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COUNCIL - COMPLETE AGENDA - 05/05/2020 - REGULAR MEETING
City of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Kristin Stephens, District 4, Mayor Pro Tem City Hall West Susan Gutowsky, District 1 300 LaPorte Avenue Julie Pignataro, District 2 Fort Collins, Colorado Ken Summers, District 3 Ross Cunniff, District 5 Cablecast on FCTV Channel 14 Emily Gorgol, District 6 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney City Manager City Clerk Regular Meeting May 5, 2020 6:00 p.m. (Amended 5/4/2020) Public Participation for Council Meetings Public Participation for this remote Council meeting will be available online or by phone. No one will be allowed to attend in person. View Meeting Agenda Watch the Meeting: Anyone can view the Council meeting live on Channels 14 and 881 or online at www.fcgov.com/fctv. Public Participation (Online): Individuals who wish to address Council via remote public participation can do so through Zoom at https://tinyurl.com/councilmeeting05052020. The link and instructions will also be posted at www.fcgov.com/councilcomments. Individuals participating in the Zoom session should also watch the meeting through that site, and not via FCTV, due to the streaming delay and possible audio interference. The meeting will be available beginning at 5:15 p.m. Tuesday. Participants wanting to ensure their equipment setup is working should join prior to 6:00 p.m. For public comments, the Mayor will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to address Council. In order to participate: • Use a laptop, computer, or internet-enabled smartphone. o Please note that using earphones with a microphone will greatly improve your audio. • You need to have access to the internet. • Join the Zoom meeting by clicking on link above. The meeting room will open at 5:15 p.m. • Keep yourself on muted status. • DO NOT Watch/stream FCTV at the same time City of Fort Collins Page 2 Public Participation (Phone): If you do not have access to the internet, call the City Clerk’s office at (970) 221-6515 no later than 4:00 p.m. on the day of the meeting. • Please indicate that you want to participate in public participation by phone and give your name and phone number. If you get a voicemail message, please leave the same information. • Once you have given this information (in person or by message), a staff person will provide you with the phone number that will allow you access to the Zoom meeting. As listed above, the meeting will be available beginning at 5:15 p.m. Please call in to the meeting prior to 6:00 p.m., if possible. For public comments, the Mayor will ask participants to indicate if you would like to speak at that time – phone participants will need to press *9 to do this. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address Council. Once you join the meeting: • DO NOT Watch/stream FCTV at the same time Documents to Share: If residents wish to speak to a document or presentation, the City Clerk needs to be emailed those materials by 4 p.m. the day of the meeting. Individuals not comfortable or able to access the Zoom platform or able to participate by phone are encouraged to participate by emailing general public comments you may have to CityLeaders@fcgov.com. If you have specific comments on any of the discussion items scheduled, please make that clear in the subject line of the email and send prior to the meeting Tuesday evening. Note: Only individuals who wish to address Council should use the Zoom link or call in by phone. Anyone who wants to watch the meeting, but not address Council, should view the FCTV livestream. View Live Stream Persons wishing to display presentation materials using the City’s display equipment under the Citizen Participation portion of a meeting or during discussion of any Council item must provide any such materials to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2) hours prior to the beginning of the meeting at which the materials are to be presented. NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to election matters must be provided to the City Clerk no later than noon on the day of the meeting at which the item will be considered. See Council Rules of Conduct in Meetings for details. The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221- 6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Proclamations and Presentations 5:45 p.m. The Mayor will share highlights of each proclamation listed below but will not read proclamations in their entirety. A. Proclamation Declaring May 2020 as Historic Preservation Month. B. Proclamation Declaring May 3-9, 2020 as Drinking Water Week. C. Proclamation Declaring May 2020 as Better Speech and Hearing Month. D. Proclamation Declaring May 3-9, 2020 as National Tourism Week. E. Proclamation Declaring May 16, 2020 as Kids to Park Day. City of Fort Collins Page 3 Regular Meeting 6:00 p.m. • PLEDGE OF ALLEGIANCE • CALL MEETING TO ORDER • ROLL CALL • AGENDA REVIEW: CITY MANAGER • City Manager Review of Agenda. • Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items. • PUBLIC COMMENT Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council. • Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes). • All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting). • The presiding officer will determine and announce the length of time allowed for each speaker. • Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk. • A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will beep again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.] • PUBLIC COMMENT FOLLOW-UP City of Fort Collins Page 4 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. If the presiding officer determines that the number of items pulled from the Consent Calendar by citizens is substantial and may impair the Council’s ability to complete the planned agenda, the presiding officer may declare that the following process will be used to simplify consideration of the Citizen-Pulled Consent Items: (1) All citizen-pulled items (to be listed by number) will be considered as a group under the heading “Consideration of Citizen-Pulled Consent Items.” (2) At that time, each citizen wishing to speak will be given a single chance to speak about any and all of the items that have been moved to that part of the agenda. (3) After the citizen comments, any Councilmember may specify items from the list of Citizen-Pulled Consent Items for Council to discuss and vote on individually. Excluding those specified items, Council will then adopt all “Citizen-Pulled Consent Items” as a block, by a single motion, second and vote. (4) Any Citizen-Pulled Consent Items that a Councilmember has asked to be considered individually will then be considered using the regular process for considering discussion items. 1. Consideration and Approval of the Minutes from the April 7, 2020 Regular Council Meeting and the April 14, 2020 Adjourned Council Meeting. The purpose of this item is to approve the minutes from the April 7, 2020 Regular Council meeting and the April 14, 2020, Adjourned Council meeting. 2. Second Reading of Ordinance No. 062, 2020, Appropriating an Unanticipated Charitable Donation to the City from Broadcom Inc. to be Used for COVID-19 Relief. While this item is not critical or urgent in nature as related to the COVID-19 emergency, it is being presented to Council now because it provides funds to be used to mitigate the effects of the emergency. This Ordinance, unanimously adopted on First Reading on April 21, 2020, is to appropriate $100,000 in unanticipated philanthropic revenue in the General Fund for COVID-19 community relief. The intent of the charitable gift, facilitated and secured by City Give, is designated by the donor, Broadcom Inc., to support the critical and expanded needs of essential community services and organizations. It is the donor’s determination the City possesses unique knowledge of urgent community gaps and can serve as a critical gateway as to how monies can be effectively and immediately applied to local emergency relief. Thus, the City will distribute $75,000 of the total gift to three community partners: Neighbor to Neighbor, New Belgium Bar & Restaurant Relief Fund and Poudre School District. The remaining $25,000 will be used to support City efforts across its service areas, departments and programs, to include, without limitation, Adopt-A-Neighbor, Safety & Risk Management, Social City of Fort Collins Page 5 Sustainability and to launch childcare for essential employees, specifically police and other first responders. 3. Second Reading of Ordinance No. 063, 2020 Appropriating Prior Year Reserves for Natural Areas Land Conservation, Legally Required Water Rights Infrastructure and Urgent Trail Construction Not Included in the 2020 Adopted City Budget. This Ordinance, unanimously adopted on First Reading on April 21, 2020, is coming to Council now because the Natural Areas Department is mandated by ballot to conserve land and funds are needed for a real estate closing on June 30 as well as anticipated closings throughout the year. Reappropriations also will support the completion of two infrastructure projects. One is legally required for water rights and the other is critical to prevent stormwater overtopping of Prospect Road. The proposed reappropriation for critical trail work is seasonally dependent and even more urgent given skyrocketing visitation due to the COVID-19 pandemic. This item appropriates $8,770,000 in prior year reserves in the Natural Areas Fund. 4. Second Reading of Ordinance No. 064, 2020, Amending the Code of the City of Fort Collins to Delay the December 31, 2020, Implementation Date for Business and Multi-Family Recycling Requirements Included in the Community Recycling Ordinance. This Ordinance, unanimously adopted on First Reading on April 21, 2020, delays the implementation date of the business and multi-family recycling requirement in the Community Recycling Ordinance from December 31, 2020, to June 30, 2021, due to impacts of the COVID-19 response. 5. First Reading of Ordinance No. 065, 2020, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund for COVID-19 Response and Recovery. This item meets the following priorities for items to be considered by Council during the COVID-19 emergency: (1) urgent items specifically related to COVID-19 activities that are critical in nature and must receive Council consideration as soon as possible; (6) items that relate to funding, operation and business activities that the City must continue despite the current crisis; and (7) items that are required to comply with federal or state legal or other requirements. The purpose of this item is to appropriate unanticipated Community Development Block Grant (CDBG) funding in the amount of $649,203 from the Department of Housing and Urban Development (HUD) to be used for COVID-19 response and recovery. 6. First Reading of Ordinance No. 066, 2020, Appropriating Prior Year Reserves and Authorizing the Transfer of Previously Appropriated Funds in the Light and Power Fund for the 700 Wood Street Remodel Project and Related Art in Public Places. This item is coming to Council because it meets the following Priorities: (5) will directly support a council driven timeline for an operational space for the network operations and engineering staff in Connexion and (6) provides funding for a project that the City must continue despite the current crisis. The requested off-cycle appropriation will provide funds necessary to complete the joint control room and associated 700 Wood Street remodel project for Fort Collins Connexion (Connexion) and Electric Utility/Light & Power (L&P) operations. L&P is requesting an appropriation of $900,000 from uncommitted reserves, which has been included in the Utilities’ financial rate strategy and 2019 Capital Improvement Plan (CIP). Since this appropriation request is for the purpose of capital construction, City Code also requires a $9,000 contribution (1% of the amount being appropriated) to the Art in Public Places (APP) program. This amount is also being requested from uncommitted L&P reserves, bringing the total use of L&P reserves in this request to $909,000. In addition to the appropriation from available reserves, L&P is requesting a transfer of $770,000 in funds previously appropriated for the Substation capital parent account to obtain the remaining funds for the 700 Wood Street remodel project. Council Finance Committee considered and supported this approach on April 20, 2020. City of Fort Collins Page 6 7. First Reading of Ordinance No. 067, 2020 Suspending for Fiscal Years 2021 and 2022 the Biennial Budget Term Required by City Code Section 8-1 and Approving the Temporary Revision of the City’s Budgeting Process for the 2021 and 2022 Budgets. This item is coming to Council because it meets the following Priority: (2) Emergency-related items that are not as urgent but need Council consideration. The purpose of this item is to acknowledge modifications to the City's biennial budgeting process due to the current unknowns of the depth and duration of the COVID-19 Pandemic and impacts to the local economy and City revenue streams. 8. First Reading of Ordinance No. 068, 2020, Designating the Brown-Gooding Property, 425 Mathews Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. This item is coming to Council because it meets Priority 6: Items that relate to funding, operation and business activities that the City must continue despite the current crisis. This property owner has a pending Landmark Rehabilitation Loan for which funds have been requested and obligated but cannot be released without the Landmark designation in place. Delay of this first reading and subsequent second reading would delay construction activity at the property. The purpose of this item is to designate the Brown Gooding Property located at 425 Mathews Street as a Fort Collins Landmark. The owners of this property, Sarah Breseke and Wouter Montfrooij, are initiating this request. The single-family residence and garage are eligible for recognition as a Landmark due to their significance to Fort Collins under Designation Standard 3, Design/Construction and their historic integrity. 9. First Reading of Ordinance No. 069, 2020, Designating the Horsley/Delta Zeta Property, 201 East Elizabeth Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. This item is coming to Council because it meets Priority 6: Items that relate to funding, operation and business activities that the City must continue despite the current crisis. This property owner has a pending Landmark Rehabilitation Loan for which funds have been requested and obligated but cannot be released without the Landmark designation in place. Delay of this first reading and subsequent second reading would delay construction activity at the property. The purpose of this item is to designate the Horsley/Delta Zeta Property, 201 East Elizabeth Street, as a Fort Collins Landmark. The owner of this property, Stephanie Walter, is initiating this request. The property is eligible for recognition as a Landmark due to its significance to Fort Collins under Designation Standards 1. Events, and 3. Design/Construction and its historic integrity. 10. Emergency Ordinance No. 070, 2020 Approving Emergency Rules and Regulations Enacted by the City Manager Pursuant to the Local COVID-19 Emergency. This Item has been amended to add Emergency Regulation 2020-015 The purpose of this item is to approve emergency rules and regulations enacted by the City Manager in response to the COVID-19 emergency. Section 2-671(a)(6)(a) of the City Code provides that emergency rules and regulations must be confirmed at the earliest practical time by the City Council. City of Fort Collins Page 7 This Emergency Ordinance seeks Council’s approval and ratification of all the emergency measures that have been enacted to date. Adoption by ordinance will ensure that each of the regulations is enforceable to the fullest extent of the law. As noted in the updated Emergency Ordinance, the City Manager has determined that the enforcement of violations of Emergency Regulation No. 2020-015 as civil infractions rather than criminal misdemeanors will better serve the purposes of the Regulation and further its effectiveness. Because the Code provides that violations of Emergency Regulations shall be enforced as criminal misdemeanors, a provision expressly authorizing the enforcement of violations of Emergency Regulation No. 2020-015 as civil infractions has also been added to the Ordinance. 11. Resolution 2020-041 Authorizing the Mayor to Execute an Intergovernmental Agreement with Colorado State University for a Community Liaison Specialist. This item is presented to Council because it meets Priority 6 relating to funding, operation and business activities that the City must continue despite the current crisis. The purpose of this item is to renew the Intergovernmental Agreement (IGA) with CSU for the Community Liaison position which has provided crucial connection between City and University staff and resources that enhance the neighborhood livability for both students and long-term residents. 12. Public Hearing and Resolution 2020-042 Amending the Citizen Participation Plan Pursuant to the U.S. Department of Housing and Urban Development Waiver Memorandum Relating to COVID-19 Response Funds. This item is presented to Council because it meets the following priorities: (1) urgent items specifically related to COVID-19 activities that are critical in nature and must receive Council consideration as soon as possible; (6) items that relate to funding, operation and business activities that the City must continue despite the current crisis; and (7) items that are required to comply with federal or state legal or other requirements. The purpose of this item is to amend the Citizen Participation Plan (CPP), a document required by the Department of Housing and Urban Development (HUD) which outlines how the City will receive citizen input related to the use of HUD funded activities. Specifically, this amendment allows for reduced public comment periods and remote public meetings to allow for expedited deployment of HUD disaster and emergency funds, when such regulations are waived by HUD. 13. Resolution 2020-044 Appointing One Board Member Selected by the City to the Boxelder Basin Regional Stormwater Authority Board of Directors and One Board Member Selected by Mutual Agreement of Fort Collins and Larimer County. This item is coming to Council based on Priority (6): Items that relate to funding, operations and business activities. The expiration of a Boardmember term will leave a vacancy if no action is taken. The purpose of this item is for Council to consider making appointments to the Boxelder Basin Regional Stormwater Authority Board prior to its May 2020 meeting. 14. Resolution 2020-045 Authorizing the City Manager to Sign Intergovernmental Agreements with Metropolitan Districts to Provide the City with Contractual Remedies to Enforce a District's Approved Service Plan. This resolution is presented to Council at this time because it facilitates the completion of one step in the City’s process related to already approved service plans to secure one of the City’s enforcement remedies now required in the City’s metropolitan district policy and in these approved service plans. The purpose of this item is to authorize the City Manager to sign intergovernmental agreements with metropolitan districts to provide the City with contractual remedies to enforce a district’s approved service plan. City of Fort Collins Page 8 In February 2019, City Council revised the City’s policy for reviewing the service plans of proposed metropolitan districts to include a provision in the approved service plans that requires the metropolitan districts to enter into an intergovernmental agreement with the City granting the City contractual remedies to enforce the requirements and limitations of the service plan. These contractual remedies are in addition to the statutory remedies the City is already utilizing to enforce service plans. 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. COVID-19 Update (staff: Jim Byrne) • COUNCILMEMBER REPORTS • CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (three minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 15. Consideration of a Motion for Council to Authorize Remote Hearings for the Second Readings of Four Ordinances to Zone Four Previously Approved Annexations. (staff: Rebecca Everette, 5 minute presentation, 10 minute discussion) The purpose of this item is to consider adopting a motion to authorize an exception to Ordinance No. 061, adopted by Council on April 21, 2020, for the following zoning decisions related to the referenced annexations: • Ordinance No. 027, 2020, Assigning zoning for the Soldier Canyon Pump Station Annexation (Second Reading) • Ordinance No. 029, 2020, Assigning zoning for the Timberline-International Annexation No. 1 (Second Reading) City of Fort Collins Page 9 • Ordinance No. 031, 2020, Assigning zoning for the Timberline-International Annexation No. 2 (Second Reading) • Ordinance No. 033, 2020, Assigning zoning for the Timberline-International Annexation No. 3 (Second Reading) Ordinance No. 061, 2020 authorizes certain types of remote meetings for quasi-judicial items but specifically excludes decisions related to zoning. However, it also allows the Council by motion approved by at least five Councilmembers to authorize exceptions to that exclusion. Staff considers these four “in progress” zoning items as pressing and non-controversial, which may warrant an exception to the ordinance. Colorado Revised Statutes Section 31-12-115 requires the zoning of an annexation to be completed within 90 days of the effective date of the annexation ordinance. 16. Exception for Remote Hearing of Hughes Rezoning (staff: Rebecca Everette; 5 minute presentation, 30 minute discussion) This item is presented to Council because it meets the following priorities: (3) Second Reading Ordinances and (4) Items that are substantially complete, have completed significant public process, and are ready for Council consideration. These items are being brought forward to help ensure that work does not have to be redone and can continue to move forward. The purpose of this item is to consider an exception to Ordinance No. 061, 2020, adopted by Council on April 21, 2020, to allow the Second Reading of Ordinance No. 138, 2019, regarding rezoning the property included in the Hughes Stadium Annexation to proceed. Council adopted on First Reading the Hughes Stadium property rezoning ordinance on a 4-3 vote on November 5, 2019 (Nays: Cunniff, Gutowsky, Pignataro). Ordinance No. 061, 2020, authorizes certain types of remote meetings for quasi-judicial items but specifically excludes decisions related to zoning. However, it also allows the Council by motion approved by at least five Councilmembers to authorize exceptions to that exclusion. In order for Council to authorize the remote hearing of this rezoning, Council must find that hearing the rezoning is pressing and requires prompt action and that the technology will provide for sufficient public participation and input. • CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS • OTHER BUSINESS A. Consideration of a motion to adjourn the City Council meeting to conduct the Electric Utility Enterprise Board meeting then return to the regular City Council meeting. “I move that Council temporarily adjourn this regular meeting to conduct the Electric Utility Enterprise Board meeting, to be resumed later this evening upon the completion of that Enterprise Board meeting.” B. Consideration of a motion to enter into an executive session to discuss water service issues and potential water supply agreements related to the Montava development. “I move that the City Council go into executive session for the purpose of meeting with the City’s attorneys and City management staff to discuss the following matters as permitted under City Charter Article II, Section 11(2), City Code Section 2-31(a)(2) and Colorado Revised Statutes Section 24-6-402(4)(b): 1. Specific legal questions related to potential litigation regarding water utility service arrangements with East Larimer County Water District and the Montava development; and 2. The manner in which the particular policies, practices or regulations of the City related to water utility service arrangements with East Larimer County Water District and the Montava development may be affected by existing or proposed provisions of federal, state or local law.” City of Fort Collins Page 10 C. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers. (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.) • ADJOURNMENT A. Consideration of a motion to adjourn to 6:00 p.m., Tuesday, May 12, 2020. “I move that Council adjourn this meeting to 6:00 p.m. on Tuesday, May 12, 2020, for a possible executive session and to consider such other business as may come before the Council.” 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, historic preservation forms the keystone of a viable and sustainable city, by preserving our sense of place, strengthening our economy, and renewing our existing resources; and WHEREAS, it is important to recognize and celebrate Fort Collins’ irreplaceable past, and to preserve the many tangible aspects of our history that have shaped us as a community; and WHEREAS, “Investing in our Future by Preserving our Past” is the theme for Fort Collins’ Historic Preservation Month 2020, to remind us that our historic buildings and resources are essential to the economic, social and environmental wellbeing of our community both present and future; and WHEREAS, the Fort Collins Historic Preservation Division is recognized as a leader both nationally and regionally for its innovative and interdisciplinary approach to preservation of historic resources. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim the month of May 2020 as FORT COLLINS HISTORIC PRESERVATION MONTH and call upon the citizens of Fort Collins to join in recognizing and participating in the preservation of our heritage. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 5th day of May, A.D. 2020. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 11 PROCLAMATION WHEREAS, water is our most valuable natural resource; and WHEREAS, Fort Collins tap water is critical to maintaining public health protection, economic vitality, fire protection, and quality of life; and WHEREAS, for more than 35 years, the American Water Works Association (AWWA) and its members have celebrated Drinking Water Week - a unique opportunity for both water professionals and the communities they serve to join together to recognize the vital role water plays in our daily lives, and WHEREAS, the City works diligently to guarantee that the drinking water leaving the Water Treatment Facility is safe to drink and meets all federal and state standards, and contributes to a successful community through low mortality rates, economic growth and diversity, productivity and public safety; and WHEREAS, we are all stewards of the water infrastructure upon which future generations depend; and WHEREAS, each citizen of Fort Collins is called upon to help protect our source waters from pollution, to practice water conservation, and to get involved in local water issues. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim May 3-9, 2020, as DRINKING WATER WEEK IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 5th day of May, A.D. 2020. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 12 PROCLAMATION WHEREAS, audiologists in Fort Collins, Colorado, observe and celebrate Better Hearing Month each year during the month of May; and WHEREAS, Fort Collins City Council recognizes and values the efforts of all who work to eliminate or minimize the isolating effects of communication disorders in the one in five families affected by them; and WHEREAS, our citizens who have overcome communication disabilities through the services of audiologists are now able to lead independent, productive, and fulfilling lives; and WHEREAS, our veterans are returning from service with the main medical complaint of tinnitus and hearing loss as the second most common complaint, and audiologists are diagnosing and helping our veterans; and WHEREAS, Fort Collins is proud and honored to have audiologists offering quality education and health care services to its citizens. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim May 2020 as BETTER HEARING MONTH IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 5th day of May, A.D. 2020. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 13 PROCLAMATION WHEREAS, Fort Collins is a place where partners such as Visit Fort Collins work to ensure our collective economic health and tourism efforts provide a supportive environment that help companies thrive and bring visitors to safely enjoy our beautiful community; and WHEREAS, National Travel and Tourism Week recognizes the hard work and Spirit of Tourism of many in our community who contribute to the long-term economic vitality of Fort Collins; and WHEREAS, the mission of Visit Fort Collins is to lead the region in safely attracting visitors for a diverse set of experiences, facilitating the highest quality visitor experience in order to enhance the area's economy and quality of life for residents; and WHEREAS, tourism attributes 3,801 jobs in Fort Collins, generated $7.7 million dollars in sales tax, and had an overall $274.6 million in economic impact based on a 2017 study; and WHEREAS, as a result, money is being spent in Fort Collins and stays in the community to provide basic City services. NOW THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim the week of May 4, a week in which we celebrate our business community, as NATIONAL TRAVEL AND TOURISM WEEK in Fort Collins in honor of travel, tourism and hospitality related businesses in Fort Collins and their contribution to the quality of life and economy. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 5th day of May, A.D. 2020. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 14 PROCLAMATION WHEREAS, May 16, 2020 is the tenth National Kids to Parks Day, organized and launched by the National Park Trust, held annually on the third Saturday of May; and WHEREAS, National Kids to Parks Day empowers kids and encourages families to get outdoors and visit America’s parks; and WHEREAS, it is important to introduce a new generation to our local and national parks; and WHEREAS, we should encourage children even during the COVID-19 outbreak to lead a more active lifestyle to combat the issues of childhood obesity, diabetes mellitus, and hypertension; and WHEREAS, Kids to Parks Day is open to all children and adults across our community to encourage a large and diverse group of participants; and WHEREAS, Kids to Parks Day will broaden children’s appreciation for nature and the outdoors; and WHEREAS, Fort Collins has 43 neighborhood parks and seven community parks, including the Whitewater Park, the City’s newest park, that all are open for children to run and play. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclamation May 16, 2020 as KIDS TO PARKS DAY and I urge our citizens to take the children in their lives to a neighborhood or community park. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 5th day of May, A.D. 2020. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 15 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY May 5, 2020 City Council STAFF Delynn Coldiron, City Clerk SUBJECT Consideration and Approval of the Minutes from the April 7, 2020 Regular Council Meeting and the April 14, 2020 Adjourned Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the April 7, 2020 Regular Council meeting and the April 14, 2020, Adjourned Council meeting. ATTACHMENTS 1. April 7, 2020 (PDF) 2. April 14, 2020 (PDF) 1 Packet Pg. 16 City of Fort Collins Page 449 April 7, 2020 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM (Due to COVID-19 crisis and state and local orders to stay at home and not gather, all Councilmembers and staff attended the meeting remotely, via teleconference.) • CALL MEETING TO ORDER Mayor Troxell outlined the remoted participation procedures and highlighted the Fair Housing Month Proclamation. • ROLL CALL PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated there is an updated version of the Resolution for Item No. 15, Resolution 2020-036 Approving Emergency Rules and Regulations Enacted by the City Manager Pursuant to the Local Covid-19 Emergency Between March 31 and April 5, 2020. • PUBLIC COMMENT Rory Heath opposed allowing Council the ability to make decisions that are not related to life and death matters during the pandemic. Every moment spent on non-essential decisions is a moment that could be spent developing life-saving ideas. Kevin Cross discussed a petition he sent to Council asking that Council direct City staff to include Broadcom's greenhouse gas emissions directly in the City's greenhouse gas inventory. He read the text of the petition and provided a reminder of the City's declaration of a climate emergency. Mary Grant discussed the use of WebEx for the virtual Council meetings and stated the technology is not properly allowing citizens to be heard. She opposed the use of virtual meetings for the consideration of non-emergency items. • PUBLIC COMMENT FOLLOW-UP Mayor Troxell summarized the citizen comments and discussed the essential nature of City operations. He noted there are a number of ways in which City leaders can be contacted, including by email and cell phone. Councilmember Cunniff agreed Council needs to provide direction to staff related to Mr. Cross' comments regarding Broadcom's greenhouse gas emissions; however, he stated he would withhold any requests to do so until in-person meetings can occur. 1.1 Packet Pg. 17 Attachment: April 7, 2020 (9083 : minutes-4/7, 4/14) April 7, 2020 City of Fort Collins Page 450 Mayor Pro Tem Stephens discussed Mr. Heath's implication that Council is allowing people to die by performing its meetings. She opposed the use of that type of hyperbole, stating it does nothing to further civil dialogue in the community. City Manager Atteberry discussed the ways in which an item can be placed on a Council agenda and stated the Leadership Planning Team and Council are very sensitive to the prioritization of agenda items during this emergency. Councilmember Cunniff requested the City Manager provide a memo summarizing those criteria with respect to the various items it is recommended Council consider. • CONSENT CALENDAR Rory Heath withdrew Item No. 12, Resolution 2020-026 Authorizing an Amendment to the Intergovernmental Agreement With Larimer County, Colorado for the Larimer County Conservation Corps Energy and Water Program, from the Consent Agenda. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ken Summers, District 3 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff 1. Consideration and Approval of the Minutes of the February 25, 2020 Adjourned Council Meeting, the March 3 and March 17, 2020 Regular Council Meetings and the March 20, 2020 Special Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the February 25, 2020 Adjourned Council meeting, the March 3 and March 17, 2020 Regular Council meetings, and the March 20, 2020 Special Council meeting. 2. Second Reading of Ordinance No. 041, 2020, Appropriating Unanticipated Black and Gray Market Marijuana Grant Revenue in the General Fund for Police Services. (Adopted) This Ordinance, unanimously adopted on First Reading on March 3, 2020, appropriates unanticipated grant revenue in the amount of $345,227 from the Colorado Department of Local Affairs in the General Fund to support investigation and prosecution of black-market marijuana activity. 3. Second Reading of Ordinance No. 043, 2020, Adopting Revisions to the Master Street Plan. (Adopted) This Ordinance, unanimously adopted on First Reading on March 3, 2020, amends the Master Street Plan. The Master Street Plan (MSP) map serves as the official source for identification of street alignments and classifications for the City. The map shows both existing and future street locations. Updates to the map are done either through a request from a developer proposal or City initiated, based on changing plans, functions or information. The requests are City-initiated, and include amendments to the street system, add potential roundabout locations to the map, and update the potential railroad grade-separated crossing locations. These requested changes are in addition to the changes approved on January 14, 2020, for Montava. 1.1 Packet Pg. 18 Attachment: April 7, 2020 (9083 : minutes-4/7, 4/14) April 7, 2020 City of Fort Collins Page 451 4. Items Relating to the 15-year Capital for the 2020 Epic Homes Loan Program. (Adopted) A. Second Reading of Ordinance No. 047, 2020, Making a Supplemental Appropriation from the Light & Power Fund to be Expended as Loans to Utility Services Customers Under the Epic Loan Program. B. Second Reading of Ordinance No. 048, 2020, Making a Supplemental Appropriation from Unappropriated Prior Year Reserves in the Light & Power Fund to Make Debt Service Payments Under the Vectra Bank Line of Credit for the Epic Loan Program. These Ordinances, unanimously adopted on First Reading on March 20, 2020, appropriate funds for the Epic Loan Program in 2020 for 15-year loan issuance to Fort Collins Utilities electric customers, and anticipated debt service to third-party capital providers. The Epic Loan Program is part of the Epic Homes comprehensive portfolio for single-family home performance for both owner- and renter- occupied homes. These appropriations will cover 15-year loan agreements adopted on First Reading on March 20 by the Electric Utility Enterprise Board and considered on April 7 for Second Reading and are necessary to formally authorize the disbursement of funds for customer loans. For future years, staff will include loan issuance and debt service as part of the biennial Budgeting for Outcomes process. Contingent upon authorization of the 15-year loan agreements by the Enterprise Board, the 2020 appropriation for 15-year loan issuance is $1,600,000 and the appropriation for debt service is $100,000. 5. First Reading of Ordinance No. 045, 2020, Appropriating Unanticipated Philanthropic Revenue from New Belgium Brewing in the General Fund and Transferring it to the Capital Projects Fund for the Poudre River Reach 4 Feasibility Study. (Adopted) The purpose of this item is to appropriate $10,000 in philanthropic revenue in the General Fund for transfer to the Capital Projects Fund for the Reach 4 Feasibility Study by Park Planning & Development. The intent of the charitable gift, secured and facilitated by City Give, is designated by the donor, New Belgium Brewing, in support of the Reach 4 Feasibility Study. The Reach 4 efforts focus on the feasibility of completing the improvements as called out in the Poudre River Downtown Master Plan. The Plan includes a conceptual site plan and cost estimate for Reach 4, located between the Whitewater Park and Linden Street. Reach 4 is particularly sensitive, as it is a former Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) site. The study will help determine if/how the concept site plan and cost estimate provided in the Master Plan should be adjusted, based on a more robust analysis of the site conditions and preferred outcomes. These efforts will help inform a design and construction offer in the upcoming BFO process. 6. First Reading of Ordinance No. 046, 2020, Appropriating Unanticipated Philanthropic Revenue from Veterans Plaza of Northern Colorado in the General Fund and Transferring it to the Capital Projects Fund for the Veterans Plaza Improvement Project. (Adopted) The purpose of this item is to appropriate $10,752 in philanthropic revenue in the General Fund for transfer to the Capital Projects Fund to be used for improvements at the Veterans Plaza in Spring Canyon Community Park. The charitable gift, facilitated by City Give, was made by Veterans Plaza of Northern Colorado. The charitable funding will underwrite the costs of improvements to construct a new sidewalk from the parking area to Veterans Plaza and provide other site improvements. 7. First Reading of Ordinance No. 051, 2020, Authorizing the Sale of Real Property Located Adjacent to the Utilities Service Center at 700 Wood Street. (Adopted) The purpose of this item is to authorize the sale of City-owned real property located at approximately 525 North Whitcomb Street, adjacent to the City’s Utilities Services Center located at 700 Wood Street. The property is a small offsetting portion of the Utility Service Center development and consists of 1.1 Packet Pg. 19 Attachment: April 7, 2020 (9083 : minutes-4/7, 4/14) April 7, 2020 City of Fort Collins Page 452 1,680 square feet. The buyers are the owners of real property at 525 North Whitcomb Street. The sale price is $6,720 and the proceeds will be placed in the Light and Power Fund. 8. First Reading of Ordinance No. 052, 2020, Authorizing the Conveyance of a Permanent Sanitary Sewer Line Easement and a Temporary Construction Easement on Soaring Vista Natural Area to South Fort Collins Sanitation District. (Adopted) The purpose of this item is to authorize the conveyance of a permanent sanitary sewer line easement and a temporary construction easement to South Fort Collins Sanitation District (SFCSD) on behalf of Interstate Land Holdings, LLC (ILH) on Soaring Vista Natural Area. The proposed easement area aligns with an existing sewer line easement held by South Fort Collins Sanitation District on the west side of the natural area. 9. First Reading of Ordinance No. 055, 2020, Appropriating Prior Year Reserves and Unanticipated Revenue in the General Fund for Cultural Development and Programming Activities, Tourism Programming, and Convention and Visitor Program Services. (Adopted) The purpose of this item is to appropriate $753,709, of which $441,944 is proposed for 2020 Cultural Development and Programming Activities (Fort Fund), $48,198 is proposed for 2020 Tourism Programming (Fort Fund), and $263,567 is proposed for 2020 Convention and Visitors Program activities, from a combination of Unanticipated Revenue (Lodging Tax) and Prior Year Reserves (unspent appropriations) in the General Fund Lodging Tax Reserves. Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and Tourism programming activities. Anticipated revenue is projected through each Budgeting for Outcomes (BFO) cycle and then adjusted annually as needed based on actual collections. Lodging tax revenue collected in 2019 was $376,406 above projected collections. 10. First Reading of Ordinance No. 056, 2020, Making Supplemental Appropriations and a Transfer from the Light & Power Fund to be Expended in Support of the Epic Homes Program. (Adopted) The purpose of this item is to appropriate $118,135 in grant funds from Bloomberg Philanthropies and interest earned on previous grant funds, as part of the Bloomberg Mayor’s Challenge, from the Fort Collins Utilities Light and Power Fund to be expended for the ongoing project management and operations of Epic Homes Program by Utility Services and the Economic Health Office (EHO) and to pay a sub-grant to Colorado State University for indoor environmental quality research. The funds paid to the EHO will be accomplished by a transfer from the Light and Power Fund. The Bloomberg Philanthropies funds come from (1) the 2020 grant installment of $112,000 and (2) $6,135 in interest earned on advanced Bloomberg Philanthropies funds as of December 31, 2019. Based on terms of the Bloomberg grant agreement, all advanced grant funds are subject to accruing interest, with such interest earned being reported on a semi-annual basis, and with such earnings used to further project goals as demonstrated in the agreement among Bloomberg and the City. The City Manager recommends these appropriations and has determined that the funds for them are available and previously unappropriated from the Light and Power Fund and 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 this year. In addition, the City Manager recommends the transfer of the $14,956 from the Light and Power Fund to the General Fund to be expended to cover the EHO’s costs in managing and operating the Epic Homes Program and determined that the purpose for which the funds are to be expended remains unchanged, which purpose is to support the Epic Homes Program. 1.1 Packet Pg. 20 Attachment: April 7, 2020 (9083 : minutes-4/7, 4/14) April 7, 2020 City of Fort Collins Page 453 11. First Reading of Ordinance No. 057, 2020, Amending Section 2-568 of the Code of the City of Fort Collins to Clarify Ethical Rules of Conduct to Address Employee Housing and Purchases from the City. (Adopted) The purpose of this item is to propose a Code change to clarify that the City Charter’s prohibition on City employees purchasing property from the City was not intended to prevent employees from compensating the City for the value of housing that they are required to live in as a condition of employment. This would confirm Council’s expectations related to this issue and to clarify how these kinds of housing arrangements relate to the Charter requirement. 12. Resolution 2020-034 Supporting the Grant Application for a Special Opportunity Open Space Grant from the State Board of the Great Outdoors Colorado Trust Fund for the Laramie Foothills Conservation Project. (Adopted) The purpose of this item is to adopt a resolution supporting the Laramie Foothills Conservation Project and the City and County’s related grant application to the State Board of the Great Outdoors Colorado Trust Fund (GOCO). GOCO is requesting the resolution from grant applicants to ensure that the applicants are willing and able to financially participate if the grant is awarded. 13. Resolution 2020-035 Amending the Schedule and Process Adopted in Resolution 2020-027 Regarding the Recruitment and Selection of a Chief Judge. (Adopted) The purpose of this item is to review and consider the Council Committee’s recommended amendments to the previously adopted plan and target schedule for the recruitment and selection of a Chief Judge. 14. Resolution 2020-036 Approving Emergency Rules and Regulations Enacted by the City Manager Pursuant to the Local Covid-19 Emergency Between March 31 and April 2, 2020. (Adopted) The purpose of this item is to approve emergency rules and regulations enacted by the City Manager between March 31 and April 2, 2020, in response to the COVID-19 emergency. Section 2-671(a)(6)(a) of the City Code provides that the emergency rules and regulations must be confirmed at the earliest practical time by the City Council. This Resolution seeks Council’s approval and ratification of the emergency measures. • END CONSENT • STAFF REPORTS A. COVID-19 Update. (staff: Jim Byrne) Jim Byrne, Director of Emergency Preparedness and Security, discussed the extension of the state's stay-at-home order through April 26 and the Governor's suggestion that people wear masks when outside of the home. Staff has worked with the County Health Department to provide guidance for the City's workforce regarding the wearing of masks. A group has begun sewing masks at the Senior Center with donated materials. Byrne stated the definition of essential businesses is driven by the Larimer County Health Department, not the City. He noted City departments continue to manage their own daily operations and managers and staff are being encouraged to be creative in providing community services at the highest possible level. 1.1 Packet Pg. 21 Attachment: April 7, 2020 (9083 : minutes-4/7, 4/14) April 7, 2020 City of Fort Collins Page 454 Byrne discussed the challenges of the utilization of the Northside Atzlan Center as a shelter. There will be a management model change this week wherein the City staff will have more involvement in day-to-day operations. Byrne asked the community to be patient with City staff and stated staff will be introducing a tool to City leadership to allow departments to adjust up and down the response scale and will help managers see where their personnel and resources are depending on that response. Mayor Troxell commended the work of City staff in the community. Councilmember Pignataro thanked City staff for their work and requested additional information as to guidance related to wearing masks, noting the recommendation seems to be that they are not necessary for neighborhood walks, but are more necessary for trips to the grocery store. Byrne replied that is consistent with the County Health Department recommendations and a good rule of thumb may be to do what would make a neighbor comfortable. Councilmember Pignataro asked about the guidelines for masks for restaurant employees. Byrne replied they may provide some reassurance to customers; however, there can be some health drawbacks to wearing a mask all day, especially in an environment where there is some exertion. He will get a more thorough response from the County Health Department. City Manager Atteberry stated he has asked Tom Gonzales, Larimer County Health Department Director, about the requirements for those preparing food. Mayor Troxell and City Manager Atteberry discussed the fcgov.com/coronavirus website and its resources. Police Chief Jeff Swoboda expressed appreciation for the cooperation of citizens in this time and noted minor reports can be made online. Councilmember Cunniff thanked Police Services employees and asked if officers would be able to assist with enforcing stay-at-home orders if needed. Chief Swoboda replied Police Services is in constant communication with the County Health Department to determine whether there are any needs. Beth Sowder, Director of Social Sustainability, thanked the community partners that have come together to help support homeless individuals. The use agreement for the Northside Atzlan Center shelter is being continued and additional facilities for isolation and quarantine for symptomatic individuals are being examined. Mayor Troxell discussed the importance of the use of the Atzlan Center. Mayor Pro Tem Stephens thanked Sowder for her work. She asked if there is still need for people to volunteer for the Adopt-a-Neighbor program. Sue Schaffer replied the program has been very successful and there are currently around 280 volunteers that have signed up, been background checked and trained, and about 40 people have asked for assistance and have been paired with volunteers. Efforts now are around outreach to communities looking for help. Councilmember Pignataro asked what type of assistance is offered through the program. Schaffer replied basic services such as grocery shopping and picking up prescriptions are offered, as well 1.1 Packet Pg. 22 Attachment: April 7, 2020 (9083 : minutes-4/7, 4/14) April 7, 2020 City of Fort Collins Page 455 as dog walking. The main purpose is to help people with immediate needs. There are also efforts to ensure money is not an issue for people needing food. Mayor Troxell noted a number of resources are available through the United Way of Larimer County and requested a follow-up memo on that topic. SeonAh Kendall, Senior Economic Manager, stated the first small business telephone town hall was held yesterday and the second will be held Thursday, April 9 at 10:00 a.m. She noted the meetings are simulcast in Spanish as well. A one-stop shop focusing on different funding mechanisms is being set up with the Fort Collins Area Chamber of Commerce, Larimer County, the Small Business Development Center, and Weld County. Kendall noted there is a 60-day sales tax deferment in place for qualified businesses submitting sales tax of $2,000 or less. She noted businesses do need to contact the Sales Tax Department to coordinate the deferment. B. Census 2020. (staff: Honore Depew) Honore Depew, Senior Project Manager, stated the census is a constitutionally mandated count of every person living in the United States and has occurred every ten years since 1790. He noted the census can be completed on-line, via mail, or via phone and the process is easy and protected. He also noted there is no citizenship question. Depew stated the census helps distribute trillions of dollars of federal funds every year to help fund things like roads, hospitals, schools, and other public needs. The count also determines political representation. Depew outlined adjustments being made to the census process in light of the COVID-19 outbreak but noted self-reporting is the number one preferred method of response and the deadline has been pushed to August 14. If households have not responded by about May 7, census takers will begin follow-up efforts; however, they will not begin walking through the community until at least the end of May. Depew outlined what the City has been doing to raise awareness about the census and stated about half of Fort Collins households have already completed the census with most responses being provided online. Mayor Troxell asked about the guidance for university students completing the census, particularly given that most have returned home. Depew replied the official date for the census was April 1, 2020; therefore, students who live off campus and have returned home may be counted in a different community. The blocks of students that are counted in student housing should still remain counted as part of Fort Collins. • COUNCILMEMBER REPORTS Mayor Pro Tem Stephens reported on her regular communication with the Poudre Fire Authority Chief regarding the pandemic and stated she is confident fire fighters are doing what they need to be doing to keep themselves and the community safe. She also reported Fort Collins is the recipient of some of the multi-modal option funds from the North Front Range Metropolitan Planning 1.1 Packet Pg. 23 Attachment: April 7, 2020 (9083 : minutes-4/7, 4/14) April 7, 2020 City of Fort Collins Page 456 Organization. The funds will go toward Laporte Avenue improvements, the Power Trail grade- separated crossing, the West Elizabeth Corridor design project, and Transfort bus procurement. Councilmember Gutowsky commented on the census, masks, and physical distancing. She also commented on the decrease in air pollution. Mayor Troxell commented on biweekly meetings with the Larimer County Public Health Director, Tom Gonzales, weekly meetings with Representative Joe Neguse and meetings with Senators Gardner and Bennet. He also discussed meetings with area Mayors regarding community impacts. Mayor Troxell thanked the Councilmembers and City staff for their work. • DISCUSSION ITEMS 15. Postponement of Second Reading of Ordinance No. 044, 2020, Updating the Harmony Corridor Plan for the Gateway Area and the Harmony Corridor Standards and Guidelines to May 19, 2020. (Postponed to May 19, 2020) Staff requests this item be postponed to May 19, 2020 in order to prioritize Council agenda items and in light of the public participation expected for this item. This Ordinance, adopted on First Reading on March 3, 2020, by a vote of 4-2 (Nays: Summers, Troxell; Gorgol absent) amends the Harmony Corridor Plan and the Harmony Corridor Standards and Guidelines by adopting revised Plan polices, standards and guidelines pertaining to the “gateway” area located west of I-25. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to postpone consideration of the Second Reading of Ordinance No. 044, 2020 to May 19, 2020. Mayor Troxell noted the postponement is to allow for more robust public input. RESULT: POSTPONED TO MAY 19, 2020 [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff 16. Resolution 2020-028 Adopting the 2020 Strategic Plan. (Adopted) The purpose of this item is to formally adopt the 2020 strategic plan, consistent with City Council feedback at the February 25, 2020 work session. The adopted plan will guide the 2021 and 2022 Budgeting For Outcomes process. City Manager Atteberry stated the Strategic Plan sets the tone and drives the next 5-year planning process for the City. Tyler Marr, Deputy Internal and Employee Services Director, noted the Strategic Plan is still a keystone document regarding how things are approached moving forward. He discussed the robust community outreach process that was completed in the fall that resulted in the final Plan which is sorted by outcome areas. Within each outcome area are strategic objectives and attached metrics to show how progress will be tracked. 1.1 Packet Pg. 24 Attachment: April 7, 2020 (9083 : minutes-4/7, 4/14) April 7, 2020 City of Fort Collins Page 457 Marr discussed the new focus of resilience both during the pandemic crisis and in recovery after. He noted the strategic objectives will remain a key guiding force in staff funding recommendations for the upcoming altered budgeting process. Councilmember Cunniff thanked staff for its work and stated this item is urgent and necessary because of the implications for the upcoming budget cycle. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt Resolution 2020-028. Mayor Pro Tem Stephens thanked Councilmember Cunniff for his comments and noted the Strategic Plan is important for future planning for the community, including the budget. She highlighted the importance of equity and inclusion, particularly during the pandemic. Mayor Troxell noted the Plan is an important guiding document for the budget. RESULT: ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff 17. Public Hearing and First Reading of Ordinance No. 053, 2020, Amending Chapter 26 of the Code of the City of Fort Collins to Adopt a Water Shortage Action Plan (Previously Known as the Water Supply Shortage Response Plan) and Making Various Related Changes. (Adopted on First Reading) The purpose of this item is to adopt into City Code by reference an updated Water Supply Shortage Response Plan (WSSRP) for Fort Collins Utilities. The updated plan and updates to City Code Section 26-167(a) include: changing the name to the Water Shortage Action Plan (WSAP); adding new sections to the Plan; changes and additions to various restrictions; changes to the structure of the water restriction levels; and changes to the water rate increases during declared water shortages. Mariel Miller, Utilities Senior Operations Specialist, stated the existing water supply shortage response plan has been under review for about a year and a half. She defined a water shortage as the lack of projected supply to meet projected demand, which is often caused by draught but can also be caused by water quality or infrastructure issues. The plan has been in place in Fort Collins since 2002. Miller stated the objective of the review and update is to bring awareness to the community, to identify changes that better the plan, to ultimately be more prepared for the next water shortage, and to improve resiliency. She outlined the public engagement and outreach process that contributed to the plan and stated the current approach to demand management while facing a shortage aligns well with the community's priorities and values; however, some areas needing improvement were identified. Miller discussed rate increases that may be associated with various scenarios. Councilmember Cunniff commended the consideration of moving away from base rate increases to volumetric only which will help people manage their bills as closely as possible to the base rate. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt Ordinance No. 053, 2020, on First Reading. 1.1 Packet Pg. 25 Attachment: April 7, 2020 (9083 : minutes-4/7, 4/14) April 7, 2020 City of Fort Collins Page 458 Mayor Troxell commended the plan and the volumetric rate proposal. Councilmember Cunniff stated this item is urgent as summer is approaching and is the season wherein a fully executed water demand management plan may be needed. Councilmember Gutowsky asked if this has any alignment with the Halligan Reservoir project. Miller replied there is no direct alignment; however, more available storage goes into the supply equation. RESULT: ORDINANCE NO. 053, 2020, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff (Secretary's Note: The Council took a brief recess at this point in the meeting.) 18. Items Relating to Electric Assisted Bicycles on Paved Trails. (Adopted on First Reading) A. First Reading of Ordinance No. 058, 2020, Amending Chapter 23 of the Code of the City of Fort Collins to Allow and Regulate the Use of Electrical Assisted Bicycles on the City’s Paved Trails. B. First Reading of Ordinance No. 059, 2020, Amending the Fort Collins Traffic Code to Allow and Regulate the Use of Electrical Assisted Bicycles on the City’s Paved Trails. The purpose of this item is to present two ordinances for Council consideration to update Fort Collins City and Traffic Code to allow Class 1 and Class 2 e-bikes on City-paved trails. In April 2019, Fort Collins City Council approved a one-year pilot program to allow Class 1 and Class 2 e-bikes on paved trails in Fort Collins. This one-year pilot program began May 1, 2019 and will end April 30, 2020. Data and public input were collected during the pilot program, and staff has found no major issues associated with allowing e-bikes on paved trails at this time. Research and the pilot program indicate e-bikes provide mobility, sustainability, and health benefits, and can help achieve Fort Collins’ Climate Action and transportation goals. In conjunction with the recommendation to continue allowing Class 1 and Class 2 e-bikes on paved trails, staff is also recommending strategies to ensure Fort Collins’ trail system remains a positive and safe experience for all users as use increases, and to address concerns raised during the pilot program. Key takeaways from the pilot program include: • The pilot program did not result in any major safety incidents associated with allowing e-bikes on paved trails. • Public feedback and input from City Boards and Commissions indicated more support for allowing e-bikes on paved trails than opposition, particularly Class 1 e-bikes. • Bicyclist speed observations showed an average bicycle speed of just under 12 miles per hour (total of 1,157 bikes observed). Only 16 e-bikes were observed during the speed assessments with an average speed of 15.63 mph. • E-bike use is increasing though it remains a relatively small percentage of users on the trails today. Trail count data from September showed 1.2% of bicyclists using e-bikes. • Most E-bike owners reported bicycling more and replacing car trips with their e-bike. 1.1 Packet Pg. 26 Attachment: April 7, 2020 (9083 : minutes-4/7, 4/14) April 7, 2020 City of Fort Collins Page 459 City Manager Atteberry stated this item is on the agenda as it has been discussed at length and has been through the public vetting process with boards and commissions. Additionally, it is the end of a pilot period. Tessa Greegor, FC Bikes Program Manager, stated this item allows the City to determine its E- bike regulations prior to the expiration of the one-year pilot program ordinance at the end of April. Staff recommends allowing E-bikes on paved trails based on the results of the pilot program. E- bikes provide a healthy and sustainable mobility solution for the community that can move the City closer to its climate action and transportation goals. Greegor detailed the two proposed ordinances and defined the E-bike classifications that would be allowed. She discussed the pilot program noting it was supported by multiple City boards. Data and feedback on safety, trail experience, and overall perspectives on allowing E-bikes on trails was collected through trail and online surveys as well as through observations and feedback from partner departments. There was clear support for allowing class 1 E-bikes on paved trails across all surveys with the level of support slightly lower for class 2 E-bikes. Greegor noted E-bike use remains a very small percentage of trail use, with just over 1% of cyclists on E-bikes as estimated by trail counts. Staff has provided an alternative path for consideration to just allow class 1 E-bikes on paved trails given the different opinions and levels of support. She outlined plans for the future to limit concerns related to E-bike use on paved trails. Councilmember Cunniff asked about speed enforcement options. Greegor replied one of the challenges with enforcement relates to the capacity to enforce among the ranger staff. The recommended approach has been to focus on education through FC Moves, Natural Areas, and the Parks Department to address some of the behaviors among trail users. John Stokes, Community Services Deputy Director, echoed Greegor's comments stating the focus is on education and outreach and an “authority of the resource” approach to enforcement. He noted many mountain bikers, for example, do a great deal of self-policing. Councilmember Cunniff noted there is also the potential for non-electric assist bikes to have speeding issues and he is skeptical there is not a speed problem that may need to be addressed with enforcement. He requested some options along those lines at some point. City Manager Atteberry replied that issue could be addressed as part of the budget process. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt Ordinance No. 058, 2020, on First Reading. Councilmember Cunniff stated he remains concerned about this issue and the timeline with the end of the pilot project is a reasonable explanation of why this is being considered. He noted three boards recommended only class 1 E-bikes. Councilmember Cunniff made a motion, seconded by Councilmember Gutowsky, to amend the Ordinance to allow only class 1 E-bikes on the City's paved trails. Councilmember Cunniff stated his motion comes from data indicating E-bikes are significantly faster and that pedal-assist bikes are less likely to get to the higher speeds. 1.1 Packet Pg. 27 Attachment: April 7, 2020 (9083 : minutes-4/7, 4/14) April 7, 2020 City of Fort Collins Page 460 Councilmember Pignataro requested staff input regarding the classes of E-bikes. Greegor replied there are a couple popular class 2 E-bikes; however, they are not typically parsed out by class when sold. Anecdotally, around 60% of E-bikes sold in the U.S. are class 1. Councilmember Pignataro stated she would not support the amendment at this time given the staff information. Councilmember Summers agreed with Councilmember Pignataro noting just over 1% of riders are currently riding E-bikes and regular bikes can go well over 20 miles per hour. Monitoring, evaluation, and education will be key and commended the staff efforts to that end. Generally, users of E-bikes are those who physically need the assistance. Councilmember Cunniff assked if people can self-certify they need electric assisted devices with respect to use on the trails. Greegor replied in the affirmative. Councilmember Cunniff stated people who feel they cannot be on trails without an assisted device already have the right to use an assisted device. Councilmember Gutowsky asked if there is a maximum speed limit on trails. Greegor replied there is a courtesy speed limit of 15 miles per hour; however, it is not enforceable. Councilmember Gutowsky asked if class 2 E-bikes can exceed 20 miles per hour. Greegor replied both class 1 and class 2 E-bikes have top speeds of 20 miles per hour in terms of what the assist will provide. She noted speed snapshots showed about a 12 mile per hour average on trails. Councilmember Gutowsky asked about the reasoning certain boards recommended only class 1. Greegor replied some boardmembers felt the throttle on the class 2 E-bikes start a slippery slope of motorized vehicles. There was also a general perception of concern around safety and speed. Mayor Pro Tem Stephens stated there does not seem to be much of a difference between the two classes and she would like everyone to have the opportunity to enjoy the trails regardless of mobility challenges. The pilot period did not seem to result in excessive concerns and neighboring communities and the state have also allowed both classes on trails. The use of E-bikes rather than cars is obviously helpful in other climate goals. She supported the original motion allowing both classes. Councilmember Gutowsky thanked Councilmember Cunniff for bringing up the topic and extending the conversation for clarification. Mayor Troxell stated he would not support the amendment as speed concerns are related to all bicycles. He stated data does not support distinguishing between the two classes. The vote on the amendment was as follows: Yeas: Cunniff. Nays: Gutowsky, Gorgol, Summers, Stephens, Troxell and Pignataro. THE MOTION FAILED. Councilmember Cunniff stated he would not support the motion as the equity and access arguments are not that strong given the expense of E-bikes. He also expressed concern about the speed differential between E-bikes and regular bicycles. He would like to see stronger 1.1 Packet Pg. 28 Attachment: April 7, 2020 (9083 : minutes-4/7, 4/14) April 7, 2020 City of Fort Collins Page 461 recommendations, perhaps even with radar, for certain more dangerous trail segments and stated he would like the multi-use trails to remain so for people of all abilities. Mayor Troxell stated he would support the main motion, but also concurred with Councilmember Cunniff's safety concerns. E-bikes provide recreation and transportation options for more community members. Councilmember Gutowsky stated she would support the motion with the caveat that monitoring occur and negative behaviors are corrected. RESULT: ORDINANCE NO. 058, 2020, ADOPTED ON FIRST READING [6 TO 1] MOVER: Kristin Stephens, District 4 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell NAYS: Cunniff Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt Ordinance No. 059, 2020, on First Reading. Mayor Pro Tem Stephens stated it is important to pay attention to safety issues and she would like to see effective monitoring and education involving bike shops and the cycling community. Councilmember Gutowsky supported incorporating radar speed signs on the trails. Mayor Troxell noted the ultimate objective is to provide safe multi-modal transportation. RESULT: ORDINANCE NO. 059, 2020, ADOPTED ON FIRST READING [6 TO 1] MOVER: Kristin Stephens, District 4 SECONDER: Ken Summers, District 3 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell NAYS: Cunniff 19. Emergency Ordinance No. 060, 2020, Amending and Superseding Emergency Ordinance No. 054, 2020, Enacting Temporary Procedures to Authorize Remote Participation in Meetings to Include Quasi-Judicial Hearings and Related Neighborhood Meetings and Board Meetings as Needed to Complete Essential City Business. (Postponed to April 14, 2020) The purpose of this Emergency Ordinance is to extend authority to conduct remote City Council meetings to quasi-judicial hearings by Council and to City boards and commissions and administrative hearing officers authorized to take quasi-judicial action under the City Code or the Land Use Code. It also authorizes remote neighborhood meetings in the Development Review Process. Finally, the Ordinance also addresses the use of remote participation by boards and commissions in order to complete essential City business. City Attorney Daggett reviewed the criteria for emergency ordinances, noting they are considered immediately necessary, on account of an emergency, to preserve the public property, health, peace, or safety. They require an affirmative vote of at least five Councilmembers, only require one reading rather than two, and go into effect immediately. She noted Council adopted Emergency Ordinance No. 054, 2020 on March 20 which authorized remote participation by Councilmembers 1.1 Packet Pg. 29 Attachment: April 7, 2020 (9083 : minutes-4/7, 4/14) April 7, 2020 City of Fort Collins Page 462 in the way Council is participating this evening; however, it excluded the use of remote meeting for quasi-judicial matters. City Attorney Daggett stated this emergency ordinance would allow not only Council, but boards and commissions and other City decision makers to consider quasi-judicial matters in a remote setting if a finding is made that meeting in person is not prudent due to conditions related to a declared local emergency. She outlined the definition of quasi-judicial matters and discussed procedural due process. City Attorney Daggett outlined additional elements included in this Ordinance that go beyond Ordinance No. 054, 2020, such as allowing neighborhood meetings to take place using remote technology, allowing board and commission meetings in certain instances that may not be quasi- judicial, and certain technology amendments. Rory Heath discussed the difficulties with remote technology and public participation stating his comments were previously misrepresented. He e was not accusing Council of being Nazis; he did not want Council to have a time at the end of this during which it felt it could have done more to save lives. The process in place does not satisfy procedural due process as if even one person is not able to give comments or speak, that is an issue. He expressed concern about comments being missed due to audio cutting out. Mary Grant expressed concern this ordinance would give Council the power to fast-track issues such as the Hughes Stadium rezoning and the Harmony Gateway development at a time when full public participation is not possible. Quasi-judicial business should be tabled until the community can participate and be heard. Council's priority needs to be keeping people safe and opposed adoption of the ordinance. Councilmember Cunniff discussed a proposed amendment and expressed concern about the wording related to quasi-judicial matters. He also expressed concern about the technology, noting people cannot object in real time, for example. He suggested striking quasi-judicial and neighborhood meeting portions and noted there has been no Council debate and no opportunity to discuss the need for this item. It does create the impression Council wants to rush items through the process. Councilmember Pignataro asked what need has come up that put this change in motion. Mayor Troxell replied this is a period of uncertainty with no guaranteed end date and land use is a fundamental function of the City government and its operations. This action would enable these and other quasi-judicial aspects of City government to function. He denied any type of fast tracking and stated the technology is working well. This item would allow for normal operations of key City functions. City Attorney Daggett stated the original emergency ordinance was prepared on a very short timeline and there was an effort at that time to get in place minimum necessary provisions to allow Council to continue functioning. She clarified this ordinance only authorizes those proceedings and does not require them. Councilmember Gutowsky discussed the definition of an emergency ordinance and stated there are equity issues in terms of who can participate in the web-based public comment. 1.1 Packet Pg. 30 Attachment: April 7, 2020 (9083 : minutes-4/7, 4/14) April 7, 2020 City of Fort Collins Page 463 Mayor Troxell asked Tom Leeson, Planning, Development, and Transportation Deputy Director, what types of items would normally go before the Planning and Zoning Board at this time of the year and what types of items are in the immediate pipeline. Leeson replied there are currently six items scheduled for the April Planning and Zoning Board hearing and three items scheduled for the May hearing. He expressed concern the items will begin to stack up. The Zoning Board of Appeals also has four items on the May hearing. Leeson stated development projects have historically been relatively consistent from month to month. Mayor Troxell stated the main point is to not diminish the ability for public comment and input and stated there are always issues with public participation access, whether it be web-based or in person. Councilmember Pignataro asked if there is no opportunity to spread out the Planning and Zoning Board agenda items. Leeson replied many of the projects going to hearing have been in the works for several months, and in many cases, the hearing is the last step. He also noted some projects in the queue, such as affordable housing and childcare projects, have specific funding and timing issues. Councilmember Pignataro requested additional information regarding Councilmember Cunniff's suggested amendment. Councilmember Cunniff discussed his suggested changes. Councilmember Pignataro asked how the ordinance with the changes would differ from the current emergency ordinance in place. Councilmember Cunniff replied this ordinance would retain the ability for boards and commissions to meet to consider urgent non quasi-judicial matters, for example the CDBG Commission. Councilmember Cunniff stated he would prefer staff craft a more narrowly tailored amendment for Council consideration. City Attorney Daggett stated there are quasi-judicial items considered by Council that are not appeals. Mayor Pro Tem Stephens expressed concern about the ordinance as written as the remote participation technology has yet to be perfected. She preferred a more tailored ordinance, though she acknowledged there may be some need for normal business to occur. Councilmember Cunniff suggested the item could be tabled to allow the City Attorney time to contemplate the feedback and tailor an amendment. City Attorney Daggett replied it may be beneficial for staff to develop multiple versions of an ordinance. She stated she has heard concerns specifically about appeals to Council as well as other quasi-judicial decisions. Councilmember Cunniff made a motion, seconded by Councilmember Gutowsky, to postpone consideration of this item to the adjourned meeting of April 14 th , 2020. 1.1 Packet Pg. 31 Attachment: April 7, 2020 (9083 : minutes-4/7, 4/14) April 7, 2020 City of Fort Collins Page 464 RESULT: ORDINANCE NO. 060, 2020 POSTPONED TO APRIL 21, 2020 [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff • CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 20. Resolution 2020-026 Authorizing an Amendment to the Intergovernmental Agreement With Larimer County, Colorado for the Larimer County Conservation Corps Energy and Water Program. (Adopted) The purpose of this item is to seek City Council approval of an amendment to an Intergovernmental Agreement (IGA) between the City of Fort Collins and Larimer County for funding of the Larimer County Conservation Corps (LCCC) Water and Energy Program. The City of Fort Collins Utilities has partnered with the LCCC since 2010 with tremendous success. LCCC crews have supported local resource conservation by providing home efficiency assessments to customers of Fort Collins Utilities and Loveland Water and Power. By the end of the 2019 spring season, LCCC crews assessed over 3,500 homes in Fort Collins and enabled these customers to save on their utility bills. Due to its success, the Program is now part of Utilities Affordability Portfolio and provides a mechanism for low to moderate income customers to control home energy use and costs. Rory Heath withdrew his request to comment on this item. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2020-026. Mayor Pro Tem Stephens noted this is a good news item that aligns with a number of City goals. RESULT: RESOLUTION 2020-026 ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff • OTHER BUSINESS Consideration of a motion to adjourn the City Council meeting to conduct the Electric Utility Enterprise Board meeting then return to the regular City Council meeting. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adjourn the City Council meeting to conduct the Electric Utility Enterprise Board meeting then return to the Council meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff Motion to Extend the Meeting past 10:30 PM Councilmember Cunniff made a motion, seconded by Councilmember Pignataro, to suspend the Council rules to continue the meeting past 10:30 p.m. to consider any items that may come before Council. 1.1 Packet Pg. 32 Attachment: April 7, 2020 (9083 : minutes-4/7, 4/14) April 7, 2020 City of Fort Collins Page 465 RESULT: ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Julie Pignataro, District 2 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff Consideration of a motion to adjourn into executive session relating to broadband issues. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, that City Council go into executive session to consider matters pertaining to issues of competition in providing telecommunication facilities and services including, without limitation, matters subject to negotiation, strategic plan, price, sales and marketing, development phasing and any other matter allowed under Colorado Law, as permitted under Article XX, Section 7(d) of the City Charter and Section 2-31(a)(5) of the City Code. RESULT: ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff (Council went into executive session at this point in the meeting and returned at 11:30 p.m.) Councilmember Summers asked about the possibility of changing tiered utility rates, given the number of people currently working from home. Councilmember Cunniff suggested getting some analysis of Utilities finances and noted there are some concerns about the rate changing to summer hours. Mayor Troxell agreed. Motion to Adjourn to April 14, 2020 Councilmember Cunniff made a motion, seconded by Councilmember Summers, to adjourn to 6:00 PM on April 14, 2020. RESULT: ADOPTED [6 TO 0] MOVER: Ross Cunniff, District 5 SECONDER: Ken Summers, District 3 AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff AWAY: Gutowsky • ADJOURNMENT The meeting adjourned at 11:41 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.1 Packet Pg. 33 Attachment: April 7, 2020 (9083 : minutes-4/7, 4/14) City of Fort Collins Page 466 April 14, 2020 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting – 6:00 PM (Due to COVID-19 crisis and state and local orders to stay at home and not gather, all Councilmembers and staff attended the meeting remotely, via teleconference.) • ROLL CALL PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff Staff present: Atteberry, Daggett, Coldiron 1. Items Relating to Remote Participation in Certain Meetings. (Adopted on First Reading) A. Emergency Ordinance No. 060, 2020, Amending and Superseding Emergency Ordinance No. 054, 2020, Enacting Temporary Procedures for Remote Participation in Certain Meetings. Or B. First Reading of Ordinance No. 061, 2020, Amending and Superseding Emergency Ordinance No. 054, 2020, Enacting Temporary Procedures for Remote Participation in Certain Meetings. The purpose of either the Emergency Ordinance or Ordinance No. 061, is to authorize certain types of remote meetings in light of the declared local emergency. As published, both Ordinances allow remotely conducted City Council meetings and certain quasi-judicial hearings by Council, City boards and commissions and administrative hearing officers. The types of quasi-judicial items that can be considered remotely are limited and exclude zoning decisions, appeals and additions of permitted use. The Ordinances also authorize remote neighborhood meetings in the Development Review Process. Finally, the Ordinance also permits remote participation by boards and commissions in order to complete essential City business. To authorize these remote meetings and hearings, Council may choose to adopt the Emergency Ordinance, which goes into effect upon adoption, or alternatively may choose to adopt Ordinance No. 061 on First Reading, which would then be presented for consideration on Second Reading at the next Council meeting and if adopted, would be effective in May. Attachments to the Agenda Item Summary show the revisions needed to: (1) eliminate the authority for any quasi-judicial proceedings or (2) eliminate the authority for any quasi-judicial proceedings or any neighborhood meetings. City Attorney Daggett discussed the specific authority for emergency ordinances as provided in the City Charter. She outlined the previously adopted Emergency Ordinance No. 054, 2020, which has allowed for Council to meet remotely to consider non-quasi-judicial matters. City Attorney Daggett outlined the two alternate ordinances presented for Council consideration. Emergency Ordinance No. 060, 2020 would enact additional ability to have remote hearings and meetings, would allow for certain remote quasi-judicial hearings, but would not allow for remote hearings of appeals of any decisions, initial zonings or rezonings, or addition of permitted use applications. It would also allow neighborhood meetings to be conducted remotely and would allow boards and commissions to meet remotely to carry out essential City business. As with all emergency ordinances, it would only have one reading and would go into effect immediately if approved. The alternate version of the ordinance, Ordinance No. 061, 2020, would do the same 1.2 Packet Pg. 34 Attachment: April 14, 2020 (9083 : minutes-4/7, 4/14) April 14, 2020 City of Fort Collins Page 467 thing, but is a regular ordinance rather than an emergency ordinance; therefore, it would have two readings and would go into effect ten days after second reading, if approved. Tom Leeson, Planning, Development, and Transportation Deputy Director, stated the primary boards that would be affected by these changes would be the quasi-judicial Planning and Zoning Board, Landmark Preservation Commission, Zoning Board of Appeals, Building Review Board, and Type 1 Administrative Hearings. These boards' decisions include the approval, denial, and recommendations for most land use and development projects, historic landmark designations, variances that go before the Zoning Board of Appeals, and contractor licensing issues that go before the Building Review Board. Construction activity and associated business has been deemed an essential service under both the state and county stay-at-home orders and staff believes allowing the quasi-judicial hearings and neighborhood meetings to occur remotely will help to mitigate long-term economic impacts and maintain some predictability for development projects. There are several projects, such as affordable housing and childcare projects, for which the timing of funding is critical. Leeson outlined the items that have been excluded from the proposed ordinances, including appeals of all types, initial zoning and rezoning applications, and addition of permitted use applications. Staff feels confident all standard hearing procedures can be handled remotely and noted there are multiple options for public participation in both hearings and neighborhood meetings. Leeson outlined the agenda items that are pending before the quasi-judicial boards and summarized the two alternate ordinances. Michelle Haefele encouraged Council to adopt an option dealing with items that are only critical to this emergency. She discussed the difficulties in attending meetings virtually and she has received no responses to any of her recent emails. She noted the most marginalized community members do not even have phones to call their representatives and access to public meetings is critical to democracy. Councilmember Cunniff opposed the emergency version of the ordinance, stating items outlined therein are not necessary to protect the public property, health, peace, or safety. While land use decisions are an essential function of the City, the ordinance provides a much broader set of parameters by which some decisions can be carried out. He supported including the language related to the consideration of matters deemed pressing by the Mayor and City Manager, including for the non-quasi-judicial items. He expressed concern about the technology and stated he would like the ordinance to include safeguards related to the board or commission being able to postpone a meeting if it feels the technology is not working properly. He would also like to ensure ways of participation that are not computer-based. Mayor Troxell stated it is essential that the City continue as many processes as possible to keep City functions moving. He noted land use is a critical function of the City and stated neighborhood meetings and board and commission meetings support that critical function. The United States Supreme Court is also moving to a remote platform and all services related to construction, banking, and housing have been deemed critical, therefore requiring support from the City government. An emergency could be in place for quite some time and applicants have rights to have their items addressed through the appropriate processes. 1.2 Packet Pg. 35 Attachment: April 14, 2020 (9083 : minutes-4/7, 4/14) April 14, 2020 City of Fort Collins Page 468 Mayor Troxell asked when it would be deemed appropriate for an emergency ordinance to be lifted. City Attorney Daggett replied the ordinance does call for a determination that it wouldn't be prudent for Council to meet in person; therefore, even if an emergency is still in progress, there may be a point at which it is no longer a concern for Council to meet in person in Council Chambers. She also noted the ordinance is set to only be in effect while there is a local emergency declared. Mayor Pro Tem Stephens thanked Ms. Haefele for her comments and stated public comment is important to the decision-making process. There is no clear end date to this emergency and public comment may not look like it has in the past any time soon. She also noted items in the pipeline include day care centers, affordable housing, and senior housing. She supported ensuring phone access as well as web access. Councilmember Summers supported the language of the ordinance and stated ensuring technology is in place is an administrative function, not a policy function. Online participation may provide opportunities to expand public input. He commended the staff work on the ordinance. Councilmember Pignataro stated she supported Emergency Ordinance No. 054, 2020 because it did not include any quasi-judicial decisions. She would not be comfortable voting for this as an emergency ordinance at this time and expressed concern about the use of a new technology platform for the second reading of a regular ordinance. While she agreed the technology piece is administrative, she stated she does not trust that aspect as the entire platform is changing. She preferred to have a process wherein any quasi-judicial matter would go through its own process to determine whether it should be a remote discussion item. An in-person discussion cannot be replaced. Councilmember Gorgol stated she understands the concerns with quasi-judicial items; however, there are essential items that need to move forward. There are also barriers to in-person Council meetings. She supported moving forward with limited quasi-judicial items as presented in the ordinances. Councilmember Gutowsky expressed concern about the technology issues. She would be more comfortable with the regular ordinance. Mayor Troxell questioned what a fair expectation would be for applicants seeking to be heard for the excepted items such as additions of permitted use and appeals. Councilmember Cunniff stated they could be handled one at a time to determine the level of urgency. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 061, 2020, on First Reading. Mayor Pro Tem Stephens stated she was not necessarily opposed to an emergency ordinance; however, the items may not technically fall within the definition of an emergency ordinance. This will aid in moving some land use decision making forward and agreed that certain quasi-judicial matters could be heard if deemed vital. City Attorney Daggett noted there is currently a provision in the appeals section of the Code that allows the City Manager, in the event of scheduling difficulties, to request an extension of time to 1.2 Packet Pg. 36 Attachment: April 14, 2020 (9083 : minutes-4/7, 4/14) April 14, 2020 City of Fort Collins Page 469 hear the appeal. Additionally, a board would always have the option to postpone an item if it deemed a fair hearing could not be held. She noted the proposed ordinance is written such that the business to be considered by a board or commission is deemed essential. Mayor Troxell asked how items are identified as being essential. City Attorney Daggett replied the process requires the City Manager, or his designee, in consultation with the chair of the board or commission and the Council Liaison to the board or commission, determines that meeting in person would not be prudent and that the business to be conducted is essential. Councilmember Cunniff stated he would support the motion on First Reading but suggested the following changes for Second Reading: reconciling the Council determination and the board and commission determination for non-quasi-judicial items with the same verbiage, such as urgent, pressing, and necessary, including a reference to the fact that a board could postpone consideration of an item if it deems a fair hearing cannot be conducted, and making it mandatory that if technology is breaking down during a quasi-judicial hearing that the hearing be postponed to a date certain when the technology issues can be resolved. Mayor Troxell questioned what Council would like to communicate regarding items that are currently scheduled for appeal hearings. There is an issue of public trust and the City should function under its full land use provisions, including quasi-judicial items. Councilmember Cunniff stated he does not believe Council should hear any items prior to the effective date of the ordinance. For applications in the pipeline prior to the emergency declaration, he suggested the City Attorney draft language for individual items deemed urgent suspending the quasi-judicial rule. Mayor Troxell questioned whether that would be workable in terms of notice requirements. City Attorney Daggett replied something may need to be written into this ordinance that would recognize that mechanism as Council cannot typically override something that has been approved by ordinance with a motion. She suggested language be crafted as part of an amendment for Council to consider next week. Councilmember Summers supported the motion and encouraged using caution regarding judgements placed on whether the technology is accurate. He opposed every item coming before Council before it could proceed. Councilmember Cunniff stated he was not intending for Council to make decisions about whether a board item would be heard; he was intending for the majority of the board to decide both in the case of technology issues or items which seem to be turning into controversies. He could support an amendment, depending on the details, that lays out a set of criteria by which Council could consider hearing an appeal either as an amendment to this ordinance or as part of a subsequent ordinance. City Attorney Daggett stated staff will work on language addressing the issue. Councilmember Pignataro stated she would oppose the ordinance as so many amendments are required. Mayor Troxell stated he would support the motion and discussed the importance of creating a level of certainty for all involved. 1.2 Packet Pg. 37 Attachment: April 14, 2020 (9083 : minutes-4/7, 4/14) April 14, 2020 City of Fort Collins Page 470 Mayor Pro Tem Stephens discussed the importance of enabling public participation and transparent government while still figuring out how to keep the City running during an unprecedented time. Councilmember Gutowsky stated she would support the motion but is looking forward to the amendments for Second Reading. City Clerk Coldiron commented on the public feedback regarding the technology and stated more prominent instructions will be provided for the new platform. RESULT: ORDINANCE NO. 061, 2020, ADOPTED ON FIRST READING [6 TO 1] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff NAYS: Pignataro Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to postpone consideration of Emergency Ordinance No. 060, 2020, indefinitely. RESULT: ORDINANCE NO. 060, 2020, POSTPONED INDEFINITELY [Unanimous] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff, Pignataro • OTHER BUSINESS Councilmember Pignataro thanked City Manager Atteberry for his memo related to which items are being considered during the emergency declaration. She assumed each agenda item will include a bulleted list of the reasons it is being heard. City Manager Atteberry replied that has been discussed and will be included on the next agenda. • ADJOURNMENT The meeting adjourned at 7:19 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.2 Packet Pg. 38 Attachment: April 14, 2020 (9083 : minutes-4/7, 4/14) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY May 5, 2020 City Council STAFF Nina Bodenhamer, City Give Director John Duval, Legal SUBJECT Second Reading of Ordinance No. 062, 2020, Appropriating an Unanticipated Charitable Donation to the City from Broadcom Inc. to be Used for COVID-19 Relief. EXECUTIVE SUMMARY While this item is not critical or urgent in nature as related to the COVID-19 emergency, it is being presented to Council now because it provides funds to be used to mitigate the effects of the emergency. This Ordinance, unanimously adopted on First Reading on April 21, 2020, is to appropriate $100,000 in unanticipated philanthropic revenue in the General Fund for COVID-19 community relief. The intent of the charitable gift, facilitated and secured by City Give, is designated by the donor, Broadcom Inc., to support the critical and expanded needs of essential community services and organizations. It is the donor’s determination the City possesses unique knowledge of urgent community gaps and can serve as a critical gateway as to how monies can be effectively and immediately applied to local emergency relief. Thus, the City will distribute $75,000 of the total gift to three community partners: Neighbor to Neighbor, New Belgium Bar & Restaurant Relief Fund and Poudre School District. The remaining $25,000 will be used to support City efforts across its service areas, departments and programs, to include, without limitation, Adopt-A- Neighbor, Safety & Risk Management, Social Sustainability and to launch childcare for essential employees, specifically police and other first responders. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, April 21, 2020 (w/o attachments) (PDF) 2. Ordinance No. 062, 2020 (PDF) 2 Packet Pg. 39 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY April 21, 2020 City Council STAFF Nina Bodenhamer, City Give Director John Duval, Legal SUBJECT First Reading of Ordinance No. 062, 2020, Appropriating an Unanticipated Charitable Donation to the City from Broadcom Inc. to be Used for COVID-19 Relief. EXECUTIVE SUMMARY While this item is not critical or urgent in nature as related to the COVID-19 emergency, it is being presented to Council now because it provides funds to be used to mitigate the effects of the emergency. The purpose of this item is to appropriate $100,000 in unanticipated philanthropic revenue in the General Fund for COVID-19 community relief. The intent of the charitable gift, facilitated and secured by City Give, is designated by the donor, Broadcom Inc., to support the critical and expanded needs of essential community services and organizations. It is the donor’s determination the City possesses unique knowledge of urgent community gaps and can serve as a critical gateway as to how monies can be effectively and immediately applied to local emergency relief. Thus, the City will distribute $75,000 of the total gift to three community partners: Neighbor to Neighbor, New Belgium Bar & Restaurant Relief Fund and Poudre School District. The remaining $25,000 will be used to support City efforts across its service areas, departments and programs, to include, without limitation, Adopt-A- Neighbor, Safety & Risk Management, Social Sustainability and to launch childcare for essential employees, specifically police and other first responders. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The purpose of this item is to appropriate $100,000 in unanticipated philanthropic revenue in the General Fund for COVID-19 community relief. The intent of the charitable gift is designated by the donor, Broadcom Inc., to support the critical and essential needs of our residents during this unprecedented national and community crisis. City of Fort Collins: COVID-19 Response and Direct Services City staff are working fast and furiously to respond to increased needs and community challenges. COVID - 19 Relief funding will support City efforts across its service areas, departments programs, including, without limitation, Adopt-A-Neighbor, Safety & Risk Management, Social Sustainability and launching childcare for essential employees, specifically police and other first responders. Neighbor to Neighbor: Emergency Rental Assistance For over 50 years, Neighbor to Neighbor has assisted residents with housing stability, eviction prevention and home ownership. A charitable gift from Broadcom Inc. would be dedicated to COVID- 19 eviction emergency rent assistance. ATTACHMENT 1 2.1 Packet Pg. 40 Attachment: First Reading Agenda Item Summary, April 21, 2020 (w/o attachments) (9070 : SR 062 Charitable COVID-19 Relief) Agenda Item 15 Item # 15 Page 2 New Belgium Bar & Restaurant Relief Fund New Belgium Brewing has invested $100K to provide direct financial assistance of $350 per displaced bar, food service, and restaurants employees in Fort Collins. The application platform is up and running and has received over 1,000 requests & eligibility verifications for the emergency cash assistance. Poudre School District: Digital access for Income Challenged Families and Students Digital access for mobile housing parks; In the last week, PSD placed large-scale mobile hot spots in both Poudre Valley Mobile Home Park, and Harmony Village. Such mobile wi-fi units will be placed in mobile housing parks across the community to ensure robust digital access for income-challenged families and students. The City will distribute $75,000 of the total gift via three separate grants of $25,000 each to the agencies above: Neighbor to Neighbor, New Belgium Bar & Restaurant Relief Fund and Poudre School District. CITY FINANCIAL IMPACTS This Ordinance will appropriate $100,000 of unanticipated philanthropic revenue into the General Fund for the transfer of $25,000 to support COVID-related response and relief efforts across City departments, and $75,000 for pass-through distribution. The funds have been received and accepted per City Give Administrative and Financial Policy. 2.1 Packet Pg. 41 Attachment: First Reading Agenda Item Summary, April 21, 2020 (w/o attachments) (9070 : SR 062 Charitable COVID-19 Relief) -1- ORDINANCE NO. 062, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING AN UNANTICIPATED CHARITABLE DONATION TO THE CITY FROM BROADCOM INC. TO BE USED FOR COVID-19 RELIEF WHEREAS, Broadcom Inc. has made a generous charitable donation of $100,000 to the City to be used by it to support the critical and expanded needs of Fort Collins residents resulting from the unprecedented national and community crisis caused by the COVID-19 pandemic (the “Pandemic”); and WHEREAS, Broadcom Inc. has asked that its donation be used by the City in equal amounts of $25,000 for the following four purposes: (i) to fund the City’s efforts across its service areas, departments and programs to address the effects of the Pandemic, to include, without limitation, Adopt-A-Neighbor, Safety and Risk Management, Social Sustainability and providing child care for essential City employees, specifically police and other first responders, (ii) as a City grant to Neighbor to Neighbor to be used by it for emergency rent assistance as needed by Fort Collins’s income-disadvantaged residents because of the Pandemic, (iii) as a City grant to the New Belgium Bar and Restaurant Relief Fund for financial assistance to food service workers displaced from their jobs by the Pandemic, and (iv) as a City grant to the Poudre School District (“PSD”) for it to provide mobile Wi-Fi units throughout Fort Collins to allow its income-disadvantaged students to access the internet for online instruction at home; and WHEREAS, this appropriation benefits the public’s health, safety and welfare and serves the public purposes of providing the City with financial assistance to help it address the effects of the Pandemic on it essential employees need for childcare services, providing financial assistance to residents unable to pay for housing for reasons related to the Pandemic, providing financial assistance to food service workers without jobs due to the Pandemic and providing PSD with financial assistance to allow it to provide its income-disadvantaged students with Internet access so they can receive online instruction; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, 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 City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the General Fund and will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during this fiscal year; and WHEREAS, the City wishes to appropriate the funds donated to it by Broadcom Inc. to be expended by the City and paid to Neighbor to Neighbor, New Belgium Bar & Restaurant Relief Fund and PSD as hereafter provided; and 2.2 Packet Pg. 42 Attachment: Ordinance No. 062, 2020 (9070 : SR 062 Charitable COVID-19 Relief) -2- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from unanticipated charitable revenue in the General Fund the sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000) to support City efforts across its service areas, departments and programs to address the effects of the Pandemic, to include, without limitation, Adopt-A-Neighbor, Safety and Risk Management, Social Sustainability and providing child care for essential City employees, specifically police and other first responders. Section 3. That there is hereby appropriated for expenditure from unanticipated charitable revenue in the General Fund the sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000) to fund a grant to Neighbor to Neighbor to be used by it in its Emergency Rental Assistance program. Section 4. That there is hereby appropriated for expenditure from unanticipated charitable revenue in the General Fund the sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000) to fund a grant to the New Belgium Bar & Restaurant Relief Fund program to be used for financial assistance to food service workers displaced by the Pandemic. Section 5. That there is hereby appropriated for expenditure from unanticipated charitable revenue in the General Fund the sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000) to fund a grant to the Poudre School District for use in its Income Challenged Families and Students program to provide internet access to its students for online instruction. Introduced, considered favorably on first reading, and ordered published this 21st day of April, A.D. 2020, and to be presented for final passage on the 5th day of May, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 43 Attachment: Ordinance No. 062, 2020 (9070 : SR 062 Charitable COVID-19 Relief) -3- Passed and adopted on final reading on the 5th day of May, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 44 Attachment: Ordinance No. 062, 2020 (9070 : SR 062 Charitable COVID-19 Relief) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY May 5, 2020 City Council STAFF Barb Brock, Natural Areas Financial Coordinator Zoe Shark, Public Engagement Manager Ingrid Decker, Legal SUBJECT Second Reading of Ordinance No. 063, 2020 Appropriating Prior Year Reserves for Natural Areas Land Conservation, Legally Required Water Rights Infrastructure and Urgent Trail Construction Not Included in the 2020 Adopted City Budget. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on April 21, 2020, is coming to Council now because the Natural Areas Department is mandated by ballot to conserve land and funds are needed for a real estate closing on June 30 as well as anticipated closings throughout the year. Reappropriations also will support the completion of two infrastructure projects. One is legally required for water rights and the other is critical to prevent stormwater overtopping of Prospect Road. The proposed reappropriation for critical trail work is seasonally dependent and even more urgent given skyrocketing visitation due to the COVID-19 pandemic. This item appropriates $8,770,000 in prior year reserves in the Natural Areas Fund. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, April 21, 2020 (w/o attachments) (PDF) 2. Ordinance No. 063, 2020 (PDF) 3 Packet Pg. 45 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY April 21, 2020 City Council STAFF Barb Brock, Natural Areas Financial Coordinator Zoe Shark, Public Engagement Manager Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 063, 2020 Appropriating Prior Year Reserves for Natural Areas Land Conservation, Legally Required Water Rights Infrastructure and Urgent Trail Construction Not Included in the 2020 Adopted City Budget. EXECUTIVE SUMMARY This is coming to Council now because the Natural Areas Department is mandated by ballot to conserve land and funds are needed for a real estate closing on June 30 as well as anticipated closings throughout the year. Reappropriations also will support the completion of two infrastructure projects. One is legally required for water rights and the other is critical to prevent stormwater overtopping of Prospect Road. The proposed reappropriation for critical trail work is seasonally dependent and even more urgent given skyrocketing visitation due to the COVID-19 pandemic. This item appropriates $8,770,000 in prior year reserves in the Natural Areas Fund. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Funding dedicated to the Natural Areas Department (NAD) capital projects, lapses each year if not spent. Unspent funds need to be appropriated into the following year’s budget before they can be used. The purpose of this item is to appropriate $8,770,000 in unspent 2019 funds in the Natural Areas Fund for use in 2020. Of the total appropriation, $8,400,000 will be used for land conservation. With over $10 million in land acquisitions under negotiation, it is likely that most of these funds specifically for land conservation will be spent in 2020. Of the total appropriation $300,000 will be used for new essential purposes not included in the Natural Areas 2020 Budget and $70,000 to complete a project started in 2019. These items are described in more detail below. After this appropriation Natural Areas will have a total fund balance over $10 million for future land conservation, capital replacement, major restoration, and major trail and trail head projects. The fund balance can be used as necessary to cover revenue shortfalls. The funds for NAD come from the following designated sources of revenue: The City - Open Space Yes! ¼ Cent sales tax; the Larimer County - Help Preserve Open Space ¼ cent sales tax; and, miscellaneous anticipated and unanticipated revenues. All these funds are restricted to the purposes of the Natural Areas Department, including unanticipated revenues which consist generally of income from sales tax revenues, easements, leases or grants. The prior year reserve funds being appropriated in this Ordinance more specifically are: ATTACHMENT 1 3.1 Packet Pg. 46 Attachment: First Reading Agenda Item Summary, April 21, 2020 (w/o attachments) (9071 : SR 063 Natural Areas Reappropriation) Agenda Item 16 Item # 16 Page 2 $8,470,000 Unspent 2019 Budgeted Funds – being appropriated for same purpose $ 300,000 Unspent 2019 Funds – being appropriated for new purposes $8,770,000 Prior Year 2019 Reserves The anticipated use of these funds is as follows: Land Conservation - $8,400,000 in unspent funds restricted specifically for land conservation to fund property acquisition efforts per the Natural Areas Master Plan. Planning and Special Projects - $70,000 to finish the installation of water surface area monitoring equipment started in 2019 for administration of a legally binding and required water augmentation plan; and $200,000 to repair and restore riverbank damage at Riverbend Ponds Natural Area in equal partnership with Transportation and Utilities. The project is intended to prevent the Poudre River from breaking out and potentially overtopping Prospect. This essential public safety project is currently under construction in order to be completed prior to the spring runoff and potential flooding; Natural Areas will use these funds to reimburse Utilities for the work it is performing. Trails and Visitor Amenities - $100,000 for reconstructing the Foothills Trail across Maxwell Natural Area per the Foothills Management Plan. This section of the Foothills Trail is heavily used, difficult to maintain, currently rated in poor condition, and in urgent need of reconstruction. CITY FINANCIAL IMPACTS This Ordinance increases 2020 appropriations in the City’s Natural Areas Fund by $8,770,000. The requested total appropriation of $8,770,000 in the Natural Areas Fund represents 2019 appropriations that were unspent and unencumbered at year-end 2019. These funds are restricted to the purposes of the Natural Areas Department and the $8,400,000 is restricted specifically to land conservation. Natural Areas will have a remaining fund balance over $10 Million for future projects that may be used as necessary to cover revenue shortfalls over the next few years. BOARD / COMMISSION RECOMMENDATION At its regular meeting on March 11, 2020, the Land Conservation and Stewardship Board voted unanimously, to recommend that City Council approve an appropriation of $10,141,000. However, due to concerns that the COVID-19 emergency will reduce revenues in 2020 and perhaps 2021, staff has chosen to reduce the overall appropriation presented to the LCSB by $1,371,000 primarily for trails and restoration projects that will be delayed to future years as funds are available. (Attachment 1) PUBLIC OUTREACH Natural Areas Funds will be spent in alignment with the Natural Areas Master Plan, which was extensively reviewed by the public prior to its adoption in October 2014. ATTACHMENTS 1. Land Conservation and Stewardship Board minutes, March 11, 2020 (PDF) 3.1 Packet Pg. 47 Attachment: First Reading Agenda Item Summary, April 21, 2020 (w/o attachments) (9071 : SR 063 Natural Areas Reappropriation) -1- ORDINANCE NO. 063, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES FOR NATURAL AREAS LAND CONSERVATION, LEGALLY REQUIRED WATER RIGHTS INFRASTRUCTURE AND URGENT TRAIL CONSTRUCTION NOT INCLUDED IN THE 2020 ADOPTED CITY BUDGET WHEREAS, the City is committed to preserving natural areas and providing educational, interpretive and appropriate recreational opportunities to the public; and WHEREAS, Natural Areas Department programming implements open land conservation priorities identified in the City’s Comprehensive Plan by purchasing conservation easements and fee interests in key natural areas, community separators, or other open lands; providing stewardship for lands purchased; and developing trails and interpretive features for public use; and WHEREAS, the Natural Areas Department is funded primarily through the collection of City Open Space - Yes sales and use tax revenue, as well as revenues from the Larimer County Help Preserve Open Space sales and use tax, investment earnings, and other miscellaneous revenues deposited in the Natural Areas Fund; and WHEREAS, Article V, Section 11 of the City Charter requires all appropriations unexpended or unencumbered at the end of the fiscal year to lapse to the applicable general or special revenue fund, except appropriations for capital projects and federal or state grants, which do not lapse until completion of the capital project or expiration of the respective grant; and WHEREAS, the City Manager has recommended the appropriation from prior year reserves in the Natural Areas Fund of a total of $8,770,000, comprised of unspent and unencumbered appropriations from 2019, to be used for land conservation, installation of monitoring equipment for administration of a legally binding and required augmentation plan, repair of riverbank damage to assist in flood control, and reconstruction of the Foothills Trail; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of supporting Natural Areas conservation activities and projects; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated in the Natural Areas Fund and will not cause the total amount appropriated in the Natural Areas Fund to exceed 3.2 Packet Pg. 48 Attachment: Ordinance No. 063, 2020 (9071 : SR 063 Natural Areas Reappropriation) -2- the current estimate of actual and anticipated revenues to be received in that fund during this fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from prior year reserves in the Natural Areas Fund the sum of EIGHT MILLION SEVEN HUNDRED SEVENTY THOUSAND DOLLARS ($8,770,000) to be used for land conservation, special projects, and trail construction, to benefit the residents of the City. Introduced, considered favorably on first reading, and ordered published this 21st day of April, A.D. 2020, and to be presented for final passage on the 5th day of May, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of May, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.2 Packet Pg. 49 Attachment: Ordinance No. 063, 2020 (9071 : SR 063 Natural Areas Reappropriation) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY May 5, 2020 City Council STAFF Caroline Mitchell, Environmental Planner Judy Schmidt, Legal SUBJECT Second Reading of Ordinance No. 064, 2020, Amending the Code of the City of Fort Collins to Delay the December 31, 2020, Implementation Date for Business and Multi-Family Recycling Requirements Included in the Community Recycling Ordinance. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on April 21, 2020, delays the implementation date of the business and multi-family recycling requirement in the Community Recycling Ordinance from December 31, 2020, to June 30, 2021, due to impacts of the COVID-19 response. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, April 21, 2020 (w/o attachments) (PDF) 2. Ordinance No. 064, 2020 (PDF) 4 Packet Pg. 50 Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY April 21, 2020 City Council STAFF Caroline Mitchell, Environmental Planner Judy Schmidt, Legal SUBJECT First Reading of Ordinance No. 064, 2020, Amending the Code of the City of Fort Collins to Delay the December 31, 2020, Implementation Date for Business and Multi-Family Recycling Requirements Included in the Community Recycling Ordinance. EXECUTIVE SUMMARY The purpose of this item is to delay the implementation date of the business and multi-family recycling requirement in the Community Recycling Ordinance from December 31, 2020, to June 30, 2021, due to impacts of the COVID-19 response. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Community Recycling Ordinance (CRO) was adopted in September 2016. Two elements of the CRO have already been successfully implemented: (1) all haulers now offer optional seasonal weekly curbside collection of yard trimmings for an extra fee, and (2) all grocers now have collection service for food scraps to be composted. The remaining element of the CRO to be implemented is the requirement that all trash haulers provide recycling services to their business and multi-family customers unless the customer has a variance on file from the City. This requirement was to take effect by December 31, 2020. Rolling out recycling to business and multi-family customers involves additional staff time and equipment from trash/recycling haulers, time from businesses and multi-family complexes to train and educate about recycling and may increase the service cost for some locations. All of these are challenging during this time of COVID-19 response. In order to allow trash/recycling haulers, businesses and multi-family complexes to focus on providing their core services during the COVID-19 response, staff recommends delaying the implementation deadline from December 31, 2020, until June 30, 2021. PUBLIC OUTREACH If adopted, staff would conduct public outreach to notify the community of the delay. ATTACHMENT 1 4.1 Packet Pg. 51 Attachment: First Reading Agenda Item Summary, April 21, 2020 (w/o attachments) (9072 : SR 064 Recycling Delay) -1- ORDINANCE NO. 064, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS TO DELAY THE DECEMBER 31, 2020, IMPLEMENTATION DATE FOR BUSINESS AND MULTI-FAMILY RECYCLING REQUIREMENTS INCLUDED IN THE COMMUNITY RECYCLING ORDINANCE WHEREAS, the City of Fort Collins is threatened with serious injury and damage, consisting of widespread human and economic impact caused by the Novel Coronavirus 2019 (COVID-19); and WHEREAS, the City and the Larimer County Department of Public Health and Environment, state officials, Colorado State University and the Poudre School District are cooperatively working to limit community spread and slow the transmission of COVID-19; and WHEREAS, due to the increasing incidence of COVID-19 in the general population, the World Health Organization designated the spread of COVID-19 as a worldwide pandemic; and WHEREAS, on March 10, 2020, Governor Polis issued a Declaration of a Disaster Emergency for the State of Colorado and on March 13, 2020 the President of the United States declared a National Emergency; and WHEREAS, on March 13, 2020, in order to undertake emergency measures to protect the life, health, safety and property of the citizens of the City and persons conducting business therein, and in order to attempt to minimize the loss of human life and the preservation of property, the City Manager, as the Director of the City’s Office of Emergency Management, proclaimed a “local emergency” in accordance with Section 2-671(a)(1) of the City Code and activated the Emergency Operations Plan established pursuant to Section 2-673 of the City Code; and WHEREAS, the City Council has, with its adoption of Resolution 2020-030 extended the City Manager’s proclamation of local emergency; and WHEREAS, on September 20, 2016, City Council adopted Ordinance No. 109, 2016 (referred to as the Community Recycling Ordinance) to further promote the recycling of solid wastes for the purpose of enhancing the recovery of valuable natural resources, extending the life the Larimer County Landfill, and furthering the City’s goals and objectives regarding reduction of waste and generation of greenhouse gases; and WHEREAS the Community Recycling Ordinance required licensed solid waste collectors to add minimum recycling service to the solid waste collection service provided to existing multi- family and commercial customers not receiving recycling service as of December 3, 2016 (unserved customers) to one hundred (100) percent of such unserved customers by December 31, 2020; and 4.2 Packet Pg. 52 Attachment: Ordinance No. 064, 2020 (9072 : SR 064 Recycling Delay) -2- WHEREAS, the COVID-19 emergency has created significant economic impacts to the waste and recycling industry, including the solid waste collectors licensed to operate in the City of Fort Collins; and WHEREAS, Council has determined that in order to protect the health, safety and welfare of the residents of the City, including but not limited to the economic and physical health and safety of the community, it is necessary and appropriate to extend the December 31, 2020 deadline under the Community Recycling Ordinance to serve one hundred (100) percent of unserved business and multi-family customers for an additional six months to enable licensed collectors to focus on their core service delivery and to maintain a continuing level of solid waste collection service to residents of the community in these challenging economic times. 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 15-413(b)(3) of the Code of the City of Fort Collins is hereby amended to read as follows: (b) On-site collection—Multi-family and commercial. . . . (3) Commencing January 1, 2017, each solid waste collector licensed by the City shall provide to new and existing multi-family and commercial customers (and other customers receiving solid waste collection services through a communal system of waste collection) as a part of any solid waste collection services provided by such collector, the minimum recycling service calculated under Subsection 15-413(b)(2) in accordance with the schedule set forth in Subsection 15-413(b)(3). Each solid waste collector licensed by the City must add minimum recycling service to the solid waste collection service provided to existing multi-family and commercial customers not receiving recycling service as of December 31, 2016 ("unserved multi-family and commercial customers") in accordance with the following schedule: a. by December 31, 2018, forty (40) percent of its unserved multi-family and commercial customers; and b. by June 30, 2021 one hundred (100) percent of its multi-family and commercial customers. Thereafter, the cost for minimum recycling service must be billed in addition to the cost of solid waste collection service for all multi-family and commercial customers. The charge for both such services may be itemized separately for billing purposes but shall not be reduced to exclude the cost of minimum recycling service unless a variance is granted in accordance with Subsection 15-413(b)(3). . . . 4.2 Packet Pg. 53 Attachment: Ordinance No. 064, 2020 (9072 : SR 064 Recycling Delay) -3- Introduced, considered favorably on first reading, and ordered published this 21st day of April, A.D. 2020 and to be presented for final passage on the 5th day of May, A.D., 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 5th day of May, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk 4.2 Packet Pg. 54 Attachment: Ordinance No. 064, 2020 (9072 : SR 064 Recycling Delay) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY May 5, 2020 City Council STAFF Beth Rosen, Affordable Housing Program Administrator Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 065, 2020, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund for COVID-19 Response and Recovery. EXECUTIVE SUMMARY This item meets the following priorities for items to be considered by Council during the COVID-19 emergency: (1) urgent items specifically related to COVID-19 activities that are critical in nature and must receive Council consideration as soon as possible; (6) items that relate to funding, operation and business activities that the City must continue despite the current crisis; and (7) items that are required to comply with federal or state legal or other requirements. The purpose of this item is to appropriate unanticipated Community Development Block Grant (CDBG) funding in the amount of $649,203 from the Department of Housing and Urban Development (HUD) to be used for COVID-19 response and recovery. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Community Development Block Grant (CDBG) Entitlement Program provides annual grants on a formula basis to entitled cities and counties to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate- income persons. Entitlement communities develop their own programs and funding priorities. However, grantees must give maximum feasible priority to activities which benefit low- and moderate-income persons. The City is currently administering its Fiscal Year 2019 (FY19) grant award from the Department of Housing and Urban Development (HUD) in the amount of $1,078,629. These funds were appropriated by Council on July 2, 2019, in Ordinance No. 080, 2019, and have been allocated to housing and human services projects as adopted by Council on June 4, 2019, in Resolution No. 2019-074. These funds serve the program year that runs from October 1, 2019, through September 30, 2020. On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into law. The CARES Act made available $5 billion in Community Development Block Grant Coronavirus (CDBG-CV) funds. Of this amount, HUD immediately allocated $2 billion based on the fiscal year 2020 CDBG formula. HUD notified the City on April 2, 2020, of its CARES Act allocation in the amount of $649,203. This appropriation will add the new CDBG funding to the FY19 program year and support timely response and deployment. (Attachment 1) 5 Packet Pg. 55 Agenda Item 5 Item # 5 Page 2 Staff is currently working on a coordinated effort to identify priority needs and uses for this critical funding. This appropriation will allow for expedient deployment of the funds once a Council-approved plan has been adopted. CITY FINANCIAL IMPACTS This will increase the City’s total CDBG allocation for FY19 from $1,078,629 to $1,727,832. These additional funds will assist in critical response and recovery efforts not funded by other sources and will free up City resources to address other identified priorities. ATTACHMENTS 1. HUD CDBG-CV Award Letter (PDF) 5 Packet Pg. 56 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410-7000 ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT www.hud.gov espanol.hud.gov April 2, 2020 The Honorable Wade Troxell Mayor of Fort Collins P.O. Box 580 Fort Collins, CO 80522 Dear Mayor Troxell: I am pleased to inform you of a special allocation to your jurisdiction of Community Development Block Grant funds to be used to prevent, prepare for, and respond to the coronavirus (COVID-19). This allocation was authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136, which was signed by President Trump on March 27, 2020, to respond to the growing effects of this historic public health crisis. The CARES Act made available $5 billion in Community Development Block Grant Coronavirus (CDBG-CV) funds. Of this amount, the Department is immediately allocating $2 billion based on the fiscal year 2020 CDBG formula. The remaining $3 billion shall be allocated based on needs using best available data, in the following tranches: $1 billion shall be allocated to States and insular areas within 45 days of enactment of the Cares Act, and $2 billion shall be distributed to states and local governments at the discretion of the Secretary. Up to $10 million will be set aside for technical assistance. Given the immediate needs faced by our communities, the Department has announced the first allocation of funds. Your jurisdiction’s allocation is $649,203. The CARES Act adds additional flexibility for both the CDBG-CV grant and, in some cases, for the annual FY2020 CDBG grants in these unprecedented times. The public comment period is reduced to not less than 5 days, grantees may use virtual public hearings when necessary for public health reasons, the public services cap is suspended during the emergency, and States and local governments may reimburse costs of eligible activities incurred for pandemic response regardless of the date. In addition, the CARES Act authorizes the Secretary to grant waivers and alternative requirements of statutes and regulations the Secretary administers in connection with the use of CDBG-CV funds and fiscal year 2019 and 2020 CDBG funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment). Waivers and alternative requirements can be granted when necessary to expedite and facilitate the use of funds to prevent, prepare for, and respond to coronavirus. The Department is developing a notice that will further describes the CARES Act’s provisions, a Quick Guide to the CARES Act flexibilities and other provisions, and other resources to enable swift implementation of CDBG-CV grants. As these become available, they will be ATTACHMENT 1 5.1 Packet Pg. 57 Attachment: HUD CDBG-CV Award Letter (9051 : CDBG-CV Funds Appropriation) posted on HUD’s website and distributed to grantees. The Department will also support grantees with technical assistance. As you develop your plan for the use of these grant funds, we encourage you to consider approaches that prioritize the unique needs of low- and moderate–income persons and the development of partnerships between all levels of government and the private for-profit and non- profit sectors. You should coordinate with state and local health authorities before undertaking any activity to support state or local pandemic response. CDBG-CV grants will be subject to oversight, reporting, and requirements that each grantee have adequate procedures to prevent the duplication of benefits. HUD will provide guidance and technical assistance on DOB and regarding prevention of fraud, waste, and abuse and documenting the impact of this program for beneficiaries. The Office of Community Planning and Development (CPD) is looking forward to working with you to successfully meet the urgent and complex challenges faced by our communities. If you or any member of your staff has questions, please contact your local CPD Field Office Director or CPDQuestionsAnswered@hud.gov. Sincerely, John Gibbs Acting Assistant Secretary for Community Planning and Development U.S. Department of Housing and Urban Development 5.1 Packet Pg. 58 Attachment: HUD CDBG-CV Award Letter (9051 : CDBG-CV Funds Appropriation) -1- ORDINANCE NO. 065, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR COVID-19 RESPONSE AND RECOVERY WHEREAS, the City receives annual grants of funds from the federal Department of Housing and Urban Development (“HUD”) Community Development Block Grant (“CDBG”) entitlement program to help support affordable housing and other programs to benefit low- and moderate-income persons; and WHEREAS, On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed into law, making available $5 billion in Community Development Block Grant Coronavirus (“CDBG-CV”) funds; and WHEREAS, HUD has allocated $649,203 of CDBG-CV funds to the City; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of supporting timely response to and recovery from the impacts of the COVID-19 pandemic; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, 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 11, of the City Charter provides that federal grant appropriations shall not lapse if unexpended at the end of the budget year until the expiration of the federal grant; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Community Development Block Grant Fund and will not cause the total amount appropriated in the Community Development Block Grant Fund to exceed the current estimate of actual and anticipated revenues to be received in that Fund during this fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from unanticipated grant revenue in the Community Development Block Grant Fund, the sum of SIX HUNDRED Packet Pg. 59 -2- FORTY-NINE THOUSAND TWO HUNDRED THREE DOLLARS ($649,203), to be used towards COVID-19 response and recovery. Introduced, considered favorably on first reading, and ordered published this 5th day of May, A.D. 2020, and to be presented for final passage on the 19th day of May, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of May, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 60 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY May 5, 2020 City Council STAFF Adam Bromley, Director of Operations & Technology Lance Smith, Utilities Strategic Finance Director Tim McCollough, Deputy Director, Utilities Light and Power Cyril Vidergar, Legal SUBJECT First Reading of Ordinance No. 066, 2020, Appropriating Prior Year Reserves and Authorizing the Transfer of Previously Appropriated Funds in the Light and Power Fund for the 700 Wood Street Remodel Project and Related Art in Public Places. EXECUTIVE SUMMARY This item is coming to Council because it meets the following Priorities: (5) will directly support a council driven timeline for an operational space for the network operations and engineering staff in Connexion and (6) provides funding for a project that the City must continue despite the current crisis. The requested off-cycle appropriation will provide funds necessary to complete the joint control room and associated 700 Wood Street remodel project for Fort Collins Connexion (Connexion) and Electric Utility/Light & Power (L&P) operations. L&P is requesting an appropriation of $900,000 from uncommitted reserves, which has been included in the Utilities’ financial rate strategy and 2019 Capital Improvement Plan (CIP). Since this appropriation request is for the purpose of capital construction, City Code also requires a $9,000 contribution (1% of the amount being appropriated) to the Art in Public Places (APP) program. This amount is also being requested from uncommitted L&P reserves, bringing the total use of L&P reserves in this request to $909,000. In addition to the appropriation from available reserves, L&P is requesting a transfer of $770,000 in funds previously appropriated for the Substation capital parent account to obtain the remaining funds for the 700 Wood Street remodel project. Council Finance Committee considered and supported this approach on April 20, 2020. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2018, L&P included a budget offer in the 2019/20 BFO process to update the Supervisory Control Operations (SCO) center; Council approved that offer as part of the 2019/20 budget. SCO is the control room for the electric distribution center; electric system operators direct switching operations in the field and monitor substation and distribution equipment status to maintain safe, reliable operations of the electric system. SCO is the only area within 700 Wood Street that was not part of the 2016/17 remodel of the 700 Wood Street facilities. The 2019/20 budget offer is $950,000 for the following scope of work: • New electric operator consoles replacing existing consoles that are over 30 years old • A video display system to integrate the new enterprise level software systems to display operational 6 Packet Pg. 61 Agenda Item 6 Item # 6 Page 2 system maps, manage outages, perform advanced distribution management and replace the existing paper wall map • Replacing existing raised floors at the end of their useful life • Upgrading lighting and acoustics • Asbestos remediation In 2019, it was determined that several functional groups within Connexion (at least 20 employees) need to be located at 700 Wood Street. L&P previously moved employees out of the building to accommodate Connexion Outside Plant employees; as such, little space remains for additional personnel. Therefore, Connexion and L&P began a conceptual design to remodel 700 Wood Street to meet the following criteria: • Integrate the network operations (Connexion) and electric system operations (L&P) groups into a transparent joint control room facility • Maintain or exceed the existing level of conference room space • Accommodate the network engineering staff from Connexion • Provide workspaces for L&P staff displaced by incoming Connexion personnel or the new remodel Connexion and L&P also worked with Operations Services, the contracted architect, the control room design consultant, and general contractor on the proposed conceptual design for the joint control room and associated 700 Wood Street remodel. This conceptual design multiplies the affected square footage of the original approved budget item by more than 5-times (original - 1,823 square feet proposed - 9,829 square feet). It also includes the following necessary improvements not originally budgeted: • Reconfiguration (moving walls) of SCO, e.g., moving kitchen, break room, and existing bathroom to create two bathrooms • Eliminating existing Poudre, Energy, Horsetooth, and Jetson conference spaces, and adding six new conference spaces • Reconfiguring/displacing L&P employee workspaces • Incorporating network engineering and operations employee workspaces • Adding Connexion lab space Due to the expanded scope of the project, the estimated cost has grown considerably. The current total estimated cost for the project is $4.37 million; current estimates for each department’s share are $1.75 million for Connexion and $2.62 million for L&P. Staff is currently at about 50% design/20% contingency budget and we expect to refine these estimates as we reach an 80% design/20% contingency. Staff has already reduced the total cost by over $400,000 by value-engineering line items, e.g., adding a coffee station and reconfiguring a small bathroom/locker room. Staff is in process to identify other areas for potential value-engineering and cost reductions that do not degrade the quality of the end product. L&P has $950,000 appropriated for this work through the 2019/20 budget; and, in an effort to follow City financial guidance regarding potential delays in capital expenditures to help match expected revenue shortcomings, this appropriation does not rely solely on reserves for the entire budget shortfall ($1.7 million). Staff proposes a two-pronged approach that Council Finance Committee reviewed and supported to obtain the funds necessary for the remodel project as described above: • Obtain a portion ($900,000) by appropriating the amount included in the CIP from L&P reserves and • Obtain the remaining funds ($770,000) by reallocating from other capital accounts within L&P. The off-cycle appropriation amount is included in L&P’s current rate strategy (i.e., rate setting recommendations) as it was planned for in the 2019 CIP. L&P provides proposed capital expenditures for each budget cycle to the Utilities finance division to inform electric rates strategy and future increases. As part of L&P’s 2019 CIP, staff anticipated a budget shortfall once discussions with Connexion began and attempted to include the additional funds necessary through an appropriation to complete the remodel project. This approach allows the appropriation to be funded directly through electric rate revenues. The line item in the CIP for this appropriation was for $900,000, which is just 6 Packet Pg. 62 Agenda Item 6 Item # 6 Page 3 short of the current project estimates. However, this action demonstrates that more than half of the money needed in the appropriation is already projected in existing electric rate revenues and only $770,000 additional is needed to fully fund the additional remodeling work. With support from Council Finance Committee and Utilities finance, staff recommends Council re-appropriate unused capital dollars in the L&P Substation parent account to obtain the remaining budget necessary; all capital work currently planned for in the Substations area is included in the budget and the parent account is able to accommodate this re-appropriation. Not funding this appropriation results in the delay of a permanent working space for Connexion network operations and engineering personnel and limits the value of upgraded enterprise software systems (Advanced Distribution Management System and SCADA system) in L&P. L&P staff realizes the timing of this request is unfortunate given the current financial unpredictability; however, staff is also mindful of the potential for revenues to be below budgeted levels and does not anticipate other off-cycle appropriations in 2020. As such, staff is confident in the timeliness of this off-cycle appropriation recommendation. CITY FINANCIAL IMPACTS Staff does not anticipate any negative financial impacts related to the appropriation from L&P reserves or the Substation capital parent account, which will both maintain healthy positive balances after the appropriations. L&P has all Substation capital projects budgeted for 2020 and will not need any funds from the parent account. Even with this appropriation from the Substation parent account, L&P would be able to utilize the remaining balance to fund planned 2021 projects, which will reduce pressure to rely solely on rates to fund the projects included in the CIP. The impacts to these funds are shown below. The following is a summary of the existing project funding and additional funding resources: Prior Appropriated Funds 2020 BFO item $950,000 Funds to be Appropriated with this Action Off-cycle Supplemental Appropriation from L&P reserves $900,000 Re-allocation of unused capital dollars in L&P Substation Parent $770,000 L&P Portion of Estimated Total Project Cost $2,620,000 The following is a summary of the status of L&P available reserves before and after this appropriation: Estimated L&P reserves available at end of 2019 $10,500,000 L&P reserves available after CAP Mitigation & Resiliency Appropriation $6,753,862 (Ordinance No. 006, 2020) Wood Street Remodel Appropriation $900,000 Wood Street Remodel APP Contribution $9,000 Remaining L&P reserves available $5,844,862 The following is a summary of the status of the L&P Substation Parent account before and after the re- appropriation: Substation Parent Account Balance $1,907,354 Re-appropriation Amount to Wood St. Remodel $770,000 Remaining Substation Parent Account Balance $1,137,354 BOARD / COMMISSION RECOMMENDATION The staff recommendation included in this AIS was supported by Council Finance Committee on April 20, 2020. 6 Packet Pg. 63 -1- ORDINANCE NO. 066, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING THE TRANSFER OF PREVIOUSLY APPROPRIATED FUNDS IN THE LIGHT AND POWER FUND FOR THE 700 WOOD STREET REMODEL PROJECT AND RELATED ART IN PUBLIC PLACES WHEREAS, the 2016-2017 City Budget included costs to renovate the Utility Service Center (USC) located at 700 Wood Street, focusing on modification to meet Electric Utility/Light & Power staff needs, improving building security and energy efficiency, and replacing the Heating, Ventilation and Air Conditioning (HVAC) system; and WHEREAS, since the 2016-2017 renovations, the City began a telecommunications service and facilities division (FC Connexion) and certain FC Connexion personnel began using USC workspaces, which was an unanticipated use at the time of the 2016-2017 renovations; and WHEREAS, FC Connexion service deployment has matured to the point where network control needs to be centrally managed with Light & Power facilities to accommodate efficient delivery of FC Connexion services along with reliable operation of the City’s electric system; and WHEREAS, the Supervisory Control Operations center (SCO) located in the USC is the control room from which electric system operators direct operations and monitor distribution status to maintain safe, reliable operations of the City’s electric system, and additional technical and functional spaces, and related value-engineering improvements are needed to the SCO to co- manage FC Connexion services from this space; and WHEREAS, the facility upgrades needed to manage FC Connexion operations from the SCO will also require related improvements at the USC to minimize displacement burdens on Light & Power staff currently using affected facilities; and WHEREAS, Utilities staff recommends appropriating approximately $2.6 million in Light & Power fund reserves and unexpended Substation Parent fund monies to complete the SCO and related renovations to locate FC Connexion functional staff and technical facilities at the USC; and WHEREAS, this proposed appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of utilizing existing Utility facilities to provide cost-effective centralized management of City electric distribution services and broadband services, while maintaining a high level of service for ratepayers of both service; and WHEREAS, this project involves construction estimated to cost more than $250,000, as such, City Code Section 23-304 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 Packet Pg. 64 -2- WHEREAS, contributions to Art in Public Places for each Utility are kept and spent in such Utility’s own fund, except for maintenance, administration, repair and display costs pursuant to City Code Section 23-303 which are paid from the Cultural Services and Facilities Fund; and WHEREAS, City Charter Art. V, Section 9 permits the City Council, upon the recommendation of the City Manager, to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Light & Power Fund and will not cause the total amount appropriated in the Light & Power Fund to exceed the current estimate of actual and anticipated revenues to be received in that Fund during this fiscal year; and WHEREAS, City Charter Art. V, Section 10 authorizes the City Council, upon recommendation by the City Manager, to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged, the purpose for which the funds were initially appropriated no longer exists, or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and WHEREAS, the City Manager has recommended the transfer of $770,000 from the Substations capital project parent account to the 700 Wood Street remodel capital project and determined that the proposed transfer is from a capital project account in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and WHEREAS, the City Manager has recommended the transfer of $1,980 from the Light & Power Fund to the Cultural Services & Facilities Fund and determined that the purpose for which the transferred funds are to be expended remains unchanged; and WHEREAS, in accordance with City Charter Art. V, Section 10, the appropriation of reserves for the Project from the Light & Power Fund and the transfer of a portion of those unexpended and unencumbered appropriated funds to the APP program established by City Code Section 23-304(a) will be used for Light & Power purposes and improvements in connection with the Project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from prior year reserves Packet Pg. 65 -3- in the Light & Power Fund the sum of NINE HUNDRED NINE THOUSAND DOLLARS ($909,000) for the 700 Wood Street Remodel Project and appropriated therein as follows: • 700 Wood Street Remodel Project $900,000 • Art in Public Places Project (Artwork) 7,020 • Art in Public Places Project (transfer to Cultural Services Fund for APP Operations) 1,800 • Art in Public Places Project (transfer to Cultural Services Fund for APP Maintenance) 180 TOTAL $909,000 Section 3. That the unexpended and unencumbered appropriated amount of ONE THOUSAND EIGHT HUNDRED DOLLARS ($1,800) in the Light & Power Fund is authorized for transfer to the Cultural Services & Facilities Fund and appropriated therein for the Art in Public Places Program Operations. Section 4. That the unexpended and unencumbered appropriated amount of ONE HUNDRED EIGHTY DOLLARS ($180) in the Light & Power Fund is authorized for transfer to the Cultural Services & Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance. Section 5. That the unexpended and unencumbered appropriated amount of SEVEN HUNDRED SEVENTY THOUSAND DOLLARS ($770,000) is hereby authorized for transfer from the Substations Capital Projects parent account to the 700 Wood Street Remodel Project. Introduced, considered favorably on first reading, and ordered published this 5th day of May, A.D. 2020, and to be presented for final passage on the 19th day of May, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 66 -4- Passed and adopted on final reading on the 19th day of May, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 67 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY May 5, 2020 City Council STAFF Darin Atteberry, City Manager Lawrence Pollack, Budget Director Travis Storin, Interim Chief Finance Officer John Duval, Legal SUBJECT First Reading of Ordinance No. 067, 2020 Suspending for Fiscal Years 2021 and 2022 the Biennial Budget Term Required by City Code Section 8-1 and Approving the Temporary Revision of the City’s Budgeting Process for the 2021 and 2022 Budgets. EXECUTIVE SUMMARY This item is coming to Council because it meets the following Priority: (2) Emergency-related items that are not as urgent but need Council consideration. The purpose of this item is to acknowledge modifications to the City's biennial budgeting process due to the current unknowns of the depth and duration of the COVID-19 Pandemic and impacts to the local economy and City revenue streams. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION City Charter Article V, Section 2 provides that the City Manager shall file with the City Clerk on or before the first Monday in September preceding each budget term the proposed budget for that ensuing budget term. The City’s budget term was set in City Code Section 8-1 as being two fiscal years, the next of which is for the fiscal years 2021 and 2022 (2021-22 Budget Term). The COVID-19 global pandemic has caused significant turmoil to economies around the globe and is expected to create significant revenue shortfalls for local governments throughout the nation, the depth and duration of which are not currently known. Thus, the City Manager is recommending that Council suspend for the 2021-22 budget term, by the adoption of this Ordinance, the biennial budget term requirement in Code Section 8-1 in order to allow for a one-year budget term for both 2021 and 2022, but to return to the biennial budget term required by Code Section 8-1 beginning with fiscal years 2023 and 2024. The City Manager is also planning to forego using the BFO process for the 2021 and 2022 budget terms and in its place to use a revised budgeting process better suited to addressing the economic uncertainties that now exist because of the pandemic. This revised budget process will still include prioritizing the community’s needs as established by Council in its recent adoption of the City’s 2020 Strategic Plan. This will be done in a way that will strive to support and retain the City’s workforce, provide clear and frequent communications to Council and the community concerning the process, and that will use a variety of budget-balancing strategies, such as 7 Packet Pg. 68 Agenda Item 7 Item # 7 Page 2 adjustment to service levels, use of reserves, and the optimal deployment of funds received from the state and federal governments due to the Pandemic. 7 Packet Pg. 69 -1- ORDINANCE NO. 067, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUSPENDING FOR FISCAL YEARS 2021 AND 2022 THE BIENNIAL BUDGET TERM REQUIRED BY CITY CODE SECTION 8-1 AND APPROVING THE TEMPORARY REVISION OF THE CITY’S BUDGETING PROCESS FOR THE 2021 AND 2022 BUDGETS WHEREAS, City Charter Article V, Section 1 provides that the City Council is to set by ordinance the number of fiscal years that shall constitute the City’s “budget term”; and WHEREAS, City Charter Article V, Section 2 provides that the City Manager shall file with the City Clerk on or before the first Monday in September preceding each budget term the proposed budget for that ensuing budget term; and WHEREAS, in 2010, the City’s budget term was set in City Code Section 8-1 as being two fiscal years; and WHEREAS, the City’s next budget term is for fiscal years 2021 and 2022 (the “2021-22 Budget Term”); and WHEREAS, since 2005, the City Manager has used a priority-based budgeting process called Budgeting for Outcomes (“BFO”) to prepare his proposed budget for each budget term, which process provides City Council, as well as the City’s residents and businesses, with transparency in how the City Manager prepares his proposed biennial budgets; and WHEREAS, the COVID-19 global pandemic (the “Pandemic”) has caused significant turmoil to economies around the globe and is expected to create significant revenue shortfalls for local governments throughout the nation, the depths of which are not currently known; and WHEREAS, preparing a budget for a two-year budget term using the BFO process is time-intensive and works most effectively in times of greater economic certainty and stability, which is now not the case due to the Pandemic; and WHEREAS, the City Manager is therefore recommending that City Council suspend for the 2021-22 Budget Term, by the adoption of this Ordinance, the biennial budget term requirement in Code Section 8-1 in order to allow for a one-year budget term for both 2021 and 2022, but to return to the biennial budget term required by Code Section 8-1 beginning with fiscal years 2023 and 2024; and WHEREAS, the City Manager is also planning to forego using the BFO process for the 2021 and 2022 budget terms and in its place to use a revised budgeting process better suited to addressing the economic uncertainties that now exist because of the Pandemic; and WHEREAS, the City Manager is proposing that this revised budget process will include prioritizing the community’s needs as established by City Council in its recent adoption of the City’s 2020 Strategic Plan and to do so in a way that will strive to support and retain the City’s workforce, provide clear and frequent communications to City Council and the community -2- concerning the process, and that will use a variety of budget-balancing strategies, such as adjustment to service levels, use of reserves, and the optimal deployment of funds received from the state and federal governments due to the Pandemic (the “Revised Budget Process”); and WHEREAS, City Council and City staff have a duty to preserve the City’s financial strength and to position it for the future as this nation and community emerge from the effects of the Pandemic during the next two years, which the City Council believes can be best achieved by suspending the biennial budget term requirement in Code Section 8-1 for the 2021-22 Budget Term, and then reinstating the biennial budget term requirement for fiscal years 2023 and 2024; and WHEREAS, the City Council also agrees with the City Manager that it will be in the best interest of the City and its residents for the City Manager to use the Revised Budget Process instead of the BFO process to prepare his proposed budget for the 2021 and 2022 budget terms; and WHEREAS, this Ordinance is necessary for the public’s health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby suspends the biennial budget term requirement in City Code Section 8-1 for the 2021-22 Budget Term and during this period there shall be a one-year budget term for fiscal years 2021 and 2022. The biennial budget term requirement of Code Section 8-1 shall then be reinstated for the fiscal years 2023 and 2024 and all fiscal years thereafter. Section 3. That the City Manager’s use of the Revised Budget Process in place of the BFO process for the 2021 and 2022 budget terms is hereby approved. Section 4. That the City Manager is directed to carefully catalog adjustments to community service levels for ease of communication to the public and to assist City Council in its prioritization of programs when the economy has stabilized and improved. Introduced, considered favorably on first reading, and ordered published this 5th day of May, A.D. 2020, and to be presented for final passage on the 19th day of May, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk -3- Passed and adopted on final reading on this 19th day of May, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY May 5, 2020 City Council STAFF Jim Bertolini, Historic Preservation Planner Karen McWilliams, Historic Preservation Planner Brad Yatabe, Legal SUBJECT First Reading of Ordinance No. 068, 2020, Designating the Brown-Gooding Property, 425 Mathews Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. This item is coming to Council because it meets Priority 6: Items that relate to funding, operation and business activities that the City must continue despite the current crisis. This property owner has a pending Landmark Rehabilitation Loan for which funds have been requested and obligated but cannot be released without the Landmark designation in place. Delay of this first reading and subsequent second reading would delay construction activity at the property. The purpose of this item is to designate the Brown Gooding Property located at 425 Mathews Street as a Fort Collins Landmark. The owners of this property, Sarah Breseke and Wouter Montfrooij, are initiating this request. The single-family residence and garage are eligible for recognition as a Landmark due to their significance to Fort Collins under Designation Standard 3, Design/Construction and their historic integrity. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Brown-Gooding Property is an excellent example of brick “Free Classic” Queen Anne architecture in Fort Collins, featuring a prominent curved front porch with a central, Classically-styled dormer above. The home is also among the most prominent surviving examples of the work of master craftsman Herman Schroeder, a significant builder and carpenter who arrived in Fort Collins in 1878 and constructed or worked on buildings of all types, mostly in downtown or to its south and east. Late-Victorian styling, red brick walls, and ornate wood detailing especially on porches, were indicative of Schroeder’s work in the community. The property at 425 Mathews is among the most significant and best preserved of his residential projects. CITY FINANCIAL IMPACTS Recognition of this property as a Fort Collins Landmark enables its owners to qualify for local financial incentive programs available only to Landmark designated properties. Based upon research conducted by Clarion Associates, the property will likely see an increase in value following designation. Clarion Associates 8 Packet Pg. 73 Agenda Item 8 Item # 8 Page 2 attributed this increase to the fact that current and future owners qualify for financial incentives; the appeal of owning a recognized historic landmark; and the assurance of predictability that design review offers. BOARD / COMMISSION RECOMMENDATION At its January 15, 2020 meeting, the Landmark Preservation Commission (LPC) adopted a motion on a vote of 7-0 (1 recusal) to recommend that City Council designate the Brown-Gooding Property as a Fort Collins Landmark in accordance with Municipal Code Chapter 14, based on the property’s significance under Standard 3, Design/Construction and its exterior integrity based upon all seven aspects of integrity. PUBLIC OUTREACH Public outreach was limited to interaction with the property owner and presentation/approval at a regular session of the Landmark Preservation Commission. ATTACHMENTS 1. Location map (PDF) 2. Landmark Designation Application (PDF) 3. Photos (PDF) 4. Landmark Preservation Commission Resolution No. 2, 2020 (PDF) 8 Packet Pg. 74 MATHEWS ST REMINGTON ST E MAGNOLIA ST E MULBERRY ST 425 Mathews Location Map 0 10203040 Meters Scale 1:800 © 425 Mathews ATTACHMENT 1 Packet Pg Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 1 Fort Collins Landmark Designation LOCATION INFORMATION Address: 425 Mathews Street Legal Description: Block 134, Lot 2 of the 1873 Fort Collins Plat Property Name (historic and/or common): Brown-Gooding Property OWNER INFORMATION Name: Sarah Breseke & Wouter Montfrooij Company/Organization (if applicable): N/A Phone: 573-639-0112 Email: montfrooijw@missouri.edu, sbreseke@gmail.com Mailing Address: 425 Mathews St, Fort Collins, CO, 80524 CLASSIFICATION Category Ownership Status Present Use Existing Designation Building Public Occupied Commercial Nat’l Register Structure Private Unoccupied Educational State Register Site Religious Object Residential District Entertainment Government Other FORM PREPARED BY Name and Title: Jim Bertolini, Historic Preservation Planner Address: 281 N. College Ave Phone: 970-416-4250 Email: jbertolini@fcgov.com Relationship to Owner: Staff – Historic Preservation Services Division DATE: December 31, 2019 ATTACHMENT 2 8.2 Packet Pg. 76 Attachment: Landmark Designation Application (8979 : 425 Mathews Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 2 TYPE OF DESIGNATION and BOUNDARIES Individual Landmark Property Landmark District Explanation of Boundaries: The boundaries of the property being designated as a Fort Collins Landmark correspond to the legal description of the property, above. The property (hereinafter the “Property”) consists of the historic residential building (1903), its historic-age garage off the rear alley (c.1912), and the surrounding landscape, currently encompassed by parcel no. 9712331002. STATEMENT OF SIGNIFICANCE and INTEGRITY Properties are eligible for designation if they possess both significance and integrity. Significance is the importance of a site, structure, object or district to the history, architecture, archeology, engineering or culture of our community, State or Nation. For designation as Fort Collins Landmarks or Fort Collins Landmark Districts properties must meet one (1) or more of the following standards set forth in Fort Collins Municipal Code Section 14-22(a): Standard 1: Events This property is associated with events that have made a recognizable contribution to the broad patterns of the history of the community, State or Nation. It is associated with either (or both) of these two (2) types of events: a) A specific event marking an important moment in Fort Collins prehistory or history; and/or b) A pattern of events or a historic trend that made a recognizable contribution to the development of the community, State or Nation. N/A Standard 2: Persons/Groups This property is associated with the lives of persons or groups of persons recognizable in the history of the community, State or Nation whose specific contributions to that history can be identified and documented. N/A Standard 3: Design/Construction This property embodies the identifiable characteristics of a type, period or method of construction; represents the work of a craftsman or architect whose work is distinguishable from others by its characteristic style and quality; possesses high artistic values or design concepts; or is part of a recognizable and distinguishable group of properties. 8.2 Packet Pg. 77 Attachment: Landmark Designation Application (8979 : 425 Mathews Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 3 The Brown-Gooding Property is an excellent example of brick “Free Classic” Queen Anne architecture in Fort Collins, featuring a prominent curved front porch with a central, Classically-styled dormer above and Doric porch columns. The home is also among the most prominent surviving examples of the work of master craftsman Herman Schroeder, a significant builder and carpenter who arrived in Fort Collins in 1878 and constructed or worked on buildings of all types, most in downtown or to its south and east. Late- Victorian styling, red brick walls, and ornate wood detailing especially on porches, were indicative of Schroeder’s work in the community. The property at 425 Mathews is among the most significant and best preserved of his residential projects. Standard 4: Information Potential This property has yielded, or may be likely to yield, information important in prehistory or history. N/A Integrity is the ability of a site, structure, object or district to be able to convey its significance. The integrity of a resource is based on the degree to which it retains all or some of seven (7) aspects or qualities set forth in Fort Collins Municipal Code Section 14-22(b): location, design, setting, materials, workmanship, feeling and association. All seven qualities do not need to be present for a site, structure, object or district to be eligible as long as the overall sense of past time and place is evident. Standard 1: Location is the place where the resource was constructed or the place where the historic or prehistoric event occurred. The home has not been moved since its initial construction. Standard 2: Design is the combination of elements that create the form, plan space, structure and style of a resource. The property retains strong integrity of overall design, including its red brick exterior, Classical features such as the rounded porch with Doric columns and the gable end, Victorian-style flared eaves. Standard 3: Setting is the physical environment of a resource. Setting refers to the character of the place; it involves how, not just where, the resource is situated and its relationship to the surrounding features and open space. The property retains strong integrity of setting in a residential area southeast of downtown Fort Collins. Historic landscape elements such as mature tree cover, a setback from the street, and a generally residential landscape surrounding the building are retained. Most of the homes built around 425 Mathews in the early 1900s remain and retain good integrity themselves. The primary loss of integrity to the historic setting have been related to redevelopment of the Mulberry Avenue corridor. The road is now a primary arterial, adding road noise to what was once a quieter residential street, and leading to the demolition of the frame E.J. Gregory House, another Schroeder building 8.2 Packet Pg. 78 Attachment: Landmark Designation Application (8979 : 425 Mathews Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 4 that neighbored the property to the south at 429 Mathews. It was replaced by the current commercial building in 1977. Standard 4: Materials are the physical elements that form a resource. The property retains excellent integrity of materials. The historic stone and brick masonry is retained and in generally good condition, as well as the historic wood windows and wood front porch. While the original wood shingle roof has since been replaced with various iterations of asphalt, the building’s exterior, and that of its garage in the rear, appear generally unaltered. Standard 5: 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. The property retains strong integrity of workmanship, especially to Herman Schroeder’s building technique. The combination of detailed carpentry adorning simple masonry is intact, and the detailing of wood porch pillars and the curved porch roof and footprint is retained, all character-defining aspects of Schroeder’s work. Standard 6: Feeling is a resource’s expression of the aesthetic or historic sense of a particular time. It results from the presence of physical features that, taken together, convey the resource's historic or prehistoric character. The property has strong integrity of historic feeling. Aside from modest changes to the integrity of setting, the property’s overall character retains the sense of the building as an early-twentieth century residence in a neighborhood adjacent to a commercial downtown. Standard 7: Association is the direct link between an important event or person and a historic or prehistoric resource. A resource 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. The property has strong integrity of association due to its strong integrity of design, workmanship, and materials. Primarily significant as an indicative work of Herman Schroeder, his craftsmanship is still evident and easily recognizable, making the connection between the building’s current condition and its construction in 1903 apparent. 8.2 Packet Pg. 79 Attachment: Landmark Designation Application (8979 : 425 Mathews Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 5 HISTORICAL INFORMATION Herman W. Schroeder constructed the Brown-Gooding House in 1903 for Clyde H. and Addie Brown. Clyde Brown was one of three sons of early Fort Collins resident James A. Brown who arrived in 1868 and worked as a wagonmaker, farmer, and cattle rancher. The vacant property on which 425 Mathews would be built changed hands several times over the late-1800s as part of the land speculation typical of the period. In 1902, James Brown appears to have purchased the property and transferred it to his son the following year to allow for the construction of the current home. The period of significance for the property is 1903, although the c.1912 carriage house is also a contributing element as an unusual example of a common addition to the back yards and rear alleys of buildings throughout the neighborhood.0F 1 The home stands as a strong example of Free Classic Queen Anne architecture in Fort Collins. The Queen Anne style was part of the assortment of house styles common in the late-Victorian era in the 1870s through the 1900s. It was defined by asymmetrical massing, varied textures, and on higher-style examples, intricate detailing in carpentry, shingles, and brickwork. Among the more common variations of the Queen Ann, especially in the 1890s and 1900s, was the Free Classic. A precursor to the more formal Classical Revival buildings that would become popular in the 1900s- 1920s, the Free Classic Queen Ann and added certain Classical features to it, often in a front or wrap-around porch. While these homes retained their asymmetrical massing and other Queen Anne features, they adopted modest Classical detailing as well, specifically Classical columns on the porch, dentil molding along the eaves, and sometimes prominent stone sills and lintels. The property at 425 Mathews is an extremely well-preserved example of this style in Fort Collins, exhibiting a rare, rounded front porch along with the other defining features of this style. It stands as an excellent example of a period home built for a middle class Fort Collins family. Clyde was a graduate of Fort Collins High School and attended Colorado State Agricultural College (now Colorado State University). He was a partner in the Mathews and Brown meat cutting and packing firm in the Miller Block on Linden Street (southwest corner of Linden & Walnut). Clyde and Addie lived in this residence until 1909 when they moved to Laramie, Wyoming for several years. In 1912, they returned to Fort Collins but took up residence at 1220 W. Mountain before moving to a home at 526 S. Howes, a brick Victorian-style residence that remains on that location. Brown worked for the Great Western Sugar Company and maintained a cattle ranching operation, the Brown Acres Ranch, in Poudre Canyon for many years and was a member of the Indian Relic Hobby Club. Among the organization’s first projects was utilizing the Works Progress Administration to relocate the Antoine Janus cabin from Laporte to Fort Collins Later in 1941, Clyde Brown became the first curator of the Fort Collins Museum built in northeast Lincoln Park 1 Ansel Watrous, History of Larimer County, Colorado, (Fort Collins, CO: The Courier Printing & Publishing Company, 1911), p367; 425 Mathews, research and survey folder (including title search), Historic Preservation Services, Community Development & Neighborhood Services, City of Fort Collins (hereafter, HPS-CDNS), 281 N. College Avenue, Fort Collins, CO; “Fort Collins, Colorado,” Sanborn Fire Insurance Company, 1901, 1906, 1909, 1917, Library of Congress, https://www.loc.gov/collections/sanborn-maps/?q=fort+collins+colorado, accessed December 23, 2019; Fort Collins City Directory, 1903, 425 Mathews, HPS-CDNS; from Fort Collins History Connection, Fort Collins Museum of Discovery (hereafter FCMOD), https://history.fcgov.com/, accessed December 24, 2019. 8.2 Packet Pg. 80 Attachment: Landmark Designation Application (8979 : 425 Mathews Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 6 (now Library Park, roughly in the location of the current public library), serving in that position until 1960. The institution that Brown helped found eventually relocated to the former Fort Collins Library building on the west side of Library Park before recently relocating to North College Avenue and rebranding as the Fort Collins Museum of Discovery.1F 2 Mr. Brown is a notable figure in Fort Collins’ social and educational history and intact properties related to his significance work in Fort Collins would likely be eligible for Landmark designation under Standard 2. However, the 425 Mathews property is not appropriately related to his importance to Fort Collins history to qualify under that criteria. The property best associated with that significance, the Fort Collins Museum building (1940), was demolished to make way for the Fort Collins Public Library, built in 1976. The next most appropriate property is the residence where the Brown family spent the majority of their time in Fort Collins, including while Clyde Brown worked as curator, which is at 506 S. Howes. The home at that address has strong historic integrity and may be eligible for Landmark designation.2F 3 The Work of Herman W. Schroeder Herman W. Schroeder, the builder of 425 Mathews, was among Fort Collins’ most prominent residential builders during Fort Collins’ early development booms in the late-nineteenth and early-twentieth centuries. Schroeder was born in 1855 on Doty Island in Wisconsin and moved to Fort Collins in 1878. Prior to the move, he had trained as a carpenter and joiner, which became his livelihood after the move. Schroeder’s most prominent buildings are often recognizable as he tended to construct late-Victorian style masonry buildings with multiple gables, prominent stylistic carpentry such as rounded porches, flared eaves, verge-boards, and decorative shingling in gable ends.3F 4 The Fort Collins Courier and building permit records from the early 1900s provide several detailed snapshots of Schroeder’s building career in Fort Collins. Although he completed some commercial and institutional projects, such as lumber yard warehouses and the Fort Collins Hospital at 300 Mathews, he was most accomplished for residential construction in the neighborhoods south and east of downtown. Many of his projects in and near the commercial downtown have since been demolished or redeveloped, while most of his intact work is generally within the Laurel School Historic District. Between 1884 and 1925, Schroeder appears frequently as the builder for homes throughout the neighborhood, sometimes working with architects on larger projects for wealthier families, sometimes designing homes himself. He was also elected the City’s first building inspector under a new ordinance passed in early 1907 to enforce basic building and fire codes.4F 5 2 Fort Collins City Directory, 1909-1910, FCMOD. 3 Larimer County City Directory, 1913-1914, p18, and 1917, p30, and Fort Collins City Directory, 1940, p13, FCMOD. 4 Watrous, 418-419. 5 Fort Collins Courier, March 27, 1907, p4, through Colorado Historic Newspapers Collection, https://www.coloradohistoricnewspapers.org/, accessed December 23, 2019. 8.2 Packet Pg. 81 Attachment: Landmark Designation Application (8979 : 425 Mathews Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 7 Of the documented Herman Schroeder projects in Fort Collins, most are late Victorian in style, usually brick Queen Anne-style cottages with Classical features incorporated into prominent front porches, sometimes added after construction. However, as a carpenter and joiner, some of Schroeder’s projects include frame cottages, although with similar design and features. Later in his career, by the 1920s, Schroeder completed a few projects in the contemporary Arts-and- Crafts styles. Below is a list of surviving buildings attributed to Mr. Schroeder that are good reflections of his work (Note: other surviving examples meeting this criteria may still survive, but may not have been confirmed as Schroeder buildings at the time of this nomination): Known Projects of Herman W. Schroeder, Builder5F 6 Date Project Name Location & Details Type of work 1893 Frank Avery House addition Builder & carpentry 1900 421 Mathews 421 Mathews, 6-room cottage adjoining Schroeder’s own building Builder/owner 1900 608 Remington Builder 1902 Schroeder Residence 419 S. Mathews, 6-room brick cottage (Landmarked) Builder (owner & resident) 1902 S.B. Purdy residence 216 Remington, 6-room brick home (curved porch) Builder 1902 John C. Thompson residence 602 S. Peterson, 5-room brick home Builder 1903 Schroeder House – porch addition 419 Mathews, Addition to Schroeder’s personal residence Builder (owner & resident) 1903 Brown House (this property) 425 Mathews Builder 1903 Nelson House 313 E. Magnolia Builder 1904 Sperr House 633 Mathews; rounded porch Builder 1905 Mrs. Joseph Murray residence 629 S. Howes, 8-room brick Builder (w/ Lunn) 6 Fort Collins Courier, “Local News,”, August 7, 1884, p5, and “Some Good Houses,” August 31, 1893, p1, November 11, 1897, p1, and July 14, 1898, p1, and The Weekly Courier, “City and Country,” September 28, 1899, p3, and “Opens Well,” February 8, 1900, p6, and “Fort Collins’ Splendid Building Record,” January 2, 1902, p3, and “A Handsome Home,” November 12, 1902, p7, and January 14, 1903, and “New Homes for New People,” January 4, 1905, p1, and January 11, 1905, p6, and “City and Country,” January 18, 1905, p6, and November 29, 1905, p7, and December 27, 1905, p1, and “Fort Collins’ Handsome and Well Equipped Hospital,” November 21, 1906, p7, through Colorado Historic Newspapers Collection, https://www.coloradohistoricnewspapers.org/, accessed December 23, 2019; Building permit records, FCMOD, accessed December 24, 2019. 8.2 Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 8 Known Projects of Herman W. Schroeder, Builder5F 6 Date Project Name Location & Details Type of work 1905 Joseph Kahn residence corner of Matthews and Myrtle, brick (unsure of which building; all 4 are brick in 1906) Builder 1905 James B. Arthur estate 328-334 E. Mulberry, 8- room residence Builder, Albert Bryan (architect) 1906 Fort Collins Hospital 301 E. Magnolia Builder 1920 1-story Craftsman 701 Mathews Builder 1925 2-story Craftsman 730 Mathews Builder Residents of 425 Mathews Despite the significance of Clyde and Addie Brown to Fort Collins’ social and business history, their time at 425 Mathews was short-lived. In 1909, the Browns departed for Wyoming but retained ownership of the home, renting it to Harry W. and Grace Hooper. Harry Hooper was a superintendent at the Great Western Sugar Company plant northeast of the city. However, in 1913, the Hoopers left and the Browns sold the property to Dr. Bert A. Gooding and his wife May. Dr. Gooding operated a medical practice out of the home for several years, later moving his practice to the Physicians Building at 125-127 S. College Avenue along with six other medical professionals. Gooding practiced medicine in Fort Collins for 17 years until his death in October 1923 of a brain hemorrhage caused by apoplexy. During that time, Gooding was involved with several organizations in the community, including the board that pushed for the Poudre canyon road that became Colorado Route 14.6F 7 Based on available research, while Gooding appears to have been involved in many facets of Fort Collins’ development and public life in the 1910s and 1920s, he does not appear to rise to the level needed to recognize the home for his contributions. As a medical professional, he was one of several working in Fort Collins at the time, and he managed much of his day-to-day practice either at the Fort Collins Hospital at 301 E. Magnolia Street or the Physician’s Building at 127 S. College Avenue. Further research into Gooding’s contributions to social organizations and recreational tourism may change this assertion. The Gooding family retained the home for many years after, passing it to Edna (Gooding) O’Neill and her husband Frank in 1925. It appears that the estate fell into financial trouble as in 1925, Edna O’Neill established a Deed of Trust with Christine Jensen, who eventually filed a suit in 1932 for the sum of $2,562.05, presumably a lien as a result of a loan Ms. Jensen had provided to the O’Niells. The following year, the property was listed as vacant, but Ms. Jensen purchased the property through public auction as her residence, later selling it to Mabel F. Smith in 1937, the 7 Larimer County Directory, 1913-1914, 1917, 1919, FCMOD; “Dr. Bert A. Gooding Dies Thursday from Apoplexy,” Fort Collins Coloradoan, October 11, 1923, p1, from www.coloradoan.com, accessed December 24, 2019. 8.2 Packet Pg. 83 Attachment: Landmark Designation Application (8979 : 425 Mathews Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 9 latter being a widow of Lester Smith who had served in the U.S. Air Force, in 1937. Smith appears to have either rented the property or taken on boarders, as several other occupants appear in city directories during that time. In 1940, Raymond E. Dunlap, a truck driver for Poudre Valley Bottling Works resided at the house. In 1962, Mabel Smith sold the property to Dorothy Sess, although she continued to reside at the property along with other boarders until her death in 1971. In 1962, a student named Donald Atkinson resided at the address with Ms. Smith. Ms. Sess held the property until 1976 before selling it to Scavo-Doughterty Building, Inc.. During that time, Ms. Sess also appears to have rented the property. That company, which is currently housed in the office building just south of 425 Mathews, held the property as a rental under varying names including T J Investments until Sarah Breseke and Wouter Montfrooij purchased it in 2019.7F 8 ARCHITECTURAL INFORMATION Construction Date: 1903 Architect/Builder: Herman W. Schroeder Building Materials: Wood, brick, stone, concrete Architectural Style: Queen Anne (Free Classic) Description: Constructed in 1903 by Herman W. Schroeder, the building is a roughly rectangular brick, Free Classic Queen Anne style residence of one-and-one-half stories. The building has a hipped, asphalt composition shingle roof with flared, boxed eaves and a frieze with simple detailing and decorative dentil molding. The walls are red brick laid in a running bond (suggesting spacing and metal ties between the wythes to provide stability). The building sits on a rough square-cut, ashlar stone foundation. It has three dormers, including a central front gable dormer with a double-pitch gable roof, and two side dormers with hipped roofs, flared eaves, and single-sash windows. It has a prominent, rounded wood porch with matching eaves and dentil molding, solid wood panel half walls, and eight Doric columns bracing the round roof. All windows are wood of varying configurations, most of which have rough-cut stone lintels and sills. The façade of the building faces east onto Mathews Street and contains both a prominent, double-pitch, Classical-style dormer as well as the prominent, rounded porch. The porch includes Classical detailing to match the rest of the house at the eave line, as well as four Doric columns on either side of the central entry and stoop. The porch has wood tongue-and-groove decking and beadboard ceilings. The central wood panel door is centered in a projected entry hall that extends from the wall plane by approximately six feet. The door has a vertical three-light configuration with long, single-light sidelights flanking on either side. On either side of the east entry, on the north and south walls of the projection are long one- over-one wood sash windows with rough cut stone lintels and sills. Flanking the projection on either side are large cottage-style wood windows. Along the porch half-wall, there is simple wood paneling. Below the deck, flat wood boards cover the porch foundation, which consists of pilings over a poured concrete perimeter wall foundation. A slab stone walkway extends from the sidewalk, including two steps to 8 425 Mathews, research and survey folder (including title search), HPS-CDNS; Larimer County Directory, 1925, 1929, 1931, 1933, 1936, 1938, and Fort Collins City Directory, 1940, 1948, 1950, 1957, 1960, 1962, 1963, 1966, 1969, FCMOD; “Real Estate Transfers,” April 22, 1962, p4, and “Obituaries – Mabel Smith,” March 5, 1971, p3, Fort Collins Coloradoan. 8.2 Packet Pg. 84 Attachment: Landmark Designation Application (8979 : 425 Mathews Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 10 meet the rise from sidewalk to stoop. The porch has a concrete three-stair stoop with modern metal railings. There is a brick chimney covered in concrete stucco on the roof slope. The north elevation is fairly simple, broken by a pair of wood sash one-over-one windows near the front (northeast) corner, along with a single matching window toward the rear, both with rough-cut stone lintels and sills. Near the center of the elevation interrupting the stone foundation is a wood basement window with an arched brick lintel, but it is boarded over. Breaking the roof above the eave is a small hipped-roof dormer with flared eaves, wood shingle siding, and dentil molding matching the rest of the house. The dormer has a small cottage-style window on its northern face. The south elevation includes a dormer matching that on the north elevation. It has a rounded bay window with three wood, one-over-one sash windows matching those elsewhere on the house. Along the foundation of the bay, three small wood windows interrupt the foundation, but are currently boarded over. The roof remains flat over the bay. Farther west along the wall is a single, shorter one- over-one wood sash window. Near the rear (southwest) corner is a paired window of matching the others on the house. There is an entrance into the basement, with a concrete block wall with concrete stucco extending several feet away from the house wall in an ell configuration to shelter the staircase. The rear (west) elevation facing the alley is defined by a gable dormer breaking the eave-line with a large, cottage-style wood window on the upper floor. On the first floor, two one-over-one wood sash windows of different sizes break the wall plane, with matching stone lintels and sills. Near the elevation’s southwest corner is a frame mud porch on a poured concrete foundation, likely added after the construction of the home by 1906 (the addition appears on a Sanborn insurance map from that year).8F 9 The mud porch has a hipped roof and corrugated metal siding. It has a simple panel door with large single-light on its west elevation, with a three-step concrete stoop. Windows in the mud room addition are all wood two-by-two casements, with a set of two on the addition’s south elevation, and a set of three on the west elevation. Just north of the addition is a coal chute faced with rough-cut stone. There is a red brick chimney on the main roof slope above the addition. At the rear of the lot along the alley is a two-bay, single-story carriage house constructed c.1912 by the Gooding family.9F 10 It has concrete walls, a hipped roof with exposed rafters, and large, vertical board swinging carriage doors. Both doors included a fixed, wood, two-by-three window but both have been boarded over. There is a large poured concrete pad in front of the doors, and no windows on other elevations. A different set of frame sheds appears on the property on the 1906 Sanborn but they were demolished and replaced with the carriage house by 1917. Carriage houses like these were common additions during the 1910s and 1920s for middle class families that could afford automobiles. In most cases, like this one, the carriage house or garage was constructed at the rear of the lot to provide alley access, and was comparatively small, housing only 1-2 vehicles. While occasionally, garages had stylistic connections to the primary residence, in most cases they were simple frame or masonry structures that 9 Sanborn Fire Insurance Company, “Fort Collins,” 1906, p12, through the Library of Congress, https://www.loc.gov/collections/sanborn-maps/?q=fort+collins+colorado, accessed December 23, 2019. 10 Survey records suggest c.1912 construction but the first primary source to mention the carriage house is the 1917 Sanborn for the area, which shows the carriage house with concrete construction and wood doors. Sanborn Fire Insurance Company, 1917, p15. 8.2 Packet Pg. 85 Attachment: Landmark Designation Application (8979 : 425 Mathews Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 11 were constructed for economy rather than aesthetic value. The garage at 425 Mathews is a contributing accessory structure to the primary historic property. The setting surrounding the residence at 425 Mathews reflects the evolution of this residential neighborhood since its initial construction in the 1890s and 1900s. On the property itself, an old-growth elm (Ulmus sp.) rests in the front yard while a tall Rocky Mountain Juniper (Juniperus scopulorum) sits near the northwest corner of the main house. Mathews Street is lined with mature trees, mostly elms with some cottonwoods (Populus deltoides), with regular setbacks for buildings and mostly planted grass comprising front and rear lawns. Some redevelopment has taken place in the neighborhood due to its proximity to Mulberry Street, an arterial road, directly to the south. The E.J. Gregory House, another Herman Schroeder-constructed building at 429 Mathews, was demolished in the 1970s to make way for the current office building that fronts Mulberry Street, constructed in 1977.10F 11 List of Alterations to Building11F 12 • c.1906 – construction of mud room onto rear of house • c.1912 – Construction of concrete garage • 1927 – Painting wood trim and other features (Cleland Bull, contractor)12F 13 • 1937 – Work on “archways.”13F 14 • 1948 – Reshingled roof.14F 15 • 1954 – Replacement of roof with rolled asphalt.15F 16 • Unknown dates – addition of stucco to some masonry features, including basement stair and front brick chimney; construction of rear mud room/porch. 11 Larimer County Assessor, Parcel Number 9712331001, https://www.larimer.org/assessor/search#/detail/R0046493/building, accessed December 23, 2019. 12 Building permit records, FCMOD. 13 Permit no. 4648, March 27, 1927, Building permit records, FCMOD. 14 Permit no. 4648, March 27, 1937, Building permit records, FCMOD. 15 Permit no. 10429, April 8, 1948, Building permit records, FCMOD. 16 Permit no. 13848, August 16, 1954, Building permit records, FCMOD. 8.2 Packet Pg. 86 Attachment: Landmark Designation Application (8979 : 425 Mathews Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 12 REFERENCE LIST or SOURCES of INFORMATION Building Permit Collection. Fort Collins History Connection: An Online Collaboration between FCMoD and PRPLD. https://history.fcgov.com/collections/building-permits. City Directory Collection. Local History Archive at the Fort Collins Museum of Discovery. Fort Collins, CO. City of Fort Collins Historic Preservation Services. Building Permit Collection. Community Development and Neighborhood Services Building. Fort Collins, CO. Colorado Historic Newspapers Collection. Colorado State Library. https://www.coloradohistoricnewspapers.org Fort Collins Coloradoan. Online archives. https://coloradoan.newspapers.com/ Landmark Web Official Records Search. Larimer County Clerk and Recorder. https://records.larimer.org/LandmarkWeb/Home/Index. Sanborn Maps Collection, Library of Congress. https://www.loc.gov/collections/sanborn- maps/?q=fort+collins+colorado Local History Archive at the Fort Collins Museum of Discovery. Tax Assessor Card Collection. Fort Collins, CO. ———. Historical Image and Postcard Collection. Fort Collins, CO. Watrous, Ansel. History of Larimer County. Fort Collins: The Courier Printing and Publishing Company, 1911. 8.2 Packet Pg. 87 Attachment: Landmark Designation Application (8979 : 425 Mathews Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 13 MAPS and PHOTOGRAPHS 8.2 Packet Pg. 88 Attachment: Landmark Designation Application (8979 : 425 Mathews Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 14 8.2 Packet Pg. 89 Attachment: Landmark Designation Application (8979 : 425 Mathews Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 15 Figure 1: 1901 Sanborn Fire Insurance map, showing vacant property (p7). Figure 2: 1906 Sanborn Fire Insurance map, showing completed house and original sheds (p15). Future site of Brown-Gooding Property Brown-Gooding Property 8.2 Packet Pg. 90 Attachment: Landmark Designation Application (8979 : 425 Mathews Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 16 Figure 3: 1917 Sanborn Fire Insurance map, showing completed auto garage at rear of property (p15). Image 1: East façade, looking west across Mathews Street (December 23, 2019). Brown-Gooding Property 8.2 Packet Pg. 91 Attachment: Landmark Designation Application (8979 : 425 Mathews Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 17 Image 2: East façade, looking west (December 23, 2019). Image 3: East façade and south elevation, looking west showing side basement entry and curved bay window (December 23, 2019). 8.2 Packet Pg. 92 Attachment: Landmark Designation Application (8979 : 425 Mathews Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 18 Image 4: North elevation, looking southwest (December 23, 2019). Image 5: Rear (west) elevation, looking east and showing rear mud porch addition (December 23, 2019). 8.2 Packet Pg. 93 Attachment: Landmark Designation Application (8979 : 425 Mathews Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 19 Image 6: Bay window and south elevation, looking west (January 13, 2020). Image 7: Basement stair and masonry wall w/ concrete reinforcement (January 13, 2020). 8.2 Packet Pg. 94 Attachment: Landmark Designation Application (8979 : 425 Mathews Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 20 Image 8: Garage and rear yard, looking northwest (January 13, 2020). Image 9: Garage south elevation with parking pad, looking northeast (December 23, 2019). 8.2 Packet Pg. 95 Attachment: Landmark Designation Application (8979 : 425 Mathews Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 21 Image 10: Garage north and west elevations, looking southeast (December 23, 2019). Image 11: Properties neighboring to the north, both constructed by Herman Schroeder. On the left is 421 Mathews, and on the right is 419 Mathews, Schroeder’s personal residence and a Fort Collins Landmark (December 23, 2019). 8.2 Packet Pg. 96 Attachment: Landmark Designation Application (8979 : 425 Mathews Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 22 Image 12: Rear portion of the south elevation, showing the pair and single windows on the elevation behind the curved bay window (December 23, 2019). Image 13: Close-up image of windows on south elevation (in image 12), looking north (January 13, 2020). 8.2 Packet Pg. 97 Attachment: Landmark Designation Application (8979 : 425 Mathews Landmark) 8.2 Packet Pg. 98 Attachment: Landmark Designation Application (8979 : 425 Mathews Landmark) 8.2 Packet Pg. 99 Attachment: Landmark Designation Application (8979 : 425 Mathews Landmark) 1 Application for Fort Collins Landmark Designation – 425 Mathews Street – Brown-Gooding Property ATTACHMENT 3 8.3 Packet Pg. 100 Attachment: Photos (8979 : 425 Mathews Landmark) 2 425 Mathews – Brown-Gooding Property Clyde Brown, c.1951, Fort Collins History Museum (Fort Collins Museum of Discovery) Herman W. Schroeder (Watrous, 1911) 421 Mathews (Schroeder project), and right, the Herman Schroeder House (built by and for Herman Schroeder). Typical examples of his late- Victorian style, including the curved porch on the right. 8.3 Packet Pg. 101 Attachment: Photos (8979 : 425 Mathews Landmark) 3 425 Mathews – Brown-Gooding Property East façade of 425 Mathews, showing unique curved Free Classic East façade and south elevation showing curved bay window. porch. 8.3 Packet Pg. 102 Attachment: Photos (8979 : 425 Mathews Landmark) • Construction: • Brown-Gooding Property, 1903 • Garage, c.1912 • Standards of Significance: • 3 (Design/Construction) • Exterior Integrity: Location, Design, Setting, Materials, Workmanship, Feeling, and Association 4 425 Mathews – Brown-Gooding Property 8.3 Packet Pg. 103 Attachment: Photos (8979 : 425 Mathews Landmark) ATTACHMENT 4 8.4 Packet Pg. 104 Attachment: Landmark Preservation Commission Resolution No. 2, 2020 (8979 : 425 Mathews Landmark) 8.4 Packet Pg. 105 Attachment: Landmark Preservation Commission Resolution No. 2, 2020 (8979 : 425 Mathews Landmark) -1- ORDINANCE NO. 068, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE BROWN-GOODING PROPERTY, 425 MATHEWS STREET, FORT COLLINS, COLORADO, AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS, pursuant to City Code Section 14-1, the City Council has established a public policy encouraging the protection, enhancement and perpetuation of historic landmarks within the City; and WHEREAS, by resolution adopted on January 15, 2020, the Landmark Preservation Commission (the “Commission”) determined that the Brown-Gooding Property, 425 Mathews Street, in Fort Collins, as more specifically described in the legal description below (the “Property”), is eligible for landmark designation pursuant to City Code Chapter 14, Article II, for the property’s high degree of all seven standards of integrity under City Code Section 14- 22(b)(1-7), and for the property’s significance to Fort Collins under Standard of Significance 3, Design/Construction, contained in City Code Section 14-22(a)(1) and 14-22(a)(3); and WHEREAS, the Commission further determined that designation of the Property will advance the policies and purposes set forth in City Code Sections 14-1 and 14-2 in a manner and extent sufficient to justify designation; and WHEREAS, the Commission recommends that the City Council designate the Property as a Fort Collins landmark; and WHEREAS, the owner of the Property has consented to such landmark designation and desires to protect the Property; and WHEREAS, such landmark designation will preserve the Property’s significance to the community; and WHEREAS, the City Council has reviewed the recommendation of the Commission and desires to follow such recommendation and designate the Property as a landmark; and WHEREAS, designation of the Property as a landmark is necessary for the prosperity, civic pride, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Property located in the City of Fort Collins, Larimer County, Colorado, described as follows, to wit: Packet Pg. 106 -2- Lot 2, Block 134, Fort Collins; also known by street and number as 425 Mathews Street, City of Fort Collins, County of Larimer, State of Colorado be designated as a Fort Collins Landmark in accordance with City Code Chapter 14. Section 3. That alterations, additions and other changes to the buildings and structures located upon the Property will be reviewed for compliance with City Code Chapter 14, Article IV, as currently enacted or hereafter amended. Introduced, considered favorably on first reading, and ordered published this 5th day of May, A.D. 2020, and to be presented for final passage on the 19th day of May, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of May, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 107 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY May 5, 2020 City Council STAFF Jim Bertolini, Historic Preservation Planner Karen McWilliams, Historic Preservation Planner Brad Yatabe, Legal SUBJECT First Reading of Ordinance No. 069, 2020, Designating the Horsley/Delta Zeta Property, 201 East Elizabeth Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. This item is coming to Council because it meets Priority 6: Items that relate to funding, operation and business activities that the City must continue despite the current crisis. This property owner has a pending Landmark Rehabilitation Loan for which funds have been requested and obligated but cannot be released without the Landmark designation in place. Delay of this first reading and subsequent second reading would delay construction activity at the property. The purpose of this item is to designate the Horsley/Delta Zeta Property, 201 East Elizabeth Street, as a Fort Collins Landmark. The owner of this property, Stephanie Walter, is initiating this request. The property is eligible for recognition as a Landmark due to its significance to Fort Collins under Designation Standards 1. Events, and 3. Design/Construction and its historic integrity. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Horsley/Delta Zeta Property at 201 East Elizabeth is significant under both Standard 1 and Standard 3 for its historical and architectural importance. The property is a significant reflection of mid-twentieth century university fraternity and sorority life in Fort Collins, specifically as a well-preserved example of a residential property east of campus purchased by a sorority in 1945 and adapted for use as a sorority house. The property is also an excellent instance of a comparatively rare surviving example of Tudor Revival architecture in Fort Collins. Although the property has evolved over time, it has strong integrity to its historic use as a sorority house and retains its character-defining features as a Tudor-Revival style residence. CITY FINANCIAL IMPACTS Recognition of this property as a Fort Collins Landmark enables its owners to qualify for local financial incentive programs available only to Landmark designated properties. Based upon research conducted by Clarion Associates, the property will likely see an increase in value following designation. Clarion Associates 9 Packet Pg. 108 Agenda Item 9 Item # 9 Page 2 attributed this increase to the fact that current and future owners qualify for financial incentives; the appeal of owning a recognized historic landmark; and the assurance of predictability that design review offers. BOARD / COMMISSION RECOMMENDATION At its January 15, 2020 meeting, the Landmark Preservation Commission (LPC) unanimously adopted a motion to recommend that City Council designate the Horsley/Delta Zeta Property as a Fort Collins Landmark in accordance with Municipal Code Chapter 14, based on the property’s significance under Standard 1, Events and Standard 3, Design/Construction and its exterior integrity based upon all seven aspects of integrity. PUBLIC OUTREACH Public outreach was limited to interaction with the property owner and presentation/approval at a regular session of the Landmark Preservation Commission. ATTACHMENTS 1. Location Map (PDF) 2. Landmark Application, with photos (PDF) 3. Photos (PDF) 4. Landmark Preservation Commission Resolution No. 1, 2020 (PDF) 9 Packet Pg. 109 Garfield St Mathews St E Elizabeth St Remington St 201 E. Elizabeth St. © 1 inch = 113 feet Site ATTACHMENT 1 9.1 Packet Pg. 110 Attachment: Location Map (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Fort Collins Landmark Designation LOCATION INFORMATION Address: 201 East Elizabeth Street Legal Description: Lot 2 and North 20 feet of Lot 3, Block 5, Crafts Re-subdivision, Fort Collins Property Name (historic and/or common): Horsley/Delta Zeta Property OWNER INFORMATION Name: 201 East Elizabeth Street, LLC, C/O Stephanie Walter Phone: (303) 233-2288 Email: swalter@farmersagent.com Mailing Address: 10025 W. 23rd Ave., Lakewood, CO 80215-1407 CLASSIFICATION Category Ownership Status Present Use Existing Designation Building Public Occupied Commercial Nat’l Register Structure Private Unoccupied Educational State Register Site Religious Object Residential District Entertainment Government Other FORM PREPARED BY Name and Title: Reyana Jones Address: 281 N. College Ave., Fort Collins, CO 80524 Phone: (970) 416-4250 Email: preservation@fcgov.com DATE: December 19, 2019 ATTACHMENT 2 9.2 Packet Pg. 111 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 TYPE OF DESIGNATION and BOUNDARIES Individual Landmark Property Landmark District Explanation of Boundaries: The boundaries of the property being designated as a Fort Collins Landmark correspond to the legal description of the property, above. The property (hereinafter the “Property”) consists of the house, constructed in 1926 (parcel no. 9713309002). STATEMENT OF SIGNIFICANCE and INTEGRITY Properties are eligible for designation if they possess both significance and integrity. Significance is the importance of a site, structure, object or district to the history, architecture, archeology, engineering or culture of our community, State or Nation. For designation as Fort Collins Landmarks or Fort Collins Landmark Districts properties must meet one (1) or more of the following standards set forth in Fort Collins Municipal Code Section 14-22(a): Standard 1: Events This property is associated with events that have made a recognizable contribution to the broad patterns of the history of the community, State or Nation. It is associated with either (or both) of these two (2) types of events: a) A specific event marking an important moment in Fort Collins prehistory or history; and/or b) A pattern of events or a historic trend that made a recognizable contribution to the development of the community, State or Nation. The Horsley/Delta Zeta Property at 201 E. Elizabeth St. is significant under Standard 1, Events, for its association with midcentury university fraternity and sorority life in Fort Collins. In the early to mid-twentieth century, the chapter house became solidified as a central component of the social functioning of Greek organizations across America. Because of their historical and classical associations, chapter houses in Revival styles, like Colonial Revival, Greek Revival, or the Tudor-revival style of the Horsley/Delta Zeta Property, were popular among sorority and fraternity houses during this period. In the early to mid-twentieth century, some fraternities and sororities in Fort Collins were able to construct dedicated chapter houses, like the Delta Delta Delta sorority at 1504 Remington St., but many others could not. Instead, some Greek societies opted to purchase already-existing mansions and convert them into chapter houses. The Delta Zeta sorority purchased this property in 1945 and moved in for the 1946-47 school year. The Delta Zetas experienced peak membership in this chapter house toward the end of the 1950s. Around the time the Delta Zetas moved into this house, many other fraternities and sororities moved to the same area just east of campus, such as the Phi Delta Theta Fraternity at 200 E. Plum St. 9.2 Packet Pg. 112 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 This house was used by two other Greek organizations, a use that continues today. The Triangle Fraternity, focused on engineering, architecture, and science, occupied the house from 1979-2006. Phi Kappa Tau, a fraternity that emphasizes “brotherhood, learning, and ethical leadership,”1 has occupied the house since 2015. Standard 2: Persons/Groups This property is associated with the lives of persons or groups of persons recognizable in the history of the community, State or Nation whose specific contributions to that history can be identified and documented. Standard 3: Design/Construction This property embodies the identifiable characteristics of a type, period or method of construction; represents the work of a craftsman or architect whose work is distinguishable from others by its characteristic style and quality; possesses high artistic values or design concepts; or is part of a recognizable and distinguishable group of properties. The Horsley/Delta Zeta Property is also significant under Standard 3, Design/Construction, as an excellent example of Tudor-revival Style architecture, a relatively uncommon style in Fort Collins. The 1925 house features a steeply-pitched roof with tile shingles, half-timbering in the upper story, and additional exterior texture from brick in the first story, all character-defining features of the Tudor-revival Style. This house has asymmetrical massing, accentuated by the projecting brick vestibule on the west elevation, and predominantly narrow windows, also indicative of the Tudor-revival Style. Additionally, architect Lester L. Jones designed this building, one of only four architects working in Fort Collins in the early 1920s. Jones’s designs included the Armstrong Hotel and the Masonic Temple in Johnstown, among others, and he was described as an “important figure associated with the International Style in pre-war Denver,”2 according to Casper Hegner, another pre-war Denver architect. This property is one of a small number of Jones’s known residential designs in Fort Collins. Standard 4: Information Potential This property has yielded, or may be likely to yield, information important in prehistory or history. Integrity is the ability of a site, structure, object or district to be able to convey its significance. The integrity of a resource is based on the degree to which it retains all or some of seven (7) aspects or qualities set forth in Fort Collins Municipal Code Section 14-22(b): location, design, setting, materials, workmanship, feeling and association. All 1 “Fraternity,” Phi Kappa Tau, https://www.phikappatau.org/about/fraternity. 2 Tamsen Kiehnhoff, interview with Casper Hegner, April 10, 1990, paraphrased in the National Register of Historic Places Registration Form for the Denver Public Library by Rodd Wheaton and Michael Paglia, June 19, 1990. 9.2 Packet Pg. 113 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 seven qualities do not need to be present for a site, structure, object or district to be eligible as long as the overall sense of past time and place is evident. Standard 1: Location is the place where the resource was constructed or the place where the historic or prehistoric event occurred. The Horsley/Delta Zeta Property has not been moved. Standard 2: Design is the combination of elements that create the form, plan space, structure and style of a resource. The exterior design of the house on the Horsley/Delta Zeta Property has changed very little since its 1926 construction. In 1951, the Delta Zeta sorority had five basement windows enlarged and a fire ladder installed as part of a renovation project,3 and in 1978, then-owner A. M. “Sandy” Oskamp had basement windows replaced with egress windows.4 At one time, the front door accentuated the medieval character of the Tudor Revival house and had large metal straps, but the design of the front door and its sidelights was changed within the last five years. The section of wall with half-timbering on the first story of the east elevation, including the multi-light windows and door, porch, and nearby basement stairway, may or may not be original to the house. There are no building permits for it, but these elements do not appear on tax assessor sketches of the property from 1948 or 1968 or on the 1925/43 Sanborn map.5 They are, however, obscured from the sidewalk and street by a fence. Standard 3: Setting is the physical environment of a resource. Setting refers to the character of the place; it involves how, not just where, the resource is situated and its relationship to the surrounding features and open space. The property’s setting has remained consistent. It is still surrounded by other residential properties, many of which were constructed in the same era. The neighborhood retains its historic character for these reasons, and this property contributes to that character. Furthermore, this property is across the street from two other houses used as “annexes” for the Delta Zeta sorority members (202 E. Elizabeth St. and 1011 Remington St.), according to former Delta Zeta Norma L. Andersen.6 Standard 4: Materials are the physical elements that form a resource. This house still has many of its historic materials. For instance, all of the windows on the first and upper stories appear to be historic wood casement windows, and the south elevation door also appears historic, as does the basement door. In addition to the house’s primary material, brick, the curved stone path and stone details on both the 3 Building Permit #12360, 1002 Remington St., Delta Zeta Sorority, July 17, 1951, Building Permit Collection, Fort Collins History Connection: An Online Collaboration Between the FCMoD and the PRPLD, http://history.fcgov.com/collections/building-permits. 4 Building Permit #60334, 201 E. Elizabeth St., Sandy Oskamp, February 16, 1978, City of Fort Collins Public Records Database, http://citydocs.fcgov.com/. 5 “Lots 2 and N 20 Ft Lot 3, Blk 5, Crafts Resub,” Tax Assessor Records 1948 and 1968, Tax Assessor Card Collection, Local History Archive at the Fort Collins Museum of Discovery, Fort Collins, CO. 6 Carl McWilliams, “Residential Building at 201 E. Elizabeth Street: Delta Zeta Sorority, Triangle Fraternity,” April 16, 2015, Digital Property File Collection, City of Fort Collins Historic Preservation Services, Community Development and Neighborhood Services Building, Fort Collins, CO. 9.2 Packet Pg. 114 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 front porch and south elevation porch have been retained. The half-timbering in the upper half-story as well as the prominent brick chimneys are also unchanged. Although the house has undergone several re-roofings, the roof material is still semi-cylindrical tile. The most significant loss of materials on this property was the 1978 demolition of the brick garage on the east side of the lot, which was built in 1926; there are no known historic photos of this garage. There is now a parking lot in its place. Most of the house’s material loss impacted basement windows and doors. Some of the basement windows on the east elevation were filled in with masonry at an unknown date. Several of the other basement windows, like those on the north and south elevations, were replaced with sliders, some in 1951, and some again in 1978. A 1997 survey done by Jason Marmor describes the front door as having “brass or bronze straps extending from [its] hinges, accentuating [the] medieval appearance;”7 based on Google Street View imagery, this door and its sidelights were replaced between 2014 and 2016. Standard 5: 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. The Horsley/Delta Zeta Property retains integrity of its historic workmanship. Architectural details indicating the workmanship of the original builder include the flared roofline on the west elevation’s gable, the decorative half-timbering in the upper story, and the brickwork on the three prominent chimneys, window sills and lintels, and east elevation bay. The bricks that make up the house themselves are artfully irregular and multi-toned as well. Standard 6: Feeling is a resource’s expression of the aesthetic or historic sense of a particular time. It results from the presence of physical features that, taken together, convey the resource's historic or prehistoric character. This house continues to feel like an early-twentieth century residence in a neighborhood adjacent to a major university. On an oversized corner lot, it was designed as an impressive mansion for a well-to-do Fort Collins farmer and ranchman, Leslie Horsley, and his family, and this feeling of grandeur remains. Standard 7: Association is the direct link between an important event or person and a historic or prehistoric resource. A resource 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. This property’s association with sorority and fraternity history in Fort Collins is well preserved because of its continued use by a fraternity. The house currently serves as a chapter house for Phi Kappa Tau fraternity, as it did for the Triangle Fraternity and Delta Zeta sorority before them. In addition to the house’s proximity to Colorado State 7 Jason Marmor, City of Fort Collins Architectural Property Reconnaissance Survey Form: Eastside Neighborhood Survey Project, 201 E. Elizabeth (Triangle Fraternity), Property File Collection, City of Fort Collins Historic Preservation Services, Community Development and Neighborhood Services Building, Fort Collins, CO. 9.2 Packet Pg. 115 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 University, the parking lot to the house’s east side is a modern allusion to this historic and current use. 9.2 Packet Pg. 116 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 HISTORICAL INFORMATION Early History Frank Ralph Leslie Horsley emigrated from the United Kingdom to America in the late nineteenth century. He came from a line of men in his aristocratic, English family who had held notable governmental, clerical, and military positions. For example, Leslie’s grandfather, John Horsley, was judge for the English government in India; his great-great-uncle, Samuel Horsley, was Bishop of Worcester, Dean of Westminster, and the last bishop to wear a wig; Leslie’s father was a military general in India and one of only three in his regiment to survive the Indian Mutiny. Leslie himself was raised in Edinburgh, Scotland. He spent several years studying agriculture and honing his farming skills before coming to America. In 1892, he moved to Livermore, Colorado and bought the 400-acre Landes farm, then the Chase place, then another 160 acres, consolidating for himself an 800-acre farm and ranch. He raised large herds of cattle, including Herefords and Shorthorns. Just two years after coming to Livermore, he married Cora A. Saxton. They had three daughters: Dorothy, Francis, and Esther.8 By 1906, the Horsleys had decided to move to Fort Collins. Leslie sold his extensive farm holdings in Livermore to Major Moore, and the family moved into a house on East Laurel Street. Leslie purchased land near town to farm. In 1907, a significant natural gas flow was discovered on his farm property, sparking excitement around the possibility of using the cheap fuel for manufacturing and other commercial endeavors; however, the much-anticipated “lake” of gas was not found on the Horsley Farm. While Leslie continued his farming and ranching work nearer to his Fort Collins home, Cora Horsley became an active member of the community. She was elected secretary of the school board and was president of the South Side club, a women’s organization. Fittingly, during a 1910 debate, she argued the disadvantages of country life. 9 In 1925, Leslie and Cora Horsley purchased Lot 2 and part of Lot 3, Block 5, in the Crafts Re- Subdivision of the Lake Park Addition from Viola R. Flower. On the title, an understanding is written dictating the direction in which any house built on the lot would face depending on its situation on the lot. If the house were further west, it would face Remington Street, and if the house were further east, it would face Elizabeth Street.10 The house the Horsleys built in 1926 did 8 Portrait and Biographical Record of Denver and Vicinity, Colorado: Containing Portraits and Biographies of Many Well Known Citizens of the Past and Present, Together with Biographies and Portraits of All the Presidents of the United State (Chicago: Chapman Publishing Co., 1898), 1129; “Marriage Licenses,” Fort Collins Courier, June 7, 1894; 1910 United States Federal Census, Lehi, UT, USA: Ancestry.com Operations Inc, 2006, https://search.ancestry.com/cgi- bin/sse.dll?indiv=1&dbid=7884&h=187282960&ssrc=pt&tid=1942031&pid=6005731763&usePUB=true. 9 “Livermore,” Weekly Courier, February 28, 1906; “Today’s News,” Weekly Courier, April 11, 1906; “Today’s News,” Fort Collins Courier, May 8, 1907; “Real Estate Transfers,” Fort Collinsn Courier, May 22, 1907; “Real Estate Transfers,” Fort Collins Courier, May 29, 1907; “Natural Gas Is Discovered on Horsley Farm,” Fort Collins Courier, August 28, 1907; “Gas Prospects to Be Developed,” Fort Collins Courier, September 18, 1907; “South Side District No. 10,” Weekly Courier, May 5, 1909; “South Side Items,” Weekly Courier, August 11, 1909; “South Side District No. 10,” Weekly Courier, January 27, 1910. 10 Warranty Deed, Viola R. Flower to Leslie and Cora Horsley, September 18, 1925, Book 514, Page 101, Title Books Collection, Larimer County Clerk and Recorder, Fort Collins, CO. 9.2 Packet Pg. 117 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 neither of those things, the front door facing northwest instead. According to the Fort Collins Express-Courier, their new $12,000 residence was considered “one of the best houses erected in Fort Collins the past year, and only another indication that the city [was] going right ahead.”11 Leslie Horsley had his brick garage built in 1926.12 The Horsleys commissioned architect Lester L. Jones to draw the plans for the house.13 L.L. Jones was one of only four architects working in Fort Collins in the early 1920s. Jones’s designs included the Armstrong Hotel in downtown Fort Collins, the Masonic Temple in Johnstown, and the Adams County Courthouse addition that nearly doubled the size of the building.14 Another notable local example of Jones’s work was his Arte Moderne design of the house at 1102 Laporte Ave., which he drew for F.L. “Roy” Toliver; this was “perhaps the only residence of this style in the city.”15 Jones started his career in Fort Collins, where he met architect Richard O. Parry, who he would partner with frequently throughout his career. By the late 1920s, Jones had moved his practice to Denver, as had Parry.16 Jones was described as an “important figure associated with the International Style in pre-war Denver,”17 by Casper Hegner, another pre-war Denver architect. Addressed originally as 1002 Remington St., this property was home to the Horsleys for many years. The family sold their house to Delta Zeta Sorority in 1945, and the Delta Zetas first occupied the house for the 1946-47 schoolyear and continued to use it as their primary chapter house through 1959. The sorority also had two “annexes” nearby this corner location, where additional members of the Delta Zetas lived: one at 202 E. Elizabeth St., directly to the north, and one at 1011 Remington St., one house down across the street.18 According to their website, the Delta Zetas were founded as a social sorority at Miami University in Oxford, Ohio in 1902. Six women founded the sorority and set it up for success, despite the challenges they faced “on a male dominated-campus, as women had just been given full status as students.”19 The sorority identifies its purpose as creating “lasting friendship” and embracing “social responsibility,” among other aims.20 11 “Leslie Horsley to Build Fine New Residence,” Fort Collins Express-Courier, November 22, 1925. 12 Building Permit #1400, 1002 Remington St., Leslie Horsley, May 13, 1926, Building Permit Collection, Fort Collins History Connection: An Online Collaboration Between the FCMoD and the PRPLD, http://history.fcgov.com/collections/building-permits. 13 Ibid. 14 Patricia Reither, “Colorado State Register of Historic Properties Nomination Form: Adams County Courthouse,” May 1, 2006, https://www.historycolorado.org/sites/default/files/media/document/2017/5AM92.pdf. 15 “Fort Collins History and Architecture: Post World War I Urban Growth, 1919-1941,” Fort Collins History Connection: An Online Collaboration between FCMoD and PRPLD, https://history.fcgov.com/contexts/post.php. 16 Reither. 17 Kiehnhoff, interview with Hegner. 18 Norma L. Anderson, interview paraphrased in Carl McWilliams, “Residential Building at 201 E. Elizabeth Street: Delta Zeta Sorority, Triangle Fraternity,” April 16, 2015, Digital Property File Collection, City of Fort Collins Historic Preservation Services, Community Development and Neighborhood Services Building, Fort Collins, CO. 19 “History,” Delta Zeta Organization, http://www.deltazeta.org/about-us/history/. 20 “Our Purpose,” Delta Zeta Organization, http://www.deltazeta.org/about-us/our-purpose/. 9.2 Packet Pg. 118 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Sororities and Fraternities Fraternities emerged on American college campuses in the early nineteenth century as the social counterpart to academically focused literary societies. The Greek-letter names of these societies were meant to evoke the prestige and distinction of learning Greek language and to represent the first letters of secret mottos, which were written in Greek. The term “sorority” was first used by Gamma Phi Beta in 1882; female Greek organizations were originally called women’s fraternities (frater means “brother” and soror means “sister” in Latin). Fraternities and sororities met regularly and hosted social events for members. By the 1890s, many Greek letter organizations began owning chapter houses where their members could live. The chapter house soon became a central component of Greek life. Between 1920 and 1929, the number of fraternity houses in the US more than doubled from 774 to 1,874. Between World War II and the 1960s, fraternity and sorority membership remained strong, and these organizations began to confront their membership policies, which could sometimes be elitist and exclusive.21 Around the time of the Vietnam War, membership in Greek organizations sank sharply because students viewed them as an “establishment idea… [that] was part of their parents’ generation,” but membership rose once more by the end of the 1970s and continues to be strong.22 At the beginning of the twentieth century, Colorado Agricultural College (Colorado State College of Agriculture and Mechanical Arts/Colorado State University), campus administration grappled with whether or not to support student participation in Greek letter societies. One of the benefits of student involvement in fraternities was that students could live in chapter houses located near campus. At the time, CAC had no student housing; the only dormitory was demolished in 1893, and others would not be built until the 1930s. Fraternities could fill that room-and-board void. Greek letter societies could also support the social development of students, while the university nurtured them academically. Conversely, the inherent exclusivity and selectivity of fraternities seemed philosophically opposed to the principles of a land-grant university.23 And inevitably, some students would be left out of the fraternities or sororities and still lack housing. Author and local historian Barbara Fleming associates Charles Lory, a university president in 1909, with the emergence of Greek letter organizations at CAC; Lory had himself belonged to a fraternity in college, and so supported their advancement.24 21 Michael A. Grandillo, “Social Fraternities and Sororities: History, Characteristics of Fraternities and Sororities, Reforms and Renewal,” Education Encyclopedia, State University, https://education.stateuniversity.com/pages/2429/Social-Fraternities-Sororities.html. 22 Linda Perry, Kappa Delta President, Quoted in “There’s a Greek Success Story at CSU” by Judy Puckett, Coloradoan, September 14, 1977, CSU Fraternities and Sororities Vertical File, Local History Archive at the Fort Collins Museum of Discovery, Fort Collins, CO. 23 Land-grant universities were given benefits and funds by the federal government under the Morrill Acts of 1862 and 1890; the federal government gave states land specifically to establish these universities. The intention was to address some of the structural change brought on by the Industrial Revolution, so the schools established as land- grant universities focused on agriculture, engineering, and science rather than just “classical” education and liberal arts; this transformed the diversity of the classes of people who attended college. 24 Barbara Fleming, “Early Greek Life at CSU,” Coloradoan, March 29, 2015, https://www.coloradoan.com/story/news/2015/03/30/early-greek-life-colorado-state-university-fort-collins/70642792/. 9.2 Packet Pg. 119 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Fraternity and sorority membership remained strong in Fort Collins even through the Great Depression and World War II. Membership in Delta Zeta sorority, for example, more than tripled between 1948 and 1958 from 15 to 55.25 Perhaps anticipating this growth, Delta Zeta sorority purchased the mansion-like home at 1002 Remington St. from the Horsleys in 1945. In 1951, the Delta Zetas remodeled the interior of the house and also had five of the basement windows enlarged.26 The sorority sold the house to Beta Sigma of Delta Zeta Building Corporation 1957, which seems to have been a simple administrative change in title holder name (Beta Sigma was the name of the CSU chapter of Delta Zeta), and continued to use the property until 1959, when it was sold to Edmund F. Schulz, a teacher and researcher at CSU, and his wife, Violet E. Schulz. This sale included all of the rugs, mirrors, drapes, and other trappings of the house not specifically owned by individual sorority members or the house mother, according to the deed.27 Later History Schulz sold the Horsley/Delta Zeta Property to Victor W. and Elizabeth F. Sothers in 1963; in addition to using the house as a residence, Victor used it as his professional photography studio, and Elizabeth worked as the receptionist for the business.28 It was between 1966 and 1968 that the address changed from 1002 Remington St. to 201 E. Elizabeth St., according to City Directories.29 Then, in 1977, the Sotherses sold to Alexander M. “Sandy” Oskamp for $80,000. Oskamp worked in real estate. He had some of the house’s windows in the basement replaced with egress windows in 1978, and he also had the garage torn down and a parking lot put in its place in addition to some landscaping.30 In May of the same year, Oskamp received a Certificate of Occupancy for the property, officially changing it from a single family residence to a fraternity/boarding house.31 Soon after, he made an agreement with the Triangle Fraternity of Colorado State University for them to purchase the property at 201 E. Elizabeth St. on installment. The title officially transferred to them in 1982.32 25 McWilliams. 26 Building Permit #12360, 1002 Remington St., Delta Zeta Sorority, July 17, 1951, Building Permit Collection, Fort Collins History Connection: An Online Collaboration Between the FCMoD and the PRPLD, http://history.fcgov.com/collections/building-permits. 27 Warranty Deed, Beta Sigma of Delta Zeta Building Corporation to Edmund Schulz, et al., November 4, 1959, Book 1102, Page 337, Title Books Collection, Larimer County Clerk and Recorder, Fort Collins, CO. 28 1963-77 City Directories, City Directory Collection, Local History Archive at the Fort Collins Museum of Discovery, Fort Collins, CO. 29 Ibid. 30 Building Permit #60334, 201 E. Elizabeth St., Sandy Oskamp, February 16, 1978, City of Fort Collins Public Records Database, http://citydocs.fcgov.com/.; Building Permit #60892, 201 E. Elizabeth St., Sandy Oskamp, April 20, 1978, City of Fort Collins Public Records Database, http://citydocs.fcgov.com/. 31 Certificate of Occupancy, 201 E. Elizabeth St., Sandy (A.M.) Oskamp, City of Fort Collins Public Records Database, http://citydocs.fcgov.com/.http://history.fcgov.com/collections/building-permits. 32 Agreement, A.M. Oskamp, Jr. and Triangle Fraternity of Colorado State University, Inc., July 12, 1978, Larimer County Official Records Search, Larimer County, https://records.larimer.org/landmarkweb; Warranty Deed, A.M. Oskamp, Jr. to Triangle Fraternity of Colorado State University, Inc., September 15, 1982, Larimer County Official Records Search, Larimer County, https://records.larimer.org/landmarkweb. 9.2 Packet Pg. 120 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 The Triangle Fraternity, according to their mission statement, focuses on engineering, architecture, and science.33 Like the Delta Zetas before them, the Triangle Fraternity purchased the Horsley/Delta Zeta Property at a time when membership was swinging upward. Between 1979 and 1985, their membership more than doubled from 13 to 27. The mid-eighties seem to be the peak of their membership.34 The Triangle Fraternity is still an active fraternity at CSU today. In 2006, Triangle Fraternity sold the Horsley/Delta Zeta Property to the Dennis Dowswell Living Trust for $500,000. Dowswell had planned to turn the property into a bed-and-breakfast, but that idea did not come to fruition. He instead chose to keep the property as a fraternity house rather than applying for another change of use permit.35 However, the property was not actually used as a fraternity house for a number of years under Dowswell’s ownership, creating a controversy in the neighborhood upon the 2015 sale of the property to Paul Milewski and Julie Rickett, who intended to rent the house to Phi Kappa Tau fraternity. Re-establishing the use of the property as a fraternity house required action from the City and its government boards.36 Neighborhood residents pushed back against the proposal in correspondence with the City and at public meetings, citing concerns about insufficient parking for a fraternity and noise in the neighborhood.37 With stipulations limiting occupancy and the size of fraternity meetings, Community Development and Neighborhood Services Director Laurie Kadrich approved fraternity use for 201 E. Elizabeth St. on April 15, 2015. Neighbors continued to express dissatisfaction. In the end, the issue went up to City Council for a decision. Council unanimously agreed that the house at 201 E. Elizabeth St. could be used as fraternity.38 Milewski and Rickett proceeded to rent the property to Phi Kappa Tau fraternity, an all-male Greek organization centered on “brotherhood, learning, and ethical leadership.”39 In 2017, Milewski and Rickett sold to Saddle Up Partners, LLC for $688,000, and in 2018, the property was sold to its current owner, 201 East Elizabeth Street, LLC, for $1,445,000.40 The Phi Kappa Tau fraternity still uses the Horsley/Delta Zeta Property as their chapter house. 33 Triangle Fraternity, Fraternity and Sorority Life, Colorado State University, https://fsl.colostate.edu/chapters/triangle/. 34 McWilliams. 35 Pat Ferrier, “Frat House Mired in Uncertainty,” Coloradoan, March 17, 2015. 36 Ibid., “Board Delays Hearing on Frat House,” Coloradoan, March 12, 2015. 37 Ibid., “More Scrutiny for Elizabeth Frat Plan,” Coloradoan, March 27, 2015. 38 Adrian Garcia, “Fraternity House OK’d by FoCO Council,” Coloradoan, July 21, 2015. 39 “Fraternity,” Phi Kappa Tau, https://www.phikappatau.org/about/fraternity. 40 Warranty Deed, 201 E. Elizabeth St., Paul Milewski and Julie Rickett to Saddle Up Partners, LLC, October 12, 2017, Larimer County Official Records Search, Larimer County, https://records.larimer.org/landmarkweb; Warranty Deed, 201 E. Elizabeth St., Saddle Up Partners, LLC to 201 East Elizabeth Street, LLC, December 6, 2018, Larimer County Official Records Search, Larimer County, https://records.larimer.org/landmarkweb. 9.2 Packet Pg. 121 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 ARCHITECTURAL INFORMATION Construction Date: 1926 Architect/Builder: Lester L. Jones Building Materials: Brick, Concrete Architectural Style: Tudor Revival Description: This one-and-a-half-story Tudor-revival house is on the south-east corner of Remington Street and Elizabeth Street, within the boundaries of the Laurel School Historic District on the National Register of Historic Places. The east side of the property is filled with a parking lot that serves the home’s residents, its current use being a fraternity chapter house. It has two perpendicular gabled wings, a projecting enclosed vestibule, and a northwest-facing front porch at the juncture of the two wings that makes the house sit at an angle on the lot. The foundation is concrete, and the wall materials are brick with half-timbering in stucco in the upper half-story. The brick is textured and deliberately inconsistent in color, and this material is separated from the half- timbered section by a row of soldier-coursed bricks and a wood belt course. The roof is clad in semi-cylindrical tiles in an earth-tone. This house also has three brick chimneys. Unless otherwise noted, all window frames are painted a deep red, and all windows have a lintel of soldier-coursed bricks and a projected brick sill with headers facing out. It appears that all the windows excluding basement windows are casements, unless otherwise noted. A winding stone path leads from the north-west corner of the lot to the un-covered front porch that is flanked by two trees. The surfaces of the brick porch are topped with stone, including five steps. This porch serves the front door, which is set in a flat-roofed, brick entry projecting from the intersection of the two wings of the house. Squares are removed from the upper corners of this structure, creating the appearance of a small parapet. This upper edge is emphasized by soldier-coursed bricks. Soldier-coursed bricks are also used below the house number in the upper-middle section of this structure and for the lintel of the door. This door and its sidelights are modern, replaced sometime between 2014 and 2016, based on Google Street View imagery. The red door has one curved light in its upper section and two narrow, half-height sidelights, all of which have geometric, leaded glass patterning. There is an iron mail slot to the right of the door as well as a small, brass-colored lamp. To the left of this entry is the west side of the house’s north wing. On the first story of this elevation, there is a wood triple window with wood-framed screens. On the roof of this elevation is an inverted dormer with a pair of casement windows. To the right of this entry is the north side of the west wing. The first story of this elevation has a triple window and wood-framed screens just like its counterpart on the other north wing. On the upper level, there is a wood, paired casement window that extends just above the roofline and past the wood belt course just below the stuccoed area. There is another window of this type and orientation near the juncture with the north wing. The west elevation of the west wing has a flared roofline on the south side of its gable. There is also a brick chimney on this elevation. In the upper story, set to the left of the chimney, there is a 9.2 Packet Pg. 122 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 pair of wood casement windows. This elevation is dominated by a one-story, flat-roofed brick vestibule. Like the entry vestibule between the two wings, this vestibule’s roof has a parapet topped with soldier-coursed bricks. It has small sections taken out of it for drainage. The west elevation of this vestibule has a set of quintupled, wood windows with wood-framed screens that has a lintel and sill like those on the rest of the building. The north elevation of this vestibule has a wood triple window with wood-framed screens. The south elevation of this vestibule has a historic wood door with many lights flanked by 2/3 height fixed sidelights, all topped with a lintel of soldier-coursed bricks. This door is approached by a brick porch and six steps topped with stone, much like the main entrance. Because the roofline of the west wing is flared to the south, the south elevation of this wing is one-story in height and all brick. In this west-most portion of the house’s south elevation, there is a wood triple window with two of three wood-framed screens. Below this window is a modern, vinyl, basement slider window. There is also a wood paired window to the right of this triple window. The south elevation of the house features the gabled end of the north wing as well. Another chimney runs down this part of the south elevation. In the upper story, there is a wood triple window that extends just slightly into the brick portion of the wall past the wood belt course. In the lower brick portion, there are two pairs of wood casement windows, each missing one screen. There is another modern basement window on this side of the south elevation. There is no half-timbering on the east elevation. There is another chimney on this elevation that emerges at the roofline near the center of the elevation. There is a basement stairway toward the south side of this elevation that has a stone wall. Along this stairway, there is a narrow, wood, paired awning window. The door at the bottom of the stair appears historic and has a square, four-light window in its upper half. There is a light fixture attached to the ceiling of this basement entry. The ceiling of this basement entry is made of concrete and connects to a porch made of stone and topped with concrete. This porch is approached by three concrete steps. All of this concrete is painted red. This porch has a combination of posts and rails of different materials. The stair has one handrail to the right made of wood. There are some posts for the porch made of wood, but there is also a decorative metal post and partial metal balustrade. The porch posts support a wood roof covered with a cloth awning that stretches across much of the elevation’s south side. Partially beneath this awning toward the south side of the east elevation, there is a tripled, wood casement window. To its right, fully beneath the awning, is a paired, wood casement window. The right of this paired window, also beneath the awning, part of the wall is stucco and half- timbering rather than brick; soldier-coursed bricks run across this entire section. On the left side of this stuccoed section is a wood triple window with wood storms that each has three horizontal lights. On the right is a modern door, painted red like the rest of the doors on the house. To the north of this awning-covered section is a single wood casement window. To its right is a three-sided bay. Where the walls of the bay intersect, the bricks interlace only slightly, creating negative spaces in almost a checkerboard pattern. The south side of the bay has a single, wood 9.2 Packet Pg. 123 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 casement window with a wood-framed screen. The east side of the bay has a paired, wood casement window with one wood-framed screen. The north side of the bay has another single, wood casement window with a wood-framed screen. Also on the east elevation, there are three evenly-spaced inverted dormers, each with a pair of casement windows. There are three basement window openings on this elevation that have been filled in with masonry. There is also a small masonry feature against this elevation’s wall near the basement stairway opening that appears damaged and is of an unknown use. The north elevation features the other gabled end of the north wing. There are two basement windows on this elevation that have been replaced with modern sliders. These windows are likely less wide, but taller than the original windows, given the excavated appearance of the earth around them and the concrete around the new windows. They do, however, retain their soldier- coursed brick lintels. Above each of these basement windows is a tripled, wood casement window. The east window is shorter than the west window, but their lintels are aligned. Centered below the gable is a quadrupled, wood casement window that, like the other upper-story windows on this house, extends just slightly into the brick portion of the wall past the wood belt course. 9.2 Packet Pg. 124 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 REFERENCE LIST or SOURCES of INFORMATION Building Permit Collection. Fort Collins History Connection: An Online Collaboration Between the FCMoD and the PRPLD. http://history.fcgov.com/collections/building-permits. CityDocs. City of Fort Collins Public Records Database. http://citydocs.fcgov.com/. City of Fort Collins Historic Preservation Services Files. Property File Collection. Community Development and Neighborhood Services Building. Fort Collins, CO. Colorado Historic Newspapers Database. Fort Collins Courier Collection. Colorado State Library. https://www.coloradohistoricnewspapers.org/?a=cl&cl=CL1&e=-------en-20--1--img- txIN%7ctxCO%7ctxTA--------0--&sp=FCC. ———. Weekly Courier Collection. Colorado State Library. https://www.coloradohistoricnewspapers.org/?a=cl&cl=CL1&e=-------en-20--1--img- txIN%7ctxCO%7ctxTA--------0--&sp=TWC. ———. Fort Collins Express Collection. Colorado State Library. https://www.coloradohistoricnewspapers.org/?a=cl&cl=CL1&e=-------en-20--1--img- txIN%7ctxCO%7ctxTA--------0--&sp=FCE. Delta Zeta Organization. http://www.deltazeta.org/about-us/history/. Pat Ferrier. “Frat House Mired in Uncertainty,” Coloradoan. March 17, 2015. ———. “Board Delays Hearing on Frat House.” Coloradoan, March 12, 2015. ———. “More Scrutiny for Elizabeth Frat Plan.” Coloradoan, March 27, 2015. Fleming, Barbara. “Early Greek Life at CSU.” Coloradoan, March 29, 2015. https://www.coloradoan.com/story/news/2015/03/30/early-greek-life-colorado-state- university-fort-collins/70642792/. Fort Collins History Connection: An Online Collaboration Between the FCMoD and the PRPLD. Building Permit Collection. http://history.fcgov.com/collections/building-permits. ———. “Fort Collins History and Architecture: Post World War I Urban Growth, 1919-1941.” https://history.fcgov.com/contexts/post.php. “Fraternity.” Phi Kappa Tau. https://www.phikappatau.org/about/fraternity. Garcia, Adrian. “Fraternity House OK’d by FoCO Council.” Coloradoan. July 21, 2015. 9.2 Packet Pg. 125 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Grandillo, Michael A. “Social Fraternities and Sororities: History, Characteristics of Fraternities and Sororities, Reforms and Renewal.” Education Encyclopedia. State University. https://education.stateuniversity.com/pages/2429/Social-Fraternities-Sororities.html. Kiehnhoff, Tamsen. Interview with Casper Hegner. April 10, 1990. Paraphrased in the National Register of Historic Places Registration Form for the Denver Public Library by Rodd Wheaton and Michael Paglia. June 19, 1990. Local History Archive at the Fort Collins Museum of Discovery. Tax Assessor Card Collection. Museum of Discovery. Fort Collins, CO. ———. CSU Fraternities and Sororities Vertical File. Museum of Discovery. Fort Collins, CO. ———. City Directories Collection. Museum of Discovery. Fort Collins, CO. McWilliams, Carl. “Residential Building at 201 E. Elizabeth Street: Delta Zeta Sorority, Triangle Fraternity.” April 16, 2015. Digital Property File Collection. City of Fort Collins Historic Preservation Services. Community Development and Neighborhood Services Building. Fort Collins, CO. Portrait and Biographical Record of Denver and Vicinity, Colorado: Containing Portraits and Biographies of Many Well Known Citizens of the Past and Present, Together with Biographies and Portraits of All the Presidents of the United State. Chicago: Chapman Publishing Co., 1898. Reither, Patricia. “Colorado State Register of Historic Properties Nomination Form: Adams County Courthouse.” May 1, 2006. https://www.historycolorado.org/sites/default/files/media/document/2017/5AM92.pdf. Title Books Collection. Larimer County Clerk and Recorder. Fort Collins, CO. Triangle Fraternity. Fraternity and Sorority Life. Colorado State University. https://fsl.colostate.edu/chapters/triangle/. United States Federal Census Records, Lehi, UT, USA: Ancestry.com Operations Inc, 2006, https://search.ancestry.com/cgi- bin/sse.dll?indiv=1&dbid=7884&h=187282960&ssrc=pt&tid=1942031&pid=6005731763 &usePUB=true. 9.2 Packet Pg. 126 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 MAPS and PHOTOGRAPHS Map 1: Location Map Map 2: Aerial Map 9.2 Packet Pg. 127 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Map 3: 1925-43 Sanborn Map (Poudre Libraries and Proquest Collection) 9.2 Packet Pg. 128 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Historic Photo 1: 1948 Tax Assessor Photo Historic Photo 2: 1968 Tax Assessor Photo 9.2 Packet Pg. 129 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Photo 1: Facade; Facing SE 9.2 Packet Pg. 130 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Photo 2: Stone Path Close-up Photo 3: Front Porch 9.2 Packet Pg. 131 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Photo 4: Front Door and Entry Vestibule Photo 5: North Wing Triple Window; Facing East 9.2 Packet Pg. 132 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Photo 6: North Wing Upper Window; Facing East Photo 7: Entry Vestibule Brick Detail and West Wing Upper Window 9.2 Packet Pg. 133 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Photo 8: West Wing Triple Window; Facing South Photo 9: West Wing Upper Window; Facing South 9.2 Packet Pg. 134 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Photo 10: West Elevation Photo 11: West Elevation Window 9.2 Packet Pg. 135 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Photo 12: West Elevation Brick Detail, Chimney, and Half-Timbering Photo 13: South Elevation 9.2 Packet Pg. 136 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Photo 14: South Elevation; Door on West Vestibule Photo 15: South Elevation West Window 9.2 Packet Pg. 137 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Photo 16: South Elevation 2nd West-most Window Photo 17: South Elevation East Window 9.2 Packet Pg. 138 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Photo 18: South Elevation West Basement Window Photo 19: South Elevation East Basement Window 9.2 Packet Pg. 139 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Photo 20: South Elevation Gable, Window, and Chimney Photo 21: East Elevation and Parking Lot 9.2 Packet Pg. 140 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Photo 22: East Elevation Upper Windows and Chimney Photo 23: East Elevation South Window 9.2 Packet Pg. 141 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Photo 24: East Elevation Paired Window under Awning Photo 25: East Elevation Underside of Awning 9.2 Packet Pg. 142 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Photo 26: East Elevation Porch Close-up Photo 27: East Elevation Triple Window with Multi-light Storms 9.2 Packet Pg. 143 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Photo 28: East Elevation Door Photo 29: East Elevation Single Window 9.2 Packet Pg. 144 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Photo 30: East Elevation Bay Photo 31: East Elevation Basement Window by Stairway 9.2 Packet Pg. 145 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Photo 32: East Elevation Stairway and Basement Door Photo 33: East Elevation Filled Basement Window Opening 9.2 Packet Pg. 146 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Photo 34: East Elevation Masonry Feature by Stairway Photo 35: North Elevation 9.2 Packet Pg. 147 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Photo 36: North Elevation Gable, Window, and Half-Timbering Photo 37: North Elevation West Window 9.2 Packet Pg. 148 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 Photo 38: North Elevation West Basement Window 9.2 Packet Pg. 149 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) 9.2 Packet Pg. 150 Attachment: Landmark Application, with photos (8981 : 201 E Elizabeth Landmark) 1 Application for Fort Collins Landmark Designation – 201 E. Elizabeth St. – Horsley/Delta Zeta Property City Council, April 7, 2020 ATTACHMENT 3 9.3 Packet Pg. 151 Attachment: Photos (8981 : 201 E Elizabeth Landmark) Standard 1: Events- Sorority and Fraternity History 2 201 E. Elizabeth St. – Horsley/Delta Zeta Property Above and Right: From the 1950 Silver Spruce yearbook Triangle Fraternity Crest Phi Kappa Tau Crest 9.3 Packet Pg. 152 Attachment: Photos (8981 : 201 E Elizabeth Landmark) Standard 3: Tudor Revival Architecture 3 201 E. Elizabeth St. – Horsley/Delta Zeta Property 1968 Tax Assessor Photo (Local History Archive) 9.3 Packet Pg. 153 Attachment: Photos (8981 : 201 E Elizabeth Landmark) • Construction: 1926 • Standard 1: Events • Association with university sorority and fraternity history • Standard 3: Design/Construction • Tudor Revival Style, Architect Lester L. Jones • Exterior Integrity: Location, Design, Setting, Materials, Workmanship, Feeling, and Association 4 201 E. Elizabeth St. – Horsley/Delta Zeta Property 9.3 Packet Pg. 154 Attachment: Photos (8981 : 201 E Elizabeth Landmark) ATTACHMENT 4 9.4 Packet Pg. 155 Attachment: Landmark Preservation Commission Resolution No. 1, 2020 (8981 : 201 E Elizabeth Landmark) 9.4 Packet Pg. 156 Attachment: Landmark Preservation Commission Resolution No. 1, 2020 (8981 : 201 E Elizabeth Landmark) -1- ORDINANCE NO. 069, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE HORSLEY/DELTA ZETA PROPERTY, 201 EAST ELIZABETH STREET, FORT COLLINS, COLORADO, AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS, pursuant to City Code Section 14-1, the City Council has established a public policy encouraging the protection, enhancement and perpetuation of historic landmarks within the City; and WHEREAS, by resolution adopted on January 15, 2020, the Landmark Preservation Commission (the “Commission”) determined that the Horsley/Delta Zeta Property, 201 East Elizabeth Street, in Fort Collins, as more specifically described in the legal description below (the “Property”), is eligible for landmark designation pursuant to City Code Chapter 14, Article II, for the property’s high degree of all seven standards of integrity under City Code Section 14-22(b)(1-7), and for the property’s significance to Fort Collins under Standards of Significance 1, Events, and 3, Design/Construction, contained in City Code Section 14- 22(a)(1) and 14-22(a)(3); and WHEREAS, the Commission further determined that designation of the Property will advance the policies and purposes set forth in City Code Sections 14-1 and 14-2 in a manner and extent sufficient to justify designation; and WHEREAS, the Commission recommends that the City Council designate the Property as a Fort Collins landmark; and WHEREAS, the owner of the Property has consented to such landmark designation and desires to protect the Property; and WHEREAS, such landmark designation will preserve the Property’s significance to the community; and WHEREAS, the City Council has reviewed the recommendation of the Commission and desires to follow such recommendation and designate the Property as a landmark; and WHEREAS, designation of the Property as a landmark is necessary for the prosperity, civic pride, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Packet Pg. 157 -2- Section 2. That the Property located in the City of Fort Collins, Larimer County, Colorado, described as follows, to wit: Lot 2 and North 20 feet of Lot 3, Block 5, Crafts Re-subdivision; also known by street and number as 201 East Elizabeth Street, City of Fort Collins, County of Larimer, State of Colorado be designated as a Fort Collins Landmark in accordance with City Code Chapter 14. Section 3. That alterations, additions and other changes to the buildings and structures located upon the Property will be reviewed for compliance with City Code Chapter 14, Article IV, as currently enacted or hereafter amended. Introduced, considered favorably on first reading, and ordered published this 5th day of May, A.D. 2020, and to be presented for final passage on the 19th day of May, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of May, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 158 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY May 5, 2020 City Council STAFF Darin Atteberry, City Manager Jim Byrne, Office of Emergency Management Carrie Daggett, City Attorney SUBJECT Emergency Ordinance No. 070, 2020 Approving Emergency Rules and Regulations Enacted by the City Manager Pursuant to the Local COVID-19 Emergency. EXECUTIVE SUMMARY This Item has been amended to add Emergency Regulation 2020-015 The purpose of this item is to approve emergency rules and regulations enacted by the City Manager in response to the COVID-19 emergency. Section 2-671(a)(6)(a) of the City Code provides that emergency rules and regulations must be confirmed at the earliest practical time by the City Council. This Emergency Ordinance seeks Council’s approval and ratification of all the emergency measures that have been enacted to date. Adoption by ordinance will ensure that each of the regulations is enforceable to the fullest extent of the law. As noted in the updated Emergency Ordinance, the City Manager has determined that the enforcement of violations of Emergency Regulation No. 2020-015 as civil infractions rather than criminal misdemeanors will better serve the purposes of the Regulation and further its effectiveness. Because the Code provides that violations of Emergency Regulations shall be enforced as criminal misdemeanors, a provision expressly authorizing the enforcement of violations of Emergency Regulation No. 2020-015 as civil infractions has also been added to the Ordinance. STAFF RECOMMENDATION Staff recommends adoption of the Emergency Ordinance. BACKGROUND / DISCUSSION The City continues to be threatened with serious injury and damage, consisting of widespread human and economic impact caused by the Novel Coronavirus 2019 (COVID-19). On March 13, 2020, in order to undertake emergency measures to protect the life, health, safety and property of the citizens of the City and persons conducting business therein, and in order to attempt to minimize the loss of human life and the preservation of property, the City Manager, as the Director of the City’s Office of Emergency Management, proclaimed a “local emergency” in accordance with Section 2-671(a)(1) of the City Code and activated the Emergency Operations Plan established pursuant to Section 2-673 of the City Code. The Council extended the local emergency until such time as the City Manager determines in writing that the conditions justifying the local emergency no longer exist, with the adoption of Resolution 2020-030 on March 20, 2020. Council has since adopted various resolutions (Resolution 2020-032, Resolution 2020-036, and Resolution 2020-038) approving Emergency Rules and Regulations Nos. 2020-01 through 2020-012. This Emergency Ordinance ratifies all those previously approved and additional Emergency Rules and Regulations since enacted. Since the most recent Council approval, the City Manager has issued the following additional Agenda Item 10 Item # 10 Page 2 emergency rules and regulations in order to protect the health and safety of City residents and visitors, as follows: • Emergency Regulation No. 2020-013, authorizing the City Building Official to accept satisfactory evidence that an applicant has previously passed the 2009 version of the IBC contractor licensing examination because applicants are unable to test and receive a passing certificate for the current International Building Code (“IBC”) adopted by the City of Fort Collins (2018) during the current Local Emergency due to closure of licensing examination facilities, commencing immediately and continuing through the end of the Local Emergency or such time as the locally designated testing facilities that proctor compliant IBC general licensing examinations reopen, whichever first occurs. • Emergency Regulation No. 2020-014, permitting the continued use of the Community of Christ Church at 220 E. Oak Street as seasonal overflow shelter during the COVID after the end of April. • Emergency Regulation No. 2020-015, mandating the wearing of face coverings in enclosed areas to which the public is invited or in which workers are working, in City buildings and facilities and in certain outdoor locations. In addition, the City Manager has suspended the operation of Emergency Rules and Regulation No. 2020-09, regarding the operation of a temporary outdoor shelter area on City property near the Northside Aztlan Community Center, unless and until there is a further need for that temporary outdoor shelter facility to resume operation. -1- (Ordinance Amended 4/30/2020) EMERGENCY ORDINANCE NO. 070, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING EMERGENCY RULES AND REGULATIONS ENACTED BY THE CITY MANAGER PURSUANT TO THE LOCAL COVID-19 EMERGENCY WHEREAS, the City of Fort Collins is threatened with serious injury and damage, consisting of widespread human and economic impact caused by the Novel Coronavirus 2019 (COVID-19); and WHEREAS, in early March declarations of emergency regarding COVID-19 were issued by President Trump, Governor Polis and the Larimer County Department of Public Health and Environment; and WHEREAS, on March 13, 2020, in order to undertake emergency measures to protect the life, health, safety and property of the citizens of the City and persons conducting business therein, and in order to attempt to minimize the loss of human life and the preservation of property, the City Manager, as the Director of the City’s Office of Emergency Management, proclaimed a “local emergency” in accordance with Section 2-671(a)(1) of the City Code and activated the Emergency Operations Plan established pursuant to Section 2-673 of the City Code; and WHEREAS, the City Council extended the local emergency until such time as the City Manager determines in writing that the conditions justifying the local emergency no longer exist, with the adoption of Resolution 2020-030 on March 20, 2020; and WHEREAS, having proclaimed a local emergency, the City Manager has issued emergency rules and regulations in order to protect the health and safety of City residents and visitors; and WHEREAS, at its adjourned meeting on March 31, 2020, the City Council adopted Resolution 2020-032, approving the Emergency Rules and Regulations that had as of that date been issued by the City Manager, including the following: a. Emergency Regulation No. 2020-01, Authorizing Emergency Purchases pursuant to City Code Section 8-161(b)(1), dated March 17, 2020; and b. Emergency Regulation No. 2020-02, suspending certain legal requirements to allow the operation of a day shelter, homeless shelter, and/or seasonal overflow shelter at the Northside Aztlan Community Center, dated March 19, 2020; and -2- c. Emergency Regulation No. 2020-03, suspending fares for all Transfort bus routes within the City, including FLEX and MAX routes and Dial-a-Ride trips, dated March 19, 2020; and d. Emergency Regulation No. 2020-04, suspending the operation of the requirements of City Code Chapter 26 related to disconnecting City non- telecommunication utility services to a premise upon non- or late payment of utility service fees during the pendency of the local emergency or other applicable order, dated March 20, 2020; and e. First Amended Emergency Regulation No. 2020-05A, suspending the prohibition on occupying recreational vehicles on private property, with written permission from the property owner, for working, living, or sleeping purposes in order to use that recreational vehicle to promote physical distancing and/or quarantine, dated March 30, 2020; and WHEREAS, at its regular meeting on April 7, 2020, the City Council adopted Resolution 2020-036, approving the Emergency Rules and Regulations that had as of that date been issued by the City Manager, including the following: a. Emergency Regulation No. 2020-06, authorizing places of worship or assembly to conduct live religious services on their property so long as attendance is viewed remotely from on the property in vehicles provided physical distancing requirements are met and provided the arrangement is permitted by State and County “stay-at-home” orders, dated April 1, 2020; and b. Emergency Regulation No. 2020-07, limiting enforcement for certain types of parking violations (block face restrictions, overtime, expired tags, and residential parking permit violations) and easing certain requirements related to parking tickets, dated April 1, 2020; and c. Emergency Regulation No. 2020-08, authorizing certain temporary sign, banner and pennant encroachments by essential businesses during the local emergency, dated April 4, 2020; and WHEREAS, at its regular meeting on April 21, 2020, the City Council adopted Resolution 2020-038 approving the Emergency Rules and Regulations that as of that date been issued by the City Manager, including the following: a. Emergency Regulation No. 2020-09, designates an outdoor emergency shelter area at the Northside Aztlan Community Center and adopts Temporary Outdoor Shelter Regulations that will govern the use of the outdoor emergency shelter area, including a prohibition on the open carrying of firearms within the designated outdoor shelter area; and -3- b. Emergency Regulation No. 2020-010, waiving the requirements of the City Land Use Code, Building Code and Fire Code for the property at 1125 W. Myrtle Street (the former Elderhaus property off of Shields Street owned by CSURF) so that it can be used to shelter people experiencing homelessness who test positive or are presumed to have COVID-19; and c. Emergency Regulation No. 2020-011, suspending the City Code requirement that solid waste collectors make curbside pickup of residential yard trimmings available at least weekly from April 1 to November of each year, so no residential yard trimming pickup is required from April 1 to June 30, 2020, while allowing the haulers to offer this service if they are willing and able to; and d. Emergency Regulation No. 2020-012 authorizing scheduled route reductions for Transfort to respond to the pandemic as needed; and WHEREAS, the City Manager has since issued additional Emergency Rules and Regulations (collectively referred to as the “New Emergency Rules and Regulations”), as follows: a. Emergency Regulation No. 2020-013 authorizing the City Building Official to accept satisfactory evidence that an applicant has previously passed the 2009 version of the IBC contractor licensing examination because applicants are unable to test and receive a passing certificate for the current International Building Code (“IBC”) adopted by the City of Fort Collins (2018) during the current Local Emergency due to closure of licensing examination facilities, commencing immediately and continuing through the end of the Local Emergency or such time as the locally designated testing facilities that proctor compliant IBC general licensing examinations reopen, whichever first occurs; and b. Emergency Regulation No. 2020-014, permitting the continued use of the Community of Christ Church at 220 E. Oak Street as a seasonal overflow shelter during the COVID after the end of April; c. Emergency Regulation No. 2020-015, requiring the wearing of face coverings in enclosed areas to which the public is invited or in which workers are working, in City buildings and facilities and in certain outdoor locations; and WHEREAS, in addition, the City Manager has suspended the operation of Emergency Rules and Regulation No. 2020-09, regarding the operation of a temporary outdoor shelter area -4- on City property near the Northside Aztlan Community Center, unless and until there is a further need for that temporary outdoor shelter facility to resume operation; and WHEREAS, Section 2-671(a)(6)(a) of the City Code provides that the emergency rules and regulations must be confirmed at the earliest practical time by the City Council; and WHEREAS, the Council has determined that each of the Emergency Regulations (No. 2020-01 through No. 2020-014015) described above is reasonably necessary to the protection of life, health, safety and property of the residents of and visitors to Fort Collins; and WHEREAS, the Council has further determined that the enforcement of violations of Emergency Regulation No. 2020-015 as civil infractions rather than criminal misdemeanors will better serve the purposes of the Regulation and further its effectiveness; and WHEREAS, approval of all Emergency Rules and Regulations by ordinance will ensure that they are enforceable to the fullest extent of the law, and Council therefore wishes to approve them by the adoption of this Ordinance; and WHEREAS, Article II, Section 6 of the City Charter authorizes the Council to adopt emergency ordinances, which shall be finally passed on first reading by the affirmative vote of at least five members of the Council and which shall contain a specific statement of the nature of the emergency. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above and finds that an emergency exists requiring the immediate adoption of this Ordinance under Article II, Section 6 of the City Charter to enable the City to carry out and fully enforce the terms of each of the above-described Emergency Rules and Regulations, in order to protect the health, safety and welfare of the people of Fort Collins in light of the above-described local emergency. Section 2. That the City Council hereby finds that the City Manager’s establishment of the Emergency Rules and Regulations, including the New Emergency Rules and Regulations attached hereto as Exhibit A, and Exhibit B and Exhibit C and incorporated herein by this reference, was necessary in the interest of protecting the life, health, safety and property of the citizens of Fort Collins. Section 3. That the City Council hereby confirms, ratifies and approves each of the above-described Emergency Rules and Regulations as of the date of their establishment by the City Manager. Section 4. That the City Council hereby approves the enforcement of violations of Emergency Regulation No. 2020-015 as civil infractions under City Code Section 1-15(f), as an -5- exception to the requirement in City Code Section 2-671(e) that such violations shall be punishable as criminal misdemeanors. Section 45. That the City Clerk is hereby directed to cause the publication of this Emergency Ordinance in accordance with the Fort Collins City Charter. Introduced, considered favorably by at least five (5) members of the Council of the City of Fort Collins and finally passed as an emergency ordinance and ordered published this 5th day of May, 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk City Manager’s Office 300 Laporte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 fcgov.com EMERGENCY RULES AND REGULATIONS No. 2020-13 To all persons take notice: That for the protection of life, health, safety and property as affected by reason of the Novel Coronavirus 2019 (COVID-19), which resulted in my declaration of a “local emergency” under the authority of Chapter 2, Article IX of the Code of the City of Fort Collins, (City) and which declaration of local emergency was filed with the City Clerk and with the Colorado Division of Emergency Management on March 13, 2020 and extended by City Council adoption of Resolution 2020-030 on March 20, 2020 (Local Emergency), I have hereby established, under the authority of City Code Sec. 2-671(a)(6)a, and 2-675 the following emergency rules and regulations (Emergency Regulation): 1. Because applicants are unable to test and receive a passing certificate for the current International Building Code (“IBC”) adopted by the City of Fort Collins (2018) during the current Local Emergency due to closure of licensing examination facilities, commencing immediately and continuing through the end of the Local Emergency or such time as the locally designated testing facilities that proctor compliant IBC general licensing examinations reopen and resume testing, whichever first occurs, I authorize the City Building Official to accept satisfactory evidence that the applicant has previously passed the 2009 version of the IBC contractor licensing examination. 2. I find that this Emergency Regulation is reasonable and necessary to promote the physical and economic health, safety and welfare of the public as it will: a. Temporarily take precedence over the requirements of section 5-26, Adoption of Standards and Section 15-157, supervisor certificate; fees; examinations; renewals; which currently require, a general contractor seeking to receive or renew their license through the City to present evidence of passing the most recent version of the IBC contractor licensing examination. b. Recognize that construction continues to be considered a critical function and facilitate provision of necessary construction services to citizens of Fort Collins. c. Allow essential construction business to continue to be provided by qualified contractors during closure of the locally designated testing facilities, protecting the economic and physical security of the residents of Fort Collins. EXHIBIT A 3. Pursuant to Section 2-671(e) of the City Code, the rules and regulations set forth herein shall be disseminated to local radio and television stations and to a newspaper having a general circulation within the City. A knowing violation of these rules and regulations shall be a misdemeanor punishable under Section 1-15 of the City Code. This Emergency Regulation shall remain in effect as expressly set forth above or until superseded, rescinded or extended by a subsequent emergency regulation, or through the end of the Local Emergency or the reopening of the testing facilities, whichever first occurs. DATED this _____ day of April, A.D. 2020. __________________________________ Darin A. Atteberry, City Manager City Manager’s Office 300 Laporte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 fcgov.com EMERGENCY RULES AND REGULATIONS No. 2020-14 To all persons take notice: That for the protection of life, health, safety and property as affected by reason of the COVID-19 Event, which resulted in my declaration of a “local emergency” under the authority of Chapter 2, Article IX of the Code of the City of Fort Collins, (the “City”) and which declaration of local emergency was filed with the City Clerk and with the Colorado Division of Emergency Management on March 13, 2020, and extended by City Council adoption of Resolution 2020- 030 on March 20, 2020, I have hereby established, under the authority of Sec. 2-671(a)(6)a, the following rules and regulations: 1. Commencing on May 1, 2020, and until further notice, the requirements of the Fort Collins Land Use Code that limit the operation of “seasonal overflow shelters” to the period from the beginning of November to the end of April shall not apply to the use of the property owned by the Reorganized Church of Jesus Christ of Latter Day Saints, a Missouri nonprofit corporation d/b/a Community of Christ (“Owner”) and located at 220 E. Oak Street, Fort Collins, Colorado 80524, as a temporary shelter for persons experiencing homelessness. 2. The Seasonal Overflow Shelter Operating Agreement dated November 1, 2019, between the City, the Owner, and Catholic Charities and Community Services of the Archdiocese of Denver, Inc., as required by Section 3.8.33(C)(1)(c) of the Land Use Code and related agreements may be extended by mutual agreement of the parties beyond April 30, 2020, but must terminate upon suspension of this emergency regulation. 3. Nothing in this emergency regulation shall prevent the City from utilizing such other legal mechanisms as are available to it, including, without limitation, the Fire Code, the Building Code, Chapter 20, Article I of the City Code and/or the Uniform Code for abatement of dangerous buildings in cases of emergency. Pursuant to Section 2-671(e) of the City Code, the rules and regulations set forth herein shall be disseminated to local radio and television stations and to a newspaper having a general circulation within the City. DATED this ____ day of April, A.D. 2020. __________________________________ Darin A. Atteberry, City Manager City Manager’s Office 300 Laporte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 fcgov.com EMERGENCY RULES AND REGULATIONS No. 2020-15 To all persons take notice: That for the protection of life, health, safety and property as affected by reason of the Novel Coronavirus 2019 (COVID-19), which resulted in my declaration of a “local emergency” under the authority of Chapter 2, Article IX of the Code of the City of Fort Collins, (the “City”) and which declaration of local emergency was filed with the City Clerk and with the Colorado Division of Emergency Management on March 13, 2020, and extended by City Council adoption of Resolution 2020-030 on March 20, 2020, I have hereby established, under the authority of Sec. 2-671(a)(6)a, the following rules and regulations: 1. Purpose, Effective Area. This Emergency Regulation is being issued to limit the health impacts of COVID-19. This Regulation sets forth requirements for the public to utilize face coverings inside of public places, to slow the spread of the COVID-19 virus. This Order is effective within the entirety of the territory of the City of Fort Collins, Colorado. 2. Effective Date and Time, Limitations. The Emergency Regulation will become effective Monday, May 4, 2020, unless otherwise specifically provided for herein, and will remain in effect until suspended or terminated by action of the City Manager or City Council of the City of Fort Collins. 3. Definitions. a. Face Covering shall mean a uniform piece of material that securely covers a person’s nose and mouth and remains affixed in place without the use of one’s hands. Face Coverings include, but are not limited to, bandanas, medical masks, cloth masks and gaiters. 4. Face Coverings required. All persons shall wear Face Coverings when entering and while inside: a. Any enclosed area, including retail and commercial businesses or on-site service providers, to which the public is invited or in which workers, including volunteers, from more than one household are present; b. Any City of Fort Collins building or indoor City facility; c. Any public transportation, including City Transfort buses and bus shelters; Rules and Regulations May 1, 2020 Page 2 of 4 d. Any other public indoor place where persons are unable to maintain safe social distancing (six or more feet separation) from others not of their own household; or e. Any outdoor seating or patio area of a place that falls within Section 4(a). 5. Face Coverings for workers. All employers shall require, and make reasonable efforts to provide, Face Coverings to employees, volunteers and other workers in their places of employment that fall within the scope of Section 4 of this Regulation. 6. Exceptions. Nothing herein shall require the wearing of face coverings by the following persons or on the following properties: a) Persons under the age of ten years or children within a childcare facility; b) Persons for whom a face covering would cause impairment due to an existing health condition and who present a doctor’s note to that effect; c) Persons working in a professional office or other workspace who do not have any face- to-face interactions with or share workspace with other persons; d) If the person is undergoing a medical or dental procedure that requires access to the person’s mouth or nose; and e) Property owned or operated by the federal, state or county governments. f) Persons who are customers of banks, financial institutions and pawn shops, however, employees of these places must still wear face coverings. 7. General Information for all Persons. Pursuant to federal Centers for Disease Control guidance, the public is strongly encouraged to wear cloth Face Coverings that: • Fit snugly but comfortably against the side of the face; • Are secured with ties or ear loops; • Include multiple layers of fabric; • Allow for breathing without restriction; and • Are able to be laundered and machine dried without damage or change to shape. Information on making such masks can be found at: https://www.cdc.gov/coronavirus/2019- ncov/prevent-getting-sick/diy-cloth-face-coverings.html THE PUBLIC IS DISCOURAGED FROM ATTEMPTING TO ACQUIRE HEALTH CARE AND INDUSTRIAL FACE COVERINGS THAT ARE NECESSARY TO PROTECT HEALTH CARE WORKERS DURING THE COVID-19 PANDEMIC. These actions will limit the cascading impacts on critical services by limiting spread of COVID- 19. This Regulation and actions will help hospitals, first responders, and other healthcare services continue to provide services for those who need them (along with utilities, human services, and businesses) in the coming weeks and months. Collective action can save lives and is in support of the most vulnerable in our community. Rules and Regulations May 1, 2020 Page 3 of 4 8. Most Restrictive Standard Controls. To the extent any State and/or Federal orders or laws are more restrictive than what is set forth herein, such orders control. 9. Signage Required. Any property that is subject to Section (4) of this emergency rule must display signage in a prominent area of the property that informs members of the public about the requirement to wear Face Coverings while entering and within the property. Sample signage can be found at www.fcgov.com/coronavirus. 10. Enforcement Process. A person entering a property or area covered by this Regulation shall be notified by an Officer, as that term is defined by City Code, of the requirement to wear a Face Covering and, if the person does not comply with the Face Covering requirement, such person will be asked to leave the property or area that requires a Face Covering. 11. Penalties. a. Any person who, after being asked to wear a Face Covering, or to leave the property, continues to remain in the area or on the property requiring a Face Covering without wearing a Face Covering, shall be guilty of a criminal misdemeanor pursuant to Section 1-15 of the City Code. Fort Collins City Council, in its discretion, may pass an ordinance reducing the penalties for violations of this emergency rule to a civil infraction pursuant to Section 1-15(f) of the City Code. b. Any person with operational control of a property subject to Section (4) of this emergency rule, including any employer, business operator or manager, who allows a person to remain inside or on the property without wearing a Face Covering shall also be guilty of a criminal misdemeanor pursuant to Section 1-15 of the City Code. Fort Collins City Council, in its discretion, may pass an ordinance reducing the penalties for violations of this emergency rule to a civil infraction pursuant to Section 1-15(f) of the City Code. 12. Reporting Violations. Members of the public can report suspected violations of this emergency rule at www.fcgov.com/accessfortcollins or by calling (970)-416-2200. Please do not call 911 to report violations of this emergency rule. Rules and Regulations May 1, 2020 Page 4 of 4 13. Dissemination. Pursuant to Section 2-671(e) of the City Code, the rules and regulations set forth herein shall be disseminated to local radio and television stations and to a newspaper having a general circulation within the City. DATED this 1st day of May, A.D. 2020. __________________________________ Darin A. Atteberry, City Manager Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY May 5, 2020 City Council STAFF Marcy Yoder, Neighborhood Services Senior Manager Bronwyn Scurlock, Legal SUBJECT Resolution 2020-041 Authorizing the Mayor to Execute an Intergovernmental Agreement with Colorado State University for a Community Liaison Specialist. EXECUTIVE SUMMARY This item is presented to Council because it meets Priority 6 relating to funding, operation and business activities that the City must continue despite the current crisis. The purpose of this item is to renew the Intergovernmental Agreement (IGA) with CSU for the Community Liaison position which has provided crucial connection between City and University staff and resources that enhance the neighborhood livability for both students and long-term residents. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Historical Perspective Over the past nineteen years, the City and Colorado State University (CSU) have been working together via an Intergovernmental Agreement (IGA) to promote community-building and neighborhood cooperation, education and coordination within the City. This collaboration has been possible through the position of Community Liaison Coordinator created in 2001. This position, equally supported by CSU and the City, works to educate neighborhood residents, CSU students and City staff, to promote proactive and positive relationships and strategies between students and residents of Fort Collins neighborhoods. Over the last ten years, the community has greatly benefited from this partnership and the dedicated time and resources from the CSU Community Liaison Specialist position and supported programming. Programming has included: • Community Welcome – 1500 homes visited around Campus each year • Get the Scoop – free ice cream as you learn about City codes and meet your neighbors • Fall Clean-up - student volunteers rake yards for seniors around campus • Shovel Snowdown – free shovel to students with education on snow removal • Party Registration – over 6,000 registered parties to date with 98% citation free • Party Partners – education for people that received a warning or citation at their party • Rams Around the Fort – student education on City codes, good neighboring etc. 11 Packet Pg. 166 Agenda Item 11 Item # 11 Page 2 • CityWorks.edu – class co-taught by CSU Liaison and Neighborhood Services Senior City Planner book “for the Love of Cities” and several field trips to City departments • Campus West Connections – partnerships with City Police, Neighborhood Services, Off-Campus Life, and Student Resolution Center • Neighborhood specific problem solving and support – coordination around specific neighborhood issues involving students Staff would like to continue this position, update the name of this position to Community Liaison Specialist (CLS), and subsequently update the IGA. Purpose To continue to promote community-building and neighborhood cooperation, education and coordination within the City. Vision Staff has a proposed updated IGA to have the CLS continue to serve as a facilitator between the University and City with the goal of enhancing understanding through proactive measures. The individual would continue building esprit de corps among students and residents, particularly those living in areas surrounding the University. In addition, the CLS will continue encouraging collaborative efforts to enhance the quality of living for both students and residents and will assist students as they transition out of residence halls and into the community. The CLS will continue to create a network for improved understanding, tolerance, and sensitivity to preserve the quality of life in the neighborhoods. Benefits The City and CSU will benefit from continuing the position in the following ways. First, the CLS will continue an open line of communication between the City and CSU, more readily addressing issues and concerns. Next, the CLS will continue to build a sense of community through assessing the current neighborhood cultures and offering appropriate educational programming. Last, the CLC will continue to help facilitate a change in perceptions between students and homeowners, ultimately reducing the number of community concerns. CITY FINANCIAL IMPACTS The City will reimburse CSU one-half of the actual cost of salary and benefits for the CLS position. Current budget costs are $65,000 to cover half of the salary, benefits, and program costs associated with the position. The costs are shared by Off Campus Life at CSU and Neighborhood Services at the City. Staff reviews and agrees upon costs before each BFO process. There is a commitment to support half the costs of salary and benefits, any adjustments necessary are made within the program costs. Program evaluation supports implementation changes to ensure programs are effective and relevant. The IGA continues through 2029, subject to annual appropriation. PUBLIC OUTREACH A recent Next Door feed for neighborhoods surrounding the campus exemplified a level of knowledge for the Community Liaison and Campus West Connection resources that supports the necessity of this partnership between City and University. Over the years, there have been numerous notes and comments of appreciation for the time and effort being spent to maintain and enhance neighborhood livability surrounding campus. Surveys completed by students and residents involved in community liaison programming continue to show a high rate of satisfaction. 11 Packet Pg. 167 -1- RESOLUTION 2020-041 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH COLORADO STATE UNIVERSITY FOR A COMMUNITY LIAISON SPECIALIST WHEREAS, in 2001, the City of Fort Collins and Colorado State University (“CSU”) entered into an Intergovernmental Agreement to create a Community Liaison Coordinator position to promote community-building and neighborhood cooperation, education and coordination within the City; and WHEREAS, it is in the best interests of both the City and CSU to continue with this position, which will now be referred to as a Community Liaison Specialist (CLS), and to update the Intergovernmental Agreement; and WHEREAS, both entities will continue to fund this position; and WHEREAS, the City desires to continue to allocate funds to CSU to support the salary and program operating expenses for this position; and WHEREAS, a proposed Intergovernmental Agreement providing for the joint funding, purposes, and administrative arrangements for the CLS through 2029, attached hereto as Exhibit “A” and incorporated herein by this reference (the “IGA”), has been negotiated by staff and agreed to by all parties; and WHEREAS, the City funds required for the CLS for 2020, in the total amount of $65,000, have been appropriated and are available in the Neighborhood Services Office operating budget; and WHEREAS, City funds required for future fiscal years through 2029, which are contingent upon future appropriation, will be included in the proposed budget for the Neighborhood Services Office for those years; and WHEREAS, Article II, Section 16 of the City Charter and Section 29-1-203, C.R.S., provide that the City Council may enter into agreements with other governmental bodies for the performance of cooperative or joint activities; and WHEREAS, under Section 1-22 of the City Code the proposed IGA requires City Council review and approval because it requires a direct monetary payment by the City of over $50,000. NOW, THEREFORE, BE IT RESOLVED BY COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Packet Pg. 168 -2- Section 2. That the Mayor is hereby authorized to execute the IGA between the City and Colorado State University, in substantially the form set forth on Exhibit “A”, together with such modifications and additional terms as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to effectuate the purposes of this Resolution or protect the interests of the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of May, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 169 INTERGOVERNMENTAL AGREEMENT CONCERNING COLORADO STATE UNIVERSITY COMMUNITY LIAISON SPECIALIST THIS AGREEMENT is entered into this _____ day of ____, 2020, by and between COLORADO STATE BOARD OF GOVERNORS, acting by and through Colorado State University for Off-Campus Life, (“CSU”) and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (the “City”). W I T N E S S E T H: WHEREAS, the City’s Neighborhood Services Office has been created to promote community-building and neighborhood cooperation, education and coordination within the City; and WHEREAS, the City’s Neighborhood Services Office activities are of a local, and at times, multi-entity and inter-departmental in nature; and WHEREAS, the City desires to encourage positive relationships between student and non-student residents in neighborhoods in the City; and WHEREAS, CSU desires to support its students living off campus and promote positive neighborhood relationships between students and other City residents; and WHEREAS, it is in the best interests of both the City and CSU to initiate and financially support a staff position, Community Liaison Specialist, funded by both entities to create and support community building in predominately student populated neighborhoods; and WHEREAS, on July 17, 2001, Council adopted Resolution 01-88 authorizing the Mayor to execute an Intergovernmental Agreement to create a Community Liaison Coordinator position; and WHEREAS, on May 5, 2020, Council adopted Resolution 2020-041, authorizing the Mayor to execute an Intergovernmental Agreement to fund the Community Liaison Specialist position; and WHEREAS, the City desires to continue to allocate funds to CSU to support the salary and program operating expenses for the position of Community Liaison Specialist. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties as hereafter provided and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Services/Term. The City agrees to provide financial support and services to CSU as are described in paragraph 2, upon the terms and conditions herein. The term of service to be provided by the City to CSU under this Agreement shall commence on January 1, 2020 and continue for consecutive one-year terms ending on December 31, 2029, unless sooner terminated, subject to the terms and conditions herein. This Agreement may be terminated, without cause, by either party upon the giving of not less than sixty (60) days advance written notice to the other party. EXHIBIT A A Packet Pg. 170 Attachment: Exhibit A (9025 : CSU-City Liaison RESO) 2. Financial and Support Services. In providing financial and support services to CSU for the Community Liaison Specialist (“CLS”) position, the City agrees to perform the following: a. Upon invoice, the City will reimburse CSU one-half of the actual cost of salary and benefits for the CLS position; b. Payments will be made quarterly beginning January 1, 2020 upon invoice from CSU to the City, and payments shall be due and payable thirty (30) days after invoice; c. The City will provide office space, computer, and telephone service for the CLS in the Neighborhood Services Office. It is understood that the CLS will also maintain an office on campus at CSU’s expense; d. The Parties agree to provide to the CLS, subject to applicable laws, including FERPA, the Colorado Open Records Act, and the Criminal Justice Records Act, the names, addresses and telephone numbers of neighborhood residents and representatives and student residents living off campus to the CLS; e. The City will participate in providing professional development opportunities as mutually agreed upon by the parties for the CLS in conjunction with CSU; and f. The City will pay a portion of specific program expenses as mutually agreed upon from time to time by the Parties. 3. Indemnification. Each Party shall be responsible to the fullest extent allowed under the law for its own negligence, and the negligence of its employees and authorized volunteers acting within the scope of their actual authority. It is expressly understood and agreed that nothing contained in this Agreement shall be construed as an express or implied waiver by either Party of its governmental and sovereign immunities, as an express or implied acceptance by either party of liabilities arising as a result of actions which lie in tort or could lie in tort in excess of the liabilities allowable under the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as a pledge of the full faith and credit of the State of Colorado, or as the assumption of any of the parties of a debt, contract or liability of each other in violation of Article XI, Section 1 of the Constitution of Colorado. Neither CSU nor the City is authorized to indemnify any party, public or private, as against the claims and demands of third parties and any such indemnification provision in this Agreement shall be null and void. 4. Additional terms and conditions: a. It is expressly understood that the CLS is an employee of CSU and CSU shall pay one hundred percent (100%) of the salary, benefits (including worker’s compensation benefits), pension costs, and any other employment costs of said employee as said costs are incurred on behalf of CSU. The City shall be responsible for reimbursing CSU in the A Packet Pg. 171 Attachment: Exhibit A (9025 : CSU-City Liaison RESO) amount and manner set forth above in paragraph 2. b. CSU will be responsible for the hiring, discipline and firing of said employee. In exercising these responsibilities, CSU shall consult with the City. The City will provide input and feedback to the CLS and the CLS’s supervisor and shall participate in reviews, evaluations and planning for the CLS position. The City shall regularly advise CSU of said employee’s work performance and shall immediately report to CSU any instances of alleged misconduct or discrimination. The Parties shall fully cooperate with each other in the investigation of any allegations of misconduct or discrimination. c. For the purposes of this Agreement, CSU hereby designates the Director of Off-Campus Life as its representative. The City designates the Neighborhood Services Manager as its representative. Either party may change its designated representative at any time by written notice. d. This Agreement shall not be assigned, enlarged, amended, extended, modified, or altered, except in writing, signed by the Parties as an amendment hereto. e. No waiver of any breach of this Agreement shall be held or construed to be a waiver of any subsequent breach hereof. f. This Agreement and the obligations of the parties hereunder, are expressly contingent upon the City budgeting and appropriating the funds needed to fulfill the City’s obligations hereunder. g. No terms or conditions in this Agreement shall constitute a waiver of any provision of the Colorado Governmental Immunity Act. 5. Liability. As an employee of CSU, any liability which may accrue under the provisions of the Colorado Governmental Immunity Act, CRS Section 24-10-101 et seq. on account of a negligent or other tortious act or omission by the CLS while performing duties shall be imposed upon CSU. Nothing herein shall be deemed a waiver of the notice requirements, defenses, immunities and limitations of liability that CSU may have under the Act referenced above. 6. Property. Any property of the City that is used by the CLS shall be identified as property of the City and shall be returned to the City in the same condition, less normal wear and tear, upon termination of this Agreement. 7. Notice. Any notice required to be delivered in writing pursuant to this Agreement, said notice shall be hand-delivered or delivered via US Mail, postage prepaid addressed as follows: If to the City: Neighborhood Services Manager City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 A Packet Pg. 172 Attachment: Exhibit A (9025 : CSU-City Liaison RESO) With a copy to: City Attorney’s Office PO Box 580 Fort Collins, CO 80522 If to the University: Colorado State University: Director of Off-Campus Life Lory Student Center Colorado State University Fort Collins, CO 80523 In addition, a copy of any notice to CSU concerning the validity or enforcement of any provision of this Agreement or any dispute arising hereunder, shall also be sent to: Office of the General Counsel 01 Administration Building Colorado State University Fort Collins, CO 80523-0006 8. Financial Obligations. All financial obligations of CSU incurred pursuant to this Agreement are expressly contingent upon CSU receiving funding appropriate for such expenditure from either the United States government, the government of the State of Colorado, or another authorized source. All financial obligations of the City incurred pursuant to this Agreement are expressly contingent upon the appropriation of funds therefore by the City Council of the City. Individual members of the Council are not assessable and have no fiscal responsibility to meet the financial obligations of this Agreement. 9. Third Party Beneficiaries. This Agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. 10. Authority. The persons who have signed and executed this Agreement represent that they are duly authorized to execute this Agreement in their individual or representative capacity. 11. Entire Understanding. This Agreement shall be construed according to its fair meaning and constitutes the entire understanding and agreement between the parties hereto pertaining to the matters addressed in this Agreement. 12. Default. A party will be considered in default of its obligations under this agreement if such party should fail to observe, comply with, or perform any term condition or covenant contained herein and such failure continues for thirty (30) days after the non- defaulting gives the defaulting party written notice thereof. In the event of default, the non- defaulting party, upon written notice to the defaulting party, may terminate this Agreement as of the date specified in the notice and may seek such other and further relief as may be provided by law. A Packet Pg. 173 Attachment: Exhibit A (9025 : CSU-City Liaison RESO) IN WITNESS WHEREOF, the Parties have entered into this Agreement the day and year first above written. BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, ACTING BY AND THROUGH COLORADO STATE UNIVERSITY, By:_____________________________ Blanche Hughes, Vice President for Student Affairs Date:__________________ APPROVED: By:_______________________________ Director of Off-Campus Life APPROVED AS TO FORM: By:_______________________________ CITY OF FORT COLLINS, COLORADO, a municipal corporation By:_____________________________ Darin A. Atteberry, City Manager ATTEST: _____________________ City Clerk APPROVED AS TO FORM: ______________________ Assistant City Attorney A Packet Pg. 174 Attachment: Exhibit A (9025 : CSU-City Liaison RESO) Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY May 5, 2020 City Council STAFF Beth Rosen, Affordable Housing Program Administrator Ryan Malarky, Legal SUBJECT Public Hearing and Resolution 2020- 042, Amending the Citizen Participation Plan Pursuant to the U.S. Department of Housing and Urban Development Waiver Memorandum Relating to COVID-19 Response Funds. EXECUTIVE SUMMARY This item is presented to Council because it meets the following priorities: (1) urgent items specifically related to COVID-19 activities that are critical in nature and must receive Council consideration as soon as possible; (6) items that relate to funding, operation and business activities that the City must continue despite the current crisis; and (7) items that are required to comply with federal or state legal or other requirements. The purpose of this item is to amend the Citizen Participation Plan (CPP), a document required by the Department of Housing and Urban Development (HUD) which outlines how the City will receive citizen input related to the use of HUD funded activities. Specifically, this amendment allows for reduced public comment periods and remote public meetings to allow for expedited deployment of HUD disaster and emergency funds, when such regulations are waived by HUD. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The City receives annual funding allocations from the Department of Housing & Urban Development (HUD) under the Community Development Block Grant (CDBG) program and the HOME Investment Partnership program (HOME). As a condition of receiving funding, local jurisdictions must develop a Citizen Participation Plan (CPP) which outlines how they will engage stakeholders and the public regarding community needs and planned use of funds. These plans include statutory requirements related to providing the public with adequate time to review and comment on HUD-related plans and reports, as well as provide comment at public hearings. On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed in to law. The CARES Act made available $5 billion in Community Development Block Grant Coronavirus (CDBG- CV) funds. Of this amount, HUD immediately allocated $2 billion based on the fiscal year 2020 CDBG formula. On April 2, 2020, HUD notified the City of its CARES Act allocation in the amount of $649,203. On March 30, 2020, HUD issued a Memorandum regarding Availability of Waivers of Community Planning and Development (CPD) Grant Program and Consolidated Plan Requirements to Prevent the Spread of COVID-19 and Mitigate Economic Impacts Caused by COVID-19, referred to as the “Mega Waiver.” This included waivers to regulatory requirements for 30-day Public Comment Periods related to Amendments to the Consolidated Plan and Annual Action Plan, as well as additional flexibility related to receiving citizen input, such as allowing for remote public meetings. (Attachment 1) 12 Packet Pg. 175 Agenda Item 12 Item # 12 Page 2 The City is required to amend its CPP and submit to HUD, along with a waiver request, prior to amending its 2019 Annual Action Plan, which is necessary to spend the CDBG-CV funds. Staff is currently working on a coordinated effort to identify priority needs and uses for this critical funding. This amended CPP will allow for a 5-day public comment period and remote public hearings as part of the process for submitting CDBG-CV funding recommendations to Council. (Attachment 2) CITY FINANCIAL IMPACTS Amending the CPP will facilitate quicker access to and deployment of the City’s CDBG allocation for COVID-19 response and recovery. PUBLIC OUTREACH Pursuant to the “Mega Waiver”, the draft amended CPP was posted on the City website with notice that the May 5, 2020 Council meeting would serve as the public hearing. ATTACHMENTS 1. HUD Mega Waiver (PDF) 12 Packet Pg. 176 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410-7000 OFFICE OF COMMUNITY PLANNING AND DEVELOPMENT www.hud.gov espanol.hud.gov MEMORADUM FOR: All Community Planning and Development Field Office Directors, Deputy Directors and Program Managers FROM: John Gibbs, Assistant Secretary, Acting, D SUBJECT: Availability of Waivers of Community Planning and Development (CPD) Grant Program and Consolidated Plan Requirements to Prevent the Spread of COVID-19 and Mitigate Economic Impacts Caused by COVID-19 PURPOSE This memorandum explains the availability of waivers of certain regulatory requirements associated with several CPD grant programs to prevent the spread of COVID-19 and to facilitate assistance to eligible communities and households economically impacted by COVID-19. This memorandum covers waivers of consolidated plan requirements for all CPD formula programs and program-specific waivers for the following CPD programs: Housing Opportunities for Persons with AIDS (HOPWA); Emergency Solutions Grant (ESG); and Continuum of Care (CoC). This memorandum also announces a simplified notification process for recipients of these programs to use this waiver flexibility to expedite the delivery of assistance. CPD Field Office Directors, Deputy Directors, and Program Managers are instructed to inform CPD recipients operating within their jurisdictions of the content of this memorandum. NOTIFICATION PROCESS Recipients may use the waivers described in this memorandum to assist affected CPD program beneficiaries and CPD program eligible households to prevent the spread of COVID-19 and to mitigate against the economic impact caused by COVID-19 for eligible households. To use the waiver flexibility provided in this memorandum, the recipient must provide notification in writing, either through mail or e-mail, to the CPD Director of the HUD Field Office serving its jurisdiction no less than two days before the recipient anticipates using the waiver flexibility. Further directions on notifying HUD can be found in Attachment #1. WAIVER AUTHORITY In December 2019, a new coronavirus known as SARS-CoV-2 was first detected in Wuhan, Hubei Province, People’s Republic of China, causing outbreaks of the coronavirus disease COVID- ATTACHMENT 1 12.1 Packet Pg. 177 Attachment: HUD Mega Waiver (9052 : HUD Citizen Participation Plan Amendment) 2 19 that has now spread globally. The first case was reported in the United States in January 2020. In March 2020, the World Health Organization declared the coronavirus outbreak a pandemic and President Trump declared the outbreak a national emergency. During this time, the majority of states have declared states of emergency with most shutting down large gathering places and limiting the movement of their residents. As a consequence, many CPD recipients are facing challenges in ensuring appropriate shelter options are available for program participants who need to be separated from others because they are exhibiting symptoms, training staff on how to safely work with program participants and prevent spreading the virus, obtaining supplies to prevent the spread of the virus, and maintaining necessary staffing levels during the outbreak. Further, many program participants are suffering economic consequences from the mass shutdown of businesses and lack of availability of traditional mainstream benefits. A number of recipients have inquired about the availability of waivers of various CPD program requirements to facilitate assistance to program participants and prevent the spread of the virus. In accordance with 24 CFR 5.110, HUD may, upon a determination of good cause and subject to statutory limitations, waive regulatory provisions. Additional regulatory waiver authority is provided in 24 CFR 91.600. These regulatory provisions provide HUD the authority to make waiver determinations for the ESG, CoC, and HOPWA Programs and consolidated planning requirements for all CPD formula programs. WAIVER AVAILABILITY To provide additional flexibility to communities to prevent the spread of COVID-19 and better assist individuals and families, including those experiencing homelessness infected with the virus or economically impacted by the virus, I hereby find good cause to provide the regulatory waivers below. To use each waiver, each recipient must follow the notification process described above and update its program records to include written documentation of the specific conditions that justify the recipient’s use of the waiver, consistent with the justifications and applicability provisions below. Provisions that are not specifically waived remain in full effect. CONTINUUM OF CARE PROGRAM 1. Fair Market Rent for Individual Units and Leasing Costs Requirement: Rent payments for individual units with leasing dollars may not exceed Fair Market Rent (FMR). Citation: 24 CFR 578.49(b)(2) Explanation: The CoC Program regulation at 24 CFR 578.49(b)(2) prohibits a recipient from using grant funds for leasing to pay above FMR when leasing individual units, even if the rent is reasonable when compared to other similar, unassisted units. Justification: Waiving the limit on using grant leasing funds to pay above FMR for individual units above FMR, but not greater than the reasonable rent will 12.1 Packet Pg. 178 Attachment: HUD Mega Waiver (9052 : HUD Citizen Participation Plan Amendment) 3 assist recipients in locating additional units to house individuals and families experiencing homelessness and reduce the spread and harm of COVID-19. Applicability: The FMR restriction is waived for any lease executed by a recipient or subrecipient to provide transitional or permanent supportive housing during the 6-month period beginning on the date of this memorandum. The affected recipient or subrecipient must still ensure that rent paid for individual units that are leased with CoC Program leasing dollars meet the rent reasonableness standard in 24 CFR 578.49(b)(2). 2. Disability Documentation for Permanent Supportive Housing (PSH) Requirement: A recipient providing PSH must serve individual and families where one member of the household has a qualifying disability (for dedicated projects and DedicatedPlus projects that individual must be the head of household). Further, the recipient must document a qualifying disability of one of the household members. When documentation of disability is the intake worker’s observation, the regulation requires the recipient to obtain additional confirming evidence within 45 days. Citation: 24 CFR 578.103(a) and 24 CFR 578.103(a)(4)(i)(B) Explanation: 24 CFR 578.103(a) requires recipients to maintain records providing evidence they met program requirements and 24 CFR 578.103(a)(4)(i)(B) establishes the requirements for documenting disability for individuals and families that meet the “chronically homeless” definition in 24 CFR 578.3. Acceptable evidence of disability includes intake-staff recorded observations of disability that, no later than 45 days from the application for assistance, is confirmed and accompanied by evidence in paragraphs 24 CFR 578.103(a)(4)(i)(B)(1), (2), (3), or (5). HUD is waiving the requirement to obtain additional evidence. Justification: Waiving 24 CFR 578.103(a)(4)(i)(B)(4) as specified below will allow recipients to house people by relying on intake staff-recorded observation of disability while providing recipients’ intake staff with additional time to confirm the disability. This will help households with observed disabilities to be housed quickly and obtain the necessary documentation once healthcare workers are no longer inundated by COVID-19 responses. Applicability: The requirement that intake staff-recorded observation of disability be confirmed and accompanied by other evidence no later than 45 days from the application for assistance documentation requirement is waived for any program participants admitted into PSH funded by the CoC Program for the 6-month period beginning on the date of this memorandum. Note: For the purposes of individuals and families housed in PSH from the date of 12.1 Packet Pg. 179 Attachment: HUD Mega Waiver (9052 : HUD Citizen Participation Plan Amendment) 4 this memorandum until public health officials determine no additional special measures are necessary to prevent the spread of COVID-19, a written certification by the individual seeking assistance that they have a qualifying disability is considered acceptable documentation approved by HUD under 24 CFR 578.103(a)(4)(i)(B)(5). 3. Limit on Eligible Housing Search and Counseling Services Requirement: With respect to program participant’s debts, 24 CFR 578.53(ed)(8)(ii)(B) only allows the costs of credit counseling, accessing a free personal credit report, and resolving personal credit issues. 24 CFR 578.53(d) limits the use of CoC Program funds for providing services to only those costs listed in the interim rule. Citation: 24 CFR 578.53(e)(8)(ii)(B) and 578.53(d) Explanation: 24 CFR 578.53(e)(8) allows recipients and subrecipients to use CoC funds to pay for housing search and counseling services to help eligible program participants locate, obtain, and retain suitable housing. For program participants whose debt problems make it difficult to obtain housing, 24 CFR 578.53(e)(8)(ii)(B) makes eligible the costs of credit counseling, accessing a free personal credit report, and resolving personal credit issues. However, payment of rental or utility arrears is not included as an eligible cost. 24 CFR 578.53(d) limits eligible supportive service costs to those explicitly listed in 24 CFR 578.53(e), which is a more limited list than is eligible under the McKinney-Vento Act. Justification: Waiving the limitation of housing search and counseling eligible activities to allow recipients and subrecipients to pay for up to 6 months of rental arrears and 6 months of utility arrears will help recipients and subrecipients remove barriers to obtaining housing quickly and help reduce the spread and harm of COVID-19. Applicability: The limitation on eligible housing search and counseling activities is waived so that CoC Program funds may be used for up to 6 months of a program participant’s utility arrears and up to 6 months of program participant’s rent arrears, when those arrears make it difficult to obtain housing. This waiver is in effect one-year beginning on the date of this memorandum. 4. Permanent Housing-Rapid Re-housing Monthly Case Management Requirement: Recipients must require program participants of permanent housing – rapid re-housing projects to meet with a case manager at least monthly. Citation: 24 CFR 578.37(a)(1)(ii)(F) 12.1 Packet Pg. 180 Attachment: HUD Mega Waiver (9052 : HUD Citizen Participation Plan Amendment) 5 Explanation: The CoC Program interim rule at 24 CFR 578.37(a)(1)(ii)(F) requires program participants to meet with a case manager not less than once per month to assist them in ensuring long-term housing stability. The project is exempt from this requirement already if the Violence Against Women Act of 1994 (42 U.S.C. 13925 et seq.) or the Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) prohibits the recipient carrying out the project from making its housing conditional on the participant's acceptance of services. Justification: Recipients are reporting limited staff capacity as staff members are home for a variety of reasons related to COVID-19 (e.g., quarantining, children home from school, working elsewhere in the community to manage the COVID-19 response). In addition, not all program participants have capacity to meet via phone or internet. Waiving the monthly case management requirement as specified below will allow recipients to provide case management on an as- needed basis and reduce the possible spread and harm of COVID-19. Applicability: This requirement in 24 CFR 578.37(a)(1)(ii)(F) that projects require program participants to meet with case mangers not less than once per month is waived for all permanent housing- rapid re-housing projects for two months beginning on the date of this memorandum. 5. Housing Quality Standards (HQS) – Initial Physical Inspection of Unit Requirement: Recipients are required to physically inspect any unit supported with leasing or rental assistance funds to assure that the unit meets housing quality standards (HQS) before any assistance will be provided on behalf of a program participant. Citation: 24 CFR 578.75(b)(1) Explanation: 24 CFR 578.75(b)(1) requires that recipients or subrecipients physically inspect each unit to assure that it meets HQS before any assistance will be provided for that unit on behalf of a program participant. Justification: Waiving the physical initial inspection requirement 24 CFR 578.75(b)(1) as specified below will allow recipients to help prevent the spread of COVID- 19. Applicability: This waiver of the requirement in 24 CFR 578.75(b)(1) that the recipient or subrecipient physically inspect each unit to assure that the unit meets HQS before providing assistance on behalf of a program participant is in effect for 6-months beginning on the date of this memorandum for recipients and subrecipients that are able to meet the following criteria: 12.1 Packet Pg. 181 Attachment: HUD Mega Waiver (9052 : HUD Citizen Participation Plan Amendment) 6 a. The recipient is able to visually inspect the unit using technology, such as video streaming, to ensure the unit meets HQS before any assistance is provided; and b. The recipient or subrecipient has written policies to physically re- inspect the unit within 3 months after the health officials determine special measures to prevent the spread of COVID-19 are no longer necessary. 6. HQS – Re-Inspection of Units Requirement: Recipients or subrecipients must inspect all units for which leasing or rental assistance funds are used, at least annually to ensure they continue to meet HQS. Citation: 24 CFR 578.75(b)(2) Explanation: 24 CFR 578.75(b)(2) requires that recipients or subrecipients are required to inspect all units supported by leasing or rental assistance funding under the CoC Program at least annually during the grant period to ensure the units continue to meet HQS. Justification: Waiving the annual re-inspection 24 CFR 578.75(b)(2) requirement during this public health crisis as specified below will help allow recipients to prevent the spread of COVID-19. . Applicability: This requirement in 24 CFR 578(b)(2) is waived for 1-year beginning on the date of this memorandum. 7. One-Year Lease Requirement Requirement: Program participants residing in PSH must be the tenant on a lease for a term of at least one year that is renewable and terminable for cause. Citation: 24 CFR 578.3, definition of permanent housing, 24 CFR 578.51(l)(1) Explanation: The CoC Program regulation at 24 CFR 578.3, definition of permanent housing, and 24 CFR 578.51(l)(1) requires program participants residing in permanent housing to be the tenant on a lease for a term of one year that is renewable and terminable for cause. Justification: Waiving the one-year lease requirement as specified below will allow recipients to more quickly identify permanent housing for individuals and families experiencing homelessness, which is helpful in preventing the spread of COVID-19. Applicability: The one-year lease requirement is waived for six-months beginning on the 12.1 Packet Pg. 182 Attachment: HUD Mega Waiver (9052 : HUD Citizen Participation Plan Amendment) 7 date of this memorandum, so long as the initial lease term of all leases is for more than one month. CONSOLIDATED PLAN REQUIREMENTS 8. Citizen Participation Public Comment Period for Consolidated Plan Amendment Requirement: 30-day Public Comment Period. Citations: 24 CFR 91.105(c)(2) and (k), 24 CFR 91.115(c)(2) and (i) and 24 CFR 91.401 Explanation: A CPD grantee may amend an approved consolidated plan in accordance with 24 CFR 91.505. Substantial amendments to the consolidated plan are subject to the citizen participation process in the grantee’s citizen participation plan. The citizen participation plan must provide citizens with 30 days to comment on substantial amendments. Justification: Given the need to expedite actions to respond to COVID-19, HUD waives 24 CFR 91.105(c)(2) and (k), 91.115(c)(2) and (i) as specified below, in order to balance the need to respond quickly to the growing spread and effects of COVID-19 with the statutory requirement to provide reasonable notice and opportunity for citizens to comment on substantial amendments concerning the proposed uses of CDBG, HOME, HTF, HOPWA or ESG funds. Applicability: This 30-day minimum for the required public comment period is waived for substantial amendments, provided that no less than 5 days are provided for public comments on each substantial amendment. The waiver is available through the end of the recipient’s 2020 program year. Any recipient wishing to undertake further amendments to prior year plans following the 2020 program year can do so during the development of its FY 2021 Annual Action Plan. 9. Citizen Participation Reasonable Notice and Opportunity to Comment Requirement: Reasonable Notice and Opportunity to Comment. Citations: 24 CFR 91.105(c)(2) and (k), 24 CFR 91.115(c)(2) and (i) and 24 CFR 91.401 Explanation: As noted above, the regulations at 24 CFR 91.105 (for local governments) and 91.115 (for States) set forth the citizen participation plan requirements for recipients. For substantial amendments to the consolidated plan, the regulations require the recipient to follow its citizen participation plan to 12.1 Packet Pg. 183 Attachment: HUD Mega Waiver (9052 : HUD Citizen Participation Plan Amendment) 8 provide citizens with reasonable notice and opportunity to comment. The citizen participation plan must state how reasonable notice and opportunity to comment will be given. Justification: HUD recognizes the efforts to contain COVID-19 require limiting public gatherings, such as those often used to obtain citizen participation, and that there is a need to respond quickly to the growing spread and effects of COVID-19. Therefore, HUD waives 24 CFR 91.105(c)(2) and (k), 24 CFR 91.115(c)(2) and (i) and 24 CFR 91.401 as specified below to allow these grantees to determine what constitutes reasonable notice and opportunity to comment given their circumstances. Applicability: This authority is in effect through the end of the 2020 program year. EMERGENCY SOLUTIONS GRANTS PROGRAM 10. HMIS Lead Activities Requirement: ESG funds may be used to pay the costs of managing and operating the HMIS, provided that the ESG recipient is the HMIS Lead. Citation: 24 CFR 576.107(a)(2) Explanation: To enable ESG-funded projects to participate in HMIS as required by section 416(f) of the McKinney-Vento Homeless Assistance Act, 24 CFR 576.107(a)(2) authorizes the use of ESG funds for managing and operating the HMIS (e.g., hosting and maintaining HMIS software or data, upgrading, customizing, and enhancing the HMIS), only where the ESG recipient is the HMIS Lead, as designated by the CoC. Justification: Waiving the rule as specified below would allow more recipients to use ESG funding to upgrade or enhance the HMIS as needed to incorporate ESG program data related to COVID-19. Applicability: The condition that the recipient must be the HMIS Lead to pay costs under 24 CFR 576.102(a)(2) is waived to the extent necessary to allow any recipient to use ESG funds to pay costs of upgrading or enhancing its local HMIS to incorporate data on ESG Program participants and ESG activities related to COVID-19. This waiver is in effect for 6-months beginning on the date of this memorandum. 11. Re-evaluations for Homelessness Prevention Assistance Requirement: Homelessness prevention assistance is subject to re-evaluation of each program participant’s eligibility need for assistance not less than once every 3 months. 12.1 Packet Pg. 184 Attachment: HUD Mega Waiver (9052 : HUD Citizen Participation Plan Amendment) 9 Citation: 24 CFR 576.401(b) Explanation: The ESG regulations at 24 CFR 576.401(b) requires recipients or subrecipients providing homelessness prevention assistance to re-evaluate the program participant’s eligibility, and the types and amounts of assistance the program participant needs not less than once every 3 months. Justification: Waiving re-evaluation requirement for homelessness prevention assistance as specified below is necessary to help program participants remain stable in housing during the economic uncertainty caused by COVID-19. Applicability: The required frequency of re-evaluations for homelessness prevention assistance under section 576.401(b) is waived for up to 2-years beginning on the date of this memorandum, so long as the recipient or subrecipient conducts the required re-evaluations not less than once every 6 months. 12. Housing Stability Case Management Requirement: Program participants receiving homelessness prevention or rapid re-housing assistance must meet with a case manager not less than once per month, unless certain statutory prohibitions apply. Citation: 24 CFR 576.401(e) Explanation: Under 24 CFR 576.401(e), the recipients or subrecipients must require program participants to meet with a case manager not less than once per month to assist them in ensuring long-term housing stability, unless the Violence Against Women Act of 1994 or Family Violence Prevention and Services Act prohibits the recipient or subrecipient from making its shelter or housing conditional on the participant's acceptance of services. Justification: Recipients are reporting limited staff capacity as staff members are home for a variety of reasons related to COVID-19 (e.g., quarantining, children home from school, working elsewhere in the community to manage the COVID-19 response). In addition, not all program participants have capacity to meet via phone or internet. Waiving the monthly case management requirement as specified below will allow recipients to provide case management on an as needed basis and reduce the possible spread and harm of COVID-19. Applicability: This waiver is in effect for two months beginning on the date of this memorandum. 13. Restriction of Rental Assistance to Units with Rent at or Below FMR Requirement: Restriction of rental assistance to units with rent at or below FMR. 12.1 Packet Pg. 185 Attachment: HUD Mega Waiver (9052 : HUD Citizen Participation Plan Amendment) 10 Citation: 24 CFR 576.106(d)(1) Explanation: Under 24 CFR 576.106(d)(1), rental assistance cannot be provided unless the total rent is equal to or less than the FMR established by HUD, as provided under 24 CFR Part 888, and complies with HUD’s standard of rent reasonableness, as established under 24 CFR 982.507. Justification: Quickly moving people into permanent housing is especially critical in preventing the spread of COVID-19. Waiving the limit on rental assistance to rents that are equal to or less than the FMR, established by HUD, will assist recipients and subrecipients in more quickly locating additional units to house individuals and families experiencing homelessness. Applicability: The FMR restriction is waived for any individual or family receiving Rapid Re-housing or Homelessness Prevention assistance who executes a lease for a unit during the 6-month period beginning on the date of this memorandum. The ESG recipient or subrecipient must still ensure that the units in which ESG assistance is provided to these individuals and families meet the rent reasonableness standard. HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) 14. HOPWA – Self-Certification of Income and Credible Information on HIV Status Requirement: Source Documentation for Income and HIV Status Determinations. Citation: 24 CFR 574.530, Recordkeeping Explanation: Each grantee must maintain records to document compliance with HOPWA requirements, which includes determining the eligibility of a family to receive HOPWA assistance. Justification: This waiver will permit HOPWA grantees and project sponsors to rely upon a family member’s self-certification of income and credible information on their HIV status (such as knowledge of their HIV-related medical care) in lieu of source documentation to determine eligibility for HOPWA assistance of families and grantees affected by COVID-19. Applicability: Eligibility is restricted to a low-income person who is living with HIV/AIDS and the family of such person. This waiver is in effect for recipients who require written certification of the household seeking assistance of their HIV status and income, and agree to obtain source documentation of HIV status and income eligibility within 3 months of public health officials determining no additional special measures are necessary to prevent the spread of COVID-19. 12.1 Packet Pg. 186 Attachment: HUD Mega Waiver (9052 : HUD Citizen Participation Plan Amendment) 11 15. HOPWA – FMR Rent Standard Requirement: Rent Standard for Tenant-Based Rental Assistance (TBRA). Citation: 24 CFR 574.320(a)(2), Rent Standard Explanation: Grantees must establish rent standards for their tenant-based rental assistance programs based on FMR (Fair Market Rent) or the HUD- approved community-wide exception rent for unit size. Generally, the TBRA payment may not exceed the difference between the rent standard and 30 percent of the family's adjusted income. Justification: This waiver of the FMR rent standard limit permits HOPWA grantees to establish rent standards, by unit size, that are reasonable, and based upon rents being charged for comparable unassisted units in the area, taking into account the location, size, type, quality, amenities, facilities, management and maintenance of each unit. Grantees, however, are required to ensure the reasonableness of rent charged for a unit in accordance with §574.320(a)(3). This waiver is required to expedite efforts to identify suitable housing units for rent to HOPWA beneficiaries and HOPWA-eligible families that have been affected by COVID-19, and to provide assistance to families that must rent units at rates that exceed the HOPWA grantee's normal rent standard as calculated in accordance with §574.320(a)(2). Applicability: Such rent standards may be used for up to one year beginning on the date of this memorandum. 16. HOPWA – Property Standards for TBRA Requirement: Property Standards for Tenant-Based Rental Assistance (TBRA) Citation: 24 CFR 574.310(b), Housing Quality Standards Explanation: This section of the HOPWA regulations provides that units occupied by recipients of HOPWA TBRA meet the Housing Quality Standards (HQS) established in this section. Justification: This waiver is required to enable grantees and project sponsors to expeditiously meet the critical housing needs of the many eligible families that have been affected by COVID-19 while also minimizing the spread of the coronavirus. Applicability: This waiver is in effect for one year beginning on the date of this memorandum for recipients and project sponsors that are able to meet the 12.1 Packet Pg. 187 Attachment: HUD Mega Waiver (9052 : HUD Citizen Participation Plan Amendment) 12 following criteria: a. The recipient or project sponsor is able to visually inspect the unit using technology, such as video streaming, to ensure the unit meets HQS before any assistance is provided; and b. The recipient or subrecipient has written policies to physically re- inspect the unit after the health officials determine special measures to prevent the spread of COVID-19 are no longer necessary. 17. HOPWA Space and Security Requirement: Adequate Space and Security. Citation: 24 CFR 574.310(b)(2)(iii), Space and security Explanation: This section of the HOPWA regulations provide that each resident must be afforded adequate space and security for themselves and their belongings. Justification: This waiver is required to enable grantees and project sponsors operating housing facilities and shared housing arrangements the flexibility to use optional appropriate spaces for quarantine services of eligible households affected by COVID-19. Optional spaces may include the placement of families in a hotel/motel room where family members may be required to utilize the same space not allowing for adequate space and security for themselves and their belongings. Applicability: This space and security requirement is waived for grantees addressing appropriate quarantine space for affected eligible households during the allotted quarantined time frame recommended by local health care professionals. 12.1 Packet Pg. 188 Attachment: HUD Mega Waiver (9052 : HUD Citizen Participation Plan Amendment) 13 Attachment #1 to Memorandum: Procedure for Using Available Waivers of Program and Consolidated Plan Requirements to Prevent the Spread of COVID-19 and Mitigate Economic Impacts Caused by COVID-19 This attachment provides further information on the process that grantees must follow to use the waiver flexibility provided in the memorandum. Grantees must mail or email notification to the Community Planning and Development Director of the HUD Field Office serving the grantee. The mail or email notification must be sent two days before the grantee anticipates using waiver flexibility, and include the following details: Requestor’s name, title, and contact information; Declared-disaster area(s) where the waivers will be used; Date on which the grantee anticipates first use of the waiver flexibility; and A list of the waiver flexibilities the grantee will use: 1. CoC Program - Fair Market Rent for Individual Units and Leasing Costs 2. CoC Program - Disability Documentation for Permanent Supportive Housing (PSH) 3. CoC Program – Limit on Eligible Housing Search and Counseling Services 4. CoC Program - Permanent Housing-Rapid Re-housing Monthly Case Management 5. CoC Program - Housing Quality Standards (HQS) – Initial Physical Inspection of Unit 6. CoC Program - HQS – Re-Inspection of Units 7. CoC Program – One-Year Lease Requirement 8. Consolidated Planning Requirements – HOME, CDBG, HTF, ESG, and HOPWA Programs – Citizen Participation Public Comment Period for Consolidated Plan Amendment 9. Consolidated Planning Requirements – HOME, CDBG, HTF, ESG, and HOPWA Programs – Citizen Participation Reasonable Notice and Opportunity to Comment 10. ESG Program - HMIS Lead Activities 11. ESG Program - Re-evaluations for Homelessness Prevention Assistance 12. ESG Program - Housing Stability Case Management 13. ESG Program - Restriction of Rental Assistance to Units with Rent at or Below FMR 14. HOPWA Program – Self-Certification of Income and Credible Information on HIV Status 15. HOPWA Program – FMR Rent Standard 16. HOPWA Program – Property Standards for TBRA 17. HOPWA Program - Space and Security 12.1 Packet Pg. 189 Attachment: HUD Mega Waiver (9052 : HUD Citizen Participation Plan Amendment) -1- RESOLUTION 2020-042 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITIZEN PARTICIPATION PLAN PURSUANT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WAIVER MEMORANDUM RELATING TO COVID-19 RESPONSE FUNDS WHEREAS, the National Affordable Housing Act requires that local governments have certain plans in place, approved by the U.S. Department of Housing and Urban Development (“HUD”) to remain eligible for certain federal grant programs, including the Community Development Block Grant program (“CDBG”) and the Home Investment Partnerships program (“HOME”); and WHEREAS, in 2015, City Council approved a Citizen Participation Plan (“CPP”) as part of its adoption of the 2015-2019 Five-Year Consolidated Plan, which identifies community needs and service gaps, and defines a course of action and priorities for the City’s expenditures of anticipated federal funding; and WHEREAS, the CPP is required by HUD and outlines how the City will receive citizen and stakeholder input on community needs and the City’s use of HUD-funded activities; and WHEREAS, the City’s CPP conforms to federal requirements regarding the amount of time that must be allowed to the public to review and comment on City use of HUD funds; and WHEREAS, on March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed into law, making available $5 billion in CDBG-Coronavirus (“CDBG-CV”) funds; and WHEREAS, on April 2, 2020, HUD notified the City that HUD allocated $649,203 in CDBG-CV funds to the City; and WHEREAS, on March 30, 2020, HUD issued a memorandum regarding the availability of waivers of requirements contained in its Community Planning and Development Grant Program and Consolidated Plan Requirements, as part of an effort to expedite the distribution of funds to communities to prevent the spread of COVID-19 and mitigate its economic impacts; and WHEREAS, the memorandum includes waivers of regulatory requirements for 30-day public comment periods on amendments to the City’s Consolidated Plan and its Annual Action Plan (“AAP”), which establishes the use of CDBG funds on an annual basis; and WHEREAS, the memorandum also allows for flexibility in the method of receiving public input, including allowing remote public meetings; and WHEREAS, the City must amend its CPP and submit the same to HUD along with a waiver request, prior to amending its 2019 AAP, which is necessary to spend the CDBG-CV funds; and Packet Pg. 190 -2- WHEREAS, the amendments to the CPP will allow for a five day public comment period and will permit remote public meetings and hearings as part of the process for submitting CDBG-CV funding recommendations to City Council; and WHEREAS, a copy of the proposed amended CPP is attached hereto and incorporated herein by reference as Exhibit “A;” and WHEREAS, the City Council has determined that adoption of the amended CPP is in the best interests of the City and promotes the health, safety and general welfare of City residents by expediting the use of CDBG-CV funds to respond to the COVID-19 pandemic. 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 in light of the foregoing, the City Council hereby adopts the amended Citizen Participation Plan, attached as Exhibit “A”. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of May, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 191 CITIZEN PARTICIPATION PLAN (for HUD’s* five federal planning and reporting activities) May 5, 2020 City of Fort Collins Colorado Social Sustainability Department P. O. Box 580 Fort Collins CO 80522-0580 fcgov.com/socialsustainability * U.S. Department of Housing and Urban Development EXHIBIT A A Packet Pg. 192 Attachment: Exhibit A (9065 : HUD Citizen Participation Plan Amendment RESO) 2 Table of Contents I. Introduction 4 II. Plan Overview and Emphasis 4 III. General Guidelines and Standards for Public Participation 5 Standards for Distribution and Access 5 Reasonable and Special Accommodations 6 Overall Citizen Participation Standards 6 Review Periods 6 Public Hearings 7 Notices for Meetings, Public Hearings and Review Periods 8 IV. Additional Guidelines and Information for HUD’s Five Planning and Reporting Activities 8 Five-Year Strategic (Consolidated) Plan 8 Annual Action Plan 9 Amendments 9 Amendment Guidelines 9 Amendment Category Determination 10 Consolidated Annual Performance and Evaluation Report 10 VI. Citizen Participation: Other Guidelines and Information 11 Interdepartmental Coordination and Cooperation 11 Document Retention 11 Technical Assistance 11 Complaint Procedures 11 Response Standards for Citizen Complaints 11 Complaint and Response Process 12 Funding Application Complaints 13 Discrimination Complaints 13 VII. Conclusion 13 VIII. Attachment A: Citizen Process Table 14 A Packet Pg. 193 Attachment: Exhibit A (9065 : HUD Citizen Participation Plan Amendment RESO) 3 IX. Attachment B: Definitions 15 X. Attachment C: Anti-Displacement Policy 17 A Packet Pg. 194 Attachment: Exhibit A (9065 : HUD Citizen Participation Plan Amendment RESO) 4 Introduction The City of Fort Collins’ mission is to provide “exceptional service for an exceptional community.” In support of its overall Strategic Plan—and to the greatest extent possible—the City recognizes the importance of involving all community members in the planning and decision-making process of government. The goal of this Citizen Participation Plan is to fully integrate citizen input into the five planning and reporting activities required to successfully manage the City’s current community development, housing, and other future U.S. Department of Housing and Urban Development (HUD) programs. The five planning and reporting activities are: • Five-Year Strategic (Consolidated) Plan; • Annual Action Plans (AAP); • Consolidated Annual Performance and Evaluation Reports (CAPER); • Substantial Amendments to the Consolidated Plan or Annual Action Plans; • Amendments to this Citizen Participation Plan. Currently, the City of Fort Collins is the recipient of federal Community Development Block Grant (CDBG) funds and HOME Investment Partnership Program (HOME) funds. The Social Sustainability Department has primary responsibility for managing the citizen participation process and the development, implementation and reporting of annual accomplishments referenced in this Citizen Participation Plan. This plan also fulfills the requirements of federal regulation, 24 CFR Part 91.105. Plan Overview and Emphasis At the highest level, the City of Fort Collins has an overarching goal of being a sustainable community: environmentally, socially, and economically. Therefore, the City intends that its programs and policies have the greatest community impact possible. Effective and meaningful civic engagement is a strategy towards that goal. Specific to this arena, Fort Collins will encourage those persons who are intended to directly benefit from federal funds to participate in the formulation and implementation of projects to be funded with those dollars. These community members may include: minority residents or other persons in a legally protected class; those who do not speak English (Limited English Proficiency or LEP); persons with disabilities; female heads of households; and residents who identify themselves as low- and moderate-income. Of particular emphasis—in addition to the organizations and agencies that serve low- and moderate-income clients—is the participation of low- and moderate-income persons and residents of Public Housing and assisted housing. Moreover, special efforts will be made to include persons who are within one or more legally protected class categories, or who have English language barriers, or who are language isolated. A Packet Pg. 195 Attachment: Exhibit A (9065 : HUD Citizen Participation Plan Amendment RESO) 5 Additionally, the City is committed to the meaningful public engagement of community members who may be part of a special population (such as at-risk youth), or who are considered to be in a federal Presumed Benefit category (such as persons experiencing homelessness or those with HIV/AIDs). The City will enlist nonprofit and community organizations, including faith-based groups, resident associations, housing and human service agencies and other groups—as well as businesses and developers—to assist the City with fully engaging residents in the planning and implementation of its federal programs. In addition, the City will use developing communications strategies and media to further this goal. Those avenues to increase citizen input may include newsletters, news releases, web bulletins, social media, email, or other print or electronic materials. Finally, the City will use communications strategies which specifically address and connect with the unique needs of sub-populations within our community (e.g., persons experiencing homelessness, Spanish-speaking-only female heads of households). This Citizen Participation Plan will be incorporated (by attachment or reference) into every Five-Year Strategic (Consolidated) Plan, Annual Action Plans, and Consolidated Annual Performance Reports. General Guidelines and Standards for Public Participation The Citizen Participation Table, which organizes important process information in matrix form, is located in Attachment A. This Table is a quick reference tool, outlining all requirements for each planning and reporting activity. Definitions are provided in Attachment B. Standards for Distribution and Access* Public review and comments are welcome at any point in the process for the five reporting and planning activities. The City will encourage citizen input by: • Posting ADA- and Title VI-compliant notices in The Coloradoan, Fort Collins’ general circulation newspaper, in English and in Spanish; • Posting notices through partner agencies serving persons in legally protected classes, special populations, or Presumed Benefit categories (as determined by HUD). The City’s Communications and Public Involvement Office’s (CPIO) Multicultural/Diversity Contact database will be used as a reference. The notices will be posted and shared by those community partners determined to be most appropriate and effective, according to the Social Sustainability Department and CPIO, or by request; • Providing opportunities for interviews, surveys or focus groups, when appropriate; A Packet Pg. 196 Attachment: Exhibit A (9065 : HUD Citizen Participation Plan Amendment RESO) 6 • Posting an electronic copy of the document on the City’s website (which is compatible with web readers for the visually impaired and connected to Google Translate); and • Providing paper copies of documents at accessible locations, such as City offices and public libraries and community centers (except in the event that a declared emergency or disaster makes such action infeasible). • Whenever possible, using specialized communications strategies to address the needs of unique sub-populations (e.g., persons experiencing homelessness, Spanish-speaking-only, female heads of households, etc.). Reasonable and Special Accommodations* • To the maximum extent feasible, copies of the five reporting and planning activities documents will be made available in fully accessible locations. • Public input will be solicited in fully accessible locations. • Public meetings and public hearings will occur in fully accessible locations. • Upon request, the City will provide materials in Braille, large print, in Spanish or other languages as needed, or in a voice recording, at no cost to the requestor. • The City’s TDD/TYY number is: 970-221-3490. • Interpretation services will be made available where it is reasonably anticipated there will be a significant number of non-English speaking residents in attendance. • City Council proceedings are available with Closed Captioning on the local government cable channel (Channel 14). • The City will also deliver a copy of any Plan, Amendment or Report to a homebound person upon request. • Reasonable notice for requests is usually considered to be 48 hours. • Any content on the City of Fort Collins website may be immediately translated into any one of 81 languages. The Google Translate feature is located in the upper right section of the City’s Home page at: fcgov.com. • Regulation 24 CFR Part 91.105 (b) (1) also requires that any HUD-funded project or program that may displace residents describe how the City will assist those displaced. The City’s current Anti-Displacement Policy is an attachment to this document (Attachment C). Overall Citizen Participation Standards Review Periods Thirty-day (30-day) Public Review Periods are federally required and specifically set aside for public comments and input: A Packet Pg. 197 Attachment: Exhibit A (9065 : HUD Citizen Participation Plan Amendment RESO) 7 • For funding (federal and local) allocation recommendations prior to any final City Council funding allocation decision; • Prior to the submission of a Five-Year Strategic (Consolidated) Plan to City Council for approval; • Prior to the submission of an Annual Action Plan to HUD; and • Prior to the submission of any Substantial Amendment for the Consolidated Plan, an Annual Action Plan, and this Citizen Participation Plan. A fifteen-day (15-day) Public Review Period is federally required and specifically set aside for public comments and input: • Prior to the submission of a Consolidated Annual Performance and Evaluation Report (CAPER) to HUD. Waiver of federally required public comment periods: • When, due to designated disasters or emergencies, HUD issues federal waiver guidance on the required minimum public review period, City staff will submit the prepared waiver request and documentation in order to deploy funding as expeditiously as possible. For FY19 AAP amendments and actions required to respond to COVID-19, the minimum public review period has been waived to allow for no less than 5 days for public comment. Public Hearings A minimum of two (2) federally required public hearings are held each Program Year to solicit citizen viewpoints and input. These public hearings are designed to ensure the City follows its purposes and proposed goals, and fully integrates citizen input into the corresponding documents in order to meet community needs. One public hearing will be held for the purpose of soliciting viewpoints on community needs and the proposed use of funds. The second public hearing will be held to assess how funds were spent during the prior Program Year. To comply with regulations, the public hearings are held at times and locations convenient to potential and or actual beneficiaries. In addition, City Council holds a public hearing before making a final decision at the end of each funding allocation process. City Council also holds public hearings before adopting the Five-Year Strategic Plan or its Substantial Amendments, and Substantial Amendments to the most recently adopted or amended Citizen Participation Plan.Public hearings for each Annual Action Plan, or its Amendments, are held by the Social Sustainability Department. Because the Consolidated Annual Performance and Evaluation Report (CAPER) is a summary and report on the previous federal Program Year’s performance, it does not include a public hearing as part of its process. Citizens A Packet Pg. 198 Attachment: Exhibit A (9065 : HUD Citizen Participation Plan Amendment RESO) 8 still have varied opportunities throughout the Public Review Period to express their thoughts on the accuracy and content of that document. All public hearing venues are in an accessible location. Interpretation services are made available where it is reasonably anticipated that there will be a significant number of non-English speaking residents in attendance. When public health crises or other disaster response prohibits the City’s ability to hold public meetings, City Council and/or Social Sustainability staff may elect to hold public hearings via an online platform, with appropriate notice and opportunity for reasonable accommodations and public comment. Notices for Meetings, Public Hearings and Review Periods At a minimum, notices for meetings, public hearings, and public review periods will be posted according to General Guidelines and Standards for Citizen Participation. Meetings Notices of pending meetings are posted at the Fort Collins City Clerk’s office in accordance with the Colorado Open Meetings Act. Additionally, they are also posted on the City’s website. The notices include a summary of the content included in the notice. Notices of pending meetings are posted at least 24 hours prior to a meeting, both physically at City Hall, and on the City’s website. Notices of a meeting cancellation or a special meeting are posted at least 24 hours in advance of the change, both physically at City Hall, and on the City’s website. Public Hearings Whenever possible, notice of a public hearing will be published at least fifteen (15) days* prior to the hearing, and never less than seven (7) days before a hearing. Additionally, General Guidelines and Standards for Public Participation will be followed. Those Guidelines and Standards in this document are intended to facilitate maximum citizen awareness, and participation in the Hearing. Public Review Periods All notices for a public review period will be published at least one (1) day prior to the commencement of the review period. Additionally, General Guidelines and Standards for Public Participation will be followed. Content in notices for public review periods will include the anticipated Community Development Block Grant and HOME Investment Partnership Program funding, any other HUD or City funding the City reasonably expects to A Packet Pg. 199 Attachment: Exhibit A (9065 : HUD Citizen Participation Plan Amendment RESO) 9 receive, how the funds are proposed to be allocated, and where further information is available. Waivers for Disaster Recover and Emergency Response In the instance of disaster recovery or emergency response, the City will implement HUD waiver guidance pertaining to public notices, public review periods and public hearings in order to expeditiously deploy critical response funds. * According to 2014 HUD CPD technical assistance received by the City, the 15-day advance notice for hearings is set out as a best practice by HUD, but is not required by regulation. The intent is to solicit maximum citizen awareness and participation, as outlined in the remainder of the paragraph. A Packet Pg. 200 Attachment: Exhibit A (9065 : HUD Citizen Participation Plan Amendment RESO) 10 Additional Guidelines and Information for HUD’s Five Planning and Reporting Activities At a minimum, the City will follow standards outlined under General Guidelines and Standards for Public Participation. Five-Year Strategic (Consolidated) Plan In order to receive an annual allocation of federal funds from the Department of Housing and Urban Development (HUD), the City must submit a Five-Year Strategic (Consolidated) Plan, which serves as the City’s strategic plan for five years, outlining goals to be achieved with its federal funds. To develop its Five-Year Strategic (Consolidated) Plan, the City may use a combination of the services of a consultant, along with consultations with other agencies, public hearings, and the solicitation of written comments, surveys, focus groups, and other methods of public engagement. The City will also coordinate its Plan with the Fort Collins Housing Authority for its Public Housing requirements. Annual Action Plan To implement the City’s five-year goals, an Annual Action Plan is also submitted to HUD each year listing the location, cost, proposed outcome, and ancillary information related to each project or program. Federal regulations require these funds be targeted to where they provide the greatest benefit to residents designated to receive HUD assistance, primarily the City’s low- and moderate-income residents. Amendments An amendment to the approved Five-Year Strategic (Consolidated) Plan will occur in the following instances: when the City adds a new priority, project or program not previously considered; decides not to carry out a project (activity) described in the Plan; decides to carry out a project not previously described; or to substantially change the purpose, scope, and/or location of beneficiaries of a project. Amendment Guidelines Substantial Amendments to Five-Year Strategic Plans (including AAPs) Substantial changes may include, but are not limited to: • Major project changes in: service area; significant change to a new location; purpose; program beneficiaries; or national objective compliance; A Packet Pg. 201 Attachment: Exhibit A (9065 : HUD Citizen Participation Plan Amendment RESO) 11 • Changing the use of CDBG funds from one eligible activity to another; • Changes from one activity to another, such as project cancellation and a new project approval; • Establishment of a new Neighborhood Revitalization Strategy Area (NRSA); and • Funding changes (+/-) greater than $25,000. Minor Amendments to Five-Year Strategic Plans (including AAPs) Amendments not considered substantial are small increases or decreases in the amount of funds allocated to an approved project or activity in order to achieve the original purpose of the project or activity. These minor changes may be carried out at the discretion of the department and are not subject to the criteria that apply to Substantial Amendments. Accordingly, there is no specific citizen participation process outlined for this activity. Because of potential impact to citizens being served by funding, Substantial Amendments will be subject to the same Guidelines and Standards for Public Participation as the other planning and reporting activities. With the exception of amendments due to receipt of disaster recovery or emergency response funds, Substantial Amendments will require: adequate notice of a 30-day public review period, the public review period, and a public hearing. Approval by City Council and a City Council public hearing will also be required for Substantial Amendments to the Five-Year Strategic (Consolidated) Plan (see Attachment A, Citizen Participation Table, Substantial Amendments). Amendment Category Determination for Citizen Participation Plan Amendments Due to a variety of circumstances and timelines under which such an amendment might occur, should there be a need for an amendment to the Citizen Participation Plan, departmental staff will determine the appropriate public participation process. Substantial Amendments to the Citizen Participation Plan Substantial changes may include, but are not limited to: • Substantial amendments include major changes in the methods used for public participation for any Plan approved by City Council, including public hearings, public review periods, and public notices. • Minor amendments will include any updates required by HUD for receipt of funds, including but not limited to, disaster recovery or emergency response funds. A Packet Pg. 202 Attachment: Exhibit A (9065 : HUD Citizen Participation Plan Amendment RESO) 12 Citizen Participation Plan updates for the purposes of addressing housekeeping or administrative items such as contact name changes, will be considered as minor updates, and not an amendment. Consolidated Annual Performance and Evaluation Report An integral part of measuring the success of the City’s HUD-funded activities is the publication of a Consolidated Annual Performance and Evaluation Report (CAPER), which provides an objective assessment of the City’s progress toward meeting the stated goals outlined in the Five-Year Strategic (Consolidated) Plan, as well as the corresponding Annual Action Plan being reported on. Citizen Participation: Other Guidelines and Information Interdepartmental Coordination and Cooperation The Social Sustainability Department will work with the Communications and Public Involvement (CPIO), any communications employees assigned to the Social Sustainability Department, and employees of the Finance Department who are responsible for overall grants compliance administration and Title VI compliance. Document Retention All Plans, Amendments, Reports, and activity files are public documents and are available both in paper copy and electronically from the City of Fort Collins. All documents are retained for a minimum of five years and are available for review with sufficient notice (usually 48 hours). To maintain confidentiality, the City will take all necessary measures to ensure any sensitive beneficiary information contained within the department’s files is compliant with federal, state, and local privacy requirements. Technical Assistance Upon request, Social Sustainability Department staff will provide technical assistance to any group representative of persons of low- and moderate-income interested in developing proposals for funding assistance under any of the programs covered by the Consolidated Plan. The department may determine, at its discretion, the level and type of assistance following consultation with those requesting technical assistance. Complaint Procedures Response Standards for Citizen Complaints A Packet Pg. 203 Attachment: Exhibit A (9065 : HUD Citizen Participation Plan Amendment RESO) 13 Substance and Timeliness Should a citizen have concerns/complaints related to the Plans, Amendments and/or Reports or any other federal program document or procedure, the concerns may be submitted in writing. The City will provide a timely, substantive written response to every citizen complaint within 15 business days, as required by federal regulation. Inclusion in Documents/Plans Complaints received during any of the five reporting and planning activity processes, and the outcome of their consideration by the City, will be included in the corresponding, adopted Five-Year Strategic (Consolidated) Plan or Annual Action Plans submitted to HUD. Excluded Comments City staff shall notate citizen comments excluded from any document, the general nature of the comment, and the reason for exclusion. Complaint and Response Process Level One: 1) The response to the complaint will be handled by the Project Manager assigned to the plan or activity, or by a Social Sustainability employee designated by the Department Director. 2) When a Project Manager or other contact information is not expressly provided, written complaints may be submitted to: Address: Director of Social Sustainability City of Fort Collins P. O. Box 580 Fort Collins CO 80522-0580 Phone: 970-221-6734 Level Two: If not resolved by the Department, formal complaints should be addressed to the Fort Collins City Manager and filed in writing at: City Manager’s Office, City Hall, 300 Laporte Ave, Fort Collins, CO 80521. The City Manager will refer the complaint to appropriate City staff for a written response regarding the complaint within 15 business days upon receipt of the complaint. A Packet Pg. 204 Attachment: Exhibit A (9065 : HUD Citizen Participation Plan Amendment RESO) 14 Level Three: If the complainant is not satisfied with the City Manager’s response, further appeals should be addressed to the Fort Collins City Council, c/o the Mayor (City Hall, 300 W. Laporte Ave., Fort Collins, CO 80521). The Council has 30 days in which to take further action as deemed necessary to address the complainant’s concerns. Level Four: If the complainant has not been satisfied with the response of City Council, a formal complaint may then be addressed directly to the regional Department of Housing and Urban Development (HUD) at: Department of Housing & Urban Development, 1670 Broadway, Denver, CO 80202-4801. Funding Application Complaints Formal complaints regarding HUD’s approval of the City of Fort Collins’ application for CDBG and/or HOME funding should be submitted in writing to the HUD Area Office within 30 days of the publication of the application notice. In order to ensure submitted objections are considered during the review process, HUD will not approve an application until at least 45 days after receipt of an application. In the interest of time, therefore, if the complainant is not satisfied with the response from the City staff and wants her/his comments to be considered during the HUD review process of the City’s CDBG/HOME funding application, she/he should then contact HUD directly within the designated time frame. Discrimination Complaints When the complainant’s concern is of a discrimination-related nature (e.g., discrimination on the basis of physical or mental disability; race; creed; color; sex; marital status; familial status; religion; national origin; and/or ancestry; or other legally protected classes), the complainant should immediately contact one of the following resources: 1) City Manager’s Office: Civil Rights/ADA Officer 300 W. Laporte Ave., Fort Collins, CO 80521 Phone: 970-416-2253 2) City of Fort Collins: Title VI Coordinator Phone: 970-221-6526 3) The Colorado Civil Rights Commission/Division A Packet Pg. 205 Attachment: Exhibit A (9065 : HUD Citizen Participation Plan Amendment RESO) 15 Phone: 303-894-2997, Toll Free: (800) CO-CIVIL (282-4845). The Colorado Civil Rights Division website, www.dora.state.co.us/civil-rights, provides information about the Division, the Civil Rights Commission, and the process for filing a complaint. 4) The HUD Fair Housing Hotline (discrimination and housing-related issues) Phone: 800-669-9777 Conclusion The City of Fort Collins has a commitment to fostering public participation within the broadest spectrum of community members. This Plan is intended to reflect not only adherence to federal requirements, but also standards for meaningful communications excellence. As future strategies for community engagement emerge, develop, and are proven effective, they will be incorporated into Amendments to this Plan. A Packet Pg. 206 Attachment: Exhibit A (9065 : HUD Citizen Participation Plan Amendment RESO) 16 Attachment A Citizen Participation Table Document Public Participation: Minimum Standards Required Time for Public Review Required Approval Deadline Citizen Participation Plan and Substantial Amendments 1) 1-day prior notice of Public Review Period. 2) 15-day notice of Public Hearing. 3) Public Hearing: City Council. 30-day Public Review Period DR-funds: 5- day Public Review period City Council Approval 1) Amended as needed. 2) Most current update included with Five-Year Strategic (Consolidated) Plan Five-Year Strategic (Consolidated) Plan and/or Annual Action Plans 1) 1-day prior notice of Public Review Period. 2) 15-day prior notice of Public Hearing. 3) Consolidated Plan Public Hearing: City Council. 4) Annual Action Plan Public Hearing: Social Sustainability Department. 30-day Public Review period 1) Consolidated Plan: City Council Approval 2) Annual Action Plan: n/a* Submit to HUD August 15 (45 days prior to start of new Program/Fiscal Year) Five-Year Strategic (Consolidated) 17 Public Hearings 1) One Public Hearing is to solicit citizen viewpoints and comments on how funds for affordable housing, community development programs and projects, and other funding-eligible activities should be spent. 2) One Public Hearing is to solicit citizen viewpoints and comments, and to also report to the community on how funds were spent during the City’s previous Program Year. * Funding recommendations are subject to the 30-day Public Review period prior to final City Council approval, but the document content is not approved by Council prior to submission to HUD. As indicated, the Annual Action Plan document is also subject to a 30-day public review period, which may run concurrent with the Public Review period for funding recommendations. ** According to 2014 HUD CPD technical assistance, there is no regulatory time frame for notice postings prior to a Public Hearing. However, HUD’s suggested guideline is 15 days prior to any Hearing. A Packet Pg. 208 Attachment: Exhibit A (9065 : HUD Citizen Participation Plan Amendment RESO) 18 Attachment B Definitions Annual Action Plan (AAP). The Annual Action Plan, required annually by HUD, details the expenditure of yearly CDBG and HOME grants and ensures funds are directed towards activities addressed in the Consolidated Plan. HUD requires the City to maintain a significant correlation between the goals identified in the Consolidated Plan and use of federal funds. Currently, the CDBG Commission evaluates and recommends activities to City Council. However, the City Council has the right to approve activities outside the recommendations of the Commission. The Annual Plan is due to HUD on August 15, forty-five (45) days before the start of the City’s new federal fiscal year on October 1. Area Median Income (AMI). This household income measurement is used by some federal agencies such as HUD, in contrast to the Federal Poverty Level. This measurement is community-based, and assesses a household’s income in the context of other households in a geographic area. Consolidated Annual Performance and Evaluation Report (CAPER). This report is a self- assessment of the implementation of the Consolidated Plan and the Annual Action Plan. Activity outcomes and outputs are reported showing the effectiveness of the federal funds. This report includes details of the number and demographics of the community served. The CAPER is due to HUD by December 31st , 90 days from the end of the City’s federal fiscal year. Five-Year Strategic (Consolidated) Plan. As an Entitlement Community recipient of Community Development Block Grant (CDBG) funding and a Participating Jurisdiction in the HOME Investment Partnership Program (HOME) funding, the City is required by HUD to develop a Consolidated Plan that evaluates the needs of its low- and moderate- income residents. This includes a review of the City’s housing, homeless, and community development needs; provides a housing market analysis; and creates a strategy to address the needs identified. This plan is revised every five (5) years. The current Consolidated Plan cycle is: 2010-2014 (October 1, 2010 through September 30, 2015) and 2015-2019 (October 1, 2015 through September 30, 2020). Low-Income Neighborhood. A low-income neighborhood is a predominantly low- income neighborhood identified as such by Census Tract, because 50% or more of the residents in that tract have incomes below 60% of the Area Median Income (AMI), an income measurement used by HUD. In Fort Collins, Qualified Census Tracts are located in the Old Town area, near Colorado State University, and on the northern-most border of the City (as of 2010 Census). A Packet Pg. 209 Attachment: Exhibit A (9065 : HUD Citizen Participation Plan Amendment RESO) 19 Predominantly Low- and Moderate-Income Neighborhood. A predominantly low- and moderate-income neighborhood is identified as such by Census Tract, because 50% or more of the residents in that tract have incomes below 80% of the Area Median Income (AMI), an income measurement used by HUD. A Packet Pg. 210 Attachment: Exhibit A (9065 : HUD Citizen Participation Plan Amendment RESO) 20 Attachment C Anti-Displacement Policy As part of the Citizen Participation Plan, the City must include its plan to minimize displacement of persons and to assist any persons displaced, specifying the types and levels of assistance. The City has in effect and is following the Residential Anti- Displacement and Relocation Assistance Plan as described below which will minimize displacement of any person as a result of a federally-assisted activity. All occupied and vacant occupiable lower-income dwelling units that are either demolished or converted to a use other than providing low-income dwelling units, in connection with a federally-assisted activity, must be replaced with comparable lower- income dwelling units. Replacement of lower-income dwelling units may be provided by any government agency or private developer and must meet the following requirements: 1. The units must be located within the recipient’s jurisdiction. 2. The units must be sufficient in number and size to house no fewer than the number of occupants previously housed in the units that were demolished or converted. 3. The units must be provided in standard condition. 4. The units must initially be made available for occupancy at any time during the period—beginning one year before the action—and remain available for three years following the action. 5. The units must remain lower-income units for 10 years from the date of initial occupancy. Before work shall commence, the recipient must make public and submit in writing to the HUD field office the following information: a description of the proposed federally- assisted activity, the location on a map and the number of dwelling units by size, the time schedule for the commencement and completion of the demolition or conversion, the location and number of dwelling units by size that will be provided as replacement units, the source of funding and time schedule for the provision of replacement dwelling units, the basis for concluding that each replacement dwelling unit will remain a lower- income dwelling unit for at least 10 years from the date of initial occupancy, and information demonstrating that any proposed replacement of dwelling units with smaller dwelling units is consistent with the needs assessment contained in its HUD- approved Consolidated Plan. A Packet Pg. 211 Attachment: Exhibit A (9065 : HUD Citizen Participation Plan Amendment RESO) 21 Replacement is not required if the HUD field office determines there is an adequate supply of vacant lower-income dwelling units in standard condition available on a nondiscriminatory basis within the area. In addition, the displaced person will be advised of his or her rights under the Fair Housing Act. Each person will be provided moving expenses at the levels described in 49 CFR Part 24. Each person will also receive the cost of a security deposit and credit check required for the replacement unit and any actual out-of-pocket costs including moving expenses, if required to temporarily relocate. Displaced persons are eligible for either rental assistance equal to 60 times the amount necessary to reduce the monthly rent or a payment equal to the capitalized value of 60 times the amount that is obtained by subtracting the “Total Tenant Payment” as determined under part 813 of this title as listed above, from the monthly rent and estimated average monthly cost of utilities at a comparable replacement dwelling unit. A person who disagrees with the determination concerning whether the person qualifies as a displaced person or with the amount of relocation assistance for which the person is eligible may file a written appeal of that determination. A person who is dissatisfied with the determination on his or her appeal may submit a written request for review of that determination to the HUD field office for the applicable region. If the full relief is not granted, the person shall be advised of his or her right to seek judicial review. A Packet Pg. 212 Attachment: Exhibit A (9065 : HUD Citizen Participation Plan Amendment RESO) Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY May 5, 2020 City Council STAFF Delynn Coldiron, City Clerk Carrie Daggett, City Attorney SUBJECT Resolution 2020-044 Appointing One Board Member Selected by the City to the Boxelder Basin Regional Stormwater Authority Board of Directors and One Board Member Selected by Mutual Agreement of Fort Collins and Larimer County. EXECUTIVE SUMMARY This item is coming to Council based on Priority (6): Items that relate to funding, operations and business activities. The expiration of a Boardmember term will leave a vacancy if no action is taken. The purpose of this item is for Council to consider making appointments to the Boxelder Basin Regional Stormwater Authority Board prior to its May 2020 meeting. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Pursuant to an intergovernmental agreement establishing the Boxelder Basin Regional Stormwater Authority (“BBRSA”), the City is entitled to appoint one representative to the five-member BBRSA Board of Directors, and to jointly appoint with Larimer County a second representative. Currently, former Mayor Pro Tem Gerry Horak is serving as the City representative on the BBRSA Board appointed by the City and Martina Wilkinson is serving as the unaffiliated member of the BBRSA Board jointly appointed by the City and Larimer County. Consideration for a change in appointments is appropriate as Ms. Wilkinson’s term expired at the end of April 2020, and Mr. Horak is no longer serving on Council due to term limits. The City would like to appoint a City staff member as its representative on the Board, and in consultation with the County there is mutual interest in having Mr. Horak serve as the jointly appointed representative. This resolution appoints Ms. Theresa Connor, Deputy Director of Fort Collins Utilities as the City appointed director and Mr. Horak as the unaffiliated member jointly appointed by the City and Larimer County. At its meeting on April 28, 2020, the Larimer County Board of County Commissioners approved Mr. Horak’s appointment as the unaffiliated jointly-appointed member. 13 Packet Pg. 213 -1- RESOLUTION 2020-044 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING ONE BOARD MEMBER SELECTED BY THE CITY TO THE BOXELDER BASIN REGIONAL STORMWATER AUTHORITY BOARD OF DIRECTORS AND ONE BOARD MEMBER SELECTED BY MUTUAL AGREEMENT OF FORT COLLINS AND LARIMER COUNTY WHEREAS, the City of Fort Collins (“City”), Board of Commissioners of Larimer County, Colorado (“County”) and Town of Wellington, Colorado are parties to that certain Intergovernmental Agreement for Stormwater Cooperation and Management dated August 20, 2008, and First Amendment to Intergovernmental Agreement for Stormwater Cooperation and Management dated June 16, 2014, as amended (collectively, the “IGA”) for the purpose of creating the Boxelder Basin Regional Stormwater Authority (the “Authority”); and WHEREAS, the IGA specifies that the Authority shall be governed by a Board of Directors (the “Board”) consisting of five (5) Directors, one each appointed by the City, the Town of Wellington, and the County and two unaffiliated members, representing the public at large; and WHEREAS, the IGA provides that one of the unaffiliated members of Board will be appointed by mutual agreement of the City and the County, with the other unaffiliated member appointed by mutual agreement the Town of Wellington and the County; and WHEREAS, the Directors serve for staggered terms of three (3) years; and WHEREAS, on July 7, 2015, the Fort Collins City Council (“Council”) adopted Resolution 2015-066 (“Council's 2015 Resolution”) adopting Council retreat priorities for 2015- 2017, one of which called for appointment of members of the Board by Council rather than staff; and WHEREAS, on April 5, 2016, Council adopted Resolution 2016-034 appointing then Mayor Pro Tem Gerry Horak to the Board as the Director appointed by the City and on April 23, 2019, Council adopted Resolution 2019-054 re-appointing Mr. Horak as the Director appointed by the City until such time as the Council acts to modify his appointment; and WHEREAS, Council now wishes to modify Mr. Horak’s appointment as contemplated by Resolution 2019-054 by terminating his appointment as the Director appointed by the City and appointing Theresa Connor, Deputy Director of Fort Collins Utilities as the Director appointed by the City; and WHEREAS, the City worked with representatives of Larimer County to agree on the appointment of Mr. Horak as the unaffiliated member of the Board to be appointed by mutual agreement of the City and the County; and Packet Pg. 214 -2- WHEREAS, on April 28, 2020, the Board of County Commissioners acted to approve appointment of Mr. Horak as the unaffiliated member of the Board to be appointed by mutual agreement of the City and the County; and WHEREAS, the City Council also desires to appoint Mr. Horak as the jointly appointed unaffiliated member of the 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 any and all determinations and findings contained in the recitals set forth above. Section 2. That Mr. Horak’s appointment as the Director appointed by the City pursuant to Resolution 2019-054 is hereby terminated effective immediately. Section 3. That Theresa Connor is hereby appointed to serve as the Director appointed by the City on the Boxelder Basin Regional Stormwater Authority Board, effective immediately. Section 4. That the Council hereby agrees to the appointment of Mr. Horak to serve as the unaffiliated member of the Board by mutual agreement of the City and the County, effective immediately. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of May, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 215 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY May 5, 2020 City Council STAFF Josh Birks, Economic Health Director Rachel Rogers, Senior Specialist Economic Sustainability John Duval, Legal SUBJECT Resolution 2020-045 Authorizing the City Manager to Sign Intergovernmental Agreements with Metropolitan Districts to Provide the City with Contractual Remedies to Enforce a District's Approved Service Plan. EXECUTIVE SUMMARY This resolution is presented to Council at this time because it facilitates the completion of one step in the City’s process related to already approved service plans to secure one of the City’s enforcement remedies now required in the City’s metropolitan district policy and in these approved service plans. The purpose of this item is to authorize the City Manager to sign intergovernmental agreements with metropolitan districts to provide the City with contractual remedies to enforce a district’s approved service plan. In February 2019, City Council revised the City’s policy for reviewing the service plans of proposed metropolitan districts to include a provision in the approved service plans that requires the metropolitan districts to enter into an intergovernmental agreement with the City granting the City contractual remedies to enforce the requirements and limitations of the service plan. These contractual remedies are in addition to the statutory remedies the City is already utilizing to enforce service plans. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION On February 5, 2019, Council adopted Resolution 2019-016 approving the City’s revised policy for reviewing the service plans of metropolitan districts proposed by applicants to be organized under Colorado’s Special District Act (Act) within the City’s boundaries (Metro District Policy). One revision to the Metro District Policy was to add a new section to the City’s “Model Service Plan” attached to the Policy. After they are organized, the new section will require the districts to enter into an intergovernmental agreement with the City for the sole purpose of granting the City contractual remedies to enforce requirements and limitations in the approved service plan. These remedies are in addition to the statutory remedies the City already has under the Act to enforce the requirements and limitations (“Service Plan Enforcement IGA”). This authorization applies to the five Metro District Service Plans the Council has already approved. Each Plan requires the organized metropolitan districts to enter into a Service Plan Enforcement IGA with the City. These districts are the Northfield Metropolitan District Nos. 1-3, Mulberry Metropolitan Districts Nos. 1-6, Gateway at Prospect Metropolitan District Nos. 1-7, Rudolph Farms Metropolitan District Nos. 1-6 and the Southwest Prospect I-25 Metropolitan District Nos. 1-7 (collectively known as the ”Districts”). Four of these Districts have signed their Service Plan Enforcement IGAs and presented them to the City for the City’s signatures. The form of the Service Plan Enforcement IGA, which is the same for all the Districts regarding the operative provisions, is attached as Exhibit “A” to the Resolution. 14 Packet Pg. 216 Agenda Item 14 Item # 14 Page 2 If adopted, the Resolution authorizes the City Manager to sign these IGAs for all currently approved service plans. PUBLIC OUTREACH There has been no public outreach for this item, however the approvals of metropolitan district service plans calling for these agreements were considered by Council at noticed public hearings. 14 Packet Pg. 217 -1- RESOLUTION 2020-045 OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO SIGN INTERGOVERNMENTAL AGREEMENTS WITH METROPOLITAN DISTRICTS TO PROVIDE THE CITY WITH CONTRACTUAL REMEDIES TO ENFORCE THOSE DISTRICTS’ APPROVED SERVICE PLANS, CONSISTENT WITH THE PREVIOUSLY APPROVED SERVICE PLANS WHEREAS, metropolitan districts are quasi-municipal governmental entities authorized to be organized within municipalities under Colorado’s Special District Act in Title 32, Article 1 of the Colorado Revised Statutes (the “Act”) provided the service plan of those metropolitan districts are first approved by the governing body of the municipality within which the districts are to be organized; and WHEREAS, on February 5, 2019, the City Council adopted Resolution 2019-016 approving the City’s revised policy for reviewing the service plans of metropolitan districts proposed by applicants to be organized under the Act within the City’s boundaries (the “Metro District Policy”); and WHEREAS, one revision in the Metro District Policy was to add to the City’s “Model Service Plan,” which is attached to the Policy, a new section requiring metropolitan districts, after they are organized, to enter into an intergovernmental agreement with the City for the sole purpose of granting to the City contractual remedies to enforce the requirements and limitations in the approved service plan, which remedies are in addition to the statutory remedies the City already has under the Act to enforce these requirements and limitations (“Service Plan Enforcement IGA”); and WHEREAS, the City Council has approved five service plans that require the organized metropolitan districts to enter into a Service Plan Enforcement IGA with the City and these districts are the Northfield Metropolitan District Nos. 1-3, Mulberry Metropolitan Districts Nos. 1- 6, Gateway at Prospect Metropolitan District Nos. 1-7, Rudolph Farms Metropolitan District Nos. 1-6 and the SW Prospect I-25 Metropolitan District Nos. 1-7 (collectively, the ”Districts”); and WHEREAS, the form of the Service Plan Enforcement IGA that the Districts have agreed to enter with the City is attached as Exhibit “A” and incorporated herein by reference; and WHEREAS, four of the Districts have signed their Service Plan Enforcement IGA, substantially in the form of Exhibit “A,” and presented it to the City for its signing; and WHEREAS, the City Council wishes to authorize the City Manager to sign on the City’s behalf these Service Plan Enforcement IGAs required by past metropolitan district service plans approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, 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. 218 -2- Section 2. That the City Council hereby authorizes the City Manager sign on the City’s behalf the Service Plan Enforcement IGAs to be entered into with the Districts in substantially the form attached as Exhibit “A,” subject to minor modifications as the City Manager, in consultation with the City Attorney, may determine to be necessary and appropriate to protect the interests of the City or to effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of May, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 219 INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT (this “Agreement”) is made and entered into by and between the City of Fort Collins, Colorado, a Colorado home rule municipality (the “City”), and ________________________ quasi-municipal corporations and political subdivisions of the State of Colorado (collectively, the “Districts”). The City and the Districts shall be collectively referred to as the “Parties.” RECITALS WHEREAS, the Districts were organized to provide those services and to exercise powers as are more specifically set forth in the Districts’ Service Plan dated __________, which may be amended from time to time as set forth therein (the “Service Plan”); and WHEREAS, the Service Plan requires the execution of an intergovernmental agreement between the City and the Districts to provide the City with contract remedies to enforce the requirements and limitations imposed on the Districts in the Service Plan; and WHEREAS, the City and the Districts have determined it to be in their best interests to enter into this Agreement as provided in the Service Plan. NOW, THEREFORE, for and in consideration of the covenants and mutual agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: COVENANTS AND AGREEMENTS 1. Incorporation by Reference. The Service Plan is hereby incorporated in this Agreement by this reference. The Districts agree to comply with all provisions of the Service Plan, as it may be amended from time to time in accordance with the provisions thereof, and the provisions of Article 1 of Title 31 of the Colorado Revised Statutes (the "Special District Act"). Capitalized terms used herein not otherwise defined in this Agreement shall have the meanings, respectfully, specified in the Service Plan. 2. City Prior Approvals. The Districts shall obtain any prior City, City Manager or City Council approvals as required in the Service Plan before undertaking any action requiring such approval. 3. Enforcement. The Parties agree that this Agreement may be enforced at law or in equity, including actions seeking specific performance, mandamus, prohibitory or mandatory injunctive relief, or other appropriate relief. The Parties also agree that this Agreement may be enforced pursuant to C. R. S. Section 32-1-207 and other provisions of the Special District Act granting rights to municipalities or counties approving a service plan of a special district. 4. Amendment. This Agreement may be amended, modified, changed, or terminated in whole or in part only by a written agreement duly authorized and executed by the Parties hereto. A Packet Pg. 220 Attachment: Exhibit A (9081 : City Manager to Sign Metro District IGAs RESO) EXHIBIT A 5. Governing Law; Venue. This Agreement shall be governed by and construed under the applicable laws of the State of Colo rado. Venue for any judicial action to interpret or enforce this Agreement shall be in Larimer County District Court of the Eigh th Judicial District for the State of Colorado. 6. Beneficiaries. Except as otherwise stated herein , this Agreement is intended to only describe the rights and responsibilities of and between the named Parties and is not intended to and shall not be deemed to confer any rights upon any other persons or entities not named as parties in this Agreement. 7. Effect of Invalidity. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to any or all the Parties , such portion shall be deemed severable and its invalidity or its unenforceability shall not cause the entire Agreement to be terminated. 8. Assignability. Neither the City nor the Districts shall assign their rights or delegate their duties hereunder without the prior written consent of the other Parties. Any assignment of rights or delegation of duties without such prior written consent shall be deemed null and void and of no effect. Notwithstanding the foregoing , the City and the Districts may enter into contracts or other agreements with third parties to perform any of their respective duties required under this Agreement. 9. Successors and Assigns. This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. __________ METROPOLITAN DISTRICT NO. ____ By: ________________________________________ President ATTEST: ____________________ CITY OF FORT COLLINS, COLORADO By: __________________________________________ Darin A. Atteberry, City Manager ATTEST: ___________________________ City Clerk A Packet Pg. 221 Attachment: Exhibit A (9081 : City Manager to Sign Metro District IGAs RESO) EXHIBIT A Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY May 5, 2020 City Council STAFF Rebecca Everette, Development Review Manager Caryn Champine, Director of PDT Brad Yatabe, Legal SUBJECT Consideration of a Motion for Council to Authorize Remote Hearings for the Second Readings of Four Ordinances to Zone Four Previously Approved Annexations. EXECUTIVE SUMMARY The purpose of this item is to consider adopting a motion to authorize an exception to Ordinance No. 061, 2020 adopted by Council on April 21, 2020, for the following zoning decisions related to the referenced annexations: • Ordinance No. 027, 2020, Assigning zoning for the Soldier Canyon Pump Station Annexation (Second Reading) • Ordinance No. 029, 2020, Assigning zoning for the Timberline-International Annexation No. 1 (Second Reading) • Ordinance No. 031, 2020, Assigning zoning for the Timberline-International Annexation No. 2 (Second Reading) • Ordinance No. 033, 2020, Assigning zoning for the Timberline-International Annexation No. 3 (Second Reading) Ordinance No. 061, 2020 authorizes certain types of remote meetings for quasi-judicial items but specifically excludes decisions related to zoning. However, it also allows the Council by motion approved by at least five Councilmembers to authorize exceptions to that exclusion. Staff considers these four “in progress” zoning items as pressing and non-controversial, which may warrant an exception to the ordinance. Colorado Revised Statutes Section 31-12-115 requires the zoning of an annexation to be completed within 90 days of the effective date of the annexation ordinance. STAFF RECOMMENDATION Staff recommends approval of the request to authorize remote hearings for the zoning of four properties recently annexed into the City of Fort Collins. BACKGROUND / DISCUSSION Four properties were recently annexed into the City of Fort Collins in February: • Soldier Canyon Pump Station Annexation (Ordinance No. 027, 2020) • Timberline-International Annexation No. 1 (Ordinance No. 029, 2020) • Timberline-International Annexation No. 2 (Ordinance No. 031, 2020) • Timberline-International Annexation No. 3 (Ordinance No. 033, 2020) 15 Packet Pg. 222 Agenda Item 15 Item # 15 Page 2 The annexations and initial zoning for all four properties were approved on first reading on February 4, 2020, on the consent agenda. The annexations, but not the zoning, were finalized on second reading on February 18, 2020. These items were recommended for approval by the Planning and Zoning Board on December 19, 2019 and remained on the consent agenda at that hearing. There is no known controversy associated with any of these items, and staff has recommended approval of the annexation and zoning for these properties. Per Colorado Revised Statutes Section 31-12-115, a municipality shall assign zoning to a property within 90 days of the effective date of an annexation ordinance. The effective date of these four annexations was February 28, 2020. As such, the 90-day timeframe mandated by state statute expires on May 28, 2020. In order to comply with statutory requirements, Council must hear these items no later than the May 19 City Council meeting. It is possible that Council will be able to convene in-person for the May 19 hearing. However, if the meeting is held remotely or if some Councilmembers are participating remotely, then Ordinance No. 061 would not allow these items to be heard unless Council grants an exception. Section 8 of Ordinance No. 061 allows Council to consider exceptions on a case-by-case basis, as follows: “Section 8. The Council may, by the affirmative vote of five members on a motion, authorize additional types of meetings, hearings or proceedings, or individual matters otherwise not allowed hereunder, to proceed using Remote Technology, provided the Council determines that the authorized action is pressing and requires prompt action and that the Remote Technology available for the proceeding will provide sufficient public participation and input called for by the type of meeting, hearing or proceeding or the individual matter, as applicable, in light of the specific circumstances.” Staff finds that the second readings of these zoning ordinances are pressing and require prompt action due to the required timeframes related to annexations. Staff further finds that remote technology would provide a sufficient opportunity for public participation for these particular zoning items. There have been multiple opportunities for in-person participation related to these items, including neighborhood meetings, a Planning and Zoning Board hearing, and Council hearing and first reading. All items have remained on consent with no public comment provided at any of the prior hearings, which indicates a general lack of controversy for these annexations. PROPOSED MOTION If Council wishes to authorize the remote hearing of the four zonings on second reading, the following motion is provided: “I move that City Council authorize remote participation in quasi-judicial hearings for the second readings of Ordinance No, 027, 2020 zoning for the Soldier Canyon Pump Station Annexation, and Ordinance No. 029, 2020, Ordinance No. 031, 2020 and Ordinance No. 033, 2020 zoning the Timberline-International Annexations 1 through 3, based on a finding that the remote hearing of these zonings is pressing and requires prompt action due to applicable state law regarding the time limit for the zoning of annexations and that the remote technology available for such hearings will provide sufficient public participation and input at such hearings.” 15 Packet Pg. 223 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY May 5, 2020 City Council STAFF Rebecca Everette, Development Review Manager SUBJECT Exception for Remote Hearing of Hughes Rezoning EXECUTIVE SUMMARY This item is presented to Council because it meets the following priorities: (3) Second Reading Ordinances and (4) Items that are substantially complete, have completed significant public process, and are ready for Council consideration. These items are being brought forward to help ensure that work does not have to be redone and can continue to move forward. The purpose of this item is to consider an exception to Ordinance No. 061, 2020, adopted by Council on April 21, 2020, to allow the Second Reading of Ordinance No. 138, 2019, regarding rezoning the property included in the Hughes Stadium Annexation to proceed. Council adopted on First Reading the Hughes Stadium property rezoning ordinance on a 4-3 vote on November 5, 2019 (Nays: Cunniff, Gutowsky, Pignataro). Ordinance No. 061, 2020, authorizes certain types of remote meetings for quasi-judicial items but specifically excludes decisions related to zoning. However, it also allows the Council by motion approved by at least five Councilmembers to authorize exceptions to that exclusion. In order for Council to authorize the remote hearing of this rezoning, Council must find that hearing the rezoning is pressing and requires prompt action and that the technology will provide for sufficient public participation and input. BACKGROUND / DISCUSSION The Hughes Stadium Site Rezoning would consist of a rezoning of 164 acres that was the site of the former Hughes Stadium (west of Overland Trail and north of County Road 32). Council initiated the rezoning on July 16, 2019 and directed staff to prepare a rezoning application and make a recommendation regarding the appropriate zoning. The site is currently zoned Transition (T), which does not allow for the submittal of any development application without a rezoning. Rezoning Timeline The zoning ordinance for the Hughes Stadium Site Rezoning was adopted on First Reading by Council on November 5, 2019 (4-3 vote). Second Reading was initially scheduled for November 19, 2019. Due to delays to complete review of multiple ethics complaints and comply with physical distancing requirements due to the COVID-19 local emergency, Second Reading has been postponed several times and is currently scheduled for Council consideration on May 19, 2020. Date Council Action July 16 Council directs staff to initiate rezoning process September 19 Planning and Zoning Board Hearing (recommendation to Council) November 14 Ethics complaints filed November 19 Second Reading scheduled for Council consideration; postponed to January 21 to address ethics complaints Agenda Item 16 Item # 16 Page 2 December 16 Ethics Review Board meeting January 21 New ethics complaints filed January 21 Second Reading postponed to March 17 to address ethics complaints March 6 Ethics Review Board meeting March 17 Meeting canceled due to lack of quorum; postponed to March 31 March 31 Second Reading postponed to April 21 due to remote meeting limitations April 21 Second Reading postponed to May 19 due to remote meeting limitations Exception for Remote Hearing It is possible that Council will be able to convene in-person for the May 19 hearing. However, if come or all Councilmembers participate in the meeting remotely, then Ordinance No. 061, 2020 would not allow this item to be heard unless Council grants an exception. Section 8 of Ordinance No. 061, 2020 allows Council to consider exceptions on a case-by-case basis, as follows: “Section 8. The Council may, by the affirmative vote of five members on a motion, authorize additional types of meetings, hearings or proceedings, or individual matters otherwise not allowed hereunder, to proceed using Remote Technology, provided the Council determines that the authorized action is pressing and requires prompt action and that the Remote Technology available for the proceeding will provide sufficient public participation and input called for by the type of meeting, hearing or proceeding or the individual matter, as applicable, in light of the specific circumstances.” In considering whether hearing the rezoning is pressing and requires prompt action, Council may wish to consider the following issues: • The rezoning is on Second Reading and has been delayed multiple times. • Staff has conducted extensive public outreach regarding the rezoning and the City has received input from the property owner and the public. • The interest in completing the rezoning to provide a predictable path for possible development of the property. • The high level of community interest in the property. Staff believes that remote technology would provide a sufficient opportunity for public participation for this item. There is a high level of community interest in this project, and the technology platform currently used by Council (Zoom) accommodates multiple options for participation, including both online and phone participation. In addition, written comments will continue to be accepted by the City Clerk’s Office in advance of the hearing. PROPOSED MOTION If Council wishes to authorize the remote hearing of the Hughes Stadium Site Rezoning on second reading, the following motion is provided: “I move that City Council authorize remote participation in quasi-judicial hearings for the Second Reading of Ordinance No. 138, 2019, regarding the rezoning of the property contained in the Hughes Stadium Annexation, finding that the remote hearing of this rezoning is pressing and requires prompt action due to the multiple delays in hearing Second Reading, the need to provide a predictable path for future development of the property, and the high level of community interest in the property and that the remote technology available for such hearings will provide sufficient public participation and input at such hearings.” City of Fort Collins Page 1 Wade Troxell, President City Council Chambers Kristin Stephens, District 4, Vice President City Hall West Susan Gutowsky, District 1 300 LaPorte Avenue Julie Pignataro, District 2 Fort Collins, Colorado Ken Summers, District 3 Ross Cunniff, District 5 Cablecast on FCTV, Channel 14 Emily Gorgol, District 6 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney 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 May 5, 2020 (after the Regular Council Meeting) CALL MEETING TO ORDER 1. Consideration and Approval of the Minutes from the April 21, 2020 Electric Utility Enterprise Board Meeting. The purpose of this item is to approve the minutes from the April 21, 2020 Electric Utility Enterprise Board meeting. 2. Second Reading of Ordinance No. 011, Authorizing an Intergovernmental Agreement with the Colorado Department of Transportation for the Lease of Fiber Optic Data Transport Capacity. (staff: Erin Shandley; no presentation; 10 minute discussion) This item is coming to the Electric Utility Enterprise Board due to its time-sensitive nature related to network operation and continued business activities. Many aspects of Connexion’s network design and buildout, already in progress, are dependent upon this nearly completed item. This Ordinance, unanimously adopted on First Reading on April 21, 2020, approves a multi-year Intergovernmental Agreement (IGA) between the City’s Electric Utility Enterprise and the Colorado Department of Transportation (CDOT) for the purpose of leasing two dark fiber strands from Fort Collins to Denver. CDOT was chosen to provide this service as it met all requirements at the lowest price available. In addition, this IGA helps to meet requirements detailed in IGAs referenced in Resolutions 2019-072 and 2019-073 (shared regional Broadband Transport and Access services with the City of Loveland and Town of Estes Park) by providing such access between Fort Collins and Denver. OTHER BUSINESS ADJOURNMENT ELECTRIC UTILITY ENTERPRISE BOARD Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY May 5, 2020 Electric Utility Enterprise Board STAFF Delynn Coldiron, City Clerk SUBJECT Consideration and Approval of the Minutes from the April 21, 2020 Electric Utility Enterprise Board Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the April 21, 2020 Electric Utility Enterprise Board meeting. ATTACHMENTS 1. April 21, 2020 (PDF) 1 Packet Pg. 2 City of Fort Collins Page 31 ELECTRIC UTILITY ENTERPRISE BOARD April 21, 2020 9:06 PM Due to the COVID-19 crisis and state and local orders to say at home and not gather, all Boardmembers and staff attended the meeting remotely, via teleconference. • Call to Order PRESENT: Troxell, Cunniff, Stephens, Summers, Gutowsky, Pignataro, Gorgol Staff Present: Atteberry, Daggett, Coldiron 1. Consideration and Approval of the Minutes From the April 7, 2020 Electric Utility Enterprise Board Meeting. (Adopted) The purpose of this item is to approve the minutes from the April 7, 2020 Electric Utility Enterprise Board meeting. Vice President Stephens made a motion, seconded by Boardmember Gorgol to approve the minutes of the April 7, 2020 meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Emily Gorgol, District 6 AYES: Troxell, Cunniff, Stephens, Summers, Gutowsky, Pignataro, Gorgol 3. First Reading of Ordinance No. 011, Authorizing an Intergovernmental Agreement with the Colorado Department of Transportation for the Lease of Fiber Optic Data Transport Capacity. (Adopted on First Reading) This item is coming to Council due to its time-sensitive nature related to network operation and continued business activities. Many aspects of Connexion’s network design and buildout, already in progress, are dependent upon this nearly completed item. The purpose of this item is to approve a multi-year Intergovernmental Agreement (IGA) between the City’s Electric Utility Enterprise and the Colorado Department of Transportation (CDOT) for the purpose of leasing two dark fiber strands from Fort Collins to Denver. CDOT was chosen to provide this service as it met all requirements at the lowest price available. In addition, this IGA helps to meet requirements detailed in IGAs referenced in Resolutions 2019-072 and 2019-073 (shared regional Broadband Transport and Access services with the City of Loveland and Town of Estes Park) by providing such access between Fort Collins and Denver. Colman Keane, Connexion Executive Director, stated this item involves an intergovernmental agreement with the Colorado Department of Transportation (CDOT) for connectivity for fiber to Denver. This will aid in providing vendor and geographic diversity to ensure a resilient broadband system for customers. Keane noted the CDOT proposal is about half the cost of other providers. Vice President Stephens made a motion, seconded by Boardmember Gutowsky, to adopt Ordinance No. 011 on First Reading. Boardmember Cunniff commended staff for finding this option. Vice President Stephens agreed and stated CDOT has been a good partner in other venues. Boardmember Summers agreed and commended the partnership. 1.1 Packet Pg. 3 Attachment: April 21, 2020 (9084 : EUE minutes-4/21) April 21, 2020 City of Fort Collins Page 32 RESULT: ORDINANCE NO. 011, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Susan Gutowsky, District 1 AYES: Troxell, Cunniff, Stephens, Summers, Gutowsky, Pignataro, Gorgol • ADJOURNMENT The meeting adjourned at 9:14 PM. ______________________________ President ATTEST: _________________________________ Secretary 1.1 Packet Pg. 4 Attachment: April 21, 2020 (9084 : EUE minutes-4/21) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY May 5, 2020 Electric Utility Enterprise Board STAFF Erin Shanley, Broadband Marketing Manager Colman Keane, Broadband Director Cyril Vidergar, Legal Gerry Paul, Director of Purchasing & Risk Management SUBJECT Second Reading of Ordinance No. 011, Authorizing an Intergovernmental Agreement with the Colorado Department of Transportation for the Lease of Fiber Optic Data Transport Capacity. EXECUTIVE SUMMARY This item is coming to the Electric Utility Enterprise Board due to its time-sensitive nature related to network operation and continued business activities. Many aspects of Connexion’s network design and buildout, already in progress, are dependent upon this nearly completed item. This Ordinance, unanimously adopted on First Reading on April 21, 2020, approves a multi-year Intergovernmental Agreement (IGA) between the City’s Electric Utility Enterprise and the Colorado Department of Transportation (CDOT) for the purpose of leasing two dark fiber strands from Fort Collins to Denver. CDOT was chosen to provide this service as it met all requirements at the lowest price available. In addition, this IGA helps to meet requirements detailed in IGAs referenced in Resolutions 2019-072 and 2019-073 (shared regional Broadband Transport and Access services with the City of Loveland and Town of Estes Park) by providing such access between Fort Collins and Denver. STAFF RECOMMENDATION Staff recommends the adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, April 21, 2020 (w/o attachments) (PDF) 2. Ordinance No. 011 (PDF) 2 Packet Pg. 5 Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY April 21, 2020 Electric Utility Enterprise Board STAFF Erin Shanley, Broadband Marketing Manager Colman Keane, Broadband Director Cyril Vidergar, Legal Gerry Paul, Director of Purchasing & Risk Management SUBJECT First Reading of Ordinance No. 011, Authorizing an Intergovernmental Agreement with the Colorado Department of Transportation for the Lease of Fiber Optic Data Transport Capacity. EXECUTIVE SUMMARY This item is coming to Council due to its time-sensitive nature related to network operation and continued business activities. Many aspects of Connexion’s network design and buildout, already in progress, are dependent upon this nearly completed item. The purpose of this item is to approve a multi-year Intergovernmental Agreement (IGA) between the City’s Electric Utility Enterprise and the Colorado Department of Transportation (CDOT) for the purpose of leasing two dark fiber strands from Fort Collins to Denver. CDOT was chosen to provide this service as it met all requirements at the lowest price available. In addition, this IGA helps to meet requirements detailed in IGAs referenced in Resolutions 2019-072 and 2019-073 (shared regional Broadband Transport and Access services with the City of Loveland and Town of Estes Park) by providing such access between Fort Collins and Denver. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION As part of Fort Collins Connexion’s delivery of Internet, voice, and video services, fiber optic connectivity to regional and national telecommunication facilities outside the City is required. Fort Collins Connexion’s system design calls for redundant paths utilizing “dark fiber” to connect to data centers which provide connectivity with multiple telecommunication providers (these data centers are also known as “meet-me rooms”). The nearest data center meeting Fort Collins Connexion technical requirements is located at 910 15th Street in Denver, Colorado and has direct connectivity to multiple providers with which the City already has contracts for Internet, voice, and video services. To utilize connections to these and other providers from this location, a fiber back- haul circuit is needed to connect back to Fort Collins Connexion local network equipment in Fort Collins. On January 11, 2019, Fort Collins Connexion received proposals in response to Request for Proposal #8848 Upstream Connectivity Services. In addition to the single response received by the City, Connexion contacted CDOT and received information from CDOT regarding availability of “dark” (i.e., unused) fiber from Fort Collins to Denver. CDOT provided the most competitive rate to lease two strands of fiber to the City for up to twenty years. The table below shows the comparison of quoted pricing from Zayo and CDOT. ATTACHMENT 1 2.1 Packet Pg. 6 Attachment: First Reading Agenda Item Summary, April 21, 2020 (w/o attachments) (9074 : SR 011 EUE CDOT Dark Fiber) Agenda Item 2 Item # 2 Page 2 Price Comparison Zayo CDOT Monthly Price $2,970.00 $1,212.22* Term of Contract 5 year 20 year * CDOT’s pricing begins at $902.27/month in year one and escalates 3% each year to $1582.14/month in year 20, for an average of $1212.22/month over the life of the agreement. CDOT maintains a state-wide fiber-optic network and leases unused fiber strands to other government and municipal entities. CDOT meets Fort Collins Connexion’s technical requirements for two strands of dark fiber following a path from Fort Collins to 910 15th St in Denver. CDOT contracts with Zayo to provide day-to-day maintenance and support of this fiber, as well as emergency response. The transport and capacity obtained on CDOT fibers under this lease will be part of the services and facilities shared with the City of Loveland (Loveland Pulse) and Town of Estes Park (Trailblazer Broadband) as part of the existing IGAs approved by Council in Resolutions 2019-072 and 2019-073 (shared regional Broadband Transport and Access services with the City of Loveland and Town of Estes Park). The request from Fort Collins Connexion is for the Electric Utility Enterprise Board to approve (by Ordinance because of the lengthy term) the proposed IGA with CDOT for lease of one pair (2 fiber strands) of dark fiber for up to twenty years, as a necessary physical connection for the operation of telecommunication facilities and services delivered by the Enterprise. CITY FINANCIAL IMPACTS This IGA represents no impact to the General Fund. The fiber lease costs will be paid from Fort Collins Connexion’s 2020 budget and funded by appropriated bond proceeds in the short term and by Connexion user revenues thereafter. ATTACHMENTS 1. Connexion_AIS_CDOT_Pricing (PDF) 2. CDOT Dark Fiber Presentation (PDF) 2.1 Packet Pg. 7 Attachment: First Reading Agenda Item Summary, April 21, 2020 (w/o attachments) (9074 : SR 011 EUE CDOT Dark Fiber) -1- ORDINANCE NO. 011 OF THE CITY OF FORT COLLINS ELECTRIC UTILITY ENTERPRISE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE LEASE OF FIBER OPTIC DATA TRANSPORT CAPACITY WHEREAS, the City of Fort Collins, Colorado is a duly organized and existing home rule municipality of the State of Colorado, created and operating pursuant to Art. XX of the Constitution of the State of Colorado and the home rule charter of the City (the “Charter”); and WHEREAS, pursuant to Section 19.3(b) of the Charter Art. V (“Section 19.3(b)”), the City Council has established the City’s Electric Utility as an enterprise of the City (the “Enterprise”) in ordinances codified in §26-392 of the Fort Collins City Code (the “Code”); and WHEREAS, pursuant to Section 19.3(b) and Code §26-392, the Council has authorized the Enterprise, by and through the Council sitting as the board of the Enterprise (the “Board”), to enter into financial obligations, payable solely from operations of the Electric Utility; and WHEREAS, voters of Fort Collins approved all legally required ballot measures to authorize the City to acquire and operate municipal telecommunications utility facilities and services (a “broadband system”), and the Enterprise has undertaken the establishment and operation of a broadband system through the Electric Utility (“Fort Collins Connexion”); and WHEREAS, to provide a reliable and cost-effective broadband system, the City desires to collaborate with other governmental entities to leverage resources, including connections with regional and national telecommunication networks, for the benefit of the City's residents and Fort Collins Connexion ratepayers; and WHEREAS, the Colorado Department of Transportation (CDOT) built and maintains a fiber optic network to manage State highways which contains unused “dark” fiber and facilities located along Interstate Highway 25 (I-25), adjacent to the City’s boundaries; and WHEREAS, Fort Collins Connexion staff has negotiated access and data transport rights through third party telecommunications facilities, and needs cost-effective means to access those facilities and services in Denver; and WHEREAS, the parties recently negotiated a proposed intergovernmental dark fiber lease agreement to share capital improvements by CDOT and provide Fort Collins Connexion transport service on CDOT facilities along I-25, a copy of which is attached hereto an Exhibit A (the “IGA”) for up to twenty years; and WHEREAS, under the IGA, CDOT will dedicate two fiber optic strands for Fort Collins Connexion and other governmental service purposes, including connecting the City’s broadband system with a regional telecommunication facility in Denver, Colorado; and 2.2 Packet Pg. 8 Attachment: Ordinance No. 011 (9074 : SR 011 EUE CDOT Dark Fiber) -2- WHEREAS, as Colorado governmental entities, the City, acting through the Enterprise, and the State of Colorado are authorized, pursuant to Colorado Revised Statutes Section 29-1-203, to cooperate or contract with one another to acquire or provide any government function, service, or facility lawfully authorized to each; and WHEREAS, the long-term license contract authorized under this Ordinance will permit Fort Collins Connexion to connect its subscribers to regional and national telecommunication networks, maintain a reliable broadband system, and will be payable solely from revenues of Fort Collins Connexion; and WHEREAS, the Enterprise Board’s adoption of this Ordinance is in the exercise of its authority as described above to approve and enter into contracts like the Authorized Obligations to enable Fort Collins Connexion to offer video services to its customers. WHEREAS, the City Council, acting ex officio as the Board pursuant to Section 19.3(b), has determined the IGA between the Enterprise and CDOT is in the best interests of the City, its citizens, and ratepayers to accomplish the purposes set forth therein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF THE ELECTRIC UTILITY ENTERPRISE OF THE CITY OF FORT COLLINS as follows: Section 1. That the Enterprise Board hereby makes and adopts the determinations and findings contained in the recitals set forth above. In addition, the Mayor, as the Enterprise’s president, and the City Clerk, as the Enterprise’s secretary, are both authorized to sign this Ordinance in their respective capacities. Section 2. That the Enterprise Board hereby finds it is in the best interests of the Enterprise, the Electric Utility and the City to enter into the IGA with the Colorado Department of Transportation. Section 3. That the Enterprise Board hereby approves the IGA, and the Mayor is authorized, in consultation with the City Manager and City Attorney and consistent with this Ordinance, to finalize and execute the IGA, as the Enterprise’s president, in substantially the form attached hereto as Exhibit “A”. Section 4. That in addition, the City Manager is authorized, during the term of the IGA and, in consultation with the City Attorney, to approve and execute such amendments to the IGA as the City Manager determines to be reasonably necessary and appropriate to: (a) protect the City’s interests or to effectuate the purposes of this Ordinance and (b) provide a benefit to the City; provided that any additional financial obligation is conditioned upon funds having been already appropriated and approved by the City Council or conditioned upon such appropriation. Section 5. That the IGA shall not constitute a debt or obligation of the City and shall be payable solely from the revenues of Fort Collins Connexion. 2.2 Packet Pg. 9 Attachment: Ordinance No. 011 (9074 : SR 011 EUE CDOT Dark Fiber) -3- Introduced, considered favorably on first reading, and ordered published this 21st day of April, A.D. 2020, and to be presented for final passage on the 5th day of May, A.D. 2020. __________________________________ President ATTEST: _______________________________ Secretary Passed and adopted on final reading on the 5th day of May, A.D. 2020. __________________________________ President ATTEST: _______________________________ Secretary 2.2 Packet Pg. 10 Attachment: Ordinance No. 011 (9074 : SR 011 EUE CDOT Dark Fiber) SAP OLA #:351001572 Routing #: 20-HAA-XE-03001 Page 1 of 15 Version 0219 Exhibit A STATE OF COLORADO INTERGOVERNMENTAL AGREEMENT (NON-EXPENDITURE) COVER PAGE State Agency Colorado Department of Transportation (CDOT) Contract Number 20-HAA-XE-03001 Contractor City of Fort Collins Electric Utility Enterprise, dba Fort Collins Connexion (Connexion or Contractor) Contract Performance Beginning Date Effective Date Initial Contract Expiration Date Twenty years from the Effective Date. Contract Authority §24-110-101 et seq., C.R.S. Contract Purpose CDOT to lease Connexion two existing dark single-mode fiber optics telecommunication strands located within the public rights of way along Interstate 25 from Milepost 268.2 to Milepost 209.2 and fiber strands extending further into Denver, terminating at the super vault outside of 910 15th Street, Denver, CO. Exhibits and Order of Precedence The following Exhibits and attachments are included with this Contract: 1. Exhibit A – Statement of Work 2. Exhibit B – Sample Option Letter In the event of a conflict or inconsistency between this Contract and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1. Colorado Special Provisions in §18 of the main body of this Contract. 2. The provisions of the other sections of the main body of this Contract. 3. Exhibit A, Statement of Work. 4. Exhibit B, Sample Option Letter. Principal Representatives For the State: For Contractor: Bob Fifer Colorado Department of Transportation Division of Maintenance & Operations John Robbins City of Fort Collins Electric Utility Enterprise dba Fort Collins Connection 425 C Corporate Circle 215 N. Mason Street Golden, CO 80401 Fort Collins, CO 80524 bob.fifer@state.co.us jrobbins@fcgov.com 2.2 Packet Pg. 11 Attachment: Ordinance No. 011 (9074 : SR 011 EUE CDOT Dark Fiber) SAP OLA #:351001572 Routing #: 20-HAA-XE-03001 Page 2 of 15 Version 0219 Exhibit A SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT Each person signing this Contract represents and warrants that the signer is duly authorized to execute this Contract and to bind the Party authorizing such signature. CONTRACTOR City of Fort Collins Electric Utility Enterprise, dba Fort Collins Connexion ______________________________________________ By: _________________, Enterprise Board President Date: _________________________ STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director ______________________________________________ By: Stephen Harelson, P.E., Chief Engineer Effective Date: _________________________ 2.2 Packet Pg. 12 Attachment: Ordinance No. 011 (9074 : SR 011 EUE CDOT Dark Fiber) SAP OLA #:351001572 Routing #: 20-HAA-XE-03001 Page 3 of 15 Version 0219 Exhibit A TABLE OF CONTENTS COVER PAGE .......................................................................................................................... 1 SIGNATURE PAGE ................................................................................................................. 2 1. PARTIES ................................................................................................................................... 3 2. TERM AND EFFECTIVE DATE ............................................................................................. 3 3. DEFINITIONS .......................................................................................................................... 4 4. STATEMENT OF WORK ........................................................................................................ 6 5. PAYMENTS TO CONTRACTOR ........................................................................................... 6 6. REPORTING - NOTIFICATION ............................................................................................. 6 7. CONTRACTOR RECORDS ..................................................................................................... 6 8. [RESERVED] ............................................................................................................................ 7 9. CONFLICTS OF INTEREST.................................................................................................... 7 10. INSURANCE ............................................................................................................................ 7 11. BREACH OF CONTRACT ...................................................................................................... 8 12. REMEDIES ............................................................................................................................... 9 13. DISPUTE RESOLUTION ....................................................................................................... 10 14. NOTICES AND REPRESENTATIVES ................................................................................. 10 15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ........................................ 11 16. [RESERVED]..........................................................................................................................12 17. GENERAL PROVISIONS ...................................................................................................... 11 18. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ....................... 14 1. PARTIES This Contract is entered into by and between Contractor named on the Cover Page for this Contract (the “Contractor”), and the STATE OF COLORADO acting by and through the State Agency named on the Cover Page for this Contract (the “State”). Contractor and the State agree to the terms and conditions in this Contract. 2. TERM AND EFFECTIVE DATE A. Effective Date This Contract shall not be valid or enforceable until the Effective Date. The State shall not be bound by any provision of this Contract before the Effective Date. B. Initial Term The Parties’ respective performances under this Contract shall commence on the Contract Performance Beginning Date shown on the Cover Page for this Contract and shall terminate on the Initial Contract Expiration Date shown on the Cover Page for this Contract (the “Initial Term”) unless sooner terminated or further extended in accordance with the terms of this Contract. C. Extension Terms - State’s Option Subject to mutual agreement the State, at its discretion, shall have the option to extend the performance under this Contract beyond the Initial Term for a period, or for successive periods, of ten years or less at the same rates and under the same terms specified in the Contract (each such period an “Extension Term”). In order to exercise this option, the State shall provide written notice to Contractor in a form substantially equivalent to the Sample Option Letter attached to this Contract. The total duration of this Contract, including the exercise of any options to extend, shall not exceed forty years from its Effective Date. 2.2 Packet Pg. 13 Attachment: Ordinance No. 011 (9074 : SR 011 EUE CDOT Dark Fiber) SAP OLA #:351001572 Routing #: 20-HAA-XE-03001 Page 4 of 15 Version 0219 Exhibit A D. Early Termination in the Public Interest The State is entering into this Contract to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Contract ceases to further the public interest of the State, the State, in its discretion, may terminate this Contract in whole or in part. A determination that this Contract should be terminated in the public interest shall not be equivalent to a State right to terminate for convenience. This subsection shall not apply to a termination of this Contract by the State for breach by Contractor, which shall be governed by §12.A.i. i. Method and Content The State shall notify Contractor of such termination in accordance with §14. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Contract, and shall include, to the extent practicable, the public interest justification for the termination. ii. Obligations and Rights Upon receipt of a termination notice for termination in the public interest, Contractor shall be subject to the rights and obligations set forth in §12.A.i.a. iii. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the Contractor, it shall be subject to annual appropriation by the Contractor’s City Council as required in Article V, Section 8(b) of the City of Fort Collins Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The Contractor shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 3. DEFINITIONS The following terms shall be construed and interpreted as follows: A. “Breach of Contract” means the failure of a Party to perform any of its obligations in accordance with this Contract, in whole or in part or in a timely or satisfactory manner. If Contractor is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Contract, then such debarment or suspension shall constitute a breach. B. “Business Day” means any day in which the State is open and conducting business, but shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1), C.R.S. C. “Contract” means this agreement, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto. D. “Contractor Records” means any and all Contractor data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA and records of current or former users of public utility services delivered by Contractor. E. “CORA” means the Colorado Open Records Act, §§24-72-200.1, et. seq., C.R.S. 2.2 Packet Pg. 14 Attachment: Ordinance No. 011 (9074 : SR 011 EUE CDOT Dark Fiber) SAP OLA #:351001572 Routing #: 20-HAA-XE-03001 Page 5 of 15 Version 0219 Exhibit A F. “Disaster” means a sudden event which causes severe damage including, but not limited to, droughts, floods, hurricanes, tornadoes, earthquakes, fires, explosions, volcanoes, windstorms, landslides or mudslides, riots, civil disorders or other catastrophes, except it does not include economic dislocations G. “Effective Date” means the date on which this Contract is approved and signed by the Chief Engineer of the Colorado Department of Transportation or designee, as shown on the Signature Page for this Contract. H. “Exhibits” means the exhibits and attachments included with this Contract as shown on the Cover Page for this Contract. I. “Extension Term” means the time period defined in §2.C. J. “Goods” means any movable material acquired, produced, or delivered by Contractor as set forth in this Contract and shall include any movable material acquired, produced, or delivered by Contractor in connection with the Services. K. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or information resources of the State, which are included as part of the Work, as described in §§24-37.5-401 et. seq. C.R.S. Incidents include, without limitation (i) successful attempts to gain unauthorized access to a State system or State Information regardless of where such information is located; (ii) unwanted disruption or denial of service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv) changes to State system hardware, firmware, or software characteristics without the State’s knowledge, instruction, or consent.” L. “Initial Term” means the time period defined in §2.B. M. “Party” means the State or Contractor, and “Parties” means both the State and Contractor. N. “Services” means the services to be performed by Contractor as set forth in this Contract, and shall include any services to be rendered by Contractor in connection with the Goods. O. “State Fiscal Rules” means that fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a), C.R.S. P. “State Fiscal Year” means a 12-month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. Q. “State Records” means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. R. “Subcontractor” means third-parties, if any, engaged by Contractor to aid in performance of the Work. S. “Work” means the Goods delivered and Services performed pursuant to this Contract. T. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work 2.2 Packet Pg. 15 Attachment: Ordinance No. 011 (9074 : SR 011 EUE CDOT Dark Fiber) SAP OLA #:351001572 Routing #: 20-HAA-XE-03001 Page 6 of 15 Version 0219 Exhibit A Product” does not include any material that was developed prior to the Effective Date that is used, without modification, in the performance of the Work. Any other term used in this Contract that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 4. STATEMENT OF WORK Contractor shall complete the Work as described in this Contract and in accordance with the provisions of Exhibit A. This Contract involves an exchange of resources, goods, or services that shall not result in the expenditure of funds by the State. The State shall have no liability to compensate Contractor for the delivery of any Goods or the performance of any Services under this Contract. The Parties shall ensure that all Contractor Records, State Records, and Work Product in the possession of the Parties are protected and handled in accordance with the requirements of this Contract, including the requirements of any Exhibits hereto, at all times. 5. PAYMENTS TO CONTRACTOR A. The exchange of resources, goods, or services under this Contract shall not result in the expenditure of funds by the State. The State shall have no payment obligations to Contractor under this Contract. B. Contractor shall make payments to the State in accordance with the provisions of Exhibit A. 6. REPORTING - NOTIFICATION A. Litigation Reporting If Contractor is served with a pleading or other document in connection with an action before a court or other administrative decision making body, and such pleading or document relates to this Contract or may affect Contractor’s ability to perform its obligations under this Contract, Contractor shall, within 10 days after being served, notify the State of such action and deliver copies of such pleading or document to the State’s principal representative identified on the Cover Page for this Contract. 7. CONTRACTOR RECORDS The Contractor shall provide records in accordance with this Section 7, if applicable, for any services other than the leasing of dark fiber. A. Maintenance Contractor shall maintain a file of all documents, records, communications, notes and other materials relating to the Work (the “Contractor Records”). Contractor Records shall include all documents, records, communications, notes and other materials maintained by Contractor that relate to any Work performed by Subcontractors, and Contractor shall maintain all records related to the Work performed by Subcontractors required to ensure proper performance of that Work. Contractor shall maintain Contractor Records until the last to occur of: (i) the date three years after the date this Contract expires or is terminated, (ii) final payment under this Contract is made, (iii) the resolution of any pending Contract matters, (iv) if an audit is occurring, or Contractor has received notice that an audit is pending, the date such audit is completed and its findings have been resolved, or (v) as set forth in Contractor’s published record retention schedule (the “Record Retention Period”). B. Inspection 2.2 Packet Pg. 16 Attachment: Ordinance No. 011 (9074 : SR 011 EUE CDOT Dark Fiber) SAP OLA #:351001572 Routing #: 20-HAA-XE-03001 Page 7 of 15 Version 0219 Exhibit A Contractor shall permit the State to audit, inspect, examine, excerpt, copy and transcribe Contractor Records during the Record Retention Period. Contractor shall make Contractor Records available during normal business hours at Contractor’s office or place of business, or at other mutually agreed upon times or locations, upon no fewer than two Business Days’ notice from the State, unless the State determines that a shorter period of notice, or no notice, is necessary to protect the interests of the State. C. Monitoring The State, in its discretion, may monitor Contractor’s performance of its obligations under this Contract using procedures as determined by the State. The State shall monitor Contractor’s performance in a manner that does not unduly interfere with Contractor’s performance of the Work. D. Final Audit Report Contractor shall promptly submit to the State a copy of any final audit report of an audit performed on Contractor’s records that relates to or affects this Contract or the Work, whether the audit is conducted by Contractor or a third party. 8. [RESERVED] 9. CONFLICTS OF INTEREST A. Actual Conflicts of Interest Contractor shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Contractor under this Contract. Such a conflict of interest would arise when a Contractor or Subcontractor’s employee, officer or agent were to offer or provide any tangible personal benefit to an employee of the State, or any member of his or her immediate family or his or her partner, related to the award of, entry into or management or oversight of this Contract. B. Apparent Conflicts of Interest Contractor acknowledges that, with respect to this Contract, even the appearance of a conflict of interest shall be harmful to the State’s interests. Absent the State’s prior written approval, Contractor shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Contractor’s obligations under this Contract. C. Disclosure to the State If a conflict or the appearance of a conflict arises, or if Contractor is uncertain whether a conflict or the appearance of a conflict has arisen, Contractor shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to the actual or apparent conflict constitutes a Breach of Contract. 10. INSURANCE Contractor shall obtain and maintain insurance as specified in this section at all times during the term of this Contract. All insurance policies required by this Contract that are not provided through self-insurance shall be issued by insurance companies as approved by the State. A. Contractor Insurance 2.2 Packet Pg. 17 Attachment: Ordinance No. 011 (9074 : SR 011 EUE CDOT Dark Fiber) SAP OLA #:351001572 Routing #: 20-HAA-XE-03001 Page 8 of 15 Version 0219 Exhibit A The Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”) and shall maintain at all times during the term of this Contract such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. B. Additional Insured The State shall be named as additional insured on all commercial general liability policies (leases and construction contracts require additional insured coverage for completed operations) required of Contractor. C. Primacy of Coverage Coverage required of Contractor shall be primary over any insurance or self-insurance program carried by Contractor or the State. D. Cancellation All commercial insurance policies shall include provisions preventing cancellation or non- renewal, except for cancellation based on non-payment of premiums, without at least 30 days prior notice to Contractor and Contractor shall forward such notice to the State in accordance with §14 within seven days of Contractor’s receipt of such notice. E. Subrogation Waiver All commercial insurance policies secured or maintained by Contractor in relation to this Contract shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise against Contractor or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. F. Certificates For each commercial insurance plan provided by Contractor under this Contract, Contractor shall provide to the State certificates evidencing Contractor’s insurance coverage required in this Contract within seven Business Days following the Effective Date. Contractor shall provide to the State certificates evidencing Subcontractor insurance coverage required under this Contract within seven Business Days following the Effective Date, except that, if Contractor’s subcontract is not in effect as of the Effective Date, Contractor shall provide to the State certificates showing Subcontractor insurance coverage required under this Contract within seven Business Days following Contractor’s execution of the subcontract. No later than 15 days before the expiration date of Contractor’s or any Subcontractor’s coverage, Contractor shall deliver to the State certificates of insurance evidencing renewals of coverage. At any other time during the term of this Contract, upon request by the State, Contractor shall, within seven Business Days following the request by the State, supply to the State evidence satisfactory to the State of compliance with the provisions of this §10. 11. BREACH OF CONTRACT In the event of a Breach of Contract, the aggrieved Party shall give written notice of breach to the other Party. If the notified Party does not cure the Breach of Contract, at its sole expense, within 30 days after the delivery of written notice, the Party may exercise any of the remedies as described in §12 for that Party. Notwithstanding any provision of this Contract to the contrary, the State, in its discretion, need not provide notice or a cure period and may immediately terminate this Contract in whole or in part or institute any other remedy in this Contract in order to protect the public interest of the State; or if Contractor is debarred or suspended under §24-109-105, C.R.S., the State, 2.2 Packet Pg. 18 Attachment: Ordinance No. 011 (9074 : SR 011 EUE CDOT Dark Fiber) SAP OLA #:351001572 Routing #: 20-HAA-XE-03001 Page 9 of 15 Version 0219 Exhibit A in its discretion, need not provide notice or cure period and may terminate this Contract in whole or in part or institute any other remedy in this Contract as of the date that the debarment or suspension takes effect. 12. REMEDIES A. State’s Remedies If Contractor is in breach under any provision of this Contract and fails to cure such breach, the State, following the notice and cure period set forth in §11, shall have all of the remedies listed in this section in addition to all other remedies set forth in this Contract or at law. The State may exercise any or all of the remedies available to it, in its discretion, concurrently or consecutively. i. Termination for Breach In the event of Contractor’s uncured breach, the State may terminate this entire Contract or any part of this Contract. Contractor shall continue performance of this Contract to the extent not terminated, if any. a. Obligations and Rights To the extent specified in any termination notice, Contractor shall not incur further obligations or render further performance past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, Contractor shall complete and deliver to the State all Work not cancelled by the termination notice, and may incur obligations as necessary to do so within this Contract’s terms. At the request of the State, Contractor shall assign to the State all of Contractor's rights, title, and interest in and to such terminated orders or subcontracts. Upon termination, Contractor shall take timely, reasonable and necessary action to protect and preserve property in the possession of Contractor but in which the State has an interest. At the State’s request, Contractor shall return materials owned by the State in Contractor’s possession at the time of any termination. Contractor shall deliver all completed Work Product and all Work Product that was in the process of completion to the State at the State’s request. b. Damages and Withholding Notwithstanding any other remedial action by the State, Contractor shall remain liable to the State for any damages sustained by the State in connection with any breach by Contractor. ii. Remedies Not Involving Termination This Section 11 A. ii only applies in the event Contractor engages with the State for any services other than leasing dark fiber. The State, in its discretion, may exercise one or more of the following additional remedies: a. Suspend Performance Suspend Contractor’s performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Contractor to an adjustment in the performance schedule. Contractor shall promptly cease 2.2 Packet Pg. 19 Attachment: Ordinance No. 011 (9074 : SR 011 EUE CDOT Dark Fiber) SAP OLA #:351001572 Routing #: 20-HAA-XE-03001 Page 10 of 15 Version 0219 Exhibit A performing Work in accordance with the State’s directive, and the State shall not be liable for costs incurred by Contractor after the suspension of performance. b. Removal Demand immediate removal of any of Contractor’s employees, agents, or Subcontractors from the Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this Contract is deemed by the State to be contrary to the public interest or the State’s best interest. c. Intellectual Property If any Work infringes, or if the State in its sole discretion determines that any Work is likely to infringe, a patent, copyright, trademark, trade secret or other intellectual property right, Contractor shall, as approved by the State (i) secure that right to use such Work for the State and Contractor; (ii) replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing; or, (iii) remove any infringing Work and refund the amount paid for such Work to the State. B. Contractor’s Remedies If the State is in breach of any provision of this Contract and does not cure such breach, Contractor, following the notice and cure period in §11 and the dispute resolution process in §13 shall have all remedies available at law and equity. 13. DISPUTE RESOLUTION A. Initial Resolution Except as herein specifically provided otherwise, disputes concerning the performance of this Contract which cannot be resolved by the designated Contract representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager designated by Contractor for resolution. B. Resolution of Controversies If the initial resolution described in §13.A fails to resolve the dispute within 10 Business Days, Contractor shall submit any alleged breach of this Contract by the State to the Procurement Official of the State Agency named on the Cover Page of this Contract as described in §24-101-301(30), C.R.S. for resolution in accordance with the provisions of §§24-106-109, and 24-109-101.1 through 24-109-505, C.R.S., (the “Resolution Statutes”), except that if Contractor wishes to challenge any decision rendered by the Procurement Official, Contractor’s challenge shall be an appeal to the executive director of the Department of Personnel and Administration, or their delegate, under the Resolution Statutes before Contractor pursues any further action as permitted by such statutes. Except as otherwise stated in this Section, all requirements of the Resolution Statutes shall apply including, without limitation, time limitations. 14. NOTICES AND REPRESENTATIVES Each individual identified as a Principal Representative on the Cover Page for this Contract shall be the principal representative of the designating Party. All notices required or permitted to be 2.2 Packet Pg. 20 Attachment: Ordinance No. 011 (9074 : SR 011 EUE CDOT Dark Fiber) SAP OLA #:351001572 Routing #: 20-HAA-XE-03001 Page 11 of 15 Version 0219 Exhibit A given under this Contract shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or registered mail to such Party’s principal representative at the address set forth below or (C) as an email with read receipt requested to the principal representative at the email address, if any, set forth on the Cover Page for this Contract. If a Party delivers a notice to another through email and the email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to such Party’s principal representative at the address set forth on the Cover Page for this Contract. Either Party may change its principal representative or principal representative contact information, or may designate specific other individuals to receive certain types of notices in addition to or in lieu of a principal representative by notice submitted in accordance with this section without a formal amendment to this Contract. 15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION A. Work Product Contractor assigns to the State and its successors and assigns, the entire right, title, and interest in and to all causes of action, either in law or in equity, for past, present, or future infringement of intellectual property rights related to the Work Product and all works based on, derived from, or incorporating the Work Product. Whether or not Contractor is under contract with the State at the time, Contractor shall execute applications, assignments, and other documents, and shall render all other reasonable assistance requested by the State, to enable the State to secure patents, copyrights, licenses and other intellectual property rights related to the Work Product. To the extent that Work Product would fall under the definition of “works made for hire” under 17 U.S.C.S. §101, the Parties intend the Work Product to be a work made for hire. B. Exclusive Property of the State Except to the extent specifically provided elsewhere in this Contract, any pre-existing State Records, State software, research, reports, studies, photographs, negatives or other documents, drawings, models, materials, data and information shall be the exclusive property of the State (collectively, “State Materials”). Contractor shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of Contractor’s obligations in this Contract without the prior written consent of the State. Upon termination of this Contract for any reason, Contractor shall provide all Work Product and State Materials to the State in a form and manner as directed by the State. C. Exclusive Property of Contractor Contractor retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or licensed to Contractor including, but not limited to, all pre-existing software, licensed products, associated source code, machine code, text images, audio and/or video, and third-party materials, delivered by Contractor under the Contract, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Contractor Property”). Contractor Property shall be licensed to the State as set forth in this Contract or a State approved license agreement: (i) entered into as exhibits to this Contract; (ii) obtained by the State from the applicable third-party vendor; or (iii) in the case of open source software, the license terms set forth in the applicable open source license agreement. 16. [RESERVED] 17. GENERAL PROVISIONS 2.2 Packet Pg. 21 Attachment: Ordinance No. 011 (9074 : SR 011 EUE CDOT Dark Fiber) SAP OLA #:351001572 Routing #: 20-HAA-XE-03001 Page 12 of 15 Version 0219 Exhibit A A. Assignment Contractor’s rights and obligations under this Contract are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Contractor’s rights and obligations approved by the State shall be subject to the provisions of this Contract B. Subcontracts Contractor shall not enter into any subcontract in connection with its obligations under this Contract without the prior, written approval of the State. Contractor shall submit to the State a copy of each such subcontract upon request by the State. All subcontracts entered into by Contractor in connection with this Contract shall comply with all applicable federal and state laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of this Contract. C. Binding Effect Except as otherwise provided in §17.A, all provisions of this Contract, including the benefits and burdens, shall extend to and be binding upon the Parties’ respective successors and assigns. D. Authority Each Party represents and warrants to the other that the execution and delivery of this Contract and the performance of such Party’s obligations have been duly authorized. E. Captions and References The captions and headings in this Contract are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Contract to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. F. Counterparts This Contract may be executed in multiple, identical, original counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. G. Entire Understanding This Contract represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Contract. Prior or contemporaneous additions, deletions, or other changes to this Contract shall not have any force or effect whatsoever, unless embodied herein. H. Digital Signatures If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use 2.2 Packet Pg. 22 Attachment: Ordinance No. 011 (9074 : SR 011 EUE CDOT Dark Fiber) SAP OLA #:351001572 Routing #: 20-HAA-XE-03001 Page 13 of 15 Version 0219 Exhibit A digital signatures within the electronic system through which that signatory signed shall be incorporated into this Contract by reference. I. Modification Except as otherwise provided in this Contract, any modification to this Contract shall only be effective if agreed to in a formal amendment to this Contract, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules, and Contractor’s municipal charter. Modifications permitted under this Contract, other than contract amendments, shall conform to the policies issued by the Colorado State Controller. J. Statutes, Regulations, Fiscal Rules, and Other Authority. Any reference in this Contract to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Effective Date of this Contract. K. Severability The invalidity or unenforceability of any provision of this Contract shall not affect the validity or enforceability of any other provision of this Contract, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under this Contract in accordance with the intent of this Contract. L. Survival of Certain Contract Terms Any provision of this Contract that imposes an obligation on a Party after termination or expiration of the Contract shall survive the termination or expiration of this Contract and shall be enforceable by the other Party. M. Taxes The Parties as individually each is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number 98-02565). Neither Party shall not be liable for the payment of any excise, sales, or use taxes, regardless of whether any political subdivision of the state imposes such taxes on the other Party. N. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described in §17.A, this Contract does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement of this Contract and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Contract are incidental to this Contract, and do not create any rights for such third parties. O. Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Contract, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. 2.2 Packet Pg. 23 Attachment: Ordinance No. 011 (9074 : SR 011 EUE CDOT Dark Fiber) SAP OLA #:351001572 Routing #: 20-HAA-XE-03001 Page 14 of 15 Version 0219 Exhibit A P. CORA Disclosure To the extent not prohibited by federal law, this Contract and the performance measures and standards required under §24-106-107, C.R.S., if any, are subject to public release through the CORA. Q. Standard and Manner of Performance Contractor shall perform its obligations under this Contract in accordance with the highest standards of care, skill and diligence in Contractor’s industry, trade, or profession. R. Licenses, Permits, and Other Authorizations. Contractor shall secure, prior to the Effective Date, and maintain at all times during the term of this Contract, at its sole expense, all licenses, certifications, permits, and other authorizations required to perform its obligations under this Contract, and shall ensure that all employees, agents and Subcontractors secure and maintain at all times during the term of their employment, agency or subcontract, all license, certifications, permits and other authorizations required to perform their obligations in relation to this Contract. 18. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) These Special Provisions apply to all contracts except where noted in italics. A. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of either Party, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and each Party’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. B. INDEPENDENT CONTRACTOR Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when 2.2 Packet Pg. 24 Attachment: Ordinance No. 011 (9074 : SR 011 EUE CDOT Dark Fiber) SAP OLA #:351001572 Routing #: 20-HAA-XE-03001 Page 15 of 15 Version 0219 Exhibit A requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. C. COMPLIANCE WITH LAW. Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. D. CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. E. PROHIBITED TERMS. Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires the State to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. Any term included in this Contract that limits Contractor’s liability that is not void under this section shall apply only in excess of any insurance to be maintained under this Contract, and no insurance policy shall be interpreted as being subject to any limitations of liability of this Contract. F. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s services and Contractor shall not employ any person having such known interests. THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY 2.2 Packet Pg. 25 Attachment: Ordinance No. 011 (9074 : SR 011 EUE CDOT Dark Fiber) SAP OLA #:351001572 Routing #: 20-HAA-XE-03001 Exhibit A Page 1 of 5 Exhibit A EXHIBIT A, STATEMENT OF WORK City of Fort Collins Electric Utility Enterprise, dba Fort Collins Connexion (“Connexion”) CDOT Dark Fiber Lease 1. Contract Description a. Colorado Department of Transportation (CDOT) owns and operates a fiber optic telecommunications backbone located within the public rights of way (ROW) along Interstate 25 (I-25) from Milepost 268.2 at Prospect Road to Milepost 209.2 near 6th Avenue and fiber strands extending further into Denver terminating at the super vault outside of 910 15 th Street, Denver, CO. Connexion desires to lease two (2) existing dark single-mode fiber optics telecommunication strands along the corridor from CDOT. 2. Connexion’s Responsibilities a. Connexion shall procure, provide, install and maintain handholes at the I-25 and Prospect Road (A location) splice point to access the leased dark fiber strands. After infrastructure is in place and ready for fiber splice work, Connexion shall submit written request for splice work to CDOT Intelligent Transportation Systems (ITS) Network Operations Center. b. Connexion is responsible for all fees and access into the 910 15th Street facilities (Z location) from the CDOT demarcation. c. Connexion is responsible for any networking designs and implementation as it is associated to the optronics to extend between A location and Z locations. d. Connexion shall perform all applicable maintenance related activities, on Connexion owned handhold and related Connexion owned infrastructure including required relocations. e. Connexion shall apply for and obtain the applicable CDOT Region Utility Permit and comply with all applicable provisions, terms and conditions of the applicable CDOT Region Utility Permit. f. Connexion shall apply for and obtain the applicable CDOT Region Maintenance Permit and comply with all applicable provisions, terms and conditions of the applicable CDOT Region Maintenance Permit. g. Connexion shall pay an annual fee as shown in Attachment A and further described below in Section 5. Payment. h. Connexion shall provide contact information list for their entity’s staff that are responsible for managing the fiber infrastructure including emergency contacts when Emergency and Extraordinary Repairs are necessary. i. Within sixty (60) days of termination of the Agreement for any reason, non-renewal, or expiration, Connexion may remove any equipment or other appurtenances, but Connexion shall not excavate or disturb the topsoil in removal thereof, and all conduit 2.2 Packet Pg. 26 Attachment: Ordinance No. 011 (9074 : SR 011 EUE CDOT Dark Fiber) SAP OLA #:351001572 Routing #: 20-HAA-XE-03001 Exhibit A Page 2 of 5 Exhibit A and fiver installed in CDOT’s right of way(s) shall be abandoned in place and become the sole property of CDOT. 3. CDOT Responsibilities a. CDOT shall provide 2 strands of dark fiber along I-25 from ProspectRoad, Fort Collins to 6th Avenue, Denver and through Denver to 910 15th Street entrance vault or other designated entrance demarcation, for an annual lease fee as shown in Attachment A. b. CDOT shall identify and assign leased strands for Connexion use within 90 days of execution of this Agreement. c. CDOT shall conduct all splice work on CDOT owned facilities. d. Issue the applicable CDOT Region Utility Permit(s) within forty-five (45) days of receiving the Connexion’s properly completed and compliant application including all other required federal, state and/or local permits provided that no mitigating circumstances, requirements, clearances or other issues must be addressed thereby making issuance of said CDOT Region Utility Permit(s) not possible within forty-five (45) days. e. Issue the applicable CDOT Region Maintenance Permit(s) within forty-five (45) days of receiving Company’s properly completed and compliant application provided that no mitigating circumstances or other issues must be addressed thereby making issuance of said CDOT Region Maintenance Permit(s) not possible within forty-five (45) days. f. CDOT shall perform all applicable maintenance related activities on the CDOT owned fiber optic cables, including: i. Routine Preventative Maintenance: Routine Preventative Maintenance, as applicable, shall at a minimum consist of, but not be limited to, periodic inspection of the project facility, including reinstallation of knocked down fiber location markers and replacement of damaged or missing fiber location markers, clearing and cleaning debris from the facility pull boxes so that they are visible and performing locates within three (3) business days from receipt of UNCC notice unless Force Majeure, severe weather, highway closures or extreme safety hazards exist. CDOT shall supply materials such as, but not limited to, fiber location markers at its own expense and shall perform all necessary Route Preventative Maintenance at its own expense and shall not seek reimbursement for any and all costs associated with Route Preventative Maintenance performed. ii. Registering the Project Facility: CDOT shall register or cause to be registered the project facility. CDOT shall be solely responsible to pay all costs to repair and/or replace the project facility due only to failure to perform locates, or to perform locates in a timely manner, resulting in damage and/or cutting or severing the fiber infrastructure in the project facility. CDOT shall not be responsible to register or cause to be registered any lateral conduit or fiber optic cable the other party installs, neither shall CDOT be responsible to pay for any costs to repair and/or replace any lateral conduit or fiber optic cable installed by the other party. 2.2 Packet Pg. 27 Attachment: Ordinance No. 011 (9074 : SR 011 EUE CDOT Dark Fiber) SAP OLA #:351001572 Routing #: 20-HAA-XE-03001 Exhibit A Page 3 of 5 Exhibit A iii. Emergency and Extraordinary Repairs: Emergency and Extraordinary Repairs shall mean repairs required as a result of the fiber optic cables in the project facility have been damaged, cut, or severed and repairs required as a result of pull boxes being crushed or damaged. CDOT shall perform and be solely responsible to pay for all necessary Emergency and Extraordinary Repairs including splicing and reconnecting of the fibers in the project facility. CDOT’s standard for restoral of outages and damages are best effort. iv. Scheduled Maintenance: CDOT may need to conduct work that requires a scheduled outage of their fiber optic cable. In the event of a scheduled outage CDOT shall provide 3 days notice for any scheduled outage not to exceed 8 hours unless it is an emergency repair. v. Notification: In the event that Emergency and Extraordinary Repairs are performed, the parties shall notify each other as soon as is reasonable and practicable, and shall make reasonable effort to notify each other while such Emergency and Extraordinary Repair is in progress. Notification shall include, to the extent practicable, the nature, location and duration of the Emergency and Extraordinary Repair. A telephone call followed by an email with an electronic receipt shall constitute acceptable notification. vi. Entering the Parties Pull Boxes: For safety and security reasons CDOT, including but not limited to, CDOT’s employees, sub-contractors, agents, entities, affiliates, etc. shall NOT enter Connexion’s labeled pull boxes, vaults and/or manholes without receiving written permission. For safety and security reasons Connexion including but not limited to, Connexion’s employees, sub-contractors, agents, entities, affiliates, etc. shall NOT enter CDOT’s pull boxes, vaults and/or manholes without receiving written permission. Written permission shall be acceptable in the form of email with an electronic receipt, except where entry is necessary to perform Emergency and Extraordinary Repairs. vii. Loss of Use: Either Party’s loss of use of the Project Facility shall not entitle such Party to any damages or loss from the other Party, in any manner whatsoever, for loss of use, which loss of use could be attributed, but not limited to, as a result of any Routine Preventative Maintenance, Registering the Project Facility with UNCC, Emergency and Extraordinary Repairs or any other activity described in this same Section or any other unforeseen circumstance that may result in such loss of use, and such loss of use does not relieve either Party from any obligations assumed by this Agreement, or from complete and proper fulfillment of the terms and conditions of this Agreement, neither does it entitle either Party to any compensation for damages or loss from the other Party, in any manner whatsoever, for such loss of use. 4. Relocation: Each Party recognizes that from time to time due to highway and/or transportation projects in the CDOT ROW, it may become necessary to relocate either a portion, or all, of the infrastructure installed as part of the properly executed Agreement. If such relocation becomes 2.2 Packet Pg. 28 Attachment: Ordinance No. 011 (9074 : SR 011 EUE CDOT Dark Fiber) SAP OLA #:351001572 Routing #: 20-HAA-XE-03001 Exhibit A Page 4 of 5 Exhibit A necessary for whatever reason, CDOT shall be solely responsible for all costs incurred to relocate all CDOT infrastructure, except that CDOT shall not be responsible for any costs incurred to relocate all Connexion’s infrastructure. To accomplish relocation of Connexion’s infrastructure for which Connexion is solely and entirely responsible, Connexion shall have the following two (2) options: a. Hire a contractor to relocate Connexion’s infrastructure in accordance with CDOT construction plans and schedules. Connexion shall direct such contractor to coordinate with the contractor CDOT hires to perform construction and relocation of the CDOT infrastructure to ensure that the Connexion’s infrastructure is relocated in a coordinated manner and that the project is successfully completed. b. Authorize the contractor hired by CDOT to relocate Connexion’s infrastructure in accordance with CDOT construction plans and schedules. Connexion shall be solely responsible to pay for all cost associated to relocate Connexion’s infrastructure. Due to the vested interest that Connexion has in fiber infrastructure installed in the CDOT ROW, CDOT shall use commercially reasonable efforts to give Connexion notice of relocation as soon as CDOT becomes aware of such relocation and CDOT shall keep Connexion well informed throughout the entire relocation process, including but not limited to, development of relocation project plans and schedules. Also, CDOT shall give Connexion an official notice that identifies the schedule at least one hundred twenty (120) days prior to the commencement of such relocation project. 5. Payment a. Connexion shall make the first year’s Total Annual Lease Payment as shown in Attachment A within thirty (30) days of the Effective Date. Connexion may pay the last year’s Total Annual Lease Payment based on a prorated amount of the last year’s annual lease payment corresponding from the anniversary of the Effective Date to the expiration date of this Lease Agreement. b. Connexion shall pay CDOT an annual lease payment for each subsequent year of the term of this Lease Agreement within thirty (30) days of the anniversary of the Effective Date. The annual lease payment shall automatically be increased by three percent (3%) each year after the first year. Connexion shall pay the Total Annual Lease Payment amount for each subsequent year of the Lease Agreement term as shown in Attachment A. Payments shall be made payable to CDOT at: Colorado Department of Transportation C/o Accounting Receipts & Deposits 2829 West Howard Place Denver, CO 80204 Or at such place as CDOT from time to time designates by notice. In the event CDOT has not received the Total Annual Lease Payment hereunder within forty-five (45) days after said payment becomes due and owing, a late charge of five percent (5%) of that Total Annual Lease Payment shall be assessed to Connexion. If fees owed by Connexion are 90 days or more past due, CDOT may disconnect leased dark fibers with a minimum of thirty (30) days prior written notice. 2.2 Packet Pg. 29 Attachment: Ordinance No. 011 (9074 : SR 011 EUE CDOT Dark Fiber) SAP OLA #:351001572 Routing #: 20-HAA-XE-03001 Exhibit A Page 5 of 5 Exhibit A EXHIBIT A , ATTACHMENT A 2.2 Packet Pg. 30 Attachment: Ordinance No. 011 (9074 : SR 011 EUE CDOT Dark Fiber) SAP OLA #:351001572 Routing #: 20-HAA-XE-03001 Exhibit C Page 1 of 1 Exhibit A EXHIBIT B, SAMPLE OPTION LETTER State Agency Insert Department's or IHE's Full Legal Name Option Letter Number Insert the Option Number (e.g. "1" for the first option) Contractor Insert Contractor's Full Legal Name Original Contract Number Insert CMS number or Other Contract Number of the Original Contract Current Contract Maximum Amount Initial Term Option Contract Number Insert CMS number or Other Contract Number of this Option State Fiscal Year 20xx $0.00 Extension Terms Contract Performance Beginning Date State Fiscal Year 20xx $0.00 Month Day, Year State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 Current Contract Expiration Date State Fiscal Year 20xx $0.00 Month Day, Year Total for All State Fiscal Years $0.00 OPTIONS: Option to extend for an Extension Term REQUIRED PROVISIONS: In accordance with Section(s) Number of the Original Contract referenced above, the State hereby exercises its option for an additional term, beginning Insert start date and ending on the current contract expiration date shown above, at the rates stated in the Original Contract, as amended. OPTION EFFECTIVE DATE: A. The effective date of this Option Letter is upon approval of the State or , whichever is later. CONTRACTOR City of Fort Collins Electric Utility Enterprise, dba Fort Collins Connexion ______________________________________________ By: __________________, Enterprise Board President Date: _________________________ STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director ______________________________________________ By: Stephen Harelson, P.E., Chief Engineer Effective Date: _________________________ 2.2 Packet Pg. 31 Attachment: Ordinance No. 011 (9074 : SR 011 EUE CDOT Dark Fiber) Plan Substantial Amendments 1) 1-day prior notice of Public Review Period. 2) 15-day prior notice of Public Hearing. 3) Public Hearing: City Council 4) Exception: 24 hours in advance for DR funds 30-day Public Review period DR-funds: 5- day Public Review period City Council Approval Submit to HUD after City Council approval Annual Action Plans Substantial Amendments 1) 1-day prior notice of Public Review Period. 2) 15-day prior notice of Public Hearing. 3) Public Hearing: Social Sustainability Department 4) Exception: 24 hours in advance for DR funds 30-day Public Review period DR-funds: 5- day Public Review period Annual Action Plan: n/a* Submit prior to start of next Program/Fiscal Year Consolidated Annual Performance and Evaluation Report (CAPER) 1-day prior notice of Public Review Period. 15-day Public Review period n/a Submit to HUD December 31 Public Hearing Notices Posting standards and implementation reflect a goal of maximizing citizen awareness and participation in Hearing.** n/a n/a Goal of 15 days, not less than 7 days before Hearing, Additional Two (2) general Public Hearings are required annually: A Packet Pg. 207 Attachment: Exhibit A (9065 : HUD Citizen Participation Plan Amendment RESO) EXHIBIT C EXHIBIT B Packet Pg. 82 Attachment: Landmark Designation Application (8979 : 425 Mathews Landmark)