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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 04/03/2018 - COMPLETE AGENDACity of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Ken Summers, District 3 Kristin Stephens, District 4 Cablecast on FCTV Channel 14 Ross Cunniff, District 5 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Regular Meeting April 3, 2018 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring April 10, 2018 as Equal Pay Day. B. Proclamation Declaring April as Sexual Assault Awareness Month. C. Proclamation Declaring April as Fair Housing Month. Regular Meeting 6:00 p.m.  PLEDGE OF ALLEGIANCE  CALL MEETING TO ORDER  ROLL CALL  AGENDA REVIEW: CITY MANAGER  City Manager Review of Agenda. City of Fort Collins Page 2  Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items.  CITIZEN PARTICIPATION Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council.  Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes).  All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting).  The presiding officer will determine and announce the length of time allowed for each speaker.  Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk.  A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will beep again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]  CITIZEN PARTICIPATION FOLLOW-UP Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. 1. Second Reading of Ordinance No. 042, 2018, Appropriating Unanticipated Revenue Received From the Estate of Marjorie J. McTaggart in the Recreation Fund to be Paid to the Fort Collins Senior Center Endowment Fund For Use to Benefit the Senior Center. This Ordinance, unanimously adopted on First Reading on March 20, 2018, appropriates unanticipated revenue in the amount of $38,581, received from the Estate of Marjorie J. McTaggart, for use by the Fort Collins Senior Center. City of Fort Collins Page 3 2. Second Reading of Ordinance No. 043, 2018, Appropriating Unanticipated Revenue into the Capital Project Fund for the North College Improvements Project - Canal to State Highway 1 and for Transfer from the Capital Project Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program. This Ordinance, unanimously adopted on First Reading on March 20, 2018, appropriates unanticipated revenue in the amount of $156,144 into the Capital Project Fund for the North College Improvements Project-Canal to State Highway 1. Funds to be appropriated were collected as a payment-in-lieu of frontage improvement obligations from a recent development near the Project location. After this appropriation, the total appropriated funding for the Project will be approximately $2.35 million. 3. Second Reading of Ordinance No. 044, 2018, Appropriating Prior Year Reserves in the General Fund for Waste Reduction and Diversion Projects Approved as Part of the Waste Innovation Program. This Ordinance, unanimously adopted on Frist Reading on March 20, 2018, appropriates $111,000 accumulated during 2017 in the Waste Innovation Fund account into the City’s General Fund account to approve projects to develop new organizational processes that enable City departments to divert more waste material from landfill disposal. 4. Second Reading of Ordinance No. 045, 2018, Amending Chapter 7 of the City Code to Amend Requirements and Procedures for Elections. This Ordinance, unanimously adopted on First Reading on March 20, 2018, amends City Code relating to municipal elections. Changes include naming the City Clerk as the Designated Election Official, defining the terms “public announcement" and “registered agent”, and amending the time for candidates to file a financial disclosure statement when accepting nomination for office. Amendments are proposed for the registration and termination of committees and to allow for implementation of signature verification for the 2019 election. 5. First Reading of Ordinance No. 046, 2018, Reappropriating Funds Previously Appropriated in 2017 But Not Expended and Not Encumbered in 2017. The purpose of this item is to reappropriate monies in 2018 that were previously authorized by City Council for various expenditures in 2017. The authorized expenditures were not spent or could not be encumbered in 2017 because:  there was not sufficient time to complete bidding in 2017 and therefore, there was no known vendor or binding contract as required to expend or encumber the monies,  the project for which the dollars were originally appropriated by Council could not be completed during 2017 and reappropriation of those dollars is necessary for completion of the project in 2018, or  the funds appropriated in 2017 for certain ongoing programs, services, and facility improvements remained unspent at the end of 2017 for the various reasons discussed below, but continue to be needed in 2018 for these programs, services and facility improvements. 6. First Reading of Ordinance No. 047, 2018, Appropriating Prior Year Reserves in the Transportation Capital Expansion Fee Fund and the Transportation Fund and Authorizing the Transfer of Appropriations from the Transportation Capital Expansion Fee Fund and the Transportation Fund into the Capital Project Fund for the East Prospect Road Improvements Project and Transferring Appropriations from the Capital Project Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program. The purpose of this item is to appropriate $600,000 into the Capital Project Fund for the East Prospect Road Improvements Project. In addition, this item will authorize the transfer of $6,000, one percent of the appropriated funds, from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places. This project will reconstruct East Prospect Road as a four-lane arterial roadway from Sharp Point Drive to Interstate-25 (I-25) western frontage road as identified on the City’s Master Street Plan. Improvements include the addition of two travel lanes, bike lanes, pedestrian facilities, City of Fort Collins Page 4 utility improvements, intersection improvements at Prospect Road and Summitview Drive, and landscaped medians and parkways. This project will complement the Colorado Department of Transportation’s (CDOT) I-25 and Prospect Road Interchange improvements planned to begin construction in 2019. Appropriated funds will enable the initiation of the design process for the project. Construction funds have not yet been identified. Staff anticipates an overall project budget of $4,000,000 and an anticipated construction start date of 2020. Staff anticipates the completion of both projects in 2021. 7. First Reading of Ordinance No. 048, 2018, Appropriating Prior Year Reserves in the Transportation Capital Expansion Fee Fund and the Transportation Fund and Authorizing the Transfer of Appropriations from the Transportation Capital Expansion Fee Fund and the Transportation Fund into the Capital Project Fund for the South Timberline Road Improvements Project and Transferring Appropriations from the Capital Project Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program. The purpose of this item is to appropriate $549,496 into the Capital Project Fund for the South Timberline Road Improvement Project. This funding will be used to initiate the design for the project. In addition, this item will authorize the transfer of $5,495, one percent of the appropriated funds, from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places. This project will reconstruct South Timberline Road from Stetson Creek Drive to Trilby Road to the City’s four lane arterial roadway standard. Planned improvements include: intersection improvements at Kechter Road, Zephyr Road, and Trilby Road; multi-modal accommodations; raised medians; access control; landscaping improvements; and roadway improvements. This project serves to build upon the development improvements that have been completed along the corridor. This project will improve safety, reduce congestion, and provide improved accommodations for alternate travel modes. Staff anticipates an overall project budget of $5,900,000 and an anticipated construction start date of 2021. 8. First Reading of Ordinance No. 049, 2018, Appropriating Prior Year Reserves in the Utility Customer Service and Administration Fund for Cyber Security and System Enhancements for the Utilities Customer Information System. The purpose of this item is to fund security improvements identified in a 2017 assessment of the Utilities customer information system. This system is the Utilities’ primary tool for processing about $200 million in revenue annually, and it supports multiple critical integrated systems that Utilities relies on for daily operations in the delivery of accurate billing. Given the expected lifespan of the system, it is crucial that it is protected and supported until such time as a new billing system is implemented. 9. First Reading of Ordinance No. 050, 2018, Appropriating Unanticipated Grant Revenue in the Light and Power Fund for the Peak Notification Pilot Project. The purpose of this item is to appropriate $18,500 in grant revenues from the American Public Power Association into the Fort Collins Utilities Light and Power Operations fund to pilot a peak load notification project. This pilot project will be internal to the City of Fort Collins. It will educate staff members from various departments about coincident peak and provide tools to help City staff conserve power during peak events. 10. First Reading of Ordinance No. 051, 2018, Amending Chapter 26 of the Code of the City of Fort Collins Regarding Reimbursement Agreements for the Construction of Water and Sewer Mains. The purpose of this item is to amend City Code sections related to reimbursement agreements for the construction of water and sewer mains. These sections of Code define requirements by which private parties may seek reimbursement from adjacent property owners for installation of public water and sewer infrastructure. As written, the Code language applies to greenfield development, which is growing less common in Fort Collins. The proposed Code changes would make the reimbursement agreements also applicable to infill, redevelopment, and existing development and thus be more useful to the City and developers. City of Fort Collins Page 5 11. Resolution 2018-032 Authorizing the City Manager to Enter Into an Intergovernmental Agreement Concerning the Northern Colorado Regional Communication Network. The purpose of this item is to authorize the City to enter into an updated intergovernmental agreement (IGA) concerning the Northern Colorado Regional Communications Network (NCRCN). This IGA establishes three primary partners (the City of Fort Collins, the City of Loveland, and Larimer County) as “Partner Agencies”, and identifies the responsibilities in sharing in the management, use, and cost of operating the regional radio communications system. It also outlines the division of existing radio assets. 12. Resolution 2018-033 Approving an Exception to the Use of a Competitive Process for an Agreement with Itron Distributed Energy Management, Inc. for Demand Response Services. The purpose of this item is to request an exception to the use of a competitive bid or proposal process to pursue an agreement with Itron (formerly Comverge) to continue to provide operations, software support and field services in support of the Peak Partners demand response program. Exception to Competitive Bid or Proposal Rationale: 8-161(d)(1)b. Although there exists more than one responsible source a competitive process cannot reasonably be used or, if used will result in a substantially higher cost to the City, will otherwise injure the City’s financial interest, or will substantially impede the City’s administrative functions or the delivery of services to the public. 13. Resolution 2018-034 Adopting Amended Rules of Procedure Governing the Conduct of City Council Meetings and Council Work Sessions. The purpose of this item is to update the Rules of Procedure to clarify that the City Manager may remove items from the Consent Calendar, provide parameters for the use of recording equipment during Council meetings and to manage the use of the City’s display equipment in Council chambers by requiring citizens who wish to display materials for Council’s consideration to provide the materials to the City Clerk no later than 2 hours before the beginning of the Council meeting. 14. Resolution 2018-035 Appointing Alexandra Reuter to the Parking Advisory Board of the City of Fort Collins. The purpose of this item is to appoint Alexandra Reuter to fill a vacancy that exists on the Parking Advisory Board due to the resignation of Nicholas Bohn, whose term of expiration is December 31, 2019. Councilmembers interviewed applicants solicited in the fall of 2017, and in December, identified Ms. Reuter as an alternate if a vacancy arose during the year. 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. Energy Efficiency Portofolio Evaluation and Continuous Improvement (staff: John Phelan) B. Horsetooth Foothills Land Conservation Project (staff: Mark Sears)  COUNCILMEMBER REPORTS City of Fort Collins Page 6  CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (three minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 15. Consideration of an Appeal of the Landmark Preservation Commission Decision Regarding the Eligibility of the Spradley Barr Property, 2601 South College Avenue, to Qualify as a Landmark. (staff: Laurie Kadrich, Karen McWilliams; 10 minute staff presentation; 2 hour discussion) The purpose of this item is to consider an appeal of the Landmark Preservation Commission’s (LPC) de novo decision made on February 21, 2018, finding that the property at 2601 South College Avenue is eligible for individual landmark designation. This decision was consistent with the initial decision made by the Community Development and Neighborhood Services Director and the LPC Chair. On March 7, 2018, an appeal was filed challenging the LPC’s decision. Only parties-in-interest as defined in City Code Section 2-47 may participate in this hearing and the scope of the appeal is limited to those items identified as grounds for appeal in the Notice of Appeal.  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, Equal Pay Day is Tuesday, April 10, 2018; and WHEREAS, this date symbolizes how far into 2018 women must work, in addition to their 2016 earnings, to earn what their men colleagues earned in 2017; and WHEREAS, Equal Pay Day falls on a Tuesday, which represents how far into the work week, in addition to their earnings from the previous week, women must work to earn what men earned the previous week; and WHEREAS, the Equal Pay Act was signed in 1963; since then, the wage gap has narrowed less than half a cent per year. At this rate of change, it was estimated in 2015 that women won’t receive equal pay in Colorado until 2059; and WHEREAS, the wage gap today amounts to a loss in wages of at least $450,000 over a lifetime, and more disproportionately affects women of color, Latina women, and older women employees in the US; and WHEREAS, in Colorado currently, women make 81% of the wage their male counterparts make for the same position; and WHEREAS, organizations such as the Fort Collins branch of the American Association of University Women works to help close the wage gap, which directly contributes to healthier and more stable lives for women and families. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim Tuesday April 10, 2018 as EQUAL PAY DAY in the city of Fort Collins to draw attention to the current gaps in wages paid to women versus men. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 3rd day of April, A.D. 2018. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 7 PROCLAMATION WHEREAS, sexual assault affects women, children, and men of all racial, cultural, and economic backgrounds; and WHEREAS, in addition to the immediate physical and emotional costs, sexual assault may also have associated consequences of post-traumatic stress disorder, substance abuse, depression, homelessness, eating disorders, and suicide; and WHEREAS, sexual assault can be devastating for not only the survivor, but also for the family and friends of the survivor; and WHEREAS, the global “Me Too” movement is expanding the conversation on sexual assault and harassment is in all areas of society; and WHEREAS, no one person, organization, agency, or community can eliminate sexual assault on their own. We can work together to educate our entire population about what can be done to prevent sexual assault, support victim/survivors and their loved ones, and increase support for agencies providing services to victim/survivors; and WHEREAS, Sexual Assault Awareness Month provides an excellent opportunity for citizens to learn more about preventing sexual violence. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby declare the month of April 2018 as SEXUAL ASSAULT AWARENESS MONTH in the city of Fort Collins. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 3rd day of April, A.D. 2018. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 8 PROCLAMATION WHEREAS, Title VIII of the Civil Rights Act, which guarantees fair housing for all residents of the United States, was signed into law in April 1968; and WHEREAS, the month of April is nationally recognized as Fair Housing Month as a time to reflect on and reaffirm our national commitment to the ideal that fair housing opportunity is available to everyone in the United States without regard to race, color, religion, national origin, sex, familial status and disability; and WHEREAS, this year’s theme, Fifty Years of Opening Doors! celebrates the 50th anniversary of the Fair Housing Act, and reflects on our current efforts to foster sustainable, inclusive communities of opportunity for all; and WHEREAS, the State of Colorado passed its own Fair Housing Act in 1959, and provided additional fair housing protections for creed, ancestry, sexual orientation, and marital status; and WHEREAS, the City of Fort Collins City Code prohibits discriminatory housing practices; and WHEREAS, the City welcomes this opportunity to acknowledge our many community partners who are committed to addressing barriers to fair housing choice and educating all citizens concerning their rights regarding equal housing opportunity; and WHEREAS, this year, those partners are represented by the Partnership for Age Friendly Communities for their dedication to addressing the housing needs of the City’s growing senior population. NOW THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby decree that every person should live free from the fear of housing discrimination, and I declare April 2018 as FAIR HOUSING MONTH IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 3rd day of April, A.D. 2018. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 9 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY April 3, 2018 City Council STAFF Bob Adams, Recreation Director Cyril Vidergar, Legal SUBJECT Second Reading of Ordinance No. 042, 2018, Appropriating Unanticipated Revenue Received From the Estate of Marjorie J. McTaggart in the Recreation Fund to be Paid to the Fort Collins Senior Center Endowment Fund For Use to Benefit the Senior Center. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on March 20, 2018, appropriates unanticipated revenue in the amount of $38,581, received from the Estate of Marjorie J. McTaggart, for use by the Fort Collins Senior Center. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, March 20, 2018 (w/o attachments) (PDF) 2. Ordinance No. 042, 2018 (PDF) 1 Packet Pg. 10 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY March 20, 2018 City Council STAFF Bob Adams, Recreation Director Cyril Vidergar, Legal SUBJECT First Reading of Ordinance No. 042, 2018, Appropriating Unanticipated Revenue Received From the Estate of Marjorie J. McTaggart in the Recreation Fund to be Paid to the Fort Collins Senior Center Endowment Fund For Use to Benefit the Senior Center. EXECUTIVE SUMMARY The purpose of this item is to recognize receipt of and appropriate a gift from the Estate of Marjorie J. McTaggart for the Fort Collins Senior Center in the amount of $38,581.00. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Marjorie J. McTaggart, a long-time resident of Fort Collins and author, left several of her written works and a financial portion of her estate to the City of Fort Collins for the benefit of the Senior Center. The financial gift totaled $38,581 from the Estate’s residuary proceeds to be used for senior programs at the Senior Center. In 2016, Fort Collins Museum of Discovery archivists also inspected and preserved in the museum archives two donated copies of Ms. McTaggart’s written works: “Views from the Far Side of the Hill: Wit and Wisdom for the Senior Years” and “Blonde in a Brunette Country”. By adopting this Ordinance, the Council acknowledges and agrees to the conditions of Ms. McTaggart’s financial gift that the funds be appropriated and used for the Senior Center. Upon appropriation, the financial gift from the Estate paid to the Fort Collins Senior Center Endowment Fund, with the Community Foundation of Northern Colorado, and distributed pursuant to the terms of a Designated Endowment Agreement through the Recreation Fund for the benefit of the Senior Center. The City is deeply grateful to Ms. McTaggart for these very generous gifts and will use the proceeds wisely to benefit senior women’s programs at this venerable Fort Collins institution. CITY FINANCIAL IMPACTS The Ordinance appropriates $38,581 for the benefit of the Senior Center. ATTACHMENTS 1. Designated Endowment Agreement Between Fort Collins Senior Center Council and Community Foundation of Northern Colorado (PDF) COPY ATTACHMENT 1 1.1 Packet Pg. 11 Attachment: First Reading Agenda Item Summary, March 20, 2018 (w/o attachments) (6615 : SR 042 McTaggart Estate Gift Senior Center) -1- ORDINANCE NO. 042, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE RECEIVED FROM THE ESTATE OF MARJORIE J. MCTAGGART IN THE RECREATION FUND TO BE PAID TO THE FORT COLLINS SENIOR CENTER ENDOWMENT FUND FOR USE TO BENEFIT THE SENIOR CENTER WHEREAS, Marjorie J. McTaggart, a long-time resident of Fort Collins and author left a portion of her estate to the City of Fort Collins for the benefit of the Senior Center; and WHEREAS, Ms. McTaggart’s last will and testament provides that two volumes of her writings be donated to the City: “Views from the Far Side of the Hill: Wit and Wisdom for the Senior Years” and “Blonde in a Brunette Country”, and that $38,581 from her estate is to be donated for the exclusive use of senior programs at the Senior Center; and WHEREAS, the donated copies of Ms. McTaggart’s written works have been preserved in the City’s historic archives at the Fort Collins Museum of Discovery; and WHEREAS, in 1989, the private non-profit Fort Collins Senior Center Council established an endowment fund with the Community Foundation of Northern Colorado (the “Community Foundation”) to specifically benefit Senior Center programming and capital expenses (the “Senior Center Endowment Fund”); and WHEREAS, the Community Foundation holds the Senior Center Endowment Fund, and through an agreement with the Foundation, the Recreation Fund receives a perpetual source of interest income on which the Senior Center may draw to support programs at the facility; and WHEREAS, Recreation staff has deposited a prior will bequest to the Senior Center into the Senior Center Endowment Fund in order to leverage the combined assets of those donations into a perpetual stream of revenue exclusively for the Senior Center; and WHEREAS, funds deposited into the Senior Center Endowment Fund are considered assets of the Community Foundation unless the terms of a deposit provide otherwise and those conditions may include potential return of a gift principle if requested by City Council; and WHEREAS, City staff has recommended the $38,581 financial bequest from the McTaggart Estate be deposited in the Senior Center Endowment Fund administered by the Community Foundation to be drawn on to support Senior Center women’s programming; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, the Financial Officer has determined the appropriation of the revenue as described herein will not cause the total amount appropriated in the Recreation Fund to exceed 1.2 Packet Pg. 12 Attachment: Ordinance No. 042, 2018 (6615 : SR 042 McTaggart Estate Gift Senior Center) -2- the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, the City Council hereby finds that the appropriation in the amount of Ms. McTaggart’s financial bequest is necessary for the public’s health, safety and welfare and is in the best interests of the City and its residents, businesses, and public and private organizations. 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 acknowledges and agrees that Ms. McTaggart’s financial gift to the City under her will is a conditional gift requiring it be appropriated and used exclusively for the benefit of senior programs at the Senior Center. Section 3. That there is hereby appropriated for expenditure from unanticipated revenue in the Recreation Fund the sum of THIRTY-EIGHT THOUSAND FIVE HUNDRED EIGHTY-ONE DOLLARS ($38,581) to be paid to the Community Foundation for deposit in the Senior Center Endowment Fund held and administered by the Community Foundation, to be used for the exclusive benefit of the Senior Center located at 1200 Raintree in Fort Collins. Introduced, considered favorably on first reading, and ordered published this 20th day of March, A.D. 2018, and to be presented for final passage on the 3rd day of April, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of April, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 1.2 Packet Pg. 13 Attachment: Ordinance No. 042, 2018 (6615 : SR 042 McTaggart Estate Gift Senior Center) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY April 3, 2018 City Council STAFF Caleb Feaver, Civil Engineer I Chris Van Hall, Legal SUBJECT Second Reading of Ordinance No. 043, 2018, Appropriating Unanticipated Revenue into the Capital Project Fund for the North College Improvements Project - Canal to State Highway 1 and for Transfer from the Capital Project Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on March 20, 2018, appropriates unanticipated revenue in the amount of $156,144 into the Capital Project Fund for the North College Improvements Project- Canal to State Highway 1. Funds to be appropriated were collected as a payment-in-lieu of frontage improvement obligations from a recent development near the Project location. After this appropriation, the total appropriated funding for the Project will be approximately $2.35 million. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading of Agenda Item Summary, March 20, 2018 (w/o attachments) (PDF) 2. Ordinance No. 043, 2018 (PDF) 2 Packet Pg. 14 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY March 20, 2018 City Council STAFF Caleb Feaver, Civil Engineer I Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 043, 2018, Appropriating Unanticipated Revenue into the Capital Project Fund for the North College Improvements Project – Canal to State Highway 1 and for Transfer from the Capital Project Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program. EXECUTIVE SUMMARY The purpose of this item is to appropriate unanticipated revenue in the amount of $156,144 into the Capital Project Fund for the North College Improvements Project-Canal to State Highway 1. Funds to be appropriated were collected as a payment-in-lieu of frontage improvement obligations from a recent development near the Project location. After this appropriation, the total appropriated funding for the Project will be approximately $2.35 million. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION North College Avenue (US Highway 287) is a major thoroughfare for both the City of Fort Collins and the Colorado Department of Transportation (CDOT). In 2016, the City finished rehabilitating the North College corridor within the City limits through the addition of multi-modal, roadway, urban design, and utility improvements. CDOT is currently constructing improvements on US Highway 287 from State Highway 1 to the LaPorte Bypass. Following previous City improvements along the North College Corridor and CDOT’s current project, a gap in pedestrian and bicycle infrastructure will exist along both sides of US Highway 287 for approximately 1,000 feet. The area of missing infrastructure includes a crossing over the Larimer & Weld Canal. In 2012, the City was awarded federal Congestion Mitigation and Air Quality (CMAQ) funds by the North Front Range Metropolitan Planning Organization (NFRMPO) to initiate a project addressing the lack of pedestrian and bicycle facilities along US Highway 287 between the city limits and State Highway 1. In 2017, Larimer County was awarded federal Transportation Alternatives Program (TAP) funds which were transferred to the City for the construction of the Project. Additional funds from Transportation Capital Expansion Fees and developer contributions have also been appropriated to the project. Following this developer contribution appropriation, total project funding will be $2,351,970. Because the developer contributions are restricted in use to the geographic area of development, the funds are being appropriated to this Project. By appropriating these restricted funds, less restricted funds may become available for other uses should the Project be completed under budget. COPY ATTACHMENT 1 2.1 Packet Pg. 15 Attachment: First Reading of Agenda Item Summary, March 20, 2018 (w/o attachments) (6616 : SR 043 N. College Improvements) Agenda Item 7 Item # 7 Page 2 The Project is both inside the City limits and unincorporated Larimer County, and is located on US Highway 287 (a CDOT managed road). The City, County, and CDOT are coordinating to reconstruct the roadway, install two pedestrian bridges over the Larimer & Weld Canal and construct sidewalks from the Canal to Highway 1. The City’s project is in the final design phase and right-of-way acquisition phase. The City’s project will bid in the summer of 2018, and all construction work from the Larimer & Weld Canal to the Laporte bypass will be complete in late 2018. Because the total Project cost is over $250,000, 1% of the appropriated funds will be appropriated to APP in accordance with City Code. CITY FINANCIAL IMPACTS The following is a summary of the project funding: Prior Appropriated Funds Federal Funds (CMAQ and TAP Grants, and Local Matching Funds from City and Larimer County) $1,718,323 Transportation Capital Expansion Fee Funds $400,000 Developer Contributions $77,503 Funds to be Appropriated with this Action Developer Contributions $156,144 Total Current Project Budget $2,351,970 Transfer to Art in Public Places $1,561 PUBLIC OUTREACH City staff is maintaining a project website through the Engineering homepage as the first resource for public outreach. Staff has met with various stakeholders including the North Fort Collins Business Association, property and business owners, local residents, the Larimer & Weld Canal Company and Bicycle Fort Collins. Staff will continue to meet with stakeholders through property acquisition and construction. ATTACHMENTS 1. Project Location map (PDF) COPY ATTACHMENT 1 2.1 Packet Pg. 16 Attachment: First Reading of Agenda Item Summary, March 20, 2018 (w/o attachments) (6616 : SR 043 N. College Improvements) -1- ORDINANCE NO. 043, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE CAPITAL PROJECTS FUND FOR THE NORTH COLLEGE IMPROVEMENTS PROJECT - CANAL TO STATE HIGHWAY 1 PROJECT AND TRANSFERRING APPROPRIATIONS FROM THE CAPITAL PROJECT FUND TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, North College Avenue (US Highway 287) is a major thoroughfare for both the City of Fort Collins and the Colorado Department of Transportation (CDOT); and WHEREAS, in 2016, the City finished rehabilitating the North College corridor within the City limits through the addition of a multi-modal, roadway, urban design, and utility improvements; and WHEREAS, CDOT is currently constructing improvements on US Highway 287 from State Highway 1 to the LaPorte Bypass; and WHEREAS, following the previous City improvements along the North College Corridor and CDOT’s current project, a gap in pedestrian and bicycle infrastructure will exist along both sides of US Highway 287 for approximately 1,000 feet, including a missing crossing over the Larimer and Weld Canal; and WHEREAS, in 2012, the City was awarded federal Congestion Mitigation and Air Quality (CMAQ) funds by the North Front Range Metropolitan Planning Organization (NFRMPO) to initiate a project addressing the lack of pedestrian and bicycle facilities along US Highway 287 between the City limits and State Highway 1 (the “Project”); and WHEREAS, including funds from Larimer County pursuant to a federal Transportation Alternatives Program grant that were previously appropriated, additional funds from the City’s Transportation Capital Expansion Fees and the developer contributions that have previously been appropriated to the Project, the current Project budget is $2,195,826; and WHEREAS, an additional $156,143.63 in developer contributions, which contributions were collected as payment-in-lieu of frontage improvement obligations from a recent development near the Project location, is available for appropriation to the Project, bringing the Project budget to a new total of $2,351,969.63; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof 2.2 Packet Pg. 17 Attachment: Ordinance No. 043, 2018 (6616 : SR 043 N. College Improvements) -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 total estimated construction cost of 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; and WHEREAS, this appropriation benefits public health, safety, and welfare of the citizens of Fort Collins and serves the public purpose of enhancing roadways, pedestrian paths and other transportation related infrastructure; and WHEREAS, the Financial Officer has determined that the appropriations as described herein are available and previously unappropriated in the Transportation Capital Expansion Fee Fund and the Transportation Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from unanticipated revenue in the Capital Projects Fund the sum of ONE HUNDRED FIFTY-SIX THOUSAND ONE HUNDRED FORTY-FOUR DOLLARS ($156,144) for the North College Improvements Project - Canal to State Highway 1 Project and appropriated therein. Section 3. That the unexpended appropriated amount of ONE THOUSAND TWO HUNDRED EIGHTEEN DOLLARS ($1,218) in the Capital Projects Fund - North College Improvements Project - Canal to State Highway 1 Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for Art in Public Places projects. Section 4. That the unexpended appropriated amount of THREE HUNDRED FORTY- THREE DOLLARS ($343) in the Capital Projects Fund - North College Improvements Project - Canal to State Highway 1 Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations. 2.2 Packet Pg. 18 Attachment: Ordinance No. 043, 2018 (6616 : SR 043 N. College Improvements) -3- Introduced, considered favorably on first reading, and ordered published this 20th day of March, A.D. 2018, and to be presented for final passage on the 3rd day of April, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of April, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 19 Attachment: Ordinance No. 043, 2018 (6616 : SR 043 N. College Improvements) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY April 3, 2018 City Council STAFF Wendy Bricher, Financial Coordinator Susie Gordon, Environmental Program Manager Judy Schmidt, Legal SUBJECT Second Reading of Ordinance No. 044, 2018, Appropriating Prior Year Reserves in the General Fund for Waste Reduction and Diversion Projects Approved as Part of the Waste Innovation Program. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on Frist Reading on March 20, 2018, appropriates $111,000 accumulated during 2017 in the Waste Innovation Fund account into the City’s General Fund account to approve projects to develop new organizational processes that enable City departments to divert more waste material from landfill disposal. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, March 20, 2018 (w/o attachments) (PDF) 2. Ordinance No. 044, 2018 (PDF) 3 Packet Pg. 20 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY March 20, 2018 City Council STAFF Wendy Bricher, Financial Coordinator Susie Gordon, Environmental Program Manager Judy Schmidt, Legal SUBJECT First Reading of Ordinance No. 044, 2018, Appropriating Prior Year Reserves in the General Fund for Waste Reduction and Diversion Projects Approved as Part of the Waste Innovation Program. EXECUTIVE SUMMARY The purpose of this item is to move $111,000 accumulated during 2017 in the Waste Innovation Fund account into the City’s General Fund account for approved projects to develop new organizational processes that enable departments to divert more waste material from landfill disposal. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City Manager created a fund in 2010 to pay for new projects that improve the City’s organizational ability to divert waste generated by municipal activities from being disposed in the Larimer County landfill. Discarded material and trash that City crews self-haul to the landfill is charged only 35 cents per cubic yard by Larimer County Solid Waste Department, which is passed through in payment to the state for landfill regulatory management and monitoring programs. The balance of the regular “tipping fee” at the landfill ($6.05 per cubic yard) is placed in the City’s Waste Innovation Program (WIP) fund. WIP revenues are received from 15 City departments that self-haul various types of waste the landfill in truckloads. An interdepartmental group of employees participates in reviewing proposals that are received from departments. Members of this group are also “waste reduction champions” throughout the organization and communicate with crews about how to best apply Best Management Practices in City operations. During 2018, five applications have been received (requesting $38,406 in funding) for waste reduction/recycling projects, ranging from increasing waste receptors in parks to a research-based pilot project to repurpose alum “flocculent”, which is a by-product from the Water Treatment plant. During the remainder of the year, additional projects that are proposed will also be eligible for funding from the Waste Innovation Program. CITY FINANCIAL IMPACTS The appropriation will make $111,000 available for emerging City organization waste reduction projects. The 2018 expenditures include $38,406 to fund five projects that were submitted in Q1 for approval. Staff proposals that are submitted to the Waste Innovation Program during Q2-Q4 will continue to be competitively reviewed ATTACHMENT 1 COPY 3.1 Packet Pg. 21 Attachment: First Reading Agenda Item Summary, March 20, 2018 (w/o attachments) (6617 : SR 044 Waste Innovation Fund Annual Agenda Item 8 Item # 8 Page 2 and awarded, enabling new cost-savings measures to be put into practice by field crews throughout the organization. ATTACHMENT 1 COPY 3.1 Packet Pg. 22 Attachment: First Reading Agenda Item Summary, March 20, 2018 (w/o attachments) (6617 : SR 044 Waste Innovation Fund Annual -1- ORDINANCE NO. 044, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FOR WASTE REDUCTION AND DIVERSION PROJECTS APPROVED AS PART OF THE WASTE INNOVATION PROGRAM WHEREAS, in 2010, the City created the Waste Innovation Program (the “WIP”) fund where funds for the program are held in a reserve account in the General Fund; and WHEREAS, the funds are used to administer grants that allow City departments to initiate new waste diversion and recycling projects with special attention to departments that have larger quantities of waste that is self-hauled to the Larimer County Landfill; and WHEREAS, an interdepartmental group of employees reviews proposals for incorporating waste reduction, promoting recycling strategies, and awarding funds when requests are received from participating City departments; and WHEREAS, in 2018 to date five applications have been received (requesting $38,406 in funding) for waste reduction/recycling projects, ranging from increasing waste receptors in parks to a research-based pilot project to repurpose alum “flocculent”, which is a by-product from the Water Treatment plant; and WHEREAS, staff proposals that are submitted to the Waste Innovation Program during the remainder of 2018 will continue to be competitively reviewed and additional projects that are approved will be eligible for funding from the Waste Innovation Program; 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 Financial Officer has determined that the appropriations as described herein are available and previously unappropriated in the General Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from prior year reserves in the General Fund the sum ONE HUNDRED ELEVEN THOUSAND DOLLARS ($111,000) for waste reduction and diversion projects to be approved as part of the Waste Innovation Program. 3.2 Packet Pg. 23 Attachment: Ordinance No. 044, 2018 (6617 : SR 044 Waste Innovation Fund Annual Appropriation) -2- Introduced, considered favorably on first reading, and ordered published this 20th day of March, A.D. 2018, and to be presented for final passage on the 3rd day of April, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of April, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.2 Packet Pg. 24 Attachment: Ordinance No. 044, 2018 (6617 : SR 044 Waste Innovation Fund Annual Appropriation) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY April 3, 2018 City Council STAFF Delynn Coldiron, City Clerk Carrie M. Daggett, Legal SUBJECT Second Reading of Ordinance No. 045, 2018, Amending Chapter 7 of the City Code to Amend Requirements and Procedures for Elections. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on March 20, 2018, amends City Code relating to municipal elections. Changes include naming the City Clerk as the Designated Election Official, defining the terms “public announcement" and “registered agent”, and amending the time for candidates to file a financial disclosure statement when accepting nomination for office. Amendments are proposed for the registration and termination of committees and to allow for implementation of signature verification for the 2019 election. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, March 20, 2018 (w/o attachments) (PDF) 2. Ordinance No. 045, 2018 (PDF) 4 Packet Pg. 25 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY March 20, 2018 City Council STAFF Delynn Coldiron, City Clerk Carrie M. Daggett, Legal SUBJECT First Reading of Ordinance No. 045, 2018, Amending Chapter 7 of the City Code to Amend Requirements and Procedures for Elections. EXECUTIVE SUMMARY The purpose of this item is to clarify and improve various provisions in the City Code relating to municipal elections. Recommended changes include naming the City Clerk as the Designated Election Official, defining the terms “public announcement" and “registered agent”, and amending the time for candidates to file a financial disclosure statement when accepting nomination for office. Amendments are proposed for the registration and termination of committees and to allow for implementation of signature verification for the 2019 election. STAFF RECOMMENDATION Staff and the Council Election Code Committee recommend adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2015, Council formed an ad hoc committee to review, discuss and recommend changes to the City Code and Charter regarding elections and other related matters. In 2017, Council made the ad hoc committee a standing committee of the Council for the purpose of identifying and evaluating ideas for improvements to City election laws and practices and anticipating adjustments that may be needed to adapt to a rapidly changing legal and technological environment. Councilmembers Cunniff, Overbeck, and Stephens have continuously served in this capacity since 2015. Since the original formation of the ad hoc Committee, Council has considered and adopted two Ordinances amending various provisions of Chapter 7. This Ordinance represents a continuation of the work to make improvements. Most of the amendments contained in this Ordinance are considered to be noncontroversial, and enacting them at this time will be advantageous as preparations begin later this year for the 2019 City Election. Other items are under consideration by the Committee, and recommendations on those items will be brought forward at a later date. A summary of the proposed amendments, in the order they appear in the ordinance follows: City Clerk as Designated Election Official Any time the City calls a special election to be coordinated with Larimer County, the governing body is required by State statute to appoint a Designated Election Official (DEO) for the City. The intergovernmental agreement with the County for the conduct of the election, then delineates the responsibilities of the DEO. Codification of this designation (as a duty of the City Clerk), and the ability for the Clerk to designate another employee within the department to serve in that capacity, will eliminate the need for the Council to make the designation on a case-by-case basis. ATTACHMENT 1 4.1 Packet Pg. 26 Attachment: First Reading Agenda Item Summary, March 20, 2018 (w/o attachments) (6632 : SR 045 Election Code Changes) Agenda Item 12 Item # 12 Page 2 Definition of “Public Announcement” Chapter 7 of the City Code defines “candidate” to mean “any person who seeks nomination or election to the office of Mayor or Councilmember at any City election. A person is a candidate if the person has publicly announced an intention to seek such election or has filed nominating petitions for the office of Mayor or Councilmember. Candidate shall also mean any elected official who is the subject of recall proceedings pursuant to Article IX of the Charter.” [emphasis added] Another provision in Chapter 7 requires, when an individual becomes a candidate, that the individual file an affidavit (commonly called a “Candidate Affidavit”) with the City Clerk within 10 days. Failure to do so may result in the disqualification of the individual as a candidate. Because of the explosion of methods to make an announcement (think social media, among other things), it seems timely to offer clarification of what constitutes a public announcement. Definition of “Registered Agent” Provisions in Chapter 7 relating the registration of committees require that the registration include a person authorized to act as a registered agent for the committee. A definition of “registered agent” is suggested to make clear the responsibilities of that person. Financial Disclosure Statement Filing Requirement The City Code currently requires a candidate to file a financial disclosure statement within 10 days of accepting nomination for office. In 2017, a candidate nearly missed that filing deadline. Since a candidate generally knows well in advance of filing a nomination and acceptance of nomination that a financial disclosure statement will be needed, staff and the Election Code Committee (ECC) recommend simplifying the number of filing dates to remember and requiring that the financial disclosure statement be due at the same time as filing acceptance of nomination. Registration and Termination of Committees The first set of proposed amendments to Section 7-134 of the City Code expands the information required when completing a committee registration form. The proposed changes improve transparency and provide additional information that would be helpful in the event that a complaint against a committee bears investigation. These amendments have also been applied to small-scale issue committees. Currently, candidate committees, issue committees, and political committees can register whenever they want, and without designating the date of election for which they intend to be active. Committees can also remain open indefinitely, but are required to file campaign finance reports at certain times. This is generally not a problem with candidate committees, except when a committee fails to file post-election reports (typically for an unsuccessful candidate). The greater problem lies with issue committee and political committees that register, but then never file anything after that. This often occurs when an issue committee forms in anticipation of a citizen-initiative that never proceeds to the ballot, or a political committee formed for a very broad purpose that does not appear to be actively doing anything. The latter two issues have been the subject of multiple election complaints filed within the past year. The second set of proposed amendments to this section will:  Provides a more defined process for terminating a committee that has not engaged in any election activities or reported any contributions accepted or expenditures made;  Provides for the termination and disposition of any remaining funds on hand no later than 60 days after the election. 4.1 Packet Pg. 27 Attachment: First Reading Agenda Item Summary, March 20, 2018 (w/o attachments) (6632 : SR 045 Election Code Changes) Agenda Item 12 Item # 12 Page 3 Filing of Reports and Electronic Filings Section 7-136(c) is amended to make the report filing dates more readable, and to add additional reports on the 35th day prior to the election, and 60 days after the election (to coincide with the requirement to terminate a committee). The report due 35 days prior to the election is intended to provide additional transparency earlier in the election cycle. These reports will apply to all types of committees, including candidate committees. An additional proposed amendment is intended to clarify that the campaign finance report, due at noon on the Friday before the election, must be filed at that time regardless of the method of filing. A new subparagraph has been added to Section 7-136 that automatically terminates any political committee or issue committee formed prior to July 1, 2017 and requires those committees to abide by the limitations on the disbursement of funds set forth in Section 7-138 of the Code. Signature Verification The last two sections of the Ordinance provide amendments intended to implement full signature verification. At the November 2017 election, voters approved an amendment to the canvass date and final certification of the election. That amendment, which pushed out the certification date to no later than the 10th day after the election, was needed to provide voters with deficient or discrepant signatures up to 8 days to resolve a deficiency or discrepancy. CITY FINANCIAL IMPACTS Generally, there are no financial impacts related to these amendments. However, amendments relating to the termination of campaign committees may result in a reduction in staff time managing and investigating complaints. BOARD / COMMISSION RECOMMENDATION These changes were not reviewed with any standing boards and commissions. The Council's Election Code Committee reviewed these proposed amendments and recommends adoption. PUBLIC OUTREACH Meetings of the Election Code Committee, where these amendments were discussed, are open to the public. ATTACHMENTS 1. Election Code Committee minutes, October 5, 2017 (PDF) 2. Election Code Committee minutes, July 20, 2017 (PDF) 3. Powerpoint presentation (PDF) 4.1 Packet Pg. 28 Attachment: First Reading Agenda Item Summary, March 20, 2018 (w/o attachments) (6632 : SR 045 Election Code Changes) -1- ORDINANCE NO. 045, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 7 OF THE CODE OF THE CITY OF FORT COLLINS TO AMEND REQUIREMENTS AND PROCEDURES FOR CITY ELECTIONS WHEREAS, Chapter 7 of the City Code sets out procedures and requirements for redistricting of Council districts, for the conduct City elections, for disclosure of campaign finance information, and other related matters; and WHEREAS, in 2015 the City Council formed an ad hoc committee, including Councilmembers Cunniff, Overbeck and Stephens, to review, discuss and recommend the most beneficial changes to the Code and City Charter regarding elections and other related matters; and WHEREAS, in January 2017, Council made the ad hoc Committee a standing committee of the Council for the purpose of identifying and evaluating ideas for improvements to City election laws and practices and anticipating adjustments that may be needed to adapt to a changing legal and technological environment, for Council consideration; and WHEREAS, as a result of the Committee’s work (as both an ad hoc committee and a standing committee), Ordinance No. 021, 2016, and Ordinance No. 005, 2017 were considered and adopted by the Council to update various provisions of Chapter 7; and WHEREAS, the Committee continued to meet in 2017 and has recommended additional clarifications and amendments to Chapter 7; and WHEREAS, staff has also identified potentially confusing Code language regarding the deadlines for submission of filings, and has proposed a clarification to Code Section 7-136, as noted in Section 6 of this Ordinance; and WHEREAS, the Committee has recommended that the Council amend the registration provisions for candidate committees, issues committees and political committees, and the termination provisions for issues committees and political committees, to improve the effectiveness of related administration and enforcement; and WHEREAS, the Committee has recommended that an additional, earlier, reporting date be added to the campaign finance disclosure requirements for all committees; and WHEREAS, in light of these new provisions, staff and the Committee have recommended that obsolete committees formed prior to April 2017 be deemed terminated as set forth below; and WHEREAS, staff and the Committee have also recommended updates to provide for signature verification in follow up to a recent Charter amendment; and WHEREAS, these amendments generally improve and clarify the City’s campaign finance disclosure and election requirements and processes; and 4.2 Packet Pg. 29 Attachment: Ordinance No. 045, 2018 (6632 : SR 045 Election Code Changes) -2- WHEREAS, the Council desires to enact the recommendations of the Committee and staff in order to clarify and improve the various provisions of Chapter 7, as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 7-20 of the Code of the City of Fort Collins is hereby amended to add a new subsection (10), to read as follows: Sec. 7-20. Duties of city clerk. The City Clerk shall: (1) Provide forms and instructions to assist candidates and the public in complying with the reporting requirements of Article V; (2) Keep a copy of any report or statement required to be filed by Article V for a period of one (1) year from the date of filing. In the case of candidates who were elected, those candidate's reports and filings shall be kept for one (1) year after the candidate leaves office; (3) Make reports and statements filed under Article V available on the City's website no later than the next business day; (4) Report complaints received regarding alleged violations of Article V to the City Manager. (5) Prescribe the form of materials to be used in the conduct of mail ballot elections consistent with the provisions contained in Article VIII; (6) Establish procedures for conducting mail ballot elections consistent with the provisions contained in Article VIII, including efforts to inform uniformed and overseas voters of the upcoming election; (7) Supervise the conduct of mail ballot elections; (8) Employ temporary election workers as needed; (9) Take all necessary steps to protect the confidentiality of voted ballots and the integrity of the election; and 4.2 Packet Pg. 30 Attachment: Ordinance No. 045, 2018 (6632 : SR 045 Election Code Changes) -3- (10) Serve as, or designate a qualified employee of the City Clerk to serve as, the City’s Designated Election Official, as defined in Section 1-1-104(8), C.R.S., for any election coordinated with Larimer County pursuant to Section 1-7-116, C.R.S. Section 3. That Section 7-132 of the Code of the City of Fort Collins is hereby amended to add a definition of the term “public announcement,” to read as follows: Sec. 7-132. Definitions. . . . Public announcement shall mean: (1) Registration of a candidate committee; or (2) A statement made by the candidate signifying an interest in, or exploring the possibility of, seeking the office by means of a speech, advertisement or other communication reported or appearing in public media or in any place accessible to the public, including social media, that a reasonable person would expect to become public. . . . Section 4. That Section 7-132 of the Code of the City of Fort Collins is hereby amended to add a definition of the term “registered agent,” to read as follows: Sec. 7-132. Definitions. . . . Registered agent shall mean a natural person designated by or representing a committee and responsible to receive mailings, respond to inquiries regarding the committee, to receive complaints related to the committee, and timely filing campaign finance reports and other filings required pursuant to this Chapter. . . . Section 5. That Section 7-133 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-133. Candidate affidavit; disclosure statement; failure to file. (a) When any individual becomes a candidate, such individual shall certify, by affidavit filed with the City Clerk within ten (10) days, that the candidate is familiar with the provisions of this Article. (b) Each candidate shall file a financial disclosure statement pursuant to § 2-636 with the City Clerk at the same time as filing an acceptance of nomination. 4.2 Packet Pg. 31 Attachment: Ordinance No. 045, 2018 (6632 : SR 045 Election Code Changes) -4- (c) Failure of any person to file the affidavit or disclosure statement required under this Section shall result in the disqualification of such person as a candidate for the office being sought. (d) The requirements of this Section shall not apply to any elected official who is the subject of recall proceedings. Section 6. That Section 7-134 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-134. Registration of committees; termination. (a) All candidate committees, political committees and issue committees shall register with the City Clerk before accepting or making any contributions. Registration must be on a form provided by the City Clerk and must include the following, together with any other information required to complete the registration form: (1) The committee's full name, spelling out any acronyms used therein; (2) The name of a natural person authorized to act as a registered agent for the committee; (3) A current street address, mailing address (if different from the street address), telephone number and email address for the principal place of business of the committee; (4) A current mailing address, telephone number and email address for the registered agent; (5) The purpose or nature of interest of the committee.; (6) The date of the election regarding which the committee intends to be active; (7) The name and address of the financial institution in which all contributions received by the committee are deposited in a separate account bearing the name of the committee, and documentation of such account reasonably satisfactory to the City Clerk; and (8) An acknowledgement and certification signed by the registered agent and, for any candidate committee, the candidate. (b) A registered committee must promptly provide updated address, telephone and email information to the City Clerk upon the change of such information for the committee or the registered agent of the committee, or any change in financial institution or account. 4.2 Packet Pg. 32 Attachment: Ordinance No. 045, 2018 (6632 : SR 045 Election Code Changes) -5- (c) Any candidate committee, political committee, or issue committee that has registered with the City Clerk, but has not engaged in any election activities or reported any contributions accepted or expenditures made, may terminate at any time by filing an amended committee registration indicating the nature of the amendment is termination of the committee and verifying that no contributions have been received or expenditures made since registration occurred pursuant to § 7-134. Alternatively, the committee shall file a campaign report indicating no contributions have been received or expenditures made, and indicating it is a termination report. (d) Any political committee or issue committee that has not taken the necessary steps to terminate pursuant to Subsection (c) above must have properly disposed of all funds and must file a termination report no later than sixty (60) days after the election. Section 7. That Section 7-136(c) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-136. - Disclosure; filing of reports. . . . (c) Reports shall be filed with the City Clerk as follows: (1) All committees must file reports on the following dates: a. the thirty-fifth (35 th ) day before the election; b. the twenty-first (21 st ) day before the election; c. the fourteenth (14 th ) day before the election; d. no later than noon on the Friday before the election; e. the thirtieth (30 th ) days after the election; and f. the sixtieth (60 th ) day after the election. (2) Candidate committees that continue in operation must file a report annually on the first day of the month in which the anniversary of the election occurs until such time as a termination report is filed. (3) If the reporting day falls on a weekend or legal holiday, the report shall be filed by the close of the next business day. Section 8. That Section 7-136(f) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-136. - Disclosure; filing of reports. . . . 4.2 Packet Pg. 33 Attachment: Ordinance No. 045, 2018 (6632 : SR 045 Election Code Changes) -6- (f) A report required to be filed by this Section is timely if the paper report is received by the City Clerk not later than the close of business on the date due or if the report is filed electronically not later than midnight Mountain Standard Time on the date due. Notwithstanding the foregoing, the report that is due by noon on the Friday before the election must be filed by noon regardless of the manner of filing. . . . Section 9. That Section 7-136(i)(2) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-136. - Disclosure; filing of reports. . . . (i) Except as specified in this Subparagraph (i), the disclosure requirements specified in this Article shall not apply to a small-scale issue committee. Any small-scale issue committee shall disclose or file reports about the contributions or expenditures it has made or received or otherwise register as an issue committee in connection with accepting or making such contributions or expenditures in accordance with the following alternative requirements: . . . (2) Any small-scale issue committee that accepts or makes contributions or expenditures in an aggregate amount during any applicable election cycle of between two hundred dollars ($200.) and five thousand dollars ($5,000.) shall register with the City Clerk within ten (10) business days of the date on which the aggregate amount of contributions or expenditures exceeds two hundred dollars ($200.). The registration required by this subparagraph must be on a form provided by the City Clerk and must include the following, together with any other information required to complete the registration form: a. The committee's full name, spelling out any acronyms used in the name; b. The name of a natural person authorized to act as a registered agent of the committee; c. A current street address, mailing address (if different from the street address), telephone number and email address for the principal place of business of the committee; d. A current mailing address, telephone number and email address for the registered agent; e. The purpose or nature of interest of the committee; f. The date of the election regarding which the committee intends to be active; 4.2 Packet Pg. 34 Attachment: Ordinance No. 045, 2018 (6632 : SR 045 Election Code Changes) -7- g. The name and address of the financial institution in which all contributions received by the committee are deposited in a separate account bearing the name of the committee, and documentation of such account reasonably satisfactory to the City Clerk.; and h. An acknowledgement and certification signed by the registered agent and, from any candidate committee, the candidate. Section 10. That Section 7-136(i) of the Code of the City of Fort Collins is hereby amended to add a new subparagraph (3), to read as follows: (3) A registered small-scale issue committee must promptly provide updated address, telephone and email information to the City Clerk upon the change of such information for the committee or the registered agent of the committee, or any change in financial institution or account. Section 11. That Section 7-136 of the Code of the City of Fort Collins is hereby amended to add a new subsection (m) to read as follows: Sec. 7-136. - Disclosure; filing of reports. . . . (m) Any political committee or issue committee formed prior to July 1, 2017, will be deemed to have been formed for an election held prior to said date, and shall be deemed terminated and shall cease to operate as a committee as of April 13, 2018, except that any such terminated committee and persons responsible for the operation of such committee shall continue to be subject to the limitations on disbursement of funds set forth in § 7- 138. Section 12. That Section 7-190 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-190. Voting and return of ballots. (a) Upon receipt of a ballot, the eligible elector shall mark the ballot, sign and complete the return envelope and comply with the instructions provided with the ballot. (b) The eligible elector may return the marked ballot to the City Clerk by United States mail or by depositing the ballot at the office of the City Clerk or any place designated by the City Clerk. The ballot must be returned in the return envelope. If an eligible elector returns the ballot by mail, the elector may provide the necessary postage or, if not so paid by the elector, the cost of return postage shall be paid by the City. In order to be counted, the ballot must be received at the office of the City Clerk or a designated depository prior to 7:00 p.m. on election day. 4.2 Packet Pg. 35 Attachment: Ordinance No. 045, 2018 (6632 : SR 045 Election Code Changes) -8- (c) Ballots received by the City Clerk after 7:00 p.m. on election day shall not be counted, except as provided in § 7-191 and § 7-192, but shall be preserved in accordance with § 7-195. Section 13. That Section 7-191 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-191. Receipt and qualification of ballots; signature verification. (a) All ballots, including undeliverable ballots, shall be marked to indicate the date the ballot was received by the City Clerk. (b) Upon receipt of a voted ballot in an election conducted prior to April 2019, an election worker shall first qualify the submitted ballot based on a visual inspection of the self-affirmation signature on the return envelope compared to the name of the elector printed on the envelope to determine whether the ballot was submitted by said elector. Comparison of the signature on the return envelope to any signature image, including those signature images in the statewide voter registration system, is not required. If the ballot so qualifies and is otherwise valid, the election judge shall indicate in the poll book that the eligible elector cast a ballot, and shall prepare the ballot for counting in accordance with § 7-193 below. (c) Beginning with the April 2019 regular municipal election, election workers shall compare the elector’s self-affirmation signature on the return envelope with the elector’s digitized signature(s) in the statewide voter registration system in accordance with the provisions of Section 31-10-910.3, C.R.S. (d) If an election worker is unable to qualify the ballot as set forth in Subsection (b) or (c) above, the ballot shall be rejected and the reason for rejection shall be indicated in the poll book. Rejected ballots shall remain unopened and shall be securely stored separate from qualified ballots unless such ballots are corrected as provided in § 7-192 below. (e) If an election worker determines that an eligible elector to whom a replacement ballot has been issued has voted more than once, the City Clerk shall count the first ballot received from the elector and shall reject all subsequent ballots received from that elector. Section 14. That Section 7-192 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-192. Rejected ballots. (a) Beginning with the April 2019 municipal election, the City Clerk shall follow the procedures set forth in Section 31-10-910.3, C.R.S., for deficient and discrepant signatures on return envelopes. 4.2 Packet Pg. 36 Attachment: Ordinance No. 045, 2018 (6632 : SR 045 Election Code Changes) -9- (b) No elector shall be allowed to correct a deficiency or discrepancy without first producing valid proof of identification. No elector shall be allowed to open, change, or alter his or her ballot while in the process of correcting the deficiency or discrepancy. Introduced, considered favorably on first reading, and ordered published this 20th day of March, A.D. 2018, and to be presented for final passage on the 3rd day of April, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of April, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.2 Packet Pg. 37 Attachment: Ordinance No. 045, 2018 (6632 : SR 045 Election Code Changes) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY April 3, 2018 City Council STAFF Lawrence Pollack, Budget Director John Duval, Legal SUBJECT First Reading of Ordinance No. 046, 2018, Reappropriating Funds Previously Appropriated in 2017 But Not Expended and Not Encumbered in 2017. EXECUTIVE SUMMARY The purpose of this item is to reappropriate monies in 2018 that were previously authorized by City Council for various expenditures in 2017. The authorized expenditures were not spent or could not be encumbered in 2017 because: • there was not sufficient time to complete bidding in 2017 and therefore, there was no known vendor or binding contract as required to expend or encumber the monies, • the project for which the dollars were originally appropriated by Council could not be completed during 2017 and reappropriation of those dollars is necessary for completion of the project in 2018, or • the funds appropriated in 2017 for certain ongoing programs, services, and facility improvements remained unspent at the end of 2017 for the various reasons discussed below, but continue to be needed in 2018 for these programs, services and facility improvements. In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund balances at the end of 2017 and reflect no change in Council policies. Monies reappropriated for each City fund by this Ordinance are as follows: % of 2017 Reappropriation Amended Fund 2017 Budget Amount Budget General Fund $152,572,022 $997,185 0.65% Keep Fort Collins Great Fund 31,501,849 297,033 0.94% Light and Power Fund 140,958,058 100,000 0.07% Data and Communications Fund 11,175,948 62,271 0.56% TOTAL $336,207,877 $1,456,489 0.43% STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Executive Team has reviewed the reappropriation requests to ensure alignment with organization priorities and the Budget staff reviewed the requests to verify that all met qualification requirements. 5 Packet Pg. 38 Agenda Item 5 Item # 5 Page 2 GENERAL FUND Community Development & Neighborhood Services 1. Lincoln Corridor Plan Neighborhood Art Projects - $177,707 Purpose for funds: These funds originally provided for the design and construction of a total of ten neighborhood infrastructure projects identified in the Lincoln Corridor Plan, mostly located within the Northside Neighborhoods (Buckingham, Andersonville, San Cristo/Via Lopez, and Alta Vista). Staff coordinated the design and implementation of the projects with a Neighborhood Advisory Committee comprised of neighborhood residents. Seven of the ten projects have been completed. The Streets Facility park has funding through a non-lapsing account and is being managed by Parks Planning. The remaining projects are related to neighborhood artwork. The completed community mural, on the Buckingham Park transformer cabinet was successful in bringing together residents from the northside neighborhoods and sharing historical perspective. The mural was an example of how time and thoughtful art can bring people together. This reappropriation will fund the remaining neighborhood art projects: neighborhood light poles, wayfinding signage, and sugar beet inspired playground equipment art piece. Reason funds not expensed in 2017: Art projects are a multi-year effort, including public outreach, historical research, design, and construction of projects on varying timelines. At the direction of Council and executive leadership, staff worked extensively with a citizen Neighborhood Advisory Committee to ensure the projects meet the diverse needs and desires of the neighborhoods involved. For the remaining projects, this coordination, context sensitive design, and development of a public art approach takes time and care. Cultural Services will be taking the lead on the art projects and have partnered with artist Mario Miguel Echevarria to complete the remaining work. 2. Neighborhood Improvement & Community Building (Vibrant) Grant Fund - $133,784 Purpose for funds: This funding was created to encourage and foster participation in the Neighborhood Connections program between the City and residents. It is intended to provide neighborhood groups with City resources for community-driven projects that enhance and strengthen their own neighborhoods. All projects are initiated, planned, and implemented by community members in partnership with the City. It supports reinvestment in older neighborhoods to stabilize them, to initiate restoration processes and to leverage funding when capital improvement or other work is already occurring. An integral component of this offer is a request for matching funds, labor or materials from applicants (encouraging donations and fundraising). Reason funds not expensed in 2017: Projects are subjected to a thorough vetting process, and final selection of projects was not accomplished until much later in 2017 than was previously expected (due to staffing changes with Neighborhood Services). Once the projects were selected, contracts were developed with the assistance of the City Attorneys. At this time, 100% of the original 2017 budgeted funds have been earmarked for neighborhood projects, but are still in contractual development with our City attorneys. Municipal Court 3. Court-Appointed Defense Counsel Funding Request- $19,060 Purpose for funds: In 2017, as required by state law, Chief Judge Lane ordered that court-appointed defense counsel be assigned to represent certain defendants on traffic and non-traffic misdemeanor cases. Defense counsel was appointed on over 400 cases in 2017. The fee paid for by the City for such representation is billed at the rate of $75.00/hour up to a maximum of $1,675.00 per case if the case does not go to trial or $2,480.00 if the case goes to trial. We are requesting that a portion of the remaining funds from our 2017 budget be reappropriated into that account for 2018 to pay those bills. Reason funds not expensed in 2017: Due to the complexity of and circumstances related to these cases, the Court has 17 outstanding appointments that started in 2017 and have not yet reached final dispositions. Therefore, the assigned defense attorneys have not yet presented the Court with bills and won't until the cases 5 Packet Pg. 39 Agenda Item 5 Item # 5 Page 3 have been concluded. Several other appointments made on 2017 cases reached final disposition in early 2018. The Court was billed for those services in February of 2018. Natural Areas 4. Instream Flow consulting services- $18,698 Purpose for funds: The purpose of this offer is to fund water engineering consultant to work on instream flow related matters. Funds were used to evaluate existing agriculture diversion structures that result in "dry-up" locations on the Cache la Poudre River and also create movement barriers for aquatic species. Further, these diversions represent locations that need to bypass and measure water placed instream for environmental benefit. Funds have been used to participate in the reconstruction of the Fossil Creek Reservoir Inlet Ditch to create a fish passageway and to allow for environmental water to be bypassed and measured at the diversion. Funds were also used to evaluate and design fish and water passage at the Timnath Reservoir Inlet and to support the instream flow augmentation planning process. Reason funds not expensed in 2017: The design of the Timnath Inlet is being finalized and permits needed to complete this construction project are in review. Funds remaining will be placed towards construction of the improvements. The City has received a grant from the Colorado Water Conservation Board for $100,000 and construction costs are estimated at $371,000. Natural Areas will contribute a portion of the construction costs and will continue to seek outside funding for the project. The project is anticipated to be constructed in the fall of 2018 if funding is secured. Police Services 5. Police Regional Training Facility- $381,783 Purpose for funds: These funds are budgeted to help pay for the design costs for the new Police Regional Training Facility. This request will also move these funds to a non-lapsing business unit since the project funds were loaded incorrectly into a lapsing business unit. Reason funds not expensed in 2017: The funds requested for reappropriation are to continue the Police Regional Training Facility project. The original appropriation was a portion of the total project costs to cover the Design phase of the project. The first phase of the project has come in under budget and so the request is to reappropriation these funds back into the project budget as a whole while not changing the total project budget. Currently the design team is working on the site layout for the new training facility site to include a 50-yard pistol range, a 1.4 mile driving track along with classrooms. The decision was made to allow the design firm to identify which footprint would work best in the general area previously designated, with the condition that the footprint will not exceed 44.608 acres. The design team should have a series of conceptual drawings by next week to review and agree upon final footprint. Once the footprint is designated, an amendment to the FAA will be submitted. The scope has been affected by rising costs since 2015, however the budget will still provide for a facility which meets the initial needs of both cities. Construction is still anticipated to begin in early 2019 and be completed by November/December 2019. Social Sustainability 6. Affordable Housing and HBA Programs- $37,508 (plus an additional $5,240 in KFCG totals $42,748 for request) Purpose for funds: The Affordable Housing Funds (AHF) are allocated annually through the competitive process to support critical affordable housing needs in the City of Fort Collins. All funds were awarded to housing programs or projects to further the goals identified in the City’s Affordable Housing Strategic Plan. 5 Packet Pg. 40 Agenda Item 5 Item # 5 Page 4 The Human Service Program Funds (HSP) and KFCG Enhancement for Human Services are allocated annually to local non-profit and human service agencies to meet the goals identified in the Social Sustainability Strategic Plan. Reason funds not expensed in 2017: The $34,611 AHF balance represents funds that have been committed to Habitat for Humanity, but not yet contracted. These are matching funds for federal grants requirements of the CDBG/HOME program. Under federal guidelines, this project cannot be contracted until the federal requirements have been met. Housing projects often span multiple years and are not contracted in the year they receive the initial allocation. For the HSP amount of $8,137: As of November 2017, three of the nonprofits had not completely spent their grant awards during the prior 12-month grant period, thus leaving $8,137 in combined unspent funds. It is very rare that the nonprofit partners do not spend all of their grant dollars. The three nonprofits that contributed to the $8,137 all provided letters to the CDBG Commission explaining why their grant dollars were partially unspent. This reallocation request will move the $8,137 into the current competitive grant evaluation process and the CDBG Commission will be able to grant those reallocated dollars to nonprofit programs for the October 2018-September 2019 grant cycle. The CDBG Commission is meeting on April 12 to make their funding recommendations. 7. Child Care Project- $48,800 Purpose for funds: Childcare was identified in the top three issues for community workforce in the Talent 2.0 study. Working families in Fort Collins have endured stagnant wages, despite significant economy-wide income growth. Coupled with decreased access to affordable housing, the high cost of child care-which for an infant and toddler can equal the median rent/mortgage-contributes to the difficulty, often impossibility, of attaining a modest, yet adequate standard of living at all. Throughout the Fort Collins economy, women and others charged with care-taking roles face a decision to drop out of the workforce and enter into full-time family caregiving, a trend that exacerbates issues of stagnant household income and regional labor market shortages. Key needs include: • High cost of quality childcare throughout the city/region for all Fort Collins residents (high cost childcare is often equal to or above the median Fort Collins rent/mortgage) • Especially high cost of infant care due to insufficient supply • Little to no access to childcare for vulnerable populations, including teen mothers and low-income populations • Insufficient supply of certified childcare workers, fueled by low wages and high certification costs A collaborative process with community partners identifying opportunities for this funding (expanding and increasing services, space, capacity and affordability of childcare in the Fort Collins community) began in 2017, and two potential options for spaces to expand childcare services in city-owned buildings emerged. Reason funds not expensed in 2017: Staff was not able to finalize effective uses of the funding in 2017; although a collaborative group came together at the end of 2017 to identify potential uses of the funds. Two potential options for spaces to expand childcare services in city-owned buildings emerged in 2017. Conversations and project options are gathering momentum in early 2018. Anticipated use of funds in Q3-Q4 2018. 8. Horsetooth Waivers - $179,845 Purpose for funds: Affordable Housing fee waivers are available for developments serving specified populations at Council's discretion. Council has acted by Ordinance #142 2017 to grant a fee waiver for Housing Catalyst's Village on Horsetooth community. Reason funds not expensed in 2017: Because some of the waivable fees for the Village on Horsetooth were paid prior to the granting of the waiver, a determination of the best way to issue a refund or to provide a credit to offset fees still owed is underway. Additional time is needed to make sure the amounts waived are properly accounted for and settlement terms determined. 5 Packet Pg. 41 Agenda Item 5 Item # 5 Page 5 KEEP FORT COLLINS GREAT FUND Community Development & Neighborhood Services 9. Historic Preservation Survey Grant Funds- $15,000 Purpose for funds: As part of the Community Development Neighborhood Services Ongoing offer, the purpose of these funds is to provide the required match for grant requests from the State Historic Fund and Certified Local Government (CLG) grants for historic preservation survey. Ongoing survey is a requirement to retain federal certification as a CLG. Reason funds not expensed in 2017: Grant matching funds are used principally for State Historic Fund and Certified Local Government (CLG) grants. Because of the lengthy lag in time between submission of a grant application and final contracting with the State when the funds are encumbered, monies allocated in one year will nearly always need to be re-appropriated in the following year. Meeting CLG requirements and Council's direction for increased survey of historic properties, these funds are allocated to a State Historic Fund grant for a survey of Midtown properties. Economic Health 10. Workforce Planning- $17,975 Purpose for funds: Talent 2.0 is a talent and workforce initiative that is an essential part to a healthy economy. Several partners provide services in this area; however, several gaps remain. In late 2016/early 2017, the regional partners got together to identify gaps and opportunities, which is known as Talent 2.0. Talent 2.0 is an action plan. Reason funds not expensed in 2017: After completion of the Talent 2.0 work, a group of regional partners including: Chamber of Commerce (Loveland and Fort Collins), Larimer County, City of Loveland and Fort Collins, Northern Colorado Economic Alliance and the United Way of Larimer County formalized a regional working group. Talent 2.0 identified over 30 projects that could be tackled by the regional group. 2017 was spent working on the report, report roll out and prioritizing the 2018 projects. The working group has identified and prioritized eight projects. Funds will be spent on website development for "Your Place: Northern Colorado," the talent portal that will be a one-stop shop for resources, ambassador program, trailing spouse connections and recruitment services. Environmental Services 11. Climate Action Plan (CAP) IFCC Funding- $153,000 Purpose for funds: The Innovation and Pilot Projects Fund is intended to foster innovative and relevant approaches to the goals outlined in the City's Climate Action Plan (CAP) 2020 goals. Continued progress to achieve the CAP goals is considered a City Council Priority. The primary objective of this project fund is to engage the world class expertise and passion that exists in Fort Collins, as well as leveraging private sector investment to achieve the CAP goals. The fund is intended to provide seed money to local, externally managed, and independent projects based on key impact areas to reduce greenhouse gas emissions that are scalable within the community and beyond. In 2017, the Innovate Fort Collins Challenge was the first round of competition to support the use of these funds. Five groups were awarded $265,000 in funds and focused on energy, waste materials and transportation projects. Reason funds not expensed in 2017: The request for these funds was initially proposed to have a smaller portion in 2017 and larger amount for use in 2018. Because this was a newly developed competitive process, staff wanted to ensure a well vetted process was in place over the two years. The first competition round in 2017 awarded $265,000 to five projects. The intention is to use this remaining funding will be to host another round of competition to focus on energy, waste materials, transportation and behavior change. Staff has 5 Packet Pg. 42 Agenda Item 5 Item # 5 Page 6 evaluated the 2017 competitive process and included multiple process improvements including analysis by FC Lean staff, updated application materials and used a collaborative public event (Innovation Summit) to develop the Challenge Statements for the 2018 round of competition. Additionally, this project and its purpose is linked to 2017-2019 Council Priority for Environmental Health that prioritizes continued progress and acceleration toward achieving the Climate Action Plan Goals. Natural Areas 12. Northern Integrated Supply Project (NISP) Analysis and Response - $105,818 Purpose for funds: These funds are intended to support the City's effort and engagement with NISP (the Northern Integrated Supply Project) planning and permitting process. This process has been underway since 2008. The City's anticipated future engagement is likely to be extensive and will require these funds for technical and legal assistance. Reason funds not expensed in 2017: The federal permitting process for the Northern Integrated Supply Project is ongoing. While the release of Final Environmental Impact Statement (FEIS) was anticipated for 2017, it was not and thus these funds were not exhausted. The purpose of these funds is to support the City’s response to the FEIS and to pursue best mechanisms possible to represent the City’s river related assets and investments. The FEIS now likely to be released this summer (2018) and these funds will be used to support technical and legal external support throughout the process. Social Sustainability 13. Affordable Housing and HBA Programs - $5,240 (plus an additional $37,508 in General Fund totals $42,748 for request) Please see description in #6 under General Fund. LIGHT & POWER FUND Light & Power Operations Service Unit 14. Distributed Battery Pilot Program- $100,000 Purpose for funds: Offer 5.26 funded a pilot battery storage demonstration project to determine distributed scale storage technologies, define engineering requirements for storage on the distribution grid, install a pilot battery and analyze the costs and benefits from the project. The offer was for a total of $200,000 in funding ($100k annually in 2017/18) for the multi-year project. The purpose of the Battery Storage Pilot is to understand and demonstrate how utilities infrastructure can interact with battery technologies, including financial and economic benefits to the utility and to residential and commercial customers. Utilities expect battery storage to be an essential component of long-term solutions for our clean energy goals. This targeted pilot will demonstrate a variety of technologies and use cases with modest resources in advance of future potential commitments to more comprehensive solutions. Reason funds not expensed in 2017: Project implementation was delayed in 2017 due to two factors. The first related to staffing vacancies in Light & Power and Energy Services resulting in a delay in starting the project. The second was an extended project delivery discussion as a result of an unsolicited offer for services. An agreement was completed in March 2018 for the purchase of a battery, software license and consulting services for installation at the Utility Administration Building at 222 Laporte. The demonstration period for the project extends through the end of 2019. 5 Packet Pg. 43 Agenda Item 5 Item # 5 Page 7 DATA & COMMUNICATIONS FUND Information Technology 15. Electronic Plan Review Implementation - $62,271 Purpose for funds: The purpose of these funds is to continue the implementation of the Electronic Plan Review system for the Community Development and Neighborhood Services department that was approved by City Council on 7/19/16 per Ordinance #84. The system enables the City to provide electronic plan review as part of the building permit and development review process that includes streamlined processes for plan submittal, routing and review of construction/development plans, reduction of paper, automated online access of review comments, and overall greater efficiency of the review process. Reason funds not expensed in 2017: As originally stated in the Agenda Item Summary, this project initially proposed to have at least an 18-month timeline to complete due to the complexity of the system and technology implementation work involved. This item was reappropriated in 2017 for $301,600. To date, approximately 60% of the funding has been expensed and $141,365 is under contract for the ongoing consulting work to configure the plan review system and complete implementation in 2018. The requested funds will be used for the end user systems to procure the necessary hardware and minor software upgrades that will enable staff to process and review the large-scale electronic documents efficiently at their desks and in conference rooms (as stated in original scope of work). CITY FINANCIAL IMPACTS This Ordinance increases 2018 appropriations by $1,456,489. A total of $997,185 is requested for reappropriation in the General Fund, $297,033 from the Keep Fort Collins Great Fund and $162,271 is requested from various other City funds. Reappropriation requests represent amounts budgeted in 2017 that could not be encumbered at year-end. The appropriations are from 2017 prior year reserves. 5 Packet Pg. 44 -1- ORDINANCE NO. 046, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS REAPPROPRIATING FUNDS PREVIOUSLY APPROPRIATED IN 2017 BUT NOT EXPENDED AND NOT ENCUMBERED IN 2017 WHEREAS, City Council authorized expenditures in 2017 for various purposes in the General Fund, Keep Fort Collins Great Fund, Light & Power Fund and the Data & Communications Fund, portions of which were not spent or encumbered in 2017; and WHEREAS, Article V, Section 11 of the City Charter requires that all appropriations unexpended or unencumbered at the end of the fiscal year lapse to the applicable general or special fund, except that appropriations for capital projects and federal or state grants do not lapse until the completion of the capital project or until the expiration of the federal or state grant; 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 Financial Officer has determined that the amounts to be appropriated as described herein are available and currently unappropriated; and WHEREAS, it is in the best interests of the City and its residents and necessary for the public’s health, safety and welfare to re-appropriate funds for the expenditures below, in furtherance of these expenditures authorized in 2017 for which such appropriated funds were not expended and not encumbered during 2017. 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 sum of NINE HUNDRED NINETY-SEVEN THOUSAND ONE HUNDRED EIGHTY-FIVE DOLLARS ($997,185) to be expended for the following purposes: Lincoln Corridor Plan Neighborhood Art Projects $177,707 Neighborhood Improvement & Community Building (Vibrant) Grant Fund 133,784 Court-Appointed Defense Counsel Funding Request 19,060 Instream Flow Consulting Services 18,698 Police Regional Training Facility 381,783 Affordable Housing and HBA Programs 37,508 Child Care Project 48,800 Packet Pg. 45 -2- Horsetooth Waivers 179,845 Total General Fund $997,185. Section 3. That there is hereby appropriated for expenditure from prior year reserves in the Keep Fort Collins Great Fund the sum of TWO HUNDRED NINETY-SEVEN THOUSAND THIRTY-THREE DOLLARS ($297,033) to be expended for the following purposes: Historic Preservation Survey Grant Funds $15,000 Workforce Planning 17,975 CAP IFCC Funding 153,000 NISP Analysis and Response 105,818 Affordable Housing and HBA Programs 5,240 Total Keep Fort Collins Great Fund $297,033. Section 4. That there is hereby appropriated for expenditure from prior year reserves in the Light and Power Fund the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000) to be expended for the Distributed Battery Pilot Program. Section 5. That there is hereby appropriated for expenditure from prior year reserves in the Data and Communications Fund the sum of SIXTY-TWO THOUSAND TWO HUNDRED SEVENTY-ONE DOLLARS ($62,271) to be expended for electronic plan review implementation. Introduced, considered favorably on first reading, and ordered published this 3rd day of April, A.D. 2018, and to be presented for final passage on the 17th day of April, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 46 -3- Passed and adopted on final reading on the 17th day of April, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 47 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY April 3, 2018 City Council STAFF Kyle Lambrecht, Civil Engineer Timothy Kemp, Civil Engineer III Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 047, 2018, Appropriating Prior Year Reserves in the Transportation Capital Expansion Fee Fund and the Transportation Fund and Authorizing the Transfer of Appropriations from the Transportation Capital Expansion Fee Fund and the Transportation Fund into the Capital Project Fund for the East Prospect Road Improvements Project and Transferring Appropriations from the Capital Project Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program. EXECUTIVE SUMMARY The purpose of this item is to appropriate $600,000 into the Capital Project Fund for the East Prospect Road Improvements Project. In addition, this item will authorize the transfer of $6,000, one percent of the appropriated funds, from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places. This project will reconstruct East Prospect Road as a four-lane arterial roadway from Sharp Point Drive to Interstate-25 (I-25) western frontage road as identified on the City’s Master Street Plan. Improvements include the addition of two travel lanes, bike lanes, pedestrian facilities, utility improvements, intersection improvements at Prospect Road and Summitview Drive, and landscaped medians and parkways. This project will complement the Colorado Department of Transportation’s (CDOT) I-25 and Prospect Road Interchange improvements planned to begin construction in 2019. Appropriated funds will enable the initiation of the design process for the project. Construction funds have not yet been identified. Staff anticipates an overall project budget of $4,000,000 and an anticipated construction start date of 2020. Staff anticipates the completion of both projects in 2021. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION CDOT will begin improvements to I-25 in Northern Colorado in 2018. As no interchange improvements were initially included in the CDOT project, City staff initiated discussions with CDOT to reconstruct the I-25 and Prospect Road Interchange. CDOT’s plans now include the design and reconstruction of this interchange, a critical gateway into the City of Fort Collins. The interchange and the section of East Prospect Road between Sharp Pointe Drive and I-25’s western frontage road are severely congested at peak periods of travel. Existing and planned developments near the interchange will further exacerbate the congestion and safety for multimodal travel. The reconstruction of the interchange from its current configuration to a four-lane interchange will address these concerns. The congestion mitigation and safety benefits of the reconstructed interchange will not be fully recognized unless improvements to the section of Prospect Road are also addressed. Recognizing the benefits of designing roadway improvements to East Prospect Road in conjunction with the interchange improvements, staff has identified $598,680 in Transportation Capital Expansion Fee (TCEF) funds to initiate the design phase of the 6 Packet Pg. 48 Agenda Item 6 Item # 6 Page 2 project. The use of TCEF funds, a one-time impact fee collected from development to fund growth-related transportation improvements, to support this project is appropriate as the project will increase the vehicular and multimodal capacity along East Prospect Road. Plan Fort Collins, the City’s comprehensive planning document, has identified the reconstruction of Prospect Road between Sharp Point Drive and I-25 as an important project to improve the existing transportation network. In addition, Prospect Road is one of four entry points into the City from I-25 as well as the signed entrance for Colorado State University. The project team has identified the following project goals: • Improve safety for vehicle, bicycle, pedestrian and other multi-modal travel • Reduce congestion for vehicle travel • Incorporate applicable existing improvements into the project The City has invested a significant amount of funds along the Prospect Road Corridor over the last several years, including improvements at the Prospect/College Intersection, the Prospect/Timberline Intersection, and new bridges within the project limits. These bridges were constructed to accommodate a four-lane arterial roadway. The project will also incorporate the raised medians and additional pavement width between the Poudre River Bridge and Summitview Drive into the overall design. New improvements include the addition of two travel lanes, bike lanes, pedestrian facilities, utility improvements, intersection improvements at Prospect Road and Summitview Drive, and landscaped medians and parkways. CDOT anticipates the construction of the interchange to be completed in 2021. Given CDOT’s design and construction schedule for the interchange improvements, staff is requesting funding to initiate the project prior to the 2019/2020 Budgeting for Outcomes (BFO) process to coordinate the two projects. Staff will also use these funds to develop a preliminary level cost estimate to construct the improvements as construction funding has not yet been identified. Staff plans to submit an offer in the 2019/2020 BFO process to enable construction of the project, with the goal being completing the Prospect Road improvements prior to the completion of the CDOT interchange. 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 $6,000. This item will transfer $4,680 of the Art in Public Places Program obligations from TCEF funds. Staff has identified the Transportation Reserves to provide the additional $1,320 for long-term maintenance of the art. CITY FINANCIAL IMPACTS This action will appropriate $600,000 into the Capital Projects Fund – East Prospect Road Improvements Project. In addition, $6,000 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: Funds to be Appropriated with this Action Transportation Capital Expansion Fee Funds $598,680 Transportation Reserves $1,320 Total Funds to be Appropriated per this Action $600,000 Transfer to Art in Public Places $6,000 Staff anticipates the appropriated funds will enable the completion of preliminary engineering plans and the development of a preliminary cost estimate. The current overall project budget is $4,000,000. Staff will use the preliminary cost estimate to further refine the overall project budget as construction funds have not yet been identified. Staff plans to submit an offer in the 2019/2020 BFO Process to enable construction of the project. 6 Packet Pg. 49 Agenda Item 6 Item # 6 Page 3 BOARD / COMMISSION RECOMMENDATION Staff plans to present to the Transportation Board for comments as the project proceeds through the design phase. In addition, staff plans to present status updates to the Art in Public Places Board and the Bicycle Advisory Committee. PUBLIC OUTREACH This project will develop and implement a unique communication and outreach plan with the intent to develop a context sensitive design meeting both short term needs and long-term goals. ATTACHMENTS 1. Location Map (PDF) 6 Packet Pg. 50 ÕZYXW !"`$ E Drake Rd S Timberline Rd E Mulberry St E Prospect Rd Zi e gler Rd E Lincoln A ve S Sum m it View Dr Sh a rp Poin t Dr City of Fort Collins East Prospect Road Improvements Printed: March 05, 2018 Path: S:\Engineering\Projects\Capital Projects\Maps\Prospect_Sharp Point to I-25\E Prospect Road Improvements TCEF AIS.mxd /0 1,000 2,000 4,000 6,000 8,000 Feet Legend Project Location ATTACHMENT 1 6.1 Packet Pg. 51 Attachment: Location Map (6607 : East Prospect Road Improvements Project) -1- ORDINANCE NO. 047, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE TRANSPORTATION CAPITAL EXPANSION FEE FUND AND THE TRANSPORTATION FUND AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS FROM THE TRANSPORTATION CAPITAL EXPANSION FEE FUND AND THE TRANSPORTATION FUND INTO THE CAPITAL PROJECT FUND FOR THE EAST PROSPECT ROAD IMPROVEMENTS PROJECT AND TRANSFERRING APPROPRIATIONS FROM THE CAPITAL PROJECT FUND TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, the Colorado Department of Transportation (“CDOT”) will begin improvements to I-25 in Northern Colorado in 2018 (the “CDOT Project”); and WHEREAS, no interchange improvements were initially included in the CDOT Project, however, CDOT’s plans now include the design and reconstruction of the I-25 and Prospect Road Interchange (the “Interchange”), which Interchange is a critical gateway into the City; and WHEREAS, the Interchange and the section of East Prospect Road between Sharp Point Drive and I-25’s western frontage road are severely congested at peak period of travel and existing and planned developments near the interchange will further exacerbate the congestion and safety for multimodal travel; and WHEREAS, reconstructing the Interchange from its current configuration to a four-lane interchange and designing roadway improvements to East Prospect Road in conjunction with CDOT’s design of the CDOT Project (the “City Project”) will have benefits to the City and address some of the above concerns; and WHEREAS, staff has identified $598,680 in Transportation Capital Expansion Fee (“TCEF”) funds to initiate the design phase of the City Project; and WHEREAS, the use of the TCEF fees on the City Project will fund growth-related transportation improvements; 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; 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 Packet Pg. 52 -2- WHEREAS, the Financial Officer has determined that the appropriations as described herein are available and previously unappropriated in the Transportation Capital Expansion Fee Fund and the Transportation Fund; 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 reserves in the Transportation Capital Expansion Fee Fund for transfer to the Capital Projects Fund the sum of FIVE HUNDRED NINETY-EIGHT THOUSAND SIX HUNDRED EIGHTY DOLLARS ($598,680) for the East Prospect Road Improvements Project and appropriated therein. Section 3. That there is hereby appropriated for expenditure from reserves in the Transportation Fund for transfer to the Capital Projects Fund the sum of ONE THOUSAND THREE HUNDRED TWENTY DOLLARS ($1,320) for the East Prospect Road Improvements Project and appropriated therein. Section 4. That the unexpended appropriated amount of FOUR THOUSAND SIX HUNDRED EIGHTY DOLLARS ($4,680) in the Capital Projects Fund - East Prospect Road Improvements Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for Art in Public Places projects. Section 5. That the unexpended appropriated amount of ONE THOUSAND THREE HUNDRED TWENTY DOLLARS ($1,320) in the Capital Projects Fund - East Prospect Road Improvements Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations. Packet Pg. 53 -3- Introduced, considered favorably on first reading, and ordered published this 3rd day of April, A.D. 2018, and to be presented for final passage on the 17th day of April, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of April, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 54 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY April 3, 2018 City Council STAFF Kyle Lambrecht, Civil Engineer Timothy Kemp, Civil Engineer III Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 048, 2018, Appropriating Prior Year Reserves in the Transportation Capital Expansion Fee Fund and the Transportation Fund and Authorizing the Transfer of Appropriations from the Transportation Capital Expansion Fee Fund and the Transportation Fund into the Capital Project Fund for the South Timberline Road Improvements Project and Transferring Appropriations from the Capital Project Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program. EXECUTIVE SUMMARY The purpose of this item is to appropriate $549,496 into the Capital Project Fund for the South Timberline Road Improvement Project. This funding will be used to initiate the design for the project. In addition, this item will authorize the transfer of $5,495, one percent of the appropriated funds, from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places. This project will reconstruct South Timberline Road from Stetson Creek Drive to Trilby Road to the City’s four lane arterial roadway standard. Planned improvements include: intersection improvements at Kechter Road, Zephyr Road, and Trilby Road; multi- modal accommodations; raised medians; access control; landscaping improvements; and roadway improvements. This project serves to build upon the development improvements that have been completed along the corridor. This project will improve safety, reduce congestion, and provide improved accommodations for alternate travel modes. Staff anticipates an overall project budget of $5,900,000 and an anticipated construction start date of 2021. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City has been awarded a $2.2 million Surface Transportation Block Grant (STBG), becoming available in 2020, to help fund the construction of this project. This request seeks to advance Transportation Capital Expansion Fee (TCEF) funds to begin preliminary design, right-of-way plan development, utility coordination and the environmental review process. Development along the South Timberline corridor has expedited the need to appropriate this funding and advance design efforts outside of the typical Budgeting for Outcomes process and in advance of the STBG Federal Grant. This project will reconstruct South Timberline Road from Stetson Creek Drive to Trilby Road to the City’s four- lane arterial roadway standards. Planned improvements include: intersection improvements at Kechter Road, Zephyr Road, and Trilby Road; multi-modal accommodations, raised medians, access control, landscaping improvements, and roadway improvements. This project serves to build upon the development improvements that have been completed along the corridor. Currently several developments along the corridor have made local street frontage improvements including: road widening, bike lanes, and pedestrian amenities. This project serves to connect these improvements corridor-wide. The Timberline widening project will improve 7 Packet Pg. 55 Agenda Item 7 Item # 7 Page 2 safety, reduce congestion, and provide improved accommodations for alternative travel modes. Staff anticipates an overall project budget of $5,900,000 and an anticipated construction start date of 2021. All new development within the City of Fort Collins creates an additional demand on some, or all, of the City’s public facilities, including the existing transportation network. The City’s TCEF Program collects a one-time impact fee from development to fund growth-related transportation improvements. The use of TCEF funds to support this project is appropriate, as the project will increase the vehicular and multimodal capacity along South Timberline Road. The impact fees collected are proportionate to the development’s impact, ensuring that development is paying its share for growth-related needs to maintain current standards. The TCEF Program funds cannot be used for operating or maintenance costs, or to repair or correct existing deficiencies the existing infrastructure. This item will appropriate $498,900 in TCEF funds to initiate the preliminary design phase of the project. The City will often partner with development to construct roadway improvements to minimize impacts to the public. 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 also appropriate $49,387 from TCEF Reserves, collected as payment in lieu for a development for its local street frontage, within the project limits. The total TCEF appropriation is $548,287. 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 $5,495. This item will transfer $4,286 of the TCEF appropriations to the Art in Public Places Program. Staff has identified the Transportation Reserves to provide the additional $1,209 needed to provide long-term maintenance for the art. CITY FINANCIAL IMPACTS This action will appropriate $549,496 into the Capital Projects Fund–South Timberline Road Improvements Project to fund project design. In addition, $5,495 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: Funds to be Appropriated with this Action Transportation Capital Expansion Fee Funds $548,287 Transportation Reserves $1,209 Total Funds to be Appropriated with this Action $549,496 Transfer to Art in Public Places $5,495 Staff anticipates the appropriated funds will enable the completion of preliminary engineering plans and the development of a preliminary cost estimate. The current overall project budget is $5,900,000. Staff will use the preliminary cost estimate to further refine the overall project budget as construction funds have not yet been identified. BOARD / COMMISSION RECOMMENDATION Staff plans to present to the Transportation Board for comments as the project proceeds through the design phase. In addition, staff plans to present status updates to the Art in Public Places Board and the Bicycle Advisory Committee. 7 Packet Pg. 56 Agenda Item 7 Item # 7 Page 3 PUBLIC OUTREACH This project will develop and implement a unique communication and outreach plan with the intent to develop a context sensitive design meeting both short term needs and long-term goals. Public outreach will begin with the project’s preliminary design phase. Staff has participated in several neighborhood meetings associated with developments along South Timberline Road, including the proposed Hansen Farms Development. ATTACHMENTS 1. Location Map (PDF) 7 Packet Pg. 57 S Timberline Rd S Lemay Ave Ziegler Rd E Harmony Rd Kechter Rd E Trilby Rd S tetson Creek D r South City Timberline of Fort Road Collins Improvements Printed: March 05, 2018 Path: S:\Engineering\Projects\Capital Projects\Maps\Timberline_Trilby to Stetson Creek\South Timberline Road Improvements.mxd / 0 750 1,500 3,000 4,500 6,000 Feet Legend Project Location ATTACHMENT 1 7.1 Packet Pg. 58 Attachment: Location Map (6609 : South Timberline Road Improvements Project) -1- ORDINANCE NO. 048, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE TRANSPORTATION CAPITAL EXPANSION FEE FUND AND THE TRANSPORTATION FUND AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS FROM THE TRANSPORTATION CAPITAL EXPANSION FEE FUND AND THE TRANSPORTATION FUND INTO THE CAPITAL PROJECT FUND FOR THE SOUTH TIMBERLINE ROAD IMPROVEMENTS PROJECT AND TRANSFERRING APPROPRIATIONS FROM THE CAPITAL PROJECT FUND TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, the City has been awarded a $2.2 Million Surface Transportation Block Grant (“STBG”), becoming available in 2020, to help reconstruct South Timberline Road from Stetson Creek Drive to Trilby Road to the City’s four lane arterial roadway standards (the “Project”); and WHEREAS, development along the South Timberline corridor has expedited the need to begin efforts of the Project outside the typical Budgeting For Outcomes process and in advance of the STBG grant; and WHEREAS, staff has identified $549,495 in the Transportation Capital Expansion Fee Fund (“TCEF”) to be used on the Project, which amount will be added to the Project budget; and WHEREAS, this Ordinance will appropriate the TCEF funds to begin preliminary design, right of way plan development, utility coordination and the environmental review process of the Project; and WHEREAS, the use of the TCEF fees on the Project will fund growth-related transportation improvements; 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; 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 Financial Officer has determined that the appropriations as described herein are available and previously unappropriated in the Transportation Capital Expansion Fee Fund and the Transportation Fund; 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 Packet Pg. 59 -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 reserves in the Transportation Capital Expansion Fee Fund for transfer to the Capital Projects Fund the sum of FIVE HUNDRED FORTY-EIGHT THOUSAND TWO HUNDRED EIGHTY-SEVEN DOLLARS ($548,287) for the South Timberline Road Improvements Project and appropriated therein. Section 3. That there is hereby appropriated for expenditure from reserves in the Transportation Fund for transfer to the Capital Projects Fund the sum of ONE THOUSAND TWO HUNDRED AND NINE DOLLARS ($1,209) for the South Timberline Road Improvements Project and appropriated therein. Section 4. That the unexpended appropriated amount of FOUR THOUSAND TWO HUNDRED EIGHTY-SIX DOLLARS ($4,286) in the Capital Projects Fund - South Timberline Road Improvements Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for Art in Public Places projects. Section 5. That the unexpended appropriated amount of ONE THOUSAND TWO HUNDRED AND NINE DOLLARS ($1,209) in the Capital Projects Fund - South Timberline Road Improvements Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations. Packet Pg. 60 -3- Introduced, considered favorably on first reading, and ordered published this 3rd day of April, A.D. 2018, and to be presented for final passage on the 17th day of April, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of April, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 61 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY April 3, 2018 City Council STAFF Lisa Rosintoski, Utilities Customer Connections Manager Lance Smith, Utilities Strategic Finance Director Cyril Vidergar, Legal SUBJECT First Reading of Ordinance No. 049, 2018, Appropriating Prior Year Reserves in the Utility Customer Service and Administration Fund for Cyber Security and System Enhancements for the Utilities Customer Information System. EXECUTIVE SUMMARY The purpose of this item is to fund security improvements identified in a 2017 assessment of the Utilities customer information system. This system is the Utilities’ primary tool for processing about $200 million in revenue annually, and it supports multiple critical integrated systems that Utilities relies on for daily operations in the delivery of accurate billing. Given the expected lifespan of the system, it is crucial that it is protected and supported until such time as a new billing system is implemented. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Specifics on security vulnerabilities, designs, and remedial measures are not discussed in this AIS and are not treated as public records under the Colorado Open Records Act. Information on these topics can nevertheless be provided to Council in confidential follow-up communications, as may be requested by Council. Enhancing the cybersecurity protection of the utility customer information system will enable accurate recordkeeping and benefit all ratepayers. CITY FINANCIAL IMPACTS Based on the 2017 assessment figures, the cost of implementing the recommended system enhancements is estimated to be $111,000, plus $13,300 in annual maintenance and $50,000 in annual staff support. The total amount requested in this appropriation is $149,300, which includes six months of support staff costs for the first year. As of December 31, 2016, the Utilities Customer Service & Administration fund had $1.4M in available reserves. Reserves decreased slightly as of the end of 2017. There remains enough available reserves to fund this appropriation of $149,300 in 2018. Ongoing maintenance and support costs of $63,300 will be funded by ongoing revenues from the four Utilities enterprise funds starting in 2019. 8 Packet Pg. 62 -1- ORDINANCE NO. 049, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE UTILITY CUSTOMER SERVICE AND ADMINISTRATION FUND FOR CYBER SECURITY AND SYSTEM ENHANCEMENTS FOR THE UTILITIES CUSTOMER INFORMATION SYSTEM WHEREAS, the purpose of this item is to appropriate $149,300 from Utilities Customer Service and Administration Fund Reserves to enhance cybersecurity protection for the Utilities customer information and billing system (CIS) and improve lifecycle support the system; and WHEREAS, these funds are needed to proactively address potential security vulnerabilities and enhance system operations, and guarantee continued accurate billing and recordkeeping within CIS, as well as avoid costs associated with manual recordkeeping, account processing, and reactionary installation delays; 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 Financial Officer has determined that the appropriations as described herein are available and previously unappropriated in the Utility Customer Service and Administration Fund; and WHEREAS, the City Council has determined funding system enhancements for the Utilities customer information system is needed to guarantee continued accurate and protected service billing operations and thereby serves a utility purpose beneficial to the ratepayers of each utility. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from prior year reserves in the Utility Customer Service and Administration Fund the sum of ONE HUNDRED FORTY- NINE THOUSAND THREE HUNDRED DOLLARS ($149,300) to address potential cybersecurity vulnerabilities and lifecycle maintenance issues in the Utilities Customer Information System. Packet Pg. 63 -2- Introduced, considered favorably on first reading, and ordered published this 3rd day of April, A.D. 2018, and to be presented for final passage on the 17th day of April, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of April, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 64 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY April 3, 2018 City Council STAFF Philip Tucker, Utilities Key Accounts Representative Cyril Vidergar, Legal SUBJECT First Reading of Ordinance No. 050, 2018, Appropriating Unanticipated Grant Revenue in the Light and Power Fund for the Peak Notification Pilot Project. EXECUTIVE SUMMARY The purpose of this item is to appropriate $18,500 in grant revenues from the American Public Power Association into the Fort Collins Utilities Light and Power Operations fund to pilot a peak load notification project. This pilot project will be internal to the City of Fort Collins. It will educate staff members from various departments about coincident peak and provide tools to help City staff conserve power during peak events. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The American Public Power Association (APPA) maintains an ongoing research and development grant program titled Demonstration of Energy and Efficiency Developments (DEED). Fort Collins Utilities succeeded in receiving DEED grant approval for a project titled “Peak Load Notification Pilot”. The grant period is March 1, 2018, to December 31, 2018. Fort Collins Utilities utilizes a coincident peak rate structure for large commercial customers to help customers save on the coincident peak charge of their bill. The utility currently attempts to communicate to customers about predicted coincident peak hours through email, a website, and OpenADR, a platform used for commercial automated demand response. These tools provide the backbone to the peak notification system, but utilization by commercial customers has been limited due to the complexity of the rate structure and communication methods, some of which are not easily adaptable to a customer’s unique environment. This project directly addresses these two challenges with new technological tools and educational outreach. The technological component involves creating a channel on the IFTTT (If This Then That) platform which will allow end users to easily create custom conditional programs to automate actions and responses based on triggers defined by Fort Collins Utilities. The educational component involves identifying and educating new levels of staff within an organization who control large amounts of energy within the scope of their job responsibilities. Additionally, a visible example of a response to a coincident peak event will be provided to staff as part of the educational component. A color changing LED bulb will utilize the IFTTT component of this project by changing colors during a coincident peak event, alerting staff that an event has been scheduled or is currently underway. 9 Packet Pg. 65 Agenda Item 9 Item # 9 Page 2 CITY FINANCIAL IMPACTS The appropriation of these funds will enable Utilities to move forward with the pilot project. The grant funds will pay for all costs of this project, no other matching funds are required. 9 Packet Pg. 66 -1- ORDINANCE NO. 050, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE LIGHT AND POWER FUND FOR THE PEAK NOTIFICATION PILOT PROJECT WHEREAS, the Light and Power Utility Energy Services Division has received a grant from the American Public Power Association (APPA) for $18,500 to conduct an internal City pilot program focused on educating staff from various departments about coincident peak events and providing tools to help staff conserve power during peak events, entitled the “Peak Load Notification Project”; and WHEREAS, the grant period is from March 1, 2018, through December 31, 2018; and WHEREAS, the project will address challenges of the current coincident peak event notification process by creating a new IFTTT (If This Then That) platform channel to allow users to set custom automated actions when a peak event occurs, and improving the awareness of conservation and energy management options for employees within the City who control large amounts of energy within the scope of their job responsibilities; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, the Financial Officer has determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Light and Power 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 Council has determined the appropriation of the grant revenues as described herein will further City efforts to improve efficient use and promote energy conservation in City operations and thereby serves a utility purpose beneficial to the Electric Utility ratepayers. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from unanticipated grant revenue in the Light and Power Fund the sum of EIGHTEEN THOUSAND FIVE HUNDRED DOLLARS ($18,500) for the Peak Notification Pilot Project. Packet Pg. 67 -2- Introduced, considered favorably on first reading, and ordered published this 3rd day of April, A.D. 2018, and to be presented for final passage on the 17th day of April, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of April, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 68 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY April 3, 2018 City Council STAFF Shane Boyle, Civil Engineer III Eric Potyondy, Legal SUBJECT First Reading of Ordinance No. 051, 2018, Amending Chapter 26 of the Code of the City of Fort Collins Regarding Reimbursement Agreements for the Construction of Water and Sewer Mains. EXECUTIVE SUMMARY The purpose of this item is to amend City Code sections related to reimbursement agreements for the construction of water and sewer mains. These sections of Code define requirements by which private parties may seek reimbursement from adjacent property owners for installation of public water and sewer infrastructure. As written, the Code language applies to greenfield development, which is growing less common in Fort Collins. The proposed Code changes would make the reimbursement agreements also applicable to infill, redevelopment, and existing development and thus be more useful to the City and developers. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION City Code Sections 26-121, 26-285, 26-369, and 26-372 apply to reimbursement agreements and allow for private parties who are installing public infrastructure that is also able to serve adjacent properties to require reimbursement from those adjacent properties when they connect to the public system. As written, the Code language applies to greenfield development, which is no longer very common in Fort Collins. The proposed Code changes would make the reimbursement agreements also applicable to infill and redevelopment, and thus be more useful to the City and the types of development now being currently pursued. There are multiple developments within Fort Collins that were constructed prior to City sewer being available in these areas. Therefore, these developments are on individual septic systems. As these septic systems begin to fail, homeowners are interested in installing public sewer mains into and through their development to allow for connection to City sewer which is a health and safety benefit to the City. The proposed Code changes would allow for homeowner(s) to install the sewer mains and require reimbursement from adjacent homes that could also be served by the new sewer mains. As the adjacent homes connect into the new sewer main, those homeowners would be required to pay for their share of the public system. CITY FINANCIAL IMPACTS No financial impacts to the City are anticipated with the proposed Code changes. 10 Packet Pg. 69 Agenda Item 10 Item # 10 Page 2 BOARD / COMMISSION RECOMMENDATION At its March 15, 2018 meeting, the Water Board voted unanimously to recommend approval of the proposed Code changes. PUBLIC OUTREACH As this Code change is at the request from homeowners and no impact to the City of development community is anticipated, public outreach was done in the form of a City website update. The proposed Code change was placed on the City’s web page on January 31, 2018. ATTACHMENTS 1. Water Board minutes, March 15, 2018 (draft) (PDF) 10 Packet Pg. 70 Excerpt from Unapproved Water Board Minutes – March 15, 2018 Reimbursement Agreement Code Change (Attachments available upon request) Civil Engineer III Shane Boyle, Utilities Water Systems Engineering, provided a summary of the proposal for City Council to make changes to City Code sections related to reimbursement agreements for the construction of water and sewer mains. These sections of code define requirements for which private parties may seek reimbursement from adjacent property owners for installation of public water and sewer infrastructure. As written, the code language specifically applies to greenfield development. The proposed code changes would make the reimbursement agreements also applicable to infill, redevelopment, and existing development. Two neighborhoods are currently in the process and waiting for the code change. Discussion Highlights Board members commented on and inquired about various related topics including sewer main size; billing; fees; and the reimbursement. Board Member Mike Brown moved that Water Board recommends City Council adopt the updated City Code sections related to Reimbursement Agreement and ordinance on first reading. • Board Member Phyllis Ortman seconded the motion. • Vote on the Motion: It passed unanimously, 7-0. ATTACHMENT 1 10.1 Packet Pg. 71 Attachment: Water Board minutes, March 15, 2018 (draft) (6613 : Water/Sewer Mains Code Change) -1- ORDINANCE NO. 051, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING REIMBURSEMENT AGREEMENTS FOR THE CONSTRUCTION OF WATER AND SEWER MAINS WHEREAS, the City owns and operates a water utility and a wastewater utility; and WHEREAS, City Code has historically provided for the City to enter into reimbursement agreements with developers for the construction of water and/or sewer mains under City Code Sections 26-121, 26-285, 26-369, and 26-372; and WHEREAS, the term “developer” is defined in Chapter 26 of City Code as “any person who plats and improves undeveloped land for industrial, commercial, residential or mixed use thereby creating a demand for City utility services”; and WHEREAS, under such reimbursement agreements, the developer would construct and pay for a water and/or sewer main located either through undeveloped areas to reach and serve the developer’s property, or along the perimeter of the developer’s property; and WHEREAS, such reimbursement agreements have acted as a useful mechanism in certain circumstances by which water and/or wastewater service may be extended; and WHEREAS, the current sections of City Code regarding such reimbursement agreements are tailored to the extension of water and/or wastewater service by developers to undeveloped property to be platted; and WHEREAS, there are certain properties and groupings of properties within Fort Collins that are within the water and wastewater utilities’ respective service areas, but which are not currently served by the water and/or wastewater utility, and which would require the construction of water and/or sewer mains to serve such properties; and WHEREAS, it would be preferable for the City and to the benefit of the health, safety, and welfare of the citizens of Fort Collins to extend water and wastewater service to such properties; and WHEREAS, allowing reimbursement agreements to potentially be used to extend water and wastewater service to such properties would further and provide an additional mechanism for reaching this goal; and WHEREAS, it would be beneficial to the water and/or wastewater utility to extend water and/or sewer mains to be able to serve all properties within the water and wastewater utilities’ respective service areas in order to advance the general purposes of those utilities, and it also would, among other things, expand the customer base and increase revenues for these utilities; and Packet Pg. 72 -2- WHEREAS, it would be beneficial to the water and wastewater utilities’ respective ratepayers to provide additional mechanisms to construct water and/or sewer mains using private funds; and WHEREAS, the Water Board has recommended that the Council approve the changes made herein; and WHEREAS, the City Manager and City staff have recommended to the City Council that City Code Sections 26-121, 26-285, 26-369 and 26-372 be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 26-121 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-121. - Reimbursement assessments. (a) Any applicant desiring to take and use City water for the first time on premises subject to a developer’s reimbursement agreement with the City, as provided in § 26-372, shall pay any front footage charges and adjustments assessed to the property pursuant to such agreement on account of the developer’s installing person’s extension of the City water main adjacent to the premises if the applicant’s service line will be connected directly and not through an ancillary distribution line to such main and the applicant did not participate in the original cost of such extension. This fee shall be paid at the time the water service permit is issued in addition to all other connection charges. The applicant may not avoid payment of this charge by requesting connection to another water main if the proposed service line is, in the opinion of the Utilities Executive Director, best capable of being connected to the main which is the subject of the reimbursement agreement. . . . Section 3. That Section 26-285 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-285. - Reimbursement assessments. (a) An applicant desiring an original connection to the wastewater utility for premises subject to a developer’s reimbursement agreement with the City, as provided in § 26-372, shall pay any front footage charges and adjustments assessed to the property pursuant to such agreement on account of the developer’s installing person’s extension of the public sewer Packet Pg. 73 -3- adjacent to the premises, if the applicant’s service line will be connected to such main directly, and not through an ancillary collection line, and the applicant did not participate in the original cost of its construction. This fee shall be paid at the time the sewer connection permit is issued in addition to all other connection charges. The applicant may not avoid payment of this charge by requesting connection to another sewer main if in the opinion of the Utilities Executive Director the proposed service line is best capable of being connected to the main which is the subject of the reimbursement agreement. . . . Section 4. That Section 26-369 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-369. - Subdivisions and developments. . . . (b) A developer shall install at self-expense all mains, service lines and other appurtenances to, in and through the development. The City shall participate in the developer’s cost of installing oversized mains as provided in § 26-371. The City may also accommodate the developer and other eligible persons by attempting to collect reimbursement fees from properties outside the development benefited by the developer’s extensions of mains through undeveloped areas as provided in § 26-372. . . . Section 5. That Section 26-372 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-372. - Reimbursement agreements. (a) When a developer or any other person constructs a water or sewer main through undeveloped areas to reach and serve such installing person’s property or constructs such a line main on the perimeter of the property, the entire cost of the main shall be the responsibility of such person. If such developer installing person enters into a reimbursement agreement with the City in the time and manner prescribed by this Section, then the City may assess a charge per connection or per frontage foot to each adjacent property connecting to the affected water or sewer main at the time a connection permit is issued for that property. If per connection, the charge shall be calculated as the cost of the water or sewer main divided by the number of potential connections to adjacent properties. If per frontage, the charge shall be calculated as the cost of the water or sewer main multiplied by the length of the frontage of the property to be charged (in feet) divided by the total length of the water or sewer main (in feet). It shall be in the Utilities Executive Director’s discretion to determine whether to base the charge on connections or frontage, based on an equitable distribution of costs and other relevant considerations. If the front footcharge is collected, the City shall reimburse the Packet Pg. 74 -4- originalinstalling developerperson to the extent of such collection after deducting a service charge of three (3) percent to cover administrative costs. All costs for the construction of the water and sewer linesmains must be fully paid by the installing developer person before such person is entitled to reimbursement under any agreement established hereunder. (b) The amount of the reimbursement assessed by the City for each adjacent property as it develops connects to the affected water or sewer main may be based on the original cost of design and construction of the lines mains plus an adjustment for inflation based on the construction cost index for Denver, Colorado, as published monthly by “Engineering News-Record.” In no case shall the front foot charge reflect less than the original cost of installation through the undeveloped properties. The costs of design and construction of the improvements may include engineering fees and any costs incurred by the developer installing person for the formation or administration of a special improvement district. Reimbursement of the installing developer person is contingent on actual collection of the front foot charge by the City. (c) In order to obtain approval of a reimbursement agreement from the City, the developer installing person shall provide the utility with copies of the following within ninety (90) days from acceptance of the utility lineswater or sewer main by the City Engineer: (1) Completed bid forms from at least three (3) qualified contractors with an indication of which contractor was awarded the project. The bid forms must contain the description, estimated quantity, and unit price for each item included in the project. Each bid must be genuine and not a collusive or sham bid; (2) Any invoice from the developer’s installing person’s engineer for any fees assessed on the project; (3) The contractor’s application for final payment approved by the developer's installing person’s engineer; (4) A letter from the developer installing person and/or contractor certifying that final payment has been received by the contractor; (5) A letter from the developer installing person and/or engineer certifying that final payment of engineering fees has been made; (6) A map prepared by a licensed engineer or surveyor which shows: a. The location of the utility linewater or sewer mains constructed; b. The name of the owner of each property which has frontage along the utility linewater or sewer main; Packet Pg. 75 -5- c. The amount of frontage each property has along the utility linewater or sewer main; d. The number of connections anticipated to be made to the water or sewer main from the properties along the main; e. The location of stubs from the water or sewer main to each property along the main, if such stubs have been required by the Utilities Executive Director; df. The acreage and parcel number of each property along the utility line water or sewer main; and eg. A reference to the book and page and/or reception number from the county records where the information for each property was obtained. (7) Any other information deemed necessary by the Utilities Executive Director. (d) If the foregoing information is not submitted by the developer installing person within the ninety-day period provided, then reimbursement will shall be denied. If the information is timely submitted, the City will review it and prepare a reimbursement agreement to be signed by both the developer installing person and the City Manager. All reimbursement agreements shall be recorded with the county clerk and the installing person shall be responsible for such recording costs. (e) The term of any reimbursement agreement established hereunder shall not exceed a period of ten (10) years from the date of its execution regardless of whether or not the original costs have been fully reimbursed. The City Council may approve one (1) extension of the agreement by resolution, not to exceed an additional ten (10) years, if application for the City Council approves such a resolution for an extension is made prior to the expiration of the original ten-year period. The City is not liable for any portion of the uncollected balance. (f) The books and records of the developer installing person relating to the costs of the water and sewer mains for which the developer installing person seeks reimbursement shall be open to the City at all reasonable times for the purpose of auditing and verifying the developer’s installing person’s costs. Packet Pg. 76 -6- Introduced, considered favorably on first reading, and ordered published this 3rd day of April, A.D. 2018, and to be presented for final passage on the 17th day of April, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of April, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 77 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY April 3, 2018 City Council STAFF Carol Workman, Acting Director of Police Information Services Bronwyn Scurlock, Legal SUBJECT Resolution 2018-032 Authorizing the City Manager to Enter Into an Intergovernmental Agreement Concerning the Northern Colorado Regional Communication Network. EXECUTIVE SUMMARY The purpose of this item is to authorize the City to enter into an updated intergovernmental agreement (IGA) concerning the Northern Colorado Regional Communications Network (NCRCN). This IGA establishes three primary partners (the City of Fort Collins, the City of Loveland, and Larimer County) as “Partner Agencies”, and identifies the responsibilities in sharing in the management, use, and cost of operating the regional radio communications system. It also outlines the division of existing radio assets. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The NCRCN was established after the City of Loveland and Poudre School District contracted with Motorola Software Solutions to build a radio system. Soon after, the City and Poudre Fire Authority added equipment and radio sites to expand the radio system. The first IGA was established in 1999 with 13 different member agencies. It ensured the regional radio communications system was managed, regulated, and that there was oversight in the use and maintenance of the system. NCRCN continues to maintain the system with radio fees from each of its member agencies. • In 2003, NCRCN partnered with the State of Colorado, which had also partnered with Motorola, for a state-wide radio system. The two groups, as well as other agencies, brought equipment together for a more robust system, and eliminated duplication of equipment and radio systems. This collaboration ultimately created the State’s Digital Trunked Radio System (DTRS). • In 2013, the NCRCN Board made the decision to join the Front Range Communications Consortium (FRCC), which was a radio system separate from the State’s DTRS. That system was owned by both Weld and Adams Counties. • NCRCN’s desire to move to FRCC created concerns for Larimer County regarding radio interoperability and the ability to communicate with regional partners. That concern illustrated the need to have an inclusive regional partnership with all Larimer County agencies and to keep NCRCN assets in the region. 11 Packet Pg. 78 Agenda Item 11 Item # 11 Page 2 • Over the last several years, the NCRCN Board has been working to establish a new structure, outline a new regional partnership, and identify the responsibilities of a 3-member board, including one representative each from the City of Fort Collins, Loveland and Larimer County. • In the proposed IGA, the City would accept ownership for the NCRCN assets at two radio sites. These assets and subsequent responsibilities of the City include maintenance of equipment and radios, and required services to ensure compliance with the State’s DTRS. • The proposed IGA includes a way for other governmental agencies (Member Agencies) to continue to contribute financially to assist in the maintenance and any future upgrades at the two City-owned radio sites through the execution of separate intergovernmental agreements with the Partner Agencies. • Police Services, Utilities, Transfort, and Natural Resources are currently included in the NCRCN. CITY FINANCIAL IMPACTS By authorizing the execution of this IGA, the City: • Accepts ownership for two radio sites, valued at approximately $1.7 million. • Accepts responsibility for paying approximately $42K for yearly maintenance on the two radio sites. Member Agency contributions will assist in paying for the maintenance, upgrades, use and added functionality to the system. • Reserves will be utilized to pay for current technology upgrades. Future technology requirements and upgrades will be planned and discussed with member agencies as it relates to funding modifications and as outlined in the IGA. • Anticipates annual contributions from member agencies at roughly $96K. In addition, the City accepts responsibility for their continued contribution of roughly $76K as the City’s portion of the maintenance, use and necessary upgrades/replacements to the system. 11 Packet Pg. 79 -1- RESOLUTION 2018-032 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT CONCERNING THE NORTHERN COLORADO REGIONAL COMMUNICATION NETWORK WHEREAS, the City has been a party to an intergovernmental agreement (“IGA”) concerning the Northern Colorado Regional Communication Network (“NCRCN”) since December of 1999; and WHEREAS, the purpose of the NCRCN is to provide a means for the member agencies to economically combine resources and provide an interoperable public safety radio system for the citizens of Larimer County communities; and WHEREAS, the IGA concerning the NCRCN was last updated in 2009, and over the last several years the NCRCN board has been working on establishing a new NCRCN structure and partnership; and WHEREAS, the City, the City of Loveland and Larimer County (“Partner Agencies”) desire to enter into an updated IGA in substantially the form attached as Exhibit “A” (the “NCRCN IGA”), to reflect these structure and partnership changes, to set forth each entities’ responsibilities, and to govern the funding for and the operation and use of the radio system; and WHEREAS, the proposed NCRCN IGA includes a way for other governmental agencies to continue to contribute financially to assist in the maintenance and any future upgrades at the City-owned radio sites through the execution of separate intergovernmental agreements with the Partner Agencies; and WHEREAS, Part 2 of Article 1 of Title 29, C.R.S. authorizes governments to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each, including authority to provide for the joint exercise of such functions, services or facilities; and WHEREAS, Article II, Section 16 of the City Charter empowers the City Council, by ordinance or resolution, to enter into contracts with governmental bodies to furnish governmental services and make charges for such services, or enter into cooperative or joint activities with other governmental bodies; and WHEREAS, under Section 1-22 of the City Code, intergovernmental agreements and other cooperative arrangements between the City and other governmental entities are to be submitted to the City Council for review, unless they fit within one of the exceptions that permit execution by the City Manager; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the NCRCN IGA. Packet Pg. 80 -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 set forth above. Section 2. That the City Manager is hereby authorized to execute the NCRCN IGA in substantially the same form as shown on Exhibit “A”, attached hereto and incorporated herein by this reference, with such modifications and additional terms as the City Manager, in consultation with the City Attorney, determines is necessary and appropriate to protect the interests of the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd day of April, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 81 1 INTERGOVERNMENTAL AGREEMENT CONCERNING THE NORTHERN COLORADO REGIONAL COMMUNICATION NETWORK THIS AGREEMENT is made and entered into this ___ day of ___, 2018, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter referred to as “Fort Collins"), the CITY OF LOVELAND, COLORADO, a municipal corporation (hereinafter referred to as “Loveland"), and LARIMER COUNTY, COLORADO, a political subdivision of the State of Colorado (hereinafter referred to as the "County''). WHEREAS, Fort Collins, Loveland, and the County (the “Partners”) desire to share in the management, use, and cost of operating a regional radio communications system (“Regional System” or System), and desire to enter into this Agreement in order to state their respective rights and obligations concerning the purchase, maintenance, operation, and use of the System; and WHEREAS, the purpose of NCRCN is to provide a means for the member agencies to economically combine resources and provide an interoperable public safety radio system for the citizens of Larimer County communities; and WHEREAS, NCRCN is a resource sharing radio network and serves as a sub- system within the Colorado statewide Digital Trunked Radio System (DTRS). NCRCN Partners/Members provide site and dispatch center infrastructure connected to the System and Zone cores for common use in the DTRS; and WHEREAS, in the performance of their governmental functions, each Partner has obtained, through leases or purchases, certain radio and associated communications equipment which is part of the System consisting of certain 800/700 MHZ trunked repeaters and related fixed equipment ("Infrastructure") utilized and provided by the Partners; and WHEREAS, the Partners are authorized to utilize radio communications in the performance of their various governmental functions and to enter into intergovernmental agreements to provide any function, service, or facility as provided in Sections 29-1-201, C.R.S., and 29-1-203, C.R.S. WHEREAS, the Partners desire to continue to cooperate and contract with one another and with other parties that may wish to become Members of the NCRCN, as defined below, through separate IGAs, (“Members”). NOW, THEREFORE, in consideration of the mutual promises contained herein, the Partners agree as follows: EXHIBIT A 1 Packet Pg. 82 Attachment: Exhibit A (6636 : NCRCN IGA - RESO) 2 1. Term This Agreement shall be effective as of the date written above, and shall continue for five years with an option to extend it in five-year increments. Any party may terminate its part in this Agreement as provided in paragraph 17, below. 2. Establishment There is hereby established an association of entities to be known as the Northern Colorado Regional Communication Network (“NCRCN”) for the purpose of coordinating and facilitating the Regional System’s activities and modifications. Each entity located in Northern Colorado that has subscriber units on the System with approval of the Executive Committee shall be entitled to membership in the NCRCN through a separate agreement. The NCRCN is not a separate legal entity. The parties enter into this Agreement as separate and independent entities and each shall maintain such status throughout the term of this Agreement. 3. Executive Committee and Delegation of Authority to Executive Committee a. General: The NCRCN Partners shall cooperate through an Executive Committee made up of one senior management member from each Partner. The Executive Committee will generate operational policy and oversee all operations. b. By-laws: The Executive Committee shall adopt by-laws setting forth the rules under which the Committee shall operate, including what manner if any electronic participation is authorized. Each member of the Executive Committee shall have one vote. c. Voting: The Executive Committee shall meet at least quarterly for the purpose of reviewing the performance and operation of the Regional System. Only decisions made with all Executive Committee Members present, which constitutes a quorum, and a 2/3 vote of the Executive Committee with regard to the operation of the Regional System, shall be binding upon each Partner and Member to this Agreement. By executing this Agreement, the governing body of each entity hereby delegates to the Executive Committee of the NCRCN the power and authority to make decisions concerning the operation of the Regional System. The Executive Committee shall have the authority to restrict access to and use of the Regional System by any user who is not an entity bound by this Agreement. 1 Packet Pg. 83 Attachment: Exhibit A (6636 : NCRCN IGA - RESO) 3 4. Technical Committee A Technical Committee will advise the Executive Committee on technical, functional, and operational matters as required. Members of the Technical Committee will be nominated by either a Partner or a Member agency (collectively referred to as parties) and must be approved by a majority of the Executive Committee. If funding is necessary, the Technical Committee shall seek funding from each Partner’s appropriate governing body. 5. Membership Any entity in Colorado may become a Member of the NCRCN by providing the Executive Committee with documentation evidencing the number of subscriber units, which the entity has allocated on the System, and may be approved for Membership by the Executive Committee and by agreeing to the terms and conditions of this Agreement through a separate agreement executed with the Partner owning the primarily utilized Infrastructure and by that Member paying the fees to that Partner as established annually by the Executive Committee. 6. System The System shall consist of the equipment/radios, software, maintenance, and services purchased in order to become compliant with the State of Colorado’s Digital Trunked Radio System (DTRS). The DTRS system assets solely owned by a Partner, will be retained by that Partner. The Partners acknowledge and approve the following division of NCRCN “system” assets: City of Fort Collins • Horsetooth (Although Fort Collins is responsible for the NCRCN system assets at Horsetooth, Larimer County owns other equipment at this Horsetooth site that is not part of the NCRCN system assets, as described in this section, including grounds, building, generator, microwave, and other miscellaneous electronics.) • Poudre Valley Hospital City of Loveland • Loveland • Bald Mountain North Larimer County • Drake The Partners may cooperatively manage and/or fund equipment, frequencies, and maintenance between themselves or with other entities such as the State of Colorado-OIT at any jointly utilized site. 1 Packet Pg. 84 Attachment: Exhibit A (6636 : NCRCN IGA - RESO) 4 7. Ownership, Maintenance, and Update of System Each of the Partners shall maintain and update their respective part of the System. Future System components and maintenance will be purchased through each Partner’s assigned funding and each Partner’s respective purchasing procedures and guidelines. Any future grants, stipends, other outside funding, reimbursements, excluding pre-existing member contributions as described in Sections 8 and 10, shall be applied or credited to the Partners in shares commensurate with their ownership interests in sites and number of radio channels. The Executive Committee may consider population, geographic area covered, and the rate of usage regarding what percentage each primary partner receives from their pre-existing member as noted in paragraph 10. Each Partner will provide technicians properly trained in the operation and maintenance of the entire System, who shall maintain each Infrastructure and who may share responsibility for System administration. NCRCN members owning site and dispatch center infrastructure maintain the DTRS standard level of technology through system upgrades in accordance with the DTRS upgrade plan. Partners may provide their own software and hardware upgrades or may partner with Colorado OIT, through individual agency agreements for system upgrades. In the event that any of the Parties’ portions of the System are lease-purchased, the individual City/County shall be the sole Lessee in any lease-purchase agreement, and shall be the sole entity authorized to exercise any purchase option under such agreement and take title to any lease-purchase equipment. Nothing in this Agreement shall prevent or constrain that entity or the leasing company from terminating any lease-purchase agreement under the terms of such agreement. 8. Cost Allocation and Member Contributions Each Partner assumes the responsibility of allocating the necessary funding through its budgeting and financial systems to maintain its owned assets. Each Partner may enter into separate agreements with Members that primarily utilize the Partner’s Infrastructure and will charge such Member a per-subscriber unit fee or flat fee that will be established annually at the beginning of each calendar year by the Executive Committee. No partner will charge a member agency more than the annually established fee or agreed upon costs but may negotiate lesser fees based on system usage. A template of said agreement for Partners to use with associated Member’s is attached as Exhibit A. 1 Packet Pg. 85 Attachment: Exhibit A (6636 : NCRCN IGA - RESO) 5 The fees will be paid from the Member organization directly to the Partner with which the Member has signed a subsequent IGA and will be utilized by the Partner for any expenses directly related to the maintenance, support, or the upgrade or enhancement of the System. Nothing in this Agreement keeps two or more Partners/Members from cooperating financially or logistically to maintain, support, or upgrade any part of the System or individually held assets beyond the basic obligations set forth in this Agreement. 9. Restriction of Use and System Degradation In the event that a Partner, Member, or other user causes any negative interference or otherwise causes disruption/damage to said Infrastructure or the Regional System, or fails to pay the fees set by the Executive Committee, the Partner owning the Infrastructure may restrict use of said Infrastructure by the entity causing interference, disruption, damage, or failure to pay. No Partner or Member shall engage in any activity that might result in the degradation of the System. If such activity is identified, the responsible party will take immediate action to rectify the situation and restore System functionality to pre-degradation levels at the responsible party’s cost. 10. Pre-Existing Members / Interconnection The Partners agree that the following agencies are pre-existing Members and that such agencies are authorized to interconnect to the system once agreements are executed with the Partner that own their primarily used System asset/Infrastructure. The pre-existing Members and their primary Partner are as follows: 1. Banner Health Emergency City of Fort Collins 2. Berthoud Fire Department City of Loveland 3. Bureau of Reclamation City of Fort Collins 4. CSU Police Department City of Fort Collins 5. Estes Park Medical Center-EMS City of Fort Collins 6. Estes Park Police City of Fort Collins 7. Estes Park Public Works City of Fort Collins 8. Estes Valley Fire Protection District City of Fort Collins 9. Federal Protective Service City of Fort Collins 10. Loveland Fire Rescue Authority City of Loveland 11. McKee Medical Center City of Loveland 12. Northern Colorado Water Conservancy District City of Loveland 13. Platte River Power Authority City of Fort Collins 14. Poudre Fire Authority City of Fort Collins 15. Poudre School District City of Fort Collins 1 Packet Pg. 86 Attachment: Exhibit A (6636 : NCRCN IGA - RESO) 6 16. Poudre Valley Hospital-UCH City of Fort Collins 17. Thompson Valley EMS City of Loveland 18. Wellington Fire Department City of Fort Collins 19. Windsor/Severance Fire City of Fort Collins Such pre-existing Members are authorized under this Agreement to have interconnectivity with the system upon execution of an IGA with a Partner owning the Infrastructure they utilize the most. The Partners agree that any financial obligation of integrating these agencies into the System has already been addressed in their respective costs and no additional funding shall be required of such Members, except as outlined in their respective agreements. Nothing in this Agreement shall imply or convey upon a pre-existing Member, or Member added in the future, the right to maintain access to the System. Each Partner retains the right to revoke such connectivity and access to the System at any time if obligations of this Agreement or any individual agreements are not met. 11. Initial Transition of Funds The Parties acknowledge that this Agreement is replacing all previous Agreements controlling the structure and operations of the NCRCN. As such, the NCRCN currently has reserves in the amount of $113,959.70. The Parties agree that all NCRCN reserve funds shall be divided equally upon execution of this Agreement between the City of Fort Collins and the City of Loveland, thereby distributing $56,979.85, or whatever such amount is remaining split equally between to each of the aforementioned Cities. Such funds will be used by Loveland and Fort Collins specifically for the operation, maintenance and/or enhancement of the DTRS system at the specified sites outlined under Section 6 - “System”. 12. Notice Whenever a notice is either required or permitted to be given, it shall be given in writing and delivered personally, or delivered by the postal service, postage prepaid, to the other Party at the address indicated below, or at such other address as may be designated in writing by any Parties: City of Fort Collins: City Manager City of Fort Collins P.O. Box 580 Fort Collins, Colorado 80522-0580 Copy to: Chief of Police Fort Collins Police Services P.O. Box 580 1 Packet Pg. 87 Attachment: Exhibit A (6636 : NCRCN IGA - RESO) 7 Fort Collins, Colorado 80522-0580 City of Loveland: City Manager City of Loveland 500 E 3 rd St. Loveland, Colorado 80537 Copy to: Chief of Police City of Loveland 810 E 10 th St., Suite 100 Loveland, Colorado 80537 County: County Manager Larimer County P.O. Box 1190 Fort Collins, Colorado 80522 Copy to: Sheriff Larimer County 2501 Midpoint Drive Fort Collins, Colorado 80525 13. Jurisdiction of Entity Except as set forth in paragraph three (3) concerning the delegation of the authority to make decisions concerning the operation of the Regional System, nothing in this Agreement shall be construed to limit the authority or jurisdiction of any Partner or Member of the NCRCN. 14. Liability Each Partner and Member shall be responsible for any and all claims, damages, liability and court awards including costs, expenses and attorney fees incurred as a result of any action or omission of such Partner or Member or its officers, employees and agents in connection with the performance of this Agreement. Nothing in this Agreement shall be construed as a waiver of the notice requirements, defenses, immunities, and limitations any Partner or Member may have under the Colorado Governmental Immunity Act (Sec. 24-10- 101, C.R.S., et. seq.) or to any other defenses, immunities, or limitations of liability available to them by law. Each entity, which is a party to this Agreement, is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities or protections provided by §§24-10- 1 Packet Pg. 88 Attachment: Exhibit A (6636 : NCRCN IGA - RESO) 8 101 et seq., C.R.S., as from time to time amended, or otherwise available to the Entity, its officers, or its employees. 15. Appropriations All financial obligations of the parties to this Agreement, including but not limited to the funding obligations hereof, are subject to budgeting and appropriation of such funds by the governing body, of each Partner, each fiscal year. This agreement, shall not be construed to create a multiple fiscal year debt or other financial obligation. 16. Default/Remedies Except as otherwise provided herein, in the event any party should fail or refuse to perform according to the terms of this Agreement, such party will be in default. In the event a party is in default, there shall be a period of 20 days, within which the defaulting party may give written notice to cure said default. In the event the default remains uncorrected, the non-defaulting party may elect to avail itself of any other remedy at law or equity. 17. Termination Any Partner may terminate this Agreement at any time, without cause, upon one (1) year written notice to the other parties, or by January 1 of any year if such party’s governing body fails to appropriate sufficient funds for that year. Upon termination, each Partner shall retain possession of the portion of the System housed in/at its facilities or sites, and such facilities shall be removed from the System. Should a Partner terminate this agreement under the instant paragraph, the NCRCN shall dissolve unless the Executive Committee, excluding any Executive Committee member from the terminating agency, vote, by simple majority, to amend this IGA, permitting the NCRCN to survive without the terminating Partner. All members who have IGAs with the terminating Partner shall be removed unless they enter into a new IGA with a remaining partner within 60 days. 18. Non-waiver No waiver of any breach of this Agreement shall be held or construed to be a waiver of any subsequent breach thereof. 1 Packet Pg. 89 Attachment: Exhibit A (6636 : NCRCN IGA - RESO) 9 19. Assignment The parties may not assign any rights or delegate any duties under this Agreement without the written consent of all parties. 20. Entire Agreement This Agreement, along with all exhibits and other documents incorporated herein, shall constitute the entire agreement of the Partners and supersedes any prior agreement between the Partners and pre-existing Members. This Agreement shall inure to the benefit of their respective successors and assigns. Covenants or representations not contained in this Agreement shall not be binding on the parties. No amendment to this Agreement shall be enforceable unless in writing and signed by both parties. 21. Law/Severability This Agreement shall be governed in all respects by the laws of the State of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 22. Attorney’s Fees In the event that any Partner shall default under any of the provisions of this Agreement and the non-defaulting Partners shall commence litigation to enforce this Agreement, the defaulting Partner shall be liable for all costs, expenses and reasonable attorneys’ fees incurred by the non-defaulting Partners concerning such litigation. 23. Counterparts/ Electronic Signatures This Contract may be executed in counterparts, or by electronic signature in accordance with C.R.S 24-71.3-101 et seq. 1 Packet Pg. 90 Attachment: Exhibit A (6636 : NCRCN IGA - RESO) 10 SIGNATURE PAGE INTERGOVERNMENTAL AGREEMENT REGARDING THE NORTHERN COLORADO REGIONAL COMMUNICATIONS NETWORK (TOTAL PAGES OF AGREEMENT – 15) (TOTAL SIGNATURE PAGES – 3) Dated this ___________, 2018. CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: _________________________________ Darin A. Atteberry, City Manager Date: ________________________ ATTEST: ___________________________________ ______________________ City Clerk Date APPROVED AS TO SUBSTANCE: __________________________________ ______________________ Terry Jones, Chief of Police Date APPROVED AS TO FORM: _________________________________ ______________________ Assistant City Attorney Date 1 Packet Pg. 91 Attachment: Exhibit A (6636 : NCRCN IGA - RESO) 11 SIGNATURE PAGE INTERGOVERNMENTAL AGREEMENT REGARDING THE NORTHERN COLORADO REGIONAL COMMUNICATIONS NETWORK (TOTAL PAGES OF AGREEMENT – 15) (TOTAL SIGNATURE PAGES – 3) Dated this ___________, 2018. CITY OF LOVELAND, COLORADO By: _________________________________ Steve C Adams, City Manager Date: ________________________ ATTEST: ___________________________________ ______________________ City Clerk Date APPROVED AS TO SUBSTANCE: __________________________________ ______________________ Bob Ticer, Chief of Police Date APPROVED AS TO FORM: _________________________________ ______________________ Assistant City Attorney Date 1 Packet Pg. 92 Attachment: Exhibit A (6636 : NCRCN IGA - RESO) 12 SIGNATURE PAGE INTERGOVERNMENTAL AGREEMENT REGARDING THE NORTHERN COLORADO REGIONAL COMMUNICATIONS NETWORK (TOTAL PAGES OF AGREEMENT – 15) (TOTAL SIGNATURE PAGES – 3) Dated this ___________, 2018. LARIMER COUNTY By: _________________________________ County Manager Date: ________________________ ATTEST: ___________________________________ ______________________ City Clerk Date APPROVED AS TO SUBSTANCE: __________________________________ ______________________ Date APPROVED AS TO FORM: _________________________________ ______________________ County Attorney Date 1 Packet Pg. 93 Attachment: Exhibit A (6636 : NCRCN IGA - RESO) 13 EXHIBIT A TO NCRCN IGA AGREEMENT CONCERNING MEMBER CONTRIBUTION TO THE NORTHERN COLORADO REGIONAL COMMUNICATION NETWORK (NCRCN) ASSOCIATED PARTNER AGENCY THIS AGREEMENT, made and entered into this ____ day of ____________, 201_, by and between the [Insert Partner Agency], [a Colorado municipal corporation] [a political subdivision of the state of Colorado] (“the City” [the County]) and the [member agency] (“___”). WHEREAS, the NCRCN Partner Agency [insert Partner Agency] desires to provide effective communication with other Member Agencies; and WHEREAS, the NCRCN was created via Intergovernmental Agreement between three Partner Agencies which include, the City of Fort Collins, Larimer County, and the City of Loveland; and WHEREAS, [insert relevant member agency] desires to maintain access to the NCRCN and falls under the primary coverage of [insert relevant Partner agency]; and WHEREAS, [insert relevant Partner agency] desires to receive an annual member contribution in an effort to maintain and grow the Partner agencies communication assets for the benefit of both the partner agency and the member agency. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. Term: The term of this agreement shall begin on ___________, and shall be automatically renewed yearly from the date of execution of this agreement, unless terminated sooner as provided herein. 2. Price: As a Partner Agency, the Member Agency shall pay _____ per year to Partner Agency for access to the NCRCN. The aforementioned amount was calculated using an agreed upon method by the Executive Committee for the NCRCN. Said price is subject to change every year based upon the method for calculation utilized by the NCRCN Executive Committee which may include costs to repair or upgrade the site/system infrastructure and/or add new functionality to the NCRCN sites. 3. Services: Member agency, upon yearly payment due within thirty (30) days of automatic renewal or thirty (30) days of execution for the first year, shall have access to the entire NCRCN as a Member Agency. 4. Member Obligation: All provisions of the 2018 NCRCN agreement are hereby incorporated and hereby made a part of this Agreement. 5. Equipment and Responsibility: The Partner Agencies remain responsible for all maintenance of the Partner Agencies network infrastructure. Member Agency is responsible for ensuring that communication devices utilized by the Member Agency are capable of sending and receiving signals and otherwise compatible with the infrastructure equipment utilized by the Partner Agencies. The Member Agency is also responsible for ensuring that 1 Packet Pg. 94 Attachment: Exhibit A (6636 : NCRCN IGA - RESO) 14 communication devices utilized by the Member Agency are in good working condition. 6. Appropriation: The Partner Agencies are all governmental entities; therefore, this agreement shall be subject to annual appropriations pursuant to Article X, Section 20 of the Colorado Constitution. If Partner Agency does not receive appropriated funds sufficient to participate in this agreement, the agreement shall automatically terminate at the end of such current fiscal period for which funds have been allocated, without penalty to the Partner Agency. Such termination shall not constitute an event of default under any other provision of this Agreement, and the parties shall be obligated to pay all charges incurred through the end of the current fiscal period. The non-appropriating party shall give written notice of such unavailability of funds not later than thirty (30) calendar days after it receives notice of such unavailability. 7. Liability: The parties, to the extent permitted by federal and state law, shall be liable for the acts or omissions of its respective personnel. Nothing herein shall be deemed a waiver of the notice requirements, defenses, immunities and limitations of liability that the parties and their respective officers and employees may have under the Colorado Governmental Immunity Act (C.R.S. Section 24-10-101, et seq.) and under any other law. Each Party, to the extent permitted by law, waives all claims and causes of action against the other Parties for compensation, damages, personal injury or death occurring as a consequence, direct or indirect, of the performance of this Agreement. Each Party shall be liable for any worker's compensation claims filed by its respective personnel arising from injuries sustained as a result of performance under this Agreement. 8. Relationship of the Parties: The Parties hereto enter into this Agreement as separate and independent entities and each shall maintain that status throughout the term of this Agreement. 9. Good Faith Dispute Resolution: If there is any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination or invalidity thereof, the Participating Agencies agree to discuss, in good faith, amendments to this Agreement and/or other possible resolutions. Accordingly, the Parties will first elevate the disputed issues to the respective supervisors, and if the matters are not resolved, the Parties may then engage in mediation or other non-binding dispute resolution methods. 10. Governing Law and Venue: This Agreement is made in and shall be construed and interpreted in accordance with the laws of the State of Colorado and venue will be in Larimer County, Colorado. 11. Severability: If any provision of this Agreement, or the application of such provision to any person, entity or circumstance, is held invalid, the remainder of this Agreement, or the application of such provision to persons, entities, or circumstances other than those in which it is held invalid, shall not be affected. 12. Waiver: No waiver by any of the Parties of any of the terms and conditions of this Agreement shall be deemed to be or be construed as a waiver of any other term or condition of this Agreement, nor shall a waiver of any breach of this Agreement be deemed to constitute a waiver of any subsequent breach of the same provision of this Agreement. 13. Force Majeure: Notwithstanding anything contained herein to the contrary, it is agreed that 1 Packet Pg. 95 Attachment: Exhibit A (6636 : NCRCN IGA - RESO) 15 in the event and to the extent that fire, flood, earthquake, natural catastrophe, explosion, accident, war, illegality, act of God, or any other cause beyond the control of any of the Parties hereto, or strikes and labor troubles (whether or not within the power of the party affected to settle the same) prevents or delays performance by any party to this Agreement, such party shall be relieved of the consequences thereof without liability, so long as and to the extent that performance is prevented by such cause; provided, however, that such party shall exercise due diligence in its efforts to resume performance within a reasonable period of time. 14. Authority: The persons who sign and execute this Agreement represent that they are duly authorized to execute this Agreement in their individual or representative capacity. 15. Assignment: This Agreement shall not be assigned by any of the Parties hereto without the prior written consent of the other Parties. 16. Counterpart Signatures: The parties agree that counterpart signatures of this Agreement shall be acceptable and that execution of the Agreement in the same form by each and every party shall be deemed to constitute full and final execution of the Agreement. 1 Packet Pg. 96 Attachment: Exhibit A (6636 : NCRCN IGA - RESO) Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY April 3, 2018 City Council STAFF Gerry Paul, Director of Purchasing & Risk Management John Phelan, Energy Services Manager Ryan Malarky, Legal SUBJECT Resolution 2018-033 Approving an Exception to the Use of a Competitive Process for an Agreement with Itron Distributed Energy Management, Inc. for Demand Response Services. EXECUTIVE SUMMARY The purpose of this item is to request an exception to the use of a competitive bid or proposal process to pursue an agreement with Itron (formerly Comverge) to continue to provide operations, software support and field services in support of the Peak Partners demand response program. Exception to Competitive Bid or Proposal Rationale: 8-161(d)(1)b. Although there exists more than one responsible source a competitive process cannot reasonably be used or, if used will result in a substantially higher cost to the City, will otherwise injure the City’s financial interest, or will substantially impede the City’s administrative functions or the delivery of services to the public. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The Peak Partners portfolio manages electric water heaters, residential air conditioning thermostats and commercial operations as distributed energy resources to control peak demand and to perform load shifting operations. Itron provides a near turn-key solution including software hosting, software maintenance, call center, marketing, creative services and customer communications, plus field services for hardware installation and maintenance. This program also allows pairing of Zigbee devices (in-home-displays) for real time feedback on energy usage and overall energy use monitoring. Limited electric vehicle fleet charging stations controls were added to the system in 2017. In December 2013, the City selected Comverge through a competitive purchasing process. Comverge has continued to provide services under that agreement. In 2017, Itron acquired Comverge and assumed responsibility for providing said services. That agreement is set to expire in December 2018. This exception will allow Fort Collins Utilities to negotiate a scope of work with Itron for 2019 and 2020 without undertaking a competitive purchasing process, which aligns with a core budget offer. Moving ahead with a contract with Itron beyond 2018 will be dependent upon budget approval. In support of this exception, impacts of switching vendors include: 12 Packet Pg. 97 Agenda Item 12 Item # 12 Page 2 • The equipment deployed in the field (thermostats and water heater controllers) cannot be managed by any other vendor. • Approximately 4,000 assets would be stranded in the field -with about 10 years of remaining lifetime. • Loss of a perpetual license to the IntelliSOURCE platform including all paid customization work completed over the last four years to align with specific needs. • Approximately 2,000 customers with thermostats will lose their online portal (aka “app”) functionality. Approximately 100,000 portal sessions per year have been observed with existing customers. • Replacement of the whole system would cost in excess of $4 million, with an added disadvantage of having to manage multiple platforms and contracts because Itron is the only known vendor that can manage thermostats, water heaters and commercial customers in a demand response program. CITY FINANCIAL IMPACTS The annual cost for 2018 under the current agreement is approximately $594,655 and the funds are appropriated and available. To reduce ongoing program costs, efficiency improvements have been implemented in 2018, including: 1. Reduced Itron field service personnel from 2 to 1 (savings of $50,000/year) 2. Reduced service level at the Itron call center (savings of $20,000/year) 3. With the advent of Time of Day rates in October (TOD), discontinuing the $4 per month incentive to water heater participants in favor of automated load shifting. As noted above, future agreements with Itron including the level of services and annual cost are dependent upon the outcome of the 2019 / 2020 BFO process. 12 Packet Pg. 98 -1- RESOLUTION 2018-033 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN EXCEPTION TO THE USE OF A COMPETITIVE PROCESS FOR AN AGREEMENT WITH ITRON DISTRIBUTED ENERGY MANAGEMENT, INC. FOR DEMAND RESPONSE SERVICES WHEREAS, Section 8-161(d)(1)(b) of the City Code authorizes the Purchasing Agent to negotiate the purchase of supplies and services without utilizing a competitive bidding or proposal process where the Purchasing Agent determines that although there is more than one source, the competitive process cannot reasonably be used, or if used will result in a substantially higher cost to the City, will otherwise injure the City’s financial interests or will substantially impede the City’s administrative functions or the delivery of services to the public; and WHEREAS, in 2013, the City utilized a competitive process to select Comverge, Inc. (“Comverge”) to provide demand response services for the City’s Peak Partners energy conservation program (the “Services”); and WHEREAS, Comverge provided the Services until 2017, when it was acquired by Itron Distributed Energy Management, Inc. (“Itron”); and WHEREAS, in 2017, Itron assumed Comverge’s rights and obligations under the City’s agreement with Comverge, and continues to provide the Services to the City; and WHEREAS, the City desires to continue to utilize the Services provided by Itron, which is in the City’s best interest and will save significant time and cost; and WHEREAS, the City’s current agreement with Itron is set to expire in December 2018, and City staff desire to negotiate with Itron for a scope of work for 2019 and 2020, and subject to appropriation, enter into an agreement with Itron without undertaking a competitive purchasing process; and WHEREAS, the annual cost for the Services in 2018 is approximately $594,655, and said funds are appropriated and available; and WHEREAS, funding for any agreement with Itron for 2019 and 2020 is expected to exceed $200,000 and will be requested through the Budgeting for Outcomes (“BFO”) process; and WHEREAS, the City’s Purchasing Agent has determined that although there is more than one source for demand response services, the competitive process, if used, would result in a substantially higher cost to the City, would otherwise injure the City’s financial interests, and would substantially impede the City’s administrative functions or the delivery of services to the public; and WHEREAS, the City Purchasing Agent and other City staff recommend the adoption of this Resolution; and Packet Pg. 99 -2- WHEREAS, Section 8-161(d)(3) of the City Code requires prior approval of this purchasing method by the City Council for all procurements which exceed $200,000. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby approves the negotiation and execution of an agreement with Itron for 2019 and 2020, as an exception to the City’s competitive purchasing process requirements, for the reasons set forth herein. Any agreement shall be subject to the BFO process and appropriation by City Council. Section 3. That the Purchasing Agent may use this approval, as authorized in City Code Section 8-161(d)(4), as the basis for negotiating the additional purchase of services from Itron for up to five one-year terms extending through December 2023. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd day of April, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 100 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY April 3, 2018 City Council STAFF Carrie Daggett, City Attorney SUBJECT Resolution 2018-034 Adopting Amended Rules of Procedure Governing the Conduct of City Council Meetings and Council Work Sessions. EXECUTIVE SUMMARY The purpose of this item is to update the Rules of Procedure to clarify that the City Manager may remove items from the Consent Calendar, provide parameters for the use of recording equipment during Council meetings and to manage the use of the City’s display equipment in Council chambers by requiring citizens who wish to display materials for Council’s consideration to provide the materials to the City Clerk no later than 2 hours before the beginning of the Council meeting. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Since 2003, the Council has conducted its meetings under rules of procedure that govern the length of meetings, citizen comment, Council questions and debate, and basic rules of order. These Rules of Procedure have been amended on occasion to reflect changes, refinements, and clarifications to the procedures, and were most recently amended in 2017. In summary, the revisions to the Rules of Procedure: • Allow the City Manager to remove items from the Consent Calendar, along with City Councilmembers and members of the public. Any items removed from the Consent Calendar by the City Manager will be considered at the same time as Council-Pulled Consent Items. • Require citizens who wish to display presentation materials using the City’s display equipment under Citizen Participation or during discussion of a Council item to provide those materials to the City Clerk in a format readily usable on the City’s display system no later than two hours prior to the beginning of the Council meeting. This requirement is proposed to manage the display of materials by citizens in a way that is not distracting, disrupting or delaying a meeting. o If the display materials are in conjunction with a quasi-judicial proceeding, such as appeals of Board decisions, Addition of Permitted Use applications, protest hearings regarding redistricting or election matters, the materials must be provided to the City Clerk no later than noon of the meeting day when the item is scheduled to be considered, or 4:00 p.m. the business day prior to the meeting if the meeting begins earlier than 6:00 p.m. • Allow members of the public or press to create video or audio recordings during a Council meeting only if the person making the recording is using a small unobtrusive recording device and is seated or 13 Packet Pg. 101 Agenda Item 13 Item # 13 Page 2 standing at the podium speaking to Council, waiting in line to speak, or is standing in the back of the room behind all seated persons. ATTACHMENTS 1. Council Procedures (redlined version) (PDF) 13 Packet Pg. 102 Rules of Procedure Governing the Conduct of City Council Meetings and Work Sessions Adopted February 7, 2017 Resolution 2018-7-017 Section 1. Order of Business for Regular or Special Council Meetings. a. Council business at regular Council meetings shall be conducted in the following order (except as provided in Subsection 1.c, 1.d, 1.e or 1.f, below): (1) Proclamations and Presentations. (Prior to the meeting) (2) Pledge of Allegiance (3) Call Meeting to Order (4) Roll Call (5) City Manager’s Agenda Review (including removal of items from Consent Calendar for individual discussion) (6) Opportunity for City Council to Pull Consent Items (7) Opportunity for Citizens to Pull Consent Items (8) Citizen Participation (9) Citizen Participation Follow-up (10) Consent Calendar (11) Consent Calendar Follow-up (12) Staff Reports (13) Councilmember Reports (14) City Manager/Council-Pulled Consent Items (15) Items Needing Individual Consideration (16) Citizen-Pulled Consent Items (17) Other Business (18) Adjournment b. Council business at special Council meetings shall be conducted in the following order (except as provided in Subsection 1.c, 1.d, 1.e or 1.f, below): (1) Pledge of Allegiance (2) Call Meeting to Order (3) Roll Call (4) Individual Consideration of Items Identified in the Call of Special Meeting (5) Adjournment c. Appeals to Council shall be conducted in accordance with Division 3 of Article II of Chapter 2 of the City Code. d. Addition of a Permitted Use applications pursuant to Land Use Code Section 1.3.4(c)(3) and zonings and rezonings of land with an area of six hundred forty acres or less (“Quasi-judicial Rezonings”), shall be conducted as follows subject to ATTACHMENT 1 13.1 Packet Pg. 103 Attachment: Council Procedures (redlined version) (6614 : Council Procedures) City Council Rules of Procedure (February 7, 2017) 2 such limitations in time and scope as may be imposed at the discretion of the presiding officer: (1) Announcement of Item; (2) Consideration of any procedural issues; (3) Explanation of the application by City staff; (4) Presentation by the applicant; (5) Public testimony regarding the application; (6) Rebuttal testimony by the applicant; (7) Councilmember questions of City staff, the applicant and other commenters; and (8) Motion, discussion and vote by the City Council. e. Protest hearings pursuant to City Code Section 7-88 (regarding re-districting) and Section 7-156 (regarding ballot title and/or submission clause) shall be conducted in the following order, as part of the agenda item for the item under protest: (1) Announcement of Item; (2) Staff Presentation for Agenda Item; (3) Presentation by each person who timely filed a Protest; (4) Councilmember questions of City staff and the protesting parties; and (5) Motion on each Protest, discussion and vote on each Protest the by the City Council. After completion of the Protest Hearing, Council will return to the Agenda Item and receive citizen comments from any persons desiring to speak on the Agenda Item. f. Procedures for conduct of other types of special proceedings by the Council shall be established by the presiding officer and shall comply with any applicable legal requirements. Section 2. Length of Regular Meetings a. Regular Council meetings will begin at 6:00 p.m. Proclamations will be presented prior to the meeting at approximately 5:30 p.m., and will end no later than 6:00 p.m. b. Appropriate breaks will be taken during meetings at the presiding officer’s discretion based on meeting length and agenda. c. Every regular 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 Council may, at any time prior to adjournment, by majority vote, extend a meeting until no later than midnight for the purpose of considering additional items of business. 13.1 Packet Pg. 104 Attachment: Council Procedures (redlined version) (6614 : Council Procedures) City Council Rules of Procedure (February 7, 2017) 3 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 on the discussion agenda for such meeting, unless Council determines otherwise. Section 3. Citizen Comment During Regular and Special Council Meetings. a. Comment during Citizen Participation. During the “Citizen Participation” segment of each meeting, citizen comment will be allowed on matters of interest or concern to citizens except the following: (1) items the Council will consider at that night’s meeting that include time for citizen comment (discussion items); (2) matters that are the subject of a board or hearing officer decision that will be appealable to the Council, if a submittal has been made to initiate the decision--making process. b. Comment on Agenda Items. Citizen input will be received with regard to: (1i) each item on the discussion agenda; (2ii) each item pulled from the consent agenda; and (3iii) any item that is addressed by formal Council action under the “Other Business” segment of the meeting that may directly affect the rights or obligations of any member of the general public. Such citizen input will be permitted only once per item regardless of the number of motions made during Council’s consideration of the item. c. Time Limits for Speaking. The amount of time to be allotted to each speaker will be set by the presiding officer based upon the number of persons expected to speak, in order to allow as many as possible to address the Council within a reasonable time given the scheduled agenda. The presiding officer may ask those intending to speak to indicate their intention by a show of hands or some other means, and to move to one of the two lines of speakers (or to a seat nearby for those not able to stand while waiting). Each speaker will generally be limited to three minutes. If necessary in order to facilitate Council’s understanding of the item, or to allow the Council to consider and act upon the item in a timely fashion, the 13.1 Packet Pg. 105 Attachment: Council Procedures (redlined version) (6614 : Council Procedures) City Council Rules of Procedure (February 7, 2017) 4 presiding officer may increase or decrease the time that would otherwise be allowed for each speaker. d. Manner of Addressing the Council. Comment and testimony are to be directed to the Council. Unless otherwise directed by the presiding officer, all comments must be made into the microphone. e. Yielding the Lectern. Each speaker shall promptly cease his or her comments and yield the lectern immediately upon the expiration of the time allotted by the presiding officer. f. Yielding of Time. No speaker may yield part or all of his or her time to another speaker, and no speaker will be credited with time requested but not used by another. g. Citizen Presentation Materials and Evidence. The use of City projection equipment to display presentation materials to Council will be allowed in limited circumstances that permit City staff to manage the use of the equipment, prepare materials for display and avoid delay or disruption to the meeting. The following limits will apply to all presentations by members of the public: (1) 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. (2) As an exception to subsection (1), parties-in-interest in agenda items considered under Section 1.c, 1.d, 1.e or 1.f, above, shall provide all presentation materials to be displayed or proffered for Council consideration to the City Clerk (whether in hard copy or for display) in the manner specified by the City Clerk no later than noon on the day of the meeting at which the subject item is scheduled for consideration or 4:00 p.m. the business day prior to the meeting if the meeting begins earlier than 6:00 p.m. Any such materials must be in a form or format readily usable on the City’s display technology. NOTE: Parties in appeals to Council may present new evidence only in the limited circumstances set forth in Chapter 2 of the City Code. Section 4. Public Conduct During Regular and Special Council Meetings and Work Sessions. 13.1 Packet Pg. 106 Attachment: Council Procedures (redlined version) (6614 : Council Procedures) City Council Rules of Procedure (February 7, 2017) 5 a. General Comment, or Expressions of Support or Opposition. Members of the audience are not entitled to speak except as provided in these Rules of Procedure, or as expressly requested by the presiding officer or City staff, and shall not engage in expressions of support or opposition, such as clapping, whistling, cheering, foot stomping, booing, hissing, speaking out, yelling, or other acts, that disturb, disrupt, or impede the meeting or any recognized speaker. b. Signs and Props. (1) Signs and props no larger than 11" x 17" are permitted in the City Council Chambers or in the Council Information Center or other Council meeting room (collectively referred to as the “Meeting Room”), except no such signs or props shall be displayed during the conduct of a quasi-judicial hearing during which general public comment is not taken other than by authorized speakers in connection with their hearing testimony. (2) Such signs or props must be held directly in front of one's body so as not to impede the view of others. (3) Signs or props may not be waved, held by more than one person at a time, or used in a manner that, in the judgment of the presiding officer, disrupts the orderly conduct of business. (4) Signs or props may not be left unattended anywhere in the Meeting Room or left unattended on display in the City Hall lobby area. (5) Signs or props attached to sticks, poles, or other objects are prohibited. c. Distribution of Literature. Distribution of fliers or other literature is permitted in the public lobby areas of City Hall only when City Hall is open for a public event. Distribution of fliers and other literature is permitted on the sidewalks and grounds around City Hall. Persons wishing to engage in such activities may do so only in a manner that does not interfere with the movement of persons or obstruct the passage of pedestrians or vehicles. d. Video and Audio Recording. Video and audio recording by the press or other members of the public is permitted in the Meeting Room only if the person making the recording is using a small unobtrusive recording device and is seated or standing at a speaker lectern when authorized to speak, or in line awaiting an opportunity to speak, or is either standing in the back of the Meeting Room behind all seated persons, or standing in any other area pursuant to the direction of the presiding officer in his or her reasonable discretion or designated for that purpose in advance by the City. e. Areas Permitted for Seating and Standing. Except for persons waiting in 13.1 Packet Pg. 107 Attachment: Council Procedures (redlined version) (6614 : Council Procedures) City Council Rules of Procedure (February 7, 2017) 6 line to speak in accordance with the presiding officer’s instructions, no persons shall sit in the Meeting Room except in chairs or seats provided by the City or in wheelchairs or other assistive devices, and no persons shall stand in the aisles or other locations in the Meeting Room except in the back of the Meeting Room, and only in accordance with other applicable limits for fire and building safety. Section 5. Procedural Decisions Subject to Modification by Council. Decisions by the presiding officer regarding procedures and procedural issues, including but not limited to time limits for public comment, may be overridden by a majority vote of the Council. Section 6. Council Questions and Debate. Council questions and debate regarding an agenda item during a regular or special Council meeting will occur immediately following citizen input and prior to entertaining any main motion related to the item. Except when raising a point of order at a regular or special Council meeting, Councilmembers seeking to ask questions or participate in debate or discussion will do so only when recognized by the presiding officer. The presiding officer may limit or curtail questions or debate as he or she deems necessary for the orderly conduct of business. Section 7. Basic Rules of Order for Regular and Special Council Meetings. The following commonly used rules of order will govern the conduct of City Council business at regular and special Council meetings. Except as specifically noted, all motions require a second. These rules of order are based upon Robert’s Rules of Order Newly Revised and have been modified as necessary to conform to existing practices of the Council and to the requirements of the City Charter. For example, while a two-thirds vote is necessary for the passage of some of the motions listed below under Robert’s Rules of Order, all motions of the Council, except a motion to go into executive session or a motion to adopt an emergency ordinance, may be adopted upon approval of a majority vote of the members present at a Council meeting, pursuant to Art. II, Sec. 11 of the City Charter. If there is a question of procedure not addressed by these rules, reference may be made to Robert’s Rules of Order for clarification or direction, however, adherence to Robert’s Rules of Order shall not be mandatory, and, in the event of any conflict between these rules of order and Robert’s Rules of Order, these rules of order shall prevail. In the event of any conflict between these rules of order or Robert’s Rules of Order and a City Charter or City Code provisions, the City Charter or City Code provision shall prevail. Any councilmember and the presiding officer may make or second any motion, except as specifically limited by these rules. MAIN MOTIONS • Main motions are used to bring business before the Council for consideration and action. 13.1 Packet Pg. 108 Attachment: Council Procedures (redlined version) (6614 : Council Procedures) City Council Rules of Procedure (February 7, 2017) 7 • A main motion can be introduced only if no other business is pending. • All main motions require a second and may be adopted by majority vote of those Councilmembers present and voting, except that: (1) a motion to go into executive session requires a two-thirds vote of those present and voting and (2) a motion to adopt an emergency ordinance requires the affirmative vote of at least five (5) Councilmembers for approval. • A main motion may be made or seconded by any Councilmember, including the presiding officer. • A main motion is debatable and may be amended. SUBSIDIARY MOTIONS These are motions that may be applied to another motion for the purpose of modifying it, delaying action on it, or disposing of it. 1. Motion to Amend. The point of a motion to amend is to modify the wording - and, within certain limits, the meaning - of a pending motion before the pending motion itself is acted upon. • A motion to amend, once seconded, is debatable and may itself be amended once. • A "secondary amendment," which is a change to a pending "primary amendment," cannot be amended. • Once a motion to amend has been seconded and debated, it is decided before the main motion is decided. • Certain motions to amend are improper. o For example, an amendment must be “germane” to be an order. To be germane, an amendment must in some way involve the same question that is raised by the motion to which it is applied. o Also, some motions to amend are improper, for example, a motion that would merely make the adoption of the amended question equivalent to a rejection of the original motion, or one that would make the question as amended identical with, or contrary to, one previously decided by the Council during the same session. • “Friendly” amendments acceptable to the maker and the seconder of the main motion do not require a second and are permissible at any time before a vote is taken on motions to amend the main motion. 2. Withdrawal of a Motion. After a motion has been seconded and stated by the presiding officer it belongs to the Council as a whole and the maker may withdraw his or her motion unless one or more members of the Council objects, in which case the majority of the Council must consent to withdrawal of the motion. 3. Motion to Postpone to a Certain Time (or Definitely). This is the motion by which action on an agenda item or a pending motion can be put off to a definite day, meeting or hour, or until after a certain event has occurred. 13.1 Packet Pg. 109 Attachment: Council Procedures (redlined version) (6614 : Council Procedures) City Council Rules of Procedure (February 7, 2017) 8 • A motion to postpone definitely can be debated only to the extent necessary to enable the Council to determine whether the main motion should be postponed and, if so, to what date or time. • Similarly, it is amendable only as to the date or time to which the main motion should be postponed. 4. Motion to Lay on the Table. A motion to table is intended to enable the Council to lay the pending question aside temporarily, but only when something else of immediate urgency has arisen. • Adoption of a motion to lay on the table immediately halts the consideration of the affected motion, since a motion to table is neither debatable nor amendable. 5. Motion to Postpone Indefinitely. A motion to postpone indefinitely is, in effect, a motion that the Council decline to take a position on an agenda item or main motion. • Adoption of a motion to postpone indefinitely kills the agenda item or main motion and avoids a direct vote on the item or motion. It is useful in disposing of an item or motion that cannot either be adopted or expressly rejected without undesirable consequences. • A motion to postpone indefinitely is debatable but not amendable. 6. “Calling the Question”. "Calling the question" may sometimes motivate unanimous consent to end debate. If it does not, however, then debate does not automatically end. • If any member objects to ending the debate, the presiding officer should ask if there is a second to the motion and, if so, he must immediately take a vote on whether to end debate. • A motion to call the question is not debatable or amendable. INCIDENTAL MOTIONS. These are motions which usually apply to the method of conducting business rather to the business itself. 1. Point of Order. If a Councilmember thinks that the rules of order are being violated, he or she can make a point of order, thereby calling upon the presiding officer for a ruling and an enforcement of the regular rules. • A “point of order” takes precedence over any pending question out of which it may arise and does not require a second. • A “point of order” is not amendable. • Technically, a “point of order” is not debatable; however: o With the presiding officer's consent, the member raising the point of order may be permitted to explain his or her point. 13.1 Packet Pg. 110 Attachment: Council Procedures (redlined version) (6614 : Council Procedures) City Council Rules of Procedure (February 7, 2017) 9 o In response to a point of order, the presiding officer can either immediately rule, subject to appeal to the Council, or the presiding officer can refer the point of order to the judgment of the Council, in which case the point becomes debatable. o In making his or her ruling, the presiding officer may consult with the City Attorney or request the advice of experienced members of the Council. o No member has the right to express an opinion unless requested to do so by the presiding officer. • When the presiding officer has made a ruling, any two Councilmembers can appeal the ruling (one making the appeal and the other seconding it). o When an appeal is taken, the matter is decided by majority vote of the Council. o A tie vote sustains the decision of the presiding officer. • If a point of order is to be raised, it must be raised promptly at the time the perceived violation of the rules occurs. 2. Point of Information. Robert’s Rules of Order provides for a “point of information” or a “request for information” which is appropriate in the formal setting of a large legislative body. Because Council consideration of an item is generally an opportunity to request information and ask questions, the formal “point of information” procedure provided in Robert’s Rules is not needed or appropriate for City Council meetings. 3. Motion to Divide a Question. If a motion relating to a single subject contains several parts, each of which is capable of standing as a complete proposition by itself, the parts of the motion can be separated for consideration and voted on as if they were distinct questions by the adoption of a motion for division of the question. • A motion to divide a question, if seconded, takes precedence over the main motion and is not debatable. • The motion to divide must clearly state the manner in which the question is to be divided, and while the motion to divide is pending, another member can propose a different division by moving an amendment to the motion to divide, in which case the amended form of the motion, if seconded, would be decided first. • Often, little formality is involved in dividing a question, and it is arranged by unanimous consent. 4. Motion to Suspend the Rules. When the Council wishes to do something that it cannot do without violating one or more of its regular rules, it can adopt a motion to suspend the rules that interfere with the proposed action. • A motion to suspend the rules can be made at any time that no question is pending and can be applied to any rule except those that are fundamental principles of the City Charter, City Code or other applicable laws. • This motion is neither debatable nor amendable. 13.1 Packet Pg. 111 Attachment: Council Procedures (redlined version) (6614 : Council Procedures) City Council Rules of Procedure (February 7, 2017) 10 RESTORATIVE MOTIONS These are motions that bring a question again before the Council for its consideration. 1. Motion to Take from the Table. The object of this motion is to take from the table and make pending again before the Council a motion or series of adhering motions that previously had been laid on the table. • A motion to take an item from the table is neither debatable nor amendable. • When a question is taken from the table, it is before the Council with everything adhering to it, exactly as it was when laid on the table. 2. Motion to Reconsider. This motion enables a majority of the Council to bring back for further consideration a motion which has already been voted on. • A motion to reconsider is in order only if made on the same date that the vote to be reconsidered was taken, and can be made only by a member who voted with the prevailing side of the vote to be reconsidered. • The purpose of reconsidering a vote is to permit the correction of hasty, ill-advised, or erroneous action, or to take into account added information or a changed situation that has developed since the taking of a vote. • When a member who cannot make a motion for reconsideration believes that there are valid reasons for one, he or she can try, if there is time or opportunity, to persuade someone who voted with the prevailing side to make such a motion. • A motion to reconsider is debatable whenever the motion proposed to be reconsidered was debatable. And, when debatable, opens to debate the merits of the question to be reconsidered. • A motion to reconsider is not amendable. • The effect of the adoption of a motion to reconsider is that the question on which the vote was reconsidered is immediately placed before the Council in the exact position it occupied the moment before it was voted on originally. 3. Motion to Rescind or Amend Something Previously Adopted. By means of the motions to rescind or to amend something previously adopted, the Council can change an action previously taken or ordered. • A motion to rescind or amend something previously adopted is debatable and amendable. • In contrast to a motion to reconsider, there is no time limit on making a motion to rescind or a motion to amend something previously adopted (provided that no action has been taken by anyone in the interim that cannot be undone), and these motions can be moved by any member of the Council, regardless of how he or she voted on the original question. • The effect of passage of this motion is not to place the matter back before the assembly as it was just prior to a vote being taken. o Instead, it either entirely nullifies the previous action or modifies it, 13.1 Packet Pg. 112 Attachment: Council Procedures (redlined version) (6614 : Council Procedures) City Council Rules of Procedure (February 7, 2017) 11 depending upon which motion is used. o For that reason, adoption of a motion to rescind or amend something previously adopted should be carefully considered if third parties may have relied to their detriment on the previous action. • In order to modify an adopted ordinance, Council must adopt a new ordinance making the desired modification, in compliance with all formalities applicable to adoption of an ordinance. PRIVILEGED MOTIONS These motions are of such urgency or importance that they are entitled to immediate consideration, even when another motion is pending. This is because these motions do not relate to the pending business but have to do with special matters of immediate and overriding importance which, without debate, should be allowed to interrupt the consideration of anything else. 1. Motion to Adjourn. Generally the presiding officer adjourns the meeting at his or her discretion at the completion of the agenda. However, any Councilmember may move to adjourn the meeting at any time. • A motion to adjourn requires a second. • A motion to adjourn is always a privileged motion except when the motion is conditioned in some way, as in the case of a motion to adjourn at, or to, a future time. o Such a conditional motion is not privileged and is treated just as any other main motion. o A conditional motion to adjourn at or to a future time is always out of order while business is pending. • An unconditional, privileged motion to adjourn takes precedence over most other motions. • The privileged motion to adjourn is neither debatable nor amendable, while a conditioned motion to adjourn is debatable and may be amended. 2. Motion to Recess. A motion to recess is essentially a motion to take a break during the course of a Council meeting. • A motion to recess must be seconded. o A motion to recess that is made when no question is pending is a main motion and should be treated as any other main motion. o A motion to recess is said to be privileged if it is made when another question is pending, in which case it takes precedence over all subsidiary and incidental motions and most other privileged motions. It is not debatable and is amendable only as to the length of the recess. • After a recess, the meeting resumes when the presiding officer has called the meeting back to order. 13.1 Packet Pg. 113 Attachment: Council Procedures (redlined version) (6614 : Council Procedures) -1- RESOLUTION 2018-034 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING AMENDED RULES OF PROCEDURE GOVERNING THE CONDUCT OF CITY COUNCIL MEETINGS AND COUNCIL WORK SESSIONS WHEREAS, the City Council has previously adopted certain Rules of Procedure Governing the Conduct of City Council Meetings (the “Rules of Procedure”), which Rules of Procedure have been amended from time to time by the Council; and WHEREAS, the City Council wishes to further amend the Rules of Procedure to clarify that the City Manager may also remove items from the Consent Calendar, in addition to Councilmembers and members of the public; and WHEREAS, in addition, the use of meeting room equipment to display presentations, photos, videos and other materials has become increasingly frequent, and the time and effort required to manage this activity is distracting and can cause delays and disruption to a Council meeting if arrangements are not made in advance for such displays; and WHEREAS, in order to properly protect and manage the City’s technology it is necessary for materials to be provided to the City Clerk a sufficient time in advance of the Council meeting; and WHEREAS, there has also been an increase in the use of cellphone and other small recording devices to record portions of Council meetings, and the Council desires to provide more latitude for the use of small, unobtrusive recording equipment in the Council chambers; and WHEREAS, the Rules of Procedure are intended to promote the orderly and efficient conduct of the meetings; and WHEREAS, the revision of the Rules of Procedure to address the issues noted herein, as set forth in Exhibit A, will improve the conduct of Council meetings and provide clarity for the public; and WHEREAS, the City Council believes that such regulations are 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. Packet Pg. 114 -2- Section 2. That the revised Rules of Procedure Governing the Conduct of City Council Meetings and Work Sessions (“Rules of Procedure”), attached hereto as Exhibit “A” and incorporated herein by this reference, are hereby adopted by the City Council: Section 3. That the Rules of Procedure shall supersede all previous rules of procedure that have heretofore have been adopted by the City Council including, but not limited to, Resolution 2017-017. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd day of April, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 115 Rules of Procedure Governing the Conduct of City Council Meetings and Work Sessions Adopted April 3, 2018 Resolution 2018-034 Section 1. Order of Business for Regular or Special Council Meetings. a. Council business at regular Council meetings shall be conducted in the following order (except as provided in Subsection 1.c, 1.d, 1.e or 1.f, below): (1) Proclamations and Presentations. (Prior to the meeting) (2) Pledge of Allegiance (3) Call Meeting to Order (4) Roll Call (5) City Manager’s Agenda Review (including removal of items from Consent Calendar for individual discussion) (6) Opportunity for City Council to Pull Consent Items (7) Opportunity for Citizens to Pull Consent Items (8) Citizen Participation (9) Citizen Participation Follow-up (10) Consent Calendar (11) Consent Calendar Follow-up (12) Staff Reports (13) Councilmember Reports (14) City Manager/Council-Pulled Consent Items (15) Items Needing Individual Consideration (16) Citizen-Pulled Consent Items (17) Other Business (18) Adjournment b. Council business at special Council meetings shall be conducted in the following order (except as provided in Subsection 1.c, 1.d, 1.e or 1.f, below): (1) Pledge of Allegiance (2) Call Meeting to Order (3) Roll Call (4) Individual Consideration of Items Identified in the Call of Special Meeting (5) Adjournment c. Appeals to Council shall be conducted in accordance with Division 3 of Article II of Chapter 2 of the City Code. d. Addition of a Permitted Use applications pursuant to Land Use Code Section 1.3.4(c)(3) and zonings and rezonings of land with an area of six hundred forty acres or less (“Quasi-judicial Rezonings”), shall be conducted as follows subject to EXHIBIT A 1 Packet Pg. 116 Attachment: Exhibit A (6639 : Council Procedures RESO) City Council Rules of Procedure (April 3, 2018) 2 such limitations in time and scope as may be imposed at the discretion of the presiding officer: (1) Announcement of Item; (2) Consideration of any procedural issues; (3) Explanation of the application by City staff; (4) Presentation by the applicant; (5) Public testimony regarding the application; (6) Rebuttal testimony by the applicant; (7) Councilmember questions of City staff, the applicant and other commenters; and (8) Motion, discussion and vote by the City Council. e. Protest hearings pursuant to City Code Section 7-88 (regarding re-districting) and Section 7-156 (regarding ballot title and/or submission clause) shall be conducted in the following order, as part of the agenda item for the item under protest: (1) Announcement of Item; (2) Staff Presentation for Agenda Item; (3) Presentation by each person who timely filed a Protest; (4) Councilmember questions of City staff and the protesting parties; and (5) Motion on each Protest, discussion and vote on each Protest the by the City Council. After completion of the Protest Hearing, Council will return to the Agenda Item and receive citizen comments from any persons desiring to speak on the Agenda Item. f. Procedures for conduct of other types of special proceedings by the Council shall be established by the presiding officer and shall comply with any applicable legal requirements. Section 2. Length of Regular Meetings a. Regular Council meetings will begin at 6:00 p.m. Proclamations will be presented prior to the meeting at approximately 5:30 p.m., and will end no later than 6:00 p.m. b. Appropriate breaks will be taken during meetings at the presiding officer’s discretion based on meeting length and agenda. c. Every regular 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 Council may, at any time prior to adjournment, by majority vote, extend a meeting until no later than midnight for the purpose of considering additional items of business. Any matter which has been commenced 1 Packet Pg. 117 Attachment: Exhibit A (6639 : Council Procedures RESO) City Council Rules of Procedure (April 3, 2018) 3 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 on the discussion agenda for such meeting, unless Council determines otherwise. Section 3. Citizen Comment During Regular and Special Council Meetings. a. Comment during Citizen Participation. During the “Citizen Participation” segment of each meeting, citizen comment will be allowed on matters of interest or concern to citizens except the following: (1) items the Council will consider at that night’s meeting that include time for citizen comment (discussion items); (2) matters that are the subject of a board or hearing officer decision that will be appealable to the Council, if a submittal has been made to initiate the decision-making process. b. Comment on Agenda Items. Citizen input will be received with regard to: (1) each item on the discussion agenda; (2) each item pulled from the consent agenda; and (3) any item that is addressed by formal Council action under the “Other Business” segment of the meeting that may directly affect the rights or obligations of any member of the general public. Such citizen input will be permitted only once per item regardless of the number of motions made during Council’s consideration of the item. c. Time Limits for Speaking. The amount of time to be allotted to each speaker will be set by the presiding officer based upon the number of persons expected to speak, in order to allow as many as possible to address the Council within a reasonable time given the scheduled agenda. The presiding officer may ask those intending to speak to indicate their intention by a show of hands or some other means, and to move to one of the two lines of speakers (or to a seat nearby for those not able to stand while waiting). Each speaker will generally be limited to three minutes. If necessary in order to facilitate Council’s understanding of the item, or to allow the Council to consider and act upon the item in a timely fashion, the presiding officer may increase or decrease the time that would otherwise be allowed for each speaker. 1 Packet Pg. 118 Attachment: Exhibit A (6639 : Council Procedures RESO) City Council Rules of Procedure (April 3, 2018) 4 d. Manner of Addressing the Council. Comment and testimony are to be directed to the Council. Unless otherwise directed by the presiding officer, all comments must be made into the microphone. e. Yielding the Lectern. Each speaker shall promptly cease his or her comments and yield the lectern immediately upon the expiration of the time allotted by the presiding officer. f. Yielding of Time. No speaker may yield part or all of his or her time to another speaker, and no speaker will be credited with time requested but not used by another. g. Citizen Presentation Materials and Evidence. The use of City projection equipment to display presentation materials to Council will be allowed in limited circumstances that permit City staff to manage the use of the equipment, prepare materials for display and avoid delay or disruption to the meeting. The following limits will apply to all presentations by members of the public: (1) 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. (2) As an exception to subsection (1), parties-in-interest in agenda items considered under Section 1.c, 1.d, 1.e or 1.f, above, shall provide all presentation materials to be displayed or proffered for Council consideration to the City Clerk (whether in hard copy or for display) in the manner specified by the City Clerk no later than noon on the day of the meeting at which the subject item is scheduled for consideration or 4:00 p.m. the business day prior to the meeting if the meeting begins earlier than 6:00 p.m. Any such materials must be in a form or format readily usable on the City’s display technology. NOTE: Parties in appeals to Council may present new evidence only in the limited circumstances set forth in Chapter 2 of the City Code. Section 4. Public Conduct During Regular and Special Council Meetings and Work Sessions. a. General Comment, or Expressions of Support or Opposition. Members of the audience are not entitled to speak except as provided in these Rules of Procedure, or as expressly requested by the presiding officer or City staff, and shall not engage in expressions of support or opposition, such as clapping, whistling, cheering, foot 1 Packet Pg. 119 Attachment: Exhibit A (6639 : Council Procedures RESO) City Council Rules of Procedure (April 3, 2018) 5 stomping, booing, hissing, speaking out, yelling, or other acts, that disturb, disrupt, or impede the meeting or any recognized speaker. b. Signs and Props. (1) Signs and props no larger than 11" x 17" are permitted in the City Council Chambers or in the Council Information Center or other Council meeting room (collectively referred to as the “Meeting Room”), except no such signs or props shall be displayed during the conduct of a quasi-judicial hearing during which general public comment is not taken other than by authorized speakers in connection with their hearing testimony. (2) Such signs or props must be held directly in front of one's body so as not to impede the view of others. (3) Signs or props may not be waved, held by more than one person at a time, or used in a manner that, in the judgment of the presiding officer, disrupts the orderly conduct of business. (4) Signs or props may not be left unattended anywhere in the Meeting Room or left unattended on display in the City Hall lobby area. (5) Signs or props attached to sticks, poles, or other objects are prohibited. c. Distribution of Literature. Distribution of fliers or other literature is permitted in the public lobby areas of City Hall only when City Hall is open for a public event. Distribution of fliers and other literature is permitted on the sidewalks and grounds around City Hall. Persons wishing to engage in such activities may do so only in a manner that does not interfere with the movement of persons or obstruct the passage of pedestrians or vehicles. d. Video and Audio Recording. Video and audio recording by the press or other members of the public is permitted in the Meeting Room only if the person making the recording is using a small unobtrusive recording device and is seated or standing at a speaker lectern when authorized to speak, or in line awaiting an opportunity to speak, or is either standing in the back of the Meeting Room behind all seated persons or standing in any other area pursuant to the direction of the presiding officer in his or her reasonable discretion or designated for that purpose in advance by the City. e. Areas Permitted for Seating and Standing. Except for persons waiting in line to speak in accordance with the presiding officer’s instructions, no persons shall sit in the Meeting Room except in chairs or seats provided by the City or in wheelchairs or other assistive devices, and no persons shall stand in the aisles or other locations in the Meeting Room except in the back of the Meeting Room, and only in accordance with other applicable limits for fire and building safety. 1 Packet Pg. 120 Attachment: Exhibit A (6639 : Council Procedures RESO) City Council Rules of Procedure (April 3, 2018) 6 Section 5. Procedural Decisions Subject to Modification by Council. Decisions by the presiding officer regarding procedures and procedural issues, including but not limited to time limits for public comment, may be overridden by a majority vote of the Council. Section 6. Council Questions and Debate. Council questions and debate regarding an agenda item during a regular or special Council meeting will occur immediately following citizen input and prior to entertaining any main motion related to the item. Except when raising a point of order at a regular or special Council meeting, Councilmembers seeking to ask questions or participate in debate or discussion will do so only when recognized by the presiding officer. The presiding officer may limit or curtail questions or debate as he or she deems necessary for the orderly conduct of business. Section 7. Basic Rules of Order for Regular and Special Council Meetings. The following commonly used rules of order will govern the conduct of City Council business at regular and special Council meetings. Except as specifically noted, all motions require a second. These rules of order are based upon Robert’s Rules of Order Newly Revised and have been modified as necessary to conform to existing practices of the Council and to the requirements of the City Charter. For example, while a two-thirds vote is necessary for the passage of some of the motions listed below under Robert’s Rules of Order, all motions of the Council, except a motion to go into executive session or a motion to adopt an emergency ordinance, may be adopted upon approval of a majority vote of the members present at a Council meeting, pursuant to Art. II, Sec. 11 of the City Charter. If there is a question of procedure not addressed by these rules, reference may be made to Robert’s Rules of Order for clarification or direction, however, adherence to Robert’s Rules of Order shall not be mandatory, and, in the event of any conflict between these rules of order and Robert’s Rules of Order, these rules of order shall prevail. In the event of any conflict between these rules of order or Robert’s Rules of Order and a City Charter or City Code provisions, the City Charter or City Code provision shall prevail. Any councilmember and the presiding officer may make or second any motion, except as specifically limited by these rules. MAIN MOTIONS • Main motions are used to bring business before the Council for consideration and action. • A main motion can be introduced only if no other business is pending. • All main motions require a second and may be adopted by majority vote of those Councilmembers present and voting, except that: (1) a motion to go into executive session requires a two-thirds vote of those present and voting and (2) a motion to adopt an emergency ordinance requires the affirmative vote of at least five (5) Councilmembers for approval. 1 Packet Pg. 121 Attachment: Exhibit A (6639 : Council Procedures RESO) City Council Rules of Procedure (April 3, 2018) 7 • A main motion may be made or seconded by any Councilmember, including the presiding officer. • A main motion is debatable and may be amended. SUBSIDIARY MOTIONS These are motions that may be applied to another motion for the purpose of modifying it, delaying action on it, or disposing of it. 1. Motion to Amend. The point of a motion to amend is to modify the wording - and, within certain limits, the meaning - of a pending motion before the pending motion itself is acted upon. • A motion to amend, once seconded, is debatable and may itself be amended once. • A "secondary amendment," which is a change to a pending "primary amendment," cannot be amended. • Once a motion to amend has been seconded and debated, it is decided before the main motion is decided. • Certain motions to amend are improper. o For example, an amendment must be “germane” to be an order. To be germane, an amendment must in some way involve the same question that is raised by the motion to which it is applied. o Also, some motions to amend are improper, for example, a motion that would merely make the adoption of the amended question equivalent to a rejection of the original motion, or one that would make the question as amended identical with, or contrary to, one previously decided by the Council during the same session. • “Friendly” amendments acceptable to the maker and the seconder of the main motion do not require a second and are permissible at any time before a vote is taken on motions to amend the main motion. 2. Withdrawal of a Motion. After a motion has been seconded and stated by the presiding officer it belongs to the Council as a whole and the maker may withdraw his or her motion unless one or more members of the Council objects, in which case the majority of the Council must consent to withdrawal of the motion. 3. Motion to Postpone to a Certain Time (or Definitely). This is the motion by which action on an agenda item or a pending motion can be put off to a definite day, meeting or hour, or until after a certain event has occurred. • A motion to postpone definitely can be debated only to the extent necessary to enable the Council to determine whether the main motion should be postponed and, if so, to what date or time. • Similarly, it is amendable only as to the date or time to which the main motion should be postponed. 1 Packet Pg. 122 Attachment: Exhibit A (6639 : Council Procedures RESO) City Council Rules of Procedure (April 3, 2018) 8 4. Motion to Lay on the Table. A motion to table is intended to enable the Council to lay the pending question aside temporarily, but only when something else of immediate urgency has arisen. • Adoption of a motion to lay on the table immediately halts the consideration of the affected motion, since a motion to table is neither debatable nor amendable. 5. Motion to Postpone Indefinitely. A motion to postpone indefinitely is, in effect, a motion that the Council decline to take a position on an agenda item or main motion. • Adoption of a motion to postpone indefinitely kills the agenda item or main motion and avoids a direct vote on the item or motion. It is useful in disposing of an item or motion that cannot either be adopted or expressly rejected without undesirable consequences. • A motion to postpone indefinitely is debatable but not amendable. 6. “Calling the Question”. "Calling the question" may sometimes motivate unanimous consent to end debate. If it does not, however, then debate does not automatically end. • If any member objects to ending the debate, the presiding officer should ask if there is a second to the motion and, if so, he must immediately take a vote on whether to end debate. • A motion to call the question is not debatable or amendable. INCIDENTAL MOTIONS. These are motions which usually apply to the method of conducting business rather to the business itself. 1. Point of Order. If a Councilmember thinks that the rules of order are being violated, he or she can make a point of order, thereby calling upon the presiding officer for a ruling and an enforcement of the regular rules. • A “point of order” takes precedence over any pending question out of which it may arise and does not require a second. • A “point of order” is not amendable. • Technically, a “point of order” is not debatable; however: o With the presiding officer's consent, the member raising the point of order may be permitted to explain his or her point. o In response to a point of order, the presiding officer can either immediately rule, subject to appeal to the Council, or the presiding officer can refer the point of order to the judgment of the Council, in which case the point becomes debatable. 1 Packet Pg. 123 Attachment: Exhibit A (6639 : Council Procedures RESO) City Council Rules of Procedure (April 3, 2018) 9 o In making his or her ruling, the presiding officer may consult with the City Attorney or request the advice of experienced members of the Council. o No member has the right to express an opinion unless requested to do so by the presiding officer. • When the presiding officer has made a ruling, any two Councilmembers can appeal the ruling (one making the appeal and the other seconding it). o When an appeal is taken, the matter is decided by majority vote of the Council. o A tie vote sustains the decision of the presiding officer. • If a point of order is to be raised, it must be raised promptly at the time the perceived violation of the rules occurs. 2. Point of Information. Robert’s Rules of Order provides for a “point of information” or a “request for information” which is appropriate in the formal setting of a large legislative body. Because Council consideration of an item is generally an opportunity to request information and ask questions, the formal “point of information” procedure provided in Robert’s Rules is not needed or appropriate for City Council meetings. 3. Motion to Divide a Question. If a motion relating to a single subject contains several parts, each of which is capable of standing as a complete proposition by itself, the parts of the motion can be separated for consideration and voted on as if they were distinct questions by the adoption of a motion for division of the question. • A motion to divide a question, if seconded, takes precedence over the main motion and is not debatable. • The motion to divide must clearly state the manner in which the question is to be divided, and while the motion to divide is pending, another member can propose a different division by moving an amendment to the motion to divide, in which case the amended form of the motion, if seconded, would be decided first. • Often, little formality is involved in dividing a question, and it is arranged by unanimous consent. 4. Motion to Suspend the Rules. When the Council wishes to do something that it cannot do without violating one or more of its regular rules, it can adopt a motion to suspend the rules that interfere with the proposed action. • A motion to suspend the rules can be made at any time that no question is pending and can be applied to any rule except those that are fundamental principles of the City Charter, City Code or other applicable laws. • This motion is neither debatable nor amendable. 1 Packet Pg. 124 Attachment: Exhibit A (6639 : Council Procedures RESO) City Council Rules of Procedure (April 3, 2018) 10 RESTORATIVE MOTIONS These are motions that bring a question again before the Council for its consideration. 1. Motion to Take from the Table. The object of this motion is to take from the table and make pending again before the Council a motion or series of adhering motions that previously had been laid on the table. • A motion to take an item from the table is neither debatable nor amendable. • When a question is taken from the table, it is before the Council with everything adhering to it, exactly as it was when laid on the table. 2. Motion to Reconsider. This motion enables a majority of the Council to bring back for further consideration a motion which has already been voted on. • A motion to reconsider is in order only if made on the same date that the vote to be reconsidered was taken, and can be made only by a member who voted with the prevailing side of the vote to be reconsidered. • The purpose of reconsidering a vote is to permit the correction of hasty, ill-advised, or erroneous action, or to take into account added information or a changed situation that has developed since the taking of a vote. • When a member who cannot make a motion for reconsideration believes that there are valid reasons for one, he or she can try, if there is time or opportunity, to persuade someone who voted with the prevailing side to make such a motion. • A motion to reconsider is debatable whenever the motion proposed to be reconsidered was debatable. And, when debatable, opens to debate the merits of the question to be reconsidered. • A motion to reconsider is not amendable. • The effect of the adoption of a motion to reconsider is that the question on which the vote was reconsidered is immediately placed before the Council in the exact position it occupied the moment before it was voted on originally. 3. Motion to Rescind or Amend Something Previously Adopted. By means of the motions to rescind or to amend something previously adopted, the Council can change an action previously taken or ordered. • A motion to rescind or amend something previously adopted is debatable and amendable. • In contrast to a motion to reconsider, there is no time limit on making a motion to rescind or a motion to amend something previously adopted (provided that no action has been taken by anyone in the interim that cannot be undone), and these motions can be moved by any member of the Council, regardless of how he or she voted on the original question. • The effect of passage of this motion is not to place the matter back before the assembly as it was just prior to a vote being taken. 1 Packet Pg. 125 Attachment: Exhibit A (6639 : Council Procedures RESO) City Council Rules of Procedure (April 3, 2018) 11 o Instead, it either entirely nullifies the previous action or modifies it, depending upon which motion is used. o For that reason, adoption of a motion to rescind or amend something previously adopted should be carefully considered if third parties may have relied to their detriment on the previous action. • In order to modify an adopted ordinance, Council must adopt a new ordinance making the desired modification, in compliance with all formalities applicable to adoption of an ordinance. PRIVILEGED MOTIONS These motions are of such urgency or importance that they are entitled to immediate consideration, even when another motion is pending. This is because these motions do not relate to the pending business but have to do with special matters of immediate and overriding importance which, without debate, should be allowed to interrupt the consideration of anything else. 1. Motion to Adjourn. Generally the presiding officer adjourns the meeting at his or her discretion at the completion of the agenda. However, any Councilmember may move to adjourn the meeting at any time. • A motion to adjourn requires a second. • A motion to adjourn is always a privileged motion except when the motion is conditioned in some way, as in the case of a motion to adjourn at, or to, a future time. o Such a conditional motion is not privileged and is treated just as any other main motion. o A conditional motion to adjourn at or to a future time is always out of order while business is pending. • An unconditional, privileged motion to adjourn takes precedence over most other motions. • The privileged motion to adjourn is neither debatable nor amendable, while a conditioned motion to adjourn is debatable and may be amended. 2. Motion to Recess. A motion to recess is essentially a motion to take a break during the course of a Council meeting. • A motion to recess must be seconded. o A motion to recess that is made when no question is pending is a main motion and should be treated as any other main motion. o A motion to recess is said to be privileged if it is made when another question is pending, in which case it takes precedence over all subsidiary and incidental motions and most other privileged motions. It is not debatable and is amendable only as to the length of the recess. • After a recess, the meeting resumes when the presiding officer has called the meeting back to order. 1 Packet Pg. 126 Attachment: Exhibit A (6639 : Council Procedures RESO) Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY April 3, 2018 City Council STAFF Christine Macrina, Boards and Commissions Coordinator Carrie M. Daggett, Legal SUBJECT Resolution 2018-035 Appointing Alexandra Reuter to the Parking Advisory Board of the City of Fort Collins. EXECUTIVE SUMMARY The purpose of this item is to appoint Alexandra Reuter to fill a vacancy that exists on the Parking Advisory Board due to the resignation of Nicholas Bohn, whose term of expiration is December 31, 2019. Councilmembers interviewed applicants solicited in the fall of 2017, and in December, identified Ms. Reuter as an alternate if a vacancy arose during the year. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This Resolution appoints Alexandra Reuter to the Parking Advisory Board to fill a vacancy from the resignation of Nicholas Bohn. The term will begin immediately on April 3, 2018, with an expiration date of December 31, 2019. ATTACHMENTS 1. Application (PDF) 14 Packet Pg. 127 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: Transportation Board Name: Alexandra Reuter Mailing Address: Residence: Home Phone: Work Phone: Zip: Zip: Cell Phone: Yes No E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Which Council District do you live in? District 6 Current Occupation: Employer: Recent and/or relevant work experience (please include dates) I worked for Dana Crawford during my time in Denver (2014-2015), and from her I learned the importance of public transit through her passion of real estate development. I learned about the importance of trains and the redesign of Interstate 70. Most recently I worked locally for a commercial real estate firm (2016-2017); public transportation effects greatly effects the development Recent and/or relevant volunteer experience (please include dates) Commercial Real Estate Women Crew (CREW), Transportation Panel 2017 Are you currently serving on a City board or commission? Yes No If so, which one? Why do you want to become a member of this particular board or commission? I am interested in the Transportation Board because I think public transportation is an integral part for a city's successful growth. I think I could bring a unique point of view and knowledge from a year spent observing European transit. 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: Licensed Real Estate Broker I truly believe in public transit, specifically trains after my time abroad. I was able to see how pollution can be reduced and a city's functionality can be increased. ATTACHMENT 1 APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP 14.1 Packet Pg. 128 Attachment: Application (6611 : BC appts) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) Utilization. Our current public transportation is under utilized. I think Americans are attached to their vehicles, but Coloradoans want to support the environment. Increased use of public transit would take a cultural shift, and would require an integrated and easy to use system that is time effective. I think a large scale incentive would have to put in place for a short time so that people would be tempted to actually try public transit, and would need to highlight the environmental benefits. 2) Harmony Corridor. Currently the easiest way to get from Point A to Point B along Harmony is with a vehicle, there are no bike paths or direct buses like the MAX that run along the corridor but parking ratios have decreased for new developments. The reduction in parking spaces has created situations where people do not go to a desired business i.e. a restaurant because of lack of parking. If public transportation existed along this corridor less people would have to use their car and would have an increased range of access within the city. 3) Future Use. How does Fort Collins plan to stay current/ahead of the times as we continue to grow? With technological advancements and increased inner city density what can our city do to continually stay ahead of the curve and provide an enjoyable place to live? I would suggest doing a case study on other successful global cities to see what they have done when their populations increased quickly, and then scaling those answers to solution that fit our local model. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Alexandra Reuter Date: Sep-26-2017 Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) Poster 14.1 Packet Pg. 129 Attachment: Application (6611 : BC appts) -1- RESOLUTION 2018-035 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING ALEXANDRA REUTER TO THE PARKING ADVISORY BOARD OF THE CITY OF FORT COLLINS WHEREAS, a vacancy currently exists on the Parking Advisory Board due to the resignation of Nicholas Bohn; and WHEREAS, the City Council desires to make an appointment to fill such vacancy on the Parking Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Alexandra Reuter is hereby appointed to fill the current vacancy on the Parking Advisory Board with her term to begin immediately and to expire on December 31, 2019. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd day of April, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 130 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY April 3, 2018 City Council STAFF Karen McWilliams, Historic Preservation Planner Laurie Kadrich, Director of Planning, Development & Transportation Brad Yatabe, Legal SUBJECT Consideration of an Appeal of the Landmark Preservation Commission Decision Regarding the Eligibility of the Spradley Barr Property, 2601 South College Avenue, to Qualify as a Landmark. EXECUTIVE SUMMARY The purpose of this item is to consider an appeal of the Landmark Preservation Commission’s (LPC) de novo decision made on February 21, 2018, finding that the property at 2601 South College Avenue is eligible for individual landmark designation. This decision was consistent with the initial decision made by the Community Development and Neighborhood Services Director and the LPC Chair. On March 7, 2018, an appeal was filed challenging the LPC’s decision. Only parties-in-interest as defined in City Code Section 2-47 may participate in this hearing and the scope of the appeal is limited to those items identified as grounds for appeal in the Notice of Appeal. COUNCIL APPEAL HEARING PROCEDURE Appeals to City Council are governed by Fort Collins Municipal Code (City Code) Chapter 2, Article II, Division 3, Sections 2-46 through 2-55. A final decision by the LPC or other City decision-maker described in City Code Section 2-47 may be appealed to City Council. I. Parties-in- Interest – Only parties-in-interest may participate in the appeal. The Code defines “party-in- interest” to include: A. The applicant; B. Any party with a proprietary or possessory interest in the land that is the subject of the application; C. Any person to whom or organization to which the City mailed notice of the hearing on the matter being appealed; D. Any person or organization that provided written comments prior to or at the hearing on the matter being appealed; and E. Any person or organization that appeared before the Decision-maker at the hearing on the matter being appealed. II. Grounds for Appeal – A Decision-maker’s final decision may be appealed to City Council on the following grounds: A. Fair Hearing Issues: A final decision may be appealed on the basis that a fair hearing was not conducted because the Decision-maker: 1. Exceeded its authority or jurisdiction; Agenda Item 15 Item # 15 Page 2 2. Substantially ignored its previously established rules or procedure; 3. Considered evidence relevant to its findings which was substantially false or grossly misleading; 4. Improperly failed to receive all relevant evidence offered by the appellant; or 5. Was biased against the appellant by reason of a conflict of interest or other close business, personal, or social relationship that interfered with the Decision-maker’s independence of judgment. B. Interpretation and Application of the Code: A decision may also be appealed on the basis that the Decision-maker failed to properly interpret and apply relevant provisions of the Code and Charter. III. Procedure at Hearing – The City Code provides that Council’s hearing on the appeal is based on the record of the evidence considered for the decision being appealed. The Council hearing will proceed in the following order: A. City Staff: explanation of nature of the appeal and presentation. B. Councilmembers: comments regarding observations or questions from any site visit. C. Mayor: establishes limits on time and scope for presentation of argument on the merits of the appeal and consideration of procedural issues; may include setting of a separate time for Council to consider and determine (by majority vote) procedural issues related to the hearing, including: 1. Introduction or exclusion of certain evidence; 2. Allocation of time for presentation of arguments; and 3. Concerns or objections related to the record on appeal, including new evidence. D. Presentation of Argument: by Appellant and any party-in-interest supporting the appeal. E. Presentation of Argument: by any party-in-interest opposing the appeal. F. Rebuttal: by Appellant and party-in-interest supporting the appeal. G. Rebuttal: by any party-in-interest opposing the appeal. H. Councilmembers: questions of City staff and parties-in-interest. I. Close public hearing. J. Councilmembers: motion, discussion and vote; Council may uphold, overturn, or modify the decision (including addition of conditions). IV. Final Action by Council – City Council is required to adopt a resolution setting forth findings of fact and its final decision no later than its next regular meeting after the hearing of the appeal. The date on which such a resolution is adopted by Council is the date of final action for purposes of seeking subsequent judicial review of the Council decision. BACKGROUND / DISCUSSION Chapter 14 of the Municipal Code provides the process for determining the eligibility of a property to qualify as a landmark. A determination of eligibility does not designate a property as a landmark. Instead it evaluates the property’s ability to qualify for such designation based on criteria for significance and integrity established by the Secretary of the Interior, National Park Service. The evaluation considers historical and current information relevant to the property, and results in a decision regarding eligibility made by the Director of Community Development and Neighborhood Services and the Chair of the Landmark Preservation Commission. This decision may be appealed to the LPC. Any final decision of the LPC may, in turn, be appealed to City Council. On October 20, 2017, Bill Wells, Brinkman Development, acting on behalf of the owners of the Spradley Barr property at 2601 South College Avenue (the “Property”), formally submitted a request for a determination of the Property’s eligibility to qualify as a landmark. In accordance with Municipal Code Section 14-72, on October 26, 2017 the Community Development and Neighborhood Services Director and the LPC Chair reviewed the eligibility of the Property. Following the consideration of both current and historical photographs and research, the Community Development and Neighborhood Services Director and the LPC Chair issued a decision that the Property has both significance and integrity, as defined by the U.S. Department of the Interior, National Park Service and adopted in Chapter 14 of the Municipal Code; and that the Property would qualify for individual designation as a landmark under three of the four standards for determining eligibility: Standard A, for its Agenda Item 15 Item # 15 Page 3 association with events that have made a significant contribution to the broad patterns of our local, state, or national history; Standard B, for the property’s association with the lives of persons significant in our past; and Standard C, finding that the Property embodies the distinctive characteristics of a type period or method of construction. The fourth standard for determining eligibility, Standard D, Information Potential, was not evaluated. On November 7, 2017, Mr. Wells appealed the decision of the Community Development and Neighborhood Services Director and LPC Chair to the LPC. On February 21, 2018, the LPC conducted a de novo hearing on the eligibility of the Property. At this meeting, the Commission unanimously (6-0; Dunn, Hogestad recused; Frick absent) found that the property is eligible for individual designation as a landmark, consistent with the decision of the Community Development and Neighborhood Services Director and LPC Chair. The LPC found that the property retains integrity and has significance under Standard A, for its association with events that have made a significant contribution to the broad patterns of our local, state, or national history; and Standard C, the property embodies the distinctive characteristics of a type period or method of construction. The Commission members felt that they did not have sufficient information to make a finding on Standard B, the property’s association with the lives of persons significant in our past. The complete text of the LPC adopted motion is on pages 25-26 of the verbatim transcript. On March 7, 2018, Bill Wells, Kriss Spradley, and Bill Barr (the Appellants) filed an appeal challenging the LPC decision made at the February 21, 2018 hearing. ASSERTIONS OF APPEAL The Appellants assert that the LPC failed to properly interpret and apply five sections of City Code Chapter 14, Article I, as follows: A. Municipal Code Chapter 14, Article 1, Section 14-5(1), defining significance. B. Municipal Code Chapter 14, Article 1, Section 14-5(2), regarding specific standards for determining significance. C. Municipal Code Chapter 14, Article 1, Section 14-5(3), defining exterior integrity. D. Municipal Code Chapter 14, Article 1, Section 14-5(4), regarding specific standards for determining exterior integrity. E. Municipal Code Chapter 14, Article 1, Section 14-5(5), regarding context. The Appellants cite the following facts to support their allegation:  Detailed analysis and conclusions of Autobee & Autobee, LLC as to the property's noneligibility for designation as a local landmark contained in the Colorado Cultural Resource Survey Architectural Inventory prepared by Autobee & Autobee, LLC.  Testimony of Kristen Autobee regarding Autobee & Autobee, LLC's analysis and conclusions regarding the property's noneligibility for designation as a local landmark.  Testimony of Todd Parker of Brinkman Development, Appellant, regarding the property's noneligibility for designation as a local landmark.  Photographs of the property.  Photographs of other automobile dealerships. Evidence Pertinent to the Assertion the LPC failed to properly interpret and apply relevant provisions of the City Code: A. Municipal Code Chapter 14, Article 1, Section 14-5(1). Municipal Code Chapter 14, Article 1, Section 14-5(1) reads as follows: Agenda Item 15 Item # 15 Page 4 Significance is the importance of a site, structure, object or district to the history, architecture, archeology, engineering or culture of our community, State or Nation. Significance is achieved through meeting one (1) or more of four (4) standards recognized by the U.S. Department of Interior, National Park Service. These standards define how properties are significant for their association with events or persons, in design or construction, or for their information potential. Staff’s Response:  On page 3, lines 39-42 of the hearing verbatim transcript, staff discussed that Section 14-5 of the Municipal Code, Standards for Determining the Eligibility of Sites, Structures, Objects, and Districts for Designation as Fort Collins Landmarks or Landmark Districts, provides the framework for making the determination of eligibility. Staff noted that eligibility is based on significance and exterior integrity. In determining eligibility, the context of the area surrounding the property shall be considered.  On page 4, lines 1-19 of the hearing verbatim transcript, staff discussed the definitions of the four standards of significance. B. Municipal Code Chapter 14, Article 1, Section 14-5(2). Municipal Code Chapter 14, Article 1, Section 14-5(2) reads as follows: Standards for determining significance: a. Events. Properties may be determined to be significant if they are associated with events that have made a recognizable contribution to the broad patterns of the history of the community, State or Nation. A property can be associated with either (or both) of two (2) types of events: 1. A specific event marking an important moment in Fort Collins prehistory or history; and/or 2. A pattern of events or a historic trend that made a recognizable contribution to the development of the community, State or Nation. b. Persons/Groups. Properties may be determined to be significant if they are associated with the lives of persons or groups of persons recognizable in the history of the community, State or Nation whose specific contributions to that history can be identified and documented. c. Design/Construction. Properties may be determined to be significant if they embody the identifiable characteristics of a type, period or method of construction; represent the work of a craftsman or architect whose work is distinguishable from others by its characteristic style and quality; possess high artistic values or design concepts; or are part of a recognizable and distinguishable group of properties. This standard applies to such disciplines as formal and vernacular architecture, landscape architecture, engineering and artwork, by either an individual or a group. A property can be significant not only for the way it was originally constructed or crafted, but also for the way it was adapted at a later period, or for the way it illustrates changing tastes, attitudes, and/or uses over a period of time. Examples are residential buildings which represent the socioeconomic classes within a community, but which frequently are vernacular in nature and do not have high artistic values. d. Information potential. Properties may be determined to be significant if they have yielded, or may be likely to yield, information important in prehistory or history. Staff’s Response:  In its consideration regarding significance, the LPC discussed pertinent evidence, documentation, photographs, and testimony.  The LPC’s discussion concerning the Property’s significance substantially occurs on pages 17-23 of the hearing verbatim transcript. Agenda Item 15 Item # 15 Page 5 o On page 14, lines 18-40 of the hearing verbatim transcript, the LPC discussed the Property’s significance under Standard A, events; and Standard C, design/construction. o The LPC discussed the Property’s eligibility under Standard A, events, on page 17, lines 4-40 and page 18, lines 1-15 of the hearing verbatim transcript. o The LPC discussed the Property’s eligibility under Standard B, persons, on page 18, lines 16- 40; page 19, lines 1-39; and page 20, lines 1-17 of the hearing verbatim transcript. o The LPC discussed the Property’s eligibility under Standard C, design/construction, on page 20, lines 17-37; page 21, lines 1-40; page 22, lines 1-38; and page 23, lines 1-23 of the hearing verbatim transcript.  Discussion concerning the Property’s significance by Kristen Autobee, Autobee and Autobee, substantially occurs on pages 8-13 of the hearing verbatim transcript. o On page 9, lines 5-15 and lines 36-41; and page 10, lines 13-39 of the hearing verbatim transcript, Kristen Autobee, Autobee and Autobee, LLC discussed her assessment of the Property’s significance under Standard A, events. o On page 9, lines 16-35; page 12, lines 10-34; and page 13, lines 1-28 of the hearing verbatim transcript, Ms. Autobee discussed her assessment of the Property’s significance under Standard B, persons. o On page 6, lines 24-40; page 7, lines 17-25; page 8, lines 35-42; page 9, lines 1-4; page 10, lines 1-12; page 11, lines 1-35; and page 12, lines 1-8 of the hearing verbatim transcript, Ms. Autobee, discussed her assessment of the Property’s significance under Standard C, design/construction.  On page 7, lines 33-36, and page 8, lines 1-33 of the hearing verbatim transcript, Todd Parker, Brinkman Development, presented photographs of other automobile dealerships in other cities.  On page 13, lines 29-38 of the hearing verbatim transcript, LPC member Simpson clarified information about the age of the buildings in Mr. Parker’s photographs when the dealerships were altered or demolished. C. Municipal Code Chapter 14, Article 1, Section 14-5(3). Municipal Code Chapter 14, Article 1, Section 14-5(3) reads as follows: Exterior integrity is the ability of a site, structure, object or district to be able to convey its significance. The exterior integrity of a resource is based on the degree to which it retains all or some of seven (7) aspects or qualities established by the U.S. Department of Interior, National Park Service: location, design, setting, materials, workmanship, feeling and association. All seven (7) qualities do not need to be present for a site, structure, object or district to be eligible as long as the overall sense of past time and place is evident. Staff’s Response:  On page 5, lines 1-4 of the hearing verbatim transcript, staff notes that the framework for determining eligibility is established in the National Parks Service Bulletin 15, How to Apply the National Register Criteria for Evaluation. For Standards A, events, and B, people, the integrity aspects of location, setting, materials, and design are particularly important. For Standard C, design and construction, the integrity aspects of materials, design, and workmanship are particularly important. D. Municipal Code Chapter 14, Article 1, Section 14-5(4). Agenda Item 15 Item # 15 Page 6 Municipal Code Chapter 14, Article 1, Section 14-5(4) states: Standards for determining exterior integrity: a. Location is the place where the historic property was constructed or the place where the historic event occurred. b. Design is the combination of elements that create the form, plan space, structure and style of a property. c. Setting is the physical environment of a historic property. Whereas location refers to the specific place where a property was built or an event occurred, setting refers to the character of the place. It involves how, not just where, the property is situated and its relationship to the surrounding features and open space. d. Materials are the physical elements that form a historic property. e. Workmanship is the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory. It is the evidence of artisans' labor and skill in constructing or altering a building, structure or site. f. Feeling is a property's expression of the aesthetic or historic sense of a particular period or time. It results from the presence of physical features that, taken together, convey the property's historic character. g. Association is the direct link between an important historic event or person and a historic property. A property retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like feeling, association requires the presence of physical features that convey a property's historic character. Staff’s Response:  In its consideration regarding integrity, the LPC discussed pertinent evidence, documentation, photographs, and testimony.  On page 4, lines 20-39 of the hearing verbatim transcript, staff discussed exterior integrity, noting that all seven qualities or aspects do not need to be present, but that the Property must still convey its overall sense of history and place.  The LPC’s discussion regarding integrity substantially occurs on pages 15 – 17 of the hearing verbatim transcript, more specifically, on page 15, lines 32-43; page 16, lines 1-38; and page 17, lines 1-4. E. Municipal Code Chapter 14, Article 1, Section 14-5(5) Municipal Code Chapter 14, Article 1, Section 14-5(5) states: Context. The area required for evaluating a resource's context is dependent on the type and location of the resource. A house located in the middle of a residential block could be evaluated in the context of the buildings on both sides of the block, while a house located on a corner may require a different contextual area. Upon the submittal of an application necessitating a determination of eligibility for designation as a Fort Collins Landmark or Landmark District, the Director and/or the chair of the Commission shall determine the minimum area required for evaluating context, and such information, including photographs and other documents, as required for the determination. Staff’s Response:  In its consideration regarding context, the LPC discussed pertinent evidence, documentation, photographs, and testimony.  On page 3, lines 24-38 of the hearing verbatim transcript, staff described the existing context of the Property, noting that the property is at the intersection of two arterials, Drake Road and College Avenue, and describing the development on each corner. Staff noted that on the northwest corner of the Agenda Item 15 Item # 15 Page 7 intersection is a commercial block with an active development review application, PDP 160043, also known as King Soopers number 146, Midtown Gardens Marketplace. Staff noted that the application includes a proposed supermarket within the existing Kmart building, and a new 7,200 square foot retail building that would replace an existing vacant building on the northeast corner of the site.  The LPC’s discussion regarding context substantially occurs on pages 23 and 24 of the hearing verbatim transcript, more specifically, on page 23, lines 24-40; and page 24, lines 1-30. SUMMARY The Appellants assert that the LPC failed to properly interpret and apply relevant provisions of the City Code. ATTACHMENTS 1. City Clerk's Notice of Hearing and Site Visit (PDF) 2. Notice of Appeal, filed March 7, 2018 (PDF) 3. Staff Report to the Landmark Preservation Commission (PDF) 4. Emails from LPC members (PDF) 5. Staff Presentation to LPC (PDF) 6. Applicant Architectural Examples Provided at LPC Hearing (PDF) 7. Verbatim Transcript of LPC Hearing (PDF) 8. Staff Powerpoint Presentation to Council (PDF) ATTACHMENT 1 City Clerk’s Public Hearing and Site Visit Notice 15.1 Packet Pg. 138 Attachment: City Clerk's Notice of Hearing and Site Visit (6600 : 2601 S College Appeal) 15.1 Packet Pg. 139 Attachment: City Clerk's Notice of Hearing and Site Visit (6600 : 2601 S College Appeal) 15.1 Packet Pg. 140 Attachment: City Clerk's Notice of Hearing and Site Visit (6600 : 2601 S College Appeal) ATTACHMENT 2 Notice of Appeal - Notice of Appeal filed by Bill Wells, Brinkman Development, March 7, 2018 15.2 Packet Pg. 141 Attachment: Notice of Appeal, filed March 7, 2018 (6600 : 2601 S College Appeal) 15.2 Packet Pg. 142 Attachment: Notice of Appeal, filed March 7, 2018 (6600 : 2601 S College Appeal) 15.2 Packet Pg. 143 Attachment: Notice of Appeal, filed March 7, 2018 (6600 : 2601 S College Appeal) 15.2 Packet Pg. 144 Attachment: Notice of Appeal, filed March 7, 2018 (6600 : 2601 S College Appeal) ATTACHMENT 3 Staff Report (with attachments) Provided to the Landmark Preservation Commission, Hearing held February 21, 2018 15.3 Packet Pg. 145 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Agenda Item 3 Item # 3 Page 1 STAFF REPORT February 21, 2018 Landmark Preservation Commission PROJECT NAME 2601 SOUTH COLLEGE DETERMINATION OF ELIGIBILITY APPEAL STAFF Cassandra Bumgarner, Historic Preservation Planner PROJECT INFORMATION PROJECT DESCRIPTION: This item is to consider the appeal of the determination of eligibility for Fort Collins local landmark designation of 2601 South College Avenue, which was considered eligible for its association with the growth of the automobile industry and the Ghent family and for its distinctive mid-century automobile dealership characteristics. APPLICANT: Bill Wells, Brinkman Partners, applicant OWNER: Dracol LLC, owner RECOMMENDATION: N/A EXECUTIVE SUMMARY BACKGROUND On October 20, 2017, Historic Preservation staff received an application for Historic Review for three properties associated with a potential development proposal at the southwest corner of College Avenue and Drake Road. Brinkman Construction submitted the application on behalf of the current property owners of 2601 South College Avenue, 2627 South College Avenue, and 132 West Thunderbird Road. The existing buildings at 2627 South College Avenue and 132 West Thunderbird Road were constructed less than 50 years ago, so Historic Review was not required for either property. Land Use Code section 3.4.7(C), “Determination of Landmark Eligibility,” provides the process for identifying historic resources on and adjacent to development sites and requires that the decisions be made in accordance with the applicable provisions in Chapter 14 of the Municipal Code. On October 26, 2017, the Director of Community Development and Neighborhood Services and the Chair of the Landmark Preservation Commission reviewed the 2601 South College Avenue property based on the provisions in Chapter 14 Section 14-72 and found that the proposed demolition of the primary structure on the property, constructed circa 1966, would constitute a major alteration because it would negatively impact all seven aspects of exterior physical integrity. They also determined that the property is individually eligible as a Fort Collins Landmark based on significance under Standard A for its association with the growth of the automobile industry and automobile dealerships in Fort Collins; under Standard B for its association with the Ghent family; and under Standard C, as a property that still embodies the distinctive original characteristics of a mid-century automobile dealership. The Chair of the Landmark Preservation Commission noted that the building may be the last remaining mid-century modern automobile dealership with good historic integrity in Fort Collins. The reviewers also noted that the roof materials have changed over time and some service garage doors were replaced, but that the property maintains a preponderance of original architectural integrity. The reviewers found that seven of the seven aspects of integrity are intact, as follows: 3 Packet Pg. 91 15.3 Packet Pg. 146 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Agenda Item 3 Item # 3 Page 2 • Materials: Exterior materials appear to be original except for the roof and garage doors based on evidence from the Larimer County Tax Assessor card and photograph from 1978, negatives from the Coloradoan collection at the Fort Collins Local History Archives, and present-day photos provided by the applicant. • Design: Building proportions, configuration, roofline, and large windows remain intact. • Workmanship: The property provides evidence of historic construction trends for mid-century modern dealerships. • Location: Building is in its original location on the site. • Setting: The building’s commercial setting on a large corner lot at the intersection of two arterials, College and Drake, remains largely intact. • Feeling: The majority of physical features-design, materials, workmanship, and setting-are intact and convey the building’s intact historic character. • Association: As a functioning auto dealership today, the building retains its historic association with the automobile industry. The following documentation was provided at the October 26, 2017 meeting as evidence to inform the determination of eligibility: Larimer County Tax Assessor information, negatives from the Coloradoan collection, the applicant’s photographs, archival research on Dwight and Frank Ghent, and knowledge of historic midcentury architecture by staff and Landmark Preservation Commission members. The documentation also included a conceptual development review application dated August 30, 2017. This information has been attached to this report. When making the original determination of eligibility, the Director of Community Development and Neighborhood Services and the Chair of the Landmark Preservation Commission did not have the Colorado Cultural Resource Survey Architectural Inventory Form, which is required documentation for the appeal process, or the photographs of the historic W.A. Drake carriage steps on the property, submitted by Meg Dunn on November 2, 2017. This new information is also attached. Following the determination of major work and the determination of eligibility, the property was posted and public notice in the Coloradoan and on the City website was provided, as required by Section 14-6(a) of the Fort Collins Municipal Code in order to provide opportunity for public comment and appeal of the determination of eligibility. On November 7, 2017, Bill Wells, on behalf of the current owner of 2601 South College Avenue, submitted a written appeal of the decision that the property is individually eligible in accordance with the appeal procedure outlined in Sections 14-6(b) and 14-72(e). The appellant has met all of the requirements outlined in the code regarding the appeal process, including submittal of a Colorado Cultural Resource Survey Architectural Inventory Form prepared by an independent expert in historic preservation and paid for by the appellant. The appeal of the determination of eligibility was publicly posted on January 5, 2017. Historic Preservation staff received no other comment or appeals from other members of the public within fourteen days of the original determination of eligibility. RELEVANT CODES AND PROCESSES FOR HISTORIC REVIEW Section 14-5, “Standards for determining the eligibility of sites, structures, objects and districts for designation as Fort Collins landmarks or landmark districts,” includes the following information regarding determinations of eligibility. “Properties eligible for designation must possess both significance and exterior integrity. In making a determination of eligibility, the context of the area surrounding the property shall be considered. (1) Significance is the importance of a site, structure, object or district to the history, architecture, archeology, engineering or culture of our community, State or Nation. Significance is achieved through meeting one (1) or more of four (4) standards recognized by the U.S. Department of Interior, National Park Service. These standards define how properties are significant for their association with events or persons, in design or construction, or for their information potential. 3 Packet Pg. 92 15.3 Packet Pg. 147 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Agenda Item 3 Item # 3 Page 3 (2) Standards for determining significance: a. Events. Properties may be determined to be significant if they are associated with events that have made a recognizable contribution to the broad patterns of the history of the community, State or Nation. A property can be associated with either (or both) of two (2) types of events: 1. A specific event marking an important moment in Fort Collins prehistory or history; and/or 2. A pattern of events or a historic trend that made a recognizable contribution to the development of the community, State or Nation. b. Persons/Groups. Properties may be determined to be significant if they are associated with the lives of persons or groups of persons recognizable in the history of the community, State or Nation whose specific contributions to that history can be identified and documented. c. Design/Construction. Properties may be determined to be significant if they embody the identifiable characteristics of a type, period or method of construction; represent the work of a craftsman or architect whose work is distinguishable from others by its characteristic style and quality; possess high artistic values or design concepts; or are part of a recognizable and distinguishable group of properties. This standard applies to such disciplines as formal and vernacular architecture, landscape architecture, engineering and artwork, by either an individual or a group. A property can be significant not only for the way it was originally constructed or crafted, but also for the way it was adapted at a later period, or for the way it illustrates changing tastes, attitudes, and/or uses over a period of time. Examples are residential buildings which represent the socioeconomic classes within a community, but which frequently are vernacular in nature and do not have high artistic values. d. Information potential. Properties may be determined to be significant if they have yielded, or may be likely to yield, information important in prehistory or history. (3) Exterior integrity is the ability of a site, structure, object or district to be able to convey its significance. The exterior integrity of a resource is based on the degree to which it retains all or some of seven (7) aspects or qualities established by the U.S. Department of Interior, National Park Service: location, design, setting, materials, workmanship, feeling and association. All seven (7) qualities do not need to be present for a site, structure, object or district to be eligible as long as the overall sense of past time and place is evident. (4) Standards for determining exterior integrity: a. Location is the place where the historic property was constructed or the place where the historic event occurred. b. Design is the combination of elements that create the form, plan space, structure and style of a property. c. Setting is the physical environment of a historic property. Whereas location refers to the specific place where a property was built or an event occurred, setting refers to the character of the place. It involves how, not just where, the property is situated and its relationship to the surrounding features and open space. d. Materials are the physical elements that form a historic property. e. Workmanship is the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory. It is the evidence of artisans' labor and skill in constructing or altering a building, structure or site. f. Feeling is a property's expression of the aesthetic or historic sense of a particular period or time. It results from the presence of physical features that, taken together, convey the property's historic character. g. Association is the direct link between an important historic event or person and a historic property. A property retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like feeling, association requires the presence of physical features that convey a property's historic character. 3 Packet Pg. 93 15.3 Packet Pg. 148 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Agenda Item 3 Item # 3 Page 4 (5) Context. The area required for evaluating a resource's context is dependent on the type and location of the resource. A house located in the middle of a residential block could be evaluated in the context of the buildings on both sides of the block, while a house located on a corner may require a different contextual area. Upon the submittal of an application necessitating a determination of eligibility for designation as a Fort Collins Landmark or Landmark District, the Director and/or the chair of the Commission shall determine the minimum area required for evaluating context, and such information, including photographs and other documents, as required for the determination.” The process for application of the above Municipal Code to properties submitted for historic review is based on the framework established in the National Park Service Bulletin 15, “How to Apply the National Register Criteria for Evaluation.” According to that federal guidance, a property considered significant under Standard C (architectural significance), must retain three of the seven aspects of integrity in particular: materials, design, and workmanship. The bulletin also notes that feeling is an aspect of integrity that requires the presence of the majority of the physical features (design, materials, workmanship, and setting) that together convey historic character. Because this relies on perception, feeling should be noted as an intact aspect of integrity only in combination with those other aspects of integrity to support a determination of eligibility. Likewise, association also relies on perception and thus must be combined with other aspects of integrity to support eligibility. ROLE OF THE COMMISSION Based on the appeal process for determinations of eligibility outlined in Section 14-6(b), the Commission must consider an appeal of determination based on the provided evidence from the initial review and the new evidence in the form of the Colorado Cultural Resource Survey Architectural Inventory Form prepared by an independent expert in historic preservation. The Commission should use the above standards for determining the eligibility of sites, structures, objects, and districts for designation as Fort Collins landmarks in Section 14-5 to make that determination. Final decisions of the Commission shall be subject to the right of appeal to the City Council, as stated in Section 14-9. SAMPLE MOTIONS If the Commission determines that the property is individually eligible for Fort Collins Landmark designation in compliance with Chapter 14 of the Municipal Code, it may propose a motion based on the following: “I move that the Landmark Preservation Commission find 2601 South College Avenue individually eligible as a Fort Collins landmark, according to the standards outlined in Section 14-5 of the Fort Collins Municipal Code, based on the following findings of fact: [insert findings].” If the Commission finds that the property is not individually eligible for Fort Collins Landmark designation in compliance with Chapter 14 of the Municipal Code, it may propose a motion based on the following: “I move that the Landmark Preservation Commission find 2601 South College Avenue not individually eligible as a Fort Collins landmark according to the standards outlined in Section 14-5 of the Fort Collins Municipal Code, based on the following findings of fact [insert findings].” Note: The Commission may propose other wording for the motion based on its evaluation. 3 Packet Pg. 94 15.3 Packet Pg. 149 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) COMMISSION REQUESTS FOR ADDITIONAL INFORMATION (FEBRUARY 14 WORK SESSION): For the Applicant: What will happen with the W. A. Drake steps on the property? Staff has let the applicant know about this request. Bill Wells with Brinkman Partners has confirmed that they plan to save or reuse the steps in any redevelopment. They will be prepared to discuss the steps at the February 21 meeting. For Staff: What is the current context of the area? The 2601 South College Avenue site is in a commercial block at the southwest corner of two arterials: Drake Road and College Avenue. On the southeast corner of the Drake and College intersection is more commercial development with residential further east. On the northeast corner, there is some commercial development with residential toward the north and east. Some of the residential buildings in this area have commercial occupants. On the northwest corner of the intersection is a commercial block with an active development review application, PDP160043, King Soopers #146, Midtown Gardens Marketplace. The application includes a proposed supermarket within the existing Kmart building and a new 7,200 square foot retail building that would replace an existing vacant building on the northeast corner of the site. The project had a neighborhood meeting on November 2, 2016. The Round 1 staff review meeting was held on January 18, 2017 and additional review is ongoing. What is known about the energy efficiency of the 2601 South College building as it stands? (See attached email from Michael Bello) Staff has forwarded this request to the applicant. Staff notes that this question is not applicable to the code requirements for determining the eligibility for designation of a property. Additionally, staff does not have information readily available to address it. Bud Frick’s email with historic photographs of automobile dealerships. (See attached email from Bud Frick). Bud Frick sent an email on February 15, 2018 to the Landmark Preservation Commission and staff regarding automobile dealerships from this era. Staff has forwarded this email to the applicant, included the email as an attachment this report, and pulled the photographs from each link into the attachment. ATTACHMENTS 1. Location Map (PDF) 2. 2017-10-26 Historic Review (PDF) 3. 2017-10-20 Applicant Photos of Property (PDF) 4. 1978 Tax Assessor Card (PDF) 5. 1966-1967 Coloradoan Negatives (PDF) 6. Historical Information Ghent Family (PDF) 7. 2017-11-02 Carriage Steps (PDF) 8. Architectural Inventory Form (PDF) Item # 4 Page 4 Packet Pg. 95 15.3 Packet Pg. 150 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) E Drake Rd W Drake Rd S College Ave Mcclell a n d Dr Princeton R d W Thunderbird Dr Yal e Av e Harvard S t E Thunderbird Dr Frontage Rd Frontage Rd Frontage Rd Bay R d R edwin g Rd «¬287 Colorado State University 2601 South College Avenue © Location Map 1 inch = 194 feet Site 3.a Packet Pg. 96 Attachment: Location Map (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) 15.3 Packet Pg. 151 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) 3.b Packet Pg. 97 Attachment: 2017-10-26 Historic Review (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) Attachment 2 to staff report to LPC 15.3 Packet Pg. 152 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) 3.b Packet Pg. 98 Attachment: 2017-10-26 Historic Review (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) Attachment 2 to staff report to LPC 15.3 Packet Pg. 153 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) 3.b Packet Pg. 99 Attachment: 2017-10-26 Historic Review (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) Attachment 2 to staff report to LPC 15.3 Packet Pg. 154 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) 3.b Packet Pg. 100 Attachment: 2017-10-26 Historic Review (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) Attachment 2 to staff report to LPC 15.3 Packet Pg. 155 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) 3.b Packet Pg. 101 Attachment: 2017-10-26 Historic Review (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) Attachment 2 to staff report to LPC 15.3 Packet Pg. 156 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Showroom East - Looking West 3.c Packet Pg. 102 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 157 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Showroom East - Looking West 3.c Packet Pg. 103 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 158 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Showroom North - Looking South West 3.c Packet Pg. 104 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 159 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Showroom North - Looking South 3.c Packet Pg. 105 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 160 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Showroom South - Looking North 3.c Packet Pg. 106 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 161 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Showroom South - Looking North East 3.c Packet Pg. 107 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 162 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Showroom North West - Looking South East 3.c Packet Pg. 108 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 163 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Service.Repair South East - Looking North East Showroom West - Looking North East 3.c Packet Pg. 109 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 164 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Service.Repair and Showroom North East - Looking South East 3.c Packet Pg. 110 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 165 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Service.Repair North Center - Looking South 3.c Packet Pg. 111 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 166 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Service.Repair North Center - Looking South 3.c Packet Pg. 112 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 167 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Service.Repair North Center - Looking South 3.c Packet Pg. 113 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 168 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Service.Repair North West - Looking South East Showroom West - Looking South East 3.c Packet Pg. 114 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 169 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Service.Repair North West - Looking South West 3.c Packet Pg. 115 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 170 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Service.Repair North West - Looking South West 3.c Packet Pg. 116 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 171 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Service.Repair North West - Looking South 3.c Packet Pg. 117 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 172 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Service.Repair West - Looking East 3.c Packet Pg. 118 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 173 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Outbuilding South - Looking North 3.c Packet Pg. 119 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 174 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Service.Repair South Center - Looking North 3.c Packet Pg. 120 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 175 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Service.Repair South - Looking North 3.c Packet Pg. 121 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 176 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Service.Repair South - Looking North West 3.c Packet Pg. 122 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 177 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Service.Repair South - Looking North West 3.c Packet Pg. 123 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 178 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Service.Repair South - Looking North 3.c Packet Pg. 124 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 179 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Service.Repair South East - Looking North East Showroom West - Looking North East 3.c Packet Pg. 125 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 180 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Service.Repair South West - Looking North West 3.c Packet Pg. 126 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 181 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Outbuilding East - Looking West 3.c Packet Pg. 127 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 182 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Outbuilding North - Looking South 3.c Packet Pg. 128 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 183 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Outbuilding South - Looking North 3.c Packet Pg. 129 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 184 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Outbuilding West - Looking East 3.c Packet Pg. 130 Attachment: 2017-10-20 Applicant Photos of Property (6371 : 2601 S COLLEGE DETERMINATION OF Attachment 3 to staff report to LPC 15.3 Packet Pg. 185 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) 3.d Packet Pg. 131 Attachment: 1978 Tax Assessor Card (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY Attachment 4 to staff report to LPC 15.3 Packet Pg. 186 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) 3.d Packet Pg. 132 Attachment: 1978 Tax Assessor Card (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY Attachment 4 to staff report to LPC 15.3 Packet Pg. 187 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Coloradoan Collection Fort Collins Local History Archives Date: 1967-01-09 3.e Packet Pg. 133 Attachment: 1966-1967 Coloradoan Negatives (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) 15.3 Packet Pg. 18 Coloradoan Collection Fort Collins Local History Archives Date: 1966-09-01 3.e Packet Pg. 134 Attachment: 1966-1967 Coloradoan Negatives (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) 15.3 Packet Pg. 189 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Coloradoan Collection Fort Collins Local History Archives Date: 1966-10-01 3.e Packet Pg. 135 Attachment: 1966-1967 Coloradoan Negatives (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) 15.3 Packet Pg. 190 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Coloradoan Collection Fort Collins Local History Archives Date: 1966-10-22 3.e Packet Pg. 136 Attachment: 1966-1967 Coloradoan Negatives (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) 15.3 Packet Pg. 191 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) 1IPUPTUBLFOPO/PWFNCFS CZ.FH %VOO5IFTFQIPUPTXFSFOPUBWBJMBCMFGPS UIFEFNPMJUJPOBMUFSBUJPOSFWJFX 3.g Packet Pg. 139 Attachment: 2017-11-02 Carriage Steps (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY 15.3 Packet Pg. 192 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal)               1IPUPTUBLFOPO/PWFNCFS CZ.FH %VOO5IFTFQIPUPTXFSFOPUBWBJMBCMFGPS UIFEFNPMJUJPOBMUFSBUJPOSFWJFX 3.g Packet Pg. 140 Attachment: 2017-11-02 Carriage Steps (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY 15.3 Packet Pg. 193 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal)                                                                           1IPUPTUBLFOPO/PWFNCFS CZ.FH %VOO5IFTFQIPUPTXFSFOPUBWBJMBCMFGPS UIFEFNPMJUJPOBMUFSBUJPOSFWJFX 3.g Packet Pg. 142 Attachment: 2017-11-02 Carriage Steps (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY 15.3 Packet Pg. 195 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) 3.f Packet Pg. 137 Attachment: Historical Information Ghent Family (6371 : 2601 S COLLEGE DETERMINATION OF 15.3 Packet Pg. 196 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) 3.f Packet Pg. 138 Attachment: Historical Information Ghent Family (6371 : 2601 S COLLEGE DETERMINATION OF 15.3 Packet Pg. 197 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Resource Number: 5LR.14283 Temporary Resource Number: 1 OAHP1403 Rev. 9/98 COLORADO CULTURAL RESOURCE SURVEY Architectural Inventory Form I. IDENTIFICATION Official eligibility determination (OAHP use only) Date Initials Determined Eligible- NR Determined Not Eligible- NR Determined Eligible- SR Determined Not Eligible- SR Need Data Contributes to eligible NR District Noncontributing to eligible NR District 1. Resource number: 5LR.14283 2. Temporary resource number: 3. County: Larimer 4. City: Fort Collins 5. Historic building name: Ghents Motors Company 6. Current building name: Spradley-Barr Mazda, Inc. 7. Building address: 2601 South College Avenue, Fort Collins, CO, 80525 8. Owner name and address: DraCol, LLC., P.O. Box 270710, Fort Collins, CO., 80527. II. GEOGRAPHIC INFORMATION 9. P.M. 6th Township 7N Range 69W NE ¼ of NE ¼ of NE ¼ of NE ¼ of section 26 10. UTM reference Zone 1 3 ; 4 9 3 3 4 9 mE 4 4 8 9 0 1 9 mN 11. USGS quad name: Fort Collins 1960 (p.r.1984) Year: 1984 Map scale: 7.5' x 15' Attach photo copy of appropriate map section. 12. Lot(s): 1 Block: Ghent FTC; Less 96030371; Less POR to City Per 20150057258. Addition: Ghent Annexation Year of Addition: 1966 13. Boundary Description and Justification: From the Larimer County Assessor’s Office is the following legal land description for Larimer County Parcel No. 9726114001. The commercial building is on the southwest corner of the intersection of South College Avenue and West Drake Road. The property's northern boundary is West Drake, the eastern boundary is South College Avenue, the western boundary is McClelland Drive and the southern boundary is West Thunderbird Drive. Annexed to the city of Fort Collins as the Ghent Annexation in 1966, the boundary description dates from the mid-1960s. III. Architectural Description 14. Building plan (footprint, shape): There are two buildings associated with 5LR.14283. Building A is the main showroom and features an irregular building plan, Building B is a garage and features a rectangular footprint. 15. Dimensions in feet: A: Length 83.5’’ x Width 104’ B: Length: 59.3’ x Width 29.3’. 16. Number of stories: Bldgs. A and B: Single. 17. Primary external wall material(s): Bldg. A: Glass and Stone. Bldg., B: Concrete and Stone 18. Roof configuration: Bldg. A: Gable and Flat. Bldg B: Gable. 19. Primary external roof material: Bldgs. A and B: Metal. 3.h Packet Pg. 143 Attachment: Architectural Inventory Form (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) 15.3 Packet Pg. 198 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Resource Number: 5LR.14283 Temporary Resource Number: 2 20. Special features: Two separate buildings both associated with automobile sales and service, Parking lot surrounds both buildings. Large stationary windows. Metal gable roof canopy. Rolling metal garage doors with windows. 21. General architectural description: This is the first recordation of 5LR.14283. According to the Larimer County Assessor, 5LR.14283 was constructed in 1966. Bldg A, Eastern Elevation: A gabled metal roof extends from Bldg. A’s exterior to form a canopy. The canopy measures 56 feet in length and 30 feet wide. Six metal posts support the metal gable roof. It is unclear when this canopy was added. Beneath the roof are two signs. The first sign, closest to the gable’s peak, reads “Mazda.” The sign below reads: “Spradley/Barr.” Building A’s eastern elevation is composed of six large glass metal window framed windows. These windows begin at ground level and extend to the height of the walls. Above the windows, paneling indeterminate materials covers six original windows, and reach to the gable’s peak. A decorative stone façade is set to the south of the showroom. This is the north wall of the parts and service section of the building. Bldg. A Northern elevation: Five stationary metal frame windows extend from the building’s northeast corner to the east. A metal frame commercial door is located within in this glass panel. This door provides the primary entry into the building’s showroom. A stone façade extends approximately 20 feet from this entry way. The stone façade extends from ground level to beneath the roofline. The stone façade is interrupted by four stationary metal frame windows similar in design and materials to those near the building’s northeast corner. The stone façade continues to the north for approximately another 25 feet. The façade extends from the ground to beneath the roofline. A glass and metal foyer connects the showroom and the parts and service garage of Bldg. A. This foyer is irregularly shaped and is about six feet wide on the northern elevation. The Service Section of the building appears to have been stuccoed. The roof line of the northern roofline features a cornice along the façade’s length. The Service Section is in three sections, with the center section tall enough to accommodate trucks. The first section has three backlit signs beneath the cornice. The first “Service Parts,” is above a rectangular metal sliding window. This appears to have been the first service bay of nine in the first section. Approximately five feet to the west is the second service bay. The second backlit sign reads “Full Service” and is above fourth and fifth bays. “Express Lube Plus” is above the eighth and ninth service bays. The metal rolling garage doors in this section each have three-over-three stationary windows in the center and all are replacements. The original rolling doors were predominately glass, the panes arranged in three columns and five rows. The bottom row was solid and probably metal. The center section has three truck sized rolling doors. Of the three doors the one farthest east appears to be original with three columns and six rows of glass panels, the seventh row at the ground level is metal. The other two doors are newer and match the ones in the first section. A sign above the two new doors reads “Spradley Barr.” Six feet west is a double human door, above which a backlit sign, “Body & Paint.” The third section has four rolling garage doors. A backlit sign, “Collision Center,” is above the first two doors. The second door is original. The other three rolling doors are newer. All of the rolling doors on this elevation are spaced two feet apart, except the two furthest to the west which are four feet apart. Bldg. A Western elevation: There are no fenestrations along the showroom’s western elevation. Concrete block is visible from ground level to the gable peak. The wood laminate beams supporting the roof are visible. On the western elevation of the service and parts garage is a solid concrete block wall. Two small prefabricated 3.h Packet Pg. 144 Attachment: Architectural Inventory Form (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) 15.3 Packet Pg. 199 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Resource Number: 5LR.14283 Temporary Resource Number: 3 additions were made to the building in the 1990s. They have shed roofs, and human doors on the southern elevations. Bldg. A Southern elevation: Beginning at the building’s southeast corner and heading to the west are stationary metal framed windows. These windows extend from the ground level to beneath the roofline. A metal framed commercial door is located in the glass panel nearest to the parts and service exterior. This door is the only access to the showroom from the southern elevation. The southern elevation of the parts and service section features a square, rolling garage door near this section’s southeastern corner. An eight-foot high chain link fence extends from the exterior wall for approximately eight feet and surrounds a loading dock that is two feet from ground level. Outside of the fence, three steps lead up to a metal human door. Near the south west corner of the parts and service section is a three sided metal framed bay window. A rolling metal door can close off the bay window from the main building. The foyer between the parts and service section and the service bays is about 15 feet wide on this elevation and its flat roof has a three foot eave. A small rounded porch is a couple of inches above ground level. Similar to the northern elevation, the southern elevation features a like number rolling garage doors. The last four in the first section appear to be original, as is the second door in the center section. Bldg. B (Used Car Sales): Bldg., B was originally constructed as the Used Car Sales office. It is located approximately 20 feet north of Bldg. A. Bldg. B features a metal gable roof with exposed wood laminate beams. Eastern elevation. The rough stone treatment found on the eastern and northern elevations of Bldg. A covers almost half of the eastern elevation of Bldg. B. Stationary metal framed windows also like Bldg. A. extend from the ground to the gable peak and from the stone covered wall to the northeast corner. In the northeast corner a metal framed stationary glass door enters the front office area. Northern elevation: From northeast corner, six, two-foot-wide, metal-framed, stationary windows reach from the floor to the top of the wall. The rest of the wall is the same rough stone as use on the eastern elevation. Western elevation: Two metal and glass rolling garage doors cover this elevation. These doors have 15 panels in five rows. The middle three rows are glass and the top and bottom rows are metal. The doors are set about two feet apart. The wall is painted concrete block. The wood laminate beams are exposed under the roof. Southern elevation: A metal, human door is located near the southwest corner. There are no other fenestrations along this elevation, and the wall is painted concrete block. 22. Architectural style/building type: Bldgs. A and B: No Style. 23. Landscaping or special setting features: An open asphalt parking lot surrounds 5LR.14283 in four directions. A mature deciduous tree grows near the main showroom’s southeast corner. Four small trees grow along the curb parallel South College Avenue. 24. Associated buildings, features, or objects: As of December 2017, there were other commercial buildings within the boundaries of the Ghent Addition. Most notably, the Sherwin-Williams Paint Shop at 2627 South College Avenue. This building was not recorded as part of this survey. IV. ARCHITECTURAL HISTORY 25. Date of Construction: Estimate: Actual: 1966 Source of information: Larimer County Office Website, Parcel No. 9726114001. https://www.larimer.org/assessor/search#/property/?fromAddrNum=2601&address=College&city=FORT%20CO LLINS&sales=any&accountid=R0133361. Accessed December 10, 2017. 3.h Packet Pg. 145 Attachment: Architectural Inventory Form (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) 15.3 Packet Pg. 200 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Resource Number: 5LR.14283 Temporary Resource Number: 4 26. Architect: Unknown. Source of information: 27. Builder/Contractor: Unknown. Source of information: 28. Original owner: Frank Ghent Source of information: R.L. Polk, 1966 City of Fort Collins Directory. Located at Fort Collins Museum of Discovery Archives and City of Fort Collins Building Permit Correspondence, Tom Coffey to Mike DiTullio, June 7, 1972. http://citydocs.fcgov.com/?cmd=convert&vid=51&docid=12054&dt=OA-OTHER+AGREEMENTS. Accessed December 27, 2017. 29. Construction history (include description and dates of major additions, alterations, or demolitions): The Larimer County Assessor’s Office gives the date of construction for 5LR.14283 as 1966. For most of the twentieth century, this site was W.A. Drake farm site. The construction of the Ghents car dealership came after the publication of Sanborn Fire Insurance Maps. The Ghent’s added a car wash-service station to the site in 1972. The introduction of the car wash required the introduction of sidewalks, curb, and gutters. The canopy was added later, it does not appear in the earliest photos held by the Fort Collins Museum of Discovery. The windows in the gable were likely replaced at the same time as the ceiling was lowered. A permit for alteration for a minor office remodel in 1998 is perhaps when the ceiling was lowered. Plans held at the Fort Collins Permit Office indicate two additions – one measuring 18.5’ x 10’ and the other measuring 15’ x 10’ – were constructed along the building’s western façade in 2004. 30. Original location X Moved Date of move(s): V. HISTORICAL ASSOCIATIONS 31. Original use(s): Commerce-Trade/Specialty 32. Intermediate use(s): Commerce-Trade/Specialty 33. Current use(s): Commerce-Trade/Specialty 34. Site type(s): Automobile Dealership 35. Historical background: Based on photographs held at the Fort Collins Museum of Discovery, W.A. Drake operated a farm at the southwest corner of South College Avenue and West Drake Road as early as 1905. In 1919, Frank Ghent was discharged from the United States Navy. After the war, Ghent, and his wife Vera, lived in Fort Collins, and homesteaded in northwestern Colorado before returning to Fort Collins and working as a real estate agent. In 1940, he opened a car dealership at 205 North College Avenue, and in the 1950s he had a location at 262 East Mountain Avenue. In addition to his business interests, Ghent was a chair of a Fort Collins Civil Defense organization during World War II and served eight years as a Colorado highway commissioner. In 1966, Ghent moved his Ford-Lincoln-Mercury dealership to 2601 South College Avenue. The dealership is contained in the Ghent Annexation. The City of Fort Collins formalized the Ghent Annexation at the time Frank Ghent was getting ready to build his new dealership. As part of the deal the city accepted as approved the county’s building permits, and added street lights, curb and gutter on Drake Street. In 1996, the Ghents sold to another established Fort Collins auto dealer, Spradley-Barr. In 2012, DraCol assumed ownership of this property, but kept the Spradley-Barr name of the dealership. As of December 2017, DraCol retains ownership of 5LR.14283. 3.h Packet Pg. 146 Attachment: Architectural Inventory Form (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) 15.3 Packet Pg. 201 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Resource Number: 5LR.14283 Temporary Resource Number: 5 36. Sources of information: Cara Neth, “90-year-old Founder of Ghent Motors Dies,” Fort Collins Coloradoan, (January 7, 1985): A-1, A-10, R.L. Polk, Fort Collins City Directories, 1966-2006. Located at Fort Collins Museum of Discovery, History Archives; Sanborn Fire Insurance Maps, 1917-1943; Located on the Denver Public Library-Western History Collection website; Larimer County Assessor’s Office Appraisal Card, Parcel No. 9726114001, and City of Fort Collins Building Permit Correspondence, Tom Coffey to Mike DiTullio, June 7, 1972. City of Fort Collins Public Records, http://citydocs.fcgov.com/?cmd=convert&vid=51&docid=12054&dt=OA-OTHER+AGREEMENTS. Accessed December 27, 2017. VI. SIGNIFICANCE 37. Local landmark designation: Yes No X Date of designation: Designating authority: 38. Applicable National Register Criteria: A. Associated with events that have made a significant contribution to the broad pattern of our history; B. Associated with the lives of persons significant in our past; C. Embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or that possess high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or D. Has yielded, or may be likely to yield, information important in history or prehistory. Qualifies under Criteria Considerations A through G (see Manual) X Does not meet any of the above National Register criteria Applicable City of Fort Collins Local Landmark Criteria: ___ 1. The property is associated with events that have made a significant contribution to the broad patterns of history; or 2. The property is associated with the lives of persons that have made a significant contribution to the broad patterns of history; or, 3. The property embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or that possess high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or 4. Has yielded, or may be likely to yield, information important in history or prehistory. X Does not meet any of the above Local Landmark criteria 39. Area(s) of significance: None. 40. Period of significance: N/A 41. Level of significance: National State Local 42. Statement of significance: This is the first recordation of 5LR.14283. The Ghents/Spradley-Barr dealership has been at this location since 1966. The car dealership is one of many along College Avenue. This was the third location for Ghent during the twentieth century. Because of the predominance of car dealerships as a twentieth century business model nationally, across Colorado and along College Avenue in Fort Collins, 5LR.14283 would not be considered eligible for listing to either the National or State Register under Criterion A. Frank Ghent was a successful 3.h Packet Pg. 147 Attachment: Architectural Inventory Form (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) 15.3 Packet Pg. 202 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Resource Number: 5LR.14283 Temporary Resource Number: 6 Fort Collins businessman from the 1940s until his death in 1985. Mr. Ghent was actively involved in the life of his community for most of his 90 years. However, that involvement is not at a level of eligibility for listing to the National or State Register under Criterion B. Based on photographs from the 1970s, the exterior of the 51-year-old car dealership has undergone minimal alterations or additions. The exterior is similar to other car dealerships constructed across the United States during the 1960s. The use of large, open glass windows and stone exterior treatments can still be found on other car dealerships, supermarkets, and professional buildings from the same period. The building retains fair historic physical integrity. Because there is nothing unique about the architectural style, settling, feeling, and association, 5LR.14283 is not eligible for listing to the National or State Register under Criterion C. Ghent/Spradley-Barr are perhaps the two best known car dealership in Northern Colorado. Mr. Ghent had been in the auto business for a quarter-century before relocating to this address. His children sold the dealership in 1996 after thirty years at 2601 South College Avenue. Because, Mr. Ghent had started and established his business at another location, 5LR.14283 would not qualify under Fort Collins Local Landmark Criteria 1. Mr. Ghent’s activities in the development of Larimer County and Fort Collins primarily took place before the move to 2601 South College Avenue in 1966. Because of that lack of association with a period in Mr. Ghent’s life where he made his contributions to the county and the city, 5LR.14283 would not qualify as a Fort Collins Local Landmark under Criteria 2. The exterior has undergone alterations over the past five decades. The building does not possess the distinctive characteristics of type, period, or method of construction, or represents the work of a master, or possesses high artistic values. 5LR.14283 would not qualify as a Fort Collins Local Landmark under Criteria 3. 43. Assessment of historic physical integrity related to significance: Research was unable to precisely date alterations to the building A’s footprint since original construction. The largest addition is the canopy on the eastern elevation. One out of 16 original service bays has been enclosed and one bay door has been enclosed on the south elevation at the far west end of Building A. Both of the original rolling garage doors on Building B have been replaced. Twenty-seven of the original garage doors have been replaced. As a result only four of the original 34 rolling garage doors remain. The original doors were 80%-85% windows and the new doors are only 40% window. The roof has been replaced with material not used in 1960s which distracts from the overall historic integrity. It should be noted that 5LR.14283 is well kept but only displays a fair level of historic physical integrity. The change of the roof to non- period materials, and the loss of a character defining elements in the loss of the service bay doors greatly detracts from the historic nature of the building. VII. NATIONAL REGISTER ELIGIBILITY ASSESSMENT 44. National Register eligibility field assessment: Eligible Not Eligible X Need Data 45. Is there National Register district potential? Yes No X Discuss: The commercial district in the vicinity of the intersection of South College Avenue and West Drake Road contains a number of buildings less than 50 years old. The proposed introduction of a residential/commercial center at the southwest corner of South College and West Drake would lessen the current national district potential. If there is National Register district potential, is this building: Contributing Noncontributing X 46. If the building is in existing National Register district, is it: Contributing Noncontributing 3.h Packet Pg. 148 Attachment: Architectural Inventory Form (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) 15.3 Packet Pg. 203 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Resource Number: 5LR.14283 Temporary Resource Number: 7 VIII. RECORDING INFORMATION 47. Photograph numbers: 5LR.14283a through 5LR.14283j. Negatives filed at: Electronic images held by Autobee & Autobee, LLC, Lakewood, CO. 48. Report title: Letter Report: “Determination of Eligibility for 2602 South College Avenue, Fort Collins, CO.” 49. Date(s): December 28, 2017 50. Recorder(s): Robert and Kristen Autobee 51. Organization: Autobee & Autobee, LLC 52. Address: 6900 W. 26th Avenue, Lakewood, CO 80214. 53. Phone number(s): 303-906-7829 NOTE: Please include a sketch map, a photocopy of the USGS quad map indicating resource location, and photographs. History Colorado - Office of Archaeology & Historic Preservation 1200 Broadway, Denver, CO 80203 (303) 866-3395 3.h Packet Pg. 149 Attachment: Architectural Inventory Form (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) 15.3 Packet Pg. 204 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Resource Number: 5LR.14283 Temporary Resource Number: 8 5LR.14283 – Spradley-Barr Showroom (Bldg. A) Eastern and northern elevations. Looking southwest. December 2017. Image 5LR.14283a. Photos showing the eastern elevation before the addition of the canopy, the lowering of the showroom ceiling, and covering of the gable windows. Photos taken September 1, 1966 (right) and September 6, 1966 (left). From Coloradoan Collection, Fort Collins Museum of Discovery. 3.h Packet Pg. 150 Attachment: Architectural Inventory Form (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) 15.3 Packet Pg. 205 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Resource Number: 5LR.14283 Temporary Resource Number: 9 Ghents Motors (6/2/1978). Post canopy addition. Photograph located Fort Collins Museum of Discovery. 2601SCol78_01. 5LR.14283 – Spradley-Barr Showroom (Bldg. A) Eastern and southern elevations. Looking northwest. December 2017. Image 5LR.14283b. 3.h Packet Pg. 151 Attachment: Architectural Inventory Form (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) 15.3 Packet Pg. 206 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Resource Number: 5LR.14283 Temporary Resource Number: 10 5LR.14283 – Spradley-Barr Showroom and Service Bay Section (Bldg. A) Eastern and southern elevations. Looking northwest. December 2017. Image 5LR.14283c. 5LR.14283 – Spradley-Barr Foyer between Parts and Service Section and the Service Bay Section (Bldg. A) Southern elevation. Looking northwest. December 2017. Image 5LR.14283d. 3.h Packet Pg. 152 Attachment: Architectural Inventory Form (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) 15.3 Packet Pg. 207 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Resource Number: 5LR.14283 Temporary Resource Number: 11 Ghents Motors. Photos showing the southern elevation of the Service Bay Section with original rolling garage doors. Photos taken September 1, 1966 From Coloradoan Collection, Fort Collins Museum of Discovery. 5LR.14283 – Spradley-Barr Showroom (Bldg. A) Northern and western elevations. Looking southwest. December 2017. Image 5LR.14283e. 3.h Packet Pg. 153 Attachment: Architectural Inventory Form (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) 15.3 Packet Pg. 208 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Resource Number: 5LR.14283 Temporary Resource Number: 12 5LR.14283 – Spradley-Barr Parts and Service Entry (Foyer) (Bldg. A) Northern elevation. Looking southwest. December 2017. Image 5LR14283f. 5LR.14283 – Spradley-Barr Parts and Service Entry (Foyer) (Bldg. A) Western elevation. Northern elevation of the Service Bay Section. Looking east. December 2017. Image 5LR.14283g. 3.h Packet Pg. 154 Attachment: Architectural Inventory Form (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) 15.3 Packet Pg. 209 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Resource Number: 5LR.14283 Temporary Resource Number: 13 5LR.14283 – Spradley-Barr - Showroom (Bldg. A). Northern and eastern elevations. Looking southwest. December 2017. Image 5LR.14283h. 5LR.14283 – Spradley-Barr – Used Car Sales. (Bldg. B) Western and southern elevations. Looking southwest. December 2017. Image 5LR.14283i. 3.h Packet Pg. 155 Attachment: Architectural Inventory Form (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) 15.3 Packet Pg. 210 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Resource Number: 5LR.14283 Temporary Resource Number: 14 5LR.14283 – Spradley-Barr – Used Car Sales (Bldg. B) Eastern and southern elevations. Looking northeast. December 2017. Image 5LR.14283j. 5LR.14283 – Spradley-Barr – Used Car Sales (Bldg. B) Northern elevation. Looking southeast. December 2017. Image 5LR.14283k. 3.h Packet Pg. 156 Attachment: Architectural Inventory Form (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) 15.3 Packet Pg. 211 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Resource Number: 5LR.14283 Temporary Resource Number: 15 Ghents Motors (6/2/1978) Photograph located Fort Collins Museum of Discovery. 2601SCol78_02. Ghents Motors (6/2/1978) Northern elevation of Service Bay Section. Photograph located Fort Collins Museum of Discovery. 2601SCol78_03. 3.h Packet Pg. 157 Attachment: Architectural Inventory Form (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) 15.3 Packet Pg. 212 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Resource Number: 5LR.14283 Temporary Resource Number: 16 2601 South College Avenue (5LR.14283) 6th P.M., Township 7N, Range 69W NE ¼ of NE ¼ of NE ¼ of NE ¼ of section 26 UTM reference Zone 13 4 9 3 3 4 9 mE 4 4 8 9 0 1 9 mN Fort Collins 1960 (p.r., 1984), 7.5’ USGS topo map Larimer County 5LR.14283 3.h Packet Pg. 158 Attachment: Architectural Inventory Form (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) 15.3 Packet Pg. 213 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) Resource Number: 5LR.14283 Temporary Resource Number: 17 Sketch Map (5LR.14283) 2601 South College Avenue Showroom N West Drake Road South College Avenue A B A Used Car Sales Service Bays Foyer Parts and Service Parking Parking Parking 5LR.1428 3 Sherwin-Williams Paint Store – Not part of survey. McClelland Drive 3.h Packet Pg. 159 Attachment: Architectural Inventory Form (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY APPEAL) 15.3 Packet Pg. 214 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal) ATTACHMENT 4 Emails from Landmark Preservation Commission members 15.4 Packet Pg. 215 Attachment: Emails from LPC members (6600 : 2601 S College Appeal) From: W.J. FRICK To: Cassandra Bumgarner; Alexandra Wallace; Kristin Gensmer; Per Hogestad; Mollie Simpson; Meg Dunn; Kaitlin Dorn Subject: Auto dealerships Date: Thursday, February 15, 2018 11:33:48 AM Attached are photos of low pitched/lots of glass 1960's dealerships. These are to counter Attabee's statement that "there is nothing unique about this style" We in Fort America have this one remaining virtually unaltered, set on a pedestal 1960's auto dealership still in it's original use. I can't find Mikes e-mail so forward these to him. Thanks https://i.pinimg.com/736x/36/f7/de/36f7de5260d6a9e6ecc1d83bb03a17b7-- vintage-stuff-vintage-auto.jpg https://i.pinimg.com/736x/06/73/8c/06738c0e0664e10df1743902319d8595-- car-pics-car-pictures.jpg https://i.pinimg.com/736x/86/7c/c4/867cc48524103faa8a7a59b55da079bf-- car-dealerships-photo-credit.jpg https://www.flickr.com/photos/bossmustang/4215068136/in/album- 72157622945726489/ https://www.flickr.com/photos/bossmustang/4214038271/in/album- 72157622945726489/ https://i.pinimg.com/236x/51/24/1a/51241acdeb12f75bd228e8523bc7c1f2-- car-dealerships-san-antonio.jpg https://i.pinimg.com/236x/6b/af/11/6baf11797b8f6c5f614cdf18e3138fc5-- definition-community-high-definition.jpg https://www.flickr.com/photos/bossmustang/12893762455/in/album- 72157622945726489/ ITEM 3, AUTO DEALERSHIP INFO FROM BUD FRICK Page 1 of 16 Packet Page 172-1 15.4 Packet Pg. 216 Attachment: Emails from LPC members (6600 : 2601 S College Appeal) https://www.flickr.com/photos/bossmustang/4219826006/in/album- 72157622945726489/ https://www.flickr.com/photos/bossmustang/4214811474/in/album- 72157622945726489/ https://www.flickr.com/photos/bossmustang/4214810030/in/album- 72157622945726489/ https://www.flickr.com/photos/bossmustang/4214809388/in/album- 72157622945726489/ http://www.roadarch.com/09/8/sunrisech.jpg https://assets.hemmings.com/uimage/3656866-750-539.jpg ITEM 3, AUTO DEALERSHIP INFO FROM BUD FRICK Page 2 of 16 Packet Page 172-2 15.4 Packet Pg. 217 Attachment: Emails from LPC members (6600 : 2601 S College Appeal) ITEM 3, AUTO DEALERSHIP INFO FROM BUD FRICK Page 3 of 16 Packet Page 172-3 15.4 members (6600 : 2601 S College Appeal) ITEM 3, AUTO DEALERSHIP INFO FROM BUD FRICK Page 4 of 16 Packet Page 172-4 15.4 Attachment: Emails from LPC members (6600 : 2601 S College Appeal) ITEM 3, AUTO DEALERSHIP INFO FROM BUD FRICK Page 5 of 16 Packet Page 172-5 15.4 Packet Pg. 220 Attachment: Emails from LPC members (6600 : 2601 S College Appeal) ITEM 3, AUTO DEALERSHIP INFO FROM BUD FRICK Page 6 of 16 Packet Page 172-6 15.4 Attachment: Emails from LPC members (6600 : 2601 S College Appeal) ITEM 3, AUTO DEALERSHIP INFO FROM BUD FRICK Page 7 of 16 Packet Page 172-7 15.4 Attachment: Emails from LPC members (6600 : 2601 S College Appeal) ITEM 3, AUTO DEALERSHIP INFO FROM BUD FRICK Page 8 of 16 Packet Page 172-8 15.4 Attachment: Emails from LPC members (6600 : 2601 S College Appeal) ITEM 3, AUTO DEALERSHIP INFO FROM BUD FRICK Page 9 of 16 Packet Page 172-9 15.4 Attachment: Emails from LPC members (6600 : 2601 S College Appeal) ITEM 3, AUTO DEALERSHIP INFO FROM BUD FRICK Page 10 of 16 Packet Page 172-10 15.4 members (6600 : 2601 S College Appeal) ITEM 3, AUTO DEALERSHIP INFO FROM BUD FRICK Page 11 of 16 Packet Page 172-11 15.4 Attachment: Emails from LPC members (6600 : 2601 S College Appeal) ITEM 3, AUTO DEALERSHIP INFO FROM BUD FRICK Page 12 of 16 Packet Page 172-12 15.4 Attachment: Emails from LPC members (6600 : 2601 S College Appeal) ITEM 3, AUTO DEALERSHIP INFO FROM BUD FRICK Page 13 of 16 Packet Page 172-13 15.4 Packet Pg. 228 Attachment: Emails from LPC members (6600 : 2601 S College Appeal) ITEM 3, AUTO DEALERSHIP INFO FROM BUD FRICK Page 14 of 16 Packet Page 172-14 15.4 Packet Pg. 229 Attachment: Emails from LPC members (6600 : 2601 S College Appeal) ITEM 3, AUTO DEALERSHIP INFO FROM BUD FRICK Page 15 of 16 Packet Page 172-15 15.4 Attachment: Emails from LPC members (6600 : 2601 S College Appeal) ITEM 3, AUTO DEALERSHIP INFO FROM BUD FRICK Page 16 of 16 Packet Page 172-16 15.4 Attachment: Emails from LPC members (6600 : 2601 S College Appeal) From: Michael Bello To: Maren Bzdek Cc: Meg Dunn (barefootmeg@gmail.com); Per Hogestad (per.hogestad@comcast.net); Mike Bello (mbello10@comcast.net); Michael Bello; Katie Dorn (kaitlinedorn@gmail.com); Bud Frick (wjfdg@hotmail.com); Kristin Gensmer (Kgensmer@gmail.com); Kevin Murray - Work (empire@verinet.com); Kevin Murray (kevinmurray@verinet.com); Mollie Simpson (molliecsimpson@gmail.com); alexandra.wallace@colostate.edu; Brad Yatabe; Cassandra Bumgarner; Karen McWilliams Subject: Request for Additional Information on 2601 South College Determination of Eligibility Appeal Date: Friday, February 16, 2018 10:51:14 AM Maren, If it is still possible, I would like to know what is known about the energy efficiency of the 2601 South College building as it stands, especially the front glass structure. This can be supplied at our hearing on Wednesday, I don’t need it ahead of time. Thank you. Michael Bello ITEM 3, REQUEST FROM MIKE BELLO Packet Page 172-17 15.4 Packet Pg. 232 Attachment: Emails from LPC members (6600 : 2601 S College Appeal) ATTACHMENT 5 Staff Presentation to the Landmark Preservation Commission, February 21, 2018 15.5 Packet Pg. 233 Attachment: Staff Presentation to LPC (6600 : 2601 S College Appeal) 1 Cassandra Bumgarner, Historic Preservation Planner Landmark Preservation Commission 02.21.2018 2601 South College Avenue, Appeal— Landmark Designation Eligibility Background and History 2 • Construction Date: 1966 • Community Development and Neighborhood Services (CDNS) Director and Landmark Preservation Commission (LPC) Chair Review: • Proposed work is major • Property was determined individually eligible as a Fort Collins Landmark under Standard A, B, and C: • Events - Association with automobile industry • People/Groups - Association with Ghent family • Design/Construction - intact example of mid-century automobile dealership ITEM 3, EXHIBIT 1 STAFF REPORT, UPDATED FOR HEARING Packet Page 172-18 15.5 Packet Pg. 234 Attachment: Staff Presentation to LPC (6600 : 2601 S College Appeal) Location and Context 3 2601 South College Avenue East Elevation, 2017 ITEM 3, EXHIBIT 1 STAFF REPORT, UPDATED FOR HEARING Packet Page 172-19 15.5 Packet Pg. 235 Attachment: Staff Presentation to LPC (6600 : 2601 S College Appeal) 2601 S College 2601 S College ITEM 3, EXHIBIT 1 STAFF REPORT, UPDATED FOR HEARING Packet Page 172-20 15.5 Packet Pg. 236 Attachment: Staff Presentation to LPC (6600 : 2601 S College Appeal) 2601 S College 2601 S College ITEM 3, EXHIBIT 1 STAFF REPORT, UPDATED FOR HEARING Packet Page 172-21 15.5 Packet Pg. 237 Attachment: Staff Presentation to LPC (6600 : 2601 S College Appeal) 2601 S College 2601 S College ITEM 3, EXHIBIT 1 STAFF REPORT, UPDATED FOR HEARING Packet Page 172-22 15.5 Packet Pg. 238 Attachment: Staff Presentation to LPC (6600 : 2601 S College Appeal) 2601 S College 2601 S College ITEM 3, EXHIBIT 1 STAFF REPORT, UPDATED FOR HEARING Packet Page 172-23 15.5 Packet Pg. 239 Attachment: Staff Presentation to LPC (6600 : 2601 S College Appeal) 2601 S College 2601 S College ITEM 3, EXHIBIT 1 STAFF REPORT, UPDATED FOR HEARING Packet Page 172-24 15.5 Packet Pg. 240 Attachment: Staff Presentation to LPC (6600 : 2601 S College Appeal) 2601 S College Project Summary 16 • Full demolition ITEM 3, EXHIBIT 1 STAFF REPORT, UPDATED FOR HEARING Packet Page 172-25 15.5 Packet Pg. 241 Attachment: Staff Presentation to LPC (6600 : 2601 S College Appeal) Relevant Codes and Processes Section 14-5, ““Standards for determining the eligibility of sites, structures, objects and districts for designation as Fort Collins landmarks or landmark districts,” provides framework for making the determination of eligibility. Eligibility is • Significance • Exterior Integrity *LPC must consider context as well 17 Relevant Codes and Processes Section 14-5, “Standards for determining the eligibility of sites, structures, objects and districts for designation as Fort Collins landmarks or landmark districts,” includes the following information regarding determinations of eligibility. “Properties eligible for designation must possess both significance and exterior integrity. In making a determination of eligibility, the context of the area surrounding the property shall be considered. (1) Significance is the importance of a site, structure, object or district to the history, architecture, archeology, engineering or culture of our community, State or Nation. Significance is achieved through meeting one (1) or more of four (4) standards recognized by the U.S. Department of Interior, National Park Service. These standards define how properties are significant for their association with events or persons, in design or construction, or for their information potential.” 18 ITEM 3, EXHIBIT 1 STAFF REPORT, UPDATED FOR HEARING Packet Page 172-26 15.5 Packet Pg. 242 Attachment: Staff Presentation to LPC (6600 : 2601 S College Appeal) Relevant Codes and Processes “(2) Standards for determining significance: a. Events. Properties may be determined to be significant if they are associated with events that have made a recognizable contribution to the broad patterns of the history of the community, State or Nation. A property can be associated with either (or both) of two (2) types of events: • 1. A specific event marking an important moment in Fort Collins prehistory or history; and/or • 2. A pattern of events or a historic trend that made a recognizable contribution to the development of the community, State or Nation. b. Persons/Groups. Properties may be determined to be significant if they are associated with the lives of persons or groups of persons recognizable in the history of the community, State or Nation whose specific contributions to that history can be identified and documented.” 19 Relevant Codes and Processes “c. Design/Construction. Properties may be determined to be significant if they embody the identifiable characteristics of a type, period or method of construction; represent the work of a craftsman or architect whose work is distinguishable from others by its characteristic style and quality; possess high artistic values or design concepts; or are part of a recognizable and distinguishable group of properties. This standard applies to such disciplines as formal and vernacular architecture, landscape architecture, engineering and artwork, by either an individual or a group. A property can be significant not only for the way it was originally constructed or crafted, but also for the way it was adapted at a later period, or for the way it illustrates changing tastes, attitudes, and/or uses over a period of time. Examples are residential buildings which represent the socioeconomic classes within a community, but which frequently are vernacular in nature and do not have high artistic values. d. Information potential. Properties may be determined to be significant if they have yielded, or may be likely to yield, information important in prehistory or history.” 20 ITEM 3, EXHIBIT 1 STAFF REPORT, UPDATED FOR HEARING Packet Page 172-27 15.5 Packet Pg. 243 Attachment: Staff Presentation to LPC (6600 : 2601 S College Appeal) Relevant Codes and Processes Significance (must meet one or more of the 4) • Events • Groups/People • Design/Construction • Information Potential 21 Relevant Codes and Processes “(3) Exterior integrity is the ability of a site, structure, object or district to be able to convey its significance. The exterior integrity of a resource is based on the degree to which it retains all or some of seven (7) aspects or qualities established by the U.S. Department of Interior, National Park Service: location, design, setting, materials, workmanship, feeling and association. All seven (7) qualities do not need to be present for a site, structure, object or district to be eligible as long as the overall sense of past time and place is evident. (4) Standards for determining exterior integrity: a. Location is the place where the historic property was constructed or the place where the historic event occurred. b. Design is the combination of elements that create the form, plan space, structure and style of a property.” 22 ITEM 3, EXHIBIT 1 STAFF REPORT, UPDATED FOR HEARING Packet Page 172-28 15.5 Packet Pg. 244 Attachment: Staff Presentation to LPC (6600 : 2601 S College Appeal) Relevant Codes and Processes “c. Setting is the physical environment of a historic property. Whereas location refers to the specific place where a property was built or an event occurred, setting refers to the character of the place. It involves how, not just where, the property is situated and its relationship to the surrounding features and open space. d. Materials are the physical elements that form a historic property. e. Workmanship is the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory. It is the evidence of artisans' labor and skill in constructing or altering a building, structure or site. f. Feeling is a property's expression of the aesthetic or historic sense of a particular period or time. It results from the presence of physical features that, taken together, convey the property's historic character.” 23 Relevant Codes and Processes “g. Association is the direct link between an important historic event or person and a historic property. A property retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like feeling, association requires the presence of physical features that convey a property's historic character.” 24 ITEM 3, EXHIBIT 1 STAFF REPORT, UPDATED FOR HEARING Packet Page 172-29 15.5 Packet Pg. 245 Attachment: Staff Presentation to LPC (6600 : 2601 S College Appeal) Relevant Codes and Processes Exterior Integrity (All seven (7) qualities do not need to be present for a site, structure, object or district to be eligible as long as the overall sense of past time and place is evident.) • Location •Design • Setting • Materials •Workmanship • Feeling • Association 25 Relevant Codes and Processes (5) Context. The area required for evaluating a resource's context is dependent on the type and location of the resource. A house located in the middle of a residential block could be evaluated in the context of the buildings on both sides of the block, while a house located on a corner may require a different contextual area...” 26 ITEM 3, EXHIBIT 1 STAFF REPORT, UPDATED FOR HEARING Packet Page 172-30 15.5 Packet Pg. 246 Attachment: Staff Presentation to LPC (6600 : 2601 S College Appeal) National Register Criteria for Evaluation The framework for processing applications is established in the National Park Service Bulletin 15, “How to Apply the National Register Criteria for Evaluation.” Standard A/B: • Location • Setting • Materials •Design Standard C: • Materials •Design • Workmanship 27 Role of the Landmark Preservation Commission • Based on the appeal process outlined in Section 14-6(b), the Commission must determine whether 2601 S College Avenue is individually eligible. • This is a new determination of eligibility based on provided evidence from the initial review and the new evidence in form of the Colorado Cultural Resource Survey Architectural Inventory Form prepared by an independent expert in historic preservation. • The Commission should use the above criteria from Section 14-5 to make that determination. 28 ITEM 3, EXHIBIT 1 STAFF REPORT, UPDATED FOR HEARING Packet Page 172-31 15.5 Packet Pg. 247 Attachment: Staff Presentation to LPC (6600 : 2601 S College Appeal) Appeal of Decisions Sec. 14-9. - Appeal of decisions. Final decisions of the Commission shall be subject to the right of appeal to the City Council as set forth in §2-46et seq., unless otherwise provided. Any action taken in reliance upon any decision of the Commission that is subject to appeal under the provisions of this Chapter shall be at the sole risk of the person(s) taking such action, and the City shall not be liable for any damages arising from any such action taken during said period of time. 29 30 Cassandra Bumgarner, Historic Preservation Planner Landmark Preservation Commission 02.21.2018 2601 South College Avenue, Appeal— Landmark Designation Eligibility ITEM 3, EXHIBIT 1 STAFF REPORT, UPDATED FOR HEARING Packet Page 172-32 15.5 Packet Pg. 248 Attachment: Staff Presentation to LPC (6600 : 2601 S College Appeal) ATTACHMENT 6 Applicant Architectural Examples Provided at the Landmark Preservation Commission Hearing 15.6 Packet Pg. 249 Attachment: Applicant Architectural Examples Provided at LPC Hearing (6600 : 2601 S College Appeal) ITEM 3, EXHIBIT 2 APPLICANT ARCHITECTURAL EXAMPLES Packet Page 172-33 15.6 Packet Pg. 250 Attachment: Applicant Architectural Examples Provided at LPC Hearing (6600 : 2601 S College Appeal) ITEM 3, EXHIBIT 2 APPLICANT ARCHITECTURAL EXAMPLES Packet Page 172-34 15.6 Packet Pg. 251 Attachment: Applicant Architectural Examples Provided at LPC Hearing (6600 : 2601 S College Appeal) ITEM 3, EXHIBIT 2 APPLICANT ARCHITECTURAL EXAMPLES Packet Page 172-35 15.6 Packet Pg. 252 Attachment: Applicant Architectural Examples Provided at LPC Hearing (6600 : 2601 S College Appeal) ITEM 3, EXHIBIT 2 APPLICANT ARCHITECTURAL EXAMPLES Packet Page 172-36 15.6 Packet Pg. 253 Attachment: Applicant Architectural Examples Provided at LPC Hearing (6600 : 2601 S College Appeal) ITEM 3, EXHIBIT 2 APPLICANT ARCHITECTURAL EXAMPLES Packet Page 172-37 15.6 Packet Pg. 254 Attachment: Applicant Architectural Examples Provided at LPC Hearing (6600 : 2601 S College Appeal) ITEM 3, EXHIBIT 2 APPLICANT ARCHITECTURAL EXAMPLES Packet Page 172-38 15.6 Packet Pg. 255 Attachment: Applicant Architectural Examples Provided at LPC Hearing (6600 : 2601 S College Appeal) ATTACHMENT 7 Verbatim Transcript of the Landmark Preservation Commission Hearing February 21, 2018 15.7 Packet Pg. 256 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) LANDMARK PRESERVATION COMMISSION CITY OF FORT COLLINS Held FEBRUARY 21, 2018 City Council Chambers 300 North Laporte Avenue Fort Collins, Colorado In the Matter of: 2601 South College Determination of Eligibility Appeal Meeting Time: 5:30 PM, February 21, 2018 Commission Members Present: Alexandra Wallace, Acting Chair Michael Bello Katie Dorn Kristin Gensmer Staff Members Present: Karen McWilliams Cassandra Bumgarner Brad Yatabe Gretchen Schiager Kevin Murray Mollie Simpson **Secretary’s Note: Chair Meg Dunn and Vice Chair Per Hogestad recused themselves from the discussion of this item due to conflicts of interest. 15.7 Packet Pg. 257 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 CHAIR ALEXANDRA WALLACE: Just as a note, both Meg and Per are still going to be recusing themselves from this portion of the agenda. So, this is the…for discussion item number 3; this is the item to consider the appeal of the Determination of Eligibility for Fort Collins Local Landmark Designation at 2601 South College Avenue, which was considered eligible for its association with the growth of the automobile industry and with the Ghent family, and for its distinctive, mid-century automobile dealership characteristics. Does staff have any new information received since the work session? MS. CASSANDRA BUMGARNER: Thank you Ms. Wallace. Yes, we did have some requests for additional information following the work session. The first one, what will happen with the W.A. Drake steps on the property? Staff has let the applicant know about this request and Bill Wells with Brinkman Partners has confirmed that the plan is to save or reuse the steps in any redevelopment…and they are prepared to discuss the steps at this meeting. We also had a question about the current context of the area, which I will review during my staff presentation. We received an email asking about the energy efficiency of 2601 South College building as it stands. Staff forwarded this request to the applicant but also notes that this question is not applicable to the Code requirements for determining the eligibility for designation of a property. Additionally, staff does not have this information readily available to address it. And then, finally, there was Bud Frick’s email with historic photos of automobile dealerships which was attached to the staff report. He sent this email on February 15th of 2018 to the Landmark Preservation Commission and staff regarding automobile dealerships from this era. Staff has forwarded this email to the applicant, included the email as an attachment, and pulled the photographs from each 3 1 MS. BUMGARNER: Yes. Alright, thank you Ms. Wallace, and good evening. My name is 2 Cassandra Bumgarner; I’m an Historic Preservation Planner and I’m presenting the staff report on 2601 3 South College Avenue…the appeal of the landmark designation eligibility. 4 On October 20th, 2017, Historic Preservation staff received an application for historic review for 5 three properties associated with a potential development proposal at the southwest corner of College 6 Avenue and Drake Road. As Ms. Wallace briefly stated, we did not review 2627 South College Avenue 7 or 132 West Thunderbird Road. Neither of those buildings were over 50 years of age, so the historic 8 review was not required for either of those properties. Land Use Code Section 3.4.7(C), Determination of 9 Landmark Eligibility, provides the process for identifying historic resources on and adjacent to 10 development sites, and requires that the decisions be made in accordance with the applicable provisions in 11 Chapter 14 of the Municipal Code. 12 On October 26th, 2017, the Director of the Community Development and Neighborhood Services 13 and the Chair of the Landmark Preservation Commission reviewed the 2601 South College Avenue 14 property based on the provisions in Chapter 14 Section 72, and found that the proposed demolition of the 15 primary structures on the property constructed circa 1966 would constitute a major alteration because it 16 would negatively impact all seven aspects of exterior physical integrity. They also at that point 17 determined that the property was individually eligible as a Fort Collins Landmark based on significance 18 under standard A, B, and C. 19 On November 7th, 2017, Bill Wells, on behalf of the current owners, submitted a written appeal of 20 the decision that the property is individually eligible in accordance with the appeal procedure outlined in 21 Sections 14-6(B) and 14-72(E). The appellant has met all of the requirements outlined in the Code 22 regarding the appeal process, including submittal of a Colorado cultural resource survey architectural 23 inventory form, which was prepared by an independent consultant in historic preservation. 24 The 2601 South College Avenue site is on a commercial block at the southwest corner of two 25 arterials: Drake Road and College Avenue. On the southeast corner of the Drake and College intersection 26 is more commercial development with residential further east. On the northeast corner, there is some 27 commercial development with residential toward the north and the east. Some of the residential buildings 28 in this area have commercial occupants. On the northwest corner of the intersection is a commercial 29 block with an active development review application, PDP 160043, also known as King Soopers number 30 146, Midtown Gardens Marketplace. The application includes a proposed supermarket within the existing 31 Kmart building, and a new 7,200 square foot retail building that would replace an existing vacant building 32 on the northeast corner of the site. The project had a neighborhood meeting on November 2nd, 2016. The 33 round one staff review was held on January 18th of 2017…an additional review is ongoing. 34 So, the next few slides are current photographs of the property. There are three buildings on the 35 property, and this is showing you the showroom…and here are some more views of the showroom. Then, 36 on this slide and the following, you start to see more of the service repair garage and garage bays. And 37 then this is an additional building on the property which has been labeled as the outbuilding. And the 38 proposed work is for full demolition of those buildings. 39 So, Section 14-5 of the Municipal Code: Standards for Determining the Eligibility of Site 40 Structures, Objects, and Districts for Designation as Fort Collins Landmarks or Landmark Districts, 41 provides the framework for making the determination of eligibility. Eligibility is based on significance 42 and exterior integrity. The Landmark Preservation Commission must consider context as well. 15.7 Packet Pg. 259 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) 4 1 The Code explains that significance is the importance of the site to the history, architecture, 2 archeology, engineering, or culture of our community, state, or nation. The property must meet at least 3 one of the four standards of recognized significance. I’ll now be reviewing the four standards of 4 significance; the first is events, and a property can be associated with either or both of two types of 5 events: one is a specific event marking an important moment in Fort Collins pre-history or history, or two, 6 a pattern of events or an historic trend that made a recognizable contribution to the development of the 7 community, state, or nation. The second standard of significance is persons or groups. The property 8 could be determined significant if associated with the lives of people…persons or groups recognizable in 9 the history of the community whose specific contributions can be identified. The third standard of 10 significance is design or construction. Properties may be determined to be significant if they embody the 11 identifiable characteristics of a type, period, or method of construction, represent the work of a craftsman 12 or architect whose work is distinguishable from others by its characteristic, style, and quality, possess 13 high artistic values or design concepts, or are part of a recognizable and distinguishable group of 14 properties. Then the fourth standard of significance is information potential. Properties may be 15 determined to be significant if they have yielded, or may be likely to yield, important information in pre- 16 history or history. 17 So, just to review, there are four types of significance, and a property must meet the criteria for 18 one or more if it is eligible for designation. The four types, again, are events, groups and people, design 19 construction, or information potential. 20 So, in addition to significance, a property must retain exterior integrity. All seven qualities do not 21 need to be present for a site to be eligible, as long as the overall sense of pastime and place is evident. 22 The first two standards for determining exterior integrity are location…and that’s, is this the place where 23 the historic property was constructed, or a place where an historic event occurred, and design…does the 24 property still have the combination of events that create the form, plan space, structure, and style of the 25 property. Next, we have setting, which is the physical environment of the historic property. Whereas 26 location refers to a specific place where the property was built or an event occurred, setting refers to the 27 character of the place…it involves, how, not just where, the property is situated, and its relationship to 28 surrounding features and open space. Then, we also have materials as an aspect of integrity. 29 Workmanship is the physical evidence of the crafts or a particular culture or people during any given 30 period in history. And feeling is the sixth aspect of integrity, which is a property’s expression of the 31 aesthetic or historic sense of a particular period or time; it results from the presence of physical features 32 that, taken together, convey the property’s historic character. And then, finally, the last aspect of integrity 33 is association. Association is a direct link between an important historic event or person and an historic 34 property. A property retains association if its place where the event or activity occurred and is 35 sufficiently intact to convey that relationship to an observer. Like feeling, association requires the 36 presence of physical features that convey a property’s historic character. 37 And then, like I did with significance, this is a review of the seven aspects of integrity, which are 38 location, design, setting, materials, workmanship, feeling, and association. All seven qualities do not 39 need to be present, but it must convey an overall sense of history and place. 40 The Code also requires the LPC to consider context. Context is the area required for evaluating a 41 resource’s…context is dependent on the type and location of the resource. For example, a house located 42 in the middle of a residential block would be evaluated in the context of the buildings on both sides of the 43 block, while a house located on the corner may require a different contextual area. 15.7 Packet Pg. 260 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) 5 1 The framework for processing eligibility is established in the National Parks Service Bulletin 15, 2 How to Apply the National Register Criteria for Evaluation. For standards A, events, and B, people, the 3 aspects of integrity of location, setting, materials, and design are particularly important. For standard C, 4 design and construction, materials, design, and workmanship are particularly important. Based on the 5 appeal process outlined in the Code, the Commission must determine whether 2601 South College 6 Avenue is individually eligible. If the property is individually eligible, the Commission should identify 7 which buildings contribute to that eligibility or do not contribute. This is a new determination of 8 eligibility based on provided evidence from the initial review and the new evidence in the form of the 9 Colorado Cultural Resource Survey Architectural Inventory Form, prepared by an independent expert in 10 historic preservation, and the Commission should use the above criteria from Section 14-5 to make that 11 determination. All final decisions of the Commission are subject to the right of the appeal to the City 12 Council. And this concludes my presentation; I’m happy to pull up any of these slides during your 13 discussion. Thank you. 14 CHAIR WALLACE: Thank you, Cassie. Do any members of the LPC have any questions for 15 staff? Okay, seeing none, does the appellant have a presentation to the Commission? And I ask that you 16 state your name and sign in please. 17 MR. TODD PARKER: My name is Todd Parker; I’m with Brinkman, representing the 18 ownership. 19 Thank you, Commission, for hearing our appeal on this, for 2601…as I said, I represent the 20 ownership, the Spradley-Barr family, as well as Brinkman…we are a partner, general partner, in the 21 redevelopment, hopefully, of this parcel. In direct response, I wanted to address a few things that were 22 brought up in the presentation, or the additional materials to the presentation. The W.A. Drake carriage 23 steps…those steps actually are an integral part of this project. In fact, the history of the parcel is an 24 integral part of the project. We have branded this redevelopment as the Drake at Midtown, and that is a 25 direct correlation to the W.A. Drake farm that existed there prior to the automobile dealership. The 26 carriage steps themselves, actually, are going to be a part of the redevelopment. And, I don’t know 27 if…can staff bring up the proposed development? That slide…if that’s doable? Yes, that one right there 28 would be awesome. 29 So, this is…there’s been a progression on this design, but this is not dissimilar from what we’re 30 proposing. The redevelopment of this block is really taking cues from the Midtown Plan as well as the 31 City Plan to focus a catalyst project in the Midtown area. And, with those two plans, one of the focuses 32 of the redevelopment is to bifurcate large block areas. You’ll see a large…or, a long north-south drive, 33 and we’ve actually made that more of a winding drive, and it’s going to have about a 30 to 50 foot buffer 34 on either side of it for gathering areas, parks, green areas…and the carriage steps are going to be integral 35 into those areas. How that is to be integrated, I’m not a hundred percent sure yet; design hasn’t 36 progressed to that point. But we’re going to take the carriage stones…carriage steps, and make it part of 37 that arcade area. 38 I also wanted to address…I know it’s not part of the determination, but, Mr. Bello had a question 39 on the efficiency of those buildings. Talking with Bill Barr today, the inefficiency of that building is 40 reflected in a lot of what…the energy that is going out that main window…it just has a reflection. This 41 last month, Spradley-Barr paid $8,000 in gas and electrical bills for heating, as compared to their Ford 42 dealership on South College, they only paid about $2,000, $2,200 for that same gas and electrical bill for 43 about twice the size; the Ford dealership is about twice the size of this one, so it really is a financial 15.7 Packet Pg. 261 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) 6 1 burden on…the current architecture is as well. I know it’s not a part of the determination, but to address 2 that question. 3 And then, the last part is in response to the photographs that Mr. Frick provided to staff and was 4 copied to us as well this last week. I was looking at…in reflection of the architecture being indicative of 5 something that can be defined as mid-century modern. The photographs that were provided are similar to 6 what is currently on the site; however, I would also present that if you look for those properties today, I 7 could only find one that is in existence as an existing…as it was existing…as it was previously built out. 8 So, that architecture…to say that that architecture style is unique for this time period, I think is arguably 9 erroneous, and I actually have provided…or, have…can provide the Commission those same 10 photographs. I did some research and did a print out of those, and I have it on a flash drive too, if that’s 11 admissible to the Commission. 12 And then, as staff also noted, there was a third party…as part of the appeal process…the third- 13 party investigation. And, with me, I have Kris Autobee, and she was going to address the Commission as 14 well, if that’s okay? 15 MS. KRISTEN AUTOBEE: My name is Kris Autobee…what else to I need to tell you as my 16 introduction? 17 CHAIR WALLACE: Just sign in please, thank you. If you could…if you could actually state for 18 the record who you are with. 19 MS. AUTOBEE: Okay, my name is Kristen Autobee and I’m with Autobee and Autobee, and I’m 20 really here to answer any questions you might have about our report, our findings. We don’t often end up 21 on the side that says ‘not historic,’ so it’s kind of a new place for us. 22 CHAIR WALLACE: Well, at this time, we’re just taking in to consideration if you have any 23 presentation or anything you would like to share with us and make known. 24 MS. AUTOBEE: Again, about the architecture, I guess I would encourage you to keep in mind 25 the car dealership, auto dealership, auto showroom, is not a recognized form of architecture under the 26 state of Colorado in the Colorado lexicon that we’re in. In the OAHP Field Guide to Architecture, this 27 falls under specialty…under specialty shop, or specialty commercial. So, it really needs to be part of a 28 broader look at architecture and not simply at auto dealerships in Fort Collins, because other types of 29 showrooms such as furniture, or hardware, or motorcycles, or other things are sold out of those same 30 styles of buildings, or types of buildings. So, there isn’t actually a style called ‘auto dealerships.’ So, 31 you’re really needing to consider that as part of this. 32 I also would like to encourage you to think in terms about the amount of change that has 33 happened to character-defining features of this structure. The façades that seem to be of the most interest 34 are on the east side and on the north side of the building of the main showroom. That really only 35 represents about 30% of the building. Another almost 30% has been changed, and what I would consider 36 to be character-defining elements, which are the rolling doors along the service bays. There’s been a 37 tremendous loss of glass…that building has a very different look from the original photographs, with very 38 light, airy, open…it has a very different feeling with the modern doors in it, and I would ask you to 39 consider that and those changes to that physical integrity, the historic integrity, as part of that. 40 Again, I’ll answer any questions about the report. 15.7 Packet Pg. 262 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) 7 1 CHAIR WALLACE: Thank you. Do any Commission members have any questions of the 2 appellant? 3 MR. MICHAEL BELLO: Yeah, Mr. Parker, can I ask you? So, what’s the ability to be able to 4 sever the garages from that showroom section? Is that possible? And keep the integrity of the 5 showroom? 6 MR. PARKER: The…not being a structural engineer, I can’t truly answer that Mr. Bello; 7 however, I will say that in one of our initial design concepts with the ownership group, we did look at 8 severing the auto body and…well, the auto body shop; there’s like 15 bays there or something like that. 9 We looked at severing that, taking that out, because it ran where that north-south drive was at, and leaving 10 the main building. But, we couldn’t make that work, and because of the way it was inefficient energy- 11 wise, the ownership decided they didn’t want to pursue that, so we didn’t look at it any further. 12 MR. BELLO: Thank you. 13 MR. PARKER: Yep. 14 CHAIR WALLACE: Kevin? 15 MR. KEVIN MURRAY: So, Ms. Autobee…is that right? 16 MS. AUTOBEE: Autobee. 17 MR. MURRY: Autobee. Are the three things that, if I read your survey correctly, the three things 18 that you guys felt were detrimental were the front overhang, the roofing type, and then the garage doors. 19 Is that correct? 20 MS. AUTOBEE: Yes. 21 MR. MURRAY: Okay. 22 MS. AUTOBEE: We felt those were the character-defining elements of this building. That, 23 without those pieces, you have a significantly different look and feeling to that structure. 24 MR. MURRAY: Thanks. 25 CHAIR WALLACE: Any other questions? 26 MR. BRAD YATABE: Madam Chair, Mr. Parker did offer some photos, I believe, in association 27 with Mr. Frick’s…the photos that he had provided. I didn’t know if the LPC was interested in viewing 28 those, or wanted to do anything with that information. 29 CHAIR WALLACE: Yes, I think we would be interested in seeing those. 30 MR. PARKER: I can do one of two things; I have them on a flash drive, or I printed them out. 31 What would you prefer? 32 CHAIR WALLACE: Probably if we can do flash drive…you can access those. 33 MR. PARKER: So…these are a demonstration of a before and after for…I think there’s…I didn’t 34 count, but maybe a dozen, short of a dozen, examples that were provided in the email chain. And, what 35 I’ve done is taken the examples where I could see a name and determine a location, and then…like I said, 36 did a before and after. And you can see in each one of these, the…okay, thank you. So, you can see the 15.7 Packet Pg. 263 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) 8 1 before here being…zoom in, even, probably not. You can kind of see the similar sort of architecture 2 that’s referenced…the low-slope roof, the big panes of glass off of pretty much the whole gabled end of 3 the building. And then you can see what it is today…this is an example in Clean, if I mispronounce it I 4 apologize…Texas. Second…I’ll go through these somewhat fast. The second one is Herb-Gould Ford 5 dealership, and see how its changed over the years; that’s in California. The one in New York, not a 6 dissimilar look; it’s actually turned into an ice cream shop. This one is the Gillboy Mercury, if I’m 7 reading it right, and that’s in Pennsylvania, and it’s now the modern version of the Ford. This one’s an 8 interesting one; it’s actually in a suburb of Detroit, Royal Oak. You can see the Royal Oak Pontiac 9 dealership up top. The middle photograph is what it was on Google, so they’ve scraped it and they are 10 doing something with it. And then right across the street, the interesting part is, you can see the old…I 11 don’t know if they’re designated, but historic buildings across the street. So…the end points of that 12 architecture as well. 13 And this is the one building that I could find an example where they maintained the old building. 14 You can see the low, sloped roof. Up here, you can even see the pre-engineered metal building in the 15 background. Same thing…a little hard because it’s off the street a ways. You can see the same low 16 slope, and then the metal building in the background; and you can even see this telephone pole is still in 17 the back here…and all the wires that make it look all pretty. But this is the only one that I could even find 18 that was the same building, and that’s in Ohio. 19 And, like I noted there, a few of these are back east, which, you know, arguably, has a very strong 20 passion or sense of what is and is not historic. And then to have one of the dealerships in Detroit, 21 Michigan, and they scraped that one as well…I think might say something to that same argument. Does 22 that provide context? 23 CHAIR WALLACE: Thank you. 24 MR. PARKER: You bet. 25 CHAIR WALLACE: Any other questions that the commission has? 26 MR. BELLO: Yeah, so I guess I’m trying to understand…Mr. Parker, what your argument is 27 here? That the fact that these have been scraped…isn’t that kind of supporting the fact that this is the last 28 of the type of architecture that we should then preserve? 29 MR. PARKER: Sure…I’m not an historian, but speaking with Kris, and maybe she can get to it 30 better, but the mid-century modern period really predates even the construction of this building, which 31 was 1966, and you can find different documentation, but it actually goes up until like the mid-1960’s. 32 Not to say that it can’t still be built to that style, but to say that it’s unique to that period is not the case. 33 So, the argument is, is that other jurisdictions did not see anything unique in that architectural style. 34 MR. BELLO: Gotcha. Okay, thanks. 35 MS. AUTOBEE: I would add to that in saying that Fort Collins…again, if we look at this…can 36 you put up a picture of the current building? Thank you. Again, if we’re looking at this as being a non- 37 style, a non-form, a non-ground print, and that leaves us with construction type and construction 38 materials. Fort Collins retains several structures that are of this same construction method and 39 construction materials. For example, the Safeway that is on College…is that still standing? It was last 40 time…the marina style with the nice curved roof? Again, that’s large, metal frame, plate windows with 41 the stone façade. Front Range Power Sports, a smaller example, but again, it would appear to be concrete 42 block with the stone façade and the large windows. So, this is not as unique as it might sound. It might 15.7 Packet Pg. 264 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) 9 1 be the only one that’s currently in use as an auto dealership, but these elements are in other buildings in 2 Fort Collins. So, again, it’s not the only one, so to speak, because it isn’t of an official style. So, in 3 looking at it in terms of construction method and construction materials, Fort Collins has other examples 4 of this. 5 MS. KATIE DORN: I have a question for Mrs. Autobee. In your research, I’m just curios, those 6 two earlier locations for the auto dealerships…are those still existing? 7 MS. AUTOBEE: I didn’t go so far as to look to see if the building was still there or if it had 8 been…if there was some re-façading or any other changes. I did not look at that. I think that it’s 9 incorrect to call this an early auto dealership. Fort Collins has auto dealerships as early as 1909; that 10 would be the auto dealership to preserve, and to really say, this is what kicks it off. By the time this 11 building is built, a lot of the city planning is in place for the automobile. This is 50 years after the advent 12 of the car in Fort Collins. So, I don’t feel that it’s a really strong argument to say that this somehow 13 continues to influence that. We’re kind of stuck with the car. This might be the middle period of car 14 ownership if the young trendies have their way and we have a lot more public transportation, maybe the 15 car goes away. Maybe that increases the importance of this, but that’s in the future. So, no, we didn’t 16 look into those other structures. I would also argue that Frank Ghent, in terms of his importance, also 17 predates this building, and for exactly that reason: he has two other locations prior to this. 18 MS. DORN: Did you look at the entire Ghent family, including his son that he started the 19 dealership with, or just Frank? 20 MS. AUTOBEE: We just looked at Frank, and the reason for that is, I believe that his son’s home 21 is already recognized. Is that correct? Am I right about that? That one of the sons’ homes is recognized? 22 MS. KAREN MCWILLIAMS: I’m sorry; I couldn’t answer that question; I’m not aware that 23 we’ve recognized a home for the son, so…I don’t know. 24 MS. AUTOBEE: Okay. So, no, we looked specifically at Frank Ghent, and one of the reasons we 25 looked really, specifically at him, is that his importance to the city of Fort Collins seems to predate even 26 his…it comes from other things other than selling cars. He’s a naval vet from the first World War, he 27 tries to homestead after that, comes back to town, starts another dealership, by that time, the second 28 World War is getting underway, he’s a member of the Civil Defense, he goes on to be a Highway 29 Commissioner for a brief period of time. So, it doesn’t…I don’t know that this building represents Frank 30 Ghent in such a way that you can’t separate the two and still tell a good story. 31 I look at historic preservation this way: these are the buildings that we feel so strongly about that 32 we take them with us into the future, because the future can’t understand our current story without them. 33 And so that’s part of how we looked at the story of Frank Ghent, the story of the construction 34 methods…is, did that weigh so heavily. And that’s perhaps a little bit beyond what the City of Fort 35 Collins standards are, but in theory, that’s historic preservation. 36 MR. MURRAY: Ms. Autobee, I heard you say earlier, and I want to just make sure…confirm this 37 for me. You said that it’s probably not as significant as an earlier, like 1909 auto, but you said it would 38 probably be significant as a mid-automobile era? 39 MS. AUTOBEE: If the automobile goes away in 50 years, yes. But that’s a hard thing to base a 40 judgement on today, does this tell the story of auto dealerships to the extent that we have to have this one 41 or the set is incomplete, the story is incomplete. 15.7 Packet Pg. 265 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) 10 1 MR. MURRAY: And then one other question, on the lexicon that you brought up. 2 MS. AUTOBEE: Yes. 3 MR. MURRAY: Wouldn’t you think the style would be mid-century modern with the type of 4 commercial? 5 MS. AUTOBEE: No. 6 MR. MURRAY: No? Why is that? 7 MS. AUTOBEE: There’s…that phrase is not actually in the lexicon. And right now, the state 8 historic fund, the lexicon there, kind of catching up with mid-century modern because it’s suddenly 9 becoming important. So, really looking at it from what is in the lexicon to date, and what is in the field 10 guides at this point in time, it becomes a commercial building, it becomes a specialty store in terms of its 11 use. But, we really can’t call it mid-century I don’t think. It’s built in the mid-century, but that’s a time 12 period, not a style. 13 CHAIR WALLACE: I’m curious, did you happen o consider the context of College as a main 14 thoroughfare connecting…as part of 287, potentially connecting to the Lincoln corridor…did you 15 consider that as a context. 16 MS. AUTOBEE: That’s an interesting thing to consider on this, and perhaps that’s why the stone 17 is only on the north and the east side when that structure is built. I don’t believe that there’s a lot of 18 development to what is the southeast of that. And in fact, the other two buildings on this parcel are not 19 being considered because they weren’t built yet. So, that’s open space. In some ways, that building has 20 lost its context for how you would view it coming from Fort Collins. When the structure is built, its only 21 as the permits are being pulled that the City of Fort Collins annexes that property. So, again, that was 22 outside of town at the point at which the Ghent family is pulling permits. And, contextually then, that 23 must mean that there’s not a lot beyond that. But, of course that’s outside the scope of our work. 24 MS. MOLLIE SIMPSON: I’m sorry, you just said that the…can you repeat what you said about 25 not being able to understand the building because everything was developed around it. I’m…what did 26 you say about that again? 27 MS. AUTOBEE: I think our understanding of the building historically…in 1967, if you went to 28 build…or to buy a car here, you’re probably approaching it from the northeast. That’s why those walls, 29 those façades, are the most decorative. 30 MS. SIMPSON: And did you take the building orientation on the site into consideration with 31 that? 32 MS. AUTOBEE: That absolutely takes it into consideration. Again, people aren’t necessarily 33 coming…he’s not advertising…the point of commercial architecture is to advertise your business. And 34 so, he’s advertising his business and how clean and how sleek his architecture is, that it is modern at that 35 moment in time. He’s trying to give his customers a feeling of security. They’re coming to this nice, 36 new, modern place. I don’t know that that’s how we read that building today, but in 1967 we would have. 37 And, we would have been coming, then, probably, from the north and the east. And, again, that’s why 38 those two façades have the stone work on them; that’s why those façades, and why the building is slightly 39 turned in that direction. 15.7 Packet Pg. 266 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) 11 1 MS. SIMPSON: If you’re standing on the north and east corner, how is that changed? I’m just 2 not understanding that. 3 MS. AUTOBEE: I wouldn’t say that…the orientation of the building has not changed, that’s true. 4 But, I’m not sure that we read that building with the same eye toward the decorative as what we would 5 have in 1967. 6 MS. SIMPSON: Wouldn’t you say the decorative part is what’s inside the windows, though, and 7 that’s why he has the larger windows in order to sell what’s inside? 8 MS. AUTOBEE: When I say decorative, I’m referring to the stone work that’s been applied to the 9 exterior. That’s the decorative feature of that building. 10 MS. SIMPSON: Okay, I see. 11 MS. AUTOBEE: But, again, that only covers about 30% of the structure. 12 MS. SIMPSON: Which is still visible from the northeast corner? 13 MS. AUTOBEE: It’s still visible, yes. 14 MS. SIMPSON: So, it hasn’t changed? 15 MS. AUTOBEE: No, but what is beyond that building has. There are new…there are other 16 buildings now within the sight line, so that has changed…that context of the neighborhood has changed. 17 And those are not being considered on this review because they are less than 50 years old. 18 CHAIR WALLACE: And, I reviewed your report, but I just wanted to clarify that the front 19 addition was circa ’72 to ’78, is that correct? When that was extended? 20 MS. AUTOBEE: Yeah. 21 CHAIR WALLACE: Okay. Yes, Kevin? 22 MR. MURRAY: Actually…I actually have to have you change to a different page and all that, 23 but the Coloradoan picture shows that it was installed about a month after it was built in 1966, October 24 1st. 25 MS. AUTOBEE: Do you know…may I ask you a question? 26 MR. MURRAY: Sure. 27 MS. AUTOBEE: Do you have an idea of why that was added on? 28 MR. MURRAY: I have no…no…I’m old, but I’m not that…well, I’m that old I guess. But, just 29 in the picture, it’s…let me see…I was going to save that for discussion, but…page 135 shows the 30 Coloradoan photos. And…of October 1st, 1966, and it’s installed in those pictures. 31 MS. DORN: And, Cassie, what is the date on those…’66? 32 MS. BUMGARNER: So the date is October 1st of 1966. 33 MS. AUTOBEE: I think it’s interesting that they would need to make a modification so quickly. 34 MR. MURRAY: Maybe it was a hot summer, I don’t know. But, I think the page before is 35 September, and it shows it without it. 15.7 Packet Pg. 267 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) 12 1 MS. AUTOBEE: Yes. 2 MR. MURRAY: So, it was added… 3 MS. AUTOBEE: I read that as being there was some…forgive me for using the word, but some 4 failure in the use of that building, if it is the sun. And then of course those windows are going to create a 5 tremendous amount of heat on the inside, that they have to make an immediate modification. 6 CHAIR WALLACE: True, but that is something to consider, that the alterations would also be 7 historic at this point, and not dating to the 1970’s. 8 MS. AUTOBEE: Accepted. 9 CHAIR WALLACE: Okay. Any other questions from the Commission? 10 MS. DORN: Sure…do you know of any other existing buildings that are associated with Frank 11 Ghent in Fort Collins? 12 MS. AUTOBEE: I did not look specifically for that. 13 MS. DORN: Okay, thank you. 14 CHAIR WALLACE: Okay. 15 MS. SIMPSON: You state in your report that Frank Ghent…the majority of the work that he did 16 for the town of Fort Collins was predated…this building. Do you have years on any of that stuff by 17 chance? 18 MS. AUTOBEE: The area of the report where we talk about that history is on… 19 MS. SIMPSON: I apologize; I did not see that, so if I missed that, I’m sorry. 20 MS. AUTOBEE: On page four of the report is where we talk about his World War I service. His 21 first car dealership is opened in 1940, so he’s been in business 26 years when he builds this structure. So, 22 this is…again, it’s not his first, it’s not the first car dealership, it’s not the beginning of something, it’s 23 very much in the moment I would say. That’s not a good historic way to explain what I’m thinking; I 24 apologize for that. 25 MS. GENSMER: To follow-up on that question, going to page four on the report when you 26 discuss when…or that he was a Colorado Highway Commissioner. When was that? Was that during 27 World War II while he was also part of the Civil Defense Organization? 28 MS. AUTOBEE: I believe that is the case. 29 MS. GENSMER: Thank you. 30 MS. SIMPSON: One of the other documents we have also states that he served on the Water 31 Board of Fort Collins; do you know when that was? 32 MS. AUTOBEE: I do not know when that was. 33 MS. SIMPSON: Okay. He was part of the Northern Colorado Rod and Gun Club…any idea on 34 that? I don’t know that that’s important, but…? 15.7 Packet Pg. 268 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) 13 1 MS. AUTOBEE: Again, do those things…is that story told through this building? Is his 2 ownership of a car dealership, his building of this…is his story so well told through this building that 3 that’s important here? 4 MS. DORN: But I guess the question is also, are there other buildings associated with him that 5 still exist? 6 MS. AUTOBEE: Again, I don’t know the answer to that because the question was, is this 7 building indicative of this man’s life? Is saving this building the best way to preserve his memory, the 8 best way to honor his legacy as a dedicated community participant and…I mean he was very much a 9 member of the community fabric; that’s obvious. What isn’t obvious, is that community life in 10 relationship to a business he owns? 11 MS. SIMPSON: It looks like another document we received from 1980 shows that the Ghent 12 dealership was awarded quite a significant award, which was a business that Frank Ghent and his son 13 started. Did you take this award into consideration? 14 MS. AUTOBEE: Yes…and I’m not sure if this is the award that’s awarded to him by other car 15 dealerships? 16 MS. SIMPSON: It looks like Times [sic] magazine. 17 MS. AUTOBEE: I don’t know that Time magazine awarded him anything; they might be 18 reporting on that. And I don’t have that document in front of me. So, that I can’t speak to. There is no 19 question that this is a going concern…that Frank Ghent builds a successful business. But, is that what is 20 memorable about Frank Ghent? 21 CHAIR WALLACE: Mollie, is this the article that you were thinking about with the other article? 22 Okay…so the first line on that one? That Dwight Ghent, president of Ghent Motor Company of Fort 23 Collins will soon be featured in Time magazine. And then also that Ghent recently was one of the 70 car 24 dealers in the nation named a Time magazine quality dealer award winner for 1980. Okay. 25 MR. MURRAY: The problem might be with that is that Dwight wasn’t researched, Frank was. 26 MS. SIMPSON: I would agree. 27 CHAIR WALLACE: Okay, are there any other questions that we would like to ask Kris? Okay. 28 Thank you. 29 MS. SIMPSON: I have one question for the other gentleman. The images that you shared of the 30 buildings that were scraped that looked similar…or altered, scraped or altered. Do you have years when 31 those were scraped or altered? 32 MR. PARKER: No, it was just research I did in about a 24-hour period, so I didn’t have time to 33 figure that out. 34 MS. SIMPSON: Okay, so it might have been before the 50-year period where they might have 35 been more significant? 36 MR. PARKER: Potentially; I think there are some that are indicative of being after…or well 37 within that 50-year period, like the new Ford dealerships. But some of them very well could be, yes. 38 MS. SIMPSON: Okay. 15.7 Packet Pg. 269 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) 14 1 CHAIR WALLACE: Okay, thank you. Does staff have anything they would like to add in light 2 of the appellant’s presentation? 3 MS. BUMGARNER: Yeah, I just wanted to address Ms. Dorn’s question about the two other 4 locations. Staff had looked those two up…neither one exists anymore. One, the Mountain Avenue 5 address is now the Mitchell Block, the site of the Fort Collins Food Co-op. And then, the College 6 Avenue address is now what is Beau Jo’s and City Drug. 7 CHAIR WALLACE: Thank you Cassie. Okay, does the Commission have any questions of staff 8 or any other questions for the appellant before we move into…away from public comment…or move into 9 public comment…apologies. Okay, seeing none, are there any members of the public that wish to 10 provide comments on the appeal to the Commission? Okay, seeing none…do any of the Commission 11 members have any additional questions before we close the public comment and move on to our 12 discussion? No… 13 MR. MURRAY: Do we have a discussion session on this too? 14 CHAIR WALLACE: Yes. Okay, then we will close taking of evidence and move into a 15 discussion amongst ourselves in front. 16 MR. MURRAY: Sorry, did you say discussion? 17 CHAIR WALLACE: Yes, yes I did. 18 MR. MURRAY: I’m new at this, guys, so bear with me. I hear the…you know, it might not be 19 Frank Ghent’s best memory, but I wonder if this isn’t, probably, you know, the best example we have of 20 a…I know, if it’s not the lexicon…but, commercial building of this style for the age, especially talking 21 about context right now with the parking lot around it. Not sure it’s the best use, but it has…you know 22 what it is, and you recognize it as something that you would have seen growing up or whatever. 23 MS. SIMPSON: I would agree with that; I also feel strongly that this might not be a great 24 example considering that it’s not from the era of when the automobile started in this area, but it 25 definitely…it’s definitely a great example of an auto-centric time period of when Fort Collins was formed 26 and how it was formed. Drake Road and the way the building is oriented with the front angled towards 27 the road so when you’re driving down, you can actually see into the building. I think it’s very…it’s a 28 good example of that, a great example of an era of when the automobile was more important. Something 29 to consider. 30 CHAIR WALLACE: That was something that I was also considering, especially when I was 31 considering it…the span of it…that the Lincoln corridor, which I know that you had done some work on 32 so you might be able to speak to that more than I, but…how that extends throughout town and particularly 33 at that intersection, it seems to be a crossing point within the community, and that’s a long stretch of road 34 for College to go, and I know that there have been quite a few car dealerships…and most of them have 35 been more recent, but that particular property has been here, perhaps one of the longer times, to my 36 knowledge. 37 MR. BELLO: I hear what you’re saying…I think the front building is probably the significant 38 portion of this in terms of the architecture, and the history. I think the garages are certainly something 39 that’s been changed over time; you can tell from the photos. It’s not consistent with the…and I’m not 40 sure if we would apply this, but not consistent with the Land Use Code in terms of being able to have 15.7 Packet Pg. 270 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) 15 1 garages like that. But, it seems to me the entire structure is not something that would be identifiable in 2 that regard. From the history, it’s mostly just that front structure. 3 MR. MURRAY: Just kind of a point of information, I am this old. I do believe that roof, going 4 by it every day going to Greeley to work for a while, was a hot tar and gravel roof, and it was kind of light 5 brown in color…the gravel was like a pea gravel. They probably got tired of it raining down on the new 6 cars, or something like that. But, anyway, I’m not sure…I mean, keeping the style of the building and the 7 way it faces and all that, to me, is…says that the change of roof doesn’t really change it. And garage 8 doors could always be changed back. I’m not sure if…maybe it’s not our position to think about how 9 anything could be developed well, it’s just more whether or not it’s…it’s individually eligible. But, 10 yeah… 11 CHAIR WALLACE: I agree with that; the roof shape is still there; the structure is still there even 12 though the material has changed. And, in terms of the garage doors, the voids are still there…so, the 13 garage doors could easily be changed back with new glazing. I don’t see that as a concern, considering 14 the voids are still there. When I was considering this property, I was really trying to figure out what I 15 would consider some of the character defining features, as Ms. Autobee had mentioned. And, they were 16 definitely the stone, which are still intact…it’s that front A-line…or not A-line, but that higher pitched 17 gable, and that’s still intact. One of the things that I was getting stuck up on was that canopy, and then 18 finding out that that actually is an historic addition. Because the other additions, like Mollie mentioned, 19 the doors and windows can be changed. The additions to the west side, I don’t see as being incredibly 20 significant. But the only other one that I’m thinking of is that roof. But, most of the character-defining 21 features, especially the windows, and the canopy, and the shape, I think, are all still intact. And so, I 22 think that it fulfills the…most of the integrity that I’m considering according to Code. 23 MR. MURRAY: It just hit me; I hadn’t thought about this before, but, if we’re going on the 50- 24 year theory, the used car office and carwash in the back…it’s kind of a cool building, but I’m not sure 25 when that was put in. I read in some of the information that it came later…I’m not sure if that was in the 26 ‘70’s or something like that. I mean, it helps a lot in context with the other stuff. But, it might not 27 be…it’s not as old, I don’t think, as the showroom. 28 MS. DORN: I definitely agree that the design aspect of integrity remains intact, and I do agree 29 that perhaps the material aspect of integrity has been lost with this building. 30 31 32 33 34 35 36 37 38 39 40 41 42 MS. SIMPSON: That might be true, but I would also say that both location and setting are pretty intact. CHAIR WALLACE: So, in looking at Section 14-5 of the Municipal Code, the standards for determining eligibility of sites, structures, objects, and districts for designation as Fort Collins landmarks or landmark districts, number four, the standards for determining exterior integrity, location, design, setting, materials, workmanship, feeling, and association…I think it might be helpful to go through them and see which ones the Commission thinks are still intact. MR. MURRAY: Well, starting off with the top one on exterior integrity…the location. I think the buildings stand in the same spot they are and the way they did originally with the parking lot all around it…asphalt around. And, I did just answer my own question though too…the used car building was put in 1967. So, my mind, the location fits, and also, the design of the building and it being turned toward the existing city and all that still exists. The setting obviously changes but it also goes back to when the city wanted to have parking lots out front and the buildings back from the area, like the Kmart 43 place, and I believe Key Bank is the same, but not in context. The Walgreens is it? On the corner? That 15.7 Packet Pg. 271 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) 16 1 has more the new design where you have it out by the sidewalk. The feeling…you feel like you’re going 2 to the car…you know, the car dealership. So, and I feel the association, which I know is a smaller area of 3 integrity, but it’s associated with expanding the city to when the car people moved out of the heart of 4 town with the idea that things were expanding in the city and moving out, and is also associated with the 5 expansion of auto as automobile is the main center of transportation. 6 MS. SIMPSON: Can you pull up the definition of setting, please? Thank you. 7 MS. GENSMER: In this case, with the definition directly in front, I would say that setting is 8 preserved, specifically the part that says it involves how, not just where. And by that, I mean how it 9 relates to College Avenue in that location, how it interfaces with the road…it is a car dealership; it’s 10 directly tied to the transportation corridor in that way. 11 MS. SIMPSON: I would agree with that. Both Drake and College are still intact. 12 MS. GENSMER: Yes. 13 CHAIR WALLACE: Any thoughts on workmanship? If that remains intact? 14 MR. BELLO: Well, I guess, you know, for this type of building, I would say it’s probably there, 15 but I don’t think the workmanship is anything like, you know, real craftsmanship; it’s a fairly simplistic 16 architecture from that standpoint. But, for this genre, for this type of building, it’s consistent with what 17 was built at the time I guess. 18 CHAIR WALLACE: And what about materials? 19 MR. MURRAY: Well, I think materials, you know, it really talks to when everybody…the big 20 glass and lots of lights to give you an idea of looking in and seeing your shiny new car. I think that was a 21 new development…the idea that you could use big glass and it didn’t fall over…or you could still have 22 the structure with a less showing structure, because the glass could go all the way to the corner. So, I 23 think it’s a good example of that. And the materials are all there. I’m not sure if the stone…it’s moss 24 rock, which was big in the ‘60’s and ‘70’s in Fort Collins in commercial buildings…I’m not sure if that’s 25 a pre-stress panel, or if that’s put on concrete block…applied…and it could be either one. 26 MS. GENSMER: To me, the use of the large windows in that way gets more at design. With 27 materials…I mean, it is part…the glass material is obviously part of it, but with materials, I’m 28 considering more how much of the actual historic fabric is intact. We know that the roof itself, while it 29 has that form, that design, we know the materials were replaced in that regard. 30 CHAIR WALLACE: Plus, I think it was 27 out of the 34 windows or doors had been removed or 31 replaced, so that’s a significant number. 32 MS. GENSMER: Yeah, I would agree with that. So, I’m not sure about the integrity of the 33 materials, though I do think other aspects, such as design, are there. 34 MR. MURRAY: So, what windows were replaced…27 out of 34? 35 CHAIR WALLACE: Of the paneling for the doors, the sliding doors are no longer original. 36 MS. GENSMER: Yeah, and when they were replaced, they had less glass than the others. 37 MR. BELLO: These are the garage doors? 38 CHAIR WALLACE: Yes. 15.7 Packet Pg. 272 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) 17 1 MS. GENSMER: Yes. 2 CHAIR WALLACE: Any other Commission thoughts on materials? So, on that discussion, it 3 seems that we lean towards six out of the seven are intact, for the qualities for integrity, so that’s 4 definitely a preponderance I would say, so that’s something that we can consider. If we also consider 5 previously within the Code, the standards for determining significance, usually associated with events for 6 standard A, for standard B, persons or groups, and design or construction for standard C, and D, which I 7 don’t think pertains to this information potential. As a Commission, do we have any thoughts on whether 8 or not it meets one or more of these levels of significance? 9 MS. DORN: I’m not convinced that it meets the design construction standard because of, like, 10 what Mrs. Autobee mentioned, that unfortunately this type of building is not included in the state lexicon. 11 MR. MURRAY: I know the state lexicon is not always what the City uses, but I’m thinking that 12 they, by not being in the lexicon…and I think Ms. Autobee said, also, the state is still trying to catch up 13 on their lexicons too. I think as far as the design and construction goes, even though it may not have a 14 name, it’s obvious to everybody what era it comes from, and that most of the main parts are there in my 15 mind. I don’t know if events…events is kind of such an open word. But, in my mind, it’s significant in a 16 pattern of events of, you know, the automobile industry moving out to the sticks, and opening wide up to 17 get more space and all that. But is this supposed to be more of a specific event, like somebody was hung 18 from the front of the building or something like that. 19 CHAIR WALLACE: Well, according to the standards for events, the second option under events 20 is a pattern of events or an historic trend that made a recognizable contribution to the development of the 21 community, state, or nation. Do you think that it fulfills that? 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 MR. MURRAY: I think it was trendy when it was built, so maybe number two, not number one though. MR. BELLO: Yeah, I’m struggling with it being a recognizable contribution to the development of the community. I don’t see Fort Collins being a community of auto dealerships or of this type of building, so I’m not sure it’s recognizable. I mean, if you talk about this kind of context, I would think of downtown…the buildings downtown that are significant in terms of what Fort Collins is all about, and how that’s contributed to the development of the community. But, I don’t see this one building as doing that. MS. SIMPSON: I see the event or historic trend being the car-centric development of our city and how it was designed for cars, and this building reinforces that, being a car dealership. CHAIR WALLACE: Well, I’m wondering, too, if that area to the south was more open, if that would help to encourage the southward movement that the community has seen since the 1970’s. I know the mall opening up and a lot of that movement…moving away from the downtown area. I think an argument may be able to be made that those businesses helped encourage that southward movement as well. MR. BELLO: You’re saying this building helped develop it? Because it’s turned its back to the south, basically, right? CHAIR WALLACE: Possibly, but I guess I’m thinking, if the area to the south had been more 40 open, and then businesses starting to trickle down further south away from the downtown area, then that 15.7 18 1 2 3 4 5 6 7 8 9 10 11 12 13 could be part of that trend of southward movement for businesses and movement of citizens. I don’t know; I’m just trying to base it on the spot, thinking of the 1960’s and ‘70’s and ‘80’s in Fort Collins. MS. SIMPSON: And in the report, it talks about the Ghent annexation happening at the same time as the Ghent dealership was being built. The lights…I believe it said that the lights were also put in at that corner at that time. MR. MURRAY: The City actually…it says in the stuff that they…accepted the plans that the County had to allow it into the city to build curb and lights. And I think at the same time, that’s when all of the collegiate stuff was being built, late ‘60’s, early ‘70’s…all the ranches to the east and behind Key Bank, kind of back in there. CHAIR WALLACE: Okay, so it sounds like we may think it’s possible for it to be associated with…for significance under events? Seems like we might be a little split…does Katie or Kristi have any thoughts on whether or not it fits within that significance? MS. DORN: I think it could fit under a pattern of events with the southward expansion of the auto 14 dealership corridor in Fort Collins. 15 MS. GENSMER: I would agree with that. 16 CHAIR WALLACE: Okay. What about it’s association with Ghent? 17 MR. MURRAY: I think especially if you put Dwight into the picture, that helps a little bit. The 18 Ghent family was big in town. I think it might be the…I don’t know how long the memory is in Fort 19 Collins. You know, everybody knows Whedbee, they know Avery, and those folks, and I’m not sure 20 Ghent is going to last as long. But, I think they’re probably the most significant person attached to it. I 21 don’t know if that’s as really a firm a thing in my mind. 22 MS. SIMPSON: I also…I can’t seem to find it, but somewhere I was reading that this, although 23 Frank had two previous dealerships, this was the one that he started with his son, making it more 24 important to the family as a whole as well. 25 MS. DORN: I think the association is a very important aspect, or standard, for significance for 26 this building. And I would like to see more research on the son himself, and his interaction with this 27 father in the auto dealership business here in the site. And I’d also like to learn a little bit more about the 28 different locations that might be associated with Frank Ghent, to see if they still exist and if they would 29 have a better association than this building. 30 MR. MURRAY: Well, the…yeah, I remodeled Beau Jo’s, and that is…was Ghent Bugas…Ford 31 dealership. And I think he bought it from Bugas, so Bugas started it originally, and then he took it and 32 moved it from there. But that is, I mean if you look at it, it would include Scrumpy’s and City Drug and 33 all that…it’s all one big room. That was the original Ford showroom in town. 34 CHAIR WALLACE: I can’t help feeling that even if these other two properties…because we 35 know that the building that…the other ones that were on the Mitchell Block and then the one where Beau 36 Jo’s and City Drug are now, if we’re going to say any of the properties that we’re aware of might be 37 associated with him, I would think it would be this property, because I would think that within the 38 community, if you say Ghent, then it’s usually associated with the auto dealership, not necessarily, here’s 39 Scrumpy’s, this used to be this, it no longer is, and it was associated with somebody who was associated 40 with the automotive industry and these other elements. So, I don’t know if it would change my opinion if 15.7 Packet Pg. 274 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) 19 1 there was another property, because I think that what we know, this property may best signify that 2 association. 3 MR. MURRAY: I’m a little weirded out about thinking of the Ghent family as history. Is Dwight 4 still alive? It might be that we’re talking to him like he was history and he might be just sitting watching 5 this on TV. So, if you’re out there, Dwight, we love you. 6 MR. BELLO: You know, I’m new to this so I’m trying to understand exactly how the criteria 7 works, but I mean, Mr. Ghent, either one of them, their contribution to the community was opening up a 8 car dealership and doing some civic work and that kind of thing, but I don’t see that as being a significant 9 historian to the community. You know, I mean, it’s not like some of the great names in our country and 10 in our community that have done great things for the nation, or for the state, or for the community itself I 11 mean. So, I’m not sure how you tie this to the history of the community, and whether or not it’s 12 something that is…he’s notable for that reason. I mean, I think there’s other things that we’re picking up 13 on this for this building…I’m not sure this is one of the strongest ones for determining the eligibility of 14 this. 15 MS. GENSMER: I would tend to agree with what Mike said; I do see, of course, that it was 16 owned by…well, or operated by both Ghent’s in that regard, and that they were prominent businessmen 17 who were specifically tied to auto dealerships. But, at least based on the architectural inventory form 18 prepared by the independent contractor, it does seem to me that many…aside from being a businessman 19 and running that business, at least for Frank, many of his community involvements, for example, being in 20 the Civil Defense League, et cetera, were prior to this building. However, I also can’t really speak to 21 Dwight because I don’t have a lot of context for him. 22 CHAIR WALLACE: I, myself, am a little bit torn on the association with Ghent, because my 23 family has been in Fort Collins, so when they say Ghent, we all know what they’re talking about. But, if I 24 take my own family story out of it, I don’t know that I would see that being a strong association. It’s 25 definitely not as strong as I would say there is a connection to the automotive industry. So, would it be a 26 fair assessment…seems like we might still be a little split. Is there a consensus that we might have on its 27 association with Ghent? 28 MR. BELLO: Well, I think the association with Ghent is whether or not Ghent is a person of 29 historic significance, right? 30 CHAIR WALLACE: Right. 31 MR. BELLO: So, I would say, I would agree that he’s tied to this building, and he’s tied to that 32 industry, but is he… 33 CHAIR WALLACE: Is it significant? 34 MR. BELLO: Significant? 35 CHAIR WALLACE: Right, and you would say no? 36 MR. BELLO: No, right. 37 CHAIR WALLACE: Mollie, do you have any…which way you would lean? 38 MS. SIMPSON: I, like you, know the family name. I would love to know more research on the 39 family as whole before I comment on that. Mostly, Frank and Dwight. 15.7 Packet Pg. 275 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) 20 1 out Frank and Dwight before being able to 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 MS. DORN: I agree that I’d like more information ab solidly comment on the association with the Ghents. CHAIR WALLACE: Okay, and Kristi and Kevin? MS. GENSMER: Well, based on what’s before us today and the information that we have as far as associations with persons, I’d have to say no. Some of that is for a lack of the data, specifically with Dwight. However, that doesn’t preclude what I’d already said about thinking that…about the associations with events. So, I guess I’m saying not for persons. MR. MURRAY: I’ve been in town since ’71 I think, and when I first came to town, everybody knew who the Ghent family was, and I’m sure, I’m sorry, I don’t know if it’s G-E-N-T, or G-H-E-N-T, and so I’m going back and forth. But, I feel that, in the context of the associations and all that with automobile industry, and the growth of the automobile in Fort Collins, I see him as the only car dealer that really stands out…maybe Markley. But, like I say, yeah, it’s kind of…to me, it’s, I’d have to say yes, but is it a strong feeling to me…it’s not. If other things were no, I wouldn’t think of it as that strong. I’m sorry…I’m a mediocre…I can’t come up with a real strong yes or no, kind of in between. CHAIR WALLACE: Okay. So, it seems like, more or less, we’re leaning towards not based on the information that we have at hand on Frank and Dwight…again, to this time. Is that a correct assessment? Okay. Alright, then, we talked briefly about the design and construction and its significance. Do we have a consensus on whether or not the building retains that? MS. SIMPSON: I’d like to hear more about what the Commission has to say with design. Specifically, style, I guess…your thoughts on that. MR. MURRAY: I’m sorry, you want what on it now, I’m sorry. MS. SIMPSON: We just didn’t talk much about design or construction…I’d just like to hear more about what everyone has to say. MR. MURRAY: I’m not sure, are we going through the list, or are we just… CHAIR WALLACE: We’re considering the significance associated with standard C, design and construction. MR. MURRAY: Right. Okay, but I mean, under landmark, they have major event, ID with 28 someone import [sic]…we’re not doing all those? 29 CHAIR WALLACE: We have already looked at those ones, so we’re looking at standard C. 30 MR. MURRAY: Okay, so we’ve gone past the broad cultural, economic, and social? 31 CHAIR WALLACE: Yes. 32 MR. MURRAY: Okay. It’s a very distinctive building. For its time and its age…it was when, 21 1 MR. BELLO: As I read through the design and construction…while you’re talking about 2 the…properties may be determined to be significant if they embody the identifiable characteristics of 3 style and method, or period…or method…I’m sorry, period or method of construction. I mean, it 4 certainly does that…represents the work or craftsmanship of an architect whose work is distinguishable. I 5 mean, the craftsmanship, like I said, it’s not…I’m not sure it’s high craftsmanship, but it’s certainly 6 distinguishable style. And it talks about that, work is distinguishable from others by its characteristic, 7 style, and quality. And then, possesses high artistic values…I think that’s debatable…or design 8 concept…but, I think it is a design concept that is unique for that type of structure. So, I think there’s 9 parts of this that do apply and parts of it that don’t apply. But I think, if you take any part of this, there’s 10 sections of it that certainly do apply to it from that standpoint. So, it seems to meet the criteria if you 11 don’t have to have every piece of that. 12 CHAIR WALLACE: Okay. 13 MR. MURRAY: I think the landscape architecture is pretty unique to the time too…like I say, the 14 City doesn’t allow the big parking lots around the outside…but that’s the whole idea…I mean, if you go 15 down to any car place up to lately, it’s big shiny stuff…so as you’re driving by, you’ll see it and all that. 16 So, that fits in there too. 17 MS. SIMPSON: Well, something that I was looking at within that section, under standard C…it’s 18 the second to last sentence in that paragraph…a property can be significant, not only for the way it’s 19 originally constructed or crafted, but also for the way it was adapted at a later period or for the way it 20 illustrates changing tastes, attitudes, and/or uses over a period of time. And, although that building may 21 not have changed significantly in that, I feel like that might be interesting to consider how that was 22 different from a lot of the previous decades of architecture, especially moving to the north. 23 MS. GENSMER: I would agree, and to follow up on that, and kind of the larger trend of the rise 24 of the automobile and really focusing on that, many of those commercial properties up north you were 25 referencing were more pedestrian-oriented, whereas there’s the parking lot around it, there’s that whole 26 way it’s situated with regard to the roads…and the landscaping, I guess… 27 MS. SIMPSON: And…the change in taste for later as we were shown by the images of other 28 buildings and how they have been scraped. So, not only has the style changed from previous time 29 periods, but it’s also later time periods. So, this definitely marks a certain time period in the auto industry 30 sale. 31 MS. GENSMER: And just commercial. 32 MS. SIMPSON: And commercial, thank you. 33 CHAIR WALLACE: Katie, do you have any thoughts? 34 MS. DORN: I agree that it does illustrate changing tastes and attitudes, and it does represent a 35 specific period of time…in the style of automobile dealerships, especially in Fort Collins. 36 CHAIR WALLACE: Okay. 37 MS. SIMPSON: One of the things that I think is so interesting about our city is how we started 38 next to the river and we slowly started moving outward, and this is just another example of constantly 39 moving away from the river…moving south with the annexation of this area, with the orientation of the 40 building, with everything that’s developed beyond that as well. And how it was developed. 15.7 Packet Pg. 277 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) 22 1 CHAIR WALLACE: I myself feel like this may be eligible under standard C for its design and 2 construction because it falls under a lot of the buildings that people don’t…mid-century modern is 3 starting to come about, and even just…it’s more modern even if we don’t reference it as big…big C 4 modern. It’s not necessarily that style, but it hints and suggests at that, and that’s…a lot of people still are 5 grappling with what they think about it. It’s not necessarily pretty; it’s not something that’s 6 recognizable…it looks like something that might be in a lot of different places. But, it shows that change 7 in Fort Collins design, and I think that people love that period of architecture; they hate that period of 8 architecture…there’s not usually a lot of in-betweens. But, I think it does represent that style…or lack of 9 style. It’s part of that emerging…it’s part of that change in design where a lot of steel, a lot of glass, a lot 10 of the stone is coming into place. 11 MS. SIMPSON: Alex, would you call this mid-century modern? 12 CHAIR WALLACE: What was that? 13 MS. SIMPSON: Would you consider this a mid-century modern… 14 CHAIR WALLACE: I would. 15 MS. SIMPSON: You would? 16 CHAIR WALLACE: I would classify it if I were looking at the building; I would have said it was 17 mid-century modern, particularly since a lot of the elements are hearkening not only to that…the steel and 18 the glass, but then I’m interested by the incorporation of the stone, which I tend to see more in Fort 19 Collins architecture in the ‘70’s. So, in some ways, that might be a little bit up and coming of an element. 20 But, I would have said it was mid-century modern. 21 MS. SIMPSON: I would agree with that…the floor-to-ceiling windows, the roof style, the 22 marriage of the indoor and outdoor spaces…normally you orient it so that way you can look out and you 23 have a connection to the outdoors, but what’s interesting about this is, considering it’s commercial, 24 everybody…it’s oriented so everybody’s looking inward. Also, the exposed beams, the rock on the 25 outside…I would definitely consider it mid-century if I were classifying it as well. 26 CHAIR WALLACE: So, as a Commission, do we think that it retains the design and style as far 27 as significance? Mike says yes. 28 MS. GENSMER: I say yes as well. 29 MR. MURRAY: I think so. 30 CHAIR WALLACE: I see nods. Katie? Yeah? 31 MS. DORN: I guess the only thing that just throws me off a little bit is the change of material of 32 the roof, the loss of integrity, and how that plays in with this particular standard for significance. 33 CHAIR WALLACE: Because also when we were discussing earlier the integrity, we were 34 thinking that materials may be questionable, and that six out of the seven…does that impact your thought 35 on its retaining, if we exclude the materials? 36 MS. DORN: Yes…Cassie, could you bring up that list that shows the most significant aspects of 37 integrity for each standard for significance? Thank you. 38 MS. BUMGARNER: Yeah, I just pulled it up. 15.7 Packet Pg. 278 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) 23 1 MS. DORN: So, under standard C, it does list materials, design, and workmanship. And usually, 2 you should try and have at least five out of the…okay, so…the…sorry, I’m trying to figure out how to say 3 this on the spot. Feeling and association need to be kind of combined with the others, and so it’s really 4 important to have a good, clear cut evidence for aspects of integrity for materials, design, and 5 workmanship for the standard for design and construction. And so, if you take out materials because we 6 thought that was questionable, that takes out about 30% of this…the level…the integrity to support the 7 level of significance for this building in that case. I don’t know if that made any sense, but the fact that 8 we’re questioning materials worries me about the aspects of integrity to support this criteria for 9 significance. 10 CHAIR WALLACE: Okay. 11 MR. MURRAY: I’m thinking most of the material is there still, especially the asphalt…but, in 12 my mind, it’s…you know, the roof…the roof and the garage doors are things you always replace and 13 repair, and they could always go back. But, people are getting away from doing hot tar roofs now and 14 they’re going with other styles, so, that’ll probably never happen. But, I think we’re throwing materials 15 out…we’re talking about the massive beams, the tongue and groove ceiling, the glass fronts, and 16 then…and the moss rock sides. Then…it’s one of those generic ones…the whole garage is made out of 17 cinder block, which I think…or concrete block, and that’s original too. So, I’m seeing…when you look at 18 it, it’s got to be 90 to 80% of the materials there. 19 CHAIR WALLACE: Okay. 20 MS. SIMPSON: Although I don’t think that the materials…I don’t know…I’m kind of split on 21 the integrity in terms of materials. I don’t know that I consider design…or that this building is significant 22 for design; however, I do think that the design of this building continually adds to the fact that this 23 building is significant for a specific time period. 24 CHAIR WALLACE: Okay. Alright, well I’d like to move on and consider context. Do we feel 25 that the context is intact? Which, according to the Municipal Code, is the area required for evaluating a 26 resource’s context is dependent on the type and location of the resource. For example, a house located in 27 the middle of a residential block could be evaluated in the context of the buildings on both sides of the 28 block, while a house located on a corner may be required a different contextual area. 29 MS. SIMPSON: I think we need to decide what the context is…this building, when it was built, it 30 was on the edge of town. It’s no longer on the edge of town; however, it was never oriented towards the 31 back side of town, it was oriented towards town and towards the street, and those streets are still intact 32 and all four corners do still have commercial buildings on them. College Avenue is still there. 33 MS. GENSMER: True…and is still commercial, at least in that area. 34 MR. BELLO: Does the changing environment around it…what’s going on the old Kmart site, 35 does that impact this at all in that regard? Or is this…just looking at it as it is today? Because the Kmart 36 site is going to be something completely different. 37 CHAIR WALLACE: Right, and I think that we can take it for what it is now, but also when it 38 changes, it’s still going to be commercial. 39 MR. BELLO: The Walmart site…I mean the Kmart site? 40 CHAIR WALLACE: Yes, that’s the plan as far as I understand. 15.7 Packet Pg. 279 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) 24 1 MR. MURRAY: I don’t know if it fits, but I know Cassie wrote…or the staff wrote a current 2 context of the area that I think we all got, and points out that it’s the corner of a street that’s, you know, a 3 major intersection. And it does point out that there’s going to be change where the old Kmart was, but 4 it’s…it’s putting into the existing Kmart building, so that may not change a bunch. But, I think the 5 context, you know, obviously of the lot itself, stays, but the context around it is going to change. So, I 6 don’t know how we do that. The Walgreens being moved out to the…to the intersection is a change of 7 context for the block. But, the Key Bank and Kmart stay the same at this point, and so it fits with that 8 overall I think. 9 MS. SIMPSON: Although I do think the…the surrounding corners are important to take into 10 consideration if we’re considering this building for its association with the car industry and the vehicular 11 aspect of College and Drake, I still think that the fact that it’s still visible from those streets is the most 12 important. If you look at the pictures that were provided to us on page 135 from the Coloradoan, they 13 show the showroom, which Mr. Murray was talking about with the feeling you get when you see the cars 14 inside the windows, and how excited you are looking at the cars. I still think that is intact, and you can 15 still see that as you drive down College or Drake in your car. 16 MR. MURRAY: On your way to the drive-in. 17 CHAIR WALLACE: I would agree that the context remains intact, particularly since it’s at two 18 very strong arterials of College and Drake, and that it’s predominantly commercial, and since the time of 19 construction, I think the buildings that have been around it have been predominantly commercial. So, 20 there hasn’t been a drastic change as far as impacting that context. 21 MR. BELLO: You know, as I look at this photo that you pointed out, on page 135, if I remember 22 the development now…was there a change in grade or something? Because, you don’t see this from the 23 corner…you see the cars on the bottom and then there’s an elevation change. And I’m trying to wonder 24 how that occurred, because you don’t see it…it doesn’t look like this from the corner. 25 MS. SIMPSON: There’s also a lot of cars in the way now. 26 MR. BELLO: Yeah, there are a lot of cars in the way…right. 27 28 29 30 31 32 33 CHAIR WALLACE: Katie, Kristi, any thoughts on context? MS. GENSMER: I agree with what’s already been said. I do think the context remains intact. MS. DORN: I agree; the context remains intact, and I agree with the two arterials and the predominantly commercial area being intact. CHAIR WALLACE: So, as a Commission, it would appear that we have examined the integrity, the context, as well as the standards for determining significance. Are there any other aspects that anyone on the Commission would like to chime in on or consider at this time? No? Okay, then I think it might 34 be prudent to start putting forth a motion. 15.7 Packet Pg. 280 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MS. GENSMER: I can try to do so…I may need help from my fellow Commission members as we add in our findings and seek to support it. So, I move that the Landmark Preservation Commission uphold the prior determination and find that 2601 South College Avenue is individually eligible as a Fort Collins landmark, according to the standards outlined in Section 14-5 of the Fort Collins Municipal Code. This motion is based on the agenda materials, the information and materials presented during the work session and this hearing, as well as the discussion that we just had, with the following findings: the property has significance under…under standard A, events for associations with a pattern of events, specifically the movement of Fort Collins toward midtown from downtown, so moving south, the change in the city towards a community that relies on automobile transportation, the expansion of the automobile industry, as well as the larger expansion of the city, including the Ghent annexation. I also find that it is significant under…or under standard C, design and construction, because it embodies the identifiable characteristics of a specific period, in this case, mid-century commercial architecture. Some of the specific characteristics are: the very prominent windows facing out onto the major transportation arteries, the use of moss rock and concrete block, and the way that it is sited on the property on the landscape in relation to the major transportation corridors of Drake and College, as well as the way its situated in relation to the parking lot surrounding it. Okay, and…still going…the property exhibits exterior integrity and it satisfies integrity of location in that it remains in the same place; it has not been moved, integrity of design for many of these elements including the large windows, the way it was designed to face towards the streets. It retains integrity of setting because of the way it’s situated at that intersection. Integrity of workmanship…although as Mike said, it isn’t high style, it still embodies the type of construction that was done in that period, as well as integrity of feeling and association because it retains those larger characteristics tying it to both the vehicular arteries, commercial properties, and the automobile industry. And, feel free to add things in there. Finally, that the LPC has considered the context of the area surrounding the property as is required under City Code Chapter 14. We find that the context relates directly to the major transportation arteries of Drake and College, as well as the commercial properties that are surrounding it on those intersections, 27 and the way that they are oriented towards vehicular traffic and set back from the roads. I think that’s it. 28 CHAIR WALLACE: Gretchen, did you get all that? 29 MS. GENSMER: Yeah, I was worried about that. 30 CHAIR WALLACE: It’s on the recording of course, but, if you want to hear it again, she’s going 31 to have to repeat it. 32 MS. GENSMER: And that’s be interesting. 33 CHAIR WALLACE: Okay, do we have a second? 26 1 for a roll call vote please. 2 3 4 5 6 7 8 9 10 11 CHAIR WALLACE: Okay. Alright, then I would like to call MS. SCHIAGER: Bello? MR. BELLO: Yes. MS. SCHIAGER: Dorn? MS. DORN: Yes. MS. SCHIAGER: Gensmer? MS. GENSMER: Yes. MS. SCHIAGER: Murray? MR. MURRAY: Yes. MS. SCHIAGER: Simpson? MS. SIMPSON: Yes. 12 MS. SCHIAGER: And Wallace? 13 CHAIR WALLACE: Yes. Okay, motion passes. So, we have decided to uphold the decision of 14 the property at 2601 South College Avenue as eligible for landmark designation, and this is according to 15 standard A, for event, and standard C, for design and construction, as well as upholding six out of the seven 16 exterior integrity, and for maintaining context. Thank you. 17 18 19 20 21 15.7 Packet Pg. 282 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) ATTACHMENT 8 Staff Powerpoint presentation to Council April 3, 2018 City Council April 3, 2018 2601 South College, Spradley Barr Appeal Laurie Kadrich, Director of Planning, Development & Transportation 2 Decision Under Appeal LPC upheld (6-0) previous decision of CDNS Director and LPC Chair that property is eligible for individual designation: • Property is eligible for individual landmark designation • Meets two standards of significance: • Standard A: Events • Standard C: Design/Construction • Preponderance of integrity to convey their significance • 6 of 7 aspects: Location, Design, Setting, Workmanship, Feeling, and Association 3 Assertions of Appeal • Failure to properly interpret and apply relevant provisions of the City Code. • Municipal Code Chapter 14, Article 1, Sections 14-5 (1), (2), (3), (4), and (5) 4 Assertions of Appeal • Detailed analysis and conclusions of Autobee & Autobee, LLC as to the property’s noneligibility for designation as a local landmark contained in the Colorado Cultural Resource Survey Architectural inventory prepared by Autobee & Autobee, LLC. • Testimony of Kristen Autobee regarding Autobee & Autobee, LLC’s analysis and conclusions regarding the property’s noneligibility for designation as a local landmark. 5 Assertions of Appeal • Testimony of Todd Parker of Brinkman Development, Appellant, regarding the property’s noneligibility for designation as a local landmark • Photographs of the property • Photographs of other automobile dealerships 6 2601 South College Avenue East Elevation, 2017 2601 S College 2601 S College City of Fort Collins Page 1 Wade Troxell, President City Council Chambers Gerry Horak, District 6, Vice President City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Ken Summers, District 3 Kristin Stephens, District 4 Cablecast on FCTV, Channel 14 Ross Cunniff, District 5 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney Executive Director Secretary The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Electric Utility Enterprise Board Meeting April 3, 2018 (after the Regular Council Meeting) • CALL MEETING TO ORDER 1. Consideration and Approval of the Minutes From the March 20, 2018 Electric Utility Enterprise Board Meeting. The purpose of this item is to approve the minutes from the March 20, 2018 Electric Utility Enterprise Board meeting. 2. Items Relating to Electric Utility Enterprise Revenue Bonds, Series 2018. (staff: Travis Storin, Mike Beckstead; no staff presentation; 5 minute discussion) A. Second Reading of Ordinance No. 003, Authorizing the Issuance and Sale of Its Tax-Exempt Revenue Bonds, Series 2018A, and Its Taxable Revenue Bonds, Series 2018B, Providing for the Sources of Payment of the Bonds and Providing Other Details Concerning the Bonds and the Enterprise’s System. B. Second Reading of Ordinance No. 004, Authorizing the Defeasance of the Enterprises Taxable Revenue Bonds (Direct Pay Qualified Energy Conservation Bonds), Series 2010B. These Ordinances, unanimously adopted on First Reading on March 20, 2018, relate to the Electric Utility Enterprise’s issuance of revenue bonds for the City’s proposed Broadband System. Ordinance No. 003, authorizes the financing and construction of a Municipal Broadband System to provide telecommunication facilities and services, including the transmission of voice, data, graphics, and/or video to customers within Fort Collins. This agenda item is consistent with Strategic Objective 3.9 from the 2016 Strategic Plan: Encourage the development of reliable, high speed internet services throughout the community. Ordinance No. 004, authorizes the defeasance of the Electric Utility Enterprise’s 2018B outstanding bonds, for which remaining payments total $5,270,000 principal and $513,328 interest through maturity in 2020. This defeasance is necessary to eliminate certain restrictive covenants in the ELECTRIC UTILITY ENTERPRISE BOARD City of Fort Collins Page 2 2010B bonds that would otherwise affect the Enterprise’s ability to issue the 2018 bonds for the Broadband System. The aggregate principal amount of the Bonds being issued shall not exceed $150,000,000. The net effective interest rate shall not exceed 5.45% on either the 2018A or 2018B Bonds. The 2018A Bonds shall mature no later than December 1, 2042, and the 2018B Bonds shall mature no later than December 1, 2032. • OTHER BUSINESS • ADJOURNMENT Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY April 3, 2018 Electric Utility Enterprise Board STAFF Delynn Coldiron, City Clerk SUBJECT Consideration and Approval of the Minutes From the March 20, 2018 Electric Utility Enterprise Board Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the March 20, 2018 Electric Utility Enterprise Board meeting. ATTACHMENTS 1. March 20, 2018 (PDF) 1 Packet Pg. 3 City of Fort Collins Page 11 ELECTRIC UTILITY ENTERPRISE BOARD March 20, 2018 7:27 PM • CALL MEETING TO ORDER PRESENT: Overbeck, Cunniff, Horak, Martinez, Stephens, Summers ABSENT: Troxell Staff Present: Atteberry, Daggett, Coldiron 1. Consideration and Approval of the Minutes of the January 2 and January 16, 2018 Electric Utility Enterprise Board Meetings. (Adopted) The purpose of this item is to approve the minutes from the January 2 and January 16, 2018, Electric Utility Enterprise Board meetings. Boardmember Cunniff made a motion, seconded by Boardmember Overbeck, to approve the minutes of the January 2 and January 16, 2018 meetings. RESULT: ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Bob Overbeck, District 1 AYES: Overbeck, Cunniff, Horak, Martinez, Stephens, Summers ABSENT: Troxell 2. Items Relating to Electric Utility Enterprise Revenue Bonds, Series 2018. (Adopted on First Reading) A. First Reading of Ordinance No. 003, Authorizing the Issuance and Sale of Its Tax-Exempt Revenue Bonds, Series 2018A, and Its Taxable Revenue Bonds, Series 2018B, Providing for the Sources of Payment of the Bonds and Providing Other Details Concerning the Bonds and the Enterprise’s System. B. First Reading of Ordinance No. 004, Authorizing the Defeasance of the Enterprises Taxable Revenue Bonds (Direct Pay Qualified Energy Conservation Bonds), Series 2010B. The purpose of this item is to consider two ordinances related to the Electric Utility Enterprise’s issuance of revenue bonds for the City’s proposed Broadband System. Ordinance No. 003, authorizes the financing and construction of a Municipal Broadband System to provide telecommunication facilities and services, including the transmission of voice, data, graphics, and/or video to customers within Fort Collins. This agenda item is consistent with Strategic Objective 3.9 from the 2016 Strategic Plan: Encourage the development of reliable, high speed internet services throughout the community. Ordinance No. 004, authorizes the defeasance of the Electric Utility Enterprise’s 2018B outstanding bonds, for which remaining payments total $5,270,000 principal and $513,328 interest through maturity in 2020. This defeasance is necessary to eliminate certain restrictive covenants in the 2010B bonds that would otherwise affect the Enterprise’s ability to issue the 2018 bonds for the Broadband System. The aggregate principal amount of the Bonds being issued shall not exceed $150,000,000. The net effective interest rate shall not exceed 5.45% on either the 2018A or 2018B Bonds. The 2018A Bonds shall mature no later than December 1, 2042, and the 2018B Bonds shall mature no later than December 1, 2032. Mike Beckstead, Chief Financial Officer, stated this item is related to bonds to support broadband efforts and introduced the team members who have been working on this item. Travis Stornin, Accounting Director, provided an overview of the bond structure stating this issuance will fund $142.1 million of revenue bonds from the Light and Power utility. 1.1 Packet Pg. 4 Attachment: March 20, 2018 (6641 : EE minutes-3/20) March 20, 2018 City of Fort Collins Page 12 Vice-President Horak clarified the decision as to whether the City will proceed to provide broadband service for its citizens will occur in the next month. Boardmember Martinez made a motion, seconded by Boardmember Summers, to adopt Ordinance No. 003, on First Reading. RESULT: ORDINANCE NO. 003 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ray Martinez, District 2 SECONDER: Ken Summers, District 3 AYES: Overbeck, Cunniff, Horak, Martinez, Stephens, Summers ABSENT: Troxell Boardmember Cunniff stated he would support the motion and asked if local investors will be made aware of their opportunity to invest in this local utility. Stornin replied that is frequently accomplished through newspaper advertisements with the underwriting team. Boardmember Summers supported a broad marketing approach to the community. Boardmember Martinez made a motion, seconded by Boardmember Summers, to adopt Ordinance No. 004, on First Reading. RESULT: ORDINANCE NO. 004, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ray Martinez, District 2 SECONDER: Ken Summers, District 3 AYES: Overbeck, Cunniff, Horak, Martinez, Stephens, Summers ABSENT: Troxell • OTHER BUSINESS • ADJOURNMENT The meeting adjourned at 7:51 PM. ______________________________ Vice Chair ATTEST: _________________________________ Secretary 1.1 Packet Pg. 5 Attachment: March 20, 2018 (6641 : EE minutes-3/20) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY April 3, 2018 Electric Utility Enterprise Board STAFF Travis Storin, Accounting Director Mike Beckstead, Chief Financial Officer John Duval, Legal SUBJECT Items Relating to Electric Utility Enterprise Revenue Bonds, Series 2018. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 003, Authorizing the Issuance and Sale of Its Tax-Exempt Revenue Bonds, Series 2018A, and Its Taxable Revenue Bonds, Series 2018B, Providing for the Sources of Payment of the Bonds and Providing Other Details Concerning the Bonds and the Enterprise’s System. B. Second Reading of Ordinance No. 004, Authorizing the Defeasance of the Enterprises Taxable Revenue Bonds (Direct Pay Qualified Energy Conservation Bonds), Series 2010B. These Ordinances, unanimously adopted on First Reading on March 20, 2018, relate to the Electric Utility Enterprise’s issuance of revenue bonds for the City’s proposed Broadband System. Ordinance No. 003, authorizes the financing and construction of a Municipal Broadband System to provide telecommunication facilities and services, including the transmission of voice, data, graphics, and/or video to customers within Fort Collins. This agenda item is consistent with Strategic Objective 3.9 from the 2016 Strategic Plan: Encourage the development of reliable, high speed internet services throughout the community. Ordinance No. 004, authorizes the defeasance of the Electric Utility Enterprise’s 2018B outstanding bonds, for which remaining payments total $5,270,000 principal and $513,328 interest through maturity in 2020. This defeasance is necessary to eliminate certain restrictive covenants in the 2010B bonds that would otherwise affect the Enterprise’s ability to issue the 2018 bonds for the Broadband System. The aggregate principal amount of the Bonds being issued shall not exceed $150,000,000. The net effective interest rate shall not exceed 5.45% on either the 2018A or 2018B Bonds. The 2018A Bonds shall mature no later than December 1, 2042, and the 2018B Bonds shall mature no later than December 1, 2032. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, March 20, 2018 (w/o attachments) (PDF) 2. Ordinance No. 003 (PDF) 3. Ordinance No. 004 (PDF) 2 Packet Pg. 6 Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY March 20, 2018 Electric Utility Enterprise Board STAFF Travis Storin, Accounting Director Mike Beckstead, Chief Financial Officer John Duval, Legal SUBJECT Items Relating to Electric Utility Enterprise Revenue Bonds, Series 2018. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 003, Authorizing the Issuance and Sale of Its Tax-Exempt Revenue Bonds, Series 2018A, and Its Taxable Revenue Bonds, Series 2018B, Providing for the Sources of Payment of the Bonds and Providing Other Details Concerning the Bonds and the Enterprise’s System. B. First Reading of Ordinance No. 004, Authorizing the Defeasance of the Enterprises Taxable Revenue Bonds (Direct Pay Qualified Energy Conservation Bonds), Series 2010B. The purpose of this item is to consider two ordinances related to the Electric Utility Enterprise’s issuance of revenue bonds for the City’s proposed Broadband System. Ordinance No. 003, authorizes the financing and construction of a Municipal Broadband System to provide telecommunication facilities and services, including the transmission of voice, data, graphics, and/or video to customers within Fort Collins. This agenda item is consistent with Strategic Objective 3.9 from the 2016 Strategic Plan: Encourage the development of reliable, high speed internet services throughout the community. Ordinance No. 004, authorizes the defeasance of the Electric Utility Enterprise’s 2018B outstanding bonds, for which remaining payments total $5,270,000 principal and $513,328 interest through maturity in 2020. This defeasance is necessary to eliminate certain restrictive covenants in the 2010B bonds that would otherwise affect the Enterprise’s ability to issue the 2018 bonds for the Broadband System. The aggregate principal amount of the Bonds being issued shall not exceed $150,000,000. The net effective interest rate shall not exceed 5.45% on either the 2018A or 2018B Bonds. The 2018A Bonds shall mature no later than December 1, 2042, and the 2018B Bonds shall mature no later than December 1, 2032. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION Overview Consistent with recent Council work sessions concerning Broadband, City staff is bringing forward two ordinances related to the issuance of Electric Utility Enterprise revenue bonds. Financing of the capital and early operating costs of Broadband is a critical, requisite step to launch the new project as staff enters the design, construction, hiring, marketing, and systems work of the project. ATTACHMENT 1 2.1 Packet Pg. 7 Attachment: First Reading Agenda Item Summary, March 20, 2018 (w/o attachments) (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) Agenda Item 2 Item # 2 Page 2 Table 1: Broadband Project Schedule Bonding Process Subsequent to the City’s November 2017 special election and Council’s November 28, 2017 work session, City staff assembled a bonding team consisting of Finance, Legal, and Utilities staff, the City’s bond advisor, external bond legal counsel, and underwriting support. The bonding team has completed several important due diligence steps in advance of first reading of Ordinance No. 003, (the “Bond Ordinance”), summarized below:  Chose a Negotiated Sale and Public Offering, rather than Auction and/or private placement. The Negotiated Sale is preferred for large and complex bond issuances. This route means underwriters are selected via RFP in advance and partner with staff to structure the bonds  Syndicated Model: staff has selected three underwriters to jointly manage the pricing and distribution of the bonds  Completed two rating agency interviews. Obtaining ratings from multiple agencies is likely to make the offering more attractive to investors and thus lower costs. Ratings will be issued in late April shortly before the Preliminary Official Statement is published to investors.  Chose $1,000 denominated bonds, rather than the traditional $5,000, to encourage retail and/or local investor interest. Structure The bond issuance, defeasance, and structure are summarized as follows:  Funding $142.1M of gross proceeds, of which the City will use: o $119.0M for capital and operating costs o $8.2M for sequestered capital to be used for added market share and/or annexations o $14.1M for capitalized interest to defer 30 months’ payments o $0.8M for issuance costs  25 year maturity at 3.9% interest cost, early redemption (call) feature beginning after year 10  Annual debt service cost will gradually ramp up from $5.9M in 2021 to $9.7M in 2024 and averaging $10.2M from 2025 and beyond.  Repayment of $1.8M loan from General Fund with associated interest  Defeasance of the existing 2010B Electric Utility Enterprise bonds of $5.3M in principal and $0.5M in interest 2.1 Packet Pg. 8 Attachment: First Reading Agenda Item Summary, March 20, 2018 (w/o attachments) (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) Agenda Item 2 Item # 2 Page 3 Interest Rate Risk Interest rates are always subject to volatility and have inched upwards by 50 basis points in the last 90 days. Given another two months until pricing in mid-May, it is possible more movement in either direction could be seen. This Ordinance is written with parameters on interest that allow for up to 125 additional basis points on the rate. Below, the previous five years of yields for 20-year maturity bonds are displayed for reference: Table 2: Interest Rate History Comparison to Preliminary Business Plan Table 3: Comparison of Proposed Broadband Bond Ordinance vs. Business Plan CITY FINANCIAL IMPACTS The principal, interest, maturity, and price are subject to change upon pricing in mid-May within the proposed Bond Ordinance’s parameters. The parameters allow for a reasonable range of market scenarios in the weeks that elapse between first and second readings and final pricing of the bonds. 2.1 Packet Pg. 9 Attachment: First Reading Agenda Item Summary, March 20, 2018 (w/o attachments) (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) Agenda Item 2 Item # 2 Page 4 Structure As currently structured, the bonds have a 25-year maturity but allow for early redemption, in part or in whole, semiannually beginning in year 10 (or mid-2028). The bonds would fund $142,146,898 of gross proceeds. Funds would be used as follows: Table 4: Use of Proceeds Debt Service Debt service costs for the Enterprise will be deferred for the first 30 months, or 2018-2020, through the use of a capitalized interest fund. The capitalized interest fund is currently projected at $14,128,550 at inception. Upon the expiration of the capitalized interest fund in 2021, the Enterprise's annual debt service is structured to gradually increase concurrently with the Broadband Project's net revenues. Payments will reach their maximum in 2030 with $10,319,256. An amortization table of the combined Series A and B payments is included below for reference: 2.1 Packet Pg. 10 Attachment: First Reading Agenda Item Summary, March 20, 2018 (w/o attachments) (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) Agenda Item 2 Item # 2 Page 5 Table 5: Combined Amortization Table, Series A and B Defeasance The currently outstanding 2010B Bonds have language limiting how Light & Power revenues are pledged. Staff recommends an “in-substance” defeasance of this debt to enable pledging Light & Power revenues for the 2018 Bonds. The City would need to fund the defeasance of $5,270,000 in principal and $513,328 in interest. The 2018 operating budget includes regular debt service payments of $1,992,324. The remaining $3,791,004 would be paid from Light & Power reserves instead of from ongoing 2019 and 2020 revenues, freeing those revenues for another purpose. Since the 2010 Bonds were issued as Qualified Energy Conservation Bonds, the Light & Power Fund will lose access to interest credits totaling $373,000 if the 2010B Bonds are fully defeased. Staff recommends that the Light & Power Fund be repaid these lost credits from the proceeds of the 2018 Bond. 2.1 Packet Pg. 11 Attachment: First Reading Agenda Item Summary, March 20, 2018 (w/o attachments) (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) Agenda Item 2 Item # 2 Page 6 BOARD / COMMISSION RECOMMENDATION The City's Council Finance Committee supported proceeding to first readings with the full Council at a Special Meeting held February 27, 2018. PUBLIC OUTREACH Two separate ballot measures brought to voters were successful in authorizing the establishment of a municipal fiber retail broadband network. ATTACHMENTS 1. Council Finance Committee Minutes, February 27, 2018 (draft) (PDF) 2. Powerpoint presentation (PDF) 2.1 Packet Pg. 12 Attachment: First Reading Agenda Item Summary, March 20, 2018 (w/o attachments) (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -1- ORDINANCE NO. 003 AN ORDINANCE OF THE CITY OF FORT COLLINS, COLORADO, ELECTRIC UTILITY ENTERPRISE AUTHORIZING THE ISSUANCE AND SALE OF ITS TAX-EXEMPT REVENUE BONDS, SERIES 2018A AND ITS TAXABLE REVENUE BONDS, SERIES 2018B, PROVIDING FOR THE SOURCES OF PAYMENT OF THE BONDS, AND PROVIDING OTHER DETAILS CONCERNING THE BONDS AND THE ENTERPRISE’S SYSTEM. WHEREAS, the City of Fort Collins, Colorado (the “City”) is a duly organized and existing home rule municipality of the State of Colorado, created and operating pursuant to Article XX of the Constitution of the State of Colorado and the home rule charter of the City (the “Charter”); and WHEREAS, the members of the City Council of the City (the “Council”) have been duly elected and qualified; and WHEREAS, Section 19.3(b) of the Charter Article V provides that the Council may, by ordinance establish its electric utility as an enterprise of the City; and WHEREAS, on November 3, 2015, the voters of the City approved a ballot question that authorized the City, in the exercise of its home-rule authority, to provide high-speed internet services, including, without limitation, high-bandwidth services, telecommunications services and/or cable television services to residents, businesses, schools, libraries, nonprofit entities and other users of such services located within the boundaries of the City’s growth management area; and WHEREAS, on November 7, 2017, the voters of the City approved an amendment to the City’s Charter, by adding a new Section 7 to Charter Article XII, to authorize the City’s provision of telecommunication facilities and services as a public utility pursuant to the following ballot question: “Shall Article XII of the City of Fort Collins Charter be amended to allow, but not require, City Council to authorize, by ordinance and without a vote of the electors, the City’s electric utility or a separate telecommunications utility to provide telecommunication facilities and services, including the transmission of voice, data, graphics and video using broadband Internet facilities, to customers within and outside Fort Collins, whether directly or in whole or part through one or more third- party providers, and in exercising this authority, to: (1) issue securities and other debt, but in a total amount not to exceed $150,000,000; (2) set the customer charges for these facilities and services subject to the limitations in the Charter required for setting the customer charges of other City utilities; (3) go into executive session to consider matters pertaining to issues of competition in providing these facilities and services; (4) establish and delegate to a Council-appointed board or commission some or all of the Council’s governing authority and powers granted in this Charter amendment, but not the power to issue securities and other debt; and (5) delegate 2.2 Packet Pg. 13 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -2- to the City Manager some or all of Council’s authority to set customer charges for telecommunication facilities and services?”; and WHEREAS, the Council has heretofore established the City’s Electric Utility as an enterprise of the City (the “Enterprise”) pursuant to Charter Article V, Section 19.3(b), Ordinance No. 60, 1993 and Ordinance No. 38, 2010; and WHEREAS, pursuant to Ordinance No. 011, 2018, the Council has amended the City Code to implement the authority granted in Section 7 of Article XII of the Charter and has authorized the Enterprise to acquire, construct, provide, fund and contract for telecommunication facilities and services in the City, and to take such other actions as may be necessary for the proper administration of said facilities and services; and WHEREAS, Ordinance No. 60, 1993, Ordinance No. 038, 2010, and Ordinance No. 011, 2018 shall be collectively referred to herein as the “Enterprise Ordinances;” and, WHEREAS, pursuant to the Charter and the Enterprise Ordinances, the Council has authorized the Enterprise, by and through the Council, sitting as the board of the Enterprise (the “Board”), to issue revenue and refunding securities and other debt obligations in the manner and to the full extent authorized in Section 7(b) of Charter Article XII and in City Code Section 26-392 to fund the Enterprise’s provision of telecommunication facilities and services; and WHEREAS, Charter Article V, Section 19.3(b) provides that the ordinance issuing any such revenue bonds or other obligations of the Enterprise shall be adopted in the same manner and shall be subject to referendum to the same extent as ordinances of the Council; and WHEREAS, City Code Section 26-392(c) provides that the Enterprise shall be authorized to bind the City to perform any obligation relating to the electrical utility system (the “System”) and to bind the City to perform any obligation relating to the System other than any multiple-fiscal year direct or indirect debt or other financial obligation of the City without adequate present cash reserves pledged irrevocably and held for payments in all future years; and WHEREAS, the Board proposes to extend, better, otherwise improve and equip the System to provide directly or indirectly telecommunication facilities and services, including high- speed broadband Internet facilities and service in the City (as more fully described herein, the “Project”); and WHEREAS, the Enterprise intends to issue its “City of Fort Collins, Colorado, Electric Utility Enterprise, Tax-Exempt Revenue Bonds, Series 2018A” (the “2018A Bonds”) and its “City of Fort Collins, Colorado, Electric Utility Enterprise, Taxable Revenue Bonds, Series 2018B” (the “2018B Bonds” and, together with the 2018A Bonds, the “Bonds”) to defray in part the Cost of the Project (defined herein); and WHEREAS, the Enterprise has previously issued its Taxable Revenue Bonds (Direct Pay Qualified Energy Conservation Bonds), Series 2010B (the “2010B Bonds”) that are currently outstanding in the aggregate principal amount of $5,270,000; and 2.2 Packet Pg. 14 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -3- WHEREAS, in connection with the issuance of the Bonds, the Board has determined that it is in the best interest of the City and the Enterprise to defease all of the outstanding 2010B Bonds prior to the of issuance of the Bonds in order to eliminate certain restrictive contractual provisions in the ordinance authorizing the 2010B Bonds; and WHEREAS, the 2010B Bonds will no longer be outstanding at the time the Bonds are issued; and WHEREAS, except for the 2010B Bonds, neither the City nor the Enterprise has pledged or hypothecated the Gross Pledged Revenues derived or to be derived from the operation of the System, or any part thereof, to the payment of any bonds or for any other purpose, with the result that the Net Pledged Revenues may now be pledged lawfully and irrevocably to the payment of the Bonds; and WHEREAS, the Enterprise intends to negotiate a proposal with the representative of the underwriters of the Bonds (collectively, the “Underwriters”) concerning the purchase of the Bonds; and WHEREAS, pursuant to Section 11-57-205, Colorado Revised Statutes, the Enterprise desires to delegate to the President and the Treasurer the independent power to accept the proposal to purchase the Bonds and to make final determinations relating to the Bonds, subject to the parameters contained in this Ordinance; and WHEREAS, the Board has determined and does hereby declare: A. In order to meet the present and future needs of the City, it is necessary and in the best interest of the City to extend, better, and otherwise improve and equip the System in order to provide directly or indirectly telecommunication facilities and services, including high- speed broadband Internet service; B. It is necessary and in the best interests of the City to issue the Bonds to defray a portion of the cost of the Project; C. The construction, acquisition and installation of the Project and the issuance of the Bonds to pay a portion of the costs thereof will be beneficial to the ratepayers of the System; D. The Net Pledged Revenues shall be pledged to the payment of the Bonds; E. The Bonds shall be sold by negotiated sale to the Underwriters in accordance with its proposal, and such sale is in the best interest of the City; and F. All action preliminary to the authorization of the issuance of the Bonds has been taken. WHEREAS, there are on file with the Enterprise the forms of the following documents (which are hereinafter defined): (i) the form of the Bond Purchase Agreement; (ii) the form of the Paying Agent Agreement; (iii) the form of a Preliminary Official Statement for the Bonds; and (iv) the form of the Continuing Disclosure Certificate; and 2.2 Packet Pg. 15 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -4- WHEREAS, it is necessary to provide for the form of the Bonds, the Bond details, the payment of the Bonds, and other provisions relating to the authorization, issuance, and sale of the Bonds. BE IT ORDAINED BY THE BOARD OF THE CITY OF FORT COLLINS, COLORADO, ELECTRIC UTILITY ENTERPRISE AS FOLLOWS: ARTICLE I DEFINITIONS, INTERPRETATION, RATIFICATION AND EFFECTIVE DATE Section 101. Meanings and Construction. A. Definitions. The terms in this Section for all purposes of this Ordinance and of any Ordinance amendatory hereof or supplemental hereto, or relating hereto, and of any other Ordinance or any other document pertaining hereto, except where the context by clear implication otherwise requires, shall have the meanings herein specified: “Acquire” or “acquisition” means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the Federal Government, the State, any body corporate and politic therein, or any other Person, the endowment, bequest, devise, transfer, assignment, option to purchase, other contract, or other acquisition, or any combination thereof, of any properties pertaining to the System, or an interest therein, or any other properties herein designated. “Board” means the governing body of the Enterprise. “Bond Counsel” means an attorney or a firm of attorneys, designated by the Enterprise of nationally recognized standing in matters pertaining to the tax status of interest on bonds issued by states and their political subdivisions, duly admitted to the practice of law before the highest court of any state of the United States of America or the District of Columbia. “Bond Fund” means, collectively, the 2018A Bond Fund and the 2018B Bond Fund. “Bond Insurance Policy” means the municipal bond insurance policy or financial guaranty insurance policy, if any, issued by the Bond Insurer guaranteeing the payment when due of the principal of and interest on all or a portion of the Bonds, if set forth in the Sale Certificate. “Bond Insurer” means the provider, if any, of the Bond Insurance Policy, or any successor thereto, if set forth in the Sale Certificate. “Bond Purchase Agreement” means the Bond Purchase Agreement between the Enterprise and the Underwriters concerning the purchase of the Bonds. 2.2 Packet Pg. 16 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -5- “Bond Year” means the twelve (12) months commencing on the second day of December of any calendar year and ending on the first day of December of the next succeeding calendar year. “Bonds” means, collectively, the 2018A Bonds and the 2018B Bonds; provided, however that should the Enterprise determine in the Sale Certificate to not issue either the 2018A Bonds or the 2018B Bonds, any reference herein to such specific series will be of no force and effect. “Book-entry form” or “book-entry system” means, with respect to the Bonds, a form or system, as applicable, under which physical Bond certificates in fully registered form are registered only in the name of The Depository Trust Company or its nominee as Owner, with the physical bond certificates “immobilized” in the custody of The Depository Trust Company. The book-entry system maintained by and the responsibility of The Depository Trust Company and not maintained by or the responsibility of the Enterprise or the Paying Agent is the record that identifies, and records the transfer of the interests of, the owners of book-entry interests in the Bonds. “Business Day” means a day of the year, other than a Saturday or Sunday, other than a day on which commercial banks located in the city in which the principal corporate trust office of the Paying Agent is located are required or authorized to remain closed and other than a day on which the New York Stock Exchange is closed. “Capital Improvements” means the acquisition of land, easements, facilities, and equipment (other than ordinary repairs and replacements), and those property improvements or any combination of property improvements which will constitute enlargements, extensions or betterments to the System and will be incorporated into the System. “Charter” means the Home Rule Charter of the City, as amended. “City” means the City of Fort Collins, Colorado. “City Code” means the Code of the City. “Closing Date” means the date of delivery of and payment for the Bonds. “Combined Maximum Annual Debt Service Requirements” means the Maximum Annual Debt Service Requirements for all designated Securities for which such computation is being made, treated as a single issue. “Commercial Bank” means a state or national bank or trust company which is a member of the Federal Deposit Insurance Corporation (or any successors thereto) and of the Federal Reserve System, which has a capital and surplus of $10,000,000 or more, and which is located within the United States of America. “Continuing Disclosure Certificate” means the Continuing Disclosure Certificate for the Bonds executed by the Enterprise. 2.2 Packet Pg. 17 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -6- “Costs of Issuance Fund” means the Costs of Issuance Fund created in the Paying Agent Agreement. “Cost of the Project” means all costs, as designated by the Enterprise, of the Project, or any interest therein, which cost, at the option of the Enterprise (except as may be otherwise limited by law) may include all, any one or other portion of the incidental costs pertaining to the Project, including, without limitation: (i) All preliminary expenses or other costs, including without limitation working capital costs, advanced or loaned by the City or the Enterprise or advanced by the Federal Government, the State or by any other Person from any source, with the approval of the Board, or any combination thereof, or otherwise; (ii) The costs of making surveys and tests, audits, preliminary plans, other plans, specifications, estimates of costs and other preliminaries; (iii) The costs of contingencies; (iv) The costs of premiums on any builders’ risk insurance and performance bonds during the construction, installation and other acquisition of the Project, or a reasonably allocated share thereof; (v) The costs of appraising, printing, estimates, advice, inspection, other services of engineers, architects, accountants, financial consultants, attorneys at law, clerical help and other agents and employees; (vi) The costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the Project and the issuance of the Bonds; (vii) All costs and expenses of issuing the Bonds including, without limitation, fees of the Paying Agent, Bond Counsel, counsel to the Underwriters, counsel to the City or the Enterprise, financial advisor, rating agencies and printers to the extent not defrayed as an Operation and Maintenance Expense; (viii) The costs of the filing or recording of instruments and the cost of any title insurance premiums; (ix) The costs of funding any construction loans and other temporary loans pertaining to the Project and of the incidental expenses incurred in connection with such loans; (x) The costs of demolishing, removing, or relocating any buildings, structures, or other facilities on land acquired for the Project, and of acquiring lands to which such buildings, structures or other facilities may be moved or relocated; (xi) The costs of machinery and equipment; 2.2 Packet Pg. 18 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -7- (xii) The costs of any properties, rights, easements or other interests in properties, or any licenses, privileges, agreements and franchises; (xiii) The payment of the premium for any Bond Insurance Policy and any Reserve Fund Insurance Policy to be deposited in the Reserve Fund, if any; (xiv) The costs of labor, material and obligations incurred to contractors, builders and materialmen in connection with the acquisition and construction of the Project; (xv) The costs of amending any ordinance or other instrument pertaining to the Bonds or otherwise to the System; and (xvi) All other costs and expenses pertaining to the Project, including any costs and expenditures required by law. “Council” means the City Council of the City. “C.R.S.” means the Colorado Revised Statutes, as amended and supplemented as of the date hereof. “Debt Service Requirements” means for any period, the amount required to pay the principal of and interest on any designated Outstanding Securities during such period; provided that the determination of Debt Service Requirements of any Securities shall assume the redemption and payment of such Securities on any applicable mandatory redemption date. In any computation relating to the issuance of additional Parity Bonds required by this Ordinance, or relating to the rate maintenance covenant set forth in Section 921 of this Ordinance, there shall be excluded from the computation of Debt Service Requirements (a) any proceeds on deposit in a bond fund for such Securities constituting capitalized interest, and (b) any moneys deposited by the City or the Enterprise in the bond fund for such Securities that does not constitute Net Pledged Revenues of the System and that have been irrevocably pledged to pay the principal of and interest on such Securities. In determining the Debt Service Requirements for any issue of securities bearing interest at a variable, adjustable, convertible or other similar rate that is not fixed for the entire term thereof, it shall be assumed that any such Securities Outstanding at the time of the computation will bear interest during any period at the highest of (a) the actual rate on the date of calculation, or if the Securities are not yet outstanding, the initial rate (if established and binding), (b) if the Securities have been outstanding for at least twelve (12) months, the average rate over the twelve (12) months immediately preceding the date of calculation, and (c) (i) if interest on the Securities is excludable from gross income under the applicable provisions of the Tax Code, the average of the SIFMA Index during the preceding twelve (12) months plus one hundred (100) basis points, or (ii) if interest is not so excludable, the interest rate on direct Federal Securities with comparable maturities plus fifty (50) basis points. It shall further be assumed that any such Securities which may be tendered prior to maturity for purchase at the option of the Owner thereof will mature on their stated maturity dates or mandatory redemption dates. The Enterprise or the City shall be permitted to treat any fixed rate payable on an interest rate exchange agreement or “swap” contract as the interest rate on any such issue of Securities if the counterparty to such agreement or contract has unconditionally agreed to pay all interest due on such Securities. 2.2 Packet Pg. 19 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -8- “DTC” means the Depository Trust Company, New York, New York, and its successors and assigns, as securities depository for the Bonds. “Enterprise” means the City’s electric utility, which is in charge of the distribution and sale of electricity and the provision of telecommunication facilities and services in the City and is designated by City Code Section 26-392 as an enterprise of the City. “Enterprise Ordinances” means, collectively, the following ordinances adopted by the Council of the City: Ordinance No. 063, 1993, Ordinance No. 038, 2010 and Ordinance No. 110, 2018, establishing the Enterprise and authorizing the Enterprise to have and exercise certain powers in furtherance of its purposes. “Events of Default” means the events stated in Section 1003 hereof. “Federal Government” means the United States of America and any agency, instrumentality or corporation thereof. “Federal Securities” means bills, certificates of indebtedness, notes, or bonds which are direct obligations of, or the principal and interest of which obligations are unconditionally guaranteed by, the United States of America. “Fiscal Year” means the calendar year or any other 12 month period hereafter selected by the Enterprise as its fiscal year. “Fitch” means Fitch Ratings Inc., a corporation organized and existing under the laws of the State of Delaware, its successors and its assigns. “Gross Pledged Revenues” means all rates, fees, charges and revenues derived directly or indirectly by the City from the operation and use of and otherwise pertaining to the System, or any part thereof, whether resulting from Capital Improvements or otherwise, and includes all rates, fees, charges and revenues received by the City from the System, including without limitation: (i) All rates, fees and other charges for the use of the System, or for any service rendered by the City or the Enterprise in the operation thereof, directly or indirectly, the availability of any such service, or the sale or other disposal of any commodities derived therefrom, including, without limitation, connection charges, but: (a) Excluding any moneys borrowed and used for the acquisition of Capital Improvements or for the refunding of securities, and all income or other gain from any investment of such borrowed moneys; and (b) Excluding any moneys received as grants, appropriations or gifts from the Federal Government, the State, or other sources, the use of which is limited by the grantor or donor to the construction of Capital Improvements, except to the extent any such moneys shall be received as payments for the use of the System, services rendered thereby, the availability of any such service, or the disposal of any commodities therefrom; and 2.2 Packet Pg. 20 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -9- (ii) All income or other gain from any investment of Gross Pledged Revenues (including without limitation the income or gain from any investment of all Net Pledged Revenues, but excluding borrowed moneys and all income or other gain thereon in any project fund, construction fund, reserve fund, or any escrow fund for any Parity Bonds payable from Net Pledged Revenues heretofore or hereafter issued and excluding any unrealized gains or losses on any investment of Gross Pledged Revenues); and (iii) All income and revenues derived from the operation of any other utility or other income-producing facilities added to the System and to which the pledge and lien herein provided are lawfully extended by the Board or by the qualified electors of the City. “Improve” or “improvement” means the extension, reconstruction, alteration, betterment or other improvement by the construction, purchase or other acquisition of facilities, including, without limitation, appurtenant machinery, apparatus, fixtures, structures and buildings. “Independent Accountant” means any certified public accountant, or any firm of certified public accountants, duly licensed to practice and practicing as such under the laws of the State: (i) who is, in fact, independent and not under the domination of the City; (ii) who does not have any substantial interest, direct or indirect, with the City, and (iii) who is not connected with the City as an officer or employee thereof, but who may be regularly retained to make annual or similar audits of any books or records of the City. “Independent Engineer” means an individual, firm or corporation engaged in the engineering profession of recognized good standing and having specific experience in respect of business and properties of a character similar to those of the System, which individual, firm or corporation has no substantial interest, direct or indirect, in the City and in the case of an individual, is not a member of the Council, or an officer or employee of the City, and in the case of a firm or corporation, does not have a partner, director, officer or employee who is a member of the Council or an officer or employee of the City. “Light and Power Fund” means the special fund of that name heretofore created by the City and referred to in Section 602 hereof. “Maximum Annual Debt Service Requirements” means the maximum aggregate amount of Debt Service Requirements (excluding redemption premiums) due on the Securities for which such computation is being made in any Bond Year beginning with the Bond Year in which Debt Service Requirements of such Securities are first payable after the computation date and ending with the Bond Year in which the last of the Debt Service Requirements are payable. “Net Pledged Revenues” means the Gross Pledged Revenues remaining after the payment of the Operation and Maintenance Expenses of the System. 2.2 Packet Pg. 21 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -10- “Official Statement” means the Official Statement delivered in connection with the original issuance and sale of the Bonds. “Operation and Maintenance Expenses” means such reasonable and necessary current expenses of the City, paid or accrued, of operating, maintaining and repairing the System including, except as limited by contract or otherwise limited by law, without limiting the generality of the foregoing: (a) All payments made to the Platte River Power Authority, a wholesale electricity provider that acquires, constructs and operates generation capacity for the City, or its successor in function; (b) Engineering, auditing, legal and other overhead expenses directly related and reasonably allocable to the administration, operation and maintenance of the System; (c) Insurance and surety bond premiums appertaining to the System; (d) The reasonable charges of any paying agent, registrar, transfer agent, depository or escrow agent appertaining to the System or any bonds or other securities issued therefor; (e) Annual payments to pension, retirement, health and hospitalization funds appertaining to the System; (f) Any taxes, assessments, franchise fees or other charges or payments in lieu of the foregoing; (g) Ordinary and current rentals of equipment or other property; (h) Contractual services, professional services, salaries, administrative expenses, and costs of labor appertaining to the System and the cost of materials and supplies used for current operation of the System; (i) The costs incurred in the billing and collection of all or any part of the Gross Pledged Revenues; and (j) Any costs of utility services furnished to the System by the City or otherwise. “Operation and Maintenance Expenses” does not include: (a) Any allowance for depreciation; (b) Any costs of reconstruction, improvement, extensions, or betterments, including without limitation any costs of Capital Improvements; (c) Any accumulation of reserves for capital replacements; 2.2 Packet Pg. 22 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -11- (d) Any reserves for operation, maintenance, or repair of the System; (e) Any allowance for the redemption of any bonds or other securities payable from the Net Pledged Revenues or the payment of any interest thereon; (f) Any liabilities incurred in the acquisition of any properties comprising the System; and (g) Any other ground of legal liability not based on contract. “Ordinance” means this Ordinance of the Enterprise, which provides for the issuance and delivery of the Bonds. “Outstanding” when used with reference to the Bonds, the Parity Bonds, or any other designated securities and as of any particular date means all the Bonds, the Parity Bonds, or any such other securities payable from the Net Pledged Revenues or otherwise pertaining to the System, as the case may be, in any manner theretofore and thereupon being executed and delivered: (i) Except any Bond, Parity Bonds, or other security canceled by the Enterprise, by any paying agent, or otherwise on the Enterprise’s behalf, at or before such date; (ii) Except any Bond, Parity Bond, or other security deemed to be paid as provided in Section 1201 hereof or any similar provision of the Ordinance authorizing the issuance of such other security; and (iii) Except any Bond, Parity Bond, or other security in lieu of or in substitution for which another Bond or other security shall have been executed and delivered pursuant to Sections 306, 307 or 1106 hereof or any similar provisions of the Ordinance authorizing the issuance of such other security. “Owner” means the registered owner of any designated Bond, Parity Bond, or other designated security. “Parity Bond Ordinances” means any ordinances or agreements hereafter entered into by the City or the Enterprise with respect to Parity Bonds and, without duplication, any ordinances hereafter adopted by the Council or the Board authorizing the issuance of Parity Bonds. “Parity Bonds” means any Securities hereafter issued or executed by the Enterprise or the City and payable in whole or in part from all or a portion of the Net Pledged Revenues equally or on a parity with the Bonds. “Paying Agent” means U.S. Bank National Association in Denver, Colorado, and being an agent of the Enterprise for the payment of the Debt Service Requirements due in connection with the Bonds, the registrar for the Bonds and for other administration of moneys pertaining to the Bonds, and includes any successor Commercial Bank as paying agent and registrar. 2.2 Packet Pg. 23 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -12- “Paying Agent Agreement” means the Paying Agent Agreement dated the date of issuance of the Bonds between the Enterprise and the Paying Agent. “Permitted Investments” means any obligations permitted by the Charter and the ordinances of the City and, to the extent applicable, the laws of the State. “Person” means a corporation, firm, other body corporate (including, without limitation, the Federal Government, the State, or any other body corporate and politic other than the City or the Enterprise), partnership, limited liability company, association or individual, and also includes an executor, administrator, trustee, receiver or other representative appointed according to law. “Policy Costs” means repayment of draws under the Reserve Fund Insurance Policy, if any, plus all related reasonable expenses incurred by the Surety Provider, plus accrued interest thereon. “Preliminary Official Statement” means the Preliminary Official Statement delivered in connection with the original issuance and sale of the Bonds. “President” means the President of the Enterprise, who shall be the Mayor of the City. “Project” means (a) the land, facilities and rights constructed, installed, purchased and otherwise acquired for the System to provide Telecommunication Facilities and Services, and which constitute Capital Improvements, and (b) working capital related to the System. “Project Fund” means, collectively, the 2018A Project Fund and the 2018B Project Fund. “Rating Agency” means each nationally recognized securities rating agency then maintaining a rating on the Bonds and initially means Standard & Poor’s and Fitch. “Rebate Fund” means the special fund designated as the “City of Fort Collins, Colorado, Electric Utility Enterprise, Tax-Exempt Revenue Bonds, Series 2018A, Rebate Fund” created pursuant to Section 608 hereof. “Record Date” means the close of business on the fifteenth day (whether or not a Business Day) of the calendar month next preceding an interest payment date. “Redemption Date” means the date fixed for the redemption prior to their respective maturities of any Bonds or other designated Securities payable from Net Pledged Revenues in any notice of prior redemption or otherwise fixed and designated by the Enterprise. “Reserve Fund” means any Reserve Fund established to secure the payment of the principal of and interest on all or any portion of the Bonds in accordance with the provisions of the Sale Certificate and Section 606 hereof. If a Reserve Fund is created in the Sale Certificate, the terms and provisions of the Sale Certificate relating to the Reserve Fund shall be incorporated 2.2 Packet Pg. 24 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -13- herein as if set forth herein. If a Reserve Fund is not created in the Sale Certificate, all references herein to the Reserve Fund and Reserve Fund Requirement shall be of no force and effect. “Reserve Fund Insurance Policy” means any insurance policy, surety bond, irrevocable letter of credit or similar instrument deposited in or credited to the Reserve Fund in lieu of or in partial substitution for moneys on deposit therein. “Reserve Fund Requirement” has the meaning ascribed to such term in the Sale Certificate. “Sale Certificate” means a certificate or certificates, executed by either the President or the Treasurer, dated on or before the date of delivery of the Bonds, setting forth the determinations that may be delegated to such officials pursuant to Section 11-57-205(1) of the Supplemental Act. “Secretary” shall mean the Secretary of the Enterprise, who shall be the City Clerk of the City. “Security or Securities” means bonds, notes, certificates, warrants, leases, contracts or other financial obligations or securities issued or executed by the Enterprise or the City and payable in whole or in part from a lien on the Net Pledged Revenues. “SIFMA Index” means the Securities Industry and Financial Markets Association Municipal Swap Index, produced by Municipal Market Data, or if such index is not published, then such other index selected by the Treasurer which reflects the yield of tax-exempt seven-day variable rate demand bonds. “Special Record Date” means the record date for determining ownership of the Bonds for purposes of paying accrued but unpaid interest, as such date may be determined pursuant to this Ordinance. “Standard & Poor’s” means S & P Global Ratings, a division of Standard & Poor’s Financial Services LLC, its successors and its assigns. “State” means the State of Colorado. “Supplemental Act” means Part 2 of Article 57 of Title 11, C.R.S. “Surety Provider” means the Bond Insurer or any other entity issuing a Reserve Fund Insurance Policy with respect to the Bonds, if any. “System” means, collectively, the City’s electric distribution system that furnishes electricity and related services and the City’s broadband system using fiber-optic technology that provides Telecommunication Facilities and Services. The System consists of all properties, real, personal, mixed and otherwise, now owned or hereafter acquired by the City, through purchase, construction and otherwise, and used in connection with such system of the City, and in any way pertaining thereto and consisting of all properties, real, personal, mixed or otherwise, now owned or hereafter acquired by the City, whether situated within or without the City boundaries, used in 2.2 Packet Pg. 25 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -14- connection with such system of the City, and in any way appertaining thereto, including all present or future improvements, extensions, enlargements, betterments, replacements or additions thereof or thereto and administrative facilities. “Tax Code” means the Internal Revenue Code of 1986, as amended to the date of delivery of the Bonds, and the regulations promulgated thereunder. “Tax Compliance Certificate” means the Tax Compliance and No Arbitrage Certificate executed by the Enterprise in connection with the initial issuance and delivery of the 2018A Bonds. “Telecommunication Facilities and Services” means those facilities used and services provided for the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received, to include, without limitation, any broadband Internet facilities and services using any technology having the capacity to transmit data to enable a subscriber to the service to originate and receive high-quality voice, data graphics and video. The term “Telecommunication Facilities and Services” shall be interpreted in the broadest possible way to cover the widest range of technologies and technology infrastructure, regardless of how these terms may be defined by federal or state law. “Term Bonds” means Bonds that are payable on or before their specified maturing dates from sinking fund payments established for that purpose and calculated to retire such Bonds on or before their specified maturity dates. “Treasurer” means the Treasurer of the Enterprise, who shall be the Financial Officer of the City. “Trust Bank” means a Commercial Bank which is authorized to exercise and is exercising trust powers located within or without the State, and also means any branch of the Federal Reserve Bank. “Underwriters” means, collectively, the underwriters of the Bonds. “2010B Bonds” means the “City of Fort Collins, Colorado, Electric Utility Enterprise, Taxable Revenue Bonds (Direct Pay Qualified Energy Conservation Bonds), Series 2010B” that will be defeased in whole prior to the issuance of the Bonds. “2018A Bond Fund” means the special fund designated as the “City of Fort Collins, Colorado, Electric Utility Enterprise, Tax-Exempt Revenue Bonds, Series 2018A, Bond Fund” created pursuant to Section 605 hereof. “2018A Bonds” means the Enterprise’s Tax-Exempt Revenue Bonds, Series 2018A, issued pursuant to this Ordinance. “2018A Project Fund” means the special fund designated as the “City of Fort Collins, Colorado, Electric Utility Enterprise, Tax-Exempt Revenue Bonds, Series 2018A, Project Fund” created pursuant to Section 502 hereof. 2.2 Packet Pg. 26 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -15- “2018B Bond Fund” means the special fund designated as the “City of Fort Collins, Colorado, Electric Utility Enterprise, Taxable Revenue Bonds, Series 2018B, Bond Fund” created pursuant to Section 605 hereof. “2018B Bonds” means the Enterprise’s Taxable Revenue Bonds, Series 2018B, issued pursuant to this Ordinance. “2018B Project Fund” means the special fund designated as the “City of Fort Collins, Colorado, Electric Utility Enterprise, Taxable Revenue Bonds, Series 2018B Project Fund” created pursuant to Section 502 hereof. B. Enterprise-Held Securities. Any securities payable from any Net Pledged Revenues held by the Enterprise shall not be deemed to be Outstanding for the purpose of redemption nor Outstanding for the purpose of consents hereunder or for any other purpose herein. Section 102. Ratification; Approval of Documents. All action heretofore taken (not inconsistent with the provisions of this Ordinance) by the Board, the officers and employees of the Enterprise and otherwise taken by the Enterprise directed toward the Project and the issuance, sale and delivery of the Bonds for such purposes, be, and the same hereby is, ratified, approved and confirmed. ARTICLE II DETERMINATION OF THE ENTERPRISE’S AUTHORITY AND OBLIGATIONS; APPROVAL OF RELATED DOCUMENTS; AND ELECTION TO APPLY SUPPLEMENTAL ACT TO THE BONDS Section 201. Authorization; Conclusive Recital. The Bonds are issued in accordance with the Constitution and laws of the State, Charter, the City Code, the provisions of this Ordinance, the Enterprise Ordinances, the Supplemental Act and all other laws of the State thereunto enabling. For the purpose of defraying the cost of the Project, the Enterprise hereby authorizes to be issued its 2018A Bonds and its 2018B Bonds in the respective aggregate principal amounts provided in the Sale Certificate as approved by the President or the Treasurer, subject to the parameters and restrictions contained in this Ordinance. Section 202. Bonds Equally Secured. The covenants and agreements herein set forth to be performed on behalf of the Enterprise shall be for the equal benefit, protection and security of the Owners of any and all of the Outstanding Bonds and any Outstanding Parity Bonds heretofore or hereafter authorized and issued, all of which, regardless of the time or times of their issue or maturity, shall be of equal rank without preference, priority or distinction of any of such securities over any other thereof, except as otherwise expressly provided in or pursuant to this Ordinance. Section 203. Special Obligations. All of the Debt Service Requirements of the Bonds shall be payable and collectible solely out of the Net Pledged Revenues, which revenues are hereby so pledged; and the special funds pledged hereunder for the payment 2.2 Packet Pg. 27 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -16- of the Debt Service Requirements of the Bonds. The Owner or Owners of the Bonds may not look to any general or other fund for the payment of such Debt Service Requirements, except the herein designated special funds pledged therefor; the Bonds shall not constitute a debt or indebtedness within the meaning of any constitutional, charter, or statutory provision or limitation; and the Bonds shall not be considered or held to be general obligations of the Enterprise or the City but shall constitute special obligations of the Enterprise. No statutory or constitutional provision enacted after the issuance of the Bonds shall in any manner be construed as limiting or impairing the obligation of the Enterprise to comply with the provisions of this Ordinance or to pay the Debt Service Requirements of the Bonds as herein provided. Section 204. Character of Agreement. None of the covenants, agreements, representations and warranties contained herein or in the Bonds shall ever impose or shall be construed as imposing any liability, obligation or charge against the Enterprise or the City (except the Net Pledged Revenues and the special funds pledged therefor), or against its general credit, or as payable out of its general fund or out of any funds derived from taxation or out of any other revenue source (other than those pledged therefor). Pursuant to the Enterprise Ordinances, the Enterprise is authorized to make covenants on behalf of the City and to bind the City to perform any obligation relating to the System other than any multiple-fiscal year direct or indirect debt or other financial obligation of the City without adequate present cash reserves pledged irrevocably and held for payment in future years. Notwithstanding anything in this Ordinance to the contrary, no such covenant of the Enterprise on behalf of the City that would constitute such a direct or indirect debt or other financial obligation of the City may be enforced against the City. Section 205. No Pledge of Property. The payment of the Bonds is not secured by an encumbrance, mortgage or other pledge of property of the City or the Enterprise, except for the Net Pledged Revenues and other special funds pledged for the payment of the Debt Service Requirements of the Bonds. No property of the City or the Enterprise, subject to such exception, shall be liable to be forfeited or taken in payment of the Bonds. Section 206. No Recourse Against Officers and Agents. Pursuant to Section 11- 57-209 of the Supplemental Act, if a member of the Board or the Council, or any officer or agent of the Enterprise or the City acts in good faith, no civil recourse shall be available against such Board member or Council member, officer, or agent for payment of the principal or interest on the Bonds. Such recourse shall not be available either directly or indirectly through the Board, the Enterprise, the Council or the City, or otherwise, whether by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise. By the acceptance of the Bonds and as a part of the consideration of their sale or purchase, any person purchasing or selling such Bonds specifically waives any such recourse. Section 207. Authorization of the Project. The Board, on behalf of the Enterprise, does hereby determine to undertake the Project, which is hereby authorized, and the net proceeds of the Bonds shall be used therefor. 2.2 Packet Pg. 28 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -17- Section 208. Enterprise Status. The Board, on behalf of the Enterprise, hereby confirms its determination that the System shall be an “enterprise” for the purposes of Article X, Section 20 of the State Constitution. Section 209. Sale of Bonds. The Bonds shall be sold by negotiated sale to the Underwriters. Pursuant to the Supplemental Act, the Board hereby delegates to the President or the Treasurer the authority to execute the Bond Purchase Agreement, in accordance with the terms and limitations of this Ordinance. Section 210. Official Statement. The preparation, distribution and use of the Preliminary Official Statement for use in connection with the offering and sale of the Bonds is hereby authorized, ratified, approved and confirmed. The Preliminary Official Statement is hereby deemed by the Board to be final as of its date within the meaning of Rule 15c2-12(b)(1) of the U.S. Securities and Exchange Commission. The President and the Treasurer are each independently authorized to prepare or cause to be prepared, and the President is authorized and directed to approve, on behalf of the Enterprise, and execute a final Official Statement for use in connection with the offering and sale of the Bonds in substantially the form of the Preliminary Official Statement, but with such amendments, additions and deletions as are in accordance with the facts and not inconsistent herewith. The execution of a final Official Statement by the President shall be conclusively deemed to evidence the approval of the form and contents thereof by the Enterprise. Section 211. Paying Agent Agreement and Continuing Disclosure Certificate. The Board hereby approves the Paying Agent Agreement and the Continuing Disclosure Certificate in substantially the forms of such documents on file with the Secretary, with only such changes therein as are not inconsistent herewith. The President is hereby authorized and directed to execute the Paying Agent Agreement and the Continuing Disclosure Certificate and the Secretary is hereby authorized to attest and to affix the seal of the Enterprise to the Paying Agent Agreement and the Continuing Disclosure Certificate. Such documents are to be executed in substantially the forms hereinabove approved, provided that such documents may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Ordinance and to comply with the provisions of the Sale Certificate. The execution of any document or instrument by the appropriate officers of the Enterprise herein authorized shall be conclusive evidence of the approval by the Enterprise of such document or instrument in accordance with the terms hereof. Section 212. Other Related Documents. The President, the Treasurer, the Secretary and all other appropriate officers or employees of the Enterprise are authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance, including without limiting the generality of the foregoing, executing, attesting, authenticating and delivering for and on behalf of the Enterprise any and all necessary documents, instruments or certificates and performing all other acts that they deem necessary or appropriate, including without limitation any financial guaranty agreement required by the provider of any insurance policy or reserve fund insurance policy related to the Bonds. The execution of any instrument by the appropriate officers of the 2.2 Packet Pg. 29 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -18- Enterprise herein authorized shall be conclusive evidence of the approval by the Enterprise of such instrument in accordance with the terms hereof. Section 213. Election to Apply Supplemental Act to the Bonds; Delegation Section 11-57-204 of the Supplemental Act provides that a public entity, including the Enterprise, may elect in an act of issuance to apply all or any of the provisions of the Supplemental Act. The Board hereby elects to apply all of the Supplemental Act to the Bonds. The Bonds shall be issued under the authority of the Supplemental Act and shall so recite as provided herein. Pursuant to Section 11-57-210 of the Supplemental Act, such recital shall be conclusive evidence of the validity and regularity of the issuance of the Bonds after their delivery for value. Pursuant to Section 11-57-205 of the Supplemental Act, the Board hereby delegates to the President or the Treasurer the authority to independently sign a contract for the purchase of the Bonds or to accept a binding bid for the Bonds and to execute any agreement or agreements in connection therewith, and the Board hereby further delegates to each of the President or the Treasurer the authority to independently make any determination delegable pursuant to Section 11-57-205(1)(a-i) of the Supplemental Act, in relation to the Bonds, and to execute the Sale Certificate setting forth such determinations, subject to the following parameters and restrictions: (i) The aggregate principal amount of the Bonds shall not exceed $150,000,000. (ii) The net effective interest rate on the 2018A Bonds shall not exceed 5.45%; and the net effective interest rate on the 2018B Bonds shall not exceed 5.45%. (iii) The price at which the Series 2018A Bonds will be sold to the Underwriters shall not be less than 98% of the aggregate principal amount of the Series 2018A Bonds; and the price at which the Series 2018B Bonds will be sold to the Underwriters shall be not less than 98% of the aggregate principal amount of the Series 2018B Bonds. (iv) The Series 2018A Bonds shall mature no later than December 1, 2042, and the Series 2018B Bonds shall mature no later than December 1, 2032. The President or the Treasurer are hereby independently authorized to determine if obtaining municipal bond insurance for all or a portion of the Bonds is in the best interests of the Enterprise, and if so, to select a Bond Insurer to issue a Bond Insurance Policy, execute a commitment relating to the same and execute any related documents or agreements required by such commitment. The President or the Treasurer are hereby independently authorized to determine if obtaining a Reserve Fund Insurance Policy for all or a portion of the Bonds is in the best interests of the Enterprise, and if so, to select a Surety Provider to issue a Reserve Fund Insurance Policy and execute any related documents or agreements required by such commitment. If the Enterprise determines that it will not obtain a Bond Insurance Policy all references herein to a Bond Insurance Policy or a Bond Insurer shall be of no force and effect. If the Enterprise determines that it will not obtain a Reserve Fund Insurance Policy, all references herein to a Reserve Fund Insurance Policy and a Surety Provider shall be of no force and effect. The delegation set forth in this Section 213 shall be effective for one year following the effective date of this Ordinance. 2.2 Packet Pg. 30 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -19- ARTICLE III AUTHORIZATION, TERMS, EXECUTION AND ISSUANCE OF BONDS Section 301. Bond Details. A. General. The Bonds shall be issued in fully registered form (i.e. registered as to payment of both principal and interest), in denominations of $1,000 or any integral multiple thereof. The 2018A Bonds shall be lettered “RA” and shall be numbered separately from 1 upward. The 2018B Bonds shall be lettered “RB” and shall be numbered separately from 1 upward. The Bonds shall be dated as of the date of their delivery. The Bonds shall mature on December 1, in the years and amounts and be subject to prior redemption as set forth herein and in the Sale Certificate. The Bonds shall bear interest from the most recent interest payment date to which interest has been paid, or if no interest has been paid, from their date until their respective maturities (or prior redemption) at the rates set forth in the Sale Certificate. No interest shall accrue on any Bonds owned by or on behalf of the Enterprise. Interest on the Bonds shall be calculated on the basis of a 360-day year of twelve 30-day months, payable semiannually on each June 1 and December 1, commencing on the date provided in the Sale Certificate. B. Payment of Bonds. The principal of, premium, if any, and final interest payment on each Bond shall be payable at the principal corporate trust office of the Paying Agent, or at such other office as the Paying Agent directs in writing to the Owners of the Bonds, or at the principal office of its successor, upon presentation and surrender of the Bond. Payment of interest on any Bond (other than the final interest payment) shall be made to the Owner thereof by the Paying Agent on or before each interest payment date, (or, if such interest payment date is not a Business Day, on or before the next succeeding Business Day), to such Owner at his or her address as it appears on the registration records kept by the Paying Agent on the Record Date; but any such interest not so timely paid or duly provided for shall cease to be payable to the person who is the Owner thereof at the close of business on the Record Date and shall be payable to the person who is the Owner thereof at the close of business on a Special Record Date for the payment of any such defaulted interest. Such Special Record Date and the date fixed for payment of such defaulted interest shall be fixed by the Paying Agent whenever moneys become available for payment of the defaulted interest, and notice of the Special Record Date shall be given to the Owners not less than ten days prior to the Special Record Date by first-class mail to each such Owner as shown on the Paying Agent’s registration books on a date selected by the Paying Agent, stating the date of the Special Record Date and the date fixed for the payment of such defaulted interest. The Paying Agent may make payments of interest on any Bond by such alternative means as may be mutually agreed to between the Owner of such Bond and the Paying Agent. If any Bond is not paid upon its presentation and surrender at or after its maturity or prior redemption, interest shall continue at its stated rate per annum until the principal thereof is paid in full. All such payments shall be made in lawful money of the United States of America. Section 302. Execution of Bonds. The Bonds shall be executed in the name of the Enterprise by the manual or facsimile signature of the President, shall be sealed with the corporate seal of the Enterprise or a facsimile thereof thereunto affixed, imprinted, engraved or otherwise reproduced and shall be attested by the manual or facsimile signature 2.2 Packet Pg. 31 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -20- of the Secretary. Any Bond may be signed (manually or by facsimile), sealed or attested on behalf of the Enterprise by any person who, at the date of such act, shall hold the proper office, notwithstanding that at the date of authentication, issuance or delivery, such person may have ceased to hold such office. The President and the Secretary may adopt as and for his or her own facsimile signature the facsimile signature of his or her predecessor in office in the event that such facsimile signature appears on any of the Bonds. Before the execution of any Bond, the President and the Secretary shall each file with the Colorado Secretary of State his or her manual signature certified by him or her under oath. Section 303. Authentication Certificate. The authentication certificate upon the Bonds shall be substantially in the form and tenor provided in the form of the Bonds attached to this Ordinance as Exhibit A (with respect to the 2018A Bonds) and Exhibit B (with respect to the 2018B Bonds). No Bond shall be secured hereby or entitled to the benefit hereof, nor shall any Bond be valid or obligatory for any purpose, unless the certificate of authentication, substantially in such form, has been duly executed by the Paying Agent and such certificate of the Paying Agent upon any Bond shall be conclusive evidence that such Bond has been authenticated and delivered hereunder. The certificate of authentication shall be deemed to have been duly executed by it if manually signed by an authorized officer or employee of the Paying Agent, but it shall not be necessary that the same officer or employee sign the certificate of authentication on all of the Bonds. Section 304. Registration and Payment. The Paying Agent shall also act as registrar and transfer agent for the Bonds and shall keep or cause to be kept sufficient records for the registration and transfer of the Bonds, which shall at all times be open to inspection by the Enterprise. Upon presentation for such purpose, the Paying Agent shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said records, Bonds as herein provided. Except as provided in Section 306 hereof, the Person in whose name any Bond shall be registered on the registration records kept by the Paying Agent shall be deemed and regarded as the absolute owner thereof for the purpose of making payment of the Debt Service Requirements thereof and for all other purposes; and payment of or on account of the Debt Service Requirements of any Bond shall be made only to the Owner thereof or his or her legal representative, but such registration may be changed upon transfer of such Bond in the manner and subject to the conditions and limitations provided herein. All such payments shall be valid and effectual to discharge the liability upon such Bond to the extent of the sum or sums so paid. The foregoing provisions of this Section are subject to the provisions of Section 307 hereof. Section 305. Transfer and Exchange. Any Bond may be transferred upon the records required to be kept pursuant to the provisions of Section 304 hereof by the Person in whose name it is registered, in person or by his, her or its duly authorized attorney, upon surrender of such Bond for cancellation, accompanied by delivery of a written instrument of transfer in a form approved by the Paying Agent, duly executed. Whenever any Bond or Bonds shall be surrendered for transfer, the Paying Agent shall authenticate and deliver a new Bond or Bonds for a like aggregate principal amount and of the same maturity and interest rate and of any authorized denominations. The Bonds may be exchanged by the Paying Agent for a like aggregate principal amount of Bonds of the 2.2 Packet Pg. 32 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -21- same maturity and interest rate and of other authorized denominations. The execution by the Enterprise of any Bond of any denomination shall constitute full and due authorization of such denomination and the Paying Agent shall thereby be authorized to authenticate and deliver such Bond. The Paying Agent shall not be required to transfer or exchange (a) any Bond subject to redemption during a period beginning at the opening of business 15 days before the day of the mailing of a notice of redemption of Bonds and ending at the close of business on the day such notice is mailed, or (b) any Bond so selected for redemption in whole or in part after the mailing of notice calling such Bond or any portion thereof for prior redemption except the unredeemed portion of Bonds being redeemed in part. The Paying Agent shall require the payment by any Owner requesting exchange or transfer of any tax or other governmental charge required to be paid with respect to such exchange or transfer, and may charge a sum sufficient to pay the cost of preparing each new Bond upon each exchange or transfer and any other expenses of the Enterprise or the Paying Agent incurred in connection therewith. The foregoing provisions of this Section are subject to the provisions of Section 307 hereof. Section 306. Bond Replacement. If any Bond shall have been lost, destroyed or wrongfully taken, the Enterprise shall provide for the replacement thereof in the manner set forth and upon receipt of the evidence, indemnity bond and reimbursement for expenses provided in Section 8-41 of the City Code. Any such new Bond shall bear a number not previously assigned. The applicant for any such new Bond may be required to pay all expenses and charges of the Enterprise and of the Paying Agent in connection with the issuance of such Bond. All Bonds shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing conditions are exclusive with respect to the replacement and payment of mutilated, destroyed, lost or stolen Bonds, negotiable instruments or other securities. Section 307. Book Entry. A. Depository. Notwithstanding any contrary provision of this Ordinance, the Bonds initially shall be evidenced by one Bond for each maturity and interest rate in denominations equal to the aggregate principal amount of the Bonds of the same series, maturity and interest rate. Such initially delivered Bonds shall be registered in the name of “Cede & Co.” as nominee for DTC. The Bonds may not thereafter be transferred or exchanged except: (1) to any successor of The Depository Trust Company or its nominee, which successor must be both a “clearing corporation” as defined in Section 4-8-102(a)(5), C.R.S. and a qualified and registered “clearing agency” under Section 17A of the Securities Exchange Act of 1934, as amended; or (2) upon the resignation of The Depository Trust Company or a successor or new depository institution under clause (1) or this clause (2) of this paragraph A, or a determination by the Board that The Depository Trust Company or such successor or a new depository institution 2.2 Packet Pg. 33 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -22- is no longer able to carry out its functions, and the designation by the Board of another depository institution acceptable to the Board and to the depository then holding the Bonds, which new depository must be both a “clearing corporation” as defined in Section 4-8-102(a)(5), C.R.S. and a qualified and registered “clearing agency” under Section 17A of the Securities Exchange Act of 1934, as amended, to carry out the functions of The Depository Trust Company or such successor new depository institution; or (3) upon the resignation of The Depository Trust Company or a successor or new depository institution under clause (1) above or designation of a new depository institution pursuant to clause (2) above, or a determination of the Board that The Depository Trust Company or such successor or depository institution is no longer able to carry out its functions, and the failure by the Board, after reasonable investigation, to locate another depository institution under clause (2) to carry out such depository institution functions. B. Successor. In the case of a transfer to a successor of The Depository Trust Company or its nominee as referred to in clause (1) or (2) of paragraph A hereof, upon receipt of the outstanding Bonds by the Paying Agent together with written instructions for transfer satisfactory to the Paying Agent, a new Bond for each maturity and interest rate of the Bonds then outstanding shall be issued to such successor or new depository, as the case may be, or its nominee, as is specified in such written transfer instructions. In the case of a resignation or determination under clause (3) of paragraph A hereof and the failure after reasonable investigation to located another qualified depository institution for the Bonds as provided in clause (3) of paragraph A hereof, and upon receipt of the outstanding Bonds by the Paying Agent, together with written instructions for transfer satisfactory to the Paying Agent, new Bonds shall be issued in authorized denominations as provided in and subject to the limitations of Sections 301, 304, and 305 hereof, registered in the names of such Persons, as are requested in such written transfer instructions; however, the Paying Agent shall not be required to deliver such new Bonds within a period of less than 60 days from the date of receipt of such written transfer instructions. C. Absolute Owner. The Enterprise and the Paying Agent shall be entitled to treat the Owner of any Bond as the absolute owner thereof for all purposes hereof and any applicable laws, notwithstanding any notice to the contrary received by any or all of them and the Enterprise and the Paying Agent shall have no responsibility for transmitting payments or notices to the beneficial owners of the Bonds held by The Depository Trust Company or any successor or new depository named pursuant to paragraph A hereof. D. Payment. The Enterprise and the Paying Agent shall endeavor to cooperate with The Depository Trust Company or any successor or new depository named pursuant to clause (1) or (2) of paragraph A hereof in effectuating payment of the principal amount of the Bonds upon maturity or prior redemption by arranging for payment in such a manner that funds representing such payments are available to the depository on the date they are due. E. Redemption. Upon any partial redemption of any maturity and interest rate of the Bonds, Cede & Co. (or its successor) in its discretion may request the Enterprise to issue and authenticate a new Bond or shall make an appropriate notation on the Bond indicating the date and amount of prepayment, except in the case of final maturity, in which case the Bond must be presented to the Paying Agent prior to payment. The records of the Paying Agent shall govern in 2.2 Packet Pg. 34 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -23- the case of any dispute as to the amount of any partial prepayment made to Cede & Co. (or its successor). Section 308. Bond Cancellation. Whenever any Bond shall be surrendered to the Paying Agent upon payment thereof, or to the Paying Agent for transfer, exchange or replacement as provided herein, such Bond shall be promptly canceled and destroyed by the Paying Agent. Section 309. Negotiability. Subject to the provisions expressly stated or necessarily implied herein, the Bonds shall be fully negotiable and shall have all the qualities of negotiable paper, and the holder or holders thereof shall possess all rights enjoyed by the holders of negotiable instruments under the provisions of the Colorado Uniform Commercial Code. Section 310. Resignation or Removal of Paying Agent. If the Paying Agent shall resign in accordance with the terms and provisions of the Paying Agent Agreement or if the Enterprise shall determine to remove the Paying Agent, the Enterprise may, upon notice mailed to each Owner of Bonds at the addresses last shown on the registration books of the Enterprise, accept the resignation of the Paying Agent or remove the Paying Agent, as the case may be, and appoint a successor paying agent. Every such successor paying agent shall be a Commercial Bank. Any such resignation or removal shall become effective only on the appointment of a successor and acceptance by the successor of its duties hereunder and under the Paying Agent Agreement. Section 311. Bond Form. Subject to the provisions of this Ordinance, each 2018A Bond shall be in substantially the form attached hereto as Exhibit A and each 2018B Bond shall be in substantially the form attached hereto as Exhibit B, with such omissions, insertions, endorsements and variations as to any recitals of fact or other provisions as may be required by the circumstances, be required or permitted by this Ordinance or the Sale Certificate, be consistent with this Ordinance or be necessary or appropriate to conform to the rules and requirements of any governmental authority or any usage or requirement of law with respect thereto. 2.2 Packet Pg. 35 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -24- ARTICLE IV REDEMPTION Section 401. Optional Redemption. The Bonds shall be subject to redemption at the option of the Enterprise from any legally available funds on the dates, at the prices, and in the manner set forth in the Sale Certificate. Section 402. Mandatory Sinking Fund Redemption. The Term Bonds, if any, shall be subject to mandatory sinking fund redemption at the times, in the amounts and at the prices provided in the Sale Certificate. On or before the thirtieth day prior to each such sinking fund payment date, the Paying Agent shall proceed to call the Term Bonds, if any, as provided in the Sale Certificate (or any Term Bond or Term Bonds issued to replace such Term Bonds) for redemption from the sinking fund on the next December 1, and give notice of such call without further instruction or notice from the Enterprise. At its option, to be exercised on or before the sixtieth day next preceding each such sinking fund Redemption Date, the Enterprise may (a) deliver to the Paying Agent for cancellation Term Bonds subject to mandatory sinking fund redemption on such date in an aggregate principal amount desired or (b) receive a credit in respect of its sinking fund redemption obligation for any Term Bonds of the maturity and interest rate subject to mandatory sinking fund redemption on such date, which prior to said date have been redeemed (otherwise than through the operation of the sinking fund) and canceled by the Paying Agent and not theretofore applied as a credit against any sinking fund redemption obligation. Each Term Bond so delivered or previously redeemed will be credited by the Paying Agent at the principal amount thereof against the obligation of the Enterprise on such sinking fund date and such sinking fund obligation will be accordingly reduced. The Enterprise will on or before the sixtieth day next preceding each sinking fund Redemption Date furnish the Paying Agent with its certificate indicating whether or not and to what extent the provisions of (a) and (b) of the preceding sentence are to be availed with respect to such sinking fund payment. Failure of the Enterprise to deliver such certificate shall not affect the Paying Agent’s duty to give notice of sinking fund redemption as provided in this paragraph. Section 403. Partial Redemption. In the case of Bonds of a denomination larger than $1,000, a portion of such Bond ($1,000 or any integral multiple thereof) may be redeemed, in which case the Paying Agent shall, without charge to the owner of such Bond, authenticate and issue a replacement Bond or Bonds for the unredeemed portion thereof. Section 404. Notice of Prior Redemption. Unless waived in writing by the Owner of a Bond to be redeemed, notice of redemption shall be given by the Paying Agent in the name of the Enterprise by mailing such notice at least thirty days and not more than sixty days prior to the redemption date, by first-class mail, postage prepaid, to the Owners of the Bonds to be redeemed at their addresses as shown on the registration records, or in the event that the Bonds to be redeemed are registered in the name of DTC, such notice may, in the alternative, be given by electronic means in accordance with the requirements 2.2 Packet Pg. 36 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -25- of DTC. Notwithstanding the foregoing, the Paying Agent may provide notice of redemption by such alternative means as may be mutually agreed to between the Owner of the Bonds and the Paying Agent. Failure to give such notice to the Owner of any Bond, or any defect therein, shall not affect the validity of the proceedings for the redemption of any other Bonds. All such notices of redemption shall be dated and shall state: (i) the redemption date, (ii) the redemption price, (iii) if less than all outstanding Bonds are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed, (iv) that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, and (v) if applicable, the place where such Bonds are to be surrendered for payment of the redemption price. Except as provided below, after such notice has been given in the manner provided herein, the Bond or Bonds called for redemption shall become due and payable on the designated redemption date, and upon presentation thereof the Enterprise shall pay the Bond or Bonds called for redemption. Installments of interest due on the redemption date shall be payable as provided in this Ordinance for the payment of interest. A certificate by the Paying Agent that a notice of redemption has been given as herein set forth shall be conclusive and receipt by the Owner of a notice of redemption shall not be a condition precedent to the redemption of that Bond. Unless waived by the Paying Agent, the Enterprise agrees to provide the Paying Agent with not less than 10 days’ notice of any prior redemption. Notwithstanding the provisions of this Section, any notice of redemption shall either (a) contain a statement that the redemption is conditioned upon the receipt by the Paying Agent on or before the redemption date of funds sufficient to pay the redemption price of the Bonds so called for redemption, and that if such funds are not available, such redemption shall be cancelled by written notice to the Owners of the Bonds called for redemption in the same manner as the original redemption notice was given, or (b) be given only if funds sufficient to pay the redemption price of the Bonds so called for redemption are on deposit with the Paying Agent in the applicable fund or account. All Bonds surrendered for redemption pursuant to the provisions of this Section shall be canceled and destroyed by the Paying Agent and shall not be reissued. ARTICLE V USE OF BOND PROCEEDS AND OTHER MONEYS Section 501. Disposition of Bond Proceeds. When the Bonds have been duly executed by appropriate Enterprise officers and authenticated by the Paying Agent, the Enterprise shall cause the Bonds to be delivered to the Underwriters on receipt of the agreed purchase price. The Bonds shall be delivered in such denominations as the Underwriters shall direct, subject to the provisions of this Ordinance and the Sale Certificate, and the Paying Agent shall initially register the Bonds in such name or names as the Underwriters shall direct. 2.2 Packet Pg. 37 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -26- The net proceeds derived from the sale of the Bonds, upon the receipt thereof, shall be applied by the Enterprise as set forth in the Sale Certificate. The Underwriters and any subsequent Owners of any of the Bonds are not responsible for the application or disposal by the Enterprise or by any of its officers, agents and employees of the moneys derived from the sale of the Bonds or of any other moneys herein designated. Section 502. Project Fund. There is hereby created, and shall be held by the Enterprise, the special and separate accounts to be known as the (a) “City of Fort Collins, Colorado, Electric Utility Enterprise, Tax-Exempt Revenue Bonds, Series 2018A Project Fund” and the (b) “City of Fort Collins, Colorado, Electric Utility Enterprise, Taxable Revenue Bonds, Series 2018B Project Fund.” Proceeds of the 2018A Bonds in the amount set forth in the Sale Certificate shall be deposited in the 2018A Project Fund and proceeds of the 2018B Bonds in the amount set forth in the Sale Certificate shall be deposited in the 2018B Project Fund. Except as otherwise provided herein, moneys on deposit in the Project Fund shall be used solely for the purpose of paying the Cost of the Project. The expenditure of moneys on deposit in the 2018A Project Fund shall be subject to the tax covenants set forth in Section 929 of this Ordinance and the Tax Compliance Certificate, and shall not be applied to the payment of working capital expenses except to the extent permitted by Section 929 of this Ordinance and the Tax Compliance Certificate. Moneys on deposit in the Project Fund may also be used and paid out by the Enterprise to defray the ongoing administrative costs of the Project, including, without limitation, amounts to be paid to the Paying Agent, legal fees, and accounting fees. The Enterprise may defray any such administrative costs from time to time as Operation and Maintenance Expenses to the extent the moneys deposited in the Project Fund are insufficient therefor. Section 503. Completion of Project. When the portion of the Project that is being financed with the proceeds of the Bonds is completed in accordance with the relevant plans and specifications and all amounts due therefor, including all proper incidental expenses and all administrative costs of the Project referred to in Section 502 hereof, are paid, or for which full provision is made, the Treasurer, to the extent permitted by the Tax Compliance Certificate, shall cause all surplus moneys remaining in the Project Fund, if any, except for any moneys designated in the certificate to be retained to pay any unpaid accrued costs or contingent obligations, to be transferred as follows: A. With respect to the 2018A Bonds, (a) to the Rebate Fund so as to enable the Enterprise to comply with Section 929 hereof, (b) if the Reserve Fund is created in the Sale Certificate, to the Reserve Fund to the extent set forth in the Sale Certificate, to such extent as shall not cause the amount in the Reserve Fund to exceed the Reserve Fund Requirement, and (c) to the 2018A Bond Fund to the extent of any remaining balance of such moneys to be applied against the next principal payment or payments coming due on the 2018A Bonds. Nothing herein prevents the transfer from the 2018A Project Fund to the 2018A Bond Fund, at any time prior to the termination of the 2018A Project Fund, of any moneys which the Treasurer by certificate determines will not be necessary for the Project and will not be designated to be transferred to the Rebate Fund. 2.2 Packet Pg. 38 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -27- B. With respect to the 2018B Bonds, (a) if the Reserve Fund is created in the Sale Certificate, to the Reserve Fund to the extent set forth in the Sale Certificate, to such extent as shall not cause the amount in the Reserve Fund to exceed the Reserve Fund Requirement, and (b) to the 2018B Bond Fund to the extent of any remaining balance of such moneys to be applied against the next principal payment or payments coming due on the 2018B Bonds. Nothing herein prevents the transfer from the 2018B Project Fund to the 2018B Bond Fund, at any time prior to the termination of the 2018B Project Fund, of any moneys which the Treasurer by certificate determines will not be necessary for the Project. Section 504. Lien on Bond Proceeds. Until the proceeds of the Bonds deposited in the Project Fund are applied as herein provided, such Bond proceeds are subject to a lien thereon and pledge thereof for the benefit of the Owners of the Outstanding Bonds as provided in Section 601 hereof. ARTICLE VI ADMINISTRATION OF AND ACCOUNTING FOR PLEDGED REVENUES Section 601. Pledge Securing Bonds. The Net Pledged Revenues are hereby pledged, and a lien thereon is hereby created, to secure the payment of the Debt Service Requirements of the Bonds in accordance with the provisions of this Ordinance. All moneys and securities paid or to be paid to or held or to be held in the Bond Fund, the Project Fund and the Reserve Fund are also hereby pledged, and a lien thereon is hereby created, to secure the payment of the Debt Service Requirements of the Outstanding Bonds, subject to the right of the Enterprise to cause amounts to be withdrawn from the Project Fund to pay the Cost of the Project as provided herein. Amounts on deposit in the Rebate Fund shall not be subject to the lien and pledge of this Ordinance to secure the payment of the Bonds. The pledge of the Net Pledged Revenues shall be valid and binding from and after the date of the delivery of the Bonds. The creation, perfection, enforcement, and priority of the pledge of revenues to secure or pay the Bonds as provided herein shall be governed by Section 11- 57-208 of the Supplemental Act and this Ordinance. The revenues pledged for the payment of the Bonds, as received by or otherwise credited to the Enterprise, shall immediately be subject to the lien of such pledge without any physical delivery, filing, or further act. The lien of such pledge on the revenues pledged for payment of the Bonds and the obligation to perform the contractual provisions made herein shall have priority over any or all other obligations and liabilities of the Enterprise except any Outstanding Parity Bonds hereafter authorized. The lien of the pledge of the Net Pledged Revenues as described in this section shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Enterprise (except as herein otherwise provided) irrespective of whether such parties have notice thereof. Section 602. Light and Power Fund Deposits. So long as any of the Bonds shall be Outstanding, the entire Gross Pledged Revenues, upon their receipt from time to time by the Enterprise, shall be set aside and credited immediately to the special and separate account heretofore created by the City and known as the “Light and Power Fund.” 2.2 Packet Pg. 39 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -28- Section 603. Administration of Light and Power Fund. So long as any of the Bonds shall be Outstanding, the following payments shall be made from the Light and Power Fund, as provided in Sections 604 through 610 hereof. Section 604. Operation and Maintenance Expenses. First, as a first charge on the Light and Power Fund, from time to time there shall continue to be held therein moneys sufficient to pay Operation and Maintenance Expenses, as they become due and payable, and thereupon they shall be promptly paid. For purposes of determining the amount of moneys that shall be held in the Light and Power Fund to pay Operation and Maintenance Expenses, the Enterprise may take into consideration the proceeds of the 2018B Bonds, if any, that are on deposit in the 2018B Project Fund that will be applied to pay Operation and Maintenance Expenses. Any surplus remaining in the Light and Power Fund and not needed for Operation and Maintenance Expenses shall be used for other purposes of the Light and Power Fund as herein provided. Section 605. Bond Fund. Second, from any remaining Net Pledged Revenues, there shall be credited each month, concurrently with each other and with amounts required to meet the Debt Service Requirements with respect to any Outstanding Parity Bonds, to the special and separate accounts hereby created and to be known as the “City of Fort Collins, Colorado, Electric Utility Enterprise, Tax-Exempt Revenue Bonds, Series 2018A, Bond Fund,” (the “2018A Bond Fund”) and the “City of Fort Collins, Colorado, Electric Utility Enterprise, Taxable Revenue Bonds, Series 2018B, Bond Fund,” (the “2018B Bonds Fund”) the following amounts: A. Interest Payments. Monthly (i) to the 2018A Bond Fund, commencing with the month immediately succeeding the delivery of the 2018A Bonds, an amount in equal monthly installments necessary, together with any moneys therein and available therefor, to pay the interest due and payable on the Outstanding 2018A Bonds on the next succeeding interest payment date; and (ii) to the 2018B Bond Fund, commencing with the month immediately succeeding the delivery of the 2018B Bonds, an amount in equal monthly installments necessary, together with any moneys therein and available therefor, to pay the interest due and payable on the Outstanding 2018A Bonds on the next succeeding interest payment date. B. Principal Payments. Monthly (i) to the 2018A Bond Fund, commencing on the first day of the month immediately succeeding the delivery of any of the 2018A Bonds, or commencing on the first day of the month one year next prior to the first principal payment date of any of the 2018A Bonds, whichever commencement date is later, an amount in equal monthly installments necessary, together with any moneys therein and available therefor, to pay the next installment of principal (whether at maturity or on a mandatory redemption date) due on the Outstanding 2018A Bonds, and (ii) to the 2018B Bond Fund, commencing on the first day of the month immediately succeeding the delivery of any of the 2018B Bonds, or commencing on the first day of the month one year next prior to the first principal payment date of any of the 2018B Bonds, whichever commencement date is later, an amount in equal monthly installments necessary, together with any moneys therein and available therefor, to pay the next installment of principal (whether at maturity or on a mandatory redemption date) due on the Outstanding 2018B Bonds. 2.2 Packet Pg. 40 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -29- If prior to any interest payment date or principal payment date, there has been accumulated in the Bond Fund the entire amount necessary to pay the next maturing installment of interest or principal, or both, the payment required in paragraph A or B (whichever is applicable) of this Section 605 may be appropriately reduced; but the required annual amounts again shall be so credited to such account commencing on such interest payment date or principal payment date. The moneys credited to the 2018A Bond Fund shall be used to pay the Debt Service Requirements of the 2018A Bonds then Outstanding, as such Debt Service Requirements become due, except as provided in Sections 608 and 1201 hereof. The moneys credited to the 2018B Bond Fund shall be used to pay the Debt Service Requirements of the 2018B Bonds then Outstanding, as such Debt Service Requirements become due, except as provided in Section 1201 hereof. The City shall be authorized to create capitalized interest accounts within the 2018A Bond Fund and the 2018B Bond Fund. The amounts to be deposited to any such capitalized interest accounts shall be set forth in the Sale Certificate. Section 606. Reserve Fund. A Reserve Fund to secure the payment of the principal of and interest on the Bonds may be established pursuant to the Sale Certificate. In the event that a Reserve Fund is established, the following provisions shall apply. In the event that no Reserve Fund is established in the Sale Certificate, all references herein to the Reserve Fund and the Reserve Fund Requirement shall be of no force and effect. In satisfaction of the Reserve Fund Requirement, upon delivery of the Bonds or at such time as required by the Sale Certificate, either proceeds of the Bonds, cash or a Reserve Fund Insurance Policy in the amount of the Reserve Fund Requirement being provided by Surety Provider shall be deposited in the special and separate fund hereby created and to be known as the “City of Fort Collins, Colorado, Electric Utility Enterprise, Revenue Bonds, Series 2018, Reserve Fund”. The proceeds of the Bonds, cash or a Reserve Fund Insurance Policy shall be credited to Reserve Fund as provided in the Sale Certificate. Any Reserve Fund Insurance Policy shall be held by the Paying Agent. Any Reserve Fund Insurance Policy deposited to the credit of the Reserve Fund shall be valued at the amount available to be drawn or otherwise paid pursuant to such Reserve Fund Insurance Policy at the time of calculation. The Paying Agent shall maintain adequate records as to the amount available to be drawn at any time under the Reserve Fund Insurance Policy and as to the amounts, of which it has knowledge, of Policy Costs paid and owing to the Surety Provider. Such records shall be open to inspection and verification by the Surety Provider during business hours of the Paying Agent. After the payments or deposits required by Sections 604 and 605 have been made or provided for (and except as provided in Section 607 and 608 hereof), and concurrently with any payments required to be made pursuant to any Parity Bond Ordinances with respect to any reserve funds which may be, but are not required to be, established thereby and concurrently with any repayment or similar obligations payable to any surety provider issuing any reserve fund insurance policy with respect to any Parity Bonds, from any moneys remaining in the Light and Power Fund there shall be credited to the Reserve Fund monthly, commencing on the first day of the month next succeeding each date on which the moneys accounted for in the Reserve Fund for any reason are less than the Reserve Fund Requirement, such amounts in substantially equal monthly payments on the first day of each month to re-accumulate the Reserve Fund Requirement by not 2.2 Packet Pg. 41 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -30- more than 12 such monthly payments. If a Reserve Fund Insurance Policy is on deposit in the Reserve Fund to fund all or a part of the Reserve Fund Requirement, the amounts payable into the Reserve Fund pursuant to the immediately preceding sentence shall be paid by the Enterprise first to the Surety Provider to reimburse it for Policy Costs due and owing and second to replenish cash in the Reserve Fund. If there are insufficient Net Pledged Revenues to comply with the requirements of the first sentence of this paragraph, available Net Pledged Revenues shall be credited or paid to the Reserve Fund and to reserve funds which may be established by any Parity Bond Ordinances (or to the Surety Provider or any other surety provider issuing any reserve fund insurance policy with respect to any Parity Bonds) pro rata, based upon the aggregate principal amount of the Bonds and any such Parity Bonds then Outstanding. If there are insufficient Net Pledged Revenues to comply with the requirements of the first sentence of this paragraph and more than one Reserve Fund Insurance Policy is on deposit in the Reserve Fund, available Net Pledged Revenues credited to or paid to the Reserve Fund shall be applied to reimburse the Surety Provider and any other surety provider providing a Reserve Fund Insurance Policy pro rata, based upon the original amount available to be drawn on each. The Reserve Fund Requirement shall be accumulated and, if necessary, re- accumulated from time to time, in the Reserve Fund from Net Pledged Revenues, except to the extent other moneys are credited to the Reserve Fund, and maintained as a continuing reserve to be used, except as hereinafter provided in Sections 607, 608, 704 and 1201 hereof, only to prevent deficiencies in the payment of the Debt Service Requirements of the Bonds Outstanding from time to time from the failure to deposit into the Bond Fund sufficient moneys to pay such Debt Service Requirements as the same accrue and become due. Moneys on deposit in the Reserve Fund may also be applied to the defeasance of the Bonds and to the last principal payments due on the Bonds. No payment need be made into the Reserve Fund at any time so long as the moneys and/or the Reserve Fund Insurance Policy therein equal not less than the Reserve Fund Requirement and there are no Policy Costs due and owing. Unless otherwise provided in the Sale Certificate, the Reserve Fund Requirement shall be re-calculated upon (i) any principal payment, whether at stated maturity or upon redemption, or (ii) the defeasance of all or a portion of the Bonds. The Enterprise may at any time substitute (a) cash or Investment Securities for a Reserve Fund Insurance Policy or (b) a Reserve Fund Insurance Policy for cash or Investment Securities, so long as the amount on deposit in the Reserve Fund after such substitution is at least equal to the Reserve Fund Requirement. Notwithstanding the foregoing, no Reserve Fund Insurance Policy shall be deposited by the Enterprise in the Reserve Fund for such substitution unless the Enterprise has received an opinion of Bond Counsel to the effect that such substitution and the intended use by the Enterprise of the cash or Investment Securities to be released from the Reserve Fund will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the 2018A Bonds. Section 607. Termination of Deposits. No payment need be made into the Bond Fund or the Reserve Fund, if any, if the amount in the Bond Fund and the amount in the Reserve Fund total a sum at least sufficient so that all Bonds Outstanding are deemed to have been paid pursuant to Section 1201 hereof, in which case moneys therein (taking into account the known minimum gain from any investment if such moneys in Permitted 2.2 Packet Pg. 42 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -31- Investments from the time of any such investment or deposit shall be needed for such payment which will not be designated for transfer to the Rebate Fund) shall be used (together with any such gain from such investments) solely to pay the Debt Service Requirements of the Outstanding Bonds as the same become due; and any moneys in excess thereof in those accounts and any other moneys derived from the Net Pledged Revenues or otherwise pertaining to the System may be used to make required payments into the Rebate Fund or in any other lawful manner determined by the Council. Section 608. Rebate Fund. After any payments required to be made pursuant to Sections 604 and 605 have been made, and after any required transfers have been made to the Reserve Fund, if any, there shall be deposited into the special and separate account hereby created, and held by the Enterprise, and to be known as the “City of Fort Collins, Colorado, Electric Utility Enterprise, Tax-Exempt Revenue Bonds, Series 2018A, Rebate Fund” moneys in the amounts and at the times specified in the Tax Compliance Certificate so as to enable the Enterprise to comply with Section 929 hereof. Any such payments shall be made concurrently with any payments required to be made pursuant to any Parity Bond Ordinances with respect to any rebate funds established thereby. Amounts on deposit in the Rebate Fund shall not be subject to the lien and pledge of this Ordinance. The Enterprise shall cause amounts on deposit in the Rebate Fund to be forwarded to the United States Treasury (at the address provided in the Tax Compliance Certificate) at the times and in the amounts set forth in the Tax Compliance Certificate. If the moneys on deposit in the Rebate Fund are insufficient for the purposes thereof, the Enterprise shall transfer moneys in the amount of the insufficiency to the Rebate Fund from the Project Fund, the Bond Fund and the Reserve Fund, if any. Upon receipt by the Enterprise of an opinion of Bond Counsel to the effect that the amount in the Rebate Fund is in excess of the amount required to be contained therein, such excess may be transferred to the Light and Power Fund. Section 609. Payment of Subordinate Securities. Subject to the provisions hereinabove in this Article, but subsequent to the payments required by Sections 604, 605 and 608 hereof and any required payments to the Reserve Fund, any moneys remaining in the Light and Power Fund may be used by the Enterprise for the payment of Debt Service Requirements of subordinate securities, including reasonable reserves for such subordinate securities and for rebate of amounts to the United States Treasury with respect to such subordinate securities. Section 610. Use of Remaining Revenues. After the payments hereinabove required to be made by Sections 602 through 609 hereof have been made or provided for in each month, any remaining Net Pledged Revenues in the Light and Power Fund shall be used, first, for any one or any combination of reasonably necessary purposes and in the Council’s discretion relating to the operation, improvement or debt management of the System and, second, to the extent of any remaining surplus, for any one or any combination of lawful purposes as the Council may from time to time conclusively determine. 2.2 Packet Pg. 43 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -32- Section 611. Budget and Appropriation of Sums. The sums required to make the payments specified in this Article VI shall be included in the budget and the annual, biennial, or supplemental appropriation ordinances or measures to be adopted or passed by the Council in each year while the Bonds, either as to principal or interest, are Outstanding and unpaid. No provisions of any constitution, Charter, statute, ordinance, resolution, or other order or measure enacted after the issuance of the Bonds shall in any manner be construed as limiting or impairing the obligations of the City and the Enterprise to keep and perform the covenants contained in this Ordinance so long as any of the Bonds remain Outstanding and unpaid. ARTICLE VII GENERAL ADMINISTRATION Section 701. Administration of Accounts. The special funds and accounts designated in Articles V and VI hereof shall be administered as provided in this Article (but not any account under Section 1201 hereof). Section 702. Places and Times of Deposits. Except for the Costs of Issuance Fund, each of the special funds or accounts created or adopted herein hereof shall be maintained by the Enterprise as a book account and kept separate kept separate and apart from all other funds or accounts of the Enterprise and the City as trust funds solely for the purposes herein designated therefor. For purposes of investment of moneys, nothing herein prevents the commingling of moneys accounted for in any two or more such funds or accounts pertaining to the Gross Pledged Revenue. Such funds or accounts shall be continuously secured to the fullest extent required or permitted by the laws of the State for the securing of public funds and shall be irrevocable and not withdrawable by anyone for any purpose other than the respective designated purposes of such funds or accounts. Each periodic payment shall be credited to the proper fund or account not later than the date therefor herein designated, except that when any such date shall be not be a Business Day, then such payment shall be made on or before the next preceding Business Day. The Costs of Issuance Fund shall be held and maintained by the Paying Agent pursuant to the provisions of the Paying Agent Agreement. Section 703. Investment of Moneys. Any moneys in the Light and Power Fund, Project Fund, Bond Fund, Reserve Fund, if any, and Rebate Fund and not needed for immediate use shall be invested or reinvested by the Treasurer in Permitted Investments. All such investments shall (a) either be subject to redemption at any time at a fixed value by the holder thereof at the option of such holder, or (b) mature not later than the estimated date or respective dates on which the proceeds are to be expended as estimated by the Treasurer at the time of such investment or reinvestment; provided that (1) Permitted Investments credited to the Reserve Fund shall not mature later than ten years from the date of such investment or reinvestment and (2) collateral securities of any Permitted Investments may have a maturity of more than five years from the date of purchase thereof. For the purpose of any such investment or reinvestment, Permitted Investments shall be deemed to mature at the earliest date on which the obligor is, on demand, obligated to pay a fixed sum in discharge of the whole of such obligations. 2.2 Packet Pg. 44 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -33- Section 704. Accounting for Investments. The Permitted Investments so purchased as an investment or reinvestment of moneys in any such account hereunder shall be deemed at all times to be a part of the account. Any interest or other gain from any investments and reinvestments of moneys accounted for in the Light and Power Fund, the Project Fund, the Bond Fund and the Rebate Fund shall be credited to such account, and any loss resulting from any such investments or reinvestments of moneys accounted for in the Light and Power Fund, the Project Fund, the Bond Fund, the Reserve Fund and the Rebate Fund shall be charged or debited to such Fund. Any interest or other gain from any investment or reinvestment of moneys accounted for in the Reserve Fund (a) shall be credited to the Rebate Fund or the Bond Fund, at the discretion of the Treasurer, if the amount credited to the Reserve Fund immediately after such credit to the Rebate Fund or the Bond Fund is not less than the Reserve Fund Requirement and (b) if the amount credited to the Reserve Fund is less than the Reserve Fund Requirement, shall be credited to the Reserve Fund (up to the amount of the deficiency). No loss or profit in any account on any investments or reinvestments in Permitted Investments shall be deemed to take place as a result of market fluctuations of the Permitted Investments prior to the sale or maturity thereof. In the computation of the amount in any account for any purpose hereunder, except as herein otherwise expressly provided or for rebate purposes, as described in the Tax Compliance Certificate, Permitted Investments shall be valued at the cost thereof (including any amount paid as accrued interest at the time of purchase of the obligation); provided that any time or demand deposits shall be valued at the amounts deposited, in each case exclusive of any accrued interest or any other gain to the Enterprise until such gain is realized by the presentation of matured coupons for payment or otherwise. Section 705. Redemption or Sale of Permitted Investments. The Treasurer shall present for redemption or sale on the prevailing market at the best price obtainable any Permitted Investments so purchased as an investment or reinvestment of moneys in the account whenever it shall be necessary in order to provide moneys to meet any withdrawal, payment or transfer from such account. Neither the Treasurer nor any other officer or employee of the Enterprise shall be liable or responsible for any loss resulting from any such investment or reinvestment made in accordance with this Ordinance. Section 706. Character of Funds. The moneys in any account designated in Articles V and VI hereof shall consist either of lawful money of the United States or Permitted Investments, or both such money and such Permitted Investments. Moneys deposited in a demand or time deposit account in a bank or savings and loan association, appropriately secured according to the laws of the State, shall be deemed lawful money of the United States. Section 707. Payment of Debt Service Requirements. The moneys credited to any fund or account designated in Article VI hereof for the payment of the Debt Service Requirements of any Bonds shall be used without requisition, voucher, warrant, further order or authority (other than is contained herein), or any other preliminaries, to pay promptly the Debt Service Requirements of any Bonds payable from such fund or account as such amounts are due, except to the extent any other moneys are available therefor. 2.2 Packet Pg. 45 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -34- ARTICLE VIII SECURITIES LIENS AND ADDITIONAL SECURITIES Section 801. Lien. The Bonds shall constitute an irrevocable lien (but not necessarily an exclusive lien) upon the Net Pledged Revenues on a parity with the lien of the Net Pledged Revenues of the Parity Bonds. Section 802. Equality of Bonds. The Bonds and any Parity Bonds hereafter authorized to be issued and from time to time Outstanding are equitably and ratably secured by a lien on the Net Pledged Revenues and shall not be entitled to any priority one over the other in the application of the Net Pledged Revenues regardless of the time or times of the issuance of the Bonds and any other such Parity Bonds, it being the intention of the Board that there shall be no priority among the Bonds and any such Parity Bonds regardless of the fact that they may be actually issued and delivered at different times, except that (a) moneys in the Project Fund, Bond Fund and Reserve Fund, if any, shall secure only the Bonds and the moneys in any project fund, bond fund, reserve fund or similar funds established for other Parity Bonds shall secure only such Parity Bonds; and (b) other Parity Bonds may have a lien on Net Pledged Revenues on a parity with the lien thereon of the Bonds even if no reserve fund is established for such Parity Bonds or a reserve fund is established but with a different requirement as to the amount of moneys (or the value of a reserve fund insurance policy with respect to such Parity Bonds) required to be on deposit therein or the manner in which such reserve fund is funded or the period of time over which such reserve fund is funded. Section 803. Issuance of Parity Bonds. The Enterprise and the City shall be authorized to issue Parity Bonds provided that the following conditions are satisfied: A. Current on Payments; No Event of Default. The Enterprise is current in all payments required to have been accumulated in the Bond Fund and the Reserve Fund as required herein and in any Parity Bond Ordinances, and no Event of Default has occurred and is continuing hereunder. B. Historic Earnings Test. The Net Pledged Revenues for any 12 consecutive months out of the 18 months preceding the month in which such proposed Parity Bonds are to be issued are at least equal to the sum of 125% of the Combined Maximum Annual Debt Service Requirements of the Outstanding Bonds, all Outstanding Parity Bonds and such additional Parity Bonds proposed to be issued. C. Adjustment of Gross Pledged Revenues. In any computation under paragraph B of this Section, the amount of the Gross Pledged Revenues for the applicable period shall be decreased and may be increased by the amount of loss or gain conservatively estimated by an Independent Accountant, Independent Engineer or the Treasurer, as the case may be, which results from any changes, which became effective not less than 60 days prior to the last day of the period for which Gross Pledged Revenues are determined, in any schedule of fees, rates and other charges constituting Gross Pledged Revenues based on the number of users during the applicable period as if such modified schedule of fees, rates and other charges shall have been in effect during 2.2 Packet Pg. 46 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -35- such entire time period. However, the Gross Pledged Revenues need not be decreased by the amount of any such estimated loss to the extent the Independent Accountant, the Independent Engineer or the Treasurer estimates the loss is temporary in nature or will be offset within a reasonable temporary period by an increase in revenues or a reduction in Operation and Maintenance Expenses not otherwise included in the calculations under this Section, and estimates any loss under this sentence will not at any time materially and adversely affect the Enterprise’s apparent ability to comply with the rate maintenance covenant stated in Section 921 hereof without modification because of any restrictive legislation, regulation or other action under the police power exercised by any governmental body. D. Reduction of Annual Requirements. The respective annual Debt Service Requirements (including as such a requirement the amount of any prior redemption premiums due on any Redemption Date) shall be reduced to the extent such Debt Service Requirements are scheduled to be paid in each of the respective Fiscal Years with moneys held in trust or in escrow for that purpose by any Trust Bank, including the known minimum yield from any investment in Federal Securities and any bank deposits, including any certificate of deposit. E. Consideration of Additional Expenses. In determining whether or not additional Parity Bonds may be issued as aforesaid, consideration shall be given to any probable increase (but not reduction) in the Operation and Maintenance Expenses of the System as estimated by the Treasurer that will result from the expenditure of the funds proposed to be derived from the issuance and sale of the additional securities; but the Treasurer may reduce any such increase in Operation and Maintenance Expenses by the amount of any increase in revenues or any reduction in Operation and Maintenance Expenses resulting from the Capital Improvements to which such expenditure relates and not otherwise included in the calculations under this Section, if the Treasurer also opines that any such increase in revenues or reduction in any increase in Operation and Maintenance Expenses will not materially and adversely affect the Enterprise’s apparent ability to comply with the rate maintenance covenant stated in Section 921 hereof without modification because of any restrictive legislation, regulation or other action under the police power exercised by any governmental body. F. Refunding of Parity Bonds. In the case of additional Parity Bonds issued for the purpose of refunding less than all of the Bonds and other Parity Bonds then Outstanding, compliance with Sections 803B, 803C, 803D and 803E shall not be required (unless by the provisions of any Parity Bond Ordinances authorizing the issuance of other Outstanding Parity Bonds) so long as the Debt Service Requirements on all Bonds and other Parity Bonds Outstanding after the issuance of such additional Parity Bonds in each Bond Year does not exceed the Debt Service Requirements on all Bonds and other Parity Bonds Outstanding prior to the issuance of such additional Parity Bonds in each Bond Year. Section 804. Certification of Revenues. A written certificate or written opinion by the Treasurer under Section 803 B that such annual revenues, when adjusted as hereinabove provided in paragraphs C, D, and E of Section 803 hereof, are sufficient to pay such amounts, as provided in paragraph B of Section 803 hereof, shall be conclusively presumed to be accurate in determining the right of the Enterprise to authorize, issue, sell and deliver additional securities on a parity with the Bonds. 2.2 Packet Pg. 47 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -36- Section 805. Subordinate Securities Permitted. Nothing herein prevents the Enterprise from issuing additional Securities payable from all or a portion of the Net Pledged Revenues and having a lien thereon subordinate, inferior and junior to the lien thereon of the Bonds. Section 806. Superior Securities Prohibited. Nothing herein permits the Enterprise or the City to issue additional Securities payable from all or a portion of the Net Pledged Revenues and having a lien thereon prior and superior to the lien thereon of the Bonds. ARTICLE IX PROTECTIVE COVENANTS Section 901. General. The Enterprise hereby particularly covenants and agrees with the Owners of the Bonds from time to time, and makes provisions which shall be a part of its contract with such Owners, which covenants and provisions shall be kept by the Enterprise or the City continuously until all of the Bonds have been fully paid or discharged. Section 902. Performance of Duties. The City, acting by and through its officers or otherwise, shall faithfully and punctually perform, or cause to be performed, all duties with respect to the Gross Pledged Revenues and the System required by the Constitution and laws of the State, the Charter and the various Ordinances of the City and the Enterprise, including, without limitation, the making and collection of reasonable and sufficient fees, rates and other charges for services rendered or furnished by or the use of the System, as herein provided, and the proper segregation of the proceeds of the Bonds and of any securities hereafter authorized and the Gross Pledged Revenues and their application from time to time to the respective accounts provided therefor. Section 903. Contractual Obligations. The Enterprise or the City shall perform all contractual obligations undertaken by it under any agreements relating to the Bonds, the Gross Pledged Revenues, the Project, or the System, or any combination thereof. Section 904. Further Assurances. At any and all times the Enterprise or the City shall, so far as it may be authorized by law, pass, make, do, execute, acknowledge, deliver and file or record all and every such further instruments, acts, deeds, conveyances, assignments, transfers, other documents and assurances as may be reasonably necessary or desirable for the better assuring, conveying, granting, assigning and confirming all and singular the rights, the Net Pledged Revenues and other moneys and accounts hereby pledged or assigned, or intended so to be, or which the Enterprise or the City may hereafter become bound to pledge or to assign, or as may be reasonable and required to carry out the purposes of this Ordinance and to comply with any instrument of the Enterprise or the City amendatory thereof, or supplemental thereto. The Enterprise and the City, acting by and through its respective officers, or otherwise, shall at all times, to the extent permitted by law, defend, preserve and protect the pledge of the Net Pledged Revenues and other 2.2 Packet Pg. 48 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -37- moneys and accounts pledged hereunder and all the rights of every Owner of any Bond hereunder against all claims and demands of all Persons whomsoever. Section 905. Conditions Precedent. Upon the date of issuance of the Bonds, all conditions, acts and things required by the Federal or State Constitution, the Charter, the City Code, the Supplemental Act, this Ordinance, the Enterprise Ordinances, or any other applicable law to exist, to have happened and to have been performed precedent to or in the issuance of the Bonds shall exist, have happened, and have been performed; and the Bonds, together with all other obligations of the Enterprise or the City, shall not contravene any debt or other limitation prescribed by the State Constitution. Section 906. Efficient Operation and Maintenance. The City shall at all times operate the System properly and in a sound and economical manner; and the City shall maintain, preserve and keep the same properly or cause the same so to be maintained, preserved and kept, with the appurtenances and every part and parcel thereof in good repair, working order and condition, and shall from time to time make or cause to be made all necessary and proper repairs, replacements and renewals so that at all times the operation of the System may be properly and advantageously conducted. All salaries, fees, wages and other compensation paid by the City in connection with the maintenance, repair and operation of the System shall be fair and reasonable. Section 907. Rules, Regulations and Other Details. The City, acting by and through its officers, shall establish and enforce reasonable rules and regulations governing the operation, use and services of the System. The Enterprise or the City shall observe and perform all of the terms and conditions contained in this Ordinance, and shall comply with all valid acts, rules, regulations, orders and directions of any legislative, executive, administrative or judicial body applicable to the System, the Enterprise or the City, except for any period during which the same are being contested in good faith by proper legal proceedings. Section 908. Payment of Governmental Charges. The Enterprise or the City shall pay or cause to be paid all taxes and assessments or other governmental charges, if any, lawfully levied or assessed upon or in respect of the System, or upon any part thereof, or upon any portion of the Gross Pledged Revenues, when the same shall become due, and shall duly observe and comply with all valid requirements of any governmental authority relative to the System or any part thereof, except for any period during which the same are being contested in good faith by proper legal proceedings. Neither the Enterprise nor the City shall create or suffer to be created any lien upon the System, or any part thereof, or upon the Gross Pledged Revenues, except the pledge and lien created by this Ordinance for the payment of the Debt Service Requirements of the Bonds and except as herein otherwise permitted. The Enterprise or the City shall pay or cause to be discharged or shall make adequate provision to satisfy and to discharge, within 60 days after the same shall become payable, all lawful claims and demands for labor, materials, supplies or other objects which, if unpaid, might by law become a lien upon the System, or any part thereof, or the Gross Pledged Revenues; but nothing herein requires the Enterprise or the City to pay or cause to be discharged or to make provision for any such tax, assessment, 2.2 Packet Pg. 49 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -38- lien or charge, so long as the validity thereof is contested in good faith and by appropriate legal proceedings. Section 909. Protection of Security. The Enterprise and the City and their officers, agents and employees shall not take any action in such manner or to such extent as might prejudice the security for the payment of the Debt Service Requirements of the Bonds, the Parity Bonds, and any other securities payable from the Net Pledged Revenues according to the terms thereof. No contract shall be entered into nor any other action taken by which the rights of any Owner of any Bond or other security payable from Net Pledged Revenues might be prejudicially and materially impaired or diminished, provided that nothing herein shall prevent the City from granting any franchise or license to any provider of Telecommunication Facilities and Services. Section 910. Prompt Payment of Bonds. The Enterprise shall promptly pay the Debt Service Requirements of the Bonds at the places, on the dates and in the manner specified herein and in the Bonds according to the true intent and meaning hereof. Section 911. Use of Funds and Accounts. The funds and accounts described herein shall be used solely and only for the purposes described herein. Section 912. Other Liens. Other than as provided herein, there are no liens or encumbrances of any nature whatsoever on or against the System, or any part thereof, or on or against the Net Pledged Revenues on a parity with or superior to the lien thereon of the Bonds. The 2010B Bonds shall be defeased in whole and shall no longer be outstanding at the time the Bonds are issued. Section 913. Corporate Existence. The City shall maintain its corporate identity and existence so long as any of the Bonds remain Outstanding, unless another body corporate and politic by operation of law succeeds to the powers, privileges, rights, liabilities, disabilities, duties and immunities of the City and is obligated by law to operate and maintain the System and to fix and collect the Gross Pledged Revenues as herein provided without adversely and materially affecting at any time the privileges and rights of any Owner of any Outstanding Bond. Section 914. Disposal of System Prohibited. Except for the use of the System and services pertaining thereto in the normal course of business, or as provided in Section 915 hereof, neither all nor a substantial part of the System shall be sold, leased, mortgaged, pledged, encumbered, alienated or otherwise disposed of, until all the Bonds have been paid in full, as to all Debt Service Requirements, or unless provision has been made therefor, or until the Bonds have otherwise been redeemed, including, without limitation, the termination of the pledge as herein authorized; and the City shall not dispose of its title to the System or to any useful part thereof, including any property necessary to the operation and use of the System and the lands and interests in lands comprising the sites of the System. Section 915. Disposal or Leasing of Unnecessary Property. The City at any time and from time to time may sell, exchange, lease or otherwise dispose of any property 2.2 Packet Pg. 50 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -39- constituting a part of the System that is (i) not useful in the construction, reconstruction or operation thereof, or (ii) which shall have ceased to be necessary for the efficient operation of the System, or (iii) which shall have been replaced by other property of at least equal value, or (iv) which is not currently being utilized by the City, including without limitation, the leasing of dark fibers of the System. Any proceeds of any such sale, exchange, lease or other disposition received that is not used to replace such property so sold, exchanged, leased or otherwise disposed of, shall be deposited by the City in the Light and Power Fund or into a special book account for the betterment, enlargement, extension, other improvement and equipment of the System, or any combination thereof, as the City may determine; provided that any proceeds of any such lease of the System shall be deposited by the City as Gross Pledged Revenues in the Light and Power Fund. Section 916. Competing System. Nothing herein shall prevent the City from granting any franchise or license to any provider of Telecommunication Facilities and Services. Section 917. Loss From Condemnation. If any part of the System is taken by the exercise of the power of eminent domain, the amount of any award received by the City as a result of such taking shall be paid into the Light and Power Fund or into a capital improvement account pertaining to the System for the purposes thereof, or, applied to the redemption of the Outstanding Bonds and any Outstanding Parity Bonds relating thereto, all as the City may determine. Section 918. Employment of Managers and Engineers. If the Enterprise defaults in paying the Debt Service Requirements of the Bonds, the Parity Bonds, or any other securities payable from the Net Pledged Revenues promptly as the same become due, or an Event of Default has occurred and is continuing, or if the Net Pledged Revenues in any Fiscal Year fail to equal at least the amount of the Debt Service Requirements of the Outstanding Bonds, Parity Bonds, and any other securities (including all reserves therefor specified in the authorizing proceedings, including, without limitation, this Ordinance) payable from the Net Pledged Revenues in that Fiscal Year, the Enterprise or the City shall retain a firm of competent managers and engineers skilled in the operation of such facilities to assist the management of the System so long as such default continues or so long as the Net Pledged Revenues are less than the amount hereinabove designated in this Section. Section 919. Budgets. The Council and officials of the City shall biennially and at such other times as may be provided by law prepare and adopt a budget pertaining to the System. Section 920. Reasonable and Adequate Charges. While the Bonds remain Outstanding and unpaid, the fees, rates and other charges due to the City for the use of or otherwise pertaining to and services rendered by the System to the City, to its inhabitants and to all other users within and without the boundaries of the City shall be reasonable and just, taking into account and consideration public interests and needs, the cost and value of the System, the Operation and Maintenance Expenses thereof, and the amounts necessary to meet the Debt Service Requirements of all Bonds, the Parity Bonds, and any 2.2 Packet Pg. 51 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -40- other securities payable from the Net Pledged Revenues, including, without limitation, reserves and any replacement accounts therefor. Section 921. Adequacy and Applicability of Charges. There shall be charged against users of service pertaining to and users of the System, except as provided by Section 922 hereof, such fees, rates and other charges so that the Gross Pledged Revenues shall be adequate to meet the requirements of this and the preceding Sections hereof. Such charges pertaining to the System shall be at least sufficient so that the Gross Pledged Revenues annually are sufficient to pay in each Fiscal Year: A. Operation and Maintenance Expenses. An amount equal to the annual Operation and Maintenance Expenses for such Fiscal Year that are payable from the Gross Pledged Revenues, B. Principal and Interest. An amount equal to 125% of the Debt Service Requirements on the Bonds and any Parity Bonds then Outstanding payable from the Net Pledged Revenues in that Fiscal Year (excluding the reserves therefor), and C. Deficiencies. All sums, if any, due and owing to meet then existing deficiencies pertaining to any fund or account relating to the Gross Pledged Revenues or any securities payable therefrom. Section 922. Limitations Upon Free Service. No free service or facilities shall be furnished by the System, except that the City shall not be required to pay for any use by the City of any facilities of the System, including Telecommunication Facilities and Services, for municipal purposes. If the City chooses, in its sole discretion, to pay for its use of the System, all the income so derived from the City shall be deemed to be income derived from the operation of the System, to be used and to be accounted for in the same manner as any other income derived from the operation of the System. Section 923. Collection of Charges. The City shall cause all fees, rates and other charges pertaining to the System to be collected as soon as is reasonable, shall reasonably prescribe and enforce rules and regulations or impose contractual obligations for the payment of such charges, and for the use of the System, and shall provide methods of collection and penalties, to the end that the Gross Pledged Revenues shall be adequate to meet the requirements of this Ordinance and any other Ordinance supplemental thereto. Section 924. Procedure for Collecting Charges. All bills for services or facilities furnished or served by or through the System shall be rendered to customers on a regularly established basis. The fees, rates and other charges due shall be collected in a lawful manner, including, without limitation, discontinuance of service. Section 925. Maintenance of Records. So long as any of the Bonds and any Parity Bonds payable from the Gross Pledged Revenues remain Outstanding, proper books of record and account shall be kept by the City and the Enterprise, separate and apart from all other records and accounts. 2.2 Packet Pg. 52 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -41- Section 926. Audits Required. The City, annually following the close of each Fiscal Year, shall order an audit for the Fiscal Year of the books and accounts pertaining to the System to be made forthwith by an Independent Accountant and order an audit report showing the receipts and disbursements for each fund or account pertaining to the System and the Gross Pledged Revenues. All expenses incurred in the making of the audits and reports required by this subsection may be regarded and paid as Operating Expense. Section 927. Accounting Principles. System records and accounts, and audits thereof, shall be currently kept and made, as nearly as practicable, in accordance with the then generally accepted accounting principles, methods and terminology followed and construed for utility operations comparable to the System, except as may be otherwise provided herein or required by applicable law or regulation or by contractual obligation existing on the effective date of this Ordinance. Section 928. Insurance and Reconstruction. Except to the extent of any self- insurance, the City shall at all times maintain with responsible insurers fire and extended coverage insurance, worker’s compensation insurance, public liability insurance and all such other insurance as is customarily maintained with respect to utilities of like character against loss of or damage to the System and against loss of revenues and against public and other liability to the extent reasonably necessary to protect the interests of the City, the Enterprise and of each Owner of a Bond. If any useful part of the System shall be damaged or destroyed, the City shall, as expeditiously as may be possible, commence and diligently proceed with the repair or replacement of the damaged property so as to restore the same to use. The proceeds of any such insurance shall be payable to the City and (except for proceeds of any use and occupancy insurance) shall be applied to the necessary costs involved in such repair and replacement and to the extent not so applied shall (together with the proceeds of any such use and occupancy insurance) be deposited in the Light and Power Fund by the City as revenues derived from the operation of the System. If the costs of such repair and replacement of the damaged property exceed the proceeds of such insurance available for the payment of the same, moneys in the Light and Power Fund shall be used to the extent necessary for such purposes, as permitted by Section 610 hereof. Section 929. Tax Covenant. The City and the Enterprise covenant for the benefit of the Owners of the 2018A Bonds that it will not take any action or omit to take any action with respect to the 2018A Bonds, the proceeds thereof, any other funds of the City or the Enterprise or any facilities financed with the proceeds of the 2018A Bonds if such action or omission (i) would cause the interest on the 2018A Bonds to lose its exclusion from gross income for federal income tax purposes under Section 103 of the Tax Code, (ii) would cause interest on the 2018A Bonds to lose its exclusion from alternative minimum taxable income as defined in Section 55(b)(2) of the Tax Code, or (iii) would cause interest on the 2018A Bonds to lose its exclusion from Colorado taxable income or Colorado alternative minimum taxable income under present State law. In furtherance of this covenant, the City and the Enterprise agree to comply with the procedures set forth in the Tax Compliance Certificate with respect to the 2018A Bonds. 2.2 Packet Pg. 53 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -42- The foregoing covenant shall remain in full force and effect notwithstanding the payment in full or defeasance of the 2018A Bonds until the date on which all obligations of the City and the Enterprise in fulfilling the above covenant under the Tax Code and Colorado law have been met. Notwithstanding any provision of this Section, if the City or the Enterprise shall obtain an opinion of nationally recognized bond counsel that any specified action required under this Section is no longer required or that some further or different action is required to maintain the tax-exempt status of interest on the 2018A Bonds, the City or the Enterprise, as the case may be, may conclusively rely on such opinion in complying with the requirements of this Section, and the covenants hereunder shall be deemed to be modified to that extent. Section 930. Continuing Disclosure. The Enterprise shall comply with the provisions of the Continuing Disclosure Certificate. Any failure by the Enterprise to perform in accordance with this Section shall not constitute an Event of Default under this Ordinance, and the rights and remedies provided by this Ordinance upon the occurrence of an Event of Default shall not apply to any such failure. The Paying Agent shall not have any power or duty to enforce this Section. No Owner of a Bond shall be entitled to damages for the Enterprise’s non-compliance with its obligations under this Section. ARTICLE X PRIVILEGES, RIGHTS AND REMEDIES Section 1001. Owners’ Remedies. Each Owner of any Bond shall be entitled to all of the privileges, rights and remedies provided or permitted in this Ordinance, and as otherwise provided or permitted by law or in equity or by any statutes, except as provided in Sections 202 through 206 hereof, but subject to the provisions herein concerning the pledge of and the covenants and the other contractual provisions concerning the Gross Pledged Revenues and the proceeds of the Bonds. Section 1002. Right to Enforce Payment. Nothing in this Article affects or impairs the right of any Owner of any Bond to enforce the payment of the Debt Service Requirements due in connection with his or her Bond or the obligation of the Enterprise to pay the Debt Service Requirements of each Bond to the Owner thereof at the time and the place expressed in the Bond. Section 1003. Events of Default. Each of the following events is hereby declared an “Event of Default:” A. Nonpayment of Principal. Payment of the principal of any of the Bonds is not made when the same becomes due and payable, either at maturity or by proceedings for prior redemption, or otherwise; B. Nonpayment of Interest. Payment of any installment of interest on any of the Bonds is not made when the same becomes due and payable; C. Cross Defaults. The occurrence and continuance of an “event of default,” as defined in any Parity Bond Ordinance; 2.2 Packet Pg. 54 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -43- D. Failure to Reconstruct. The Enterprise unreasonably delays or fails to carry out with reasonable dispatch the reconstruction of any part of the System which is destroyed or damaged and is not promptly repaired or replaced (whether such failure promptly to repair the same is due to impracticability of such repair or replacement or is due to a lack of moneys therefor or for any other reason), but it shall not be an Event of Default if such reconstruction is not essential to the efficient operation of the System; E. Appointment of Receiver. An order or decree is entered by a court of competent jurisdiction with the consent or acquiescence of the City appointing a receiver or receivers for the System or for the Gross Pledged Revenues and any other moneys subject to the lien to secure the payment of the Bonds, or if an order or decree having been entered without the consent or acquiescence of the City is not vacated or discharged or stayed on appeal within 60 days after entry; and F. Default of Any Other Provision. The City or the Enterprise defaults in the due and punctual performance of any other of the representations, covenants, conditions, agreements and other provisions contained in the Bonds or in this Ordinance on its part to be performed (other than Section 930 hereof), and such default continues for 60 days after written notice specifying such default and requiring the same to be remedied is given to the City and Enterprise specifying the failure and requiring that it be remedied, which notice may be given by the Paying Agent in its reasonable discretion and shall be given by the Paying Agent at the written request of the Owners of not less than 25 percent in aggregate principal amount of Bonds then Outstanding. The Paying Agent shall not be required to take notice or be deemed to have notice of any such defaults under the Bonds or this Ordinance, except for defaults arising from failure to make any required payments to the Paying Agent or defaults of which the Paying Agent has actual knowledge, unless the Paying Agent is specifically notified in writing of such default by the City, Enterprise, or the Owners of twenty-five percent (25%) in aggregate principal amount of the Bonds then Outstanding. Except as otherwise expressly provided herein, the Paying Agent shall not be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or of any of the documents executed in connection with the Bonds, or as to the existence of a default thereunder. Section 1004. Remedies for Defaults. Upon the happening and continuance of any Event of Default, the Owner or Owners of not less than 25% in aggregate principal amount of the Bonds then Outstanding, including, without limitation, a trustee or trustees therefor, may proceed against the City and the Enterprise and its agents, officers and employees to protect and to enforce the rights of any Owner of Bonds under this Ordinance by mandamus or by other suit, action or special proceedings in equity or at law, in any court of competent jurisdiction, either for the appointment of a receiver or for the specific performance of any covenant or agreement contained herein or in an award of execution of any power herein granted for the enforcement of any proper legal or equitable remedy as such Owner or Owners may deem most effectual to protect and to enforce the rights aforesaid, or thereby to enjoin any act or thing which may be unlawful or in violation of any right of any Owner of any Bond, or to require the City or the Enterprise to act as if it were the trustee of an expressed trust, or any combination of such remedies. All such proceedings at law or in equity shall be instituted, had and maintained for the equal benefit of all Owners of the Bonds. 2.2 Packet Pg. 55 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -44- Section 1005. Receiver’s Rights and Privileges. Any receiver appointed in any proceedings to protect the rights of such Owners hereunder, the consent to any such appointment being hereby expressly granted by the City and the Enterprise, may enter and may take possession of the System, may operate and maintain the same, may prescribe fees, rates and other charges, and may collect, receive and apply all Gross Pledged Revenues arising after the appointment of such receiver in the same manner as the City itself might do. Section 1006. Rights and Privileges Cumulative. The failure of any Owner of any Outstanding Bond to proceed in any manner herein provided shall not relieve the Enterprise, or any of its officers, agents or employees of any liability for failure to perform or carry out any duty, obligation or other commitment. Each right or privilege of any such Owner (or trustee thereof) is in addition and is cumulative to any other right or privilege, and the exercise of any right or privilege by or on behalf of any Owner shall not be deemed a waiver of any other right or privilege thereof. Section 1007. Duties upon Defaults. Upon the happening of any Event of Default, the Enterprise and the City shall do and perform all proper acts on behalf of and for the Owners of Bonds to protect and to preserve the security created for the payment of the Bonds and to insure the payment of the Debt Service Requirements promptly as the same become due. While any Event of Default exists, except to the extent it may be unlawful to do so, all Gross Pledged Revenues shall be paid into the Bond Fund and into bond or similar funds established for any Parity Bonds then Outstanding, pro rata based upon the aggregate principal amount of the Bonds and Parity Bonds then Outstanding. If the Enterprise or the City fails or refuses to proceed as in this Section provided, the Owner or Owners of not less than 25% in aggregate principal amount of the Bonds then Outstanding, after demand in writing, may proceed to protect and to enforce the rights of the Owners of the Bonds as hereinabove provided, and to that end any such Owners of the Outstanding Bonds shall be subrogated to all rights of the Enterprise and the City under any agreement, lease or other contract involving the System or the Gross Pledged Revenues entered into prior to the effective date of this Ordinance or thereafter while any of the Bonds are Outstanding. ARTICLE XI AMENDMENT OF ORDINANCE Section 1101. Amendment of Ordinance Not Requiring Consent of Bond Owners. The Enterprise may, without the consent of or notice to the Owners of the Bonds, adopt such ordinances supplemental hereto (which amendments shall thereafter form a part hereof) for any one or more or all of the following purposes: A. to add to the covenants and agreements of the Enterprise or the City in this Ordinance contained other covenants and agreements thereafter to be observed; B. to subject to the covenants and agreements of the Enterprise and the City in this Ordinance additional System revenues, to be defined and treated as Gross 2.2 Packet Pg. 56 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -45- Pledged Revenues, for the purpose of providing additional security for the Bonds and any Parity Bonds; C. in connection with the provision of a Reserve Fund Insurance Policy subsequent to the issuance of the Bonds; D. to provide for the appointment of a new Paying Agent; E. to make such provisions for the purpose of curing any ambiguity or of curing or correcting any formal defect or omission in this Ordinance, or in regard to questions arising under this Ordinance, as the Enterprise may deem necessary or desirable, and which shall not materially adversely affect the interests of the Owners of the Bonds; F. in order to preserve or protect the excludability from gross income for federal income tax purposes of the interest allocable to the 2018A Bonds; G. To designate a trustee for the owners of the Bonds, to transfer custody and control of the Gross Pledged Revenues to such trustee, and to provide for the rights and obligations of such trustee; H. To cause this ordinance to comply with the Trust Indenture Act of 1939, as amended from time to time; or I. To effect any such other changes hereto which do not materially adversely affect the interests of the Owners of the Bonds. Section 1102. Amendment of Ordinance Requiring Consent of Bond Owners. Exclusive of the amendatory ordinances covered by Section 1101 hereof, this Ordinance may be amended or modified by ordinances or other instruments duly adopted by the Enterprise, without receipt by it or any additional consideration, but with the written consent of the Owners of a majority in aggregate principal amount of the Bonds then Outstanding at the time of the adoption of such amendatory ordinance, provided that no such amendatory resolution shall permit: A. Changing Payment. A change in the maturity or in the terms of redemption of the principal of any Outstanding Bond or any interest thereon without the consent of the Owner of each Bond adversely affected thereby; or B. Reducing Return. A reduction in the principal amount of any Bond or the rate of interest thereon without the consent of the Owner of each Bond adversely affected thereby; or C. Prior Lien. The creation of a lien upon or a pledge of revenues ranking prior to the lien or to the pledge created by this Ordinance, except as otherwise permitted by this Ordinance, without the consent of the Owners of all Bonds Outstanding; or 2.2 Packet Pg. 57 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -46- D. Modifying Amendment Terms. A reduction of the principal amount or percentages of Bonds, or any modification otherwise affecting the description of Bonds, otherwise changing the consent of the Owners of Bonds, which may be required herein for any amendment hereto, without the consent of the Owners of all Bonds Outstanding; or E. Priorities Among Bonds or Parity Lien Bonds. The establishment of priorities as among Bonds issued and Outstanding under the provisions of this Ordinance or as among the Bonds and other Parity Lien Bonds, without the consent of the Owners of all Bonds Outstanding; or F. Partial Modification. Any modifications otherwise materially and prejudicially affecting the rights or privileges of the Owners of less than all of the Bonds then Outstanding, without the consent of the Owners of all Bonds Outstanding. Whenever the Board proposes to amend or modify this Ordinance under the provisions of this Section 1102, it shall cause notice of the proposed amendment to be mailed to the Owners of all Outstanding Bonds at their addresses as the same last appear on the registration records maintained by the Paying Agent. Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory Ordinance is on file with the Secretary for public inspection. Section 1103. Time for and Consent to Amendment. Whenever at any time within one (1) year from the date of the completion of the notice required to be given by Section 1102 hereof there shall be filed in the office of the Secretary an instrument or instruments executed by the Owners of at least a majority in aggregate principal amount of the Bonds then Outstanding, which instrument or instruments shall refer to the proposed amendatory ordinance or other instrument described in such notice and shall specifically consent to and approve the adoption of such ordinance or other instrument, thereupon, but not otherwise, the Board may adopt such amendatory ordinance or instrument and such ordinance or instrument shall become effective. If the Owners of at least a majority in aggregate principal amount of the Bonds then Outstanding, at the time of the adoption of such amendatory ordinance or instrument, or the predecessors in title of such Owners, shall have consented to and approved the adoption thereof as herein provided, no Owner of any Bond whether or not such Owner shall have consented to or shall have revoked any consent as herein provided shall have any right or interest to object to the adoption of such amendatory ordinance or other instrument or to object to any of the terms or provisions therein contained or to the operation thereof or to enjoin or restrain the City from taking any action pursuant to the provisions thereof. Any consent given by the Owner of a Bond pursuant to the provisions thereof shall be irrevocable for a period of six (6) months from the date of the completion of the notice above provided for and shall be conclusive and binding upon all future Owners of the same Bond during such period. Such consent may be revoked at any time after six (6) months from the completion of such notice, by the Owner who gave such consent or by a successor in title, by filing notice of such revocation with the Secretary, but such revocation shall not be effective if the Owners of a majority in aggregate principal amount of the Bonds Outstanding as herein provided, prior to the attempted revocation, shall have consented to and approved the amendatory instrument referred to in such revocation. 2.2 Packet Pg. 58 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -47- Section 1104. Unanimous Consent. Notwithstanding anything in the foregoing provisions contained, the terms and the provisions of this Ordinance, or of any ordinance or instrument amendatory thereof, and the rights and the obligations of the City, the Enterprise and the Owners of the Bonds may be modified or amended in any respect upon the adoption by the Council and upon the filing with the Secretary of an instrument to that effect and with the consent of the Owners of all the then Outstanding Bonds, such consent to be given in the manner provided herein Section 1103 hereof; and no notice to Owners of Bonds shall be required as provided in Section 1102 hereof, nor shall the time of consent be limited except as may be provided in such consent. Section 1105. Exclusion of Bonds. At the time of any consent or of other action taken hereunder the Enterprise shall furnish to the Secretary a certificate, upon which the Secretary may rely, describing all Bonds to be excluded for the purpose of consent or of other action or any calculation of Outstanding Bonds provided for hereunder, and, with respect to such excluded Bonds, the Enterprise shall not be entitled or required with respect to such Bonds to give or obtain any consent or to take any other action provided for hereunder. Section 1106. Notation on Bonds. Any of the Bonds delivered after the effective date of any action taken as provided in Section 1102, or Bonds Outstanding at the effective date of such action, may bear a notation thereon by endorsement or otherwise in form approved by the Board as to such action; and if any such Bonds so executed and delivered after such date does not bear such notation, then upon demand of the Owner of any Bond Outstanding at such effective date and upon presentation of his Bond for such purpose at the principal office of the City, suitable notation shall be made on such Bond by the Secretary as to any such action. If the Board so determines, new Bonds so modified as in the opinion of the Board to conform to such action shall be prepared, executed and delivered; and upon demand of the Owner of any Bond then Outstanding, shall be exchanged without cost to such Owner for Bonds then Outstanding upon surrender of such Outstanding Bonds. Section 1107. Proof of Instruments and Bonds. The fact and date of execution of any instrument under the provisions of this Article, the amount and number of the Bonds held by any Person executing such instrument, and the date of his or her holding the same may be proved as provided by Section 1301 hereof. Section 1108. Copies of Supplemental Ordinances to Rating Agencies. Copies of any supplemental or amendatory ordinance shall be sent by the Enterprise to the Rating Agencies then maintaining a rating on the Bonds on or prior to the effective date thereof. ARTICLE XII DEFEASANCE Section 1201. Defeasance. When all Debt Service Requirements of the Bonds have been duly paid, the pledge and lien and all obligations hereunder shall thereby be discharged and the Bonds shall no longer be deemed to be Outstanding within the meaning of this Ordinance. There shall be deemed to be such due payment when the Enterprise or the City has placed in escrow or in trust with a Trust Bank, located within 2.2 Packet Pg. 59 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -48- or without the State, moneys or Federal Securities, or both, in an amount sufficient (including the known minimum yield available for such purpose from Federal Securities in which such amount wholly or in part may be initially invested) to pay all Debt Service Requirements of the Bonds as the same become due. The Federal Securities shall become due prior to the respective times at which the proceeds thereof shall be needed, in accordance with a schedule established and agreed upon between the Enterprise or the City and such bank at the time of the creation of the escrow or trust, or the Federal Securities shall be subject to redemption at the option of the Owner thereof to assure such availability as so needed to meet such schedule. Nothing herein shall be construed to prohibit a partial defeasance of the Outstanding Bonds in accordance with the provisions of this Section 1201. In the case of the 2018B Bonds, the Enterprise is obligated to contribute additional securities or monies to the escrow or trust if necessary to provide sufficient amounts to satisfy the payment obligations on the 2018B Bonds. The release of the obligations of the Enterprise under this Section shall be without prejudice to the right of the Paying Agent to be paid reasonable compensation for all services rendered by it hereunder and all its reasonable expenses, charges and other disbursements incurred on or about the administration of and performance of its powers and duties hereunder. Upon compliance with the foregoing provisions of this Section with respect to all Bonds then Outstanding, this Ordinance may be discharged in accordance with the provisions of this Section but the liability of the Enterprise in respect of the Bonds shall continue; provided that the Owners thereof shall thereafter be entitled to payment only out of the moneys or Federal Securities deposited with the Trust Bank as provided in this Section. ARTICLE XIII MISCELLANEOUS Section 1301. Provisions Relating to Bond Insurance. If the Sale Certificate provides that the Bonds will be insured by a Bond Insurance Policy, the following provisions shall apply notwithstanding anything to the contrary in this Ordinance: A. Except as provided in Section 1102, the Bond Insurer is hereby deemed to be the sole holder of the Bonds insured by it for the purpose of exercising any voting right or privilege or giving any consent or direction or taking any other action that the holders of the Bonds insured by it are entitled to take pertaining to defaults and remedies. B. Upon a payment default with respect to the Bonds, the Bond Insurer shall be entitled to appoint a receiver for the Net Pledged Revenues. C. The Bond Insurer is hereby deemed to be a third party beneficiary to this Ordinance. D. The rights of the Bond Insurer to direct or consent to Enterprise or bondholder actions under this Ordinance shall be suspended during any period in which the Bond 2.2 Packet Pg. 60 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -49- Insurer is in default in its payment obligations under the Bond Insurance Policy (except to the extent of amounts previously paid by the Bond Insurer and due and owing to the Bond Insurer) and shall be of no force or effect in the event the Bond Insurance Policy is no longer in effect or the Bond Insurer asserts that the Bond Insurance Policy is not in effect or the Bond Insurer shall have provided written notice that it waives such rights. E. Amounts paid by the Bond Insurer under the Bond Insurance Policy shall not be deemed paid for purposes of this Ordinance and shall remain Outstanding and continue to be due and owing until paid by the Enterprise in accordance with this Ordinance. This Ordinance shall not be discharged unless all amounts due or to become due to the Bond Insurer have been paid in full or duly provided for. F. The Bond Insurer shall, to the extent it makes any payment of principal of or interest on the Bonds, become subrogated to the rights of the recipients of such payments in accordance with the terms of the Bond Insurance Policy. Section 1302. Evidence of Bond Owners. Evidence of any request, consent or other instrument which this Ordinance may require or may permit to be signed and to be executed by the Owners of any Bonds may be in one or more instruments of similar tenor and shall be signed or shall be executed by each such Owner in person or by his or her attorney appointed in writing. Proof of the execution of any such instrument or of an instrument appointing any such attorney, or the holding by any Person of the Bonds shall be sufficient for any purpose of this Ordinance (except as otherwise herein expressly provided) if made in the following manner: A. Proof of Execution. The fact and the date of the execution by any Owner of any Bonds or his or her attorney of such instrument may be established by a certificate, which need not be acknowledged or verified, of an officer of a bank or trust company satisfactory to the President or Treasurer of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he or she purports to act, that the individual signing such request or other instrument acknowledged to him or her the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer; the authority of the individual or individuals executing any such instrument on behalf of a corporate Owner of any securities may be established without further proof if such instrument is signed by an individual purporting to be the president or vice president of such corporation with a corporate seal affixed and attested by an individual purporting to be its secretary or an assistant secretary; and the authority of any Person or Persons executing any such instrument in any fiduciary or representative capacity may be established without further proof if such instrument is signed by a Person or Persons purporting to act in such fiduciary or representative capacity; and B. Proof of Holdings. The amount of Bonds held by any Person and the numbers, date and other identification thereof, together with the date of his or her holding the Bonds, shall be proved by the registration records maintained by the Paying Agent. Section 1303. Business Days. If the date for making any payment or the last date for performance of any act or the exercising of any rights, as provided in this Ordinance, shall not be a Business Day, such payment may be made or act performed or right 2.2 Packet Pg. 61 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -50- exercised on the next succeeding Business Day, with the same force and effect as if done on the nominal date provided in this Ordinance, and no interest shall accrue for the period after such nominal date. Section 1304. Parties Interested Herein. Nothing herein expressed or implied confers any right, remedy or claim upon any Person, other than the Enterprise, the Board, the City, the Council, the Paying Agent, the Owners of the Bonds and the Owners of any Parity Bonds or other securities payable from the Net Pledged Revenues when reference is expressly made thereto. All the covenants, stipulations, promises and agreements herein contained by and on behalf of the Enterprise and the City shall be for the sole and exclusive benefit of the Enterprise, the Board, the City, the Council, the Paying Agent, the Owners of the Bonds and the Owners of any such other securities in the event of such a reference. Section 1305. Repealer. All ordinances, resolutions, bylaws, orders, and other instruments, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance, resolution, bylaw, order, or other instrument, or part thereof, heretofore repealed. Section 1306. Severability. If any section, subsection, paragraph, clause or other provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability thereof shall not affect any of the remaining sections, subsections, paragraphs, clauses or provisions of this Ordinance. Section 1307. Ordinance Irrepealable. This Ordinance is, and shall constitute, a legislative measure of the Enterprise and after any of the Bonds are issued, this Ordinance shall constitute an irrevocable contract between the Enterprise and the Owner or Owners of the Bonds and this Ordinance shall be and shall remain irrepealable until the Bonds, as to all Debt Service Requirements, shall be fully paid, canceled, and discharged, except as herein otherwise provided. Section 1308. Limitation of Actions. Pursuant to Section 11-57-212 of the Supplemental Act, no legal or equitable action brought with respect to any legislative acts or proceedings of the Enterprise in connection with the authorization or issuance of the Bonds, including but not limited to the adoption of this Ordinance, shall be commenced more than thirty days after the authorization of the Bonds. Section 1309. Governing Law. This Ordinance shall be governed by and construed in accordance with the laws of the State of Colorado. 2.2 Packet Pg. 62 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -51- Introduced, considered favorably on first reading and ordered published this 20th day of March, 2018, and to be presented for final passage on April 3, 2018. CITY OF FORT COLLINS, COLORADO, ELECTRIC UTILITY ENTERPRISE By:________________________________ Vice President (ENTERPRISE) ( SEAL ) ATTEST: ______________________________ Secretary Passed and adopted on final reading this 3rd day of April, 2018. CITY OF FORT COLLINS, COLORADO, ELECTRIC UTILITY ENTERPRISE By: ________________________________ President (ENTERPRISE) ( SEAL ) ATTEST: ____________________________________ Secretary 2.2 Packet Pg. 63 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) A-1 EXHIBIT A (FORM OF 2018A Bond) Unless this Bond is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to the Enterprise or its agent for registration of transfer, exchange, or payment, and any Bond issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF LARIMER CITY OF FORT COLLINS, COLORADO, ELECTRIC UTILITY ENTERPRISE TAX-EXEMPT REVENUE BOND SERIES 2018A No. RA- $___________ INTEREST RATE MATURITY DATE DATED AS OF CUSIP ______% December 1, 20__ [Date of Delivery] _________ REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: ______________________________________________ DOLLARS The City of Fort Collins, Colorado, Electric Utility Enterprise (the “Enterprise”), in the County of Larimer and State of Colorado (the “State”), for value received, hereby promises to pay to the registered owner specified above, or registered assigns, upon the presentation and surrender of this bond, solely from the special funds provided therefor, as hereinafter set forth, the principal amount set forth above on the maturity date specified above (unless this bond shall have been called for prior redemption, in which case on the Redemption Date) and to pay solely from such special funds interest hereon at the interest rate per annum specified above, payable semiannually on June 1 and December 1 in each year, beginning on _____ 1, 2018, until the principal amount is paid or payment has been provided for. If upon presentation at maturity or prior redemption payment of the principal sum is not made as provided herein, interest continues at the interest rate until the principal sum is paid in full. 2.2 Packet Pg. 64 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) A-2 This Bond is one of an authorized series of bonds designated as the “City of Fort Collins, Colorado, Electric Utility Enterprise, Tax-Exempt Revenue Bonds, Series 2018A (the “2018A Bonds”) in the aggregate principal amount of $____________ issued under an ordinance adopted on second reading by the Board of Directors of the Enterprise on _______ __, 2018 (the “Ordinance”). The 2018A Bonds are also issued pursuant to the provisions of a Sale Certificate executed in connection therewith (the “Sale Certificate”). The 2018A Bonds are all issued under and equally and ratably secured by and entitled to the security of the Ordinance. To the extent not defined herein, terms used in this Bond shall have the same meanings as set forth in the Ordinance. This Bond bears interest, matures, is payable, is subject to redemption and is transferable as provided in the Ordinance and the Sale Certificate. It is hereby certified, recited, and warranted that the 2018A Bonds are issued under the authority of and in full conformity with the Constitution of the State of Colorado, the home rule charter (the “Charter”) of the City of Fort Collins, Colorado (the “City”), the ordinances of the City establishing the Enterprise and authorizing it to have and exercise certain powers in furtherance of its purposes, Part 2 of Article 57 of Title 11, Colorado Revised Statutes (the “Supplemental Act”), and all other laws of the State of Colorado thereunto enabling and pursuant to the Ordinance duly adopted prior to the issuance of this Bond. Pursuant to the Supplemental Act, the foregoing recital that the 2018A Bonds are issued pursuant to the Supplemental Act shall be conclusive evidence of the validity and regularity of the issuance of the 2018A Bonds after their delivery for value. Concurrently with the issuance of the 2018A Bonds, the Enterprise is issuing its “City of Fort Collins, Colorado, Electric Utility Enterprise, Taxable Revenue Bonds, Series 2018B” in the aggregate principal amount of $__________ (the “2018B Bonds” and together with the 2018A Bonds, the “Bonds”). The Bonds have been duly authorized for the purpose of providing moneys to defray a portion of the cost of extending, bettering or otherwise improving and equipping the System of the City.. Payment of the principal of and interest of the 2018A Bonds shall be made solely from and as security for such payment there are irrevocably (but not exclusively) pledged, pursuant to the Ordinance, revenues derived from the operation and use of and otherwise pertaining to the System after provision is made only for the payment of all necessary and reasonable expenses of the operation and maintenance of the System (such remaining revenues the “Net Pledged Revenues”), sums sufficient to pay when due the principal of and interest of the Bonds and any other Parity Bonds hereafter issued or entered into. Reference is made to the Ordinance and to the Sale Certificate and to all ordinances supplemental thereto, with respect to the nature and extent of the security for the Bonds, the accounts, funds or revenues pledged to the payment of the Bonds, the rights, duties and obligations of the Enterprise, the City and the Paying Agent, the rights of the Owners of the Bonds, the events of defaults and remedies, the circumstances under which any Bond is no longer Outstanding, the 2.2 Packet Pg. 65 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) A-3 issuance of additional bonds and the terms on which such additional bonds may be issued under and secured by the Ordinance, the ability to amend the Ordinance, and to all the provisions of which the Owner hereof by the acceptance of this Bond assents. The 2018A Bonds are issued pursuant to and in full compliance with the Constitution and laws of the State of Colorado, and pursuant to the Ordinance. The 2018A Bonds are special, limited obligations of the Enterprise, secured by the Net Pledged Revenues and certain funds and accounts created under the Ordinance. The 2018A Bonds do not constitute a general obligation debt of the Enterprise, the City, the State or any political subdivision thereof, and neither the Enterprise, the City, the State nor any of the political subdivisions thereof is liable therefor. Neither the members of the Board of Directors of the Enterprise nor any persons executing this Bond shall be personally liable for this Bond. It is certified, recited and warranted that all the requirements of law have been fully complied with by the proper officers of the Enterprise in the issuance of this Bond; that it is issued pursuant to and in strict conformity with the Constitution and laws of the State, and with the Ordinance and any ordinances supplemental thereto; and that this Bond does not contravene any Constitutional, home rule charter or statutory limitation. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Ordinance until the certificate of authentication hereon shall have been duly executed by the Paying Agent. IN WITNESS WHEREOF, the Enterprise has caused this Bond to be signed and executed in its name and upon its behalf with the facsimile signature of its President, has caused the facsimile of the seal of the Enterprise to be affixed hereon and has caused this Bond to be signed, executed and attested with the facsimile signature of its Secretary, all as of the date specified above. CITY OF FORT COLLINS, COLORADO ELECTRIC UTILITY ENTERPRISE By: (Facsimile or Manual Signature)_______ President of the Enterprise (FACSIMILE SEAL) Attest: (Facsimile or Manual Signature) Secretary of the Enterprise 2.2 Packet Pg. 66 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) A-4 CERTIFICATE OF AUTHENTICATION This Bond is issued pursuant to the Ordinance herein described, and this Bond has been duly registered on the registration books kept by the undersigned as registrar for such Bonds. U.S. BANK NATIONAL ASSOCIATION, as paying agent and registrar (Manual Signature) Authorized Signatory Date of Authentication and Registration: __________________ (END OF FORM OF CERTIFICATE OF AUTHENTICATION) 2.2 Packet Pg. 67 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) A-5 (FORM OF ASSIGNMENT) FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto ___________________________ the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints ___________________________ to transfer the within Bond on the records kept for the registration thereof with full power of substitution in the premises. Dated: _________________________ NOTICE: The signature to this assignment must correspond with the name as it appears on the face of the within Bond in every particular, without alteration or enlargement or any change whatever. The signature must be guaranteed by an eligible guarantor institution as defined in 17 CFR § 240.17 Ad-15(a)(2). Signature Guaranteed: Signature must be guaranteed by a member of a Medallion Signature Program. Address of Transferee: Social Security or other tax identification number of transferee: (END OF FORM OF ASSIGNMENT) 2.2 Packet Pg. 68 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) A-6 (FORM OF PREPAYMENT PANEL) PREPAYMENT PANEL The following installments of principal (or portions thereof) of this Bond have been prepaid in accordance with the terms of the Ordinance. Signature of Authorized Date of Principal Representative Prepayment Prepaid of DTC (END OF FORM OF PREPAYMENT PANEL) (END OF FORM OF 2018A Bond) 2.2 Packet Pg. 69 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) A-7 2.2 Packet Pg. 70 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) 1 40060381.v4 EXHIBIT B (FORM OF 2018B Bond) Unless this Bond is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to the Enterprise or its agent for registration of transfer, exchange, or payment, and any Bond issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF LARIMER CITY OF FORT COLLINS, COLORADO, ELECTRIC UTILITY ENTERPRISE TAXABLE REVENUE BOND SERIES 2018B No. RB- $___________ INTEREST RATE MATURITY DATE DATED AS OF CUSIP ______% December 1, 20__ [Date of Delivery] _________ REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: ______________________________________________ DOLLARS The City of Fort Collins, Colorado, Electric Utility Enterprise (the “Enterprise”), in the County of Larimer and State of Colorado (the “State”), for value received, hereby promises to pay to the registered owner specified above, or registered assigns, upon the presentation and surrender of this bond, solely from the special funds provided therefor, as hereinafter set forth, the principal amount set forth above on the maturity date specified above (unless this bond shall have been called for prior redemption, in which case on the Redemption Date) and to pay solely from such special funds interest hereon at the interest rate per annum specified above, payable semiannually on June 1 and December 1 in each year, beginning on _____ 1, 2018, until the principal amount is paid or payment has been provided for. If upon presentation at maturity or prior redemption payment of the principal sum is not made as provided herein, interest continues at the interest rate until the principal sum is paid in full. This Bond is one of an authorized series of bonds designated as the “City of Fort Collins, Colorado, Electric Utility Enterprise, Taxable Revenue Bonds, Series 2018B (the “2018B Bonds”) in the aggregate principal amount of $____________ issued under an ordinance adopted on second reading by the Board of Directors of the Enterprise on _______ __, 2018 (the 2.2 Packet Pg. 71 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) 2 40060381.v4 “Ordinance”). The 2018B Bonds are also issued pursuant to the provisions of a Sale Certificate executed in connection therewith (the “Sale Certificate”). The 2018B Bonds are all issued under and equally and ratably secured by and entitled to the security of the Ordinance. To the extent not defined herein, terms used in this Bond shall have the same meanings as set forth in the Ordinance. This Bond bears interest, matures, is payable, is subject to redemption and is transferable as provided in the Ordinance and the Sale Certificate. Interest on this Bond is includable in gross income for federal and Colorado income tax purposes. It is hereby certified, recited, and warranted that the 2018B Bonds are issued under the authority of and in full conformity with the Constitution of the State of Colorado, the home rule charter (the “Charter”) of the City of Fort Collins, Colorado (the “City”), the ordinances of the City establishing the Enterprise and authorizing it to have and exercise certain powers in furtherance of its purposes, Part 2 of Article 57 of Title 11, Colorado Revised Statutes (the “Supplemental Act”), and all other laws of the State of Colorado thereunto enabling and pursuant to the Ordinance duly adopted prior to the issuance of this Bond. Pursuant to the Supplemental Act, the foregoing recital that the 2018B Bonds are issued pursuant to the Supplemental Act shall be conclusive evidence of the validity and regularity of the issuance of the 2018B Bonds after their delivery for value. Concurrently with the issuance of the 2018B Bonds, the Enterprise is issuing its “City of Fort Collins, Colorado, Electric Utility Enterprise, Tax-Exempt Revenue Bonds, Series 2018A” in the aggregate principal amount of $__________ (the “2018A Bonds” and together with the 2018B Bonds, the “Bonds”). The Bonds have been duly authorized for the purpose of providing moneys to defray a portion of the cost of extending, bettering or otherwise improving and equipping the System of the City. Payment of the principal of and interest of the 2018B Bonds shall be made solely from and as security for such payment there are irrevocably (but not exclusively) pledged, pursuant to the Ordinance, revenues derived from the operation and use of and otherwise pertaining to the System, after provision is made only for the payment of all necessary and reasonable expenses of the operation and maintenance of the System (such remaining revenues the “Net Pledged Revenues”), sums sufficient to pay when due the principal of and interest of the Bonds and any other Parity Bonds, heretofore or hereafter issued or entered into. Reference is made to the Ordinance and to the Sale Certificate and to all ordinances supplemental thereto, with respect to the nature and extent of the security for the Bonds, the accounts, funds or revenues pledged to the payment of the Bonds, the rights, duties and obligations of the Enterprise, the City and the Paying Agent, the rights of the Owners of the Bonds, the events of defaults and remedies, the circumstances under which any Bond is no longer Outstanding, the issuance of additional bonds and the terms on which such additional bonds may be issued under and secured by the Ordinance, the ability to amend the Ordinance, and to all the provisions of which the Owner hereof by the acceptance of this Bond assents. 2.2 Packet Pg. 72 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) 3 40060381.v4 The 2018B Bonds are issued pursuant to and in full compliance with the Constitution and laws of the State of Colorado, and pursuant to the Ordinance. The 2018B Bonds are special, limited obligations of the Enterprise, secured by the Net Pledged Revenues and certain funds and accounts created under the Ordinance. The 2018B Bonds do not constitute a general obligation debt of the Enterprise, the City, the State or any political subdivision thereof, and neither the Enterprise, the City, the State nor any of the political subdivisions thereof is liable therefor. Neither the members of the Board of Directors of the Enterprise nor any persons executing this Bond shall be personally liable for this Bond. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Ordinance until the certificate of authentication hereon shall have been duly executed by the Paying Agent. It is certified, recited and warranted that all the requirements of law have been fully complied with by the proper officers of the Enterprise in the issuance of this Bond; that it is issued pursuant to and in strict conformity with the Constitution and laws of the State, and with the Ordinance and any ordinances supplemental thereto; and that this Bond does not contravene any Constitutional, home rule charter or statutory limitation. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Ordinance until the certificate of authentication hereon shall have been duly executed by the Paying Agent. 2.2 Packet Pg. 73 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) 4 40060381.v4 IN WITNESS WHEREOF, the Enterprise has caused this Bond to be signed and executed in its name and upon its behalf with the facsimile signature of its President, has caused the facsimile of the seal of the Enterprise to be affixed hereon and has caused this Bond to be signed, executed and attested with the facsimile signature of its Secretary, all as of the date specified above. CITY OF FORT COLLINS, COLORADO ELECTRIC UTILITY ENTERPRISE By: (Facsimile or Manual Signature)_______ President of the Enterprise (FACSIMILE SEAL) Attest: (Facsimile or Manual Signature) Secretary of the Enterprise 2.2 Packet Pg. 74 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) 5 40060381.v4 CERTIFICATE OF AUTHENTICATION This Bond is issued pursuant to the Ordinance herein described, and this Bond has been duly registered on the registration books kept by the undersigned as registrar for such Bonds. U.S. BANK NATIONAL ASSOCIATION, as paying agent and registrar (Manual Signature) Authorized Signatory Date of Authentication and Registration: __________________ (END OF FORM OF CERTIFICATE OF AUTHENTICATION) 2.2 Packet Pg. 75 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) 6 40060381.v4 (FORM OF ASSIGNMENT) FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto ___________________________ the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints ___________________________ to transfer the within Bond on the records kept for the registration thereof with full power of substitution in the premises. Dated: _________________________ NOTICE: The signature to this assignment must correspond with the name as it appears on the face of the within Bond in every particular, without alteration or enlargement or any change whatever. The signature must be guaranteed by an eligible guarantor institution as defined in 17 CFR § 240.17 Ad-15(a)(2). Signature Guaranteed: Signature must be guaranteed by a member of a Medallion Signature Program. Address of Transferee: Social Security or other tax identification number of transferee: (END OF FORM OF ASSIGNMENT) 2.2 Packet Pg. 76 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) 7 40060381.v4 (FORM OF PREPAYMENT PANEL) PREPAYMENT PANEL The following installments of principal (or portions thereof) of this Bond have been prepaid in accordance with the terms of the Ordinance. Signature of Authorized Date of Principal Representative Prepayment Prepaid of DTC (END OF FORM OF PREPAYMENT PANEL) (END OF FORM OF 2018B Bond) 2.2 Packet Pg. 77 Attachment: Ordinance No. 003 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -1- ORDINANCE NO. 004 AN ORDINANCE OF THE CITY OF FORT COLLINS, COLORADO, ELECTRIC UTILITY ENTERPRISE AUTHORIZING THE DEFEASANCE OF THE ENTERPRISE’S TAXABLE REVENUE BONDS (DIRECT PAY QUALIFIED ENERGY CONSERVATION BONDS), SERIES 2010B. WHEREAS, the City of Fort Collins, Colorado (the “City”) is a duly organized and existing home rule municipality of the State of Colorado, created and operating pursuant to Article XX of the Constitution of the State of Colorado and the home rule charter of the City (the “Charter”); and WHEREAS, the members of the City Council of the City (the “Council”) have been duly elected or appointed and qualified; and WHEREAS, Section 19.3(b) of Charter Article V provides that the Council may, by ordinance, establish its electric utility as an enterprise of the City; and WHEREAS, the Council has heretofore established the City’s Electric Utility as an enterprise of the City (the “Enterprise”) pursuant to Charter Article V, Section 19.3(b), Ordinance No. 60, 1993 and Ordinance No. 38, 2010; and WHEREAS, pursuant to Ordinance No. 011, 2018, the City Council has amended the City Code to implement the authority granted in Section 7 of Article XII of the Charter and has authorized the Enterprise to acquire, construct, provide, fund, and contract for telecommunication facilities and services in the City, and to take such other actions as may be necessary for the proper administration of said facilities and services; and WHEREAS, Ordinance No. 60, 1993, Ordinance No. 38, 2010, and Ordinance No. 011, 2018 shall be collectively referred to herein as the “Enterprise Ordinances” and WHEREAS, pursuant to the Charter and the Enterprise Ordinances, the Council has authorized the Enterprise, by and through the Council, sitting as the board of the Enterprise (the “Board”), to issue revenue and refunding securities and other debt obligations in the manner and to the full extent authorized in Section 7(b) of Charter Article XII and in Code Section 26-392 to fund the Enterprise’s provision of telecommunication facilities and services; and WHEREAS, Charter Article V, Section 19.3(b) provides that the ordinance issuing any such revenue bonds or other obligations of the Enterprise shall be adopted in the same manner and shall be subject to referendum to the same extent as ordinances of the Council; and WHEREAS, the Board proposes to extend, better, otherwise improve and equip the electrical utility system (the “System”) to provide directly or indirectly telecommunication facilities and services, including high-speed broadband Internet facilities and service in the City (the “Project”); and WHEREAS, the Enterprise intends to issue its “City of Fort Collins, Colorado, Electric Utility Enterprise, Tax-Exempt Revenue Bonds, Series 2018A” and its “City of Fort Collins, 2.3 Packet Pg. 78 Attachment: Ordinance No. 004 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -2- Colorado, Electric Utility Enterprise, Taxable Revenue Bonds, Series 2018B” (collectively, the “2018 Bonds”) to defray in part the cost of the Project; and WHEREAS, pursuant to Ordinance No. 001, 2010 (the “2010B Bond Ordinance”), the Board previously authorized the issuance of the City of Fort Collins, Colorado, Electric Utility Enterprise, Tax-Exempt Revenue Bonds, Series 2010A in the aggregate principal amount of $9,675,000 (the “2010A Bonds”), and its City of Fort Collins, Colorado, Electric Utility Enterprise, Taxable Revenue Bonds (Direct Pay Qualified Energy Conservation Bonds), Series 2010B in the aggregate principal amount of $6,410,000 (the “2010B Bonds”) to finance various improvements to the System; and WHEREAS, the 2010A Bonds have been fully paid in accordance with their terms and are no longer outstanding; and WHEREAS, the 2010B Bonds are currently outstanding in the aggregate principal amount of $5,270,000; and WHEREAS, in connection with the issuance of the 2018 Bonds, the Board has determined and hereby determines that it is in the best interest of the Enterprise to defease the outstanding 2010B Bonds in full prior to the issuance of the 2018 Bonds in order to eliminate certain restrictive contractual provisions contained in the 2010B Bond Ordinance; and WHEREAS, upon such defeasance, the 2010B Bonds will no longer be deemed to be outstanding within the meaning of the 2010B Bond Ordinance; and WHEREAS, the Board has determined that the Enterprise will utilize available moneys of the Enterprise to defease the 2010B Bonds, subject to appropriation by the Council; and WHEREAS, in connection with the defeasance of the 2010B Bonds, the Enterprise will enter into an escrow agreement (the “Escrow Agreement”) with U.S. Bank National Association, as escrow agent; and WHEREAS, the form of the Escrow Agreement is on file with the Enterprise. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF THE CITY OF FORT COLLINS, COLORADO, ELECTRIC UTILITY ENTERPRISE as follows: Section 1. Recitals Incorporated. The foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Board. Section 2. Ratification and Approval of Prior Actions. All actions heretofore taken (not inconsistent with the provisions of this Ordinance) by the Board, the officers, and employees of the Enterprise and otherwise taken by the Enterprise directed toward the defeasance of the 2010B Bonds are ratified, approved, and confirmed. Section 3. Finding of Best Interests; Authorization. The Board hereby finds and determines that the defeasance of the 2010B Bonds with available moneys of the Enterprise in connection with the issuance of the 2018 Bonds is in the best interest of the City and the Enterprise, 2.3 Packet Pg. 79 Attachment: Ordinance No. 004 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -3- and the Board hereby authorizes and approves the same. The President is hereby authorized to determine the date that the 2010B Bonds shall be defeased, provided that such defeasance shall occur prior to the issuance of the 2018 Bonds, and provided further that the Council has appropriated the money necessary to defease the 2010B Bonds. Section 4. Approval of Escrow Agreement. The Board hereby approves the Escrow Agreement in substantially the form of such document on file with the Secretary of the Enterprise, with only such changes therein as are not inconsistent herewith. The President of the Enterprise is hereby authorized and directed to execute the Escrow Agreement and the Secretary is hereby authorized to attest and to affix the seal of the Enterprise to the Escrow Agreement. The Escrow Agreement is to be executed in substantially the form hereinabove approved, provided that such documents may be completed, corrected, or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Ordinance. The execution of the Escrow Agreement by the appropriate officers of the Enterprise herein authorized shall be conclusive evidence of the approval by the Enterprise of the Escrow Agreement in accordance with the terms hereof. Section 5. Other Related Documents. The President and the Secretary and all other appropriate officers or employees of the Enterprise are authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance, including without limiting the generality of the foregoing, executing, attesting, authenticating, and delivering for and on behalf of the Enterprise any and all necessary documents, instruments, or certificates and performing all other acts that they deem necessary or appropriate. The execution of any instrument by the appropriate officers of the Enterprise herein authorized shall be conclusive evidence of the approval by the Enterprise of such instrument in accordance with the terms hereof. Section 6. Repealer. All ordinances, resolutions, bylaws, orders, and other instruments, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance, resolution, bylaw, order, or other instrument, or part thereof, heretofore repealed. Section 7. Severability. If any section, subsection, paragraph, clause or other provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability thereof shall not affect any of the remaining sections, subsections, paragraphs, clauses or provisions of this Ordinance. Section 8. Governing Law. This Ordinance shall be governed by and construed in accordance with the laws of the State of Colorado. 2.3 Packet Pg. 80 Attachment: Ordinance No. 004 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) -4- Introduced, considered favorably on first reading and ordered published this 20th day of March, A.D. 2018, and to be presented for final passage on the 3rd day of April, A.D., 2018. By:________________________________ Vice President ATTEST: ___________________________ Secretary Passed and adopted on final reading this 3rd day of April, A.D., 2018. By: ________________________________ President ATTEST: ___________________________ Secretary 2.3 Packet Pg. 81 Attachment: Ordinance No. 004 (6640 : EE SR 003 004 Electric Utility Enterprise Bonds) 34 MR. MURRAY: I’ll second. 35 CHAIR WALLACE: Okay, something I would like to potentially see added to it is that we cannot 36 determine, at this time, that standard B is fulfilled because we do not have enough information, or we’re 37 basing our decision on the information that we have at hand on the Ghents. So, if we could apply that as 38 well? 39 MS. GENSMER: I’m okay with that. 40 CHAIR WALLACE: Okay. 41 MS. GENSMER: Kevin, as the seconder, are you okay? 42 MR. MURRAY: I’m okay with that. 15.7 Packet Pg. 281 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) 33 you know, automobile things changed. I mean, you used to…if you go downtown, all the cars were 34 inside and you peeped in through little windows, and here you had them all out with big, shiny bright 35 lights outside. And had…I don’t know what…they must have just had a couple Cadillac…or 36 not…Lincolns, on the inside, or something. I don’t know what made it…put the two or three in the 37 showroom and then have all the rest outside. But, I’m sure there was a method to the madness. 15.7 Packet Pg. 276 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) Packet Pg. 273 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal) link into the attachment. CHAIR WALLACE: Great, thank you, Cassie. Does any member of the LPC have any disclosures regarding this item? MS. KRISTIN GENSMER: I was not present at the work session while this was being discussed; however, I have reviewed the audio recording of the discussion and…I suppose of the question period, I should say, and I am prepared to participate. MS. MOLLIE SIMPSON: I was also not here during the work session and did listen to the audio tape and are [sic] prepared as well. CHAIR WALLACE: Great, thank you Kristi and Mollie. Okay, so quickly to note, the LPC’s responsibilities tonight…we are not going to be considering the other two properties that were listed in the background of the section for the item…2627 South College Avenue and 132 West Thunderbird Road, because they were under 50 years of age. We are not going to be considering the economic impact and feasibility of retaining the property as being individually eligible. The LPC is also determining whether it will uphold the previous decision by the Director of Community Development and Neighborhood Services and the LPC Chair, or to overturn it…to uphold or to overturn that decision. And the Commission is also looking at the eligibility of the property at 2602 South College based on the standards that are in accordance with Section 14-5 of the Municipal Code. And, finally, this Commission 39 is not designating the property as a landmark. 40 Okay, so does staff have a report? 15.7 Packet Pg. 258 Attachment: Verbatim Transcript of LPC Hearing (6600 : 2601 S College Appeal)     1IPUPTUBLFOPO/PWFNCFS CZ.FH %VOO5IFTFQIPUPTXFSFOPUBWBJMBCMFGPS UIFEFNPMJUJPOBMUFSBUJPOSFWJFX 3.g Packet Pg. 141 Attachment: 2017-11-02 Carriage Steps (6371 : 2601 S COLLEGE DETERMINATION OF ELIGIBILITY 15.3 Packet Pg. 194 Attachment: Staff Report to the Landmark Preservation Commission (6600 : 2601 S College Appeal)