[dS>dDQVXS_=<d`9\=Xd=>>D;D=R;bdJE\=X9;bd9R<d9<_S;9;bd9OSRBdBX9R\d9VVJE;9R\[d V9X\E;DV9R\[d9R<dER_SM_=<d9B=R\[d 4C=[=dBX9R\[d9J[Sd;SOVL=O=R\d=aD[\DRBd&"5dVXSBX9O[d >9;DME\9\DRBd O=9RDRB>]JdR=a\d[\=Vd9;\DSR[d9>\=Xd9]<D\[d9R<dX=;SOO=R<9\ESR[d [d;C9RB=[d\Sd;MEO9\=d []VVMbd_9XD9:DJD\bd9R<d<=Q9R<d;SR\DR]=d \C=d[\9\=dX=BDSRdR9\DSRd9R<d=[V=;D9JLbd \C=d9XD<d`=[\d:=R=>D\d>XSOd >9;EJD\9\ERBd J9XB=d[;9L=d]X:9Rd J9R<[;9V=d;SR_=X[DSR[d\C9\dS>>=Xd<EX=;\d SVVSX\]RD\D=[d >SXd[DBRD>D;9R\d`9\=Xd[9_DRB[d:bdVXS_D<DRBdCDBC _9J]=d<=OSR[\X9\DSR[dS>d:=>UX=d9R<d9>\=Xd `9\=Xd=>?D;D=R;bdVXSG=;\[d3^;CdVXSF=;\[d=P:S<bd\C=d][=dS>d;SR[=Y_9\DSRd:=[\dO9R9B=O=R\dVX9;\D;=[d &DR9JJb d[]VVSX\DRBd\CD[dDRRS_9\D_=dBX9R\dVXSBX9Od;SOVK=O=R\[d/SY\C=XRd79\=X[d79\=Xd $>>D;D=R;bd 1XSBX9Pd=?>SX\[d:bd=R;S]X9BDRBdEOV9;\>]JdJ9R<[;9V=d;SR_=X[DSRdVXSH=;\[d\CXS]BCS]\d /SX\C=XRd"SJSX9<Sd 3DR;=X=Nbd &X9RId ,DR<=Xd 79\=Xd %@>D;D=R;bd 1XSBX9Pd .9R9B=Xd /SX\C=XRd79\=Xd PREVIEW Date: Apr 23, 2019 Workspace ID: WS00294883 Funding Opportunity Number: BOR-DO-19-F005 1 Packet Pg. 181 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO) Packet Pg. 158 Attachment: Exhibit A (7941 : USBR WaterSMART grant RESO)