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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/01/2018 - RESOLUTION 2018-042 AUTHORIZING THE EXECUTION OF AAgenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY May 1, 2018 City Council STAFF Brad Buckman, Special Projects Engineer Chad Crager, Director of Infrastructure Services Judy Schmidt, Legal SUBJECT Resolution 2018-042 Authorizing the Execution of an Intergovernmental Agreement Between the City of Fort Collins and the Downtown Development Authority Regarding the Renovation and Redevelopment of Old Firehouse Alley/Seckner Alley and West Mountain Alley. EXECUTIVE SUMMARY The purpose of this item is to request Council approval for an Intergovernmental Agreement (IGA) between the City of Fort Collins and the Downtown Development Authority (DDA) for renovation and redevelopment of Old Firehouse Alley/Seckner Alley and West Mountain Alley. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This IGA is the third such IGA for these kinds of enhancements pursuant to a Master Plan. On January 10, 2008, the Board or Directors of the DDA commissioned Russell+Mills Studios to prepare a Master Plan for Downtown Alleys and Integrated Walkways for the redevelopment of designated alleys within the boundaries of the DDA. The purpose of the Master Plan was to propose improvements to certain alleyways located in or adjacent to the DDA’s boundaries to address deterioration, safety, parking, incompatibility of modes of travel and trash collection practices. On May 18, 2010, Council adopted Resolution 2010-027 authorizing the City Manager to execute the IGA agreement by and between the City and the DDA relating to the construction, operation, and maintenance of the Montezuma Fuller Alley and Old Firehouse Alley improvements. On February 1, 2011, Council adopted Resolution 2011-006 authorizing the City Manager to execute a separate IGA with the DDA relating to the construction, operation, and maintenance of the West Myrtle Alley. In 2014, the City and the DDA negotiated and agreed upon an “Intergovernmental Agreement Regarding Maintenance of Certain Downtown Alleys” (the Maintenance IGA), under which the DDA pays the City to perform certain maintenance services within the alleys redeveloped under the 2010 IGA and the 2011 IGA. Upon completion of the alley redevelopment envisioned under this IGA, the City and the DDA intend to execute a new IGA superseding the Maintenance IGA which will include the alleys to be redeveloped under this IGA. The Old Firehouse Alley/Seckner Alley (Attachment 1) and the West Mountain Alley (Attachment 2) need substantial renovation and redevelopment, and the alley enhancements will provide aesthetic and economic benefits to the area encompassed by the City and the DDA. The City and the DDA have formulated a Basis of Design (Attachment 3) to clarify design expectations for redevelopment of the alleys and future alley enhancement projects in downtown Fort Collins. Overall, the architectural concepts in the Basis of Design are meant to enhance the local character and provide for enhanced pedestrian uses of the alley spaces. Additional Agenda Item 13 Item # 13 Page 2 architectural goals include encouraging additional outdoor uses, inspiring redevelopment on adjacent private land, ensuring emergency access where applicable, creating special trash collection strategies for each alley, and implementing shared street models to allow vehicular access, including business deliveries and trash haulers, in a controlled and integrated manner. The alley enhancements for this IGA were designed in accordance with the Basis of Design and current Larimer County Urban Area Street Standards (LCUASS). Additionally, the alley enhancements proposed under this IGA will be awarded through the City’s competitive bidding process and standard contract forms through the City’s Purchasing Department. Once awarded, the contract for construction services for this work shall be between the DDA and the contractor, and shall be constructed in accordance with the Basis of Design, LCUASS, and all applicable City standards and requirements for public rights-of-way. The total project cost is $3,054,230, and $350,000 will be contributed through General Improvement District funds. Anticipated construction timeline is as follows:  City Light and Power, Stormwater, and Private Utility Relocations/Upgrades: April 2, 2018 - July 3, 2018.  DDA Alley Enhancements Project Installations: May 2, 2018 - November 16, 2018. CITY FINANCIAL IMPACTS The total cost for the City is $350,000 in previously appropriated and eligible General Improvement District funds as a contribution toward the cost of the Alley Enhancements. The DDA agrees that it shall expend such funds only on the Alley Enhancements. BOARD / COMMISSION RECOMMENDATION On December 14, 2017, the DDA Board approved the redevelopment of Old Firehouse Alley/Seckner Alley and West Mountain Alley for 2018 execution. On February 21, 2018, the Landmark Preservation Commission approved the alley designs for the Old Firehouse/Seckner Alleys. PUBLIC OUTREACH The DDA has conducted many public outreach events regarding these Alley Enhancements from June 2017 until now. These events include outreach visits to all adjacent businesses, three public open house events to share design concepts, a presentation to the Commission on Disabilities for comment and affirmation of designs, and several other events designed to get comments from the public and adjacent businesses. ATTACHMENTS 1. Old Firehouse Alley and Seckner Alley Map (PDF) 2. West Mountain Alley Map (PDF) 3. Basis of Design (PDF) 4. Downtown Development Authority Board minutes, December 14, 2017 (PDF) 5. Landmark Preservation Commission minutes, February 21, 2018 (PDF) LOCATION MAP N.T.S. LINDEN STREET WALNUT STREET OLD FIREHOUSE ALLEY SECKNER ALLEY ELIZABETH HOTEL Date: 03-09-18 ATTACHMENT 1 DOWNTOWN ALLEWeY ENHWee LOCATION MAP N.T.S. WEST MOUNTAIN ALLEY WEST OAK STREET WEST MOUNTAIN AVENUE SOUTH COLLEGE AVENUE SOUTH MASON STREET Date: 03-09-18 DDA Parking Lot ATTACHMENT 2 2017-07-12_2018 ALLEYS BASIS OF DESIGN 1 TECHNICAL MEMORANDUM Downtown Alley Enhancements West Mountain and Old Fire House Alleys Basis of Design PREPARED FOR: City of Fort Collins PREPARED BY: Keith Meyer/Ditesco Craig Russell/Russell + Mills Studios REVIEWED BY: Todd Dangerfield/DDA DATE: July 12, 2017 Background The purpose of this Basis of Design is to document the design conditions by which the Downtown Alley Enhancements are being designed and constructed. Specifically, this technical memo outlines and highlights the standards which are modified or altered from standard. This memorandum follows on previous basis of design standards set forth in the 2010-2011 West Myrtle Alley Enhancements project. This basis of design follows on that methodology and is specifically written for the 2018 Alley Enhancements which includes West Mountain Alley (bounded by Oak Street, Mountain Avenue and Mason Street) and Old Fire House Alley (bounded by Walnut Street, Linden Street and Chesnut Street). This document further creates a foundation for future alleys contemplated under the Downtown Alley Masterplan published December 1, 2008. The Downtown Alley Enhancements improve public rights of way but use a variety of architectural construction techniques not currently recognized by governing standards such as the Larimer County Urban Area Street Standards (LCUASS). As such, this Basis of Design highlights unique design concepts and outlines special standards to which the alleys are designed and constructed. Finally, this document is a tool for city officials to assist in review and approval of concepts proposed currently outside of recognized standards and to provide the DDA/City design and review teams with a clear understanding of mutual expectations from the outset of the design process. Summary The following design criteria will be used for the Downtown Alley Enhancements. ATTACHMENT 3 DOWNTOWN ALLEY ENHANCEMENTS – BASIS OF DESIGN 2017-07-12_2018 ALLEYS BASIS OF DESIGN 2 Architectural Design Narrative The architectural design for the Downtown Alley Enhancements focuses on themes for each alley improvement area drawing on adjacent land uses and architectural concepts. For example, the alleys nearer to Old Town have a historic theme while alleys closer to Colorado State University draw inspiration from the university setting. Overall, the architectural concepts are meant to enhance the local character and provide for enhanced pedestrian uses of the alley spaces. Additional architectural goals include encouraging additional outdoor uses, inspiring redevelopment on adjacent private land, creative festive spaces using special lighting, ensuring emergency access where applicable, creating special trash collection strategies for each alley and implementing shared street models to allow vehicular access, including business deliveries and trash haulers, in a controlled and integrated manner. TABLE 1 Architectural Design Criteria Item Criteria Value Brick Paving Traffic rated system (Pavestone or equal) Paver bedding Paver anchoring sand Architectural concrete (colored or other) Min. 3-1/8” paver, 7,000 psi ASTM C33 sand – min 1” depth Polymeric Min. 6” thick; 4,000 psi fibermesh (pedestrian use only) Site Furnishings Benches or seating Planter Pots Custom shade structures or screens Bollards Powder Coated Steel or custom concrete Precast Concrete w/ irrigation capability Powder Coated Steel, Cor-Ten or Carbon Steel Steel or Cast Aluminum with modified mounting detail Landscape Plantings Low water use Grasses, Perennials in beds Annuals in Hanging baskets and Pots None None Trees None Columns Concrete Masonry Block w/ Brick Facing – Robinson Brick or equal Internal masonry block; reinforced with spread footing (IBC 2012 or latest version) Civil Design Narrative DOWNTOWN ALLEY ENHANCEMENTS – BASIS OF DESIGN 2017-07-12_2018 ALLEYS BASIS OF DESIGN 3 Civil Engineering design criteria for the Downtown Alley Enhancements are focused on rehabilitation of existing paved surfaces. The overall intent is to maintain existing traffic loading, paving, drainage and utility conditions to the greatest extent possible. Where applicable, drainage and paving site conditions are being improved to meet architectural design conditions or improve overall operations and maintenance. The civil engineering standards presented below are indicative of urban design retrofit conditions where numerous design constraints exist. TABLE 2 Civil Design Criteria Item Criteria Value Design Speed Vehicular < 20 mph Site Distance Stopping Sight Distance Corner Sight Distance 100-ft 0-ft (all stop condition) Slope Longitudinal Slope Max. grade break without vertical curve Min. vertical curve length Min. cross slope Max. cross slope Max. cross slope for sidewalks (pedestrian use) Min. 0.5%; Max. 4.0% 1% 50-ft 1% 4% 2% where achievable to meet existing site constraints Brick Paving Traffic rated system (Pavestone or equal) Min. 3-1/8” paver, 7,000 psi Brick Paving - Subbase Subbase under paving system if concrete is not used Min. 18” CDOT CL 5 or 6 ABC Concrete Paving Traffic – beneath brick paving system Pedestrian concrete (colored or other) Min. 5” thick, 4,000 psi Min. 6” thick; 4,000 psi fibermesh Structural Concrete Foundation support (light poles, columns, other as needed) Min. 3,500 psi mild reinforcement Drainage Maintain historical drainage patterns New subsurface system (if needed) Detention Water quality Drain Pan Match existing conditions 10 year design storm (developed condition if known) None None. Match existing conditions. 1” per 12” of pan width (as applicable) DOWNTOWN ALLEY ENHANCEMENTS – BASIS OF DESIGN 2017-07-12_2018 ALLEYS BASIS OF DESIGN 4 TABLE 2 Civil Design Criteria Item Criteria Value Traffic Traffic flow and distribution Travel way Maintain existing conditions close alleys to vehicular traffic where applicable Min. 10-ft Utilities Electric bury depth (primary and secondary) Electric vertical separation to other utilities Conduit Storm Drainage Pipe Storm Pipe (shallow bury) Storm bury depth Storm vertical separation to other utilities Sewer Pipe Sewer bury depth Sewer vertical separation Water Pipe Water bury depth Water vertical separation Horizontal separation (all utilities) Dry utilities (private) Xcel Energy Comcast Qwest Other Trench Backfill (all utilities in public right of way) Min. 2-ft Min. 0” SCH 40 per Light and Power standards RCP CL III or IV DIP CL 350 (encased) Min. 1-ft Min. 0” SDR 35 Min. 4.5-ft 18” (encased if over water) DIP CL 350; C900 DR 14 or 18 4.5-ft 18” 0-ft (joint trench conditions) Per private standards Flowfill – 80 psi Electrical Design Narrative The electrical design conditions are unique to each alley improvement largely based upon site considerations such as architectural theme, intensity of use, vehicular conflict conditions, coordination with art and accents with landscape design. Current International Building, Electric and Fire Protection Codes dictate standards for review of the lighting system, control panels and breakers. The electrical systems for each alley are designed to be independent with separate private meters. The overall lighting goal is to provide a unique design that creates a festive, safe and interesting space encouraging increased alley use. TABLE 3 Electrical Design Criteria DOWNTOWN ALLEY ENHANCEMENTS – BASIS OF DESIGN 2017-07-12_2018 ALLEYS BASIS OF DESIGN 5 Item Criteria Value Governing Code National Electric Code (latest edition) National Fire Protection Assoc. (latest edition) None Light Standards Holophane SiteLink Poles; Fixtures vary; all LED Type to be determined based upon architectural theme and conditions Light Partial to Full Cut-off/Vehicle Impact Considerations – Steel or Cast Iron or Aluminum Pedestrian Height – 12’-16’ String Lights Optiled Festival H12 or equal; shatterproof 24” O.C., LED fixtures, Screw-in type,14’ Min Clearance Irrigation Design Narrative The irrigation design standards are derived directly from the City of Fort Collins Parks and Recreation standards. Here, the Parks Department is currently contracted to maintain the alley irrigation system and, as such, the DDA has adopted their internal construction standards. These standards with specific modifications for alley applications are presented below. TABLE 4 Irrigation Design Criteria Item Criteria Value Governing Code National Plumbing Code (latest edition) National Electric Code (NEC – latest edition) None Design Pressure/Flow (3/4” service) 60 psi 10 gpm Distribution Mainline Pipe Lateral Pipe Sleeving Sleeving (across roadways/alleyways) Class 200, SDR 21 SCH 40, pressure class 200 SCH 40 (UV resistant) SCH 80 Controller Hunter or equal ACC-99D (two wire) Control Wire Hunter or equal 14 AWG Backflow Preventer Apollo 40-204 Drip emmitters Rainbird XFD 06-12 (varies) Tap Meter Set City of Fort Collins Utility Standards Meter by City of Fort Collins Utilities Saddle tap with Mueller Corporation valve Current city standard DOWNTOWN ALLEY ENHANCEMENTS – BASIS OF DESIGN 2017-07-12_2018 ALLEYS BASIS OF DESIGN 6 TABLE 4 Irrigation Design Criteria Item Criteria Value Curb Stop Service Line Mueller or Ford City of Fort Collins Utility Standards Current city standard ¾” Type K Copper ATTACHMENT 4 City of Fort Collins Page 6 February 21, 2018 Ms. Wallace proposed a friendly amendment that the Commission cannot determine at this time that Standard B is fulfilled because they do not have enough information and are basing the decision on the information at hand on the Ghents. Ms. Gensmer and Mr. Murray accepted the amendment. The motion passed 6:0 Ms. Wallace confirmed that the Commission has decided to uphold the decision that the property at 2601 South College Avenue is eligible for landmark designation, according to Standards A for Events, Standard C for Design and Construction, as well as upholding six of the seven Aspects of Exterior Integrity and for maintaining Context. Secretary’s Note: The Commission took a short break from 7:23 to 7:34, after which Chair Dunn and Vice Chair Hogestad returned to the meeting. 4. OLD FIREHOUSE AND SECKNER ALLEYS CONCEPTUAL/FINAL DESIGN REVIEW PROJECT DESCRIPTION: The applicant is seeking a report of acceptability from the Landmark Preservation Commission for alterations and improvements to two alleys in the locally designated Old Town Historic District: Old Firehouse Alley and Seckner Alley. APPLICANT: Downtown Development Authority Staff Report Ms. Bzdek presented the staff report. She reviewed the questions the Commission raised during the work session, noting the Applicants are prepared to answer them during their presentation. She reviewed the background, the role of the Commission, the review history, and staff’s findings of fact. Applicant Presentation Todd Dangerfield of the Downtown Development Authority addressed the Commission to introduce the project. Craig Russell gave the Applicant presentation. He discussed the project goals and primary features of the alley off Mountain, and detailed the plans and significant elements for the Old Firehouse and Seckner Alleys. He discussed 3D projection mapping which would create an art interactive component on the alley surface. Additionally, Mr. Russell discussed the elevated vines, noting the Parks Department will be maintaining them and they will be replanted as needed. Public Input None Commission Questions and Discussion Mr. Murray asked about the plate mounting that will allow flexion and expansion. Mr. Russell explained the plate system. Mr. Murray asked about the light system for the Mountain Avenue alley. Mr. Russell replied the Mountain Avenue lighting system is different from Seckner Alley. Mr. Murray asked if the 3D projection system will affect the Linden Street parking lot. Mr. Dangerfield replied he has talked to the owners of Elliot’s and Blue Ocean, and they do not have concerns. Ms. Gensmer asked if the City will remove renegade vines during monthly maintenance. Mr. Dangerfield replied the intent is not to cover the walls, and Mr. Russell noted the vines will be trained onto the structure. Mr. Bello expressed concern about the loss of 18 parking spaces. Mr. Dangerfield discussed the monitoring of car activity, and noted the nearby Civic Center parking is underutilized. Ms. Simpson asked where the bollard between a pedestrian and vehicular zone is located. Mr. Russell replied that is at the entry of Old Firehouse Alley at Linden. Mr. Hogestad asked about the arch form, and expressed concern it may be misleading in terms of differentiating new from old. Mr. Russell replied the goal is to make the form as simple as possible, without having a straight line span across the alley. He stated much of the LPC direction given in 2011 was more about harmony rather than contrast. Landmark Preservation Commission, February 21, 2018 ATTACHMENT 5 City of Fort Collins Page 7 February 21, 2018 Mr. Hogestad stated the Commission has changed some of its views to get away from false historicism. Mr. Russell noted the arch is a modern tube steel; however, alternative forms can be examined. Mr. Dangerfield suggested a change in color could help and discussed the sconces and windows. Ms. Simpson suggested looking at the hanging baskets for a possible redesign. Mr. Russell replied using something similar to the alley across the street is important for consistency; however, it can be examined. Ms. Dorn asked if the planters are removable noting the Old Town Historic District standards direct primary façades, as well as visible rear and side walls, should be highly visible to the public spaces. Mr. Russell replied the planters are not very high and are narrower than what has been used in the past. He stated the height is not necessarily impacting visibility of the structure. Ms. Simpson asked how the trash cans will be addressed. Mr. Dangerfield replied there is a consolidated trash enclosure behind Blue Ocean. Ms. Simpson asked what techniques are being used to prevent vehicle traffic at Walnut Street. Mr. Dangerfield replied removable barrel style bollards will be installed at each end. Mr. Murray expressed concern about vibrations damaging the buildings during the replacement of the sewer line. Mr. Dangerfield replied City Utilities will be doing that work and they have a plan of protection in place. Chair Dunn asked if the sewer is related to the water that runs behind Walrus. Mr. Dangerfield replied an artesian spring runs from the southwest portion of that block and through the alley and parking lot. Commission Deliberation Mr. Hogestad moved that the LPC has all necessary information to move from conceptual to final design on the Old Firehouse and Seckner Alleys. Ms. Gensmer seconded. Mr. Bello asked if this motion, if approved, would allow the project to move to final design. Chair Dunn replied in the affirmative, and stated the final design consideration will occur now if this motion is approved. Ms. Wallace commended the effort at addressing all sides with this project. The motion passed 8:0. Commission Questions and Discussion Chair Dunn asked Mr. Hogestad if he was considering conditions. Mr. Hogestad replied he is confident an appropriate design and interpretive signage will be developed. Ms. McWilliams noted staff could always approve a design change, or bring it back before the Commission if the changes were significant. Mr. Bello questioned why the issue was such a concern during the earlier discussion if the applicant is now being given carte blanche to develop their own design. Mr. Hogestad replied he is confident the applicant can come up with a good alternate design. Mr. Dangerfield and Mr. Russell confirmed they understand the direction and are happy to go through staff with an alternate design. Chair Dunn explained that staff often handles review of minor things, and the Commission can assign that role to staff. Ms. McWilliams explained staff uses the same standards the LPC uses, or that they could opt to use the Design Review Committee. The Commission had a brief discussion about how the project meets the code requirements, having already touched on many of the points in the previous discussion. Mr. Hogestad moved that the Landmark Preservation Commission provide a report of acceptability for the proposed work on Old Firehouse and Seckner Alleys as presented, finding that the proposed work meets the criteria of Chapter 14, Section 14-48 of the Municipal Code, with a stipulation that the design work of the arch and interpretive signage be reviewed either by staff or by the Design Review Subcommittee. Mr. Murray seconded. City of Fort Collins Page 8 February 21, 2018 Ms. Simpson proposed a friendly amendment to include the hanging baskets, the Tivoli light attachments and any other ornamentation that might be confused for historical material. Mr. Hogestad and Mr. Murray accepted the amendment. There was a discussion about whether the stipulations constituted a condition. Ultimately, there was general agreement that the Applicant is capable of looking at the design elements mentioned and implementing acceptable alternatives without a formal condition. Mr. Russell noted much of the ornamentation has been established on the other side of the alley; however, he stated the arch issue is significant enough to make sense to re-examine. Mr. Hogestad clarified the degree of review could range from minimal to intense, with the arches being the big element to re-examine. Mr. Dangerfield offered to come to design review committee with alternatives to design elements of concern. Mr. Yatabe suggested clarification in the motion as to whether the current design is acceptable to the Commission, should the design remain unchanged subsequent to the evaluation of alternative designs by staff or the Design Review Subcommittee. Mr. Hogestad and Mr. Murray accepted a change to the motion to approve the design as is should no alterations me made. The motion passed 7-1, with Bello dissenting. 5. NIX FARM – CONCEPTUAL/FINAL DESIGN REVIEW PROJECT DESCRIPTION: The applicant is seeking a report of acceptability from the Landmark Preservation Commission for alterations to the designated Nix Farm property, which will consist of a proposed 1,200 square-foot expansion of the existing maintenance shop, the construction of a new 5,000 square-foot vehicle/storage garage and outdoor fleet parking area, and a modular building. APPLICANT: City of Fort Collins Staff Report Ms. Bzdek presented the staff report, described the proposed project, and reviewed staff’s findings. Applicant Presentation Steve Steinbicker, Architecture West, provided context for the project and presented the plans for the design. Public Input None Commission Questions and Discussion Mr. Hogestad asked how long the master plan will last. Mark Sears, Natural Areas Manager, replied it should last 50 years and the hope is for the modular building to serve the needs for the next 10 years. Mr. Hogestad discussed the importance of considering articulation and the impact of the utility buildings on the historic structures. Mr. Murray asked about the new landscaping. Mr. Steinbicker replied landscaping on the north side is not being modified; however, the landscaping by the new detention pond and around the east and west sides of the storage yard is being revised. Following a question from Mr. Bello, Mr. Steinbicker clarified which structures were historic. Commission Deliberation Mr. Hogestad moved that the Landmark Preservation Commission waive conceptual review, having adequate information, and move to final review. Ms. Gensmer seconded. The motion passed 8:0. -1- RESOLUTION 2018-042 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY REGARDING THE RENOVATION AND REDEVELOPMENT OF OLD FIREHOUSE ALLEY/SECKNER ALLEY AND WEST MOUNTAIN ALLEY WHEREAS, on January 10, 2008, the Board of Directors of the Downtown Development Authority, a body corporate and politic (the “DDA”), commissioned Russell + Mills Studios (“R+M”) to prepare a Master Plan for Downtown Alleys and Integrated Walkways for the redevelopment of designated alleys within the boundaries of the DDA (the “Master Plan”); and WHEREAS, the purpose of the Master Plan was to propose improvements to certain alleyways located in or adjacent to the DDA’s boundaries to address deterioration, safety, parking, incompatibility of modes of travel and trash collection practices, leading to a more visually pleasing appearance in the alleyways and a “shared street” concept whereby the alleyways would be more conducive to vehicle, pedestrian and bicycle traffic, and provide greater connectivity between Fort Collins Downtown, the Colorado State University campus and the Fort Collins River District; and WHEREAS, on May 18, 2010, the Fort Collins City Council adopted Resolution 2010- 027 authorizing the City Manager to execute the intergovernmental agreement by and between the City and the DDA relating to the construction, operation and maintenance of the Montezuma Fuller Alley and Old Firehouse Alley improvements (the “2010 IGA”); and WHEREAS, on February 1, 2011, the Fort Collins City Council adopted Resolution 2011-006 authorizing the City Manager to execute a separate IGA with the DDA relating to the construction, operation and maintenance of the West Myrtle Alley (the “2011 IGA”); and WHEREAS, in 2014 the DDA and the City negotiated and agreed upon that certain “Intergovernmental Agreement Regarding Maintenance of Certain Downtown Alleys”, under which the DDA pays the City to perform certain maintenance services within the alleys redeveloped under the 2010 IGA and 2011 IGA (the “Maintenance IGA”); and WHEREAS, upon completion of the alley redevelopment envisioned under this IGA, the DDA and the City intend to execute a new intergovernmental agreement superseding the Maintenance IGA which will include the alleys to be redeveloped under this IGA; and WHEREAS, on December 14, 2017, the DDA Board approved the redevelopment of Old Firehouse Alley/Seckner Alley and West Mountain Alley in 2018; and WHEREAS, on May 25, 2017, the DDA Board, commissioned R+M to prepare plans and specifications for renovation of the Alleys, which drawings entitled “Fort Collins Downtown Alleys Enhancements – Old Firehouse Alley/Seckner Alley and West Mountain Alley” and dated -2- March 9, 2018, are on file in the offices of the DDA and with the Engineering Department of the City (the “Construction Plans” or “Alley Enhancements”); and WHEREAS, the City is the owner of the right-of-way within the Alleys (the “ROW”); and WHEREAS, on March 21, 2017, the City adopted the Downtown Plan which supports development of an integrated pedestrian network consisting of alleyways; and WHEREAS, the construction of the Alley Enhancements (the “Alley Enhancement Project”) is consistent with and in furtherance of the Downtown Plan; and WHEREAS, Article II, Section 16 of the City of Fort Collins Charter empowers the City Council, by ordinance and 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, Section 29-1-203 of the Colorado Revised Statutes also provides that governments may cooperate or contract with one another to provide certain services or facilities when such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve; and WHEREAS, Section 1-22 of the City Code, also provides that 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, pursuant to C.R.S. §31-25-808, the DDA has authority to make public improvements which benefit those downtown areas of Fort Collins within its boundaries; WHEREAS, pursuant to C.R.S. §31-25-808, the DDA is empowered to cooperate with the City, to enter into contracts with the City and to make or receive from the City grants, contributions and loans; WHEREAS, the City and the DDA desire to enter into an intergovernmental agreement to memorialize their respective rights and obligations in connection with the Alley Enhancement Project, as well as their long-term obligations relating to the Alley Enhancements; and WHEREAS, the City Council has determined that an intergovernmental agreement with the DDA for completion of the Alley Enhancements is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. -3- Section 2. That the City Manager is hereby authorized to execute the Intergovernmental Agreement Regarding The Renovation And Redevelopment Of Old Firehouse Alley/Seckner Alley And West Mountain Alley substantially in the form attached hereto as Exhibit “A,” with such modifications and additions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or effectuate the purposes set forth herein and not otherwise inconsistent with this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 1st day of May, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk EXHIBIT A