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COUNCIL - COMPLETE AGENDA - 06/02/2020 - 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 June 2, 2020 Revised 05/29/20 PUBLIC PARTICIPATION FOR COUNCIL MEETINGS There will be four options for people who would like to participate in the meeting: Live via the telephone, Live via the Zoom online meeting, Live in Council Chambers, By submitting emails to CityLeaders@fcgov.com. All options will be available for those wishing to provide general public comment, as well as public comment during individual discussion items. PUBLIC PARTICIPATION (PHONE OPTION): Dial public participation phone number, 1-346-248-7799. Enter the Meeting ID for the June 2 meeting: 933 9088 8185 followed by the pound sign (#). ● You can also find this information for participating by phone on the City’s home webpage by clicking on the “Remote Public Participation Instructions” link shown near the top of the page. 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 due to streaming delay and possible audio interference. PUBLIC PARTICIPATION (ONLINE): Individuals who wish to address Council via remote public participation can do so through Zoom at https://tinyurl.com/fococouncilmeeting060220 The link and instructions are also 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. City of Fort Collins Page 2 The Zoom meeting will be available beginning at 5:15 p.m. on the day of the meeting. 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, you must: Have an internet-enabled smartphone, laptop or computer. ● Using earphones with a microphone will greatly improve your audio experience. Join the Zoom meeting. ● You can find the link on the front page of the agenda or on the City’s home webpage at www.fcgov.com. If you use the City’s home page, simply click on the “Participate remotely in Council Meeting” link shown near the top of the page. Please remember to not watch/stream FCTV at the same time due to delays and possible feedback issues. PUBLIC PARTICIPATION (IN PERSON): To participate in person, individuals should come to City Hall and be prepared to follow strict social distancing, sanitizer and facial covering guidelines. No more than 10 individuals will be allowed in Council Chambers. Therefore, staging for individuals who wish to speak will occur in the City Hall lobby and outside (weather permitting). Only one speaker at a time will be allowed to enter Council Chambers. Individuals will be required to wear masks while inside City Hall and any other City buildings being utilized. Once a speaker has provided comments, he or she will be asked to leave Council Chambers to make room for the next speaker. PUBLIC PARTICIPATION (VIA EMAIL): Individuals not 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. WATCH THE MEETING: Anyone can view the Council meeting live on Channels 14 and 881 or online at www.fcgov.com/fctv. Documents to Share: If residents wish to speak to a document or presentation, the City Clerk needs to be emailed those materials by 4:00 p.m. the day of the meeting. 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. City of Fort Collins Page 3 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 the Month of June 2020 as Men's Health Month. B. Proclamation Declaring the Week of June 1-7, 2020 as CPR-AED Awareness Week. 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 of the May 5, 2020 Regular Council Meeting. The purpose of this item is to approve the minutes from the May 5, 2020 Regular Council meeting. 2. Second Reading of Ordinance No. 071, 2020, Making Supplemental Appropriations for the College Avenue-Trilby Road Intersection Improvements Project. This item meets the following COVID-19 emergency priorities for being on the Council agenda: Priority 6 - Items that relate to funding, operation and business activities that the city must continue despite the current crisis. Priority 7 - Items that are required to comply with federal or state legal or other requirements. This Ordinance, unanimously adopted on First Reading on May 19, 2020, appropriates state and federal funded grants: from the Highway Safety Improvement Program (HSIP) for safety related improvements ($2,250,000), Congestion, Mitigation and Air Quality Improvements (CMAQ) program ($387,371) and the Funding Advancements for Surface Transportation & Economic Recovery (FASTER) ($1,500,000) for the College Avenue and Trilby Road Intersection Project. City of Fort Collins Page 5 3. Second Reading of Ordinance No. 072, 2020, Relating to the Extraction of Hemp within Dwellings. This item meets the following COVID-19 emergency priority for being on the Council agenda: Priority 7 - Items that are required to comply with federal or state legal or other requirements. This item is required in order to comply with state law allowing the cultivation, extraction, processing, and manufacturing of industrial hemp and industrial hemp products, and the International Fire Code which permits and regulates the extraction of hemp. This Ordinance, unanimously adopted on First Reading on May 19, 2020, amends Article XII, Chapter 12 of the City Code as it relates to the extraction of industrial hemp to clarify that the prohibition on the use of inherently hazardous substances in the extraction process only applies to dwellings, not to commercial businesses. 4. Second Reading of Ordinance No. 074, 2020, Authorizing the Conveyance of a Permanent Waterline Easement and a Temporary Construction Easement on Maxwell Natural Area to the Fort Collins Loveland Water District. This item meets the following COVID-19 emergency priorities for being on the Council agenda: Priority 4 - Items that are substantially complete, have completed significant public process, and are ready for Council consideration. This Ordinance, unanimously adopted on May 19, 2020, authorizes the conveyance of a permanent waterline easement and a temporary construction easement to the Fort Collins Loveland Water District (FCLWD) on Maxwell Natural Area. The proposed easement area will traverse Maxwell Natural Area over a new alignment and vacate in-place a portion of the original waterline alignment presently held by FCLWD on the east side of the natural area. Replacing the existing failing waterline is crucial for water service to residents supplied by the waterline. 5. Second Reading of Ordinance No. 075, 2020, Amending Section 2-606 of the Code of the City of Fort Collins and Setting the Salary of the Chief Judge. This item meets the following COVID-19 emergency priorities for being on the Council agenda: Priority 5 - Items that must move forward based on a Council directed timeline, i.e., completion of a pilot project or the end of a moratorium. Priority 6 - Items that relate to funding, operation and business activities that the City must continue despite of the current crisis. This Ordinance, unanimously adopted on First Reading on May 19, 2020, sets the base salary of the Chief Judge at $165,000 effective July 6, 2020. 6. First Reading of Ordinance No. 077, 2020, Appropriating Unanticipated Grant Revenue and Authorizing Transfers in the General Fund for the Emergency Management Performance Grant. This item meets the following COVID-19 emergency priority for being on the Council agenda: Priority 2 – Emergency-related items that are not urgent but require Council approval. The purpose of this item is to appropriate unanticipated grant revenue in the General Fund for the Emergency Management Performance Grant - Special Projects. This appropriation includes $10,000 of grant revenue provided by the Colorado Division of Homeland Security and Emergency Management (DHSEM) to support emergency management programs. The grant directly supported purchasing an emergency management credentialing system (Salamander) and required a local match of $10,951. Matching funds were appropriated and unexpended in the 2020 Emergency City of Fort Collins Page 6 Preparedness and Security operating budget and will be transferred to the Emergency Management Performance Grant - Special Projects program. 7. First Reading of Ordinance No. 078, 2020 Making a Supplemental Appropriation in the General Fund for the Restorative Justice Services Program. This item meets the following COVID-19 emergency priority for being on the Council agenda: Priority 6 - Items that relate to funding, operation and business activities that the City must continue despite the current crisis. The purpose of this item is to appropriate grant revenue to fund Restorative Justice Services within Community Development and Neighborhood Services (CDNS). The City has received an amendment to an existing grant providing $12,474 in additional funds from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund to support Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) and Reflect Program for all other offenses. The amendment to the existing grant provides additional funds for a specific project - the creation of videos and other outreach materials to increase awareness for Restorative Justice Services. No match is required. The additional funds were awarded from extra funds the state grant funding agency made available toward the end of the grant cycle (7/1/2019- 6/30/2020) and the funds must be spent by June 30, 2020, the end of the current grant cycle. 8. First Reading of Ordinance No. 079, 2020, Amending and Superseding Ordinance No. 061, 2020 Enacting Temporary Procedures for Remote Participation in Certain Meetings. The purpose of this item is to amend and supersede Ordinance No. 061, 2020, in order to allow Council to conduct business that has been postponed due to the local emergency set forth in the Ordinance. This Ordinance will also allow boards and commissions to conduct business remotely using technology set in place for Council meetings. 9. Emergency Ordinance No. 080, 2020, Approving Emergency Rules and Regulations Enacted by the City Manager Pursuant to the Local COVID-19 Emergency. THIS ITEM HAS BEEN REVISED. The purpose of this item is to approve an emergency rule and regulation 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 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. 10. Resolution 2020-051 Approving Fort Fund Grant Disbursements. This item meets the following COVID-19 emergency priorities for being on the Council agenda: Priority 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. Priority 6 - Items that relate to funding, operation and business activities that the City must continue despite the current crisis. The purpose of this item is to approve Fort Fund grants from the Cultural Development and Programming and Tourism Programming Accounts for the selected community and tourism events, based upon the recommendations of the Cultural Resources Board. City of Fort Collins Page 7 11. Resolution 2020-052 Authorizing the Assignment of the City’s Private Activity Bond Allocation for 2020 to Housing Catalyst and Mercy Housing to Finance the New Construction and Rehabilitation of Affordable Housing Units. This item meets the following COVID-19 emergency priorities for being on the Council agenda: Priority 7 - Items that are required to comply with federal or state legal or other requirements. The purpose of this item is to support the new construction and rehabilitation of affordable housing at several locations in the City by assigning the City’s 2020 Allocation of Private Activity Bond (PAB) capacity. PAB capacity is required for development projects using state or federal 4% Low-Income Housing Tax Credit financing. 12. Resolution 2020-053 Making Appointments to Various Boards and Commissions of the City of Fort Collins. This item meets the following COVID-19 emergency priority for being on the Council agenda: Priority 4 - Items that are substantially complete, have completed significant public process, and are ready for Council consideration. The purpose of this item is to appoint individuals to fill vacancies on various boards and commissions that exist due to the expiration of terms of certain members and the resignation of previous board members. 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: Small Business Perspective - Josh Birks B. Horsetooth Outlet Project Water Demand Management Update - Alice Conovitz, Mark Kempton COUNCILMEMBER REPORTS CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS City of Fort Collins Page 8 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. 13. Resolution 2020-050 Approving an Agreement to Secure Public Benefits for the Northfield Development. (staff: Josh Birks, Rachel Rogers; 5 minute staff presentation, 30 minute discussion) This item meets the following COVID-19 emergency priorities for being on the Council agenda: Priority 4 - Items that are substantially complete, has completed significant public process, and is ready for Council consideration. This item is being brought forward to help ensure that work does not have to be redone and can continue to move forward. This item is vital to secure necessary project financing and is also related to Council’s previous action of approving a metropolitan district service plan to be used in this project to help fund certain public benefits, i.e., much-needed affordable and attainable housing. The project will also provide additional economic benefits of construction employment and significant permit fee revenue to the City. These benefits are material, especially in the midst of the pending economic slowdown as a result of the COVID-19 pandemic. The purpose of this item is to consider Resolution 2020-050, which will approve the Agreement to Secure Public Benefits for the Northfield Development (attached as Exhibit A to the Resolution) (Public Benefits Agreement). The Agreement is contemplated in the Consolidated Service Plan for Northfield Metropolitan Districts Nos. 1-3, approved by City Council on October 1, 2019. Staff has completed its review of the Public Benefits Agreement to ensure it conforms to the service plan that was approved by Council. 14. Public Hearing and Resolution 2020-054 Approving the Programs and Projects that will receive COVID-19 Response and Recovery Funding from the Federal Community Development Block Grant Program. (staff: Beth Rosen; 5 minute presentation, 10 minute discussion) THIS ITEM HAS BEEN REVISED. This item meets the following COVID-19 emergency priorities for being on the Council agenda: Priority 1 - Urgent items specifically related to COVID-19 activities that are critical in nature and must receive Council consideration as soon as possible Priority 6 - Items that relate to funding, operation and business activities that the City must continue despite the current crisis Priority 7 - Items that are required to comply with federal or state legal or other requirements. City of Fort Collins Page 9 The purpose of this item is to approve the projects and activities recommended for funding from the $649,203 Community Development Block Grant program for COVID-19 response and recovery (CDBG-CV). 15. First Reading of Ordinance No. 076, 2020, Appropriating Prior Year Reserves in the Light and Power Fund, the Water Fund, the Wastewater Fund, and the Stormwater Fund, and Authorizing the Transfer of Previously Appropriated Funds in the Broadband Fund for the Utilities Customer Information and Billing System Project. (staff: Mike Beckstead, Lisa Rosintoski, Kevin Wilkins, Colman Keane; 10 minute presentation; 30 minute discussion) This item meets the following COVID-19 emergency priorities for being on the Council agenda: Priority 6 - Items that relate to funding, operation and business activities that the City must continue despite of the current crisis The purpose of this item is to appropriate an additional $950,000 to purchase a Customer Information System with an Operational Support System (CIS/OSS) for electric, water, wastewater, stormwater and broadband billing services, replacing the legacy billing system. The CIS/OSS is the billing system that will collect revenues for utility and broadband services, serving as the accounting ledger for Utilities revenue, which currently generates over $212 million in annual total revenue through an average of 84,400 monthly utility bills and service requests for residential and commercial customers. The City signed a Master Professional Services Agreement (MPSA) and Software License Agreement with Open International LLC (Open) in August 2018 to implement Open SmartFlex (OSF). The CIS/OSS will be the system interface customers rely on for accurate utility billing that includes a robust customer self-service web-portal interface for utility and broadband services that will assist customers towards understanding utility usage and costs in order to make energy and water conservation/efficiency investments, as well as Connexion product offerings. The project was scheduled into two phases. Phase I implementation focused on functionality to support Connexion, and Phase II implementation focused on functionality supporting our existing four Utilities. Multiple factors have led to the extension of Utilities Go-Live from June 2020 to QIV 2020, and the additional cost of $3.3 million in order to complete the project. Therefore, Open and City of Fort Collins Utilities negotiated a cost-share distribution of the $3.3 million, recognizing the partnership and long-term relationship needed for OSF as follows: City of Fort Collins Utilities incurs 55%, for a total of $1.7 million. Open incurs 45%, for a total of $1.4 million. City of Fort Collins Utilities reimburses additional contingency/living expenses, estimated up to $200,000. Our existing four Utilities and Connexion will split the City of Fort Collins Utilities share ($1.9 million), thus totaling $950,000 each for Connexion and the four utilities. Connexion has appropriated funding within the Connexion project. This funding request will be shared across the four utilities. Staff recognizes there is a potential for future risks, primarily related to employee turnover and illness, due to the pandemic environment that continues into the foreseeable future. As such, there is a degree of risk to meeting the fourth quarter Utilities Go-Live date. Therefore, staff is working with the vendor to develop mitigating actions that will minimize vendor resource costs on the project in order to eliminate and/or reduce those costs if there needs to be an extension of the project. 16. Northside Aztlan Community Center Options - Consideration of a motion giving direction concerning continued use of the Northside Aztlan Center as a homeless shelter during the COVID-19 Local Emergency. (staff: Beth Sowder, Jackie Kozak-Thiel, Kelly DiMartino; 10 minute presentation, 45 minute discussion) This item meets the following COVID-19 emergency priority for being on the Council agenda: City of Fort Collins Page 10 Priority 1 - Urgent items specifically related to COVID-19 activities that are critical in nature and must receive Council consideration as soon as possible. Priority 6 - Items that relate to funding, operation and business activities that the City must continue despite the current crisis. The purpose of this item is to provide Council with detailed information about the temporary homeless shelter services being provided at Northside Aztlan Community Center (NACC), plan for exit from NACC, childcare, summer camp, and other recreational programming plans and impacts, and analysis of potential options so that Council can provide direction regarding steps to move forward. CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS OTHER BUSINESS A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.) ADJOURNMENT Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. PROCLAMATION WHEREAS, despite advances in medical technology and research, men continue to live an average of five years less than women, with Native American and African American men having the lowest life expectancy; and WHEREAS, educating the public and health care providers about the importance of a healthy lifestyle and early detection of male health problems will result in reducing rates of mortality from disease; and WHEREAS, men who are educated about the value that preventive health can play in prolonging their lifespan and their role as productive family members will be more likely to participate in health screenings; and WHEREAS, fathers who maintain a healthy lifestyle are role models for their children and have happier, healthier children; and WHEREAS, the goal of Men’s Health Month is to heighten awareness of preventable health problems and encourage early detection and treatment of disease among men and boys; and WHEREAS, Men’s Health Month will focus on a broad range of men’s health issues, including heart disease, mental health, diabetes, and prostate, testicular and colon cancer; and WHEREAS, the citizens of Fort Collins are encouraged to Wear Blue for Men’s Health to increase awareness of the importance of a healthy lifestyle, regular exercise, and medical check-ups. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim June of 2020 as MEN’S HEALTH MONTH in Fort Collins and encourage our community to pursue preventative health practices and early detection efforts. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 2nd day of June, A.D. 2020. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 11 PROCLAMATION WHEREAS, American Heart Association data show more than 356,000 EMS-assessed out-of-hospital cardiac arrests annually occur in the United States; and WHEREAS, about 90 percent of people who suffer out-of-hospital cardiac arrests die. However, cardiopulmonary resuscitation, or CPR and AED deployment, especially if performed immediately, can double or triple a cardiac arrest victim’s chance of survival; and WHEREAS, hands-only CPR has been shown to be as effective as conventional CPR for cardiac arrest at home, at work or in public; and WHEREAS, hands-only CPR has just two easy steps. Step 1 - Call 911 if you see a teen or adult collapse. Step 2 - Push hard and fast in the center of their chest to the beat of a familiar song that has 100 to 120 beats per minute, such as “Stayin’ Alive” by the Bee Gees; and WHEREAS, Fort Collins is a designated Heart Safe Community; and WHEREAS, our citizens have access to critical life-saving technology in the free PulsePoint smartphone app and may receive hands-only CPR, AED and PulsePoint education through PFA. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim the week of June 1-7, 2020, as CPR AND AED AWARENESS WEEK in Fort Collins to recognize the life-saving impact that CPR and AEDs have throughout our community and globe. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 2nd day of June, A.D. 2020 __________________________________ ATTEST: Mayor _________________________________ City Clerk Packet Pg. 12 PROCLAMACIÓN CONSIDERANDO QUE, Los datos de la Asociación Americana del Corazón muestran que se producen anualmente más de 356,000 paros cardíacos evaluados por servicios médicos de emergencia EMS fuera del hospital en los Estados Unidos; y CONSIDERANDO QUE, alrededor del 90 porciento de las personas que sufren un paro cardíaco fuera de un hospital mueren. Sin embargo, resucitación cardio-pulmonar o RCP y el despliege de un desfibrilador externo automático o DEA, especialmente si se efectua inmediatamente, pueden doblar o triplicar la probabilidad de una víctima para sobrevivir un paro cardíaco; y CONSIDERANDO QUE, se ha demostrado que la RCP usando sólo las manos es tan eficaz como la RCP convencional para los paros cardíacos en el hogar, en el trabajo o en público; y CONSIDERANDO QUE, sólo-manos RCP tiene tan sólo dos pasos fáciles. Paso 1 – Llame al 911 si ve un colapso en un adolescente o adulto. Paso 2 – Empuje fuerte y rápido en el centro del su pecho al ritmo de una canción familiar que tiene de 100 a 120 latidos por minuto, como "Stayin' Alive" de los Bee Gees; y CONSIDERANDO QUE, Fort Collins esta designada como una Comunidad de Corazón Seguro; y CONSIDERANDO QUE, nuestros ciudadanos tienen acceso gratis a tecnología crítica que salva vidas basada en la aplicación para teléfonos inteligentes PulsePoint y pueden recibir educación en RCP, DEA y PulsePoint a través del Departamento de Bomberos PFA. AHORA, POR CONSIGUIENTE, Yo, Wade Troxell, Alcalde de la Ciudad de Fort Collins, por la presente proclamo la semana de Junio 1 al 7 del 2020, como LA SEMANA DE CONCIENTIZACION DE RCP Y DEA en Fort Collins, para reconocer el impacto que la RCP y los DEA tienen para salvar vidas en toda nuestra comunidad y en el mundo. EN TESTIMONIO DE LO CUAL, he aquí para poner mi mano y el sello de la Ciudad de Fort Collins este día 2 de Junio, del 2020. __________________________________ CERTIFICA: Alcalde _________________________________ Jefe Secretario de la Ciudad a Packet Pg. 13 Attachment: Spanish Translation (9166 : Proclamation- CPR-AED Awareness) Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY June 2, 2020 City Council STAFF Delynn Coldiron, City Clerk SUBJECT Consideration and Approval of the Minutes of the May 5, 2020 Regular Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the May 5, 2020 Regular Council meeting. ATTACHMENTS 1. May 5, 2020 (PDF) 1 Packet Pg. 14 City of Fort Collins Page 491 May 5, 2020 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM (Secretary’s Note: Due to the COVID-19 crisis and state and local orders to remain safer at home and not gather, all Councilmembers, staff, and citizens attended the meeting remotely, via teleconference.) • ROLL CALL PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated the agenda has been amended to include motion language for a possible executive session related to the Montava development and adding Item No. 10, Emergency Ordinance No. 070, 2020 Approving Emergency Rules and Regulations Enacted by the City Manager Pursuant to the Local COVID-19 Emergency. He has determined that enforcement of violations of the Emergency Ordinance should be civil infractions rather than criminal misdemeanors. • STAFF REPORTS A. COVID-19 Update (staff: Jim Byrne) Tom Gonzales, Larimer County Public Health Director, discussed the daily indicators used as triggers in the COVID-19 response, including the number of positive cases, of which there are 422 in Larimer County with 19 deaths. There is currently an average of 8-12 positive cases per day and six long-term care facilities have had outbreaks. The spread of cases in long-term facilities has been slowed dramatically. Regarding major medical facilities, Mr. Gonzales stated the County's hospitals are currently treating 43 COVID-19 positive patients, which is down since the weekend. About 50% of the County's ICU beds and 54% of the County's ventilators are in use. Gonzales discussed the importance of face coverings for the protection of others and stated he is hopeful testing of asymptomatic individuals who have been in close contact with COVID-19 positive patients will soon be increased. Mayor Troxell discussed the importance of face coverings as more businesses begin to open and people begin to go out. Mr. Gonzales concurred and outlined the reasons for changing directives related to face coverings. The goal of some of these directives is to allow more freedoms and noted there will be no complete return to normal until a vaccine is developed. Councilmember Pignataro commended the work of Mr. Gonzales and his team and asked about the education piece related to facial coverings. Mr. Gonzales replied the County's Workforce Development Center has been working with businesses, including restaurants, to determine ways in which they can slowly reopen. Posters have been made for businesses that discuss social distancing, face coverings, and other regulations. 1.1 Packet Pg. 15 Attachment: May 5, 2020 (9169 : minutes-5/5) May 5, 2020 City of Fort Collins Page 492 Councilmember Cunniff asked if there is a timeline for when leading indicator statistics will be available. Mr. Gonzales replied those statistics will be critical and noted positive cases have frequently had far fewer close encounters than previously due to the stay at home orders. His goal is to have the suppression plan and the early warning indicators to hospitals for review and approval by early next week. Councilmember Summers asked if there is contact tracing occurring for individuals being admitted to hospitals. Mr. Gonzales replied individuals are placed into one of three categories upon admittance: high, medium, or low risk. Complete contact tracing and subsequent quarantine orders are done for high and most medium risk patients. Councilmember Gutowsky commended Mr. Gonzales on his work and communication. She stated there are obvious signs of improvements. Councilmember Summers asked if Fort Collins hospitals are still receiving patients from Weld County. Mr. Gonzales replied Loveland hospitals are receiving patients from Weld County and UC Health has informed him patients will come to either Medical Center of the Rockies or Poudre Valley Hospital if the Greeley hospital is full. Councilmember Summers asked if the place of residence is provided with hospital admissions numbers. Mr. Gonzales replied in the negative. City Manager Atteberry replied he would attempt to get that information from Kevin Unger. City Manager Atteberry discussed the mixed reactions of the community regarding face coverings and suggested Council use this opportunity to ask questions of Mr. Gonzales. Councilmember Pignataro asked about the differences between the County and City face covering requirements and which takes precedence. Councilmember Gutowsky requested clarification related to exceptions of wearing face coverings on property owned and operated by the federal and state governments. City Attorney Daggett replied the regulation does not require masks in those locations because of the questions about the City's authority to regulate the operation of federal and state facilities. It does not prohibit the use of face coverings in those locations, but rather exempts those locations from the City's effort to provide regulation. Honore Depew, Policy and Project Manager, discussed the overall scope of the face covering regulation noting the City order is a bit more strict because of the number of businesses wherein face coverings are required. The City is requiring face coverings of children 10 and older whereas the County is ages 2 and older. There are medical condition exemptions in both orders and signage requirements for businesses in the City order. The City order is based on an education first compliance technique and is meant to layer upon all other guidelines from health professionals. Mayor Troxell spoke in support of facial coverings noting it enables more businesses to open. He supported educational versus punitive enforcement of the regulation. City Manager Atteberry stated requiring face coverings now will hopefully lead to more freedoms sooner. 1.1 Packet Pg. 16 Attachment: May 5, 2020 (9169 : minutes-5/5) May 5, 2020 City of Fort Collins Page 493 SeonAh Kendall, Senior Economic Manager, stated staff has been having conversations with businesses about how to reopen strongly and safely and face coverings are helpful in creating consumer confidence. She stated the Downtown Business Association has been doing a great job with educational materials for downtown businesses and noted regional work on messaging has also been done. Mayor Pro Tem Stephens supported the face covering requirement noting it is being done to help keep community members safe and to prevent hospitals from being overwhelmed. She noted the requirement is based on science, not to impinge on rights. Councilmember Summers discussed the importance of signage communicating why face coverings are being required. • PUBLIC COMMENT Martha Zook asked what is being done to educate and communicate with the Hispanic community regarding facial coverings and the Hughes Stadium rezoning. Mary Alice Grant expressed concern about the changes to the online platform for public participation, stating information about participants seems to be hidden whereas it was not previously. Stacy Lynne discussed the human waste issue that resulted from the City not providing enough toilets for the overflow camping area in the park adjacent to Northside Atzlan Center. There was a norovirus outbreak at the shelter that was caused by the City's failure to clean restrooms and provide suitable materials for hand drying. Eric Sutherland stated the City is not following its own laws and discussed City Charter language which he stated does not provide the City the authority to provide punitive enforcement. Rory Heath expressed support for face covering regulations and concurred with Ms. Zook's statements regarding education in Spanish. Lindsay Griffey agreed this platform does not offer appropriate access to public participation. She is not comfortable with legal mandates regarding facial coverings as there were studies years ago that show the ineffectiveness of fabric masks. She also noted the Larimer County Sherriff posted on his webpage that he does not agree with legally mandating face coverings. She asked about the mortality rate of COVID-19 patients who have no other co-morbidities. Rich Stave stated work has been done regarding the COVID-19 response and expressed concern about accessibility for remote meetings. He commented on the lack of a process associated with the disposition of real property, which is an asset of all citizens. Beth Waldee disagreed that citizens opposed to the facial covering mandate are not educated, rather there is a disagreement in the scientific community regarding their effectiveness. She asked about the approach for individuals with medical exemptions. Vernon (no last name provided) commended Council on its work and stated he will participate in the discussion regarding Item No. 10, Emergency Ordinance No. 070, 2020 Approving Emergency Rules and Regulations Enacted by the City Manager Pursuant to the Local COVID-19 Emergency. 1.1 Packet Pg. 17 Attachment: May 5, 2020 (9169 : minutes-5/5) May 5, 2020 City of Fort Collins Page 494 • PUBLIC COMMENT FOLLOW-UP Mayor Troxell summarized the citizen comments. City Attorney Daggett discussed the Charter provision that requires that legislative enactments and actions that create offenses that are subject to penalties be adopted by ordinance. There are specific Code provisions that, in emergency circumstances only, and in the event of a declared local emergency, give the City Manager limited power to put in place emergency actions that then are to be approved by the Council as quickly as possible. City Attorney Daggett discussed Mr. Sutherland's mention of Code Section 2-30 regarding the rights of members of the public to withdraw items from the Consent Agenda. She suggested an action for Council to take would be prudent should Council desire to move in the direction of allowing a broader ability to pull items from the Consent Agenda. Regarding Mr. Stave's questions about the disposition of property, City Attorney Daggett stated the City's procurement code does not apply to real property transactions. It is quite common for staff to utilize a competitive process to find out who may be interested in purchasing a property the City is attempting to dispense. Staff can make a conveyance if it is determined there is no significant impact to the City and Code requires Council adopt any of those dispositions of property by ordinance. City Manager Atteberry stated a normal process was utilized for the property dispensation mentioned by Mr. Stave and he would provide a memo to Council and Mr. Stave regarding the details. Honore Depew, Senior Project Manager, stated signage for businesses to post regarding facial coverings has been translated to Spanish and work is being done with the County to ensure consistency and alignment for all community members. The forfortcollins.com website includes a number of resources for businesses, including some readymade social media posts that are automatically translated to Spanish. Jackie Kozak-Thiel, Chief Sustainability Officer, stated the City's COVID-19, United Way, Larimer County, and CDC websites are able to translate into a few different languages including Spanish. The Poudre River Library District is offering weekly videos in Spanish and Poudre School District is using robocalls to families who may not have internet access in Spanish and Arabic. Additionally, the City has posted door-to-door flyers in Spanish for targeted neighborhoods. Councilmember Gorgol asked if the City's website can be translated on a phone. Kozak-Thiel replied in the affirmative. Councilmember Gorgol commended the work to get information out in Spanish. Mayor Pro Tem Stephens requested information related to Ms. Lynne's concerns. Beth Sowder, Social Sustainability Director, stated the Northside Atzlan Center was converted to a temporary shelter on March 19 and the restrooms inside the building are cleaned three times a day. All plumbing issues have been dealt with in a timely manner. The outdoor shelter area in the adjoining Heritage Park opened April 10 with two portable toilets and a dumpster. As the number of tents 1.1 Packet Pg. 18 Attachment: May 5, 2020 (9169 : minutes-5/5) May 5, 2020 City of Fort Collins Page 495 started to grow, additional portable toilets and dumpsters were added and emptied daily with the exception of weekends. There was one incident of full portable toilets on a weekend which was immediately addressed that Monday morning. Sowder stated stormwater personnel inspected along the Poudre River in response to a Colorado Department of Public Health and Environment complaint and found some trash and camps tagged for removalTthe area under the Linden Street bridge is being cleaned. Regarding showers, there are 53 slots daily, including 20 for women which do not require a lottery. There is a lottery system for men's showers. Hand washing stations with paper towels are available and hand washing is required for each individual prior to each meal. Councilmember Gorgol requested additional information related to registering for call-in public participation. Tyler Marr, Information and Employee Services Deputy Director, replied phone participants have been asked to call the City Clerk's Office ahead of time; however, staff is working on a process that will eliminate that step. • CONSENT CALENDAR Councilmember Summers withdrew Item No. 10, Emergency Ordinance No. 070, 2020 Approving Emergency Rules and Regulations Enacted by the City Manager Pursuant to the Local COVID- 19 Emergency, from the Consent Agenda. Councilmember Cunniff withdrew Item No. 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, from the Consent Agenda. Councilmember Gutowsky withdrew Item Nos. 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, and 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, from the Consent Agenda. Eric Sutherland withdrew Item No. 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, from the Consent Agenda. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Pignataro, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Julie Pignataro, District 2 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff 1. Consideration and Approval of the Minutes from the April 7, 2020 Regular Council Meeting and the April 14, 2020 Adjourned Council Meeting. (Adopted) 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. 1.1 Packet Pg. 19 Attachment: May 5, 2020 (9169 : minutes-5/5) May 5, 2020 City of Fort Collins Page 496 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. (Adopted) 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. 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. (Adopted) 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. (Adopted) 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. (Adopted) 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. 1.1 Packet Pg. 20 Attachment: May 5, 2020 (9169 : minutes-5/5) May 5, 2020 City of Fort Collins Page 497 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. (Adopted) 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. 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. (Adopted) 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. Resolution 2020-041 Authorizing the Mayor to Execute an Intergovernmental Agreement with Colorado State University for a Community Liaison Specialist. (Adopted) 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. 9. 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. (Adopted) 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. • END CONSENT 1.1 Packet Pg. 21 Attachment: May 5, 2020 (9169 : minutes-5/5) May 5, 2020 City of Fort Collins Page 498 • CONSENT CALENDAR FOLLOW-UP Councilmember Cunniff asked if the Finance Committee will have a discussion around policies regarding Item No. 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. City Manager Atteberry replied in the affirmative. • COUNCILMEMBER REPORTS Councilmember Gutwosky reported on her efforts to deliver cloth masks and bags of food to seniors in need with Senator Ginal. She also reported on a tour of the Northside Atzlan Center with Senator Ginal and noted the use of the facility is being studied by other cities as a model. She commended the work of Beth Sowder in this realm. Mayor Pro Tem Stephens reported on volunteering at the Food Bank and on the recent report from Neighbor to Neighbor indicating it helped 192 households with rent assistance last month. She reported on the face mask sewing operation at the Senior Center which is scheduled to close May 22. She stated “safe sew” sites are opening all over the state. Mayor Pro Tem Stephens reported on her first online listening session and announced the next one on May 16. Mayor Troxell reported he and Councilmember Cunniff attended the Platte River Power Authority Board meeting last week during which the distributed energy resources group was discussed. (Secretary's Note: The Council took a brief recess at this point in the meeting.) • CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 10. 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. (Adopted on First Reading) 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. Mayor Troxell noted this item includes a public hearing. 1.1 Packet Pg. 22 Attachment: May 5, 2020 (9169 : minutes-5/5) May 5, 2020 City of Fort Collins Page 499 Jim Bertolini, Historic Preservation Planner, stated this landmark designation is coming forward at the request of the property owner and is specifically coming before Council as landmark rehabilitation loans have been requested and they cannot be released until the landmark designation is in place. Bertolini outlined the historical and architectural significance of the property. Councilmember Gutowsky stated she pulled this item in order to highlight the work of Historic Preservation staff and the Landmark Preservation Commission. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt Ordinance No. 068, 2020, on First Reading. RESULT: ORDINANCE NO. 068, 2020, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff 11. 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. (Adopted on First Reading) 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. Mayor Troxell noted this item includes a public hearing. Jim Bertolini, Historic Preservation Planner, stated this landmark designation is coming forward at the request of the property owner and is specifically coming before Council as landmark rehabilitation loans have been requested and they cannot be released until the landmark designation is in place. Bertolini outlined the historical and architectural significance of the property. Councilmember Gutowsky stated she pulled this item in order to highlight the work of Historic Preservation staff and the Landmark Preservation Commission. Mayor Troxell asked about the lodge zoning designation of the property. Bertolini replied the property's zoning has gone back and forth between residential and fraternity/sorority uses, but it is currently a fraternity. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt Ordinance No. 069, 2020, on First Reading. 1.1 Packet Pg. 23 Attachment: May 5, 2020 (9169 : minutes-5/5) May 5, 2020 City of Fort Collins Page 500 RESULT: ORDINANCE NO. 069, 2020, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff 12. Emergency Ordinance No. 070, 2020 Approving Emergency Rules and Regulations Enacted by the City Manager Pursuant to the Local COVID-19 Emergency. (Adopted as Amended) 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. City Manager Atteberry briefly discussed Sheriff Smith's social media comments, noting the City has relied on public health officials for its knowledge. He stated the Sheriff's opinion does not match with his as the City's Chief Policy Advisor. He discussed the enforcement of violations of Emergency Regulation No. 2020-015 and noted treating those violations as civil infractions rather than criminal misdemeanors will better serve the purposes of the Regulation and further its effectiveness. City Attorney Daggett stated this Ordinance approves three Emergency Regulations, one related to facial coverings, one related to contractor licensing, and one related to continued use of the Community Christ Church as a seasonal overflow shelter. The Code provision that authorizes the City Manager to establish these Emergency Regulations provides that violations thereof are punishable as criminal misdemeanors. With respect to the facial covering regulation, staff has determined violations should be civil infractions rather than criminal misdemeanors. Beth Waldee expressed concern people are not abiding by these specific criteria for wearing a mask effectively. Masks are immediately contaminated once touched or pulled down and are ineffective once moistened by breath. She questioned how the City plans to educate everyone noting individuals with medical exemptions do not have to disclose that information and should not be subject to harassment. Eric Sutherland stated the City Manager does not have the authority to issue a regulation the violation of which would result in a misdemeanor penalty. That purview lies solely with the Council. Vernon (no last name given) expressed concern the facial covering regulation has induced more fear, particularly when individuals who are exercising outdoors are wearing them. Mayor Troxell clarified the facial covering regulation applies to businesses, not during outdoor exercise. It involves a shared mutual responsibility for limiting the virus spread from asymptomatic individuals. Councilmember Summers stated this regulation will help get people back into circulation as much as possible and will help protect workers. His primary care physician told him having a facial covering mandate that is punishable by law has no basis in science. He also noted the World Health Organization's protocols on how to safely and effectively wear a mask are extensive. 1.1 Packet Pg. 24 Attachment: May 5, 2020 (9169 : minutes-5/5) May 5, 2020 City of Fort Collins Page 501 Councilmember Summers noted the Colorado Retail Council expressed concern about requiring retailers to enforce the order. He also noted the City is not monitoring whether other regulations are being followed, such as the use of hand sanitizer and hand washing. He opposed the use of a reporting mechanism for violations. Councilmember Cunniff discussed research showing cloth masks are ineffective for healthcare workers who are frequently exposed to large viral loads; however, there has been a recent study showing a net protective effect for people if asymptomatic individuals are wearing facial coverings. He agreed a criminal misdemeanor punishment is not appropriate and suggested removing penalties for business owners or employees who may not want to confront customers. Mayor Troxell again clarified the facial covering regulation applies to businesses, not during outdoor exercise. He concurred with Councilmember Cunniff's suggestion and stated he is fully supportive of violations not being criminal misdemeanors. He asked about the plan for enforcement. City Manager Atteberry replied he does not expect the enforcement to place a significant burden on Police Services and stated education and information will be utilized. Honore Depew, Senior Project Manager, stated compliance through education has always been the goal of this order and enforcement would come from complaints. He stated multiple complaints against a business would result in Code Compliance Officers, with the support of Economic Health staff, initiating a conversation with the business to determine barriers to implementation. Businesses are to notify the public about the order but are not intended to be the enforcers of the regulation. He noted many businesses have reached out indicating a desire to protect the health and safety of their workers and this regulation provides a tool for that. City Manager Atteberry noted business would not have that tool without the passage of this Order. Councilmember Summers stated businesses should not be able to threaten to call police to have customers cited. City Manager Atteberry replied no one is being encouraged to call police. City Attorney Daggett stated business owners can call police to cite non-compliant individuals who refuse to leave with trespass. Councilmember Cunniff stated the current language goes beyond providing tools and ends up as a mandate on businesses. He asked how Council could practically modify the City Manager's order. City Attorney Daggett replied this order is intended to impose an obligation on business owners and stated there is little experience with modifying these regulations; however, from a process standpoint, the appropriate action would be for Council to modify the regulation in the course of adopting this ordinance. A revised regulation would then be published. Councilmember Summers asked why a resolution could not be adopted. City Attorney Daggett replied Council could adopt a resolution stating an intent to encourage people to wear facial coverings rather than have a regulation that imposes legal obligations. She noted that would require Council to remove this regulation from the ordinance which would make the regulation no longer in effect. Councilmember Pignataro stated she would be supportive of amending the ordinance to remove the facial covering regulations and allow for staff to return next week with a resolution. 1.1 Packet Pg. 25 Attachment: May 5, 2020 (9169 : minutes-5/5) May 5, 2020 City of Fort Collins Page 502 City Attorney Daggett clarified the three actions that are part of the ordinance: Emergency Regulation No. 2020-013 deals with relaxing contractor licensing examination requirements as examinations are not being administered right now, Emergency Regulation No. 2020-014 allows the continued use of the Community Christ Church at 220 East Oak Street as a seasonal overflow shelter after the end of April, and the face covering Emergency Regulation No. 2020-015. Councilmember Gorgol asked if the County requires businesses to display signage related to facial coverings or ask individuals not wearing face coverings to leave. City Attorney Daggett replied in the negative. Councilmember Gorgol stated requiring a business to have a non-compliant individual removed protects other individuals in the store. She expressed concern that just having an advisory resolution would not meet the City's intent. Councilmember Cunniff agreed with Councilmember Gorgol that there should be a requirement for posting signage, which would require an ordinance. He would prefer to not have a provision requiring business owners to enforce the regulation by being subject to a penalty if a non-compliant individual refused to leave the property. He would be comfortable taking the facial covering regulation out of the ordinance as the County order still exists but stated he would prefer it come back as an ordinance rather than a resolution. City Manager Atteberry expressed concern that essentially tabling this item may create more confusion. He asked if modifications could be made to the regulation this evening to address Council's concerns. City Attorney Daggett replied that could likely be done with some time to make appropriate edits. Mayor Troxell asked about the time limits for emergency ordinances. City Attorney Daggett replied the emergency regulations are only for the life of the local declared emergency. They can also be withdrawn or terminated. The current regulations do not have built-in end dates, though that could be changed. Mayor Troxell stated the regulations should be tied to effectiveness and therefore evaluated in some sense. City Manager Atteberry noted the County's order has a date certain of May 30 and it does not speak to specific outcomes. Councilmember Gutowsky supported amending the existing emergency ordinance to replace the criminal misdemeanor punishment with a civil citation. Mayor Pro Tem Stephens agreed with Councilmember Gutowsky and stated it sends a mixed message if the regulation is pulled. Councilmember Cunniff also supported moving forward with amendments this evening and stated it is important to have specific city requirements. Councilmember Pignataro discussed the importance of ensuring this is dealt with thoroughly. 1.1 Packet Pg. 26 Attachment: May 5, 2020 (9169 : minutes-5/5) May 5, 2020 City of Fort Collins Page 503 Councilmember Gorgol asked if businesses would still have the authority to ask people to leave. Councilmember Cunniff replied he would like the language to state that a person “may” be asked to leave the property. City Attorney Daggett outlined the suggested language amendments to the ordinance. Mayor Troxell discussed the importance of the educational aspect of this regulation and noted the community tends to be very responsive to requests such as this because of the impacts on others. Councilmember Gutowsky discussed the importance of education focusing on the need for masks to protect others, not the wearers themselves. Councilmember Cunniff disagreed it is unconstitutional to have a regulation such as this, noting clothing of other types is required in public. Councilmember Summers asked if social distancing regulations will also be included as it may be more important than masks. City Attorney Daggett replied staff would be unable to write language requiring social distancing on the fly and noted the state order already requires social distancing. Councilmember Summers asked if state and county regulations already discuss masks. City Attorney Daggett replied in the affirmative. Councilmember Summers questioned why there would then be confusion on the policy if Council does not act on this issue at this meeting. City Attorney Daggett discussed the trespass citation section of the Code noting it is commonly used to deal with issues on private property. She would prefer to leave it to stand on its own without any specific action related to this item. She presented some language revisions to Section 10 of the ordinance. Councilmember Cunniff supported the language changes. Mayor Troxell supported the language changes but requested some type of evaluation period. Councilmember Cunniff suggested using the County's deadline and evaluating at that time. City Manager Atteberry replied that would give the City and County both the opportunity to collaborate on their assessment. Mayor Pro Tem Stephens supported the proposal and suggested the County could collaborate further with the municipalities to eliminate discrepancies. She stated there is no reason to suggest the City cannot provide laws for the protection of residents' health. She noted this is not a criminal offense and reiterated there are many asymptomatic carriers. City Attorney Daggett reviewed the revisions to the regulation and stated they will require some changes to the ordinance itself, primarily in modifying the reference to the title of the regulation. Councilmember Cunniff commended the changes and staff work. Mayor Troxell discussed the importance of building confidence in people having additional engagement while still remaining safe. 1.1 Packet Pg. 27 Attachment: May 5, 2020 (9169 : minutes-5/5) May 5, 2020 City of Fort Collins Page 504 Councilmember Summers stated he remains concerned, but the language is an improvement. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt Emergency Ordinance No. 070, 2020, as amended. Mayor Pro Tem Stephens stated passing these regulations is the right thing to do for the protection of the community. Councilmember Cunniff supported the regulation and stated current science around COVID-19 specifically shows that having people wear masks indoors will yield better health outcomes. Mayor Troxell supported the regulation stating it helps to build confidence as business start to reopen. RESULT: EMERGENCY ORDINANCE NO. 070, 2020, ADOPTED AS AMENDED [6 TO 1] MOVER: Kristin Stephens, District 4 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff NAYS: Summers 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. (Adopted as Amended) 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. Councilmember Cunniff questioned the application and interview process for the joint City and County representative. Theresa Connor, Utilities Interim Executive Director, replied former Mayor Pro Tem Gerry Horak was the City representative and continuity of leadership was considered valuable given negotiations on modifications to a stormwater facility and system; therefore, he is set to remain. She has taken over the term of Martina Wilkinson who has been the joint appointee for the City and County. There was no interview panel for these appointments. Eric Sutherland discussed a notice his neighbor received regarding the Boxelder Stormwater Authority condemning the fee interest in her property near the Budweiser plant. He opposed the lack of a competitive process for these appointments. Councilmember Cunniff suggested postponement of the item to allow for discussions with the County regarding an interview process and timeline. Councilmember Pignataro stated she would like more information on the complete makeup of the Board and how members have been appointed in the past. City Attorney Daggett stated the intergovernmental agreement among the entities that created the Boxelder Stormwater Authority states that the City has an appointment and the City and County have a joint appointment. There has been variation over the years regarding who made the 1.1 Packet Pg. 28 Attachment: May 5, 2020 (9169 : minutes-5/5) May 5, 2020 City of Fort Collins Page 505 appointments and there is a Code provision that requires Council to take action if a Councilmember is appointed. City Manager Atteberry stated Council can appoint anyone to the position and noted there has been a plan, intergovernmental agreements, funding structures, and court proceedings involving the Authority over the years. He opposed Mr. Sutherland's comments that the Authority has not been well run. Connor clarified the joint City and County appointment previously held by Martina Wilkinson expired at the end of April and would therefore be vacant without an appointment being made. The County did approve the appointment of Gerry Horak. Mayor Troxell supported the appointment of Mr. Horak citing his guidance and leadership on the Board. He also supported the appointment of Ms. Connor citing her technical leadership. He noted these appointments were previously made by the City Manager and he views this Board as being different than other boards and commissions. Councilmember Cunniff stated he would like to see an appointment process for the joint City and County seat. He supported Ms. Connor's appointment but suggested directing the City Manager to engage with Larimer County to develop a process and timeline for interviewing and appointing the joint member. Councilmember Gutowsky agreed citing the “reimagining boards and commissions” process for increasing diversity on boards. City Manager Atteberry stated he would contact the County Manager regarding recruitment and an interview process. Councilmember Cunniff made a motion, seconded by Councilmember Gutowsky, to postpone consideration of this item until the conclusion of Item No. 15, Consideration of a Motion for Council to Authorize Remote Hearings for the Second Readings of Four Ordinances to Zone Four Previously Approved Annexations. Yeas: Gutowsky, Gorgol, Summers, Cunniff, Stephens, Troxell and Pignataro. Nays: none. THE MOTION CARRIED. (Secretary's Note: The Council considered Item No. 15, Consideration of a Motion for Council to Authorize Remote Hearings for the Second Readings of Four Ordinances to Zone Four Previously Approved Annexations, at this point in the meeting then resumed consideration of this item.) City Attorney Daggett provided the amendments to the Resolution language per the earlier discussion. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2020-044 as amended. 1.1 Packet Pg. 29 Attachment: May 5, 2020 (9169 : minutes-5/5) May 5, 2020 City of Fort Collins Page 506 Mayor Pro Tem Stephens stated this amendment does not insinuate Mr. Horak has done a poor job representing the City's interest on the Board; however, it is important to have an open process and for Council to be aware of the skill set needed moving forward. Mayor Troxell stated he was comfortable with Mr. Horak being the appointee and representing the City's interest and stated it is likely he will end up being the nominee given the criteria for the position. He stated he would not support the motion. Councilmember Gutowsky stated she would support the motion citing the importance of the process. City Manager Atteberry stated he will discuss this with the County Manager and aim to model this process after the Library District and other joint appointments. Councilmember Cunniff agreed with that suggestion. RESULT: RESOLUTION 2020-044 ADOPTED AS AMENDED [5 TO 2] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Pignataro, Gorgol, Gutowsky, Stephens, Cunniff NAYS: Summers, Troxell Motion to Suspend the Rules to Continue past 10:30 PM Councilmember Cunniff made a motion, seconded by Councilmember Pignataro, to suspend the rules to continue past 10:30 p.m. to consider the remaining agenda items, any other business that may come before Council, and the Electric Utility Enterprise Board meeting. Mayor Troxell stated the executive session will be postponed to next week. RESULT: ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Julie Pignataro, District 2 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff • DISCUSSION ITEMS 14. Consideration of a Motion for Council to Authorize Remote Hearings for the Second Readings of Four Ordinances to Zone Four Previously Approved Annexations. (Adopted) 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) 1.1 Packet Pg. 30 Attachment: May 5, 2020 (9169 : minutes-5/5) May 5, 2020 City of Fort Collins Page 507 • 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. Rebecca Everette, Building and Development Review Senior Manager, stated the purpose of this item is for Council to consider the authorization of remote hearings for four previously annexed properties within the City of Fort Collins. These zoning ordinances had been adopted on First Reading for all four properties and are awaiting Second Reading. Everette outlined the timeline for these annexations and noted there is a Colorado state statute requirement that initial zoning for annexed properties must be assigned within 90 days of the effective date of the annexation itself, which puts the timeframe at the end of May in these cases. Staff has found the Second Readings of these ordinances are pressing due to the state statutory timeframes and that remote technology would provide a sufficient opportunity for public participation as there have been multiple opportunities for public participation in hearings related to these items and in all cases the items have remained on Consent Agendas for both the Planning and Zoning Board and City Council. Councilmember Cunniff supported moving forward with the hearings for Second Reading remotely given the items have consistently been on Consent Agendas. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, 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 Nos. 029, 2020, 031, 2020, and 033, 2020, zoning the Timberline International Annexations 1-3, 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 limits of the zoning of annexations, and that the remote technology available for such hearings will provide sufficient public participation and input at such hearings. RESULT: MOTION ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff (Secretary's Note: The Council resumed consideration of Item No. 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, at this point in the meeting.) 15. Exception for Remote Hearing of Hughes Rezoning (Adopted as Amended) 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, 1.1 Packet Pg. 31 Attachment: May 5, 2020 (9169 : minutes-5/5) May 5, 2020 City of Fort Collins Page 508 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. Rebecca Everette, Building and Development Review Senior Manager, stated this item gives Council the option to consider authorization of a remote City Council hearing for the Hughes Stadium Annexation Rezoning. This item was adopted on First Reading in November and is awaiting Second Reading. She outlined the timeline of the various postponements of Second Reading and noted staff is not providing a recommendation on this item; however, she noted the Second Reading has been delayed multiple times, there has been extensive public outreach including multiple neighborhood meetings, Planning and Zoning Board hearings, and the First Reading hearing, and there is interest in completing the rezoning to provide a predictable path forward for potential redevelopment of the property. Mary Alice Grant discussed the importance of promises and commitments made when Residential Foothills zoning was first introduced and discussed the importance of in-person public participation for this item noting the community wants to be heard. She opposed allowing a remote meeting. Rory Heath requested this item be postponed to next week given the late hour. He noted Council is meeting remotely because of COVID-19 and all items considered should be of an emergency nature. Only after Council can meet in person should it consider non-emergency items such as the Hughes Stadium property rezoning. Beth Bee stated she has sent several emails regarding this topic and has only received responses from two Councilmembers. She has lived on West Stuart Street for 28 years and requested Council consider how this development will impact the quality of life for everyone who lives on the west side of town. Eric Sutherland suggested the citizen's rights of referendum should be considered stating they are impossible to exercise at the present time. Public participation on this topic has been extraordinarily one-sided and the majority should be able to exercise their right to the referendum. Patricia Babbitt expressed concern regarding the remote meeting technology noting past participation has brought forth full rooms of speakers. She opposed allowing consideration of the item remotely. Mayor Troxell asked if an in-person meeting could be accommodated with appropriate physical distancing, masks, and having less than ten people in the room at one time. City Manager Atteberry 1.1 Packet Pg. 32 Attachment: May 5, 2020 (9169 : minutes-5/5) May 5, 2020 City of Fort Collins Page 509 replied that has been discussed from both a technology standpoint and a spacing standpoint and staff believes it can be accommodated. Councilmember Cunniff stated this item is different because of the high level of community interest and he would support a hybrid type meeting as it would allow for the appropriate type of dialogue. He commented on the time occupied by dealing with remote technology. Mayor Pro Tem Stephens supported an in-person hybrid meeting as described. City Attorney Daggett stated this motion and action would not be necessary if all Councilmembers participating in the discussion were going to be present in Council Chambers; however, if one or more Councilmembers will be participating remotely, Council would need to make a finding as per Ordinance No. 061, 2020. City Manager Atteberry clarified staff has been envisioning a situation in which Councilmembers would all be present in Chambers and citizens would be allowed to participate either in person or remotely. Mayor Troxell questioned whether all Councilmembers would select to be present due to personal considerations. Councilmember Gutowsky opposed holding a solely remote meeting on the topic. Councilmember Gorgol stated she would support a hybrid meeting. Mayor Troxell discussed the importance of moving on with the business of the City. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, that the 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 the 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. Mayor Pro Tem Stephens stated she supports moving forward with this item given the multiple delays and the hybrid meeting format. Mayor Troxell asked if there had been any additional public comment received that was not included in the read-before packet. City Clerk Coldiron replied she received two items, one from Mary Alice Grant who read what she submitted during public participation earlier, and another from Annette Lynch who was opposed to having a remote meeting. Councilmember Pignataro stated she would not support the motion unless it is worded such that a hybrid meeting is considered. Councilmember Cunniff asked if the motion could be modified to require that a quorum of Council be present in Chambers. City Attorney Daggett replied the exception could be approved with that condition added to the motion language. 1.1 Packet Pg. 33 Attachment: May 5, 2020 (9169 : minutes-5/5) May 5, 2020 City of Fort Collins Page 510 Mayor Pro Tem Stephens and Councilmember Cunniff accepted adding language to the motion to require that a quorum of Council be present in Chambers. Councilmember Pignataro asked if adding that language automatically means that in-person public comment would be available. City Attorney Daggett stated language could be added to indicate that members of the public are allowed to attend the meeting in person. Mayor Pro Tem Stephens and Councilmember Summers accepted that language. Councilmember Gutowsky questioned the timing of the proposed hybrid meeting. Councilmember Summers stated he would like to see the item considered sooner than later as there would have been normal opportunity for public comment had the various early-on delays not occurred. Councilmember Gutowsky asked if having this meeting as a hybrid would automatically put an end to Council's remote meetings. City Attorney Daggett replied Ordinance No. 061, 2020 allows for remote participation during the local emergency on a meeting by meeting basis. Councilmember Gutowsky asked if this would then apply to a special meeting only for the Hughes item. City Attorney Daggett replied it would need to be a regular meeting as this is consideration of Second Reading. Mayor Pro Tem Stephens asked if the plan is to go forward with the meeting on May 19. City Attorney Daggett replied in the affirmative and stated that was the date to which the item was continued when it was last before Council; therefore, the item will either need to be continued again on the 19 th or the hearing will need to occur. City Attorney Daggett read the full motion with the newly inserted language that requires a quorum of Councilmembers being physically present in Council Chambers and provides for members of the public being able to comment on the item in person. Councilmember Cunniff stated he would support the motion but requested a follow-up memo regarding options should citizens want to petition this decision. He would like information as to timelines and practicalities related to the Code and Charter. RESULT: MOTION ADOPTED AS AMENDED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ken Summers, District 3 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff • CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 16. 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. (Adopted) 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 1.1 Packet Pg. 34 Attachment: May 5, 2020 (9169 : minutes-5/5) May 5, 2020 City of Fort Collins Page 511 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. Josh Birks, Economic Sustainability Director, stated the City's metro district policy requires that each district that is approved by Council execute an intergovernmental agreement with the City. The intergovernmental agreements grant the City contractual remedies to enforce requirements and limitations of the approved service plans. The remedies go farther than statutory remedies and are part of the City's policy. Birks stated this action would allow the City Manager to sign the intergovernmental agreements for currently approved service plans. Eric Sutherland stated the agenda item summary makes it appear this item deals with five different groupings of metropolitan districts. He questioned whether each individual metro district has its own intergovernmental agreement or whether they are addressed in groups. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt Resolution 2020-045. Mayor Troxell requested staff address Mr. Sutherland's question. Birks replied the intergovernmental agreements incorporate the approved service plans, which are approved as consolidated service plans to serve the number of districts that are included. City Attorney Daggett stated the intergovernmental agreements are being executed in the form that they were provided when approved as part of the service plans. She assured Council that this method of consolidating districts is very common. RESULT: RESOLUTION 2020-045 ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ken Summers, District 3 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 Summers, that Council recess this regular meeting to conduct the Electric Utility Enterprise Board meeting, then resume later this evening upon the completion of that Enterprise Board meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ken Summers, District 3 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff 1.1 Packet Pg. 35 Attachment: May 5, 2020 (9169 : minutes-5/5) May 5, 2020 City of Fort Collins Page 512 Councilmember Gorgol asked about a memo from City Manager Atteberry related to internet service at mobile home parks. City Manager Atteberry replied he has had a conversation with the Poudre School District Superintendent regarding more sustainable options for connectivity for school children particularly if students are not able to return to school in the fall. He noted the District will not likely have a great deal of capital funding to put into solutions. Colman Keane, Broadband Executive Director, stated mobile home parks are tough environments to build out networks and his cost estimates are very preliminary. City Manager Atteberry stated Connexion and Poudre School District staff will be meeting regarding the needs and possible solutions. Councilmember Gorgol asked how the City is enforcing Governor Polis’ no eviction and no collection of late fees executive order. City Attorney Daggett replied the City is waiting for additional information from the state, but an effort is underway to attempt to provide more updated and helpful information for Fort Collins residents. Councilmember Gorgol expressed concern about the length of time any complaint would take to go through the state process. • ADJOURNMENT Consideration of a motion to adjourn to 6:00 p.m., Tuesday, May 12, 2020. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff The meeting adjourned at 11:57 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.1 Packet Pg. 36 Attachment: May 5, 2020 (9169 : minutes-5/5) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY June 2, 2020 City Council STAFF Tracy Dyer, Engineering Project Manager Claire Havelda, Legal SUBJECT Second Reading of Ordinance No. 071, 2020, Making Supplemental Appropriations for the College Avenue- Trilby Road Intersection Improvements Project. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priorities for being on the Council agenda: • Priority 6 - Items that relate to funding, operation and business activities that the city must continue despite the current crisis. • Priority 7 - Items that are required to comply with federal or state legal or other requirements. This Ordinance, unanimously adopted on First Reading on May 19, 2020, appropriates state and federal funded grants: • from the Highway Safety Improvement Program (HSIP) for safety related improvements ($2,250,000), • Congestion, Mitigation and Air Quality Improvements (CMAQ) program ($387,371) and the • Funding Advancements for Surface Transportation & Economic Recovery (FASTER) ($1,500,000) for the College Avenue and Trilby Road Intersection Project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 19, 2020 (w/o attachments) (PDF) 2. Ordinance No. 071, 2020 (PDF) 2 Packet Pg. 37 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY May 19, 2020 City Council STAFF Tracy Dyer, Engineering Project Manager Claire Havelda, Legal SUBJECT Items Relating to the College Avenue/Trilby Road Intersection Improvements Project. EXECUTIVE SUMMARY A. Resolution 2020-046 Approving the Intergovernmental Agreement with the Colorado Department of Transportation for Road Intersection Improvements - College Avenue-Trilby Road. B. First Reading of Ordinance No. 071, 2020, Making Supplemental Appropriations for the College Avenue- Trilby Road Intersection Improvements Project. This item meets the following COVID-19 emergency priorities for being on the Council agenda: Priority 6 - Items that relate to funding, operation and business activities that the city must continue despite the current crisis. Priority 7 - Items that are required to comply with federal or state legal or other requirements. The purpose of this item is to authorize the Mayor to sign an intergovernmental agreement (IGA) between the City and the Colorado Department of Transportation (CDOT) to accept previously awarded federal grants needed for the design, right-of-way acquisition and construction of necessary improvements to the College Avenue and Trilby Road intersection. Ordinance No. 071, 2020 will appropriate the following state and federal funded grants: Highway Safety Improvement Program (HSIP) for safety related improvements ($2,250,000) Congestion, Mitigation and Air Quality Improvements (CMAQ) program ($387,371) Funding Advancements for Surface Transportation & Economic Recovery (FASTER) ($1,500,000) STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION College Avenue and Trilby Road intersection is currently the City’s highest priority intersection in terms of safety and operational efficiency, according to the Arterial Intersection Prioritization Study (AIPS). The initial 2010/11 AIPS identified the intersection as being a higher priority intersection at that time. With the completion of the intersections of higher priority in recent years, College Avenue and Trilby Road has now moved into the number one position. The intersection requires improvements to enhance safety and basic arterial/arterial road infrastructure which includes turn lanes, pedestrian facilities and adequate set-back of utilities. The Project will include multi-modal facility improvements in order to create a safer and more efficient intersection for all types of users. Single left turn lanes currently exist for northbound and southbound traffic. Additionally, the Project may ATTACHMENT 1 2.1 Packet Pg. 38 Attachment: First Reading Agenda Item Summary, May 19, 2020 (w/o attachments) (9159 : SR 071 College Ave-Trilby) Agenda Item 12 Item # 12 Page 2 include right turn lanes, multi-modal improvements, median and landscaping improvements, and pedestrian improvements. The project is being viewed as a total reconstruction. Improve safety for vehicles, bicycle, pedestrian and other multi-modal travel Install standard lane configurations for all lane movements / directions of travel Reduce congestion for vehicle travel Upgrade the intersection to current Americans with Disabilities Act (ADA) standards. CITY FINANCIAL IMPACTS The following is a summary of the project funding: Prior Appropriated Funds Prior Appropriated TCEF Funds $598,680 Prior Appropriated Transportation Funds $1,320 Total Prior Appropriations $600,000 Funds to be Appropriated with this Action HSIP (Highway Safety Improvement Program) $2,250,000 FASTER (Funding Advancements for Surface Transportation & Economic Recovery) $1,500,000 CMAQ (Congestion, Mitigation and Air Quality Improvements Program) $387,371 Total this Appropriation $4,137,371 Future Funding Dedicated to Project Arterial Intersection CCIP Funds - 2021 $400,000 Arterial Intersection CCIP Funds - 2022 $400,000 Total Current Project Budget $5,537,371 Grant Award Amount Local Match Required (previously appropriated) HSIP $2,250,000 $0 FASTER $1,500,000 $0 CMAQ $387,371 $80,525 Total $4,137,371 $80,525 No additional local funds will be required for this appropriation. The prior appropriations serve as sufficient local match. All grant revenue and expenses will be added to the existing project budget within the Capital Projects fund. Prior appropriations included the required contributions for Art in Public Places under Fort Collins Municipal Code. The funds to be appropriated with this action may not be used for the Art in Public Places purpose, so no additional contribution is required in connection with this appropriation pursuant to the Fort Collins Municipal Code. BOARD / COMMISSION RECOMMENDATION As this project is currently getting underway, staff will provide updates and check-ins with applicable boards and commissions during the design and construction phases of the project. 2.1 Packet Pg. 39 Attachment: First Reading Agenda Item Summary, May 19, 2020 (w/o attachments) (9159 : SR 071 College Ave-Trilby) Agenda Item 12 Item # 12 Page 3 PUBLIC OUTREACH For the reasons above, staff has scoped public meetings and proactive outreach with interested stakeholders, both immediate to the Project footprint and beyond. This effort is expected to occur during design as well as construction. ATTACHMENTS 1. Location Map (PDF) 2.1 Packet Pg. 40 Attachment: First Reading Agenda Item Summary, May 19, 2020 (w/o attachments) (9159 : SR 071 College Ave-Trilby) -1- ORDINANCE NO. 071, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE COLLEGE AVENUE-TRILBY ROAD INTERSECTION IMPROVEMENTS PROJECT WHEREAS, according to the Arterial Intersection Prioritization Study (AIPS), College and Trilby Road intersection (the “Intersection”) is currently Fort Collins’ highest priority intersection in terms of safety and operational efficiency; and WHEREAS, the Intersection requires modifications to enhance safety and install basic arterial road infrastructure; and WHEREAS, improvement of this intersection (the “Project”) will include multi-modal facility improvements for safety of vehicles, bicycles, pedestrians and other multi-modal travel; installation of standard lane configurations for all lane movements/directions of travel; reduction of congestion for vehicle travel; and upgrading of the intersection to current American with Disability Act Standards; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of increasing safety on City roads; and WHEREAS, the funding for the Project comes from the following unanticipated grant revenue: a) Highway Safety Improvement Program Funds ($2,250,000); b) Congestion, Mitigation and Air Quality Improvements Program Funds ($387,371); and c) Funding Advancements for Surface Transportation & Economic Recovery Funds ($1,500,000); and WHEREAS, no additional local funds will be required for this appropriation as prior appropriations (Transportation Capitol Expansion Fee Program funds of $598,680 and the Transportation Funds of $1,320), were sufficient to serve as the local match; 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 Capital Projects Fund and will not cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, the project funds being appropriated here are ineligible for public art purposes, as Section 23-304 of the City Code otherwise requires, due to grant restriction on the use of the funds; and 2.2 Packet Pg. 41 Attachment: Ordinance No. 071, 2020 (9159 : SR 071 College Ave-Trilby) -2- WHEREAS, the project funds previously appropriated, $598,680 from the Transportation Capital Expansion Fee Fund and $1,320 from the Transportation Fund, included the required contribution to the Art in Public Places program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from unanticipated grant revenue in the Capital Projects Fund the sum of FOUR MILLION ONE HUNDRED THIRTY-SEVEN THOUSAND THREE HUNDRED SEVENTY-ONE DOLLARS ($4,137,371) for expenditure from the Capital Projects Fund for the College Avenue-Trilby Road Intersection Improvements Project. Introduced, considered favorably on first reading, and ordered published this 19th day of May, A.D. 2020, and to be presented for final passage on the 2nd day of June, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 2nd day of June, A.D. 2020 __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 42 Attachment: Ordinance No. 071, 2020 (9159 : SR 071 College Ave-Trilby) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY June 2, 2020 City Council STAFF Honore Depew, Interim Policy and Project Manager Bronwyn Scurlock, Legal SUBJECT Second Reading of Ordinance No. 072, 2020, Relating to the Extraction of Hemp within Dwellings. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priority for being on the Council agenda: • Priority 7 - Items that are required to comply with federal or state legal or other requirements. This item is required in order to comply with state law allowing the cultivation, extraction, processing, and manufacturing of industrial hemp and industrial hemp products, and the International Fire Code which permits and regulates the extraction of hemp. This Ordinance, unanimously adopted on First Reading on May 19, 2020, amends Article XII, Chapter 12 of the City Code as it relates to the extraction of industrial hemp to clarify that the prohibition on the use of inherently hazardous substances in the extraction process only applies to dwellings, not to commercial businesses. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 19, 2020 (w/o attachments) (PDF) 2. Ordinance No. 072, 2020 (PDF) 3 Packet Pg. 43 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY May 19, 2020 City Council STAFF Honore Depew, Interim Policy and Project Manager Bronwyn Scurlock, Legal SUBJECT First Reading of Ordinance No. 072, 2020, Relating to the Extraction of Hemp within Dwellings. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priority for being on the Council agenda: Priority 7 - Items that are required to comply with federal or state legal or other requirements. This item is required in order to comply with state law allowing the cultivation, extraction, processing, and manufacturing of industrial hemp and industrial hemp products, and the Uniform Fire Code which permits and regulates the extraction of hemp. The purpose of this item is to amend Article XII, Chapter 12 of the City Code as it relates to the extraction of industrial hemp to clarify that the prohibition on the use of inherently hazardous substances in the extraction process only applies to dwellings, not to commercial businesses. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In September 2019, Council adopted Ordinance No. 103, 2019, adding a new Article XII to Chapter 12 of the City Code relating to the cultivation and extraction of industrial hemp. The purpose of the new article was to regulate the personal cultivation of hemp within the City in the same manner that marijuana cultivation is regulated. The Ordinance also included a section making it unlawful to use inherently hazardous substances in the extraction of hemp to protect the health, safety and welfare of the inhabitants of the City by completely prohibiting the extraction of hemp in residential settings. Recently, staff and the Poudre Fire Authority have received several inquiries regarding the establishment of hemp extraction businesses in the City. It became apparent that the provision added to Chapter 12 regarding the extraction of hemp did not only apply to dwelling units, thereby unintentionally restricting commercial hemp extraction businesses that are otherwise in compliance with the provisions of the International Fire Code and State law. This amendment is necessary in order for Poudre Fire Authority to proceed with investigating and permitting commercial hemp extraction businesses. 3.1 Packet Pg. 44 Attachment: First Reading Agenda Item Summary, May 19, 2020 (w/o attachments) (9158 : SR 072 Hemp Extraction) Agenda Item 13 Item # 13 Page 2 Relationship to Marijuana Although hemp and marijuana are both derived from the cannabis plant, by definition hemp contains less than 0.3% THC (the psychoactive component in marijuana). Hemp is considered an agricultural crop, legal under state and federal law. This ordinance does not amend any zoning designations. Extraction of hemp is considered light industrial, similar to the extraction of essential oils (like lavender). 3.1 Packet Pg. 45 Attachment: First Reading Agenda Item Summary, May 19, 2020 (w/o attachments) (9158 : SR 072 Hemp Extraction) -1- ORDINANCE NO. 072, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS RELATING TO THE EXTRACTION OF HEMP WITHIN DWELLINGS WHEREAS, in 2019, the Colorado General Assembly adopted SB19-240 authorizing local governments to adopt ordinances regulating the storage, extraction, processing, or manufacturing of industrial hemp or industrial hemp products; and WHEREAS, Ordinance No. 103, 2019, added a new Article XII to Chapter 12 of the City Code relating to the cultivation and extraction of hemp; and WHEREAS, within that Ordinance, staff recommended locally prohibiting hemp extractions to protect the health, safety and welfare of the inhabitants of Fort Collins in a manner consistent with the laws of the State; and WHEREAS, staff has recently received several requests for hemp extraction businesses to operate within the City; and WHEREAS, as adopted, Article XII, Chapter 12 of the City Code prohibits the use of inherently hazardous substances in the extraction of hemp anywhere in the City; and WHEREAS, these provisions were not intended to prohibit extractions in commercial businesses; and WHEREAS, the provisions of Article XII, Chapter 12 are currently preventing commercial businesses from receiving necessary approval from the Poudre Fire Authority to operate; and WHEREAS, staff recommends amending the Code so as to allow commercial hemp extractions while continuing to prohibit extractions using hazardous substances in residential dwelling units to protect the health, safety and welfare of the inhabitants of Fort Collins. 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 12-223 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 12-223. Use of inherently hazardous substances, alcohol, including ethanol for hemp extractions prohibited. It shall be unlawful for any person to knowingly use inherently hazardous substances, or alcohol, including ethanol, in the extraction of THC or other cannabinoids from hemp within any dwelling in the City. 3.2 Packet Pg. 46 Attachment: Ordinance No. 072, 2020 (9158 : SR 072 Hemp Extraction) -2- Introduced, considered favorably on first reading, and ordered published this 19th day of May, A.D. 2020, and to be presented for final passage on the 2nd day of June, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 2nd day of June, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.2 Packet Pg. 47 Attachment: Ordinance No. 072, 2020 (9158 : SR 072 Hemp Extraction) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY June 2, 2020 City Council STAFF David Myers, Land Conservation Manager Kyle Shook, Real Estate Senior Specialist Tawnya Ernst, Real Estate Specialist III Zoe Shark, Public Engagement Manager Ingrid Decker, Legal SUBJECT Second Reading of Ordinance No. 074, 2020, Authorizing the Conveyance of a Permanent Waterline Easement and a Temporary Construction Easement on Maxwell Natural Area to the Fort Collins Loveland Water District. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priorities for being on the Council agenda: • Priority 4 - Items that are substantially complete, have completed significant public process, and are ready for Council consideration. This Ordinance, unanimously adopted on May 19, 2020, authorizes the conveyance of a permanent waterline easement and a temporary construction easement to the Fort Collins Loveland Water District (FCLWD) on Maxwell Natural Area. The proposed easement area will traverse Maxwell Natural Area over a new alignment and vacate in-place a portion of the original waterline alignment presently held by FCLWD on the east side of the natural area. Replacing the existing failing waterline is crucial for water service to residents supplied by the waterline. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 19, 2020 (w/o attachments) (PDF) 2. Ordinance No. 074, 2020 (PDF) 4 Packet Pg. 48 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY May 19, 2020 City Council STAFF David Myers, Land Conservation Manager Kyle Shook, Real Estate Senior Specialist Zoe Shark, Public Engagement Manager Tawnya Ernst, Real Estate Specialist III Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 074, 2020, Authorizing the Conveyance of a Permanent Waterline Easement and a Temporary Construction Easement on Maxwell Natural Area to the Fort Collins Loveland Water District. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priorities for being on the Council agenda: Priority 4 - Items that are substantially complete, have completed significant public process, and are ready for Council consideration. The purpose of this item is to authorize the conveyance of a permanent waterline easement and a temporary construction easement to the Fort Collins Loveland Water District (FCLWD) on Maxwell Natural Area. The proposed easement area will traverse Maxwell Natural Area over a new alignment and vacate in-place a portion of the original waterline alignment presently held by FCLWD on the east side of the natural area. Replacing the existing failing waterline is crucial for water service to residents supplied by the waterline. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Maxwell Natural Area is a 344-acre foothill natural area situated near Horsetooth Reservoir, north of South County Road 23 and west of the Ponds at Overland Park Subdivision. Fort Collins-Loveland Water District (FCLWD) owns a one-acre inholding within the Natural Area that contains a water storage tank that supplies its customers in the immediate area. FCLWD approached Natural Areas staff in January 2019 requesting an easement to install a 20-inch waterline through a portion of the Maxwell Natural Area to tie into an existing waterline within the Ponds at Overland Park Subdivision. This waterline easement will replace an existing 16 inch steel waterline that has failed due to age. The original waterline was installed in 1973 prior to the development of the adjacent neighborhood and acquisition of the Natural Area. The steel waterline has severe corrosion due to rust and is failing with multiple breaks over the past year. At a preliminary meeting in January 2019, FCLWD explained to Natural Areas staff the nearly impossible challenge of replacing the waterline in its original location. FCLWD team worked with Natural Areas staff to create the proposed alignment that will serve the needs of FCLWD and minimize impacts to habitat and visitor experience on Maxwell Natural Area. The new alignment will allow access for future maintenance using existing roads (Attachment 1). ATTACHMENT 1 4.1 Packet Pg. 49 Attachment: First Reading Agenda Item Summary, May 19, 2020 (w/o attachments) (9161 : SR 074 Maxwell Natural Area Easements) Agenda Item 15 Item # 15 Page 2 Once construction is complete and the new waterline is operational, FCLWD will vacate the original easement. The 20-foot wide permanent easement covers 0.857 acres (37,340 square feet) and the temporary construction easement crosses 1.286 acres (56,003 square feet) of the natural area. Environmental Impact Minimal environmental impact is anticipated because the site is mostly smooth brome and other non-native species. The areas of Maxwell Natural Area with significant native habitat will not be affected. Visitor use will be slightly affected in the area; however, the heavily used main trails will not be affected. CITY FINANCIAL IMPACTS In accordance with Sec. 23-114 of the Municipal Code, any conveyance of City real property must be for an amount equal to or greater than the fair market value. The estimated market value of the City’s ownership in the requested easements is as follows: $2,576 per year for the temporary construction easement and $8,588 for the permanent easement plus a $3,858 restoration fee ($3,000 per acre for approximately 1.286 acres of disturbance). The easement fees are based on 100% of the per acre full fair market value of the natural area. FCLWD will pay all fees associated with this project prior to recording of the easement. BOARD / COMMISSION RECOMMENDATION At its November 19, 2019, meeting, the Land Conservation Stewardship Board voted unanimously to recommend City Council approve the conveyance of the waterline easement to Fort Collins Loveland Water District. (Attachment 2) ATTACHMENTS 1. Project Location Map (PDF) 2. Land Conservation and Stewardship Minutes - November 19, 2019 (PDF) 4.1 Packet Pg. 50 Attachment: First Reading Agenda Item Summary, May 19, 2020 (w/o attachments) (9161 : SR 074 Maxwell Natural Area Easements) -1- ORDINANCE NO. 074, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERMANENT WATERLINE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ON MAXWELL NATURAL AREA TO THE FORT COLLINS LOVELAND WATER DISTRICT WHEREAS, the City is the owner of a parcel of land near Horsetooth Reservoir north of South County Road 23 known as Maxwell Natural Area (the “City Property”); and WHEREAS, the Fort Collins Loveland Water District (“District”) owns a one-acre inholding within the City Property that contains a water storage tank supplying District customers in the immediate area; and WHEREAS, the District also owns a 16” steel waterline in an easement on the City Property that connects to its water tank; and WHEREAS, the District needs to replace the 16” waterline, which is failing, with a new 20” waterline, and has requested an easement on the City Property to install the new line because it would be nearly impossible to replace the old waterline in the same location; and WHEREAS, the location of the new easement is shown and described on Exhibit “A”, attached and incorporated herein by reference (the “Easement”); and WHEREAS, the District is also requesting a temporary construction easement to allow construction of the new pipeline, as shown and described on Exhibit “B”, attached and incorporated herein by reference (the “TCE”); and WHEREAS, the District will pay the City fair market value of $2,576/year for the TCE and $8,588 for the Easement, plus a $3,858.00 restoration fee ($3,000/acre for approximately 1.286 acres of disturbance); and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interests in real property owned by the City, provided the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City; and WHEREAS, at its regular meeting on November 19, 2019, the Land Conservation and Stewardship Board voted to recommend City Council approve the conveyance of the Easement. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the conveyance of the Easement and TCE to the District as provided herein is in the best interests of the City. 4.2 Packet Pg. 51 Attachment: Ordinance No. 074, 2020 (9161 : SR 074 Maxwell Natural Area Easements) -2- Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easement and TCE to the District on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City or effectuate the purposes of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 19th day of May, A.D. 2020 and to be presented for final passage on the 2nd day of June, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 2nd day of June, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk 4.2 Packet Pg. 52 Attachment: Ordinance No. 074, 2020 (9161 : SR 074 Maxwell Natural Area Easements) 4.2 Attachment: Ordinance No. 074, 2020 (9161 : SR 074 Maxwell Natural Area Easements) 4.2 Attachment: Ordinance No. 074, 2020 (9161 : SR 074 Maxwell Natural Area Easements) A 4.2 Attachment: Ordinance No. 074, 2020 (9161 : SR 074 Maxwell Natural Area Easements) A 4.2 Attachment: Ordinance No. 074, 2020 (9161 : SR 074 Maxwell Natural Area Easements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ttachment: Ordinance No. 074, 2020 (9161 : SR 074 Maxwell Natural Area Easements) B 4.2 Attachment: Ordinance No. 074, 2020 (9161 : SR 074 Maxwell Natural Area Easements) B 4.2 Attachment: Ordinance No. 074, 2020 (9161 : SR 074 Maxwell Natural Area Easements) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY June 2, 2020 City Council STAFF Teresa Roche, Chief Human Resources Officer Jenny Lopez Filkins, Legal SUBJECT Second Reading of Ordinance No. 075, 2020, Amending Section 2-606 of the Code of the City of Fort Collins and Setting the Salary of the Chief Judge. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priorities for being on the Council agenda: • Priority 5 - Items that must move forward based on a Council directed timeline, i.e., completion of a pilot project or the end of a moratorium. • Priority 6 - Items that relate to funding, operation and business activities that the City must continue despite of the current crisis. This Ordinance, unanimously adopted on First Reading on May 19, 2020, sets the base salary of the Chief Judge at $165,000 effective July 6, 2020. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 19, 2020 (w/o attachments) (PDF) 2. Ordinance No. 075, 2020 (PDF) 5 Packet Pg. 61 Agenda Item 19 Item # 19 Page 1 AGENDA ITEM SUMMARY May 19, 2020 City Council STAFF Teresa Roche, Chief Human Resources Officer Jenny Lopez Filkins, Legal SUBJECT Items Relating to the Appointment, Salary, Oath of Office and Employment Contract of the Chief Judge. EXECUTIVE SUMMARY A. Resolution 2020-049 Appointing Jill Hueser as Chief Judge, Approving the Chief Judge’s Employment Agreement and Direction Regarding Administration of Oath of Office for the Chief Judge. B. First Reading of Ordinance No. 075, 2020, Amending Section 2-606 of the Code of the City of Fort Collins and Setting the Salary of the Chief Judge. This item meets the following COVID-19 emergency priorities for being on the Council agenda: Priority 5 - Items that must move forward based on a Council directed timeline, i.e., completion of a pilot project or the end of a moratorium. Priority 6 - Items that relate to funding, operation and business activities that the City must continue despite of the current crisis. The purpose of the Resolution is to appoint Jill Hueser as the new Chief Judge effective July 6, 2020, and to approve the employment agreement of the Chief Judge. Another purpose is to direct the City Clerk to administer the Chief Judge oath of office to Jill Hueser on July 6, 2020. The Ordinance sets the salary of the Chief Judge effective July 6, 2020. BACKGROUND / DISCUSSION The City began a recruitment and selection process for the Chief Judge position in January 2020 with the support of the executive recruitment firm of Baker Tilly Virchow Krause, LLP. Council appointed three Councilmembers to an ad hoc committee to, among other tasks, conduct interviews with the top candidates and narrow the field for interviews with full Council. Baker-Tilley presented possible top candidates' resumes and credentials for consideration to the ad hoc committee. The ad hoc committee narrowed the field to three finalists after conducting interviews on April 20, 2020 and Council interviewed two finalists on April 22, 2020. On April 28, 2020, Council adopted Resolution 2020-039 authorizing Councilmembers Gorgol and Pignataro to discuss with staff and the named candidate, Jill Hueser, the terms and conditions of an employment agreement for the Chief Judge position, with such agreement to be presented for Council consideration on May 19, 2020. Chief Judge Kathleen Lane’s retirement is effective July 5, 2020. Because the City will employ only one chief judge, Jill Hueser’s appointment as Chief Judge will be effective July 6, 2020. City Clerk Delynn Coldiron will administer the oath of office to Jill Hueser on July 6, 2020. Ms. Hueser will transfer to judicial services on June 1, 2020 and serve as a judicial executive through July 5, 2020. This Resolution appoints Jill Hueser as the Chief Judge for the City effective July 6, 2020 and authorizes the Mayor to execute an employment contract with Ms. Hueser. Additionally, Ordinance No. 075, 2020 Amends Section 2-606 of the City Code to establish the initial base salary of the Chief Judge. Total compensation which ATTACHMENT 1 5.1 Packet Pg. 62 Attachment: First Reading Agenda Item Summary, May 19, 2020 (w/o attachments) (9162 : SR 075 Chief Judge) Agenda Item 19 Item # 19 Page 2 includes health, life and disability insurance as well as retirement benefits is reflected in the attached 2020 Chief Judge Compensation Calculator (Attachment 1). ATTACHMENTS 1. Chief Judge Compensation Calculator (PDF) 2. Powerpoint Presentation (PDF) 5.1 Packet Pg. 63 Attachment: First Reading Agenda Item Summary, May 19, 2020 (w/o attachments) (9162 : SR 075 Chief Judge) -1- ORDINANCE NO. 075, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-606 OF THE CODE OF THE CITY OF FORT COLLINS AND SETTING THE SALARY OF THE CHIEF JUDGE WHEREAS, pursuant to Article VII, Section 1 of the City Charter, the City Council is responsible for fixing the compensation of the Chief Judge; and WHEREAS, the City is committed to compensating its employees in a manner which is fair, competitive and understandable; and WHEREAS, the City’s pay philosophy is based on total compensation, which includes not only base salary but also deferred compensation payments, vacation and holiday leave, and amounts paid by the City for medical, dental, life and long-term disability insurance; and WHEREAS, members of the City Council, with the assistance of City staff, and the presumed Chief Judge have discussed terms and conditions of the presumed Chief Judge’s employment, including the base salary to be paid to the presumed Chief Judge; and WHEREAS, the City Council supports a compensation philosophy of paying employees a competitive salary and is setting the salary of the presumed Chief Judge based on established market data; and WHEREAS, the City Council believes that the base salary of the Chief Judge should be established at the amount of $165,000 per annum. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 2-606 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-606. - Salary of the Chief Judge. The base salary to be paid to the Chief Judge shall be one hundred sixty five thousand dollars ($165,000) per annum, payable in biweekly installments, which sum shall be charged to general government expense. Section 2. That the effective date of the salary adjustment shall be July 6, 2020. 5.2 Packet Pg. 64 Attachment: Ordinance No. 075, 2020 (9162 : SR 075 Chief Judge) -2- Introduced, considered favorably on first reading, and ordered published this 19th day of May, A.D. 2020, and to be presented for final passage on the 2nd day of June, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 2nd day of June, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk 5.2 Packet Pg. 65 Attachment: Ordinance No. 075, 2020 (9162 : SR 075 Chief Judge) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY June 2, 2020 City Council STAFF Jim Byrne, Office of Emergency Management Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 077, 2020, Appropriating Unanticipated Grant Revenue and Authorizing Transfers in the General Fund for the Emergency Management Performance Grant. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priority for being on the Council agenda: • Priority 2 – Emergency-related items that are not urgent but require Council approval. The purpose of this item is to appropriate unanticipated grant revenue in the General Fund for the Emergency Management Performance Grant - Special Projects. This appropriation includes $10,000 of grant revenue provided by the Colorado Division of Homeland Security and Emergency Management (DHSEM) to support emergency management programs. The grant directly supported purchasing an emergency management credentialing system (Salamander) and required a local match of $10,951. Matching funds were appropriated and unexpended in the 2020 Emergency Preparedness and Security operating budget and will be transferred to the Emergency Management Performance Grant - Special Projects program. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In September 2019, the State of Colorado announced the availability of funds for special projects under the Emergency Management Performance Grant program with a priority being for credentialing equipment that allows for statewide uniformity. The City applied for the grant to obtain credentialing software and equipment and was awarded $10,000, for which a match of $10,951 is required. Uniformity across the state in a time of a disaster is essential to the operation of the Office of Emergency Preparedness and Security. This equipment and software will allow staff to respond to disasters inside the state which affect our neighbors as well as allowing others from around the state to assist the City during a disaster. It will provide accountability and tracking mechanisms which are currently not available inside the City and will assist in the further advancement of Emergency Preparedness and Security. CITY FINANCIAL IMPACTS City resources would increase by $10,000. Required matching funds of $10,951 were already appropriated in the 2020 General Fund. 6 Packet Pg. 66 -1- ORDINANCE NO. 077, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE AND AUTHORIZING TRANSFERS IN THE GENERAL FUND FOR THE EMERGENCY MANAGEMENT PERFORMANCE GRANT WHEREAS, the City has applied for and been awarded $10,000 in grant funding from the State of Colorado Emergency Management Performance Grant program (the “Grant”); and WHEREAS, the City will use the Grant proceeds to buy credentialing software and equipment that will provide uniformity between the City and other agencies around the state, and provide better accountability and tracking mechanisms, in responding to a disaster; and WHEREAS, the Grant requires the City to provide $10,951 in matching funds; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of supporting and enhancing the City’s Office of Emergency Preparedness and Security; 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, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project account to another fund or capital project account, provided that the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from unanticipated grant revenue in the General Fund the sum of TEN THOUSAND DOLLARS ($10,000) for expenditure in the General Fund for the Emergency Management Performance Grant. Packet Pg. 67 -2- Section 3. That the unexpended appropriated amount of TEN THOUSAND NINE HUNDRED FIFTY-ONE DOLLARS ($10,951) is authorized for transfer from the Emergency Preparedness & Security operating budget in the General Fund to the Emergency Management Performance Grant and appropriated therein. Introduced, considered favorably on first reading, and ordered published this 2nd day of June, A.D. 2020, and to be presented for final passage on the 16th day of June, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of June, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 68 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY June 2, 2020 City Council STAFF Perrie McMillen, Mediation/Restorative Justice Supervisor Marcy Yoder, Neighborhood Services Senior Manager Bronwyn Scurlock, Legal SUBJECT First Reading of Ordinance No. 078, 2020 Making a Supplemental Appropriation in the General Fund for the Restorative Justice Services Program. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priority for being on the Council agenda: • Priority 6 - Items that relate to funding, operation and business activities that the City must continue despite the current crisis. The purpose of this item is to appropriate grant revenue to fund Restorative Justice Services within Community Development and Neighborhood Services (CDNS). The City has received an amendment to an existing grant providing $12,474 in additional funds from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund to support Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) and Reflect Program for all other offenses. The amendment to the existing grant provides additional funds for a specific project - the creation of videos and other outreach materials to increase awareness for Restorative Justice Services. No match is required. The additional funds were awarded from extra funds the state grant funding agency made available toward the end of the grant cycle (7/1/2019-6/30/2020) and the funds must be spent by June 30, 2020, the end of the current grant cycle. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Restorative Justice Services and its three programs: RESTORE for shoplifting offenses, and RJCP (Restorative Justice Conferencing Program) and Reflect Program for all other offenses, has been partially grant funded since its inception in 2000. Council accepts grant funds annually from the Colorado Division of Criminal Justice to support Restorative Justice Services. This grant helps fund youth referred to the program from the 8th Judicial District Attorney’s Office. Since it began, Restorative Justice Services has provided a restorative justice alternative to more than 3,000 young people who committed chargeable offenses in our community. Restorative Justice is an alternative method of holding a young offender accountable by facilitating a meeting with the offender, the victim/victim representative and members of the community to determine the harm done by the crime, and how to repair the harm. By identifying and repairing the harm caused by the crime, Criminal Justice Officials are optimistic repeat offenses by these youth will be reduced, and the needs and concerns of the victims and affected community will be addressed. 7 Packet Pg. 69 Agenda Item 7 Item # 7 Page 2 These programs help young people understand how family, friends, victim and community are harmed by their actions and hold them accountable for the harm caused by their actions. The intention is that these young people will make better future decisions and not commit the same or similar crime again. Reducing future criminal behavior and keeping young people out of the justice system both contribute positively to a safer and healthier community. Addressing the needs and concerns of crime victims and community members also has a positive effect on the overall health and safety of the community. As part of the programs, youth and families are referred to appropriate community resources based on needs identified during program participation. CITY FINANCIAL IMPACTS The additional funds for the 2019-20 grant of $12,474 are designated for an outreach project of creating videos and written materials for increasing awareness of Restorative Justice Services. There is no local match required and funds will be distributed to the City on a reimbursement basis upon completion of the project. 7 Packet Pg. 70 -1- ORDINANCE NO. 078, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING A SUPPLEMENTAL APPROPRIATION IN THE GENERAL FUND FOR THE RESTORATIVE JUSTICE SERVICES PROGRAM WHEREAS, the Colorado Division of Criminal Justice (“DCJ”) Juvenile Diversion fund has awarded the City, as an amendment to an existing grant, additional funds in the amount of $12,474 for the continued operation of Restorative Justice Services; and WHEREAS, Restorative Justice Services includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program and Reflect Program for all other offenses; and WHEREAS, these additional funds are specifically for the creation of videos and other outreach materials to increase awareness for Restorative Justice Services; WHEREAS, there is no match of funds required; and WHEREAS, the appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of expanding awareness of Restorative Justice Services within the community; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the General Fund and will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged; the purpose for which the funds were initially appropriated no longer exists; or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance. 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. 71 -2- Section 2. That there is hereby appropriated from unanticipated grant revenue in the General Fund the sum of TWELVE THOUSAND FOUR HUNDRED SEVENTY-FOUR DOLLARS ($12,474) for expenditure from the General Fund for the Restorative Justice Services program. Introduced, considered favorably on first reading, and ordered published this 2nd day of June, A.D. 2020, and to be presented for final passage on the 16th day of June, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of June, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 72 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY June 2, 2020 City Council STAFF Delynn Coldiron, City Clerk Rebecca Everette, Development Review Manager Carrie Daggett, City Attorney SUBJECT First Reading of Ordinance No. 079, 2020, Amending and Superseding Ordinance No. 061, 2020 Enacting Temporary Procedures for Remote Participation in Certain Meetings. EXECUTIVE SUMMARY The purpose of this item is to update and replace Ordinance No. 061, 2020, in order to allow Council to conduct business that has been postponed due to the local emergency set forth in the Ordinance. This Ordinance will also allow boards and commissions to conduct business remotely using technology set in place for Council meetings. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION On March 13, 2020, the City Manager proclaimed a local emergency due to the worldwide pandemic in accordance with City Code and activated the Emergency Operations Plan. Resolution 2020-030 extended the proclamation, Emergency Ordinance No. 54, 2020 was adopted on Second Reading on March 20, 2020, permitting Council to conduct business remotely. Subsequently, Ordinance No. 061, 2020, authorized remote quasi-judicial hearings and neighborhood meetings required under the City’s Land Use Code, and essential board meetings, in addition to other Council meetings, superseding Emergency Ordinance No. 54. As permitted by the Colorado Open Meetings Laws and City Charter, Council has determined the use of remote technology, i.e., telephone and online platforms, to be effective and necessary during this unprecedented time in order to limit community spread and slow the transmission of COVID-19. Due to the extended time period requiring physical distancing, Council will consider allowing regular and non-emergent business to resume using remote technology. This ordinance will relax the remote technology requirements for Council and board and commission meetings while retaining the stricter safeguards for conducting quasi- judicial hearings. ATTACHMENTS 1. Ordinance No. 079, 2020, (highlighted to show changes) (PDF) -1- ORDINANCE NO. 061079, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING AND SUPERSEDING EMERGENCY ORDINANCE NO. 054061, 2020 ENACTING TEMPORARY PROCEDURES FOR REMOTE PARTICIPATION IN CERTAIN MEETINGS 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, WHEREAS, utilizing technology, whether telephonic, on-line platforms, other technological methods or a combination thereof (“Remote Technology”) to conduct meetings is consistent with the Colorado Open Meetings Laws, Colorado Revised Statutes Sections 24-6- 401 et seq. (2019) and Article II of the Charter of the City of Fort Collins (“City Charter”); and WHEREAS, in light of the potential for Councilmembers to be isolated and unable to physically meet together for a Council meeting in order to conduct Council business, Council adopted Emergency Ordinance No. 054, 2020 (Emergency Ordinance No. 054), on March 20, 2020, permitting Council to conduct business remotelyusing Remote Technology; and WHEREAS, Emergency Ordinance No. 054 did not authorize any remote quasi-judicial hearings or neighborhood meetings required under the City’s Land Use Code, and this Ordinance is meant to authorize certain remote quasi-judicial hearings and neighborhood meetings and essential board meetings, in addition to other City Council meetings, and therefore supersedes and replaces in all respects Emergency Ordinance No. 54; and ATTACHMENT 1 -2- WHEREAS, on March 25, 2020, the Governor of the State of Colorado issued Executive Order D 2020 017 (Governor’s Stay-at-Home Order) and the Colorado Department of Public Health & Environment (CDPHE) issued Amended Public Health Order 20-24 (CDPHE Public Health Order), both of which ordered citizens of the State to stay at home, leave home only for identified necessary activities, and comply with physical distancing requirements, sometimes referred to as “social distancing”; and WHEREAS, the prevention and management of exposure to COVID-19 and mitigation of related impacts of all kinds continue to require emergency action by the City and continued physical distancing in order to reduce its transmission, based on the scientific evidence described in the Governor’s Stay-at-Home Order and the CDPHE Public Health Order; and WHEREAS, due to the continued critical need to limit interaction by staying at home, maintain physical distance from others, slow the transmission of COVID-19 and protect the health, safety and welfare of the people of Fort Collins, the City is currently unable to hold traditional meetings or quasi-judicial hearings in accordance with the provisions of its City Code and Land Use Code; and WHEREAS, in order to continue essential government activity that will protect WHEREAS, on April 21, 2020, the City Council adopted on second reading Ordinance No. 061, 2020 (Ordinance No. 061), to supersede and replace in all respects Emergency Ordinance No. 054; and WHEREAS, Ordinance No. 061 was intended to continue essential government activity and protect the health, safety and welfare of the people of Fort Collins, including but not limited to economic health, by authorizing certain Quasi-Judicial Hearings by the City Council wishes to also make available certain remote quasi-judicial hearings by the, City Council, City Boardsboards and Commissionscommissions and administrative hearing officers (including City officers and employees) charged with the exercise of quasi-judicial functions under the Fort Collins Municipal Code (“City Code”) and Land Use Code (collectively “Quasi-Judicial Hearings”),”) and certain remote neighborhood meetings required by the Land Use Code (“Neighborhood Meetings”), and essential Board Meetingsboard meetings, using Remote Technology, provided that criteria set forth below canin Ordinance No. 061 could be met; and WHEREAS, utilizing technology, whether telephonic, on-line platforms, other technological methods or a combination thereof (“Remote Technology”) to conduct certain City Council Meetings, Quasi-Judicial Hearings, Neighborhood Meetings, and essential Board Meetings is authorized by City Council in recognition that the use of such technology is consistent with the Colorado Open Meetings Laws, Colorado Revised Statutes Sections 24-6-401 et seq. (2019) and Article II of the Charter of the City of Fort Collins (“City Charter”); and WHEREAS, in accordance with the guidance of the Larimer County Sixth Public Health Order Re: Stay-At-Home dated March 25, 2020, regulating essential/critical businesses (which may be extended or replaced with a subsequent similar Order), and the Colorado Department of Public Health and Environment Third Updated Public health Order 20-24 Implementing Stay At -3- Home Requirements dated April 1, 2020, regarding essential/critical businesses (which may be extended or replaced with a subsequent similar Order), City Council recognizes that certain essential business and infrastructure must continue to occur during this time to protect the physical and economic health of the City of Fort Collins and its citizens; and WHEREAS, City Council will permit certain remote Quasi-Judicial Hearings to occur as defined in Section 4 because they are found to be essential/critical to maintaining the citizens’ physical and economic health; and WHEREAS, certain Quasi-Judicial Hearings are authorized to be conductedWHEREAS, Ordinance No. 061 authorizes certain Quasi-Judicial Hearings using Remote Technology if the technology used ensures that the hearings meet the procedural safeguards required to provide due process of law under the United States and Colorado constitutions, the requirements of which include, but are not limited to: (1) notice; (2) an adequate right to be heard, present evidence, rebut evidence and to see or hear all of the public proceedings; (3) Hearings are fair and impartial with public roll call of votes; (4) the decision is supported by adequate findings; and (5) a sufficient record of the proceedings can be made (collectively, “Due Process Requirements”); and WHEREAS, the Council has determined that in addition, certain City Boards and Commissions are responsible to allowing consideration or pressing matters requiring prompt action, allowing for functions that, while not quasi-judicial in nature, are time-sensitive and important to the conduct of regular and routine City business by the City Council’s ability to complete action on critical programs such as the federally funded Community Development Block Grant and HOME programs or other programs for funding or supporting community services or programs, and in order to carry out those functionsCouncil, Council Committees, and by City boards and commissions, and their committees, using Remote Technology is appropriate in light of the extended time period during the local emergency and maintain required which requirements for physical distancing and other measures to preventsuppress the spread of COVID-19, Boards and Commissions may also need are likely to be continued; and WHEREAS, this Ordinance amends and restates Ordinance No. 061 in order to relax the requirements for use of Remote Technology for Council and board and commission meetings, and their committees, while retaining safeguards to meet and carry out essential City business using Remote Technologyassure effective observation and participation by the public and stringent requirements for the conduct of Quasi-Judicial Hearings in accordance with Due Process Requirements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that: Section 1. The City Council hereby finds that it is necessary and appropriate to enable the City to use Remote Technology to conduct certain City Council Meetings, Quasi-Judicial Hearings and Neighborhood Meetings, as well as for Board and Commission meetings needed to carry out essential City business,meetings during the pendency of the current public health and local emergency affecting the city declared in accordance with Section 2-671(a)(1) of the City Code (“Declared Local Emergency”), in order to protect the physical and economic health, safety -4- and welfare of the people of Fort Collins that would result from the inability to conduct such meetings and essentialcarry out City business. Section 2. The City Council finds that allowing certain City Council Meetings, Quasi- Judicial Hearings, Neighborhood Meetings, and Board and Commissionpublic meetings needed to carry out essential City business, to be heldconducted using Remote Technology is consistent with the Colorado Open Meetings Laws of Colorado Revised Statute Sections 24-6-401 et. seq. (2019) and Article II of the City Charter, so long as proper notice of the meeting is given and the public is reasonably able to observe and, as applicable, participate in such meetings. Section 3. The Council hereby adopts the following special provisions for City Council and Council Committee meetings using Remote Technology during the course of a Declared Local Emergency, to supplement and, as applicable, supersede the provisions of Division 2, Article II of Chapter 2 of the City Code, as follows: A. In the event the City Council is unable during the course of a Declared Local Emergency to conduct its regular meeting at the day, hour, and place fixed and any other applicable provisions adopted by City Code § 2-28 or at a special meeting pursuant to City Code § 2-29 because meeting in person would not be prudent due to a public health emergency or other unforeseen circumstances affecting the city, meetings may be conducted by telephone, electronically or by other means of communication Council: A. The Mayor, after consultation with the Mayor Pro Tem, City Manager and City Attorney, may determine that the Council will conduct any regular meeting or special meeting in whole or in part by Remote Technology so as to provide reasonably available participation by Councilmembers and by the public, consistent with the requirements of this Ordinance, because meeting in person would not be prudent for some or all persons due to a public health emergency or other unforeseen circumstance affecting the city. B. Meetings of the The chairperson of any Council Committee, after consultation with the City Manager and City Council or Council committeesAttorney, may be conducteddetermine that the Committee will conduct any Committee meeting in whole or in part by telephone, electronically or by other means, and remoteRemote Technology so as to provide reasonably available participation shall constitute presence and actual attendance for purposes of establishing a quorum, subject to the following conditions: B. 1. The City Manager or by members of the Committee and observation by the Mayor determines that public, consistent with the requirements of this Ordinance, because meeting in person would not be prudent because offor some or all persons due to a public health emergency or other unforeseen circumstancescircumstance affecting the city; . C. 2Regardless of the determination made under Subsection 3.A or 3.B, as applicable, any Councilmember concerned about their own or others’ health or safety is entitled to participate by Remote Technology in any regular meeting or special meeting of the Council, or any meeting of a Council Committee of which they are a member, in a manner -5- consistent with the requirements of this Ordinance, if such Councilmember requests to do so by notifying the City Clerk no less than thirty-six (36) hours in advance of the meeting. D. Participation by a Councilmember in a meeting conducted by Remote Technology shall constitute presence and actual attendance for purpose of establishing a quorum, provided the following conditions are met: 1. All members of the Council or Committee, as applicable, participating in the meeting can see and hear one another, or, if circumstances preclude an arrangement that would allow visual communication, hear one another; 32. All members of the Council or Committee, as applicable, participating in the meeting can see, hear or read all discussion, comment, and testimony in a manner designed to provide maximum information sharing and participation; 43. Members of the public have equivalent access to all discussion, comment and testimony, and to all Council votes and other dialogue, in a manner designed to provide maximum information sharing and, to the extent applicable, participation; 5. At least one member of the Council must be present at the physical meeting location, unless not feasible due to the public health emergency or other unforeseen circumstances; 64. All votes must be conducted by roll call; and 75. All other meeting-related requirements must be met, including advance notice with an explanation of how Councilmembers and the public may participate and stating the right of the public to monitor the meeting, as well as the recording and preparation of meeting minutes; and . 8. Only matters that have been determined by the City Manager and Mayor to be pressing and to require prompt action by the Council may be considered when a meeting is conducted pursuant to these procedures. An explanation for the basis of such determination shall be included in the materials for each item to be considered. C E. The City Clerk or their designee, or staff person managing arrangements for a Committee, shall initiate the meeting by telephone, electronically or through other means Remote Technology not more than forty-five (45) minutes and not less than fifteen (15) minutes prior to the scheduled time of the meeting. Upon disconnection during a meeting, the City Clerk F. In addition to the requirements set forth in this Section, the requirements of Section 4 shall apply to any Quasi-Judicial Hearing by the City Council or their designee shall -6- make at least one attempt to re-initiate the connection. a Council Committee using Remote Technology. D. G. If during any meeting of the Council, by majority vote, or a Council Committee, the presiding officer determines that the Remote Technology in use is not functioning sufficiently to meet the conditions above during any particular item or meeting, the Council or Committee must continue such item or meeting to allow for improved technologies or other arrangements. Section 4. The Council hereby adopts the following special provisions permitting Quasi-Judicial Hearings using Remote Technology, excluding those listed in Subsection 4.B. below, during a Declared Local Emergency using Remote Technology, to supplement the provisions of Division 2, Article II and Article III of Chapter 2 of the City Code, other applicable provisions of the City Code, applicable provisions adopted by Council (such as the Boards and Commissions Manual) and the City’s Land Use Code, as follows: A. In the eventThe following requirements apply to the use of Remote Technologies for Quasi-Judicial Hearings: 1. A Council or Council Committee may conduct a scheduled in-person Quasi- Judicial Hearing not excluded under Subsection 4.B. cannot be conducted at the day, hour and place fixed by City Code § 2-28, § 2-29 and § 2-72 or provided a determination or request has been made pursuant to other City Code or Council-adopted provisions applicable to City Board or Commission or the requirements of Section 3.A, 3.B or 3.C of this Ordinance and subject to compliance with all other requirements in this Section 4. 2. A board or commission or committee thereof may conduct a Quasi-Judicial Hearing provided a determination or request has been made pursuant to the requirements of Section 6.A, 6.B or 6.C of this Ordinance and subject to compliance with all other requirements in this Section 4. 1.3. Any individual decisionmaker under the City’s Land Use Code or City Code may conduct a Quasi-Judicial Hearing provided said decisionmaker, in consultation with appropriate City staff, has determined that it is desirable to conduct the Hearing by Remote Technology so as to provide reasonably available participation by parties-in-interest and by the public, consistent with the requirements of this Ordinance, because meeting in person would not be prudent for some or permittedall persons due to a Declared Local Emergency, the Quasi-Judicial Hearing may be conducted by the use of Remote Technology so long as the requirements of Subsection 4.C. below are met. Remote participation in any Quasi-Judicial Hearing by any member of the City Council or of any Board or Commission shall constitute presence and actual attendance for purposes of establishing a quorum.public health -7- emergency or other unforeseen circumstance affecting the city and subject to compliance with all other requirements in this Section 4. B. Unless further action is taken by the Council under Section 8, below, the following Quasi-Judicial Hearings are not allowed to be heard remotelywhen one or more members of the decisionmaking body or an individual decisionmaker, as applicable, is participating by use of Remote Technology due to theirthe complexity, difficulties in making an adequate record, and fundamental nature of the actionthese types of actions: 1. Appeals of any decision as such appeals may be authorized under the City of Fort Collins Municipal Code and Land Use Code. Variances considered by the Zoning Board of Appeals are not “appeals” under this provision. 2. Zoning and Rezoning matters pursuant to Fort Collins Land Use Code Division 2.9. 3. Addition of Permitted Use matters pursuant to the Land Use Code Division 1.3 sectionSection 1.3.4. C. Quasi-Judicial Hearings not excluded under Subsection 4.B. may be conducted using Remote Technology if the following criteria are met: 1. A determination of necessity is made as follows, and an explanation of such determination provided in the agenda materials for the related items: i. For a City Council proceeding, the City Manager, after consultation with the Mayor and the City Attorney, determines that holding an in-person Quasi-Judicial Hearing by City Council would not be prudent because of conditions related to a Declared Local Emergency and is pressing and requires prompt action. ii. For a proceeding of any other decision-making body, the City Manager or their designee, after consultation with the chairperson of such body and the City Attorney, determines that holding an in- person Quasi-Judicial Hearing would not be prudent because of conditions related to a Declared Local Emergency and is pressing and requires prompt action. iii. For a Type I hearing or other quasi-judicial proceeding before an individual decisionmaker under the City’s Land Use Code, the Director of Community Development and Neighborhood Services, in consultation with the City Attorney, determines that holding an in-person Quasi-Judicial Hearing would not be prudent because of conditions related to a Declared Local Emergency and is pressing and requires prompt action. iv. For a quasi-judicial proceeding before an individual decisionmaker under any provision of the City Code, the City Manager or their designee, in consultation with the City Attorney, determines that -8- holding an in-person Quasi-Judicial Hearing would not be prudent because of conditions related to a Declared Local Emergency and is pressing and requires prompt action. 21. Legally sufficient notice of the Quasi-Judicial Hearing has been given. 32. The Remote Technology used for the Quasi-Judicial Hearing is sufficient to satisfy the requirements of Due Process as described above and as follows: i. All members of the decision-making body can see and hear one another or, if circumstances preclude an arrangement that would allow visual communication, hear one another; ii. All members of the decision-making body or the individual decisionmaker, as applicable, can see, hear or read all discussion, comment and testimony in a manner designed to provide the body or decisionmaker with reasonably complete and accurate perception of such evidentiary material; iii. Parties-in-interest in the Quasi-Judicial Hearing have fair and reasonable access to all discussion, comment and testimony, evidentiary material and dialogue; iv. Parties-in-interest in the Quasi-Judicial Hearing have a fair and reasonable opportunity to present information to the decision- making body or individual decisionmaker, as applicable; and v. All votes of the decision-making body must be conducted by a roll call of the members. 43. The Remote Technology used to hold the Quasi-Judicial Hearing iscan reasonably be expected to record and maintain the decision made at the Hearing and the evidence and findings supporting that decision; and 54. The Remote Technology used to hold the Quasi-Judicial Hearing iscan reasonably be expected to make or support the making of a complete record of the proceedings, including all evidence presented and considered, all testimony and all discussion by the decisionmakers for purposes of any right of appeal available under the City Code, the City’s Land Use Code or federal or state law. D. Any person or applicant seeking a quasi-judicial decision from City Council, a City Boardboard or Commissioncommission or an administrative hearing officer under the City Code or the City’s Land Use Code, shall be notified in writing or by email of the intention to conduct a quasi-judicial hearingQuasi-Judicial Hearing using Remote Technology. Such person or applicant shall be entitled to request that the Quasi-Judicial Hearing be delayed until such time as the Hearing can be conducted in person. Any person or applicant proceeding with and participating in a Quasi-Judicial Hearing using Remote Technology shall be deemed to have consented to such method of providing the Quasi-Judicial Hearing. -9- E. The Director of Community Development and Neighborhood Services, in consultation with the City Attorney, may promulgate reasonable policies and procedures to implement these requirements during a Declared Local Emergency for Quasi-Judicial Hearings conducted under the authority of the City’s Land Use Code by Boardsboards or Commissionscommissions or administrative hearing officers. F. In connection with any Quasi-Judicial Hearing conducted pursuant to this Section, if the individual decisionmaker , whether an individual or the presiding officer of a decisionmaking body by majority vote, as applicable, determines that the Remote Technology in use is not functioning sufficiently to meet the conditions above during any particular item or meeting, said individual decisionmaker or the decisionmaking body, as applicable, must continue such item or meeting to allow for improved technologies or other arrangements. Section 5. The City Council hereby authorizes Neighborhood Meetings required under the City’s Land Use Code to be conducted using Remote Technology during a Declared Local Emergency, so long as any such remote Neighborhood Meeting satisfies all of the following requirements of Section 2.2.2 of the City’s Land Use Code: 1. Provides a forum for citizens of area neighborhoods, applicants and the Director to identify, review, discuss, and work through any solutions to identified concerns for development applications during the conceptual planning stage. 2. Complies with requirements of Notice articulated in Land Use Code Section 2.2.2(C). 3. Provides a forum for attendance by citizens of the affected area neighborhoods, the applicant/applicant representative and the Director/Director’s representative. 4. Complies with the Summary of the meeting directives in Land Use Code Section 2.2.2(E). If the Director of Community Development and Neighborhood Services or their designee determines that the Remote Technology in use is not functioning sufficiently to meet the conditions set forth in this Section during any Neighborhood Meeting, the Director must either continue such Neighborhood Meeting or schedule an additional Neighborhood Meeting to allow for improved technologies or other arrangements. Section 6. The Council hereby adopts the following special provisions for City Boardboard and Commissioncommission meetings during a Declared Local Emergency that are not Quasi-Judicial Hearings, to supplement and, as applicable, supersede the provisions of Division 2, Article II and Article III of Chapter 2 of the City Code and other provisions adopted -10- by the Council to govern City Boardsboards and Commissionscommissions (including the Boards and Commissions Manual), and to supersede any applicable provisions to the contrary, as follows: A. A. In the event aThe chairperson of any City Boardboard or Commission is unable during the course of a Declared Local Emergency tocommission, after consultation with the staff liaison for such board or commission, may determine that such board or commission will conduct itsany regular (non-quasi-judicial) business with members physically present at a meeting or special meeting in whole or in part by Remote Technology so as to provide reasonably available participation by members of the board or commission and by the public, consistent with the requirements of this Ordinance, because meeting in -person would not be prudent for some or all persons due to a public health emergency or other unforeseen circumstancescircumstance affecting the city, such meeting may be conducted by telephone, electronically or by other means of communication. A.B. The chairperson of any committee of any City board or commission, after consultation with the chairperson and staff liaison of such board or commission, may determine that such committee will conduct any committee meeting in whole or in part by Remote Technology so as to provide reasonably available participation by members of the committee and observation by the public, consistent with the requirements of this Ordinance. , because meeting in person would not be prudent for some or all persons due to a public health emergency or other unforeseen circumstance affecting the city. C. B. Meetings of a City Board or Commission, other than Quasi-Judicial Hearings, may be conducted by telephone, electronically or by other means, and remote participationRegardless of the determination made under Subsection 6.A or 6.B, as applicable, any member of any board or commission concerned about their own or others’ health or safety is entitled to participate by Remote Technology is entitled to participate by Remote Technology in any regular meeting or special meeting of such board or commission, or any meeting of any related committee of which they are a member, in a manner consistent with the requirements of this Ordinance, if such member requests to do so by notifying the staff liaison for their board or commission no less than thirty-six (36) hours in advance of the meeting. B.D. Participation by a City board or commission member, or a member of a committee thereof, in a meeting conducted by Remote Technology shall constitute presence and actual attendance for purposespurpose of establishing a quorum, subject toprovided the following conditions are met: 1. The City Manager or their designee, in consultation with the chairperson of the Board or Commission and Council Liaison to the Board or Commission, determines that meeting in person would not be prudent because of a Declared Local Emergency and that the business to be conducted by the Board or Commission is pressing and requires prompt action. An explanation for the basis of such determination shall be included in the materials for each item to be considered; -11- 21. All members of the Boardboard or Commissioncommission participating in the meeting can see and hear one another or, if circumstances preclude an arrangement that would allow visual communication, hear one another; 32. All members of the Boardboard or Commissioncommission participating in the meeting can see, hear or read all discussion, comment and testimony in a manner designed to provide maximum information sharing and, to the extent applicable, participation; 43. Members of the public have equivalent access to all discussion, comment and testimony, and to all votes and other dialogue, in a manner designed to provide maximum information sharing and participation; 5. At least one member of the Board or Commission must be present at the physical meeting location, unless not feasible due to the Declared Local Emergency or other unforeseen circumstances; 64. All votes must be conducted by roll call; and 75. All other meeting-related requirements must be met, including advance notice with an explanation of how members of the Boardboard or Commissioncommission and the public may participate and stating the right of the public to monitor the meeting, as well as the recording and preparation of meeting minutes. C E. The staff liaison for the Boardboard or Commissioncommission, or a committee thereof, or their designee shall initiate the meeting by telephone, electronically, or through other meansRemote Technology not more than forty-five (45) minutes and not less than fifteen (15) minutes prior to the scheduled time of the meeting. Upon disconnection during a meeting, the staff liaison or their designee shall make at least one attempt to re-initiate the connection. D. F. In addition to the requirements set forth in this Section, the requirements of Section 4 of Ordinance No. 061, as amended by this Ordinance, shall apply to any Quasi-Judicial Hearing conducted by a City board or commission or a committee thereof using Remote Technology. G. If during any meeting a Board or Commission, by majority vote,of a board or commission or a committee thereof the presiding officer determines that the Remote Technology in use is not functioning sufficiently to meet the conditions above during any particular item or meeting, the Boardboard or Commissioncommission must continue such item or meeting to allow for improved technologies or other arrangements. -12- Section 7. City Council may, by the adoption by Resolution of an updated Boards and Commissions Manual, update and supersede the provisions of this Ordinance, provided Council expressly states its intent to do so. 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. Section 9. This Ordinance shall supersede and replace in all respects Emergency Ordinance No. 054061, 2020. Introduced, considered favorably on first reading, and ordered published this 14th2nd day of AprilJune, A.D. 2020, and to be presented for final passage on the 21st16th day of AprilJune, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 21st16th day of AprilJune, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk -1- ORDINANCE NO. 079, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING AND SUPERSEDING ORDINANCE NO. 061, 2020 ENACTING TEMPORARY PROCEDURES FOR REMOTE PARTICIPATION IN CERTAIN MEETINGS 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, utilizing technology, whether telephonic, on-line platforms, other technological methods or a combination thereof (“Remote Technology”) to conduct meetings is consistent with the Colorado Open Meetings Laws, Colorado Revised Statutes Sections 24-6-401 et seq. (2019) and Article II of the Charter of the City of Fort Collins (“City Charter”); and WHEREAS, in light of the potential for Councilmembers to be isolated and unable to physically meet together for a Council meeting in order to conduct Council business, Council adopted Emergency Ordinance No. 054, 2020 (Emergency Ordinance No. 054), on March 20, 2020, permitting Council to conduct business using Remote Technology; and WHEREAS, on April 21, 2020, the City Council adopted on second reading Ordinance No. 061, 2020 (Ordinance No. 061), to supersede and replace in all respects Emergency Ordinance No. 054; and -2- WHEREAS, Ordinance No. 061 was intended to continue essential government activity and protect the health, safety and welfare of the people of Fort Collins, including but not limited to economic health, by authorizing certain Quasi-Judicial Hearings by the City Council, City boards and commissions and administrative hearing officers (including City officers and employees) charged with the exercise of quasi-judicial functions under the Fort Collins Municipal Code (“City Code”) and Land Use Code (collectively “Quasi-Judicial Hearings”) and certain neighborhood meetings required by the Land Use Code (“Neighborhood Meetings”), and essential board meetings, using Remote Technology, provided that criteria set forth in Ordinance No. 061 could be met; and WHEREAS, Ordinance No. 061 authorizes certain Quasi-Judicial Hearings using Remote Technology if the technology used ensures that the hearings meet the procedural safeguards required to provide due process of law under the United States and Colorado constitutions, the requirements of which include, but are not limited to: (1) notice; (2) an adequate right to be heard, present evidence, rebut evidence and to see or hear all of the public proceedings; (3) Hearings are fair and impartial with public roll call of votes; (4) the decision is supported by adequate findings; and (5) a sufficient record of the proceedings can be made (collectively, “Due Process Requirements”); and WHEREAS, the Council has determined that in addition to allowing consideration or pressing matters requiring prompt action, allowing for the conduct of regular and routine City business by the City Council, Council Committees, and by City boards and commissions, and their committees, using Remote Technology is appropriate in light of the extended time period during which requirements for physical distancing and other measures to suppress the spread of COVID-19 are likely to be continued; and WHEREAS, this Ordinance amends and restates Ordinance No. 061 in order to relax the requirements for use of Remote Technology for Council and board and commission meetings, and their committees, while retaining safeguards to assure effective observation and participation by the public and stringent requirements for the conduct of Quasi-Judicial Hearings in accordance with Due Process Requirements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that: Section 1. The City Council hereby finds that it is necessary and appropriate to enable the City to use Remote Technology to conduct meetings during the pendency of the current public health and local emergency affecting the city declared in accordance with Section 2-671(a)(1) of the City Code (“Declared Local Emergency”), in order to protect the physical and economic health, safety and welfare of the people of Fort Collins that would result from the inability to conduct such meetings and carry out City business. Section 2. The City Council finds that public meetings conducted using Remote Technology is consistent with the Colorado Open Meetings Laws of Colorado Revised Statute Sections 24-6-401 et. seq. (2019) and Article II of the City Charter, so long as proper notice of -3- the meeting is given and the public is reasonably able to observe and, as applicable, participate in such meetings. Section 3. The Council hereby adopts the following special provisions for City Council and Council Committee meetings during the course of a Declared Local Emergency to supplement and, as applicable, supersede the provisions of Division 2, Article II of Chapter 2 of the City Code and any other applicable provisions adopted by Council: A. The Mayor, after consultation with the Mayor Pro Tem, City Manager and City Attorney, may determine that the Council will conduct any regular meeting or special meeting in whole or in part by Remote Technology so as to provide reasonably available participation by Councilmembers and by the public, consistent with the requirements of this Ordinance, because meeting in person would not be prudent for some or all persons due to a public health emergency or other unforeseen circumstance affecting the city. B. The chairperson of any Council Committee, after consultation with the City Manager and City Attorney, may determine that the Committee will conduct any Committee meeting in whole or in part by Remote Technology so as to provide reasonably available participation by members of the Committee and observation by the public, consistent with the requirements of this Ordinance, because meeting in person would not be prudent for some or all persons due to a public health emergency or other unforeseen circumstance affecting the city. C. Regardless of the determination made under Subsection 3.A or 3.B, as applicable, any Councilmember concerned about their own or others’ health or safety is entitled to participate by Remote Technology in any regular meeting or special meeting of the Council, or any meeting of a Council Committee of which they are a member, in a manner consistent with the requirements of this Ordinance, if such Councilmember requests to do so by notifying the City Clerk no less than thirty-six (36) hours in advance of the meeting. D. Participation by a Councilmember in a meeting conducted by Remote Technology shall constitute presence and actual attendance for purpose of establishing a quorum, provided the following conditions are met: 1. All members of the Council or Committee, as applicable, participating in the meeting can see and hear one another or, if circumstances preclude an arrangement that would allow visual communication, hear one another; 2. All members of the Council or Committee, as applicable, participating in the meeting can see, hear or read all discussion, comment and testimony in a manner designed to provide maximum information sharing and participation; 3. Members of the public have equivalent access to all discussion, comment and testimony, and to all Council votes and other dialogue, in a manner -4- designed to provide maximum information sharing and, to the extent applicable, participation; 4. All votes must be conducted by roll call; and 5. All other meeting-related requirements must be met, including advance notice with an explanation of how Councilmembers and the public may participate and stating the right of the public to monitor the meeting, as well as the recording and preparation of meeting minutes. E. The City Clerk or their designee, or staff person managing arrangements for a Committee, shall initiate the meeting by Remote Technology not more than forty-five (45) minutes and not less than fifteen (15) minutes prior to the scheduled time of the meeting. F. In addition to the requirements set forth in this Section, the requirements of Section 4 shall apply to any Quasi-Judicial Hearing by the City Council or a Council Committee using Remote Technology. G. If during any meeting of the Council or a Council Committee, the presiding officer determines that the Remote Technology in use is not functioning sufficiently to meet the conditions above during any particular item or meeting, the Council or Committee must continue such item or meeting to allow for improved technologies or other arrangements. Section 4. The Council hereby adopts the following special provisions permitting Quasi-Judicial Hearings using Remote Technology, excluding those listed in Subsection 4.B. below, during a Declared Local Emergency, to supplement the provisions of Division 2, Article II and Article III of Chapter 2 of the City Code, other applicable provisions of the City Code, applicable provisions adopted by Council (such as the Boards and Commissions Manual) and the City’s Land Use Code, as follows: A. The following requirements apply to the use of Remote Technologies for Quasi- Judicial Hearings: 1. A Council or Council Committee may conduct a Quasi-Judicial Hearing provided a determination or request has been made pursuant to the requirements of Section 3.A, 3.B or 3.C of this Ordinance and subject to compliance with all other requirements in this Section 4. 2. A board or commission or committee thereof may conduct a Quasi- Judicial Hearing provided a determination or request has been made pursuant to the requirements of Section 6.A, 6.B or 6.C of this Ordinance and subject to compliance with all other requirements in this Section 4. -5- 3. Any individual decisionmaker under the City’s Land Use Code or City Code may conduct a Quasi-Judicial Hearing provided said decisionmaker, in consultation with appropriate City staff, has determined that it is desirable to conduct the Hearing by Remote Technology so as to provide reasonably available participation by parties-in-interest and by the public, consistent with the requirements of this Ordinance, because meeting in person would not be prudent for some or all persons due to a public health emergency or other unforeseen circumstance affecting the city and subject to compliance with all other requirements in this Section 4. B. Unless further action is taken by the Council under Section 8, below, the following Quasi-Judicial Hearings are not allowed to be heard when one or more members of the decisionmaking body or an individual decisionmaker, as applicable, is participating by use of Remote Technology due to the complexity, difficulties in making an adequate record, and fundamental nature of these types of actions: 1. Appeals of any decision as such appeals may be authorized under the City of Fort Collins Municipal Code and Land Use Code. Variances considered by the Zoning Board of Appeals are not “appeals” under this provision. 2. Zoning and Rezoning matters pursuant to Fort Collins Land Use Code Division 2.9. 3. Addition of Permitted Use matters pursuant to the Land Use Code Section 1.3.4. C. Quasi-Judicial Hearings not excluded under Subsection 4.B. may be conducted using Remote Technology if the following criteria are met: 1. Legally sufficient notice of the Quasi-Judicial Hearing has been given. 2. The Remote Technology used for the Quasi-Judicial Hearing is sufficient to satisfy the requirements of Due Process as described above and as follows: i. All members of the decision-making body can see and hear one another or, if circumstances preclude an arrangement that would allow visual communication, hear one another; ii. All members of the decision-making body or the individual decisionmaker, as applicable, can see, hear or read all discussion, comment and testimony in a manner designed to provide the body or decisionmaker with reasonably complete and accurate perception of such evidentiary material; -6- iii. Parties-in-interest in the Quasi-Judicial Hearing have fair and reasonable access to all discussion, comment and testimony, evidentiary material and dialogue; iv. Parties-in-interest in the Quasi-Judicial Hearing have a fair and reasonable opportunity to present information to the decision- making body or individual decisionmaker, as applicable; and v. All votes of the decision-making body must be conducted by a roll call of the members. 3. The Remote Technology used to hold the Quasi-Judicial Hearing can reasonably be expected to record and maintain the decision made at the Hearing and the evidence and findings supporting that decision; and 4. The Remote Technology used to hold the Quasi-Judicial Hearing can reasonably be expected to make or support the making of a complete record of the proceedings, including all evidence presented and considered, all testimony and all discussion by the decisionmakers for purposes of any right of appeal available under the City Code, the City’s Land Use Code or federal or state law. D. Any person or applicant seeking a quasi-judicial decision from City Council, a City board or commission or an administrative hearing officer under the City Code or the City’s Land Use Code, shall be notified in writing or by email of the intention to conduct a Quasi-Judicial Hearing using Remote Technology. Such person or applicant shall be entitled to request that the Quasi-Judicial Hearing be delayed until such time as the Hearing can be conducted in person. Any person or applicant proceeding with and participating in a Quasi-Judicial Hearing using Remote Technology shall be deemed to have consented to such method of providing the Quasi-Judicial Hearing. E. The Director of Community Development and Neighborhood Services, in consultation with the City Attorney, may promulgate reasonable policies and procedures to implement these requirements during a Declared Local Emergency for Quasi-Judicial Hearings conducted under the authority of the City’s Land Use Code by boards or commissions or administrative hearing officers. F. In connection with any Quasi-Judicial Hearing conducted pursuant to this Section, if the individual decisionmaker or the presiding officer of a decisionmaking body, as applicable, determines that the Remote Technology in use is not functioning sufficiently to meet the conditions above during any particular item or meeting, said individual decisionmaker or the decisionmaking body, as applicable, must continue such item or meeting to allow for improved technologies or other arrangements. Section 5. The City Council hereby authorizes Neighborhood Meetings required under the City’s Land Use Code to be conducted using Remote Technology during a Declared -7- Local Emergency, so long as any such remote Neighborhood Meeting satisfies all of the following requirements of Section 2.2.2 of the City’s Land Use Code: 1. Provides a forum for citizens of area neighborhoods, applicants and the Director to identify, review, discuss, and work through any solutions to identified concerns for development applications during the conceptual planning stage. 2. Complies with requirements of Notice articulated in Land Use Code Section 2.2.2(C). 3. Provides a forum for attendance by citizens of the affected area neighborhoods, the applicant/applicant representative and the Director/Director’s representative. 4. Complies with the Summary of the meeting directives in Land Use Code Section 2.2.2(E). If the Director of Community Development and Neighborhood Services or their designee determines that the Remote Technology in use is not functioning sufficiently to meet the conditions set forth in this Section during any Neighborhood Meeting, the Director must either continue such Neighborhood Meeting or schedule an additional Neighborhood Meeting to allow for improved technologies or other arrangements. Section 6. The Council hereby adopts the following special provisions for City board and commission meetings during a Declared Local Emergency to supplement and, as applicable, supersede the provisions of Division 2, Article II and Article III of Chapter 2 of the City Code and other provisions adopted by the Council to govern City boards and commissions (including the Boards and Commissions Manual), as follows: A. The chairperson of any City board or commission, after consultation with the staff liaison for such board or commission, may determine that such board or commission will conduct any regular meeting or special meeting in whole or in part by Remote Technology so as to provide reasonably available participation by members of the board or commission and by the public, consistent with the requirements of this Ordinance, because meeting in person would not be prudent for some or all persons due to a public health emergency or other unforeseen circumstance affecting the city. B. The chairperson of any committee of any City board or commission, after consultation with the chairperson and staff liaison of such board or commission, may determine that such committee will conduct any committee meeting in whole or in part by Remote Technology so as to provide reasonably available participation by members of the committee and observation by the public, consistent with the requirements of this Ordinance, because meeting in person would not be prudent for some or all persons due to a public health emergency or other unforeseen circumstance affecting the city. -8- C. Regardless of the determination made under Subsection 6.A or 6.B, as applicable, any member of any board or commission concerned about their own or others’ health or safety is entitled to participate by Remote Technology is entitled to participate by Remote Technology in any regular meeting or special meeting of such board or commission, or any meeting of any related committee of which they are a member, in a manner consistent with the requirements of this Ordinance, if such member requests to do so by notifying the staff liaison for their board or commission no less than thirty-six (36) hours in advance of the meeting. D. Participation by a City board or commission member, or a member of a committee thereof, in a meeting conducted by Remote Technology shall constitute presence and actual attendance for purpose of establishing a quorum, provided the following conditions are met: 1. All members of the board or commission participating in the meeting can see and hear one another or, if circumstances preclude an arrangement that would allow visual communication, hear one another; 2. All members of the board or commission participating in the meeting can see, hear or read all discussion, comment and testimony in a manner designed to provide maximum information sharing and, to the extent applicable, participation; 3. Members of the public have equivalent access to all discussion, comment and testimony, and to all votes and other dialogue, in a manner designed to provide maximum information sharing and participation; 4. All votes must be conducted by roll call; and 5. All other meeting-related requirements must be met, including advance notice with an explanation of how members of the board or commission and the public may participate and stating the right of the public to monitor the meeting, as well as the recording and preparation of meeting minutes. E. The staff liaison for the board or commission, or a committee thereof, or their designee shall initiate the meeting by Remote Technology not more than forty-five (45) minutes and not less than fifteen (15) minutes prior to the scheduled time of the meeting. F. In addition to the requirements set forth in this Section, the requirements of Section 4 of Ordinance No. 061, as amended by this Ordinance, shall apply to any Quasi- Judicial Hearing conducted by a City board or commission or a committee thereof using Remote Technology. G. If during any meeting of a board or commission or a committee thereof the presiding officer determines that the Remote Technology in use is not functioning -9- sufficiently to meet the conditions above during any particular item or meeting, the board or commission must continue such item or meeting to allow for improved technologies or other arrangements. Section 7. City Council may, by the adoption by Resolution of an updated Boards and Commissions Manual, update and supersede the provisions of this Ordinance, provided Council expressly states its intent to do so. 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. Section 9. This Ordinance shall supersede and replace in all respects Ordinance No. 061, 2020. Introduced, considered favorably on first reading, and ordered published this 2nd day of June, A.D. 2020, and to be presented for final passage on the 16th day of June, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of June, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY June 2, 2020 City Council STAFF Darin Atteberry, City Manager Jim Byrne, Office of Emergency Management SUBJECT Emergency Ordinance No. 080, 2020 Approving Emergency Rules and Regulations Enacted by the City Manager Pursuant to the Local COVID-19 Emergency. EXECUTIVE SUMMARY THIS ITEM HAS BEEN REVISED. The purpose of this item is to approve an emergency rule and regulation 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 Council. This Emergency Ordinance seeks Council’s approval and ratification of all the emergency measures that have been enacted since the most recent Council action on May 5. Adoption by ordinance will ensure that each of the regulations is enforceable to the fullest extent of the law. 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. On May 5, Council adopted Emergency Ordinance No. 070, 2020, affirming and ratifying all the Emergency Rules and Regulations and approving Emergency Rules and Regulations Nos. 2020-014 and 2020-015A, and on May 19, Council adopted Emergency Ordinance No. 073, 2020, approving Emergency Rules and Regulations No. 2020-016, regarding the process for review and recommendation of CDBG-CV funds. This Emergency Ordinance approves the additional Emergency Rules and Regulations since enacted. Since the most recent Council approval, the City Manager has issued the following additional emergency rules and regulations in order to protect the health and safety of City residents and visitors, as follows: Agenda Item 9 Item # 9 Page 2 • Emergency Regulation No. 2020-017, authorizing the City Engineer to approve temporary outdoor expansion permits for fixed eating, drinking and retail establishments, on public and private property, subject to certain conditions; and • Emergency Regulation No. 2020-018, extending and amending the prior Emergency Regulation mandating the wearing of face coverings in certain 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 imposing other requirements. As noted in Emergency Ordinance No. 2020-018, the City Manager has determined that the enforcement of violations of Emergency Regulation No. 2020-018 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. 2020-018 as civil infractions has also been added to the Ordinance. -1- EMERGENCY ORDINANCE NO. 080, 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 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 -2- 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 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 -3- 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, at its regular meeting on May 5, 2020, the City Council adopted Emergency Ordinance No. 070, 2020, approving the Emergency Rules and Regulations that as of that date been issued by the City Manager, including the following: a. Emergency Regulation No. 2020-013 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. Amended Emergency Regulation No. 2020-015A, 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, at its regular meeting on May 19, 2020, the City Council adopted Emergency Ordinance No. 073, 2020, approving the Emergency Rules and Regulations that had been issued by the City Manager since the prior Council action, including the following: a. Emergency Regulation No. 2020-016, waiving the requirement set forth in City Code Section 2-183(4) that proposed uses of Community Development Block Grant funds received from the Department of Housing and Urban Development be submitted to the Community -4- Development Block Grant Commission (“CDBG Commission”) for recommendations to City Council regarding the use of said funds, for proposed expenditures of special Community Development Block Grant Coronavirus (“CDBG-CV”) funds. In lieu of submission of the proposed use of CDBG-CV funds to the CDBG Commission, the Director of Social Sustainability (“Director”) or their designee shall consult with appropriate City staff regarding the effective use of the CDBG-CV funds consistent with the CDBG-CV program objectives and then submit recommendations to City Council for consideration; WHEREAS, since the Council’s adoption of Emergency Ordinance No. 073, 2020, the City Manager has issued additional Emergency Rules and Regulations (collectively referred to as the “New Emergency Rules and Regulations”), as follows: a. Emergency Regulation No. 2020-017, authorizing the City Engineer to approve temporary outdoor expansion permits for fixed eating, drinking and retail establishments, on public and private property, subject to certain conditions; and b. Emergency Regulation No. 2020-018, extending and amending the prior Emergency Regulation mandating the wearing of face coverings in certain 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 imposing other requirements; 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. 2020-018) 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. 2020-018 as civil infractions rather than criminal misdemeanors to the extent permitted by law 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. -5- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above 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 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, including modifications made by this Ordinance. Section 4. That the City Council hereby approves the enforcement of violations of Emergency Regulation No. 2020-018 as civil infractions under City Code Section 1-15(f) to the extent permitted by law, as an exception to the requirement in City Code Section 2-671(e) that such violations shall be punishable as criminal misdemeanors. Section 5. 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 2nd day of June, 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. 2020-17 Regarding Temporary Outdoor Expansion Permits 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 City Code Section 2- 671(a)(6)a, the following rules and regulations: 1. The purpose of this Emergency Regulation is to authorize the City Engineer to approve temporary outdoor expansion permits (“Outdoor Expansion Permit” or “Permit”) to fixed restaurants, liquor licensed establishments, and retail establishments within the Fort Collins City limits that otherwise meet all applicable Colorado (“State”), Larimer County (“County”), and City requirements for operation and are authorized to be open for public service (with or without a Permit) (“Eligible Establishments”), subject to certain requirements. Neither food trucks nor outdoor vendors qualify as Eligible Establishments since they have no fixed location. 2. The purpose of the Permit is to allow Eligible Establishments to temporarily expand their existing premises into a defined area (the “Expansion Area”) on City or private property adjacent to or in the immediate vicinity of their fixed location, thereby facilitating the ability of the Establishment to conduct business while maintaining required physical or social distancing and safety for the public when an Eligible Establishment resumes public service and operates as permitted by State and County public health regulations. City property available for an Expansion Area is limited to City rights-of-way, including sidewalks, streets, and parking spaces or lots. 3. Applicants for the Outdoor Expansion Permits must comply with all current and applicable State, County, and local regulations to be considered for approval. Such regulations include, but are not limited to: a. State Emergency Regulations 47-302 1 C.C.R. 203-2 which allows for on-premises liquor licenses to temporarily expand their licensed premises into sidewalks, streets, and parking lots to increase social distancing measures; Emergency Rules and Regulations No. 2020-17 May 28, 2020 Page 2 of 4 b. State and County Public Health Orders, State Executive Orders and other State and County emergency orders in effect from time to time; and c. Other local rules and regulations. 4. A City Outdoor Expansion Permit issued under this Emergency Regulation Udoes not Uauthorize or license the service of alcohol in the Expansion Area. UApplicants wishing to serve alcohol in an Expansion Area are responsible for obtaining from the local and State liquor licensing authority approval for any modification to an existing liquor license necessary to permit liquor service in the Expansion Area. 5. An Outdoor Expansion Permit issued under this Emergency Regulation is expressly subject to all Terms, Conditions and Procedural Requirements set forth on Exhibit A attached hereto. 6. An Outdoor Expansion Permit issued under this Emergency Regulation shall be effective only when the Eligible Establishment is otherwise permitted to be open to the public under applicable State, County, and City regulations. 7. Outdoor Expansion Permit applications shall be submitted and processed as follows: a. Applications shall be submitted to via the City’s website at 28TUhttps://www.surveygizmo.com/s3/5608953/Fort-Collins-Outdoor-Dining- Encroachment-ApplicationU28T. b. The permit application will also require verification by the applicant satisfactory to the City Engineer that the proposed operation is in compliance with all applicable State and County regulations for operation of the Eligible Establishment and has obtained or prior to operation will obtain all State and County approvals or permits required for operation of the Eligible Establishment. Applicants will be notified of the issuance or denial of a Permit at and any issued Permit shall be delivered by email to the email address set forth on the application. c. Receipt of an email from the City Engineer initially approving the map and set-up reflected in the application will permit the applicant to set up the Expansion Area as shown on the application. Before operating in the Expansion Area, the applicant must email one or more photos of the completed set-up to the City Engineer to verify it complies with proposed set-up in application and plans. The City Engineer or their designee may inspect the Expansion Area in person at any time, in their discretion, to verify compliance. Upon the City Engineer’s approval and issuance of Permit, the applicant may then occupy the Expansion Space. 8. Outdoor Expansion Permit applications will be reviewed by relevant City Departments and ultimately approved or denied by the City Engineer in consultation with Poudre Fire Authority. In order to approve an application, the City Engineer must determine that granting an application would not be detrimental to the public good and that: a. The Eligible Establishment meets all applicable City requirements for operating. Emergency Rules and Regulations No. 2020-17 May 28, 2020 Page 3 of 4 b. Any requested closure of a public right-of-way or publicly accessible portions of private property such as sidewalks, parking spaces and drive aisles to accommodate the expansion of an establishment can be done in a manner that: i. Ensures the closure is safe; ii. Sufficiently mitigates impacts to the public’s ability to safely and conveniently bypass the proposed closure; and iii. Complies with all applicable laws including, but not limited to, the American with Disabilities Act (ADA). c. Any requested expansion into the public right-of-way or onto private property: i. Maintains adequate emergency access to the Eligible Establishment and other properties in the vicinity; and ii. Is compatible with the activities, whether commercial, industrial, or residential, being conducted on properties in the vicinity of the establishment. 9. The City Engineer’s decision to issue or deny a requested Permit is final and not subject to any administrative or other appeal to the City. If a Permit is denied the applicant may reapply based on the comments provided by the City Engineer. There will likely be some instances where the City will not be able to approve a proposed Expansion Area based on safety and/or compatibility issues. 10. Outdoor Expansion Permits will be issued to an Eligible Establishment on an individual basis and are non-transferable and site specific. The City Engineer has the discretion to impose site specific conditions on any Outdoor Expansion Permit in order to assure compliance with the requirements set forth above and to protect public safety. 11. Outdoor Expansion Permits are revocable and subject to the following provisions regarding termination: a. Permits will terminate on the earlier of the termination of the declared local emergency or September 27, 2020. All furniture, fixtures and equipment (“FF&E”) shall be removed and damage repaired by the Eligible Establishment on or before October 4, 2020, unless terminated sooner. b. Permits are revocable at any time by the City Engineer prior to the date above in the discretion of the City Engineer with or without cause after ten (10) days’ notice, except that the City Engineer may summarily suspend or terminate any Permit without ten (10) days’ advance notice in the interest of public health or safety. i. Any notice of revocation of the Permit will be sent by email to the Establishment’s email address on the Permit application. ii. The Eligible Establishment shall terminate operation in the Expansion Area immediately after receipt of notice revoking the Permit and remove all FF&E from and repair all damage to the Expansion Area within 48 hours of receipt of such notice. Emergency Rules and Regulations No. 2020-17 May 28, 2020 Page 4 of 4 12. Approved Outdoor Expansion Permits are intended to be a stand-alone permit for the Expansion Area and will temporarily supersede conflicting provisions of the Municipal Code and Land Use Code requiring other permits or approvals for the use of the Expansion Area on public or private property expressly authorized by a Permit, including but not limited to: a. City Code Chapter 5 - Buildings and Building Regulation. b. City Code Chapter 15 - Licenses and Business Regulations: Article XIII: Section 15 Right of Way Contractors and Article XIV: Section 15 Outdoor Vendors. c. City Code Chapter 23 - Public Property: Article III: Section 23 Obstructions and Encroachments, Divisions 1 (General), 2 (Obstructions) and 3(Encroachments). d. City Code Chapter 23 - Public Property: Article IV: Section 23 Disposition of Property, Division 2 – Real Property. e. City Code Chapter 24 Streets and Sidewalks: Article II: Section 24 – Sidewalk, Division 2 – Sidewalks, Curbs, Gutters; Article II: Section 24 Streets, Article IV: Section 24 Portable Signs. f. City of Fort Collins Land Use Code Articles 3 and 4. 13. I find that this emergency rule and regulation is reasonable and necessary to promote public safety and support economic recovery caused by the COVID-19 Pandemic. This emergency rule and regulation promotes the health, safety and welfare of the public because it will provide an expedited way for the City’s economy to recover, bolster the economic health of residents, and ensure public health and safety concerns are prioritized. 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. DATED this ____ day of May, A.D. 2020. __________________________________ Darin A. Atteberry, City Manager Emergency Regulation 2020-17 Exhibit A UProcedural Requirements Outdoor Expansion Permit Applications UmustU include: 1. A map with of the proposed Expansion Area showing specific areas, defined boundaries, dimensions and distances from the Eligible Establishment’s existing premises, and the location of all furniture, fixtures, and equipment to be located within the Expansion Area. All seating shall be at least six (6) feet apart and accommodate not more than eight (8) people at a single table. 2. Where applicable, written approval signed by the owner of private property included in any proposed Expansion Area. 3. A certificate of insurance naming the City as an additional insured with respect to the Eligible Establishment’s use of City property, including comprehensive general and where applicable liquor liability insurance in an amount not less than $1M per occurrence. 4. A verification satisfactory to the City Engineer by the applicant that it is in compliance with all applicable State and County for operation of the Eligible Establishment and has obtained or prior to operation will obtain all State and County approvals or permits required for operation of the Establishment. UTerms & Conditions of Operation 1. Receipt of an email from the City Engineer initially approving the map and set-up reflected in the application will permit the applicant to set up the Expansion Area as shown on the application. Before operating in the Expansion Area, the applicant must email one or more photos of the completed set-up to the City Engineer to verify it complies with proposed set-up in application and plans. The City Engineer or their designee may inspect the Expansion Area in person at any time, in their discretion, to verify compliance. Upon the City Engineer’s approval and issuance of Permit, the applicant may then occupy the Expansion Space. 2. The City shall be responsible for placing barriers on City rights-of-way between the Expansion Area and streets open for City traffic. 3. The Eligible Establishment shall be responsible for providing all temporary, free-standing and movable furniture fixtures and equipment (FF&E) and temporary fencing or other boundary makings and/or controls necessary for use of the Expansion Area. No permanent or affixed FF&E is allowed. All FF&E and other personal property placed in the Expansion Area shall remain the sole property of the Eligible Establishment and the Eligible Establishment shall place such property on City Expansion Area at its own risk. The City shall have no liability for loss or damage to such property and the Eligible Establishment waives all claims against the City for such loss or damage. 4. The Eligible Establishment must staff, monitor, and maintain the Expansion Area, including keeping the Expansion Area free of trash and food scraps, clean, sanitized and adequately maintained in compliance with all applicable State, County and City regulations. 5. Electrical, building or fire permits may be required as reflected on the issued Permit. 6. The Eligible Establishment shall not permit the Expansion Area to be used for: a) standing areas that encourage people to congregate; b) outdoor entertainment; or c) pets except service animals per ADA. 7. The Eligible Establishment must close the Expansion Area no later 11 p.m., with table service ending at 10 p.m. The Eligible Establishment may set other hours for permanent portions of the business (indoor and existing permanent patios) as permitted by State, County and City regulations. 8. The Establishment shall comply with all other provisions of Emergency Regulation No. 2020-17. 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. 2020-18 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 replaces Emergency Rule and Regulation No. 2020-15A, approved by the City Council on May 5, 2020, and effective until May 30, 2020, and will become effective upon signing and remain in effect until further notice. 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; 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; Rules and Regulations May 18, 2020 Page 2 of 4 e. Any outdoor seating or patio area of a place that falls within Section 4(a), unless the person is seated for dining or drinking as set forth in Section 6(g); or f. Where otherwise required by State or County order. These requirements shall be in effect within the City regardless of any less restrictive County or State orders or guidance concerning face coverings, including the May 19, 2020, Amended Seventh Public Health Order from Larimer County. 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, however, childcare facilities must still follow any applicable State or County guidance on face coverings; 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, or any other personal service, 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; g) Persons who are eating or drinking at a restaurant when seated for dining or drinking, however, facial coverings must be worn when not seated for eating or drinking, such as waiting for or picking up food or drinks, walking past other tables or going to restroom facilities; or h) Individuals participating in indoor gyms, indoor training services or other indoor recreational activities that are complying with applicable State orders, Larimer County directives and a businesses’ policy on when to wear a face covering within the business. 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. Rules and Regulations May 18, 2020 Page 3 of 4 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. 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 in both the English and Spanish languages 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. Any person with operational control of a property or area covered by this Regulation may notify any person entering that property or area of the requirement to wear a Face Covering and any person who does not comply with such a Face Covering request or with Face Covering signage required under this Regulation must leave the property or area that requires a Face Covering or shall be in violation of this Regulation. 11. Penalties. Any person who violates this Regulation shall be guilty of a criminal misdemeanor pursuant to Section 1-15 of the City Code. The 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. Nothing in this emergency regulation or any related approving ordinance is intended to conflict with penalties for violations under state law, as legally applicable. 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. 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. Rules and Regulations May 18, 2020 Page 4 of 4 14. Amendments. The City Manager may make any additional amendments to this emergency regulation as he deems necessary based on federal, state or county guidance or orders promulgated after this emergency regulation goes into effect, or other changed circumstances. The City Manager will present such amendments for consideration by the City Council at the next available regular Council meeting. DATED this ___ day of May, A.D. 2020. __________________________________ Darin A. Atteberry, City Manager Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY June 2, 2020 City Council STAFF Jim McDonald, Cultural Services Director Ryan Malarky, Legal SUBJECT Resolution 2020-051 Approving Fort Fund Grant Disbursements. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priorities for being on the Council agenda: • Priority 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. • Priority 6 - Items that relate to funding, operation and business activities that the City must continue despite the current crisis. The purpose of this item is to approve Fort Fund grants from the Cultural Development and Programming and Tourism Programming Accounts for the selected community and tourism events, based upon the recommendations of the Cultural Resources Board. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The Fort Fund grant program, established in 1989, disburses lodging tax revenues deposited in the City’s Cultural Development and Programming Account and the Tourism Programming Account in accordance with the provisions of Section 25-244 of the City Code, where 25% of the revenue from the lodging tax fund is applied to the Cultural Development and Programming Account to support cultural events and 75% of revenue from lodging tax is dedicated to the Tourism Programming Account to support tourism events and activities. Local non-profit organizations may apply to Fort Fund for cultural and/or tourism event support. The Cultural Resources Board is authorized to review grant applications based on approved guidelines and make recommendations for Fort Fund disbursements to Council, pursuant to Section 2-203(2) of the City Code. Fort Fund grants support arts and cultural events that enrich the creative vitality of the community, promote local heritage and diversity, provide opportunities for arts and cultural participation, help promote Fort Collins as a cultural center and tourist destination and promote the general welfare of the City’s residents and visitors. May 7, 2020 Funding Session At the funding session held on May 7, 2020, the Cultural Resources Board reviewed eighteen Project Support applications with total requests equaling $199,500. Eighteen applications were found eligible and recommended for the available funding of $155,000. 10 Packet Pg. 81 Agenda Item 10 Item # 10 Page 2 The following table summarizes the Project Support requests, available funds and grant award amounts: Grant Requests Available Funds Grant Awards $199,500 $155,000 $155,000 The Cultural Resources Board reviewed nine Organizational Support applications with total requests equaling $360,000. Nine applications were found eligible and recommended for funding for $240,000. The following table summarizes the Organizational Support requests, available funds and grant award amounts: Grant Requests Available Funds Grant Awards $360,000 $240,000 $240,000 The Cultural Resources Board scored each application using the funding criteria outlined in the Fort Fund Guidelines and discussed the applications at its May 7, 2020 meeting. The Board discussion is outlined in the draft minutes (Attachment 1). The Board is recommending disbursement of $395,000 to the eligible applicants as outlined in the funding plan as Exhibit A to the Resolution. CITY FINANCIAL IMPACTS This Resolution would distribute $395,000 from the Cultural Development and Programming and Tourism Programming Accounts to local non-profit organizations. Each grantee organization must provide funds to match the grant amount. These funds were budgeted and appropriated in the 2020 budget. Lodging tax is collected pursuant to Section 25-242 of the City Code. BOARD / COMMISSION RECOMMENDATION The Cultural Resources Board is presenting these recommendations to Council for the purpose of public arts and cultural programs and organizations receiving funding at the recommended grant amounts from the Cultural Development and Programming Account and Tourism Programming Accounts revenues. Exhibit A to the Resolution presents the allocations recommended by the Cultural Resources Board to Council for Project Support and Organizational Support funding. ATTACHMENTS 1. Cultural Resources Board Minutes May 7, 2020 (draft) (PDF) 10 Packet Pg. 82 Cultural Resources Board SPECIAL MEETING Thursday, May 7, 2020 – 11:00 a.m. Remote Meeting via Zoom due to COVID-19 05/07/20 – MINUTES Page 1 1. CALL TO ORDER: 11:00 A.M. 2. ROLL CALL • Board Members Present – Tedi Cox, Will Flowers (Chair), Zackery Klassen, Vicki Fogel Mykles (Vice Chair), Aquiles Quiroga, Jesse Solomon, Jennifer Zidon • Board Members Absent – None • Staff Members Present - Jim McDonald, Liz Irvine, Jaime Jones • Guests: Katy Schneider, Director of Marketing, Visit Fort Collins 3. AGENDA REVIEW 4. CITIZEN PARTICIPATION • Lili Francuz- Informed the Board that the Fort Collins Museum of Art is having their mask fundraiser. This event is being conducted virtually. 5. APPROVAL OF MINUTES • Consideration and approval of the minutes from February 27, 2020. Jesse Solomon made a motion to accept the minutes. Jennifer Zidon seconded the motion. The motion passed unanimously. Approved by roll call, Ayes: Tedi Cox, Will Flowers, Zackery Klassen, Vicki Fogel Mykles, Aquiles Quiroga, Jesse Solomon, Jennifer Zidon. 6. UNFINISHED BUSINESS • None 7. NEW BUSINESS • Fort Fund Project Support Grant Review and Funding Recommendations o The Board reviewed 18 Project Support applications. The Board recommended funding to 18 organizations for a total of $155,000. Vicki Fogel Mykles made a motion to accept the funding recommendations. Jennifer Zidon seconded the motion. The motion passed unanimously. Approved by roll call, Ayes: Tedi Cox, Will Flowers, Zackery Klassen, Vicki Fogel Mykles, Aquiles Quiroga, Jesse Solomon, Jennifer Zidon. The recommendations are listed below: ATTACHMENT 1 10.1 Packet Pg. 83 Attachment: Cultural Resources Board Minutes May 7, 2020 (draft) (9132 : Fort Fund May 2020) Cultural Resources Board SPECIAL MEETING Thursday, May 7, 2020 – 11:00 a.m. Remote Meeting via Zoom due to COVID-19 05/07/20 – MINUTES Page 2 • Fort Fund Organizational Support Grant Review and Funding Recommendations o The Board reviewed 9 Organizational Support applications. The Board recommended funding to 9 organizations for a total of $240,000. Jennifer Zidon made a motion to accept the funding recommendations. Vicki Fogel Mykles seconded the motion. The motion passed unanimously. Approved by roll call, Ayes: Tedi Cox, Will Flowers, Zackery Klassen, Vicki Fogel Mykles, Aquiles EXHIBIT A FORT FUND GRANT PROGRAM MAY 2020 APPLICANT PROPOSED EVENT/DATE FUNDING REQUESTS CULTURAL DEVELOPMENT & PROGRAMMING TOURISM PROGRAMMING UNFUNDED BALANCE PERCENT OF REQUEST FUNDED ACT Human Rights Film Festival 2021 ACT Human Rights Film Festival Colorado State University Dates: April 9-17, 2021 15,000.00 11,471.00 3,529.00 76% Centennial Children's Chorus Centennial Children's Chorus 2020-2021 Season (9 Performances) Dates: 2020-2021 Season 15,000.00 11,471.00 3,529.00 76% Colorado Bach Ensemble Colorado Bach Ensemble's 2020-2021 Season (5 plus Performances) Dates: 2020-20201 Season 15,000.00 11,471.00 3,529.00 76% Dance Express Dance Arts Accessibilty 2020-2021 (9 plus Performances) Dates: 2020-2021 Season 12,000.00 9,717.00 2,283.00 81% Debut Theatre Company Children's Theatre 2020-2021 Season (18 plus Performances) Dates: 2020-2021 Season 5,000.00 3,599.00 1,401.00 72% Foothills Pops Band Foothill Pops Band 2020-2021 Season (5 Performances) Dates: 2020-2021 Season 5,000.00 3,599.00 1,401.00 72% Fort Collins Book Festival Booked for Adventure 10/2020-11/2020 (Multiple Events) Poudre River Public Library District Dates: October 15-Nov 20, 2020 12,000.00 9,717.00 2,283.00 81% Fort Collins Comic Con Fort Collins Comic Con 2020 Poudre River Public Library District Dates: August 29-30, 2020 15,000.00 12,146.00 2,854.00 81% Fort Collins Community Ventures Fortoberfest 2020 Downtown Business Association Dates: September 19, 2020 12,500.00 9,560.00 2,940.00 76% Fort Collins Wind Symphony Fort Collins Wind Symphony 2020-2021 Season (4 Performances) Dates: 2020-2021 Season 5,000.00 3,824.00 1,176.00 76% Friends of the Gardens on Spring Creek 2020 Events (Halloween Enchanted Garden, Garden of Lights) Dates: October 31, December 2020 15,000.00 12,146.00 2,854.00 81% Front Range Chamber Players Front Range Chamber Players 2020-2021 Season (7 Performances) Dates: 2020-2021 Season 11,000.00 8,412.00 2,588.00 76% Health and Wellness Community Orchestra Health and Wellness Community Orchestra (3 Performances) Front Range Community College Foundation Dates: October 2020, March and June 2021. 5,000.00 3,599.40 1,400.60 72% IMPACT Dance Company IMPACT Dance Company 2020-2021 Season (4 plus Performances) Dates: 2020-2021 Season 15,000.00 11,471.40 3,528.60 76% New Horizons Band of Northern Colorado New Horizons Band 2020-2021 Season (Multiple Concerts) Dates: 2020-2021 Season 6,000.00 4,589.40 1,410.60 76% Poudre Landmarks Foundation, Inc. Poudre Landmarks Foundation 2020-2021 (7 plus events) Dates: 2020-2021 Season 15,000.00 12,146.40 2,853.60 81% Six Degrees Dance Collaborative Unsolved Mysteries Colorado: (Multiple Events) Dates: October, 2020 6,000.00 4,589.40 1,410.60 76% Cultural Resources Board SPECIAL MEETING Thursday, May 7, 2020 – 11:00 a.m. Remote Meeting via Zoom due to COVID-19 05/07/20 – MINUTES Page 3 Quiroga, Jesse Solomon, Jennifer Zidon. The recommendations are listed below. 8. BOARD MEMBER REPORTS: • Jesse Solomon attended the “Musical Zoo” event put on by the Friends of the Fort Collins Symphony on March 1, 2020. • Vicki Fogel Mykles updated the Board regarding the Fort Collins Symphony. They are adjusting their programs because of COVID-19. 9. OTHER BUSINESS: • Jim McDonald updated the Board on active grants. Active grantees are being asked to inform him on the status of their events. This will also be asked of by the potential new Project Support and Organizational Support grantees. • Katy Schneider, Director of Marketing, Visit Fort Collins gave an update regarding the State Budget Process There is potential for the elimination of the Gaming Fund. This would directly impact Colorado Creative Industries and State-wide tourism support. 10. ADJOURNMENT: • Jesse Solomon made a motion to adjourn at 11:42 p.m. Jennifer Zidon seconded motion. The motion passed unanimously. Approved by roll call, Ayes: Tedi Cox, Will EXHIBIT A FORT FUND GRANT PROGRAM MAY 2020 APPLICANT PROPOSED EVENT/DATE FUNDING REQUESTS CULTURAL DEVELOPMENT & PROGRAMMING TOURISM PROGRAMMING UNFUNDED BALANCE PERCENT OF REQUEST FUNDED Bas Bleu Theatre Company 2020-2021 Season 40,000.00 26,503.00 13,497.00 66% Canyon Concert Ballet 2020-2021 Season 40,000.00 26,503.00 13,497.00 66% Fort Collins Museum of Discovery 2020-2021 Exhibitions and Programming 40,000.00 29,448.00 10,552.00 74% Fort Collins Symphony Association 2020-2021 Season 40,000.00 26,503.00 13,497.00 66% Larimer Choral Society 2020-2021 Season 40,000.00 26,503.00 13,497.00 66% Museum of Art | Fort Collins 2020-2021 Exhibitions and Programming 40,000.00 26,503.00 13,497.00 66% OpenStage Theatre & Company, Inc. 2020-2021 Season 40,000.00 26,503.00 13,497.00 66% Opera Fort Collins, Inc. 2020-2021 Season 40,000.00 25,031.00 14,969.00 63% The Center for Fine Art Photography 2020-2021 Exhibitions and Programming 40,000.00 26,503.00 13,497.00 66% Totals 360,000.00 240,000.00 - 120,000.00 67% Scores are based on application materials and Fort Fund's "Criteria for Funding." Recommended Funding Fort Fund Organizational Support 10.1 Packet Pg. 85 Cultural Resources Board SPECIAL MEETING Thursday, May 7, 2020 – 11:00 a.m. Remote Meeting via Zoom due to COVID-19 05/07/20 – MINUTES Page 4 Flowers, Zackery Klassen, Vicki Fogel Mykles, Aquiles Quiroga, Jesse Solomon, Jennifer Zidon. Respectfully submitted, Liz Irvine Business Support III 10.1 Packet Pg. 86 Attachment: Cultural Resources Board Minutes May 7, 2020 (draft) (9132 : Fort Fund May 2020) -1- RESOLUTION 2020-051 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING FORT FUND GRANT DISBURSEMENTS WHEREAS, providers of lodging accommodations in the City are required by Section 25-250 of the City Code to pay three percent of all revenues derived from such lodging accommodations to the City as a lodging tax; and WHEREAS, pursuant to Section 25-244 of the City Code, twenty-five percent of those revenues are reserved for cultural development and programming, and seventy-five percent of all revenues received by the City from lodging tax are reserved for promotion of convention and visitor activities; and WHEREAS, pursuant to Section 25-244 of the City Code, the Community Cultural Development and Programming Account was established for the purpose of funding cultural development and programming activities, and the Tourism Programming Account was established for the purpose of funding tourist-related special events; and WHEREAS, the City disburses funds from the City's Cultural Development and Programming Account and Tourism Programming Account in accordance with Sections 2- 203(2) and 25-244 of the City Code through its Fort Fund Program; and WHEREAS, the City's Cultural Resources Board reviews applications from the community for Fort Fund monies and makes recommendations to the City Council in accordance with Section 2-203(2) of the City Code, and in accordance with the administrative guidelines for the Fort Fund program (the “Fort Fund Guidelines”); and WHEREAS, at its regular meeting on May 7, 2020, the Cultural Resources Board recommended funding for various proposals based on the criteria and considerations set forth in Section 2-203 of the City Code and the Fort Fund Guidelines; and WHEREAS, the use of lodging tax revenues will provide a public benefit to the Fort Collins community by supporting cultural development and public programming activities within the City that promote the use of public accommodations within the City; and WHEREAS, the City Council wishes to approve Fort Fund grant disbursements as set forth in Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Packet Pg. 87 -2- Section 2. That the City Council hereby finds that the distribution of funds through the Fort Fund program as set forth on Exhibit “A” will promote the cultural and economic health of the community and in doing so will serve a recognized and valuable public purpose. Section 3. That funds in the total amount of THREE HUNDRED NINETY-FIVE THOUSAND DOLLARS ($395,000), comprised of $337,530.60 from the City's Cultural Development and Programming Account and $57,469.40 from the Tourism Programming Account, are hereby approved for distribution as set forth in Exhibit “A”. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd day of June, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 88 EXHIBIT A FORT FUND GRANT PROGRAM MAY 2020 APPLICANT PROPOSED EVENT/DATE FUNDING REQUESTS CULTURAL DEVELOPMENT & PROGRAMMING TOURISM PROGRAMMING UNFUNDED BALANCE PERCENT OF REQUEST FUNDED ACT Human Rights Film Festival 2021 ACT Human Rights Film Festival Colorado State University Dates: April 9-17, 2021 15,000.00 11,471.00 3,529.00 76% Centennial Children's Chorus Centennial Children's Chorus 2020-2021 Season (9 Performances) Dates: 2020-2021 Season 15,000.00 11,471.00 3,529.00 76% Colorado Bach Ensemble Colorado Bach Ensemble's 2020-2021 Season (5 plus Performances) Dates: 2020-20201 Season 15,000.00 11,471.00 3,529.00 76% Dance Express Dance Arts Accessibilty 2020-2021 (9 plus Performances) Dates: 2020-2021 Season 12,000.00 9,717.00 2,283.00 81% Debut Theatre Company Children's Theatre 2020-2021 Season (18 plus Performances) Dates: 2020-2021 Season 5,000.00 3,599.00 1,401.00 72% Foothills Pops Band Foothill Pops Band 2020-2021 Season (5 Performances) Dates: 2020-2021 Season 5,000.00 3,599.00 1,401.00 72% Fort Collins Book Festival Booked for Adventure 10/2020-11/2020 (Multiple Events) Poudre River Public Library District Dates: October 15-Nov 20, 2020 12,000.00 9,717.00 2,283.00 81% Fort Collins Comic Con Fort Collins Comic Con 2020 Poudre River Public Library District Dates: August 29-30, 2020 15,000.00 12,146.00 2,854.00 81% Fort Collins Community Ventures Fortoberfest 2020 Downtown Business Association Dates: September 19, 2020 12,500.00 9,560.00 2,940.00 76% Fort Collins Wind Symphony Fort Collins Wind Symphony 2020-2021 Season (4 Performances) Dates: 2020-2021 Season 5,000.00 3,824.00 1,176.00 76% Friends of the Gardens on Spring Creek 2020 Events (Halloween Enchanted Garden, Garden of Lights) Dates: October 31, December 2020 15,000.00 12,146.00 2,854.00 81% Front Range Chamber Players Front Range Chamber Players 2020-2021 Season (7 Performances) Dates: 2020-2021 Season 11,000.00 8,412.00 2,588.00 76% Health and Wellness Community Orchestra Health and Wellness Community Orchestra (3 Performances) Front Range Community College Foundation Dates: October 2020, March and June 2021. 5,000.00 3,599.40 1,400.60 72% IMPACT Dance Company IMPACT Dance Company 2020-2021 Season (4 plus Performances) Dates: 2020-2021 Season 15,000.00 11,471.40 3,528.60 76% New Horizons Band of Northern Colorado New Horizons Band 2020-2021 Season (Multiple Concerts) Dates: 2020-2021 Season 6,000.00 4,589.40 1,410.60 76% Poudre Landmarks Foundation, Inc. Poudre Landmarks Foundation 2020-2021 (7 plus events) Dates: 2020-2021 Season 15,000.00 12,146.40 2,853.60 81% Six Degrees Dance Collaborative Unsolved Mysteries Colorado: (Multiple Events) Dates: October, 2020 6,000.00 4,589.40 1,410.60 76% Trees, Water & People Faces of Migration & Climate Change (Multiple Events) Dates: September, 2020 15,000.00 11,471.00 3,529.00 76% Totals 199,500.00 97,530.60 57,469.40 44,500.00 78% Approved Funding Fort Fund Project Support Scores are based on application materials and Fort Fund's "Criteria for Funding." 1 Packet Pg. 89 Attachment: Exhibit A (9135 : Fort Fund May 2020 RESO) EXHIBIT A FORT FUND GRANT PROGRAM MAY 2020 APPLICANT PROPOSED EVENT/DATE FUNDING REQUESTS CULTURAL DEVELOPMENT & PROGRAMMING TOURISM PROGRAMMING UNFUNDED BALANCE PERCENT OF REQUEST FUNDED Approved Funding Fort Fund Project Support EXHIBIT A FORT FUND GRANT PROGRAM MAY 2020 APPLICANT PROPOSED EVENT/DATE FUNDING REQUESTS CULTURAL DEVELOPMENT & PROGRAMMING TOURISM PROGRAMMING UNFUNDED BALANCE PERCENT OF REQUEST FUNDED Bas Bleu Theatre Company 2020-2021 Season 40,000.00 26,503.00 13,497.00 66% Canyon Concert Ballet 2020-2021 Season 40,000.00 26,503.00 13,497.00 66% Fort Collins Museum of Discovery 2020-2021 Exhibitions and Programming 40,000.00 29,448.00 10,552.00 74% Fort Collins Symphony Association 2020-2021 Season 40,000.00 26,503.00 13,497.00 66% Larimer Choral Society 2020-2021 Season 40,000.00 26,503.00 13,497.00 66% Museum of Art | Fort Collins 2020-2021 Exhibitions and Programming 40,000.00 26,503.00 13,497.00 66% OpenStage Theatre & Company, Inc. 2020-2021 Season 40,000.00 26,503.00 13,497.00 66% Opera Fort Collins, Inc. 2020-2021 Season 40,000.00 25,031.00 14,969.00 63% The Center for Fine Art Photography 2020-2021 Exhibitions and Programming 40,000.00 26,503.00 13,497.00 66% Totals 360,000.00 240,000.00 - 120,000.00 67% Scores are based on application materials and Fort Fund's "Criteria for Funding." Fort Fund Organizational Support Approved Funding 1 Packet Pg. 90 Attachment: Exhibit A (9135 : Fort Fund May 2020 RESO) Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY June 2, 2020 City Council STAFF Sue Beck-Ferkiss, Social Policy and Housing Program Manager Jackie Kozak-Thiel, Chief Sustainability Officer Ingrid Decker, Legal SUBJECT Resolution 2020-052 Authorizing the Assignment of the City’s Private Activity Bond Allocation for 2020 to Housing Catalyst and Mercy Housing to Finance the New Construction and Rehabilitation of Affordable Housing Units. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priorities for being on the Council agenda: • Priority 7 - Items that are required to comply with federal or state legal or other requirements. The purpose of this item is to support the new construction and rehabilitation of affordable housing at several locations in the City by assigning the City’s 2020 Allocation of Private Activity Bond (PAB) capacity. PAB capacity is required for development projects using state or federal 4% Low-Income Housing Tax Credit financing. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND/DISCUSSION The State of Colorado Private Activity Bond (PAB) allocation program is established by the Colorado Private Activity Bond Ceiling Allocation Act, Colorado Revised Statutes Section 24-32-1707, et seq., (the Allocation Act). PABs are tax-exempt bonds that can be issued by eligible authorities. The proceeds of the sale of the bonds may be used for specific purposes as determined by the Internal Revenue Service. Permitted purposes include, but are not limited to, affordable housing development and rehabilitation. Historically, PAB financing has also been used by the City for economic and industrial development purposes. In 2020, the total amount available statewide is $604,667,280. Fifty percent of the state ceiling is allocated directly to statewide authorities and the other half is allocated directly to local governments based on population size. The City has been notified that, pursuant to Section 24-32-1706 of the Allocation Act, its allocation of the state ceiling for 2020 is $8,885,119. (Attachment 1) PAB capacity is merely the authority to take on debt and is not an allocation of funding. The City will not incur debt by assigning this allocation and this will not affect the City's credit rating. If a local government does not issue bonds or assign the bond cap to an eligible entity for a local project or projects by September 15 annually, the City allocation automatically reverts to the state’s pool of available bond capacity. The Colorado Housing and Finance Authority (CHFA) offers a 4% Low Income Tax Credit Program which is a financing mechanism for the development and rehabilitation of affordable housing. CHFA requires these types of financing deals to include private activity bonds. Historically, Fort Collins had assigned its annual allocation 11 Packet Pg. 91 Agenda Item 11 Item # 11 Page 2 on a first come, first served basis. From 2009 through 2012, the Fort Collins allocation was not used locally and therefore reverted to the state’s pool of available bond capacity. In 2013, 2014, 2015 and 2017 the City assigned its full allocation to the Fort Collins Housing Authority, now Housing Catalyst (HC), for the rehabilitation of affordable rental housing units. In 2016, the PAB was assigned to CHFA for the benefit of two local affordable housing projects. As of 2018, the City implemented an application process for requesting the City’s annual allocation of PAB. The guidelines are set forth in the City’s General Financial Policies. Applications are due annually by March 15 and are reviewed by the City PAB committee. Finance policy states that the following factors be considered when making a recommendation for allocation of PAB capacity: • How well the project meets the land use, economic development and/or affordable housing goals of the City. • Project feasibility and timing. • Leverage of other investment into the project. • Maintenance of or increase in local tax base. • Competing uses for the City’s allocation. • Whether the City’s allocation should be used in multiple projects. • Whether the application should be considered by any City Board or commission. Interest historically has been limited to one or two applications per year. This year, there was unprecedented interest in the City’s PAB allocation. The City received four applications seeking more than $44 million in PAB capacity for the almost $8.9 million available. Some of these applications were for multiple projects. Two of the projects are new construction and the others were for rehabilitation or preservation of existing homes. The 2020 applications can be summarized as follows: Applicant Requested amount total Per project request PAB already secured Project Number of units New/Preserve Housing Catalyst $4.77M $2.61M $10M Swallow/Care 84 Both: 40 Preserved/44 New Restrictions $2.16M $12M Oak St. 78 New Neighbor to Neighbor $10M n/a Coachlight 68 Preserve n/a Aztec Apts 4 Preserve n/a Conifer 1 4 Preserve n/a Conifer 2 4 Preserve Mercy Housing $5.77M $5.77M $2.6M (Larimer County) Northfield 84 New Logan Capital Advisors $24M $13.5M Oakbrook 1 107 Preserve $10.5M Oakbrook 2 100 New Restrictions See Attachment 2 for project locations. Agenda Item 11 Item # 11 Page 3 City PAB Committee’s Findings The City’s PAB committee made up of staff representatives from Social Sustainability, Economic Health and Finance met and considered the four applications and made the following findings: • All applications were for worthwhile projects. • Adding restricted housing to the City’s affordable housing inventory is a current City priority. New construction requires less relocation of tenants which is an advantage in this time of COVID-19. • Applications for projects that already have some PAB committed showed leveraging and this indicates project feasibility and readiness. • The Committee favored using the 2020 allocation in multiple projects. • The Committee decided to once again bring recommendations to the Affordable Housing Board. PAB Committee 2020 Recommendations Based on the criteria listed in the Finance Policy and the City’s affordable housing goals, the Committee recommends partial funding of two applications allocating the City’s 2020 PAB capacity of $8,885,119 as follows: • $3,885,119 to Housing Catalyst for both new construction and rehabilitation of affordable housing • $5,000,000 to Mercy Housing for new construction of affordable housing This supports financing for 162 new homes and 84 home renovations. In this case, the renovation project will not only result in newly renovated units owned and operated by CARE Housing (a local mission driven non- profit) but will also provide cash proceeds to HC which will be invested in additional new housing construction or renovation. New construction and rehabilitation of affordable rental units is a permissible and beneficial use of the City’s 2020 allocation and supports the outcomes sought by the City’s Affordable Housing Strategic Plan. For HC and Mercy Housing to use the City’s allocation of PAB capacity, Council must adopt a resolution assigning the 2020 PAB allocation to HC and Mercy Housing. HC will issue the bonds for all the qualifying projects. CITY FINANCIAL IMPACTS The City will not issue the Private Activity Bonds and the bonds will not be obligations of the City. The debt service on the bonds will be repaid from revenue generated by the housing developments and does not constitute a debt of the City. This action will not affect the City's credit rating. The construction of 162 new units and the rehabilitation of 84 units will require goods and labor which will benefit the local economy. BOARD OR COMMISSION RECOMMENDATION At its May 5, 2020 meeting, the Affordable Housing Board voted unanimously to support the recommendation of the PAB Committee and the approval of the Resolution. (Attachment 3) PUBLIC OUTREACH The Affordable Housing Board heard this matter at its remote May meeting which was open to the public. The process to seek PAB capacity is detailed on the Social Sustainability Department’s web page and the guidelines are set forth in the City’s General Financial Policies. 11 Packet Pg. 93 Agenda Item 11 Item # 11 Page 4 ATTACHMENTS 1. 2020 Private Activity Bond Direct Allocations (PDF) 2. Affordable Housing Board May 2020 Minutes DRAFT (PDF) 3. Location Map (PDF) 11 Packet Pg. 94 Private Activity Bond Direct Allocations 2020 Colorado Private Activity Bond Direct Allocations Statewide Population in 2019: 5,758,736 Private Activity Bond Cap available in 2020: $604,667,280 Per Capita Multiplier: $105 Table 1: Allocations to Designated Local Issuing Authorities Local Issuer Population Population as % of State Population PAB Cap Denver 717,796 12.61% $38,110,648 Colorado Springs 473,928 8.32% $25,162,725 Aurora 373,334 6.56% $19,821,789 Douglas County 220,627 3.87% $11,713,967 El Paso County 209,852 3.69% $11,141,883 Jefferson County 206,840 3.63% $10,981,962 Fort Collins 167,347 2.94% $8,885,119 Lakewood 156,493 2.75% $8,308,837 Weld County 149,370 2.62% $7,930,661 Thornton 141,062 2.48% $7,489,544 Arapahoe County 136,251 2.39% $7,234,114 Arvada 120,374 2.11% $6,391,135 Westminster 113,537 1.99% $6,028,132 Adams County 113,191 1.99% $6,009,763 Pueblo 111,650 1.96% $5,927,943 Centennial 110,833 1.95% $5,884,566 Greeley 107,026 1.88% $5,682,437 Boulder 106,456 1.87% $5,652,173 Larimer County 98,460 1.73% $5,227,637 Longmont 96,343 1.69% $5,115,234 Mesa County 89,438 1.57% $4,748,623 Loveland 77,226 1.36% $4,100,236 Broomfield 69,453 1.22% $3,687,537 Castle Rock 64,818 1.14% $3,441,446 Grand Junction 64,191 1.13% $3,408,156 Boulder County 61,648 1.08% $3,273,141 Garfield County 59,812 1.05% $3,175,661 Commerce City 58,499 1.03% $3,105,945 Parker 55,764 0.98% $2,960,733 Pueblo County 55,467 0.97% $2,944,965 Eagle County 54,863 0.96% $2,912,898 Littleton 47,929 0.84% $2,544,742 Fremont County 47,917 0.84% $2,544,108 1 ATTACHMENT 1 11.1 Packet Pg. 95 Attachment: 2020 Private Activity Bond Direct Allocations (9134 : Assignment of 2020 Private Activity Bond Allocation) Table 1: Allocations to Designated Local Issuing Authorities (con- tinued) Local Issuer Population Population as % of State Population PAB Cap Brighton 40,629 0.71% $2,157,156 Northglenn 38,870 0.68% $2,063,764 La Plata County 37,343 0.66% $1,982,690 Englewood 34,612 0.61% $1,837,689 Wheat Ridge 31,369 0.55% $1,665,506 Summit County 30,974 0.54% $1,644,537 Delta County 30,935 0.54% $1,642,466 Fountain 30,618 0.54% $1,625,632 Windsor 29,053 0.51% $1,542,540 Lafayette 28,950 0.51% $1,537,071 Morgan County 28,504 0.50% $1,513,394 Elbert County 26,218 0.46% $1,392,020 Montezuma County 26,155 0.46% $1,388,675 Routt County 25,680 0.45% $1,363,455 Erie 25,591 0.45% $1,358,729 Teller County 25,057 0.44% $1,330,378 Montrose County 22,857 0.40% $1,213,570 Logan County 21,856 0.38% $1,160,427 Louisville 21,182 0.37% $1,124,637 Evans 20,972 0.37% $1,113,487 Golden 20,586 0.36% $1,092,993 Chaffee County 20,024 0.35% $1,063,156 Montrose 19,406 0.34% $1,030,342 Durango 19,059 0.33% $1,011,919 These calculations for municipalities and counties utilize population estimates from 2018, as these are the most recent year for which these estimates are available. The population of the state in that year was 5,694,311. Total cap available to designated local issuing authorities and the statewide balance: $302,333,640 Table 2: Allocations to State Issuing Authorities State Issuing Authority PAB Cap Colorado Housing and Finance Authority $292,333,640 Colorado Agricultural Development Authority $10,000,000 Total cap available to the Statewide Balance: $15,928,947 Total cap allocated to all issuing authorities: $604,667,280 2 11.1 Packet Pg. 96 Attachment: 2020 Private Activity Bond Direct Allocations (9134 : Assignment of 2020 Private Activity Bond Allocation) 1. CALL TO ORDER: 4:01 2. ROLL CALL • Board Members Present: Jen Bray, Catherine Costlow, Diane Cohn, Rachel Auldridge, • Recused Board Members: Kristin Fritz, Bob Pawlikowski, Tatiana Zentner • Staff Members Present: Beth Rosen, Yaz Haldeman, Sylvia Tatman-Burruss, Adam Molzer, Lindsay Ex, Sue Beck-Ferkiss, Brittany Depew • Guests: Marilyn Heller, Steve Kuehneman, Jenny Maeda, Dustin Harrington 3. AGENDA REVIEW 4. CITIZEN PARTICIPATION a) Marilyn Heller—League of Women Voters – panel on mobile homes will be next April, at meeting today it was shared that landlords are threatening to evict tenants with steep fines o Sue gave suggestion to visit https://www.fcgov.com/socialsustainability to learn more about governor’s eviction moratorium 5. APPROVAL OF MINUTES Diane moved to approve March minutes. Catherine seconded. Approved unanimously 4-0-0. 6. NEW BUSINESS A. Review of Private Activity Bond Committee’s Recommendations—Sue, Social Sustainability Every year, the Internal Revenue Service (IRS) gives the state of Colorado private activity bond capacity and can be paired with 4% tax credits. City has prioritized affordable housing projects for PABs in the past. Previously, have had enough capacity to meet demand. More projects are using these 4% credits than previously. Received $44.5 million in requests which shows great activity in our community but only have $8.9 million in capacity to provide. Decided to prioritize new construction and projects in better position to move forward. Committee (with representation from Social Sustainability, Finance & Economic Health Office) recommended that Housing Catalyst receive $3.89 million and Mercy Housing receive $5 million. Comments/Q&A: • Diane: Request from Housing Catalyst is a partnership, why did the request just come from them? o Sue: Housing Catslyst is the project manager so they took the lead on the application, and they will be issuing the bonds. ATTACHMENT 2 11.2 Packet Pg. 97 Attachment: Affordable Housing Board May 2020 Minutes DRAFT (9134 : Assignment of 2020 Private Activity Bond Allocation) AFFORDABLE HOUSING BOARD REGULAR MEETING 5/7/2020 – MINUTES Page 2 • Diane: The gap between capacity and request amount is the largest I’ve ever seen. Is CHFA (Colorado Housing & Financing Authority) looking at that? o Sue: There is some discussion about changing the legislation at the federal level. • Jen: When it comes to new construction, are they unable to proceed without PAB? o Sue: The tax credits are contingent on PAB, but there are other possibilities for them to acquire bond capacity. • Diane: What if they don’t get the 4% tax credit? o Sue: Once you have the bonds, it’s not competitive for the 4%. • Jen: I’d feel comfortable going with the committee’s recommendations, but also want to encourage other applicants to apply again in the future. Diane moves to support the Private Activity Bond Committee’s recommendation to allocate bond capacity to Housing Catalyst and Mercy Housing. Catherine seconded. Passed unanimously 4-0-0. REST OF MINUTES REMOVED. 11.2 Packet Pg. 98 Attachment: Affordable Housing Board May 2020 Minutes DRAFT (9134 : Assignment of 2020 Private Activity Bond Allocation) Service Garmin, Layer Intermap, Credits: increment Sources: P Corp.Esri, , HERE, GEBCO, GeoBase, USGS, IGN, Kadaster FAO, NPS, NL, NRCAN, Ordnance Survey, Kong), (c) Esri OpenStreetMap Japan, METI, Esri contributors, China (Hong and the GIS User Community ! !! ! ! ! ! ! 1550 Blue Spruce Dr 1403 W Swallow Rd 1303 W Swallow Rd 140 E Oak St 613 Conifer St 713St Aztec Dr 619 Conifer 3200 Stanford Rd Northfield Affordable Printed: May 20, 2020 ! Housing Catalyst ! Logan Capital Advisors ! Mercy Housing ! Neighbor to Neighbor City Private of Activity Fort Collins Bonds ATTACHMENT 3 11.3 Packet Pg. 99 Attachment: Location Map (9134 : Assignment of 2020 Private Activity Bond Allocation) -1- RESOLUTION 2020-052 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ASSIGNMENT OF THE CITY’S PRIVATE ACTIVITY BOND ALLOCATION FOR 2020 TO HOUSING CATALYST AND MERCY HOUSING TO FINANCE THE NEW CONSTRUCTION AND REHABILITATION OF AFFORDABLE HOUSING UNITS WHEREAS, the City of Fort Collins is authorized and empowered under the laws of the State of Colorado (the “State”) to issue revenue bonds for purposes including the financing of multi-family rental housing projects for low- and moderate-income persons and families; and WHEREAS, the Internal Revenue Code of 1986, as amended (the “Code”), restricts the amount of tax-exempt bonds (“Private Activity Bonds” or “PAB”) which may be issued in the State (the “State Ceiling”); and WHEREAS, pursuant to the Code, the Colorado General Assembly adopted the Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado Revised Statutes (the “Allocation Act”), providing for the allocation of the State Ceiling among various State and local governmental units, and further providing for the assignment of such allocations from such governmental units to any entity or person with the authority to issue bonds; and WHEREAS, pursuant to an allocation under Section 24-32-1706 of the Allocation Act, the City has received a direct allocation of the 2020 State Ceiling for the issuance of Private Activity Bonds in the aggregate principal amount of $8,885,119 (the “2020 Allocation”); and WHEREAS, if the City does not issue bonds or assign its annual allocation to another entity by September 15 of each year, its allocation is relinquished to the statewide balance; and WHEREAS, the City received four application for the 2020 Allocation seeking PAB capacity for a total of nine housing projects; and WHEREAS, the City’s PAB Committee, consisting of staff from staff representatives from the City’s Social Sustainability, Economic Health and Finance departments, reviewed the applications and recommends assigning $3,885,119 of the 2020 Allocation to Housing Catalyst, and $5,000,000 of the 2020 Allocation to Mercy Housing, pursuant to Section 24-32-1706 of the Allocation Act; and WHEREAS, Housing Catalyst would use its portion of the 2020 Allocation for renovation of existing affordable housing units as well as construction of new affordable units at the Villages on Swallow in conjunction with CARE Housing, and construction of new affordable units at 140 Oak Street (the “HC Projects”); and WHEREAS, Mercy Housing would use its portion for construction of new affordable units at Northfield (the “Mercy Project”); and Packet Pg. 100 -2- WHEREAS, both Housing Catalyst and Mercy Housing have expressed their willingness to attempt to issue Revenue Bonds in an amount equal to or greater than the 2020 Allocation; and WHEREAS, the City Council finds that the 2020 Allocation can be utilized most efficiently by assigning it to Housing Catalyst to issue Private Activity Bonds for financing the HC Projects and to Mercy Housing for financing the Mercy Project, and that such assignments will advance the City’s objective of increasing the availability of adequate affordable housing for low- and moderate-income persons and families within the City; and WHEREAS, the Council wishes to assign $3,885,119 of the 2020 Allocation to Housing Catalyst and $5,000,000 of the 2020 Allocation to Mercy Housing, which assignments are to be evidenced by Assignment of Allocation agreements between the City and each of the applicants; and WHEREAS, the form of proposed Assignment of Allocation for each applicant are attached as Exhibits “A” and “B” and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby approves assignment to Housing Catalyst of $3,885,119 of the City’s 2020 Allocation for the HC Projects as described herein. Section 3. That the City Council hereby approves assignment to Mercy Housing of $5,000,000 of the City’s 2020 Allocation for the Mercy Project as described herein Section 3. That the City Council hereby authorizes the Mayor to execute an Assignment of Allocation with Housing Catalyst in substantially the form attached as Exhibit “A,” and an Assignment of Allocation with Mercy Housing in substantially the form attached as Exhibit “B”, along with such other terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City or effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd day of June, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 101 [Draft – June 2, 2020] ASSIGNMENT OF ALLOCATION THIS ASSIGNMENT (the “Assignment”), dated ________ , 2020 is between the City of Fort Collins, Colorado, a municipal corporation (the “Assignor”), and Housing Catalyst, a body corporate and politic (the “Assignee”). RECITALS A. The Assignee intends to finance (i) the construction of 44 new units of rental housing and rehabilitation of 40 additional units at Village on Swallow/CARE Swallow, located at 1303 and 1403 West Swallow Road, and (ii) the construction of 78 new units of rental housing at 140 Oak Street, all for households with incomes ranging from 0% to 60% of area median income (the “Projects”.) The Projects will each be designed to qualify as a “project” within the meaning of Title 29, Article 4, Part 2, Colorado Revised Statutes, as amended (the “Act”). B. The Assignee intends to provide for the issuance of its Multifamily Housing Revenue Bonds (the “Proposed Bonds”), pursuant to the provisions of the Act for the purpose of financing the Projects. C. The Assignee has requested that the Assignor assign to the Assignee $3,885,119 of the Assignor’s 2020 allocation (the “Allocation”) under the bond ceiling for the State of Colorado and its issuing authorities (“the State Ceiling”) computed under Section 146(d) of the Internal Revenue Code of 1986 (the “Code”) as provided for the Assignor as a “designated local issuing authority” under part 17 of article 32 of title 24, Colorado Revised Statutes (the “Allocation Act”), for use in connection with the financing of the Projects. D. Subject to the terms and conditions set forth herein, the Assignor desires to assign to the Assignee, and the Assignee desires to accept, $3,885,119 of the Assignor’s 2020 allocation from the State Ceiling. ASSIGNMENT In exchange for the agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. The Assignor hereby assigns and transfers to the Assignee $3,885,119 of the Assignor’s 2020 Allocation from the State Ceiling for private activity bonds. The Assignor and the Assignee understand that such assigned allocation shall automatically be relinquished to the “Statewide Balance” as defined under the Allocation Act unless (a) the Proposed Bonds are issued by the Assignee on or before September 15, 2020, or (b) Section 24-32-1706(3)(c), C.R.S., applies. 2. The Assignor represents that it has received no monetary consideration for the assignment set forth above. EXHIBIT A 1 Packet Pg. 102 Attachment: Exhibit A (9145 : Assignment of 2020 Private Activity Bond Allocation RESO) 2 3. The Assignee hereby: (a) accepts the assignment of $3,885,119 of the Assignor’s Allocation from the State Ceiling described above; (b) agrees to use its best efforts to issue and use the Proposed Bonds for the purpose of financing the Projects; and (b) agrees to abide by each of the terms and conditions of this Assignment in connection with the use of such Allocation. 4. The Assignor hereby consents to the election by the Assignee, if the Assignee in its discretion so decides, to treat all or any portion of the assignment set forth herein as an allocation for a project with a carryforward purpose. 5. This Assignment shall not constitute a debt or indebtedness or financial obligation of the Assignor within the meaning of the constitution or statutes of the State of Colorado, nor give rise to a pecuniary liability or charge against the general credit or taxing power of the Assignor. [The remainder of this page is intentionally left blank] 1 Packet Pg. 103 Attachment: Exhibit A (9145 : Assignment of 2020 Private Activity Bond Allocation RESO) [Draft – June 2, 2020] [Signature Page to Assignment of Allocation] S-1 IN WITNESS WHEREOF, the Assignor and the Assignee have caused this instrument to be executed to be effective as of the date and year first written above. CITY OF FORT COLLINS, COLORADO, as Assignor ____________________________________ Wade O. Troxell, Mayor ATTEST: APPROVED AS TO FORM: ____________________________________ ____________________________________ City Clerk Assistant City Attorney ____________________________ _______________________________ (print name) (print name) HOUSING CATALYST, as Assignee By: ________________________________ Its: ________________________________ ATTEST: By: ________________________________ Its: ________________________________ 1 Packet Pg. 104 Attachment: Exhibit A (9145 : Assignment of 2020 Private Activity Bond Allocation RESO) [Draft – June 2, 2020] ASSIGNMENT OF ALLOCATION THIS ASSIGNMENT (the “Assignment”), dated ________ , 2020 is between the City of Fort Collins, Colorado, a municipal corporation (the “Assignor”), and Mercy Housing Mountain Plains, a Colorado nonprofit corporation(the “Assignee”). RECITALS A. The Assignee intends to finance the construction of 84 new units of rental housing at Northfield, for households with incomes ranging from 30% to 70% of area median income (the “Project”.) The Project will be designed to qualify as a “project” within the meaning of Title 29, Article 4, Part 2, Colorado Revised Statutes, as amended (the “Act”). B. The Assignee intends to provide for the issuance of its Multifamily Housing Revenue Bonds (the “Proposed Bonds”), pursuant to the provisions of the Act for the purpose of financing the Projects. C. The Assignee has requested that the Assignor assign to the Assignee $5,000,000 of the Assignor’s 2020 allocation (the “Allocation”) under the bond ceiling for the State of Colorado and its issuing authorities (“the State Ceiling”) computed under Section 146(d) of the Internal Revenue Code of 1986 (the “Code”) as provided for the Assignor as a “designated local issuing authority” under part 17 of article 32 of title 24, Colorado Revised Statutes (the “Allocation Act”), for use in connection with the financing of the Projects. D. Subject to the terms and conditions set forth herein, the Assignor desires to assign to the Assignee, and the Assignee desires to accept, $5,000,000 of the Assignor’s 2020 allocation from the State Ceiling. ASSIGNMENT In exchange for the agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. The Assignor hereby assigns and transfers to the Assignee $5,000,000 of the Assignor’s 2020 Allocation from the State Ceiling for private activity bonds. The Assignor and the Assignee understand that such assigned allocation shall automatically be relinquished to the “Statewide Balance” as defined under the Allocation Act unless (a) the Proposed Bonds are issued by the Assignee on or before September 15, 2020, or (b) Section 24-32-1706(3)(c), C.R.S., applies. 2. The Assignor represents that it has received no monetary consideration for the assignment set forth above. 3. The Assignee hereby: EXHIBIT B 2 Packet Pg. 105 Attachment: Exhibit B (9145 : Assignment of 2020 Private Activity Bond Allocation RESO) 2 (a) accepts the assignment of $5,000,000 of the Assignor’s Allocation from the State Ceiling described above; (b) agrees to use its best efforts to issue and use the Proposed Bonds for the purpose of financing the Project; and (b) agrees to abide by each of the terms and conditions of this Assignment in connection with the use of such Allocation. 4. The Assignor hereby consents to the election by the Assignee, if the Assignee in its discretion so decides, to treat all or any portion of the assignment set forth herein as an allocation for a project with a carryforward purpose. 5. This Assignment shall not constitute a debt or indebtedness or financial obligation of the Assignor within the meaning of the constitution or statutes of the State of Colorado, nor give rise to a pecuniary liability or charge against the general credit or taxing power of the Assignor. [The remainder of this page is intentionally left blank] 2 Packet Pg. 106 Attachment: Exhibit B (9145 : Assignment of 2020 Private Activity Bond Allocation RESO) [Draft – June 2, 2020] [Signature Page to Assignment of Allocation] S-1 IN WITNESS WHEREOF, the Assignor and the Assignee have caused this instrument to be executed to be effective as of the date and year first written above. CITY OF FORT COLLINS, COLORADO, as Assignor ____________________________________ Wade O. Troxell, Mayor ATTEST: APPROVED AS TO FORM: ____________________________________ ____________________________________ City Clerk Assistant City Attorney ____________________________ _______________________________ (print name) (print name) MERCY HOUSING MOUNTAIN PLAINS, as Assignee By: ________________________________ Its: ________________________________ ATTEST: By: ________________________________ Its: ________________________________ 2 Packet Pg. 107 Attachment: Exhibit B (9145 : Assignment of 2020 Private Activity Bond Allocation RESO) Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY June 2, 2020 City Council STAFF Elizabeth Blythe, Senior Public Engagement Coordinator Delynn Coldiron, City Clerk Carrie M. Daggett, Legal SUBJECT Resolution 2020-053 Making Appointments to Various Boards and Commissions of the City of Fort Collins. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priority for being on the Council agenda: • Priority 4 - Items that are substantially complete, have completed significant public process, and are ready for Council consideration. The purpose of this item is to appoint individuals to fill vacancies on various boards and commissions that exist due to the expiration of terms of certain members and the resignation of previous board members. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This Resolution appoints five individuals to fill vacancies left from previous board members. These appointments will begin immediately with terms to expire December 31, 2020 (one-year terms per Council discussion at the December 10, 2019 work session). Commission on Disability Expiration of Term _Davina Lau________ December 31, 2020 _Anna Makovec-Fuller_ December 31, 2020 Parking Advisory Board Expiration of Term _Austin Hoenig_________ December 31, 2020 Dorothy Spivak_______ December 31, 2020 Julie Stackhouse______ December 31, 2020 ATTACHMENTS 1. Board Appointment Recommendations May 20, 2020 (PDF) 12 Packet Pg. 108 RECOMMENDATION FOR BOARD APPOINTMENTS DATE: May 20, 2020 BOARD Commission on Disability INTERVIEW TEAM Ken Summers and Kristin Stephens NAME EXPIRATION DATE Davina Lau December 31, 2020 Anna Makovec-Fuller December 31, 2020 December 31, 2020 December 31, 2020 December 31, 2020 NAME (in order of preference) BACKUP CHOICES FOR FUTURE VACANCIES NOTES Good perspective. candidates who will add some needed diversity and By providing backup choices at this time, you can avoid the need to re-advertise and interview for mid-year vacancies that occur due to resignations. ATTACHMENT 1 12.1 Packet Pg. 109 Attachment: Board Appointment Recommendations May 20, 2020 (9138 : BC Appointments) RECOMMENDATION FOR BOARD APPOINTMENTS DATE: March 20, 2020 BOARD Parking Advisory Board INTERVIEW TEAM Ken Summers and Kristin Stephens NAME EXPIRATION DATE Julie Stackhouse December 31, 2020 Austin Hoenig December 31, 2020 Dorothy Spivak December 31, 2020 December 31, 2020 December 31, 2020 NAME (in order of preference) BACKUP CHOICES FOR FUTURE VACANCIES NOTES These this group are and qualified their and discussions. passionate individuals who will add value to By providing backup choices at this time, you can avoid the need to re-advertise and interview for mid-year vacancies that occur due to resignations. 12.1 Packet Pg. 110 Attachment: Board Appointment Recommendations May 20, 2020 (9138 : BC Appointments) JULIE L. STACKHOUSE As a recently retired executive vice president of the Federal Reserve, I am exploring opportunities to leverage the skills and talents I gained during my 32-year career with the U.S. central bank. My career at the Federal Reserve began in Kansas City in 1980 as a new college graduate. I was hired as a bank and examiner for the Federal Reserve Bank of Kansas City. I quickly had the opportunity to put my skills to the test by addressing banking crises in energy, agriculture, and real estate. Workload demands required an innovative approach to work tasks, and my creativity allowed me to quickly advance to an officer position. By 1993, I was named Senior Vice President, the first woman to serve at this level at that bank. In 1995, my family relocated to Minnesota to support my husband’s career and allow us to better find a work/life balance. I chose to “stay at home” with my two young children. During that time, I became extensively involved in community volunteer work, especially with the city of Eagan, MN. I served on the city’s Planning Commission, Economic Development Commission, and Arts Council. I led both a hotel and small business needs study for the city in a volunteer capacity. In 2000, I returned to the workforce at the Federal Reserve Bank of Minneapolis, serving as Vice President of Credit Risk Management and Community Development. The connections built during my 15-year tenure at the Kansas City Fed were instrumental in facilitating my return to the Federal Reserve, despite a five-year absence from the workforce. In 2002, I was invited by William Poole, then president of the Federal Reserve Bank of St. Louis, to join the St. Louis Fed as senior vice president and managing officer of supervision and credit. Our family made this move, and I joined the St. Louis Fed in October 2002, overseeing a staff of 160 bank examiners and analysts. My term at the St. Louis Fed was exceptional, allowing me to continue to grow personally and professionally. Highlights include: 12.1 Packet Pg. 111 Attachment: Board Appointment Recommendations May 20, 2020 (9138 : BC Appointments) 2 • I was in a meeting at the Federal Reserve Bank of New York on September 11, 2001. The crisis of the day allowed me to understand the deep workings of the Federal Reserve as we calmed financial markets and ensured the stability of the financial system. • I was actively involved in the many challenges presented by the financial crisis of 2007-2009. Initially, those challenges involved massive extensions of credit to financial institutions to address liquidity emergencies. From there, we executed the Troubled Asset Relief Program for the U.S Treasury. After that, we dealt with the many bank failures that occurred, to ensure a seamless transition for depositors. • During the financial crisis, it was clear to me that our classroom-based education programs for bank examiners were inflexible and not sufficient to address the rapidly changing banking environment and workforce. As a stop- gap, I conceived and introduced a national Federal Reserve webinar program called “Rapid Response” to bring information on emerging issues to staff regardless of their location. The program, thought to be temporary, became an important, permanent component of examiner education. Each of the over 1,000 sessions has been recorded, tagged, and archived for knowledge management purposes. I also proposed a modernization of our traditional community bank examiner commissioning programs, to ensure that content was built on well-defined learning objectives. The proposal was approved by a group of peers across the country, and we began hiring instructional designers and project managers to execute the very significant task of transforming a 900-hour classroom-based curriculum. The modernization took four years to complete, largely due to resource constraints and technology challenges. However, once complete, the full investment was returned in less than five-years simply from travel savings. Subsequently, we proposed and built a 400-hour examiner commissioning program for supervisors of large financial institutions. A modernization of our 400-hour consumer compliance examiner commissioning program will be completed in 2020. • While not an educator by training, my experience with instructional staff has allowed me to parlay my skills into banker education. The Federal Reserve webinar education program for bankers, called “Ask the Fed,” focuses on topics that ease the regulatory burden faced by banks. Over 26,000 bankers 12.1 Packet Pg. 112 Attachment: Board Appointment Recommendations May 20, 2020 (9138 : BC Appointments) 3 have registered for the program. I moderated the program and ensured that all content was relevant for the audience. • Public speaking became an important component of my job following the financial crisis, with over 60 public speeches each year during the peak years of the crisis. As the crisis ebbed, I frequently addressed other banking and financial market issues through speeches, media interviews, and blogs. I was a guest lecturer at Washington University at least two times a year, and at other colleges and universities on a periodic basis. While at the St. Louis Fed, my husband and I decided to move to Fort Collins. I commuted to St. Louis for over four years because of my love for my job. In 2019, I informed President Jim Bullard that I planned to retire in early 2020. My last day at the Federal Reserve Bank of St. Louis was February 28, 2020. It was difficult to leave my high quality, motivated staff, which totaled over 360 individuals at the time I left. Although retired from the St. Louis Fed, I continue to have a passion to grow and share my knowledge. I am exploring several board positions and will also evaluate non-profit volunteer options. 12.1 Packet Pg. 113 Attachment: Board Appointment Recommendations May 20, 2020 (9138 : BC Appointments) JULIE L. STACKHOUSE PROFESSIONAL EXPERIENCE EXECUTIVE VICE PRESIDENT • FEDERAL RESERVE BANK OF ST. LOUIS • 2002 – FEBRUARY 2020 Until retirement in 2020 and permanent relocation to Colorado, I was executive vice president and managing officer of Supervision, Credit, Community Development and Learning Innovation, with responsibility for 360 staff members located across the country. As Executive Vice President, I served as the officer in charge of supervision, responsible for the examination of 130 state member banks and 500 bank holding companies located in the 8th Federal Reserve District. My responsibilities also included administration of the District’s discount window function as well as outreach activities in support of low-and-moderate income communities. I was also responsible for leading Federal Reserve business line learning and development functions, including the development, delivery and maintenance of three examiner commissioning programs. Other activities included frequent public speaking. VICE PRESIDENT • FEDERAL RESERVE BANK OF MINNEAPOLIS • 2000 - 2002 I served as vice president of the Risk Management Department of the Federal Reserve Bank of Minneapolis. SENIOR VICE PRESIDENT • FEDERAL RESERVE BANK OF KANSAS CITY • 1980 - 1995 I served in multiple capacities, starting as a bank examiner in 1980. In addition to bank supervision duties, I served as the senior officer responsible for all support and overhead functions for the reserve bank. I was the bank’s first senior female officer. EDUCATON BSBA • 1980 • DRAKE UNIVERSITY, DES MOINES Finance major, accounting minor. Graduated summa cum laude while also working 15 – 25 hours per week to aid in self-financing my education. GRADUATE • 1988 • WISCONSIN GRADUATE SCHOOL OF BANKING, MADISON WISCONSIN 12.1 Packet Pg. 114 Attachment: Board Appointment Recommendations May 20, 2020 (9138 : BC Appointments) 2 Graduate banking program AWARDS 2010 – St. Louis Business Journal “Most Influential Business Women: recipient 2016 – Delta Sigma Pi Career Achievement Award (remarks from Chair Janet Yellen: https://www.youtube.com/watch?v=bU-v-797ZGY ) SAMPLE OF BLOGS, ARTICLES, AND SPEECHES Keynote Speech -Community Reinvestment Act – Separating Truths from Myths: https://www.stlouisfed.org/dialogue-with-the-fed/community-reinvestment-act-separating-truth- from-myths Keynote Speech - How Fintech is Transforming Banking: https://www.stlouisfed.org/dialogue-with-the-fed/fintech-transforming-banking Keynote Speech - Lessons Learned from the Financial Crisis: https://www.stlouisfed.org/dialogue-with-the-fed/lessons-learned-from-the-financial-crisis Podcast – Supervising the Nation’s Banks: https://podcasts.apple.com/ee/podcast/supervising-the-nations- banks/id1196374249?i=1000437520345 Blog – The Community Reinvestment Act’s History and Future: https://www.stlouisfed.org/on-the-economy/2018/january/community-reinvestment-act-history- future Blog – Do HMDA Data Prove Lending Discrimination: https://www.stlouisfed.org/on-the-economy/2018/march/do-hmda-data-prove-lending- discrimination Blog: The Basics of Fintech: https://www.stlouisfed.org/on-the-economy/2019/february/basics-fintech Blog – Fintech: Understanding AI Use in Financial Services: https://www.stlouisfed.org/on-the-economy/2019/april/fintech-understanding-ai-financial-services Blog: Fintech – How Technology is Changing Consumer and Small Business Lending: 12.1 Packet Pg. 115 Attachment: Board Appointment Recommendations May 20, 2020 (9138 : BC Appointments) 3 https://www.stlouisfed.org/on-the-economy/2019/may/fintech-technology-changing-consumer- small-business-lending Blog: Fintech – How Digital Wallets Work: https://www.stlouisfed.org/on-the-economy/2019/june/fintech-digital-wallets-work Blog – Beyond Bitcoin: Distributed Ledger Technology: https://www.stlouisfed.org/on-the-economy/2019/july/beyond-bitcoin-look-distributed-ledger- technology Blog – Fintech Interest in ILC Charters Spurs Questions: https://www.stlouisfed.org/on-the-economy/2017/october/fintech-interest-industrial-loan- company-charters-spurring-new-shadow-banking-system Blog – The ABCs of CAMELS: https://www.stlouisfed.org/on-the-economy/2018/july/abcs-camels Blog – CAMELS Ratings – Capital Adequacy: https://www.stlouisfed.org/on-the-economy/2018/august/camels-ratings-capital-adequacy Blog: CAMELS Ratings – Asset Quality: https://www.stlouisfed.org/on-the-economy/2018/september/camels-ratings-asset-quality Blog: CAMELS Ratings – Management: https://www.stlouisfed.org/on-the-economy/2018/october/camels-ratings-management Blog – CAMELS Ratings - Earnings: https://www.stlouisfed.org/on-the-economy/2018/november/camels-ratings-earnings Blog: CAMELS Ratings – Liquidity: https://www.stlouisfed.org/on-the-economy/2018/december/camels-ratings-liquidity Blog – CAMELS Ratings – Sensitivity to Market Risk: https://www.stlouisfed.org/on-the-economy/2019/january/camels-ratings-sensitivity-market-risk Blog - Banking on “Bank On”: https://www.stlouisfed.org/on-the-economy/2019/march/banking-bank-on Blog – CECL: Accounting Changes Coming for Banks: https://www.stlouisfed.org/on-the-economy/2019/august/cecl-model-accounting-changes-coming- banks 12.1 Packet Pg. 116 Attachment: Board Appointment Recommendations May 20, 2020 (9138 : BC Appointments) 4 Blog – CECL: How Banks Can Prepare and Manage Change: https://www.stlouisfed.org/on-the-economy/2019/september/cecl-how-banks-can-manage- change-prepare Blog - Community Bank Deposits: Where Have They Gone: https://www.stlouisfed.org/on-the-economy/2019/october/community-bank-deposits-where-gone Blog - Adapting Bank Regulation to Address Regulatory Burden: https://www.stlouisfed.org/on-the-economy/2017/august/tailoring-banking-regulation-address- regulatory-burden Blog – Are Bank Holding Companies Still Beneficial: https://www.stlouisfed.org/on-the-economy/2017/december/bank-holding-company-structure- beneficial Blog – Who Funds the Cost of Bank Supervision: https://www.stlouisfed.org/on-the-economy/2017/june/who-funds-cost-bank-supervision Blog – Why does the Fed Supervise Small Banks: https://www.stlouisfed.org/on-the-economy/2017/july/why-federal-reserve-supervise-small-banks Blog – Supervision and the Central Bank – An Integrated Mission: https://www.stlouisfed.org/on-the-economy/2017/march/bank-supervision-central-bank- integrated-mission Blog - Did the Dodd-Frank Act Make the Financial System Safer: https://www.stlouisfed.org/on-the-economy/2017/february/dodd-frank-act-financial-system-safer Blog – Why Didn’t Bank Regulators Prevent the Financial Crisis: https://www.stlouisfed.org/on-the-economy/2017/may/why-didnt-bank-regulators-prevent- financial-crisis Blog - Why are There So Many Bank Regulators: https://www.stlouisfed.org/on-the-economy/2017/april/why-many-bank-regulators Blog – Why are Banks Regulated: https://www.stlouisfed.org/on-the-economy/2017/january/why-federal-reserve-regulate-banks Blog – Why America’s Dual Banking System Matters: 12.1 Packet Pg. 117 Attachment: Board Appointment Recommendations May 20, 2020 (9138 : BC Appointments) 5 https://www.stlouisfed.org/on-the-economy/2017/september/americas-dual-banking-system- matters Blog – Clarity for Banks Serving the Hemp Industry: https://www.stlouisfed.org/on-the-economy/2020/february/clarity-banks-serving-hemp-industry Blog - What is the Bank Secrecy Act and Why Does it Exist: https://www.stlouisfed.org/on-the-economy/2018/april/what-bank-secrecy-act-why-exist Blog- Why are Bank Shuttering Branches: https://www.stlouisfed.org/on-the-economy/2018/february/why-banks-shuttering-branches Blog – Congress Passes New Banking Legislation to Reduce Regulatory Burden: https://www.stlouisfed.org/on-the-economy/2018/june/congress-passes-new-banking-legislation- reduce-regulatory-burden Blog – Can Anyone Own a Commercial Bank: https://www.stlouisfed.org/on-the-economy/2018/may/can-anyone-own-commercial-bank 12.1 Packet Pg. 118 Attachment: Board Appointment Recommendations May 20, 2020 (9138 : BC Appointments) APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Board or Commission: Commission on Disability Name: Anna M Makovec-Fuller Mailing Address: Residence: Home Phone: Work Phone: Zip: Zip: Cell Phone: E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Yes No Which Council District do you live in? District 2 Current Occupation: RN Retired nurse practitioner Employer: Inactive status. Retired Recent and/or relevant work experience (please include dates) Retired Family Nurse Practitioner as of Employed in nursing for 49 years. Last employment in family practice and workmed for 10 years. Before that family practice and women's health since the mid 80's. Recent and/or relevant volunteer experience (please include dates) I have volunteered with Special Olympics for several years. Have provided care for the disabled in the health care arena for several years. Recent volunteer activity at The ARC and Larimer County Food Bank. Are you currently serving on a City board or commission? Yes No If so, which one? Why do you want to become a member of this particular board or commission? I am a retired Family Practice Nurse Practitioner, have an adult son with cognitive disability and have a passion for the disabled community.I feel that I can contribute to this board with my professional and personal background. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: Long time involvement in the health care arena. RN licensure. Professional and personal interests in the disabled community. 12.1 Packet Pg. 119 Attachment: Board Appointment Recommendations May 20, 2020 (9138 : BC Appointments) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) Access for the disabled. 2) Coordinated services for the disabled 3) Coordination of the community to provide appropriate housing and access to services. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: none Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Date: Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) 12.1 Packet Pg. 120 Attachment: Board Appointment Recommendations May 20, 2020 (9138 : BC Appointments) APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Board or Commission: Commission on Disability Name: Davina Lau Mailing Address: Residence: Home Phone: Work Phone: Zip: Zip: Cell Phone: E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Yes No Which Council District do you live in? District 1 Current Occupation: Special Education Paraprofessional Employer: Poudre School District Recent and/or relevant work experience (please include dates) Special Education Paraprofessional 2017-PresentPersonal Care Provider/QMAP at Columbine Health Systems 2016-2017 Recent and/or relevant volunteer experience (please include dates) Are you currently serving on a City board or commission? Yes No If so, which one? Why do you want to become a member of this particular board or commission? I have been working a special education paraprofessional for three years and have developed a passion for helping and advocating for individuals with disabilities. I want to encourage and help provide equity between them and everyone else. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: 12.1 Packet Pg. 121 Attachment: Board Appointment Recommendations May 20, 2020 (9138 : BC Appointments) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) Housing. Housing options for individuals with disabilities are limited and far too expensive. They need to have fair access to housing. I would like to see an area of the city designated to subsidized housing that is also designed specifically for people with disabilities. It makes sense to build housing units together that already have items like roll in showers and ramps and grab bars. Subsidizing the units would also help ensure that they are accessible to individuals with disabilities. 2) Public transportation. We should include a seat and/or platform at all bus stops for the ramps to ensure that everyone is able to have access to our buses. Dial-A-Ride should expand its range so that more people have the chance to utilize its services 3) Complaints. I would like for the city to be more proactive about finding and examining issues around individuals with disabilities. If we know about issues before complaints about those issues come in, we have more time to brainstorm effective and cost-efficient solutions. Maybe that means sending out surveys or evaluation teams. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Date: Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) 12.1 Packet Pg. 122 Attachment: Board Appointment Recommendations May 20, 2020 (9138 : BC Appointments) City of k5olli� APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP PLEASE TYPE OR USE BLACK INK. ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES. INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT.-- Return completed applications to: City Clerk's Office. 300 LaPorte Avenue or mail to P.O. Box 580, Fort Collins, CO 80522 If you have questions or need more information, contact the City Clerk's Office at 970.221.6515 Eligibility Requirements: 1 year residency within the Fort Collins Growth Management Area (Please complete one application for each board or commission membership. You may ap ply for 2 boards at a time) Name: Dorothy Spivak Mailing Address: Residence:---------------------------- Zip: Zip:------� (If different than Mailing Address ) Home Phone: Work Phone:---------- Cell Phone:---------- E-mail: Have you resided within the Fort Collins Growth Management Area for one year? Which Council District do you live in? _4�--------- YES �oO Current Occupation: ....:..R.:.::e=ti::..;re=d=----------------- Employer:-------------- Recent and/or relevant work experience (please include dates): Work experience: I worked for many years for the federal government, and then in the insurance business. I served on several committees and met and dealt with lots of people. Recent and/or relevant volunteer experience (please include dates): Worked for several years in bicycle advocacy, both here and in another city. Served on committees relating to that. Are you currently serving on a c;iy board or commission? Yes D N� If so, which one? _________________________________ _ Why do you want to become a member of this particular board or commission? s� ��\'0--� Ha � f ttended a meeting of the board or commission you are applying to or ta ed to anyone currently on the board? Yes � Noo If Yes, please share your experience: V List any abilities, skills, licenses, certifications, specialized training, or interest you have which are applicable to this board or commission: 12.1 Packet Pg. 123 Attachment: Board Appointment Recommendations May 20, 2020 (9138 : BC Appointments) 12.1 Packet Pg. 124 Attachment: Board Appointment Recommendations May 20, 2020 (9138 : BC Appointments) 12.1 Packet Pg. 125 Attachment: Board Appointment Recommendations May 20, 2020 (9138 : BC Appointments) APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Board or Commission: Parking Advisory Board Name: Austin Hoenig Mailing Address: Residence: Home Phone: Work Phone: Zip: Zip: Cell Phone: Yes No , Spoons E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Which Council District do you live in? District 1 Current Occupation: Student Employer: CSU Recent and/or relevant work experience (please include dates) Student Associate - Center for Public January, 2019 - Present.EEOC Enforcement Assistant Intern. August, 2019 - December, 2019.Manager Soups, Salads, and Sandwiches. November, 2015 - January, 2019. Recent and/or relevant volunteer experience (please include dates) Public Achievement Teaching Volunteer with Lesher I.B. World Middle School. August, 2018 - May, 2019. Are you currently serving on a City board or commission? Yes No If so, which one? Why do you want to become a member of this particular board or commission? As a member of the community who works in old town as well as attends CSU, I am consistently surrounded by parking challenges. I find myself wanting to take more time to be engaged in my community and add my voice to the conversation. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: I attended a meeting where quorum was not met, therefore there was little business attended to. It was more of a session dedicated to talking about the future of the board as well as some discussion on the 2020 work plan. It was an interesting List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: Training in the Public Achievement Model of TeachingManaged a team of employees and taught a classroom of middle schoolersAs someone who works in both old town and CSU, I experience difficulty parking regularly so I am attuned to the frustration.I am a proficient public speaker and communicator. 12.1 Packet Pg. 126 Attachment: Board Appointment Recommendations May 20, 2020 (9138 : BC Appointments) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) A more abstract issue that I believe this and any board faces is public awareness and overall relevance. As with any public initiative or goal it is important to create and maintain channels off communication to members of the public to increase the efficacy of those goals. The public make up the constituency of the city council, the boards, and any other city personnel, thus there should be significant efforts made to reaching and including the public in our community goals. Active and inclusive communication between all community stakeholders and officials is a must. Easier said than done. 2) As Fort Collins continues to grow, traffic and parking problems will subsequently expand. Continually updating our parking infrastructure and systems to meet the demands of this growth is important to a healthy semi-urban center. The board must also anticipate future needs while maintaining the interest of businesses in old town and other parking challenged areas and keep in mind the wider public's needs. Instituting new parking systems involving payment and technology should be considered by the board as potential solutions to the growing parking demand as well as opportunities for revenues. 3) The image of a town or city is significantly impacted by parking, therefore, the parking commission has an extremely important part to play in Fort Collins' image. Certain cities in the U.S. are known for poor parking, and as a result, important opportunities and revenues are lost. The Parking Advisory Board and city staff should be proactive in researching and anticipating the parking needs of the city to maintain our overall image. It may sound farfetched on its surface, but there are many day trips and opportunities I change due to parking headaches in Denver or Boulder for example. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Date: Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) Elizabeth Blythe 12.1 Packet Pg. 127 Attachment: Board Appointment Recommendations May 20, 2020 (9138 : BC Appointments) -1- RESOLUTION 2020-053 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS OF THE CITY OF FORT COLLINS WHEREAS, vacancies currently exist on various boards and commissions of the City due to resignations by board members, and the expiration of terms of certain members; and WHEREAS, the City Council desires to make appointments to fill a portion of the vacancies that currently exist on the various boards and commissions. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the following named persons are hereby appointed to fill expired terms or vacancies on the boards and commissions hereinafter indicated, with terms to begin immediately and to expire as set forth after each name: Commission on Disability Expiration of Term _Davina Lau ________ December 31, 2020 _Anna Makovec-Fuller_ December 31, 2020 Parking Advisory Board Expiration of Term _Austin Hoenig_________ December 31, 2020 Dorothy Spivak_______ December 31, 2020 Julie Stackhouse______ December 31, 2020 Packet Pg. 128 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd day of June, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 129 HORSETOOTH OUTLET PROJECT (HOP) Alice Conovitz 1 Water Conservation Analyst June 2, 2020 City Council Staff Report Mark Kempton Director of Plant Operations, Water Treatment Facility THIS ITEM HAS BEEN REVISED 2 Overview and Purpose • Project Owners: Northern Water and U.S. Bureau of Reclamation • Activity: Close Horsetooth (HT) Reservoir outlet at Soldier Canyon Dam for maintenance • Impact: No flow from HT outlet • Supply: Solely Poudre River supply • Storage: Fort Collins has ~30 hours of treated water • Purpose: Water conservation addresses a potential Poudre River Map: Northern Water supply interruption https://www.northernwater.org/docs/Water_Project s/PDFmapsWaterProjs/PleasantValley_map.pdf HOP Backup Distribution Poudre River Distribution Threats to the Poudre River 3 4 Strategic Alignment CITY PLAN (2019) WATER SHORTAGE ACTION PLAN (2020) WATER SUPPLY AND DEMAND MANAGEMENT POLICY (2012) CITY STRATEGIC PLAN (2018) HORSETOOTH OUTLET PROJECT (HOP) 4.6 Provide a reliable, high- quality water supply. Priority: Items that relate to funding, operation and business activities that the City must continue despite of the current crisis. Demand Management 5 Water Board recommendation to City Council (Nov. 13, 2019): The implementation of mandatory outdoor water use reduction measures on Oct. 1, 2020, in order to lower water demands to typical winter levels of 15 MGD for the planned repair of the Horsetooth outlet water supply line in Fall 2020. HOP Goal: Reduce treated water demand to typical winter levels (15 MGD) by Oct. 1, 2020. Maximize available water during HOP Be prepared for emergencies Help During HOP 6 STOP OUTDOOR WATER USE OCT. 1 BE WATER-WISE INDOORS PLAN AHEAD PLANT EARLY Work together to keep infrastructure strong and protect our water supplies. Goal: Reduce water demand to typical winter levels by Oct. 1. (JUST A FEW WEEKS EARLY) Water Restrictions – Proposed 7 NOT ALLOWED STARTING OCT. 1 • Lawn watering (residential & inactive areas of parks/fields) • Vehicle washing at home • Misting devices, filling pools, splash parks ALLOWED • Drip and hand watering trees, plants, food production • Indoor use • Active/athletic fields, new sod/seed (permit) • Raw water (registration) Some water uses allowed with permit or registration Goal: Reduce water demand to typical winter levels by Oct. 1. City Council approvals: back-up pumps, demand management approach, & IGAs Oct.–Dec. 2019 Design, Procurement, Easements Water demand management planning & targeted outreach Nov. 2019–May 2020 Water restrictions order Construct pump station Public outreach Council updates Jun.–Sep. Water restrictions active Backup system in standby Continuous river monitoring Water demand monitoring Oct.–Nov. Timeline Outlet repairs begin Oct. 15 Estimated end of outlet repairs & water restrictions Nov. 30 Proposed water restrictions start Oct. 1 Resources 9 fcgov.com/HOP 970-416-8040 HOP@fcgov.com Thank you! • Ord-143-2019 Temporary Pumps and Water Demand Management Appropriations • Water Shortage Action Plan (eff. May 1) • 4/16/2020 Council Packet Memo • Future updates: Summer memo, Pre-HOP staff report • Ord-143-2019 Temporary Pumps and Water Demand Management Appropriations • Water Shortage Action Plan (eff. May 1) • 4/16/2020 Council Packet Memo • Future updates: Summer memo, Pre-HOP staff report Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY June 2, 2020 City Council STAFF Josh Birks, Economic Health Director Rachel Rogers, Senior Specialist Economic Sustainability John Duval, Legal SUBJECT Resolution 2020-050 Approving an Agreement to Secure Public Benefits for the Northfield Development. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priorities for being on the Council agenda: • Priority 4 - Items that are substantially complete, has completed significant public process, and is ready for Council consideration. This item is being brought forward to help ensure that work does not have to be redone and can continue to move forward. This item is vital to secure necessary project financing and is also related to Council’s previous action of approving a metropolitan district service plan to be used in this project to help fund certain public benefits, i.e., much-needed affordable and attainable housing. The project will also provide additional economic benefits of construction employment and significant permit fee revenue to the City. These benefits are material, especially in the midst of the pending economic slowdown as a result of the COVID-19 pandemic. The purpose of this item is to consider Resolution 2020-050, which will approve the Agreement to Secure Public Benefits for the Northfield Development (attached as Exhibit A to the Resolution) (Public Benefits Agreement). The Agreement is contemplated in the Consolidated Service Plan for Northfield Metropolitan Districts Nos. 1-3, approved by City Council on October 1, 2019. Staff has completed its review of the Public Benefits Agreement to ensure it conforms to the service plan that was approved by Council. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Project Overview Landmark Homes (“Landmark”) is proposing to construct approximately 442 homes on 56 acres, in total 139 units in brownstones, 180 units in flats style homes, 121 condo units and 2 studio rentals above the commercial space. The project, called Northfield, will include 65 deed restricted units affordable for low income households earning no more than 80% of Fort Collins Area Median Income (AMI), with those units offered as for-rent affordable units affordable, on average, for low income households earning no more than 60% of AMI. The remaining housing units in the project are expected to be priced in an attainable range, considered to be between 81% and 120% of AMI. In addition, there will be a mixed-use center that will offer light commercial use on the first floor, the two residential for-rent units on the second floor, and small amenities open to the public. Landmark has committed to building healthy, efficient, and local homes. It achieves this goal by: 13 Packet Pg. 154 Agenda Item 13 Item # 13 Page 2 • Healthy - A Heat Recovery Ventilation (HRV) system will be installed in every market rate unit to improve air quality inside the homes. When homes get very tight due to efficient construction techniques, the air inside can get stagnant. The HRV system helps bring in fresh outside air and condition it to the inside temperature through an energy efficient recovery core. • Efficient - All homes are constructed to meet Leadership in Energy and Environmental Design (LEED) Gold Certification. • Alternative Energy - Landmark plans to include solar panels on every market rate unit. These buildings will feature a photovoltaic system that will produce approximately 1kW of power for each unit. Thus, a 12- unit building will have roughly 12kW of solar panels. In addition, Northfield development will also include a 240V outlet in every garage unit to provide a place for the electric vehicle fast-charging stations and further encourage residents to drive eco-friendly cars. Public Benefits The Service Plan anticipates using the Debt Mill Levy to support the issuance of bonds in the maximum amount of $16 million to fund all or a portion of the following $18.7 million in public improvements: 1. Water and Energy Conservation a. LEED Gold Certification - It shall be a condition to the City’s issuance of the certificate of occupancy for each dwelling unit built that the City is provided with a copy of the final application submitted and signed by the Green Rater for the LEED Gold certification for that unit (Certification). The Certification issued for that unit must also be provided to the City within 30 days of the issuance of the certificate of occupancy as a precondition to the City’s issuance of any new building permits for dwelling units to be built under the approved Final Development Plan (FDP). b. Heat Recovery Ventilator (HRV) Systems c. Solar Photovoltaic (PV) Homes - evidence of one of the following must be provided to the City by a Green Rater: (i) the installation of a rooftop solar photovoltaic system, or (ii) access to Distributed Energy Storage. If such evidence is not provided to the City, the City shall not be required to issue a certificate of occupancy for any new dwelling unit to be built under the approved FDP d. Home Energy Rating System (HERS) Rating Commitment of 35 to 49. e. Electric Vehicle (EV) charging stations in each garage - a 240V outlet shall be included in every garage 2. Critical Public Infrastructure a. Design and construction of Suniga Road as a four-lane major arterial in the dedicated Suniga Road right-of-way between the existing Redwood Road and the Lemay Avenue. b. Northfield plans to replace and upsize the sewer line from Vine Drive, around Alta Vista, and along a portion of Lemay Avenue. It is not clear at this early stage whether the developer or the district will contract for construction of the upsizing, but they will seek reimbursement from the City for the upsized portion. c. Northfield plans to finance and deliver the on-site Regional Trail as well as the off-site pedestrian connection for the northeastern portion up to the intersection at Lemay Avenue and Conifer Street. 3. Affordable Housing a. At least 65 units, approximately 15% of the total number of dwelling units approved within the FDP shall be either for-sale or for-rent affordable housing units (“Required Affordable Units”) affordable for households earning eighty percent (80%) or less of the area median income for a family of four for the Fort Collins/Loveland Metropolitan Statistical Area published annually by the U.S. Department of Housing and Urban Development (“AMI”). The Required Affordable Units are offered as for-rent units, such units must be rented at a price affordable in Larimer County, Colorado, for an AMI of 80% 13 Packet Pg. 155 Agenda Item 13 Item # 13 Page 3 or lower and the average of all rents for those units must be affordable for households earning no more than the 60%. b. Forty-three (43) of the Required Affordable Units shall be secured through one of the mechanisms described in Sections I.C.1.a. through c. of the Public Benefits Agreement (or through any other mechanism agreed upon in writing between the City and the Developer) prior to receipt from the City of a building permit for more than two hundred twenty-one (221) of the total number of dwelling units authorized under the approved FDP, and the remaining twenty-two (22) of the Required Affordable Units shall be so secured prior to receipt from the City of a building permit for the last eighty-eight (88) of the dwelling units authorized under the approved FDP. 4. Smart Growth Management and Community and Neighborhood Livability a. Alley access to the garages of the homes. b. The southeastern edge of Northfield borders the to-be-designated historic Alta Vista neighborhood. To blend the transition to new development and pay homage to the neighborhood’s history, Northfield will feature an Interpretive Historical Park and Gateway Features bordering Alta Vista. These additions were developed in collaboration with neighbors in the Alta Vista neighborhood and would provide an extraordinary benefit to the City as a whole. c. Smaller lot sizes. d. 100% of units will be attached housing types (four to eight-unit townhomes and eight to twelve-unit condominium buildings). Performance Assurances The Northfield Service Plan prohibits the issuance of any debt or imposition of the debt mill levy or fees to pay debt unless and until the delivery of the Public Benefits area secured for each development phase of the project in a manner that is approved by Council. This requirement can be satisfied by one or both of the following methods, as applicable: • Intergovernmental Agreement - For any of the Public Benefits to be provided by one or more of the Districts, each such District must enter into an intergovernmental agreement with the City agreeing to provide those Public Benefits as a legally enforceable multiple-fiscal year obligation of the District under TABOR or by securing performance of that obligation with a surety bond, letter of credit or other security acceptable to the City and all such intergovernmental agreements must be approved by the City Council by resolution; • Approved Development Plan - For any of the Public Benefits to be provided by one or more Developers of the Planned Development, each such Developer must enter into a development agreement with the City under the Developer’s applicable Approved Development Plan, which agreement must legally obligate the Developer to provide those Public Benefits before the City is required to issue building permits and/or certificates of occupancy for structures to be built under the Approved Development Plan for that phase of the Planned Development or to secure such obligations with a surety bond, letter of credit or other security acceptable to the City and all such development agreements must be approved by the City Council by resolution. Here, the method being used to secure the Northfield Public Benefits is as an approved development plan, which is the proposed Public Benefits Agreement attached to the Resolution. Funding/Securing of Public Benefits Although the intent is that one or more of the Districts will ultimately reimburse the Developer for those Public Benefits they have the legal ability to fund, the Northfield developer shall have the obligation to develop, construct and/or install the Public Benefits in accordance with the terms and conditions of the Public Benefits Agreement. 13 Packet Pg. 156 Agenda Item 13 Item # 13 Page 4 Service Plan Overview Review The Service Plan calls for the creation of three Metro Districts to work collaboratively to deliver the proposed Northfield Project. The phased development is anticipated to reach build out in 2026 with an estimated population of 1,145. A few highlights about the proposed Service Plan, include: • Assessed Value - Estimated to be approximately $13.3 million in 2029 at full build-out • Aggregate Mill Levy - 50 mills, subject to Gallagher Adjustments • Debt Mill Levy - 40 mills, may not be levied until an approved development plan or intergovernmental agreement has been executed that delivers the pledged public benefits • Operating Mill Levy - Up to an additional 10 mills (aggregate mill levy of 50 mills) to fund several on-going operations, such as but not limited to: (a) a non-potable irrigation system, and (b) road infrastructure. Once a District imposes a Debt Mill Levy, such District’s Operating Mill Levy cannot exceed ten (10) mills at any point. • Maximum Debt Authorization - Anticipated to be approximately $16 million to cover a portion of the estimated $30 million in project costs • Regional Mill Levy - The Regional Mill Levy of 5 mills shall not be counted against the Aggregate Mill Levy Maximum Approval of Public Benefits Agreement Contingent on FDP Approval In April 2019, the City’s Planning and Zoning Board approved Landmark’s project development plan (PDP) for the development of the property and the City has recently approved the final development plan (FDP) for the property, Landmark and the City have not yet entered into the development agreement required as part of the FDP approval (Development Agreement). Therefore, the Council’s approval of the Public Benefits Agreement in the Resolution is contingent on the City and Landmark hereafter entering into the Development Agreement. In addition, since Landmark has not yet closed on its purchase of the property for this project, the Public Benefits Agreement will not be fully effective unless and until Landmark closes on its purchase of the property. Conclusion The Public Benefits Agreement conforms to the public benefits outlined in the Service Plan. Staff recommends adoption of the Resolution, as the Agreement meets both the letter and spirit of the Metropolitan District Policy and helps the City achieve its strategic objectives. The Metropolitan District Policy speaks to the City’s commitment to Climate Action Plan (CAP) goals with energy efficiency benefits that exceed the City’s current code. In addition, the project will create at least 65 units of affordable housing, addressing the City’s objective of increasing the inventory of affordable units as outlined in the Affordable Housing Strategic Plan. CITY FINANCIAL IMPACTS The proposed Public Benefits Agreement will not have an impact on the City’s financials. The applicant has paid the fees required under the City’s previous metropolitan district policy, which fees are designed to offset the cost of staff and outside consultant review. ATTACHMENTS 1. Resolution 2019-101 (PDF) 2. Powerpoint presentation (PDF) 13 Packet Pg. 157 ATTACHMENT 1 13.1 Packet Pg. 158 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 13.1 Packet Pg. 159 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 13.1 Packet Pg. 160 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 13.1 Packet Pg. 161 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) CONSOLIDATED SERVICE PLAN FOR NORTHFIELD METROPOLITAN DISTRICT NOS. 1-3 CITY OF FORT COLLINS, COLORADO Prepared by: WHITE BEAR ANKELE TANAKA & WALDRON 2154 E. Commons Ave., Suite 2000 Centennial, CO 80122 Submitted On: August 7, 2019 Approved on: [__________________] EXHIBIT A 13.1 Packet Pg. 162 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) i TABLE OF CONTENTS I. INTRODUCTION .............................................................................................................. 1 A. Purpose and Intent................................................................................................... 1 B. Need for the Districts. ............................................................................................. 1 C. Objective of the City Regarding Districts’ Service Plan. ....................................... 2 D. City Approvals. ....................................................................................................... 2 II. DEFINITIONS .................................................................................................................... 2 III. BOUNDARIES AND LOCATION .................................................................................... 5 IV. DESCRIPTION OF PROJECT, PLANNED DEVELOPMENT, PUBLIC BENEFITS & ASSESSED VALUATION ................................................................................................ 6 A. Project and Planned Development. ......................................................................... 6 B. Public Benefits. ....................................................................................................... 6 C. Assessed Valuation. ................................................................................................ 8 V. INCLUSION OF LAND IN THE SERVICE AREA ......................................................... 8 VI. DISTRICT GOVERNANCE .............................................................................................. 8 VII. AUTHORIZED AND PROHIBITED POWERS ............................................................... 8 A. General Grant of Powers. ........................................................................................ 8 B. Prohibited Improvements and Services and other Restrictions and Limitations. ... 9 1. Eminent Domain Restriction....................................................................... 9 2. Fee Limitation ............................................................................................. 9 3. Operations and Maintenance....................................................................... 9 4. Fire Protection Restriction ........................................................................ 10 5. Public Safety Services Restriction ............................................................ 10 6. Grants from Governmental Agencies Restriction ..................................... 10 7. Golf Course Construction Restriction ....................................................... 10 8. Television Relay and Translation Restriction ........................................... 10 9. Potable Water and Wastewater Treatment Facilities ................................ 10 10. Sales and Use Tax Exemption Limitation ................................................ 11 11. Sub-district Restriction ............................................................................. 11 12. Privately Placed Debt Limitation .............................................................. 11 13. Special Assessments ................................................................................. 11 VIII. PUBLIC IMPROVEMENTS AND ESTIMATED COSTS ............................................. 11 A. Development Standards. ....................................................................................... 12 B. Contracting. ........................................................................................................... 13 13.1 Packet Pg. 163 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) ii C. Land Acquisition and Conveyance. ...................................................................... 13 D. Equal Employment and Discrimination. ............................................................... 13 IX. FINANCIAL PLAN/PROPOSED DEBT......................................................................... 13 A. Financial Plan........................................................................................................ 13 B. Mill Levies. ........................................................................................................... 14 1. Aggregate Mill Levy Maximum ............................................................... 14 2. Regional Mill Levy Not Included in Other Mill Levies ........................... 14 3. Operating Mill Levy ................................................................................. 14 4. Gallagher Adjustments.............................................................................. 14 5. Excessive Mill Levy Pledges .................................................................... 15 6. Refunding Debt ......................................................................................... 15 7. Maximum Debt Authorization .................................................................. 15 C. Maximum Voted Interest Rate and Underwriting Discount. ................................ 15 D. Interest Rate and Underwriting Discount Certification. ....................................... 15 E. Disclosure to Purchasers. ...................................................................................... 16 F. External Financial Advisor. .................................................................................. 16 G. Disclosure to Debt Purchasers. ............................................................................. 16 H. Security for Debt. .................................................................................................. 17 I. TABOR Compliance. ............................................................................................ 17 J. Districts’ Operating Costs. .................................................................................... 17 X. REGIONAL IMPROVEMENTS...................................................................................... 17 A. Regional Mill Levy Authority. ............................................................................. 18 B. Regional Mill Levy Imposition. ............................................................................ 18 C. City Notice Regarding Regional Improvements. .................................................. 18 D. Regional Improvements Authorized Under Service Plan. .................................... 18 E. Expenditure of Regional Mil Levy Revenues. ...................................................... 18 1. Intergovernmental Agreement .................................................................. 18 2. No Intergovernmental Agreement ............................................................ 18 F. Regional Mill Levy Term. .................................................................................... 19 G. Completion of Regional Improvements. ............................................................... 19 H. City Authority to Require Imposition. .................................................................. 19 I. Regional Mill Levy Not Included in Other Mill Levies. ...................................... 19 J. Gallagher Adjustment. .......................................................................................... 19 XI. CITY FEES ....................................................................................................................... 19 13.1 Packet Pg. 164 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) iii XII. BANKRUPTCY LIMITATIONS ..................................................................................... 19 XIII. ANNUAL REPORTS AND BOARD MEETINGS ......................................................... 20 A. General. ................................................................................................................. 20 B. Board Meetings. .................................................................................................... 20 C. Report Requirements. ........................................................................................... 20 1. Narrative ................................................................................................... 20 2. Financial Statements ................................................................................. 20 3. Capital Expenditures ................................................................................. 20 4. Financial Obligations ................................................................................ 21 5. Board Contact Information ....................................................................... 21 6. Other Information ..................................................................................... 21 D. Reporting of Significant Events. ........................................................................... 21 E. Failure to Submit................................................................................................... 21 XIV. SERVICE PLAN AMENDMENTS ................................................................................. 22 XV. MATERIAL MODIFICATIONS ..................................................................................... 22 XVI. DISSOLUTION ................................................................................................................ 22 XVII. SANCTIONS .................................................................................................................... 23 XVIII. INTERGOVERNMENTAL AGREEMENT WITH CITY .............................................. 23 XIX. CONCLUSION ................................................................................................................. 24 XX. RESOLUTION OF APPROVAL ..................................................................................... 24 13.1 Packet Pg. 165 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) iv EXHIBITS EXHIBIT A-1 Legal Description of District No. 1 Boundaries EXHIBIT A-2 Legal Description of District No. 2 Boundaries EXHIBIT A-3 Legal Description of District No. 3 Boundaries EXHIBIT B-1 District No. 1 Boundary Map EXHIBIT B-2 District No. 2 Boundary Map EXHIBIT B-3 District No. 3 Boundary Map EXHIBIT C Vicinity Map EXHIBIT D Public Improvement Cost Estimates EXHIBIT E Public Improvement Maps EXHIBIT F Financial Plan EXHIBIT G Public Benefits EXHIBIT H Disclosure Notice EXHIBIT I Form of Intergovernmental Agreement 13.1 Packet Pg. 166 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 1 I. INTRODUCTION A. Purpose and Intent. The Districts, which are intended to be independent units of local government separate and distinct from the City, are governed by this Service Plan, the Special District Act and other applicable State law. Except as may otherwise be provided by State law, City Code or this Service Plan, the Districts’ activities are subject to review and approval by the City Council only insofar as they are a material modification of this Service Plan under C.R.S. Section 32-1-207 of the Special District Act. It is intended that the Districts will provide all or part of the Public Improvements for the Project for the use and benefit of all anticipated inhabitants and taxpayers of the Districts. The primary purpose of the Districts will be to finance the construction of these Public Improvements by the issuance of Debt. It is also intended under this Service Plan that no District shall be authorized to issue any Debt, impose a Debt Mill Levy, or impose any Fees for payment on Debt unless and until the delivery of the applicable Public Benefits described in Section IV.B of this Service Plan has been secured in accordance with Section IV.B of this Service Plan. It is intended that this Service Plan also requires the Districts to pay a portion of the cost of the Regional Improvements, as provided in Section X of this Service Plan, as part of ensuring that those privately-owned properties to be developed in the Districts that benefit from the Regional Improvements pay a reasonable share of the associated costs. The Districts are not intended to provide ongoing operations and maintenance services except as expressly authorized in this Service Plan. It is the intent of the Districts to dissolve upon payment or defeasance of all Debt incurred or upon a court determination that adequate provision has been made for the payment of all Debt, except that if the Districts are authorized in this Service Plan to perform continuing operating or maintenance functions, the Districts shall continue in existence for the sole purpose of providing such functions and shall retain only the powers necessary to impose and collect the taxes or Fees authorized in this Service Plan to pay for the costs of those functions. It is intended that the Districts shall comply with the provisions of this Service Plan and that the City may enforce any non-compliance with these provisions as provided in Sections XVII and XVIII of this Service Plan. B. Need for the Districts. There are currently no other governmental entities, including the City, located in the immediate vicinity of the Districts that consider it desirable, feasible or practical to undertake the planning, design, acquisition, construction, installation, relocation, redevelopment and financing of the Public Improvements needed for the Project. Formation of the Districts is therefore necessary in order for the Public Improvements required for the Project to be provided in the most economic manner possible. 13.1 Packet Pg. 167 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 2 C. Objective of the City Regarding Districts’ Service Plan. The City’s objective in approving this Service Plan is to authorize the Districts to provide for the planning, design, acquisition, construction, installation, relocation and redevelopment of the Public Improvements from the proceeds of Debt to be issued by the Districts but in doing so, to also establish in the Service Plan the means by which the Regional Improvements and Public Benefits will be provided. Except as specifically provided in this Service Plan, all Debt is expected to be repaid by taxes and Fees imposed and collected for no longer than the Maximum Debt Mill Levy Imposition Term for residential properties and at a tax mill levy no higher than the Maximum Debt Mill Levy. Fees imposed for the payment of Debt shall be due no later than upon the issuance of a building permit. Debt which is issued within these parameters and, as further described in the Financial Plan, will insulate property owners from excessive tax and Fee burdens to support the servicing of the Debt and will result in a timely and reasonable discharge of the Debt. D. City Approvals. Any provision in this Service Plan requiring “City” or “City Council” approval or consent shall require the City Council’s prior written approval or consent exercised in its sole discretion. Any provision in this Service Plan requiring “City Manager” approval or consent shall require the City Manager’s prior written approval or consent exercised in the City Manager’s sole discretion. II. DEFINITIONS In this Service Plan, the following words, terms and phrases which appear in a capitalized format shall have the meaning indicated below, unless the context clearly requires otherwise: Aggregate Mill Levy: means the total mill levy resulting from adding a District’s Debt Mill Levy and Operating Mill Levy. A District’s Aggregate Mill Levy does not include any Regional Mill Levy that the District may levy. Aggregate Mill Levy Maximum: means the maximum number of combined mills the Districts may each levy for its Debt Mill Levy and Operating Mill Levy, at a rate not to exceed the limitation set in Section IX.B.1. Approved Development Plan: means a City-approved development plan or other land- use application required by the City Code for identifying, among other things, public improvements necessary for facilitating the development of property within the Service Area, which plan shall include, without limitation, any development agreement required by the City Code. Board or Boards: means the duly constituted board of directors of each of the Districts, or the Boards of Directors of all of the Districts, in the aggregate. Bond, Bonds or Debt: means bonds, notes or other multiple fiscal year financial obligations for the payment of which a District has promised to impose an ad valorem property tax 13.1 Packet Pg. 168 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 3 mill levy, Fees or other legally available revenue. Such terms do not include contracts through which a District procures or provides services or tangible property. City: means the City of Fort Collins, Colorado, a home rule municipality. City Code: means collectively the City’s Municipal Charter, Municipal Code, Land Use Code and ordinances as all are now existing and hereafter amended. City Council: means the City Council of the City. City Manager: means the City Manager of the City. C.R.S.: means the Colorado Revised Statutes. Debt Mill Levy: means a property tax mill levy imposed on Taxable Property within a District for the purpose of paying Debt as authorized in this Service Plan, at a rate not to exceed the limitations set in Section IX.B of this Service Plan. Developer: means a person or entity that is the owner of property or owner of contractual rights to property in the Service Area that intends to develop the property. District: means any of the following metropolitan districts: Northfield Metropolitan District No. 1, Northfield Metropolitan District No. 2 and Northfield Metropolitan District No. 3, as each are organized under and governed by this Service Plan. District No. 1 Boundaries: means the boundaries of the area legally described in Exhibit A-1 attached hereto and incorporated by reference and as depicted in the District No. 1 Boundary Map. District No. 2 Boundaries: means the boundaries of the area legally described in Exhibit A-2 attached hereto and incorporated by reference and as depicted in the District No. 2 Boundary Map. District No. 3 Boundaries: means the boundaries of the area legally described in Exhibit A-3 attached hereto and incorporated by reference and as depicted in the District No. 3 Boundary Map. District No. 1 Boundary Map: means the map of the District No. 1 Boundaries attached hereto as Exhibit B-1 and incorporated by reference. District No. 2 Boundary Map: means the map of the District No. 2 Boundaries attached hereto as Exhibit B-2 and incorporated by reference. District No. 3 Boundary Map: means the map of the District No. 3 Boundaries attached hereto as Exhibit B-3 and incorporated by reference. 13.1 Packet Pg. 169 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 4 Districts: means Northfield Metropolitan District No. 1, Northfield Metropolitan District No. 2 and Northfield Metropolitan District No. 3, collectively, organized under and governed by this Service Plan. End User: means any owner, or tenant of any owner, of any property within the Districts, who is intended to become burdened by the imposition of ad valorem property taxes and/or Fees. By way of illustration, a resident homeowner, renter, commercial property owner or commercial tenant is an End User. A Developer and any person or entity that constructs homes or commercial structures is not an End User. External Financial Advisor: means a consultant that: (1) is qualified to advise Colorado governmental entities on matters relating to the issuance of securities by Colorado governmental entities including matters such as the pricing, sales and marketing of such securities and the procuring of bond ratings, credit enhancement and insurance in respect of such securities; (2) shall be an underwriter, investment banker, or individual listed as a public finance advisor in the Bond Buyer’s Municipal Market Place or, in the City’s sole discretion, other recognized publication as a provider of financial projections; and (3) is not an officer or employee of the Districts or an underwriter of the Districts’ Debt. Fees: means the fees, rates, tolls, penalties and charges the Districts are authorized to impose and collect under this Service Plan. Financial Plan: means the Financial Plan described in Section IX of this Service Plan which was prepared by D.A. Davidson & Co., an External Advisor, in accordance with the requirements of this Service Plan and describes (a) how the Public Improvements are to be financed; (b) how the Debt is expected to be incurred; and (c) the estimated operating revenue derived from property taxes and any Fees for the first budget year through the year in which all District Debt is expected to be defeased or paid in the ordinary course. Maximum Debt Authorization: means the total Debt the Districts are permitted to issue as set forth in Section IX.B.7 of this Service Plan. Maximum Debt Mill Levy Imposition Term: means the maximum term during which a District’s Debt Mill Levy may be imposed on property developed in the Service Area for residential use, which shall include residential properties in mixed-use developments. This maximum term shall not exceed forty (40) years from December 31 of the year this Service Plan is approved by City Council Operating Mill Levy: means a property tax mill levy imposed on Taxable Property for the purpose of funding a District’s administration, operations and maintenance as authorized in this Service Plan, including, without limitation, repair and replacement of Public Improvements, and imposed at a rate not to exceed the limitations set in Section IX.B of this Service Plan. Planned Development: means the private development or redevelopment of the properties in the Service Area, commonly referred to as Northfield, under an Approved Development Plan. Project: means the installation and construction of the Public Improvements for the Planned Development. 13.1 Packet Pg. 170 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 5 Public Improvements: means the improvements and infrastructure the Districts are authorized by this Service Plan to fund and construct for the Planned Development to serve the future taxpayers and inhabitants of the Districts, except as specifically prohibited or limited in this Service Plan. Public Improvements shall include, without limitation, the improvements and infrastructure described in Exhibit F attached hereto and incorporated by reference. Public Improvements do not include Regional Improvements. Regional Improvements: means any regional public improvement identified by the City for funding, in whole or part, by a Regional Mill Levy levied by the Districts, including, without limitation, the public improvements described in Exhibit I attached hereto and incorporated by reference. Regional Mill Levy: means the property tax mill levy imposed on Taxable Property for the purpose of planning, designing, acquiring, funding, constructing, installing, relocating and/or redeveloping the Regional Improvements and/or to fund the administration and overhead costs related to the Regional Improvements as provided in Section X of this Service Plan. Service Area: means the property collectively within the District No. 1 Boundaries, District No. 2 Boundaries, and District No. 3 Boundaries, all as may be amended from time to time as further set forth in this Service Plan and the Special District Act. Special District Act: means Article 1 in Title 32 of the Colorado Revised Statutes, as amended. Service Plan: means this service plan for the Districts approved by the City Council. Service Plan Amendment: means a material modification of the Service Plan approved by the City Council in accordance with the Special District Act, this Service Plan and any other applicable law. State: means the State of Colorado. TABOR: means Colorado’s Taxpayer’s Bill of Rights in Article X, Section 20 of the Colorado Constitution. Taxable Property: means the real and personal property within the Service Area that will be subject to the ad valorem property taxes imposed by the Districts. Vicinity Map: means the map attached hereto as Exhibit E and incorporated by reference depicting the location of the Service Area within the regional area surrounding it. III. BOUNDARIES AND LOCATION The area of the Service Area includes approximately 56.3 acres. A legal description and map of the District No. 1 Boundaries are attached hereto as Exhibit A-1 and Exhibit B-1, respectively; a legal description and map of the District No. 2 Boundaries are attached hereto as Exhibit A-2 and Exhibit B-2, respectively; and a legal description and map of the District No. 3 Boundaries are attached hereto as Exhibit A-3 and Exhibit B-3, respectively. It is anticipated that 13.1 Packet Pg. 171 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 6 the Districts’ Boundaries may expand or contract from time to time as the Districts undertake inclusions or exclusions pursuant to the Special District Act, subject to the limitations set forth in Section V of this Service Plan. The location of the Service Area is depicted in the vicinity map attached as Exhibit E. IV. DESCRIPTION OF PROJECT, PLANNED DEVELOPMENT, PUBLIC BENEFITS & ASSESSED VALUATION A. Project and Planned Development. Situated within walking distance of the City’s Old Town, the Planned Development is a proposed 56.3-acre, mixed-use community located west of Lindenmeier Road, southeast of the Lake Canal and north of the to-be designated historic Alta Vista neighborhood. The Planned Development targets a number of the City’s stretch outcomes and critical objectives, including neighborhood livability and social health, environmental health, and transportation. The Planned Development incorporates goals of the following plans: the City Plan, Transportation Master Plan, Master Street Plan, Nature in the City Strategic Plan, Natural Areas Master Plan, Paved Recreational Trail Master Plan, Northside Neighborhoods Plan, Pedestrian Plan, and Bicycle Master Plan. The Planned Development is anticipated to include approximately 442 attached housing units, of which a minimum of sixty-five (65) housing units will be designated and provided as as either for-sale or for-rent affordable housing (the “Required Affordable Units”), and the majority of the rest of the units will be sold as attainable housing units. The Planned Development is also anticipated to include a mixed-use center that will offer light commercial use on the first floor, residential for-rent units on the second floor, and small amenities open to the public. The estimated resident population at build-out is 1,139. Construction of the Planned Development is planned to be completed by year 2026. In accordance with the Financial Plan, the estimated assessed valuation of the Planned Development in 2024 is estimated to be $8,525,353 for residential and $181,867 for commercial, and in 2029 it is estimated to be $13,129,996 for residential and $204,346 for commercial. Approval of this Service Plan by the City Council does not constitute nor imply approval of the development of any particular land-use for any specific area within the Districts. Any such approval must be contained within an Approved Development Plan. B. Public Benefits. In addition to providing the Public Improvements described in Exhibit F and the Regional Improvements, the Districts will deliver several public benefits to the community in accordance with the City’s Metro District Service Plan Policy. The public benefits include, but are not limited to, developing critical on-site and off-site public infrastructure, employing high quality and smart growth practices, creating the Required Affordable Units, creating attainable housing units to support the workforce, and incorporating environmental sustainability through energy and water conservation, and enhanced multimodal transportation, all of which are specifically described in Exhibit I attached hereto and incorporated herein by this reference (collectively, the “Public Benefits”). In addition to the foregoing, if all or a portion of the Required Affordable Units are 13.1 Packet Pg. 172 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 7 offered as for-sale units, such units must be sold at a price affordable in Larimer County, Colorado, for an area median income (“AMI”) of 80% or lower. If all of a portion of the Required Affordable Units are offered as for-rent units, such units must be rented at a price affordable in Larimer County, Colorado, for an AMI of 80% or lower and the average of all rents for those units must at all times reasonably approximate to a Larimer County AMI of 60% or lower. In addition, as provided in Exhibit I, the Required Affordable Units shall be designed and constructed to the same energy-efficiency standards as the other housing units built in the Planned Development. Therefore, notwithstanding any provision to the contrary contained in this Service Plan, no District shall be authorized to issue any Debt or to impose a Debt Mill Levy or any Fees for payment of Debt unless and until the delivery of the Public Benefits specifically related to the phase of the Planned Development or portion of the Project to be financed with such Debt, Debt Mill Levy or Fees are secured in a manner approved by the City Council. To satisfy this precondition to the issuance of Debt and to the imposition of the Debt Mill Levy and Fees, delivery of the Public Benefits for each phase of the Project and the Planned Development must be secured by one of the following methods, as applicable: 1. For any portion of the Public Benefits to be provided by one or more of the Districts, each such District must enter into an intergovernmental agreement with the City either (i) agreeing to provide those Public Benefits as a legally enforceable multiple-fiscal year obligation of the District under TABOR, or by (ii) securing performance of that obligation with a surety bond, letter of credit, or other security acceptable to the City, and any such intergovernmental agreement must be approved by the City Council by resolution; 2. For any portion of the Public Benefits to be provided by one or more Developers of the Planned Development, each such Developer must either (i) enter into a development agreement with the City under the Developer’s applicable Approved Development Plan, which agreement must legally obligate the Developer to provide those Public Benefits before the City is required to issue building permits and/or certificates of occupancy for structures to be built under the Approved Development Plan for that phase of the Planned Development, or (ii) secure such obligations with a surety bond, letter of credit, or other security acceptable to the City, and all such development agreements must be approved by the City Council by resolution; or 3. For any portion of the Public Benefits to be provided in part by one or more of the Districts in the Project and in part by one or more of the Developers in the Planned Development or Project, an agreement between the City, the affected District(s), and the Developer(s) that secures such Public Benefits as legally binding obligations using the methods described in subsections 1 and 2 above, and all such agreements must be approved by the City Council by resolution. Specifically, with regard to delivery of the Required Affordable Units contemplated in Section 2 above, the development agreement between the Developer and the City shall include the following conditions: The Required Affordable Units may be provided through either of the following two mechanisms or any other mechanism mutually agreed upon by the Developer and the City, or any combination of the same: 13.1 Packet Pg. 173 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 8 a. Construction of the Required Affordable Units by the Developer under the Approved Development Plan. Only those Developer-constructed Required Affordable Units for which the City has issued a certificate of occupancy will be counted toward the satisfaction of the total number of Required Affordable Units needed. b. Sale of lots for the Required Affordable Units within the Planned Development by the Developer to a non-profit or for-profit builder who will contractually guarantee to the City that the builder will only build Required Affordable Units on the those lots. At the time any such sale is closed and the contractual guarantee has been provided to the City to its satisfaction, the number of housing units approved for construction on such lots shall count toward the Required Affordable Units. All sixty-five (65) of the Required Affordable Units shall be secured through one of the mechanisms described above (or through any other mechanism agreed upon in writing between the City and the Developer) before the City is required to issue more than two hundred twenty-one (221) total building permits for dwelling units to be built in the Planned Development. Once all sixty-five (65) of the Required Affordable Units have been secured as here required, this restriction on building permits shall terminate. C. Assessed Valuation. The current assessed valuation of the Service Area is approximately $2,024 and, at build out is expected to be $13,334,342. These amounts are expected to be sufficient to reasonably discharge the Debt as demonstrated in the Financial Plan. V. INCLUSION OF LAND IN THE SERVICE AREA The Districts shall not add any real property to the Service Area without the City’s approval and in compliance with the Special District Act. Once a District has issued Debt, it shall not exclude real property from the District’s boundaries without the prior written consent of the City Council. VI. DISTRICT GOVERNANCE The Districts’ Boards shall be comprised of persons who are a qualified “eligible elector” of the Districts as provided in the Special District Act. It is anticipated that, over time, the End Users who are eligible electors will assume direct electoral control of the Districts’ Boards as development of the Service Area progresses. The Districts shall not enter into any agreement by which the End Users’ electoral control of the Boards is removed or diminished. VII. AUTHORIZED AND PROHIBITED POWERS A. General Grant of Powers. 13.1 Packet Pg. 174 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 9 The Districts shall have the power and authority to provide the Public Improvements, the Regional Improvements and related operation and maintenance services, including design review and covenant enforcement services, within and without the Service Area, as such powers and authorities are described in the Special District Act, other applicable State law, common law and the Colorado Constitution, subject to the prohibitions, restrictions and limitations set forth in this Service Plan. If, after the Service Plan is approved, any State law is enacted to grant additional powers or authority to metropolitan districts by amendment of the Special District Act or otherwise, such powers and authority shall be deemed to be a part hereof. These new powers and authority shall only be available to be exercised by the Districts if the City Council first approves a Service Plan Amendment to specifically allow the exercise of such powers or authority by the Districts. B. Prohibited Improvements and Services and other Restrictions and Limitations. The Districts’ powers and authority under this Service Plan to provide Public Improvements and services and to otherwise exercise its other powers and authority under the Special District Act and other applicable State law, are prohibited, restricted and limited as hereafter provided. Failure to comply with these prohibitions, restrictions and limitations shall constitute a material modification under this Service Plan and shall entitle the City to pursue all remedies available at law and in equity as provided in Sections XVII and XVIII of this Service Plan: 1. Eminent Domain Restriction The Districts shall not exercise their statutory power of eminent domain without first obtaining resolution approval from the City Council. This restriction on the Districts’ exercise of their eminent domain power is being voluntarily acquiesced to by the Districts and shall not be interpreted in any way as a limitation on the Districts’ sovereign powers and shall not negatively affect the Districts’ status as political subdivisions of the State as conferred by the Special District Act. 2. Fee Limitation Any Fees imposed for the repayment of Debt, if authorized by this Service Plan, shall not be imposed by the Districts upon or collected from an End User. In addition, Fees imposed for the payment of Debt shall not be imposed unless and until the requirements for securing the delivery of the District’s portion of the Public Benefits have been satisfied in accordance with Section IV.B of this Service Plan. Notwithstanding the foregoing, this Fee limitation shall not apply to any Fee imposed to fund the operation, maintenance, repair or replacement of Public Improvements or the administration of the Districts. 3. Operations and Maintenance 13.1 Packet Pg. 175 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 10 The primary purpose of the Districts is to plan for, design, acquire, construct, install, relocate, redevelop and finance the Public Improvements. The Districts shall dedicate the Public Improvements to the City or other appropriate jurisdiction or owners’ association in a manner consistent with the Approved Development Plan and the City Code, provided that nothing herein requires the City to accept a dedication. The Districts are each specifically authorized to operate and maintain all or any part or all of the Public Improvements not otherwise conveyed or dedicated to the City or another appropriate governmental entity until such time as the District is dissolved. 4. Fire Protection Restriction The Districts are not authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, own, operate or maintain fire protection facilities or services, unless such facilities and services are provided pursuant to an intergovernmental agreement with the Poudre Fire Authority. The authority to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or maintain fire hydrants and related improvements installed as part of the Project’s water system shall not be limited by this subsection. 5. Public Safety Services Restriction The Districts are not authorized to provide policing or other security services. However, the Districts may, pursuant to C.R.S. § 32-1-1004(7), as amended, furnish security services pursuant to an intergovernmental agreement with the City. 6. Grants from Governmental Agencies Restriction The Districts shall not apply for grant funds distributed by any agency of the United States Government or the State without the prior written approval of the City Manager. This does not restrict the collection of Fees for services provided by the Districts to the United States Government or the State. 7. Golf Course Construction Restriction Acknowledging that the City has financed public golf courses and desires to coordinate the construction of public golf courses within the City’s boundaries, the Districts shall not be authorized to plan, design, acquire, construct, install, relocate, redevelop, finance, own, operate or maintain a golf course unless such activity is pursuant to an intergovernmental agreement with the City approved by the City Council. 8. Television Relay and Translation Restriction The Districts are not authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, own, operate or maintain television relay and translation facilities and services, other than for the installation of conduit as a part of a street construction project, unless such facilities and services are provided pursuant to prior written approval from the City Council as a Service Plan Amendment. 9. Potable Water and Wastewater Treatment Facilities 13.1 Packet Pg. 176 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 11 Acknowledging that the City and other existing special districts operating within the City currently own and operate treatment facilities for potable water and wastewater that are available to provide services to the Service Area, the Districts shall not plan, design, acquire, construct, install, relocate, redevelop, finance, own, operate or maintain such facilities without obtaining the City Council’s prior written approval either by intergovernmental agreement or as a Service Plan Amendment. 10. Sales and Use Tax Exemption Limitation The Districts shall not exercise any sales and use tax exemption otherwise available to the Districts under the City Code. 11. Sub-district Restriction The Districts shall not create any sub-district pursuant to the Special District Act without the prior written approval of the City Council. 12. Privately Placed Debt Limitation Prior to the issuance of any privately placed Debt, the Districts shall obtain the certification of an External Financial Advisor substantially as follows: We are [I am] an External Financial Advisor within the meaning of the District’s Service Plan. We [I] certify that (1) the net effective interest rate (calculated as defined in C.R.S. Section 32-1- 103(12)) to be borne by [insert the designation of the Debt] does not exceed a reasonable current [tax- exempt] [taxable] interest rate, using criteria deemed appropriate by us [me] and based upon our [my] analysis of comparable high yield securities; and (2) the structure of [insert designation of the Debt], including maturities and early redemption provisions, is reasonable considering the financial circumstances of the District. 13. Special Assessments The Districts shall not impose special assessments without the prior written approval of the City Council. VIII. PUBLIC IMPROVEMENTS AND ESTIMATED COSTS Exhibit F summarizes the type of Public Improvements that are projected to be constructed and/or installed by the Districts. The cost, scope, and definition of such Public Improvements may vary over time. The total estimated costs of Public Improvements, as set forth in Exhibit F, excluding any improvements paid for by the Regional Mill Levy necessary to serve the Planned 13.1 Packet Pg. 177 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 12 Development, are approximately $30,131,965 in 2019 dollars. The cost estimates are based upon preliminary engineering, architectural surveys, and reviews of the Public Improvements set forth in Exhibit F and include all construction cost estimates together with estimates of costs such as land acquisition, engineering services, legal expenses and other associated expenses. Maps of the anticipated location, operation, and maintenance of Public Improvements are attached hereto as Exhibit G. Changes in the Public Improvements or cost, which are approved by the City in an Approved Development Plan and any agreement approved by the City Council pursuant to Section IV.B of this Service Plan, shall not constitute a Service Plan Amendment. In addition, due to the preliminary nature of the Project, the City shall not be bound by this Service Plan in reviewing and approving the Approved Development Plan and the Approved Development Plan shall supersede the Service Plan with regard to the cost, scope, and definition of Public Improvements. Provided, however, any agreement approved and entered into pursuant to Section IV.B of this Service Plan for the provision of a Public Improvement that is also a Public Benefit shall supersede both this Service Plan and the Approved Development Plan. Except as otherwise provided by an agreement approved under Section IV.B of this Service Plan: (i) the design, phasing of construction, location and completion of Public Improvements will be determined by the Districts to coincide with the phasing and development of the Planned Development and the availability of funding sources; (ii) the Districts may, in their discretion, phase the construction, completion, operation, and maintenance of Public Improvements or defer, delay, reschedule, rephase, relocate or determine not to proceed with the construction, completion, operation, and maintenance of Public Improvements, and such actions or determinations shall not constitute a Service Plan Amendment; (iii) the Districts shall also be permitted to allocate costs between such categories of the Public Improvements as deemed necessary in their discretion; and (iv) to the extent that the City reimburses a developer for Public Improvements that would otherwise be reimbursable under the Special District Act, the District shall not reimburse the developer for such Public Improvements. The Public Improvements shall be listed using an ownership and maintenance matrix in Exhibit F, either individually or categorically, to identify the ownership and maintenance responsibilities of the Public Improvements. The City Code has development standards, contracting requirements and other legal requirements related to the construction and payment of public improvements and related to certain operation activities. Relating to these, the Districts shall comply with the following requirements: A. Development Standards. The Districts shall ensure that the Public Improvements are designed and constructed in accordance with the standards and specifications of the City Code and of other governmental entities having proper jurisdiction, as applicable. The Districts directly, or indirectly through any Developer, will obtain the City’s approval of civil engineering plans and will obtain applicable permits for construction and installation of Public Improvements prior to performing such work. Unless waived by the City Council, the Districts shall be required, in accordance with the City Code, to post a surety bond, letter of credit, or other approved development security for any Public Improvements to be constructed by the Districts. Such development security may be released in the City Manager’s discretion when the constructing District has obtained funds, 13.1 Packet Pg. 178 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 13 through Debt issuance or otherwise, adequate to insure the construction of the Public Improvements, unless such release is prohibited by or in conflict with any City Code provision, State law or any agreement approved and entered into under Section IV.B of this Service Plan. Any limitation or requirement concerning the time within which the City must review the Districts’ proposal or application for an Approved Development Plan or other land use approval is hereby waived by the Districts. B. Contracting. The Districts shall comply with all applicable State purchasing, public bidding and construction contracting requirements and limitations. C. Land Acquisition and Conveyance. The purchase price of any land or improvements acquired by the Districts from the Developer shall be no more than the then-current fair market value as confirmed by an independent MAI appraisal for land and by an independent professional engineer for improvements. Land, easements, improvements and facilities conveyed to the City shall be free and clear of all liens, encumbrances and easements, unless otherwise approved by the City Manager prior to conveyance. All conveyances to the City shall be by special warranty deed, shall be conveyed at no cost to the City, shall include an ALTA title policy issued to the City, shall meet the environmental standards of the City and shall comply with any other conveyance prerequisites required in the City Code. D. Equal Employment and Discrimination. In connection with the performance of all acts or activities hereunder, the Districts shall not discriminate against any person otherwise qualified with respect to its hiring, discharging, promoting or demoting or in matters of compensation solely because of race, color, religion, national origin, gender, age, military status, sexual orientation, gender identity or gender expression, marital status, or physical or mental disability, and further shall insert the foregoing provision in contracts or subcontracts entered into by the Districts to accomplish the purposes of this Service Plan. IX. FINANCIAL PLAN/PROPOSED DEBT This Section IX of the Service Plan describes the nature, basis, method of funding and financing limitations associated with the acquisition, construction, completion, repair, replacement, operation and maintenance of Public Improvements. A. Financial Plan. The Districts’ Financial Plan, attached as Exhibit H and incorporated by reference, reflects the Districts’ anticipated schedule for incurring Debt to fund Public Improvements in support of the Project. The Financial Plan also reflects the schedule of all anticipated revenues flowing to the Districts derived from the Districts’ mill levies, Fees imposed by the Districts, specific ownership taxes, and all other anticipated legally available revenues. The Financial Plan is based on economic, political and industry conditions as they presently exist and reasonable 13.1 Packet Pg. 179 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 14 projections and estimates of future conditions. These projections and estimates are not to be interpreted as the only method of implementation of the District’s goals and objectives but rather a representation of one feasible alternative. Other financial structures may be used so long as they are in compliance with this Service Plan. The Financial Plan incorporates all of the provisions of this Section IX. Based upon the assumptions contained therein, the Financial Plan projects the issuance of Bonds to fund Public Improvements and anticipated Debt repayment based on the development assumptions and absorptions of the property in the Service Area by End Users. The Financial Plan anticipates that the Districts will acquire, construct, and complete all Public Improvements needed to serve the Service Area. The Financial Plan demonstrates that the Districts will have the financial ability to discharge all Debt to be issued as part of the Financial Plan on a reasonable basis. Furthermore, the Districts will secure the certification of an External Financial Advisor who will provide an opinion as to whether such Debt issuances are in the best interest of the Districts at the time of issuance. B. Mill Levies. It is anticipated that the Districts will impose a Debt Mill Levy and an Operating Mill Levy on all property within the Service Area. In doing so, the following shall apply: 1. Aggregate Mill Levy Maximum The Aggregate Mill Levy shall not exceed in any year the Aggregate Mill Levy Maximum, which is fifty (50) mills. 2. Regional Mill Levy Not Included in Other Mill Levies The Regional Mill Levy shall not be counted against the Aggregate Mill Levy Maximum. 3. Operating Mill Levy The Districts may each impose an Operating Mill Levy of up to fifty (50) mills until the District imposes a Debt Mill Levy. Once a District imposes a Debt Mill Levy of any amount, that District’s Operating Mill Levy shall not exceed ten (10) mills at any point. 4. Gallagher Adjustments In the event the State’s method of calculating assessed valuation for the Taxable Property changes after January 1, 2019, or any constitutionally mandated tax credit, cut or abatement takes effect after January 1, 2019, the Districts’ Aggregate Mill Levy, Debt Mill Levy, Operating Mill Levy, and Aggregate Mill Levy Maximum, amounts herein provided may be increased or decreased to reflect such changes; such increases or decreases shall be determined 13.1 Packet Pg. 180 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 15 by the Districts’ Boards in good faith so that to the extent possible, the actual tax revenues generated by such mill levies, as adjusted, are neither enhanced nor diminished as a result of such change occurring after January 1, 2019. For purposes of the foregoing, a change in the ratio of actual valuation to assessed valuation will be a change in the method of calculating assessed valuation. 5. Excessive Mill Levy Pledges Any Debt issued with a mill levy pledge, or which results in a mill levy pledge, that exceeds the Aggregate Mill Levy Maximum or the Maximum Debt Mill Levy Imposition Term, shall be deemed a material modification of this Service Plan and shall not be an authorized issuance of Debt unless and until such material modification has been approved by a Service Plan Amendment. 6. Refunding Debt The Maximum Debt Mill Levy Imposition Term may be exceeded for Debt refunding purposes if: (1) a majority of the issuing District’s Board is composed of End Users and have voted in favor of a refunding of a part or all of the Debt; or (2) such refunding will result in a net present value savings. 7. Maximum Debt Authorization The Districts anticipate approximately $30,131,965 in project costs in 2019 dollars as set forth in Exhibit F and anticipate issuing approximately $16,000,000 in Debt to pay such costs as set forth in Exhibit H, which Debt issuance amount shall be the amount of the Maximum Debt Authorization. In addition, a District shall not issue any Debt unless and until delivery of the District’s Public Benefits have been secured as required in Section IV.B of this Service Plan. The Districts collectively shall not issue Debt in excess of the Maximum Debt Authorization. Bonds which have been refunded shall not count against the Maximum Debt Authorization. The Districts must obtain from the City Council a Service Plan Amendment prior to issuing Debt in excess of the Maximum Debt Authorization. C. Maximum Voted Interest Rate and Underwriting Discount. The interest rate on any Debt is expected to be the market rate at the time the Debt is issued. The maximum interest rate on any Debt, including any defaulting interest rate, is not permitted to exceed twelve percent (12%). The maximum underwriting discount shall be three percent (3%). Debt, when issued, will comply with all relevant requirements of this Service Plan, the Special District Act, other applicable State law and federal law as then applicable to the issuance of public securities. D. Interest Rate and Underwriting Discount Certification. The Districts shall retain an External Financial Advisor to provide a written opinion on the market reasonableness of the interest rate on any Debt and any underwriter discount payed 13.1 Packet Pg. 181 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 16 by the Districts as part of a Debt financing transaction. The Districts shall provide this written opinion to the City before issuing any Debt based on it. E. Disclosure to Purchasers. In order to notify future End Users who are purchasing residential lots or dwellings units in the Service Area that they will be paying, in addition to the property taxes owed to other taxing governmental entities, the property taxes imposed under the Debt Mill Levy, the Operating Mill Levy and possibly the Regional Mill Levy, the Districts shall not be authorized to issue any Debt under this Service Plan until there is included in the Developer’s Approved Development Plan provisions that require the following: 1. That the Developer, and its successors and assigns, shall prepare and submit to the City Manager for his approval a disclosure notice in substantially the form attached hereto as Exhibit H (the “Disclosure Notice”); 2. That when the Disclosure Notice is approved by the City Manager, the Developer shall record the Disclosure Notice in the Larimer County Clerk and Recorders Office; and 3. That the approved Disclosure Notice shall be provided by the Developer, and by its successors and assigns, to each potential End User purchaser of a residential lot or dwelling unit in the Service Area before that purchaser enters into a written agreement for the purchase and sale of that residential lot or dwelling unit. F. External Financial Advisor. An External Financial Advisor shall be retained by the Districts to provide a written opinion as to whether any Debt issuance is in the best interest of the issuing District once the total amount of Debt issued by such District exceeds Five Million Dollars ($5,000,000). The External Financial Advisor is to provide advice to the issuing District’s Board regarding the proposed terms and whether Debt conditions are reasonable based upon the status of development within the District, the projected tax base increase in the District, the security offered and other considerations as may be identified by the Advisor. The issuing District shall include in the transcript of any Bond transaction, or other appropriate financing documentation for related Debt instrument, a signed letter from the External Financial Advisor providing an official opinion on the structure of the Debt, stating the Advisor’s opinion that the cost of issuance, sizing, repayment term, redemption feature, couponing, credit spreads, payment, closing date, and other material transaction details of the proposed Debt serve the best interest of the issuing District. Debt shall not be undertaken by the Districts if found to be unreasonable by the External Financial Advisor. G. Disclosure to Debt Purchasers. Any Debt of the Districts shall set forth a statement in substantially the following form: 13.1 Packet Pg. 182 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 17 By acceptance of this instrument, the owner of this Debt agrees and consents to all of the limitations with respect to the payment of the principal and interest on this Debt contained herein, in the resolution of the District authorizing the issuance of this Debt and in the Service Plan of the District. This Debt is not and cannot be a Debt of the City of Fort Collins. Similar language describing the limitations with respect to the payment of the principal and interest on Debt set forth in this Service Plan shall be included in any document used for the offering of the Debt for sale to persons, including, but not limited to, a Developer of property within the Service Area. H. Security for Debt. The Districts shall not pledge any revenue or property of the City as security for the indebtedness set forth in this Service Plan. Approval of this Service Plan shall not be construed as a guarantee by the City of payment of any of the Districts’ obligations; nor shall anything in the Service Plan be construed to create any responsibility or liability on the part of the City in the event of default by the Districts in the payment of any such obligation. I. TABOR Compliance. The Districts shall comply with the provisions of TABOR. In the discretion of the Districts’ Boards, the Districts may set up other qualifying entities to manage, fund, construct and operate facilities, services, and programs. To the extent allowed by law, any entity created by a District will remain under the control of the District’s Board. J. Districts’ Operating Costs. The estimated cost of acquiring land, engineering services, legal services and administrative services, together with the estimated costs of the Districts’ organization and initial operations, are anticipated to be One Hundred Thousand Dollars ($100,000), which will be eligible for reimbursement from Debt proceeds. In addition to the capital costs of the Public Improvements, the Districts will require operating funds for administration and to plan and cause the Public Improvements to be operated and maintained. The first year’s operating budget is estimated to be Fifty Thousand Dollars ($50,000). Ongoing administration, operations and maintenance costs may be paid from property taxes collected through the imposition of an Operating Mill Levy, subject to the limitations set forth in Section IX.B.3, as well as from other revenues legally available to the Districts. X. REGIONAL IMPROVEMENTS The Districts shall be authorized to provide for the planning, design, acquisition, funding, construction, installation, relocation, redevelopment, administration and overhead costs related to 13.1 Packet Pg. 183 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 18 the provision of Regional Improvements. At the discretion of the City, the Districts shall impose a Regional Improvement Mill Levy on all property within the Districts’ Boundaries and any properties thereafter included in the Boundaries under the following terms: A. Regional Mill Levy Authority. The Districts shall seek the authority to impose an additional Regional Mill Levy of five (5) mills as part of the Districts’ initial TABOR election. The Districts shall also seek from the electorate in that election the authority under TABOR to enter into an intergovernmental agreement with the City obligating the Districts to pay as a multiple-fiscal year obligation the proceeds from the Regional Mill Levy to the City. Obtaining such voter-approval of this intergovernmental agreement shall be a precondition to the Districts issuing any Debt and imposing the Debt Mill Levy, the Operating Mill Levy and Fees for the repayment of Debt under this Service Plan. B. Regional Mill Levy Imposition. The Districts shall each impose the Regional Mill Levy at a rate not to exceed five (5) mills within one year of receiving written notice from the City Manager to the Districts requesting the imposition of the Regional Mill Levy and stating the mill rate to be imposed. C. City Notice Regarding Regional Improvements. Such notice from the City shall provide a description of the Regional Improvements to be constructed and an analysis explaining how the Regional Improvements will be beneficial to property owners within the Service Area. The City shall make a good faith effort to require that planned developments that (i) are adjacent to the Service Area and (ii) will benefit from the Regional Improvement also impose a Regional Mill Levy, to the extent possible. D. Regional Improvements Authorized Under Service Plan. If so notified by the City Manager, the Regional Improvements shall be considered public improvements that the Districts would otherwise be authorized to design, construct, install re-design, re-construct, repair or replace pursuant to this Service Plan and applicable law. E. Expenditure of Regional Mil Levy Revenues. Revenue collected through the imposition of the Regional Mill Levy shall be expended as follows: 1. Intergovernmental Agreement If the City and the Districts have executed an intergovernmental agreement concerning the Regional Improvements, then the revenue from the Regional Mill Levy shall be used in accordance with such agreement; 2. No Intergovernmental Agreement 13.1 Packet Pg. 184 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 19 If no intergovernmental agreement exists between the Districts and the City, then the revenue from the Regional Mill Levy shall be paid to the City, for use by the City in the planning, designing, constructing, installing, acquiring, relocating, redeveloping or financing of Regional Improvements which benefit the End Users of the Districts as prioritized and determined by the City. F. Regional Mill Levy Term. The imposition of the Regional Mill Levy shall not exceed a term of twenty-five (25) years from December 31 of the tax collection year after which the Regional Mill Levy is first imposed. G. Completion of Regional Improvements. All Regional Improvements shall be completed prior to the end of the twenty-five (25) year Regional Mill Levy term. H. City Authority to Require Imposition. The City’s authority to require a District to initiate the imposition of a Regional Mill Levy shall expire fifteen (15) years after December 31st of the year in which said District first imposes a Debt Mill Levy. I. Regional Mill Levy Not Included in Other Mill Levies. The Regional Mill Levy imposed shall not be applied toward the calculation of the Aggregate Mill Levy Maximum. J. Gallagher Adjustment. In the event the method of calculating assessed valuation is changed January 1, 2019, or any constitutionally mandated tax credit, cut or abatement takes effect after January 1, 2019, the Regional Mill Levy may be increased or shall be decreased to reflect such changes; such increases or decreases shall be determined by each of the Districts’ Boards in good faith so that to the extent possible, the actual tax revenues generated by the Regional Mill Levy, as adjusted, are neither enhanced nor diminished as a result of such change occurring after January 1, 2019. For purposes of the foregoing, a change in the ratio of actual valuation to assessed valuation will be a change in the method of calculating assessed valuation. XI. CITY FEES The Districts shall pay all applicable City fees as required by the City Code. XII. BANKRUPTCY LIMITATIONS All of the limitations contained in this Service Plan, including, but not limited to, those pertaining to the Aggregate Mill Levy Maximum, Maximum Debt Mill Levy Imposition Term and Fees, have been established under the authority of the City in the Special District Act to approve 13.1 Packet Pg. 185 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 20 this Service Plan. It is expressly intended that by such approval such limitations: (i) shall not be set aside for any reason, including by judicial action, absent a Service Plan Amendment; and (ii) are, together with all other requirements of State law, included in the “political or governmental powers” reserved to the State under the U.S. Bankruptcy Code (11 U.S.C.) Section 903, and are also included in the “regulatory or electoral approval necessary under applicable non-bankruptcy law” as required for confirmation of a Chapter 9 Bankruptcy Plan under Bankruptcy Code Section 943(b)(6). XIII. ANNUAL REPORTS AND BOARD MEETINGS A. General. Each of the Districts shall be responsible for submitting an annual report to the City Clerk no later than September 1st of each year following the year in which the Orders and Decrees creating the Districts have been issued. The Districts may file a consolidated annual report. The annual report(s) may be made available to the public on the City’s website. B. Board Meetings. Each of the Districts’ Boards shall hold at least one public board meeting in three of the four quarters of each calendar year, beginning in the first full calendar year after a District’s creation. This meeting requirement shall not apply until there is at least one End User of property within the District. Also, this requirement shall no longer apply when a majority of the directors on the District’s Board are End Users. Notice for each of these meetings shall be given in accordance with the requirements of the Special District Act and other applicable State Law. C. Report Requirements. Unless waived in writing by the City Manager, each of the Districts’ annual report must include the following: 1. Narrative A narrative summary of the progress of the District in implementing its Service Plan for the report year. 2. Financial Statements Except when an exemption from audit has been granted for the report year under the Local Government Audit Law, the audited financial statements of the District for the report year including a statement of financial condition (i.e., balance sheet) as of December 31 of the report year and the statement of operation (i.e., revenue and expenditures) for the report year. 3. Capital Expenditures Unless disclosed within a separate schedule to the financial statements, a summary of the capital expenditures incurred by the District in development of improvements in the report year. 13.1 Packet Pg. 186 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 21 4. Financial Obligations Unless disclosed within a separate schedule to the financial statements, a summary of financial obligations of the District at the end of the report year, including the amount of outstanding Debt, the amount and terms of any new District Debt issued in the report year, the total assessed valuation of all Taxable Property within the Service Area as of January 1 of the report year and the current total District mill levy pledged to Debt retirement in the report year. 5. Board Contact Information The names and contact information of the current directors on the District’s Board, any District manager and the attorney for the District shall be listed in the report. The District’s current office address, phone number, email address and any website address shall also be listed in the report. 6. Other Information Any other information deemed relevant by the City Council or deemed reasonably necessary by the City Manager. D. Reporting of Significant Events. The annual report of each District shall include information as to any of the following that occurred during the report year: 1. Boundary changes made or proposed to the District’s Boundaries as of December 31 of the report year. 2. Intergovernmental Agreements with other governmental entities, either entered into or proposed as of December 31 of the report year. 3. Copies of the District’s rules and regulations, if any, or substantial changes to the District’s rules and regulations as of December 31 of the report year. 4. A summary of any litigation which involves the District’s Public Improvements as of December 31 of the report year. 5. A list of all facilities and improvements constructed by the District that have been dedicated to and accepted by the City as of December 31 of the report year. 6. Notice of any uncured events of default by the District, which continue beyond a ninety (90) day period, under any Debt instrument. 7. Any inability of the District to pay its obligations as they come due, in accordance with the terms of such obligations, which continue beyond a ninety (90) day period. E. Failure to Submit. 13.1 Packet Pg. 187 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 22 In the event the annual report is not timely received by the City Clerk or is not fully responsive, notice of such default shall be given to the District’s Board at its last known address. The failure of the District to file the annual report within forty-five (45) days of the mailing of such default notice by the City Clerk may constitute a material modification of the Service Plan, at the discretion of the City Manager. XIV. SERVICE PLAN AMENDMENTS This Service Plan is general in nature and does not include specific detail in some instances. The Service Plan has been designed with sufficient flexibility to enable the Districts to provide required improvements, services and facilities under evolving circumstances without the need for numerous amendments. Modification of the general types of improvements and facilities making up the Public Improvements, and changes in proposed configurations, locations or dimensions of the Public Improvements, shall be permitted to accommodate development needs consistent with the then-current Approved Development Plans for the Project and any agreement approved by the City Council pursuant to the Section IV.B of this Service Plan. Any action of one or more of the Districts, which is a material modification of this Service Plan requiring a Service Plan Amendment as provided in in Section XV of this Service Plan or that does not comply with any provision of this Service Plan, shall be deemed to be a material modification to this Service Plan unless otherwise expressly provided in this Service Plan. All other departures from the provisions of this Service Plan shall be considered on a case-by-case basis as to whether such departures are a material modification under this Service Plan or the Special District Act. XV. MATERIAL MODIFICATIONS Material modifications to this Service Plan may be made only in accordance with C.R.S. Section 32-1-207 as a Service Plan Amendment. No modification shall be required for an action of the Districts that does not materially depart from the provisions of this Service Plan, unless otherwise provided in this Service Plan. Departures from the Service Plan that constitute a material modification requiring a Service Plan Amendment include, without limitation: A. Actions or failures to act that create materially greater financial risk or burden to the taxpayers of the Districts; B. Performance of a service or function, construction of an improvement, or acquisition of a major facility that is not closely related to an improvement, service, function or facility authorized in the Service Plan; C. Failure to perform a service or function, construct an improvement or acquire a facility required by the Service Plan; and D. Failure to comply with any of the prohibitions, limitations and restrictions of this Service Plan. XVI. DISSOLUTION 13.1 Packet Pg. 188 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 23 Upon independent determination by the City Council that the purposes for which any District was created have been accomplished, said District shall file a petition in district court for dissolution as provided in the Special District Act. In no event shall dissolution occur until the District has provided for the payment or discharge of all of its outstanding indebtedness and other financial obligations as required pursuant to State law. In addition, if within three (3) years from the date of the City Council’s approval of this Service Plan no agreement contemplated under Section IV.B of this Service Plan has been entered into by the City with any of the Districts and/or any Developer, despite the parties conducting good faith negotiations attempting to do so, the City may opt to pursue the remedies available to it under C.R.S. Section 32-1-701(3) in order to compel the Districts to dissolve in a prompt and orderly manner. In such event: (i) the limited purposes and powers of the Districts, as authorized herein, shall automatically terminate and be expressly limited to taking only those actions that are reasonably necessary to dissolve; (ii) the Board of each of the Districts will be deemed to have agreed with the City regarding its dissolution without an election pursuant to C.R.S. §32-1- 704(3)(b); (iii) the Districts shall take no action to contest or impede the dissolution of the Districts and shall affirmatively and diligently cooperate in securing the final dissolution of the Districts, and (iv) subject to the statutory requirements of the Special District Act, the Districts shall thereupon dissolve. XVII. SANCTIONS Should any of the Districts undertake any act without obtaining prior City Council approval or consent or City Manager approval or consent as required in this Service Plan, that constitutes a material modification to this Service Plan requiring a Service Plan Amendment as provided herein or under the Special District Act, or that does not otherwise comply with the provisions of this Service Plan, the City Council may impose one (1) or more of the following sanctions, as it deems appropriate: A. Exercise any applicable remedy under the Special District Act; B. Withhold the issuance of any permit, authorization, acceptance or other administrative approval, or withhold any cooperation, necessary for the District’s development or construction or operation of improvements or provision of services; C. Exercise any legal remedy under the terms of any intergovernmental agreement under which the District is in default; or D. Exercise any other legal and equitable remedy available under the law, including seeking prohibitory and mandatory injunctive relief against the District, to ensure compliance with the provisions of the Service Plan or applicable law. XVIII. INTERGOVERNMENTAL AGREEMENT WITH CITY Each of the Districts and the City shall enter into an intergovernmental agreement, the form of which shall be in substantially the form attached hereto as Exhibit I and incorporated by reference (the “IGA”). However, the City and the Districts may include such additional details, terms and conditions as they deem necessary in connection with the Project and the construction 13.1 Packet Pg. 189 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 24 and funding of the Public Improvements and the Public Benefits. Each of the Districts’ Boards shall approve the IGA at their first board meeting, unless agreed otherwise by the City Manager. Entering into this IGA is a precondition to each of the Districts issuing any Debt or imposing any Debt Mill Levy, Operating Mill Levy or Fee for the payment of Debt under this Service Plan. In addition, failure of any of the Districts to enter into the IGA as required herein shall constitute a material modification of this Service Plan and subject the District to the sanctions in Section XVII of this Service Plan. The City and the Districts may amend the IGA from time-to-time provided such amendment is not in conflict with any provision of this Service Plan. XIX. CONCLUSION It is submitted that this Service Plan, as required by C.R.S. Section 32-1-203(2), establishes that: A. There is sufficient existing and projected need for organized service in the Service Area to be served by the Districts; B. The existing service in the Service Area to be served by the Districts is inadequate for present and projected needs; C. The Districts are capable of providing economical and sufficient service to the Service Area; and D. The Service Area does have, and will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. XX. RESOLUTION OF APPROVAL The Districts agree to incorporate the City Council’s resolution approving this Service Plan, including any conditions on any such approval, into the copy of the Service Plan presented to the District Court for and in Larimer County, Colorado. 13.1 Packet Pg. 190 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) A-1-1 EXHIBIT A-1 LEGAL DESCRIPTION OF DISTRICT NO. 1 BOUNDARIES 13.1 Packet Pg. 191 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) Field Date Prepared for: Project#: Proj. Manager # Date R e v i s i o n s Party Chief Survey Tech 532 West 66th Street Loveland, Colorado 80538 Office 970.669.2100 - Info@plscorporation.com PLS Corporation NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. 16057.012-D1 N/A Highland Development Services, Inc. N/A MDG MBS see sheet 2 for exhibit sheet 1 of 2 A portion of the Southeast 1 4 of Section 1, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado: Considering the East line of the Southeast 1 4 of Section 1, Township 7 North, Range 69 West of the 6th P.M., as bearing N 00°16'34" E, and with all bearings contained herein being relative thereto. COMMENCING at the Southeast corner of Section 1, Township 7 North, Range 69 West of the 6th P.M.; thence N 00°16'34" E for a distance of 1067.36 feet along the East line of the Southeast 1 4 of said Section 1; thence N 89°43'26" W for a distance of 50.00 feet to a point on the Westerly right-of-way line of North Lemay Avenue; thence N 85°25'31" W for a distance of 1687.59 feet to the POINT OF BEGINNING - D1; thence N 89°11'25" W for a distance of 19.00 feet; thence N 00°48'35" E for a distance of 9.00 feet; thence S 89°11'25" E for a distance of 19.00 feet; thence S 00°48'35" W for a distance of 9.00 feet to the Point of Beginning - D1. Containing 171 sq. ft. more or less. Written by M. Bryan Short, Colorado PLS 32444 13.1 Packet Pg. 192 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) N 85°25'31" W 1687.59' POINT OF BEGINNING - D1 S 89°11'25" E N 00°48'35" E 19.00' 9.00' N 89°11'25" W 19.00' S 00°48'35" W 9.00' District 1 ±171 sq. ft. POINT OF COMMENCEMENT, Southeast Corner of Section 1, Township 7 North, Range 69 West N 00°16'34" E 1067.36' basis of bearings East line of the Southeast 1 4 of Section 1 50.00' N 89°43'26" W West right-of-way line North Lemay Avenue North Lemay Avenue East 1 4 Corner of Section 1, Township 7 North, Range 69 West Field Date Prepared for: Project#: Proj. Manager # Date R e v i s i o n s Party Chief Survey Tech 532 West 66th Street Loveland, Colorado 80538 Office 970.669.2100 - Info@plscorporation.com PLS Corporation NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. 16057.012-D1 N/A Highland Development Services, Inc. N/A MDG MBS Scale 1 inch = 50 feet 50 0 25 50 100 see sheet 1 for description sheet 2 of 2 13.1 Packet Pg. 193 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) A-2-1 EXHIBIT A-2 LEGAL DESCRIPTION OF DISTRICT NO. 2 BOUNDARIES 13.1 Packet Pg. 194 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) P:\Project\2016\16057\dwg\16057d012_D2.dwg May 03, 2019 - 9:21am Office 970.669.2100 - Info@plscorporation.com PLS Corporation Loveland, Colorado 80538 532 West 66th Street # Date R e v i s i o n s Party Chief Survey Tech Proj. Manager Field Date Prepared for: Project#: NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. Description Exhibit MBS MDG N/A N/A Highland Development Services, Inc. 16057.012-D2 see sheet 2 for exhibit sheet 1 of 2 A portion of the Southeast 1 4 of Section 1, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado: Considering the East line of the Southeast 1 4 of Section 1, Township 7 North, Range 69 West of the 6th P.M., as bearing N 00°16'34" E, and with all bearings contained herein being relative thereto. COMMENCING at the Southeast corner of Section 1, Township 7 North, Range 69 West of the 6th P.M.; thence N 00°16'34" E for a distance of 1067.36 feet along the East line of the Southeast 1 4 of said Section 1; thence N 89°43'26" W for a distance of 50.00 feet to a point on the Westerly right-of-way line of North Lemay Avenue to the POINT OF BEGINNING, said point also being "Point A"; thence N 89°43'26" W for a distance of 1543.20 feet to a point of a tangent curve, concave to the North, having a radius of 8500.00 feet, a chord bearing of N 87°56'46" W and a chord length of 527.39 feet; thence Westerly along the arc of said curve for a distance of 527.47 feet through a central angle of 3°33'20" to a point of tangency; thence N 86°10'06" W for a distance of 60.78 feet to the approximate centerline of Lake Canal Ditch; thence N 47°26'34" E for a distance of 1872.56 feet along said ditch centerline; thence S 41°24'11" E for a distance of 160.98 feet to a point of a non-tangent curve, concave to the Southeast, having a radius of 640.73 feet, a chord bearing N 65°12'14" E and a chord length of 334.72 feet; thence Northeasterly along the arc of said curve for a distance of 338.65 feet, through a central angle of 30°16'59" to a point of non-tangency; thence N 80°24'34" E for a distance of 111.00 feet to a point of a non-tangent curve, concave to the South, having a radius of 766.41 feet, a chord bearing N 85°20'34" E and a chord length of 131.82 feet; thence Easterly along the arc of said curve for a distance of 131.98 feet, through a central angle of 9°52'01" to a point of tangency; thence S 89°43'26" E for a distance of 106.87 feet to a point on the aforesaid Westerly right-of-way line of North Lemay Avenue; thence S 00°16'34" W for a distance of 1345.19 feet along said Westerly right-of-way line to the Point of Beginning. EXCEPT that portion described as follows; COMMENCING at the aforesaid "Point A"; thence N 85°25'31" W for a distance of 1687.59 feet to the POINT OF BEGINNING - D1; thence N 89°11'25" W for a distance of 19.00 feet; thence N 00°48'35" E for a distance of 9.00 feet; thence S 89°11'25" E for a distance of 19.00 feet; thence S 00°48'35" W for a distance of 9.00 feet to the Point of Beginning - D1. ALSO EXCEPT that potion described as follows; COMMENCING at the aforesaid "Point A"; thence N 84°48'57" W for a distance of 1688.87 feet to the POINT OF BEGINNING - D3; N 89°43'26" W 50.00' POINT OF BEGINNING - D2 POINT OF COMMENCEMENT "Point A" N 85°25'31" W 1687.59' N 84°48'57" W 1688.87' N 47°26'34" E 1872.56' L2 C2 L3 C3 L4 S 00°16'34" W 1345.19' N 89°43'26" W 1543.20' C1 L1 West right-of-way line North Lemay Avenue District 2 ±43.074 acres see Detail this sheet approximate centerline of Lake Canal Ditch North Lemay Avenue POINT OF COMMENCEMENT, Southeast Corner of Section 1, Township 7 North, Range 69 West 1067.36' N 0°16'34" E basis of bearings East line of the Southeast 1 4 of Section 1 Line Table Line # L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 Length 60.78' 160.98' 111.00' 106.87' 19.00' 9.00' 19.00' A-3-1 EXHIBIT A-3 LEGAL DESCRIPTION OF DISTRICT NO. 3 BOUNDARIES 13.1 Packet Pg. 197 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) P:\Project\2016\16057\dwg\16057d012_D3.dwg May 03, 2019 - 9:23am Office 970.669.2100 - Info@plscorporation.com PLS Corporation Loveland, Colorado 80538 532 West 66th Street # Date R e v i s i o n s Party Chief Survey Tech Proj. Manager Field Date Prepared for: Project#: NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. Description Exhibit MBS MDG N/A N/A Highland Development Services, Inc. 16057.012-D3 A portion of the Southeast 1 4 of Section 1, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado: Considering the East line of the Southeast 1 4 of Section 1, Township 7 North, Range 69 West of the 6th P.M., as bearing N 00°16'34" E, and with all bearings contained herein being relative thereto. COMMENCING at the Southeast corner of Section 1, Township 7 North, Range 69 West of the 6th P.M.; thence N 00°16'34" E for a distance of 1067.36 feet along the East line of the Southeast 1 4 of said Section 1; thence N 89°43'26" W for a distance of 50.00 feet to a point on the Westerly right-of-way line of North Lemay Avenue to the POINT OF BEGINNING, said point also being "Point A"; thence N 89°43'26" W for a distance of 1543.20 feet to a point of a tangent curve, concave to the North, having a radius of 8500.00 feet, a chord bearing of N 87°56'46" W and a chord length of 527.39 feet; thence Westerly along the arc of said curve for a distance of 527.47 feet, through a central angle of 3°33'20" to a point of tangency; thence N 86°10'06" W for a distance of 60.78 feet to the approximate centerline of Lake Canal Ditch; thence S 47°26'34" W for a distance of 129.78 feet along said ditch centerline; thence S 43°44'54" W for a distance of 174.33 feet along said ditch centerline; thence S 30°52'19" W for a distance of 74.72 feet along said ditch centerline; thence S 89°46'46" E for a distance of 1478.15 feet to the West line of the ALTA VISTA SUBDIVISION, public records County of Larimer, State of Colorado; thence N 00°22'54" E for a distance of 100.00 feet along said West line to the North line of said ALTA VISTA SUBDIVISION; thence S 89°37'06" E for a distance of 625.00 feet along said North line to the East line of said ALTA VISTA SUBDIVISION; thence S 00°35'47" W for a distance of 100.26 feet along said East line; thence S 89°40'17" E for a distance of 281.38 feet to a point on the aforesaid Westerly right-of-way line of North Lemay Avenue; thence N 00°16'34" E for a distance of 259.17 feet along said Westerly right-of-way line to the Point of Beginning. AND that potion described as follows; COMMENCING at the aforesaid "Point A"; thence N 84°48'57" W for a distance of 1688.87 feet to the POINT OF BEGINNING - D3; thence N 89°11'25" W for a distance of 19.00 feet; thence N 00°48'35" E for a distance of 9.00 feet; thence S 89°11'25" E for a distance of 19.00 feet; thence S 00°48'35" W for a distance of 9.00 feet to the Point of Beginning - D3. Containing 12.185 acres more or less. Written by M. Bryan Short, Colorado PLS 32444 see sheet 2 for exhibit sheet 1 of 2 N 89°43'26" W 50.00' POINT OF BEGINNING POINT OF COMMENCEMENT "Point A" see Detail this sheet N 89°43'26" W 1543.20' R=8500.00' L=527.47' =3°33'20" Ch=527.39' CB=N 87°56'46" W N 86°10'06" W S 47°26'34" W 60.78' 129.78' S 43°44'54" W 174.33' S 30°52'19" W 74.72' S 89°46'46" E 1478.15' N 00°22'54" E 100.00' S 89°37'06" E 625.00' S 00°35'47" W 100.26' S 89°40'17" E 281.38' N 00°16'34" E 259.17' North Lemay Avenue N 84°48'57" W 1688.87' District 3 ±12.185 acres approximate centerline of Lake Canal Ditch West right-of-way line North Lemay Avenue West line of ALTA VISTA SUBDIVISION North line of ALTA VISTA SUBDIVISION East line of ALTA VISTA SUBDIVISION ALTA VISTA SUBDIVISION POINT OF COMMENCEMENT, Southeast Corner of Section 1, Township 7 North, Range 69 West N 00°16'34" E 1067.36' basis of bearings East line of the Southeast 1 4 of Section 1 East 1 4 Corner of Section 1, Township 7 North, Range 69 West N 84°48'57" W 1688.87' POINT OF BEGINNING - D3 B-1-1 EXHIBIT B-1 DISTRICT NO. 1 BOUNDARY MAP 13.1 Packet Pg. 200 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) LAKE CANAL N. LEMAY AVENUE E. SUNIGA ROAD N W E S LEGEND NORTHFIELD METRO DISTRICT BOUNDARY DISTRICT 1 171 SQ. FT. 0.004 AC. DEVELOPMENT HIGHLAND SERVCIES 6341 FAIRGROUNDS AVENUE, SUITE 100 | WINDSOR, CO 80550 PHONE: 970.674.7550 | FAX: 970.674.7568 | www.Highland-DS.com DRAWN BY DATE SCALE (H) HDS PROJ # SHEET OF NORTHFIELD DISTRICT 1 AREA BOUNDARY MAP 04/26/2019 1" = 300' KRB 18-1000-00 B-1 1 3 SCALE 1" = 150 0 300' 300 DISTRICT 1 ENLARGEMENT SCALE: 1" = 100' 13.1 Packet Pg. 201 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) B-2-1 EXHIBIT B-2 DISTRICT NO. 2 BOUNDARY MAP 13.1 Packet Pg. 202 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) LAKE CANAL DISTRICT 2 1,876,098 SQ. FT. 43.07 AC. N. LEMAY AVENUE E. SUNIGA ROAD N W E S LEGEND NORTHFIELD METRO DISTRICT BOUNDARY DEVELOPMENT HIGHLAND SERVCIES 6341 FAIRGROUNDS AVENUE, SUITE 100 | WINDSOR, CO 80550 PHONE: 970.674.7550 | FAX: 970.674.7568 | www.Highland-DS.com DRAWN BY DATE SCALE (H) HDS PROJ # SHEET OF NORTHFIELD DISTRICT 2 AREA BOUNDARY MAP 04/26/2019 1" = 300' KRB 18-1000-00 B-2 2 3 SCALE 1" = 150 0 300' 300 13.1 Packet Pg. 203 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) B-3-1 EXHIBIT B-3 DISTRICT NO. 3 BOUNDARY MAP 13.1 Packet Pg. 204 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) LAKE CANAL DISTRICT 3 531,283 SQ. FT. 12.20 AC. N. LEMAY AVENUE E. SUNIGA ROAD N W E S LEGEND NORTHFIELD METRO DISTRICT BOUNDARY DEVELOPMENT HIGHLAND SERVCIES 6341 FAIRGROUNDS AVENUE, SUITE 100 | WINDSOR, CO 80550 PHONE: 970.674.7550 | FAX: 970.674.7568 | www.Highland-DS.com DRAWN BY DATE SCALE (H) HDS PROJ # SHEET OF NORTHFIELD DISTRICT 3 AREA BOUNDARY MAP 04/26/2019 1" = 300' KRB 18-1000-00 B-3 3 3 SCALE 1" = 150 0 300' 300 DISTRICT 3 171 SQ. FT. 0.004 AC. DISTRICT 3 ENLARGEMENT SCALE: 1" = 100' 13.1 Packet Pg. 205 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) C-1 EXHIBIT C VICINITY MAP 13.1 Packet Pg. 206 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) PROPOSED NORTHFIELD METRO DISTRICT N W E S DEVELOPMENT HIGHLAND SERVCIES 6355 FAIRGROUNDS AVENUE, SUITE 100 | WINDSOR, CO 80550 PHONE: 970.674.7550 | FAX: 970.674.7568 | www.Highland-DS.com DRAWN BY DATE SCALE (H) HDS PROJ # SHEET OF NORTHFIELD VICINITY MAP 04/30/2019 1" = 1000' KRB 18-1000-00 EXHIBIT C 1 1 0 SCALE: 1" = 1000' 500 1000 13.1 Packet Pg. 207 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) D-1 EXHIBIT D PUBLIC IMPROVEMENT COST ESTIMATES 13.1 Packet Pg. 208 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) Summary Estimate of Preliminary District Expenditures Design Engineer: K. Brigman Design Firm: Highland Development Services Project Number: 18-1000-00 Date: August 23, 2019 No. Quantity Units Unit Cost Total 1 0.805 LS $ 1,500,000.00 $ 1,207,500.00 Clearing, Grubbing, and Topsoil Stripping 45 AC $ 12,000.00 $ 540,960.00 201,250 CY $ 6.00 $ 1,207,500.00 Import Fill Dirt 161,000 CY $ 15.00 $ 2,415,000.00 0.805 LS $ 25,000.00 $ 20,125.00 $ 5,391,085.00 2 Metro District Owned Drives (24' Section) LF $ 205.00 $ - LF $ 225.00 $ - 4,264 LF $ 430.00 $ 1,833,520.00 Connector Local Street with Median (65' Section) 450 LF $ 550.00 $ 247,500.00 2,160 LF $ 346.00 $ 747,360.00 On-Site Suniga Rd 4-lane Arterial Upsizing (83' Section) LF $ 779.00 $ - LF $ 715.00 $ - 1 LS $ 250,000.00 $ 250,000.00 Signage and Striping 1 LS $ 25,000.00 $ 25,000.00 $ 3,103,380.00 3 2,260 LF $ 50.00 $ 113,000.00 8" Waterline 7,760 LF $ 65.00 $ 504,400.00 - LF $ 85.00 - - LF $ 100.00 - - LF $ 2,000.00 - - LS $ - - $ 617,400.00 4 6,356 LF $ 90.00 $ 572,040.00 1,484 LF $ 100.00 $ 148,400.00 12" Sanitary Sewer - LF $ 112.00 - 8" Subdrain - LF $ 75.00 - Existing 15" to 18" Sanitary Sewer Upsize LF $ 150.00 $ - LF $ 180.00 $ - $ 720,440.00 5 7,890 LF $ 190.00 $ 1,499,100.00 Outlet/Control Structure 9 EA $ 10,000.00 $ 90,000.00 LID Infiltration Galleries 3 EA $ 100,000.00 $ 300,000.00 $ 1,889,100.00 Subtotal Subtotal Sanitary Sewer Improvements 8" Sanitary Sewer RCP Storm Sewer Subtotal 10" Sanitary Sewer 10" Waterline On-Site Suniga Rd 2-lane Connector w/ Median (65' Section) Storm Drainage Improvements 12" Waterline Utility Borings Raw Water Requirements Existing 18" to 24" Sanitary Sewer Upsize Potable Waterline Improvements 6 AC $ - Landscaped Open Space 8.5 AC $ 110,000.00 $ 935,000.00 SF $ 15.00 $ - 1 LS $ 75,000.00 $ 75,000.00 LS $ 125,000.00 - Clubhouse/Pool LS $ 2,000,000.00 $ - $ 1,010,000.00 7 1 LS $ 1,274,000.00 $ 1,274,000.00 Construction Management / Inspection / Testing 1 LS $ 1,910,000.00 $ 1,910,000.00 1 LS $ 382,000.00 $ 382,000.00 $ 3,566,000.00 $ 16,297,405.00 Contingency (20%) $ 3,259,485.00 Total Cost $ 19,556,890.00 Subtotal Alta Vista Subdivision Buffer Area Monument Signs Regional Trails Engineering / Surveying Admin. / Planning / Permitting Natural Area Open Space Subtotal Admin. / Design / Permitting / Etc. Open Space, Parks, and Trails Infrastructure Subtotal 13.1 Packet Pg. 210 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) Summary Estimate of Preliminary District Expenditures Design Engineer: K. Brigman Design Firm: Highland Development Services Project Number: 18-1000-00 Date: August 23, 2019 No. Quantity Units Unit Cost Total 1 LS $ 1,500,000.00 $ - Clearing, Grubbing, and Topsoil Stripping AC $ 12,000.00 $ - CY $ 6.00 $ - Import Fill CY $ 15.00 $ - LS $ 25,000.00 $ - $ - 2 Metro District Owned Drives (24' Section) 3,960 LF $ 112.00 $ 443,520.00 2,880 LF $ 131.00 $ 377,280.00 LF $ 430.00 $ - Connector Local Street with Median (65' Section) LF $ 550.00 $ - LF $ 346.00 $ - On-Site Suniga Rd 4-lane Arterial Upsizing (83' Section) 2,160 LF $ 779.00 $ 1,682,640.00 520 LF $ 1,490.00 $ 774,800.00 LS $ 250,000.00 $ - Signage and Striping LS $ 25,000.00 $ - $ 3,278,240.00 3 LF $ 50.00 $ - 8" Waterline LF $ 65.00 $ - - LF $ 85.00 - - LF $ 100.00 - - LF $ 2,000.00 - - LS $ - - $ - 4 LF $ 90.00 $ - LF $ 100.00 $ - 12" Sanitary Sewer - LF $ 112.00 - 8" Subdrain - LF $ 75.00 - Existing 15" to 18" Sanitary Sewer Upsize 565 LF $ 176.00 $ 99,440.00 2,130 LF $ 206.00 $ 438,780.00 - LS - $ 538,220.00 5 LF $ 190.00 $ - Outlet/Control Structure EA $ 10,000.00 $ - LID Infiltration Galleries EA $ 100,000.00 $ - $ - Grading/Miscellaneous On-Site Suniga Rd 2-lane Connector w/ Median (65' Section) NON-BASIC PUBLIC IMPROVEMENT COSTS FOR NORTHFIELD METRO DISTRICT NOS. 1-3 The units and cost below are best assumptions based on the level of information available at this time in design. Street section in reference to LCUASS Connector Local street section, and pavement section in reference to geotech report Public Improvements Description Potable Waterline Improvements Mobilization / General Conditions Earthwork (cut/fill/place) Erosion Control / Traffic Control Subtotal Roadway Improvements Metro District Owned Drives (26' Section) 6 - AC $ - Landscaped Open Space 6.6 AC $ 110,000.00 $ 723,800.00 13,270 SF $ 15.00 $ 199,050.00 LS $ 75,000.00 $ - 1 LS $ 125,000.00 $ 125,000.00 1 LS $ 2,000,000.00 $ 2,000,000.00 $ 3,047,850.00 7 1 LS $ 687,000.00 $ 687,000.00 Construction Management / Inspection / Testing 1 LS $ 1,030,000.00 $ 1,030,000.00 1 LS $ 206,000.00 $ 206,000.00 $ 1,923,000.00 $ 8,787,310.00 Contingency (20%) $ 1,757,465.00 Total Cost $ 10,544,775.00 Open Space, Parks, and Trails Natural Area Open Space Subtotal Infrastructure Subtotal Monument Signs Alta Vista Subdivision Buffer Area Subtotal Admin. / Design / Permitting / Etc. Engineering / Surveying Admin. / Planning / Permitting Clubhouse/Pool Regional Trails 13.1 Packet Pg. 212 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) E-1 EXHIBIT E PUBLIC IMPROVEMENT MAPS 13.1 Packet Pg. 213 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) N. LEMAY AVENUE E. SUNIGA ROAD LEGEND COLLECTOR LOCAL STREETS (57' WIDE PUBLIC RIGHT-OF-WAY) NORTHFIELD METRO DISTRICT BOUNDARY 4-LANE ARTERIAL (115' WIDE PUBLIC RIGHT-OF-WAY) COLLECTOR LOCAL STREET WITH MEDIAN (86' WIDE PUBLIC RIGHT-OF-WAY) N W E S DEVELOPMENT HIGHLAND SERVCIES 6341 FAIRGROUNDS AVENUE, SUITE 100 | WINDSOR, CO 80550 PHONE: 970.674.7550 | FAX: 970.674.7568 | www.Highland-DS.com DRAWN BY DATE SCALE (H) HDS PROJ # SHEET OF NORTHFIELD STREETS MAP 04/29/2019 1" = 300' KRB 18-1000-00 E-1 1 5 SCALE 1" = 150 0 300' 300 PRIVATE DRIVES (26' WIDE SECTION) PRIVATE DRIVES (24' WIDE SECTION) 13.1 Packet Pg. 214 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) N. LEMAY AVENUE E. SUNIGA ROAD LAKE CANAL LEGEND WATER LINE - 8" PVC ALL WATER OWNED AND MAINTAINED BY FORT COLLINS UTILITIES NORTHFIELD METRO DISTRICT BOUNDARY N W E S DEVELOPMENT HIGHLAND SERVCIES 6341 FAIRGROUNDS AVENUE, SUITE 100 | WINDSOR, CO 80550 PHONE: 970.674.7550 | FAX: 970.674.7568 | www.Highland-DS.com DRAWN BY DATE SCALE (H) HDS PROJ # SHEET OF NORTHFIELD POTABLE WATER MAP 04/30/2019 1" = 300' KRB 18-1000-00 E-2 2 5 SCALE 1" = 150 0 300' EXISTING WATER LINE (SIZE AS LABELED) 300 13.1 Packet Pg. 215 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) N. LEMAY AVENUE E. SUNIGA ROAD LAKE CANAL LEGEND SEWER LINE - 8" PVC ALL SEWER OWNED AND MAINTAINED BY FORT COLLINS UTILITIES NORTHFIELD METRO DISTRICT BOUNDARY EXISTING SEWER LINE (SIZE AS LABELED) SEWER LINE - 10" PVC ALL SEWER OWNED AND MAINTAINED BY FORT COLLINS UTILITIES N W E S DEVELOPMENT HIGHLAND SERVCIES 6341 FAIRGROUNDS AVENUE, SUITE 100 | WINDSOR, CO 80550 PHONE: 970.674.7550 | FAX: 970.674.7568 | www.Highland-DS.com DRAWN BY DATE SCALE (H) HDS PROJ # SHEET OF NORTHFIELD SANITARY SEWER MAP 04/30/2019 1" = 300' KRB 18-1000-00 E-3 3 5 SCALE 1" = 150 0 300' 300 13.1 Packet Pg. 216 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) LAKE CANAL N. LEMAY AVENUE E. SUNIGA ROAD LEGEND RCP STORM DRAIN LINE (SIZES TO BE DETERMINED AT FINAL DESIGN) NORTHFIELD METRO DISTRICT BOUNDARY EXISTING STORM DRAIN LINE DETENTION AREAS LOW IMPACT DEVELOPMENT (LID) AREAS N W E S DEVELOPMENT HIGHLAND SERVCIES 6341 FAIRGROUNDS AVENUE, SUITE 100 | WINDSOR, CO 80550 PHONE: 970.674.7550 | FAX: 970.674.7568 | www.Highland-DS.com DRAWN BY DATE SCALE (H) HDS PROJ # SHEET OF NORTHFIELD STORM DRAINAGE MAP 04/30/2019 1" = 300' KRB 18-1000-00 E-4 4 5 SCALE 1" = 150 0 300' 300 13.1 Packet Pg. 217 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) LAKE CANAL N. LEMAY AVENUE E. SUNIGA ROAD LEGEND CONNECTIVITY LANDSCAPING WITH TRAILS NORTHFIELD METRO DISTRICT BOUNDARY STREETS WITH TREE LAWN AREAS LANDSCAPED OPEN SPACE N W E S DEVELOPMENT HIGHLAND SERVCIES 6341 FAIRGROUNDS AVENUE, SUITE 100 | WINDSOR, CO 80550 PHONE: 970.674.7550 | FAX: 970.674.7568 | www.Highland-DS.com DRAWN BY DATE SCALE (H) HDS PROJ # SHEET OF NORTHFIELD OPEN SPACE, PARKS, & TRAILS MAP 04/30/2019 1" = 300' KRB 18-1000-00 E-5 5 5 SCALE 1" = 150 0 300' 300 13.1 Packet Pg. 218 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) F-1 EXHIBIT F FINANCIAL PLAN 13.1 Packet Pg. 219 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) NORTHFIELD METROPOLITAN DISTRICT 1 Development Projection at 40.000 (target) Mills for Debt Service -- Service Plan 2050 Series 2030, G.O. Bonds, Pay & Cancel Refg of (proposed) Series 2020 + New Money, Assumes Investment Grade, 100x, 30-yr. Maturity 2049 0 < < < < < < < < Residential > > > > > > > > < Platted/Developed Lots > < < < < < < < < < < Commercial > > > > > > > > > > Mkt Value As'ed Value As'ed Value Mkt Value As'ed Value District District District Biennial @ 7.20% @ 29.00% Biennial @ 29.00% Total D/S Mill Levy D/S Mill Levy S.O. Taxes Total Total Reasses'mt Cumulative of Market Cumulative of Market Total Comm'l Reasses'mt Cumulative of Market Assessed [40.000 Target] Collections Collected Available YEAR Res'l Units @ 6.0% Market Value (2-yr lag) Market Value (2-yr lag) Sq. Ft. @ 6.0% Market Value (2-yr lag) Value [40.000 Cap] @ 98% @ 6% Revenue 2018 0 0 0 0 0 0 2019 0 0 1,070,551 0 0 0 2020 34 0 10,705,512 0 4,858,199 0 0 0 0 0 $0 40.000 0 0 0 2021 145 60,259,140 0 4,032,990 310,460 0 0 0 310,460 40.000 12,170 730 12,900 2022 115 3,615,548 105,206,784 770,797 3,277,464 1,408,878 2,679 0 627,127 0 2,179,675 40.000 85,443 5,127 90,570 2023 88 139,987,494 4,338,658 1,965,346 1,169,567 0 627,127 0 5,508,225 40.000 215,922 12,955 228,878 2024 54 8,399,250 169,660,283 7,574,888 215,424 950,465 0 37,628 664,755 181,867 8,707,220 40.000 341,323 20,479 361,802 2025 6 172,038,738 10,079,100 0 569,950 0 664,755 181,867 10,830,917 40.000 424,572 25,474 450,046 2026 0 10,322,324 182,361,062 12,215,540 0 62,473 0 39,885 704,640 192,779 12,470,792 40.000 488,855 29,331 518,186 2027 0 182,361,062 12,386,789 0 0 0 704,640 192,779 12,579,568 40.000 493,119 29,587 522,706 2028 0 10,941,664 193,302,726 13,129,996 0 0 0 42,278 746,918 204,346 13,334,342 40.000 522,706 31,362 554,069 2029 0 193,302,726 13,129,996 0 0 0 746,918 204,346 13,334,342 40.000 522,706 31,362 554,069 2030 0 11,598,164 204,900,890 13,917,796 0 0 0 44,815 791,734 216,606 14,134,403 40.000 554,069 33,244 587,313 2031 0 204,900,890 13,917,796 0 0 0 791,734 216,606 14,134,403 40.000 554,069 33,244 587,313 2032 0 12,294,053 217,194,943 14,752,864 0 0 0 47,504 839,238 229,603 14,982,467 40.000 587,313 35,239 622,551 2033 0 217,194,943 14,752,864 0 0 0 839,238 229,603 14,982,467 40.000 587,313 35,239 622,551 2034 0 13,031,697 230,226,639 15,638,036 0 0 0 50,354 889,592 243,379 15,881,415 40.000 622,551 37,353 659,905 2035 0 230,226,639 15,638,036 0 0 0 889,592 243,379 15,881,415 40.000 622,551 37,353 659,905 2036 0 13,813,598 244,040,238 16,576,318 0 0 0 53,376 942,967 257,982 16,834,300 40.000 659,905 39,594 699,499 2037 0 244,040,238 16,576,318 0 0 0 942,967 257,982 16,834,300 40.000 659,905 39,594 699,499 2038 0 14,642,414 258,682,652 17,570,897 0 0 0 56,578 999,545 273,461 17,844,358 40.000 699,499 41,970 741,469 2039 258,682,652 17,570,897 0 0 999,545 273,461 17,844,358 40.000 699,499 41,970 741,469 2040 15,520,959 274,203,611 18,625,151 0 0 59,973 1,059,518 289,868 18,915,019 40.000 741,469 44,488 785,957 2041 274,203,611 18,625,151 0 0 1,059,518 289,868 18,915,019 40.000 741,469 44,488 785,957 2042 16,452,217 290,655,828 19,742,660 0 0 63,571 1,123,089 307,260 20,049,920 40.000 785,957 47,157 833,114 2043 290,655,828 19,742,660 0 0 1,123,089 307,260 20,049,920 40.000 785,957 47,157 833,114 2044 17,439,350 308,095,178 20,927,220 0 0 67,385 1,190,474 325,696 21,252,915 40.000 833,114 49,987 883,101 2045 308,095,178 20,927,220 0 0 1,190,474 325,696 21,252,915 40.000 833,114 49,987 883,101 2046 18,485,711 326,580,888 22,182,853 0 0 71,428 1,261,903 345,238 22,528,090 40.000 883,101 52,986 936,087 2047 326,580,888 22,182,853 0 0 1,261,903 345,238 22,528,090 40.000 883,101 52,986 936,087 2048 19,594,853 346,175,742 23,513,824 0 0 75,714 1,337,617 365,952 23,879,776 40.000 936,087 56,165 992,252 2049 346,175,742 23,513,824 0 0 1,337,617 365,952 23,879,776 40.000 936,087 56,165 992,252 2050 20,770,544 366,946,286 24,924,653 0 0 80,257 1,417,874 387,909 25,312,562 40.000 992,252 59,535 1,051,788 2051 366,946,286 24,924,653 0 0 1,417,874 387,909 25,312,562 40.000 992,252 59,535 1,051,788 2052 22,016,777 388,963,063 26,420,133 0 0 85,072 1,502,947 411,184 26,831,316 40.000 1,051,788 63,107 1,114,895 2053 388,963,063 26,420,133 0 0 1,502,947 411,184 26,831,316 40.000 1,051,788 63,107 1,114,895 2054 23,337,784 412,300,847 28,005,341 0 0 90,177 1,593,123 435,855 28,441,195 40.000 1,114,895 66,894 1,181,789 2055 412,300,847 28,005,341 0 0 1,593,123 435,855 28,441,195 40.000 1,114,895 66,894 1,181,789 2056 24,738,051 437,038,898 29,685,661 0 0 95,587 1,688,711 462,006 30,147,667 40.000 1,181,789 70,907 1,252,696 2057 437,038,898 29,685,661 0 0 1,688,711 462,006 30,147,667 40.000 1,181,789 70,907 1,252,696 2058 26,222,334 463,261,232 31,466,801 0 0 101,323 1,790,033 489,726 31,956,527 40.000 1,252,696 75,162 1,327,858 2059 463,261,232 31,466,801 0 0 1,790,033 489,726 31,956,527 40.000 1,252,696 75,162 1,327,858 2060 27,795,674 491,056,906 33,354,809 0 0 107,402 1,897,435 519,110 33,873,918 40.000 1,327,858 79,671 1,407,529 ______ __________ __________ __________ __________ __________ __________ 442 331,032,966 2,679 1,270,308 30,227,642 1,813,659 32,041,301 4/25/2019 C NMD Fin Plan 19 NR SP Fin Plan+2030 IG Refg Prepared by D.A.Davidson & Co. Draft: For discussion purposes only. 1 2050 2049 0 YEAR 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 NORTHFIELD METROPOLITAN DISTRICT Development Projection at 40.000 (target) Mills for Debt Service -- Service Plan Series 2030, G.O. Bonds, Pay & Cancel Refg of (proposed) Series 2020 + New Money, Assumes Investment Grade, 100x, 30-yr. Maturity Series 2020 Ser. 2030 $10,020,000 Par $14,870,000 Par Surplus Senior Senior Cov. of Net DS: Cov. of Net DS: [Net $7.098 MM] [Net $5.829 MM] Total Annual Release Cumulative Debt/ Debt/ @ 40.000 Target @ 40.000 Cap Net Available Net Debt [Escr $9.790 MM] Net Debt Funds on Hand* Surplus 50% D/A Surplus Assessed Act'l Value & 0.0 U.R.A. Mills & 0.0 U.R.A. Mills for Debt Svc Service Net Debt Service Service Used as Source to $1,487,000 $1,487,000 Target Ratio Ratio & Sales PIF Revs & Sales PIF Revs 0 n/a 0 n/a 0 $0 0 0 0 3227% 16% 0.0% 0.0% 12,900 0 0 12,900 0 12,900 460% 9% 0.0% 0.0% 1 2050 2049 0 YEAR 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 NORTHFIELD METROPOLITAN DISTRICT Operations Revenue and Expense Projection Total Total S.O. Tax Total Assessed Oper'ns Collections Collections Available Total Value Mill Levy @ 98% @ 98% For O&M Mills 0 10.000 0 0 0 50.000 310,460 10.000 3,043 2,982 6,024 50.000 2,179,675 10.000 21,361 20,934 42,294 50.000 5,508,225 10.000 53,981 52,901 106,882 50.000 8,707,220 10.000 85,331 83,624 168,955 50.000 10,830,917 10.000 106,143 104,020 210,163 50.000 12,470,792 10.000 122,214 119,769 241,983 50.000 NORTHFIELD METROPOLITAN DISTRICT Development Summary Development Projection -- Buildout Plan (updated 4/25/19) Residential Development Commercial Development Product Type Stacked Condos Flats Brownstones Value Condo Deed Restricted Condo MU - Studio Apts (For Rent) MU - Retail Base $ ('20) $306,714 $359,040 $388,518 $316,200 $265,200 $200,000 $225/sf Res'l Totals Comm'l Totals 2018 - - - - - - - - - 2019 - - - - - - - - - 2020 12 - 8 4 10 - 34 - - 2021 28 36 42 8 31 - 145 - - 2022 - 45 40 4 24 2 115 2,679 2,679 2023 - 48 40 - - - 88 - - 2024 - 45 9 - - - 54 - - 2025 - 6 - - - - 6 - - 2026 - - - - - - - - - 2027 - - - - - - - - - 2028 - - - - - - - - - 2029 - - - - - - - - - 2030 - - - - - - - - - 40 180 139 16 65 2 442 2,679 2,679 MV @ Full Buildout $12,268,560 $64,627,200 $54,004,002 $5,059,200 $17,238,000 $400,000 $153,596,962 $602,775 $602,775 (base prices;un-infl.) notes: Platted/Dev Lots = 10% MV; one-yr prior Base MV $ inflated 2% per annum 4/25/2019 C NMD Fin Plan 19 Dev Summ Prepared by D.A. Davidson & Co. 4 13.1 Packet Pg. 223 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) NORTHFIELD METROPOLITAN DISTRICT 2050 Development Projection -- Buildout Plan (updated 4/25/19) 100% 0 Ph Residential Development Stacked Condos Flats Brownstones Value Condo Incr/(Decr) in Incr/(Decr) in Incr/(Decr) in Incr/(Decr) in Finished Lot # Units Price Finished Lot # Units Price Finished Lot # Units Price Finished Lot # Units Price # Lots Value @ Completed Inflated @ Market # Lots Value @ Completed Inflated @ Market # Lots Value @ Completed Inflated @ Market # Lots Value @ Completed Inflated @ Market YEAR Devel'd 10% 40 target 2% Value Devel'd 10% 180 target 2% Value Devel'd 10% 139 target 2% Value Devel'd 10% 16 target 2% Value 2018 0 0 $306,714 0 0 0 $359,040 0 0 0 $388,518 0 0 0 $316,200 0 2019 12 368,057 306,714 0 0 0 359,040 0 8 310,814 388,518 0 4 126,480 316,200 0 2020 28 490,742 12 306,714 3,680,568 36 1,292,544 0 359,040 0 42 1,320,961 8 388,518 3,108,144 8 126,480 4 316,200 1,264,800 2021 0 (858,799) 28 312,848 8,759,752 45 323,136 36 366,221 13,183,949 40 (77,704) 42 396,288 16,644,111 4 (126,480) 8 322,524 2,580,192 2022 0 0 0 319,105 0 48 107,712 45 373,545 16,809,535 40 0 40 404,214 16,168,565 0 (126,480) 4 328,974 1,315,898 2023 0 0 0 325,487 0 45 (107,712) 48 381,016 18,288,774 9 (1,204,406) 40 412,298 16,491,936 0 0 0 335,554 0 2024 0 0 0 331,997 0 6 (1,400,256) 45 388,636 17,488,640 0 (349,666) 9 420,544 3,784,899 0 0 0 342,265 0 2025 0 0 0 338,637 0 0 (215,424) 6 396,409 2,378,455 0 0 0 428,955 0 0 0 0 349,110 0 2026 0 0 0 345,410 0 0 0 0 404,337 0 0 0 0 437,534 0 0 0 0 356,093 0 2027 0 0 0 352,318 0 0 0 0 412,424 0 0 0 0 446,285 0 0 0 0 363,214 0 2028 0 0 0 359,364 0 0 0 0 420,673 0 0 0 0 455,211 0 0 0 0 370,479 0 2029 0 0 0 366,552 0 0 0 0 429,086 0 0 0 0 464,315 0 0 0 0 377,888 0 2030 0 0 0 373,883 0 0 0 0 437,668 0 0 0 0 473,601 0 0 0 0 385,446 0 2031 0 0 0 381,360 0 0 0 0 446,421 0 0 0 0 483,073 0 0 0 0 393,155 0 2032 0 0 0 388,988 0 0 0 0 455,350 0 0 0 0 492,735 0 0 0 0 401,018 0 2033 0 0 0 396,767 0 0 0 0 464,457 0 0 0 0 502,589 0 0 0 0 409,038 0 2034 0 0 0 404,703 0 0 0 0 473,746 0 0 0 0 512,641 0 0 0 0 417,219 0 2035 0 0 0 412,797 0 0 0 0 483,221 0 0 0 0 522,894 0 0 0 0 425,564 0 2036 0 0 0 421,053 0 0 0 0 492,885 0 0 0 0 533,352 0 0 0 0 434,075 0 2037 0 0 0 429,474 0 0 0 0 502,743 0 0 0 0 544,019 0 0 0 0 442,756 0 2038 0 0 438,063 0 0 0 512,798 0 0 0 554,899 0 0 0 451,611 0 ______ _________ ______ _________ ______ _________ ______ _________ _____ _________ ______ _________ _____ _________ ______ _________ 40 0 40 12,440,320 180 (0) 180 68,149,352 139 (0) 139 56,197,656 16 0 16 5,160,890 4/25/2019 C NMD Fin Plan 19 Abs Prepared by D.A. Davidson & Co. 5 13.1 Packet Pg. 224 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 2050 100% 0 Ph YEAR 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 NORTHFIELD METROPOLITAN DISTRICT Development Projection -- Buildout Plan (updated 4/25/19) Residential Summary Deed Restricted Condo MU - Studio Apts (For Rent) Incr/(Decr) in Incr/(Decr) in Finished Lot # Units Price Finished Lot # Units Price Total # Lots Value @ Completed Inflated @ Market # Lots Value @ Completed Inflated @ Market Residential Total Total Total Total Devel'd 10% 65 target 2% Value Devel'd 10% 2 target 2% Value Market Value SFD Units SFA Units MFD Units Res'l Units 0 0 $265,200 0 0 0 $200,000 0 $0 0 0 0 0 10 265,200 265,200 0 0 0 200,000 0 0 0 0 0 0 31 556,920 10 265,200 2,652,000 0 0 200,000 0 10,705,512 0 34 0 34 24 (185,640) 31 270,504 8,385,624 2 40,000 204,000 0 49,553,628 0 145 0 145 0 (636,480) 24 275,914 6,621,938 0 (40,000) 2 208,080 416,160 41,332,096 0 113 2 115 0 0 0 281,432 0 0 0 0 212,242 0 34,780,710 0 88 0 88 0 0 0 287,061 0 0 0 0 216,486 0 21,273,539 0 54 0 54 0 0 0 292,802 0 0 0 0 220,816 0 2,378,455 0 6 0 6 0 0 0 298,658 0 0 0 0 225,232 0 0 0 0 0 0 0 0 0 304,631 0 0 0 0 229,737 0 0 0 0 0 0 0 0 0 310,724 0 0 0 0 234,332 0 0 0 0 0 0 0 0 0 316,939 0 0 0 0 239,019 0 0 0 0 0 0 0 0 0 323,277 0 0 0 0 243,799 0 0 0 0 0 0 0 0 0 329,743 0 0 0 0 248,675 0 0 0 0 0 0 0 0 0 336,338 0 0 0 0 253,648 0 0 0 0 0 0 0 0 0 343,064 0 0 0 0 258,721 0 0 0 0 0 0 0 0 0 349,926 0 0 0 0 263,896 0 0 0 0 0 0 0 0 0 356,924 0 0 0 0 269,174 0 0 0 0 0 0 0 0 0 364,063 0 0 0 0 274,557 0 0 0 0 0 0 0 0 0 371,344 0 0 0 0 280,048 0 0 0 0 0 0 0 0 378,771 0 0 0 285,649 0 0 0 0 0 0 ____ _________ ______ _________ _____ ________ ______ _________ ___________ ______ ______ ______ ______ 65 (0) 65 17,659,562 2 0 2 416,160 160,023,940 0 440 2 442 4/25/2019 C NMD Fin Plan 19 Abs Prepared by D.A. Davidson & Co. 6 13.1 2050 100% 0 Ph YEAR 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 NORTHFIELD METROPOLITAN DISTRICT Development Projection -- Buildout Plan (updated 4/25/19) Commercial Development MU - Retail Incr/(Decr) in Finished Lot Square Ft per Sq Ft, Total Total Value of Platted & SF Value @ Completed Inflated @ Market Commercial Commercial Developed Lots Devel'd 10% 2,679 2% Value Market Value Sq Ft Adjustment 1 Adjusted Value 0 0 $225.00 $0 0 0 0 0 0 0 225.00 0 0 0 0 1,070,551 0 0 225.00 0 0 0 0 3,787,648 2,679 60,278 229.50 0 0 0 0 (825,209) 0 (60,278) 2,679 234.09 627,127 627,127 2,679 0 (755,526) 0 0 0 238.77 0 0 0 0 (1,312,118) 0 0 0 243.55 0 0 0 0 (1,749,922) 0 0 0 248.42 0 0 0 0 (215,424) 0 0 0 253.39 0 0 0 0 0 0 0 0 258.45 0 0 0 0 0 0 0 0 263.62 0 0 0 0 0 0 0 0 268.90 0 0 0 0 0 0 0 0 274.27 0 0 0 0 0 0 0 0 279.76 0 0 0 0 0 0 0 0 285.35 0 0 0 0 0 0 0 0 291.06 0 0 0 0 0 0 0 0 296.88 0 0 0 0 0 0 0 0 302.82 0 0 0 0 0 0 0 0 308.88 0 0 0 0 0 0 0 0 315.05 0 0 0 0 0 0 0 321.36 0 0 0 0 0 ______ _________ ________ _________ _________ _________ _________ _________ 2,679 0 2,679 627,127 627,127 2,679 0 0 [1] Adj. to actual/prelim. AV Commercial Summary Apr 25, 2019 11:06 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Northfield MD 18:CAPR2519-20NRSPC) SOURCES AND USES OF FUNDS NORTHFIELD METROPOLITAN DISTRICT GENERAL OBLIGATION BONDS, SERIES 2020 40.000 (target) Mills Non-Rated, 100x, 30-yr. Maturity (SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections) [ Preliminary -- for discussion only ] Dated Date 12/01/2020 Delivery Date 12/01/2020 Sources: Bond Proceeds: Par Amount 10,020,000.00 10,020,000.00 Uses: Project Fund Deposits: Project Fund 7,098,193.75 Other Fund Deposits: Capitalized Interest Fund 1,503,000.00 Debt Service Reserve Fund 918,406.25 2,421,406.25 Cost of Issuance: Other Cost of Issuance 300,000.00 Delivery Date Expenses: Underwriter's Discount 200,400.00 10,020,000.00 8 13.1 Packet Pg. 227 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) Apr 25, 2019 11:06 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Northfield MD 18:CAPR2519-20NRSPC) BOND SUMMARY STATISTICS NORTHFIELD METROPOLITAN DISTRICT GENERAL OBLIGATION BONDS, SERIES 2020 40.000 (target) Mills Non-Rated, 100x, 30-yr. Maturity (SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections) [ Preliminary -- for discussion only ] Dated Date 12/01/2020 Delivery Date 12/01/2020 First Coupon 06/01/2021 Last Maturity 12/01/2050 Arbitrage Yield 5.000000% True Interest Cost (TIC) 5.148899% Net Interest Cost (NIC) 5.000000% All-In TIC 5.380240% Average Coupon 5.000000% Average Life (years) 23.996 Weighted Average Maturity (years) 23.996 Duration of Issue (years) 13.855 Par Amount 10,020,000.00 Bond Proceeds 10,020,000.00 Total Interest 12,021,750.00 Net Interest 12,222,150.00 Bond Years from Dated Date 240,435,000.00 Bond Years from Delivery Date 240,435,000.00 Total Debt Service 22,041,750.00 Maximum Annual Debt Service 1,968,750.00 Average Annual Debt Service 734,725.00 Underwriter's Fees (per $1000) Average Takedown Other Fee 20.000000 Total Underwriter's Discount 20.000000 Bid Price 98.000000 Average Par Average Average Maturity PV of 1 bp Bond Component Value Price Coupon Life Date change Term Bond due 2050 10,020,000.00 100.000 5.000% 23.996 11/29/2044 15,531.00 10,020,000.00 23.996 15,531.00 All-In Arbitrage TIC TIC Yield Par Value 10,020,000.00 10,020,000.00 10,020,000.00 + Accrued Interest + Premium (Discount) - Underwriter's Discount -200,400.00 -200,400.00 - Cost of Issuance Expense -300,000.00 - Other Amounts Target Value 9,819,600.00 9,519,600.00 10,020,000.00 Target Date 12/01/2020 12/01/2020 12/01/2020 Yield 5.148899% 5.380240% 5.000000% 9 13.1 Packet Pg. 228 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) Apr 25, 2019 11:06 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Northfield MD 18:CAPR2519-20NRSPC) BOND DEBT SERVICE NORTHFIELD METROPOLITAN DISTRICT GENERAL OBLIGATION BONDS, SERIES 2020 40.000 (target) Mills Non-Rated, 100x, 30-yr. Maturity (SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections) [ Preliminary -- for discussion only ] Annual Period Debt Debt Ending Principal Coupon Interest Service Service 06/01/2021 250,500 250,500 12/01/2021 250,500 250,500 501,000 06/01/2022 250,500 250,500 12/01/2022 250,500 250,500 501,000 06/01/2023 250,500 250,500 12/01/2023 250,500 250,500 501,000 06/01/2024 250,500 250,500 12/01/2024 250,500 250,500 501,000 06/01/2025 250,500 250,500 12/01/2025 250,500 250,500 501,000 06/01/2026 250,500 250,500 12/01/2026 15,000 5.000% 250,500 265,500 516,000 06/01/2027 250,125 250,125 12/01/2027 20,000 5.000% 250,125 270,125 520,250 06/01/2028 249,625 249,625 12/01/2028 50,000 5.000% 249,625 299,625 549,250 06/01/2029 248,375 248,375 12/01/2029 55,000 5.000% 248,375 303,375 551,750 06/01/2030 247,000 247,000 12/01/2030 90,000 5.000% 247,000 337,000 584,000 06/01/2031 244,750 244,750 12/01/2031 95,000 5.000% 244,750 339,750 584,500 06/01/2032 242,375 242,375 12/01/2032 135,000 5.000% 242,375 377,375 619,750 06/01/2033 239,000 239,000 12/01/2033 140,000 5.000% 239,000 379,000 618,000 06/01/2034 235,500 235,500 12/01/2034 185,000 5.000% 235,500 420,500 656,000 06/01/2035 230,875 230,875 12/01/2035 195,000 5.000% 230,875 425,875 656,750 06/01/2036 226,000 226,000 12/01/2036 245,000 5.000% 226,000 471,000 697,000 06/01/2037 219,875 219,875 12/01/2037 255,000 5.000% 219,875 474,875 694,750 06/01/2038 213,500 213,500 12/01/2038 310,000 5.000% 213,500 523,500 737,000 06/01/2039 205,750 205,750 12/01/2039 325,000 5.000% 205,750 530,750 736,500 06/01/2040 197,625 197,625 12/01/2040 390,000 5.000% 197,625 587,625 785,250 06/01/2041 187,875 187,875 12/01/2041 410,000 5.000% 187,875 597,875 785,750 06/01/2042 177,625 177,625 12/01/2042 475,000 5.000% 177,625 652,625 830,250 06/01/2043 165,750 165,750 12/01/2043 500,000 5.000% 165,750 665,750 831,500 06/01/2044 153,250 153,250 12/01/2044 575,000 5.000% 153,250 728,250 881,500 06/01/2045 138,875 138,875 Apr 25, 2019 11:06 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Northfield MD 18:CAPR2519-20NRSPC) NET DEBT SERVICE NORTHFIELD METROPOLITAN DISTRICT GENERAL OBLIGATION BONDS, SERIES 2020 40.000 (target) Mills Non-Rated, 100x, 30-yr. Maturity (SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections) [ Preliminary -- for discussion only ] Capitalized Period Total Debt Service Interest Net Ending Principal Interest Debt Service Reserve Fund Fund Debt Service 12/01/2021 501,000 501,000 501,000 12/01/2022 501,000 501,000 501,000 12/01/2023 501,000 501,000 501,000 12/01/2024 501,000 501,000 501,000.00 12/01/2025 501,000 501,000 501,000.00 12/01/2026 15,000 501,000 516,000 516,000.00 12/01/2027 20,000 500,250 520,250 520,250.00 12/01/2028 50,000 499,250 549,250 549,250.00 12/01/2029 55,000 496,750 551,750 551,750.00 12/01/2030 90,000 494,000 584,000 584,000.00 12/01/2031 95,000 489,500 584,500 584,500.00 12/01/2032 135,000 484,750 619,750 619,750.00 12/01/2033 140,000 478,000 618,000 618,000.00 12/01/2034 185,000 471,000 656,000 656,000.00 12/01/2035 195,000 461,750 656,750 656,750.00 12/01/2036 245,000 452,000 697,000 697,000.00 12/01/2037 255,000 439,750 694,750 694,750.00 12/01/2038 310,000 427,000 737,000 737,000.00 12/01/2039 325,000 411,500 736,500 736,500.00 12/01/2040 390,000 395,250 785,250 785,250.00 12/01/2041 410,000 375,750 785,750 785,750.00 12/01/2042 475,000 355,250 830,250 830,250.00 12/01/2043 500,000 331,500 831,500 831,500.00 12/01/2044 575,000 306,500 881,500 881,500.00 12/01/2045 605,000 277,750 882,750 882,750.00 12/01/2046 685,000 247,500 932,500 932,500.00 12/01/2047 720,000 213,250 933,250 933,250.00 12/01/2048 815,000 177,250 992,250 992,250.00 12/01/2049 855,000 136,500 991,500 991,500.00 12/01/2050 1,875,000 93,750 1,968,750 918,406.25 1,050,343.75 10,020,000 12,021,750 22,041,750 918,406.25 1,503,000 19,620,343.75 11 13.1 Packet Pg. 230 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) Apr 25, 2019 11:06 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Northfield MD 18:CAPR2519-20NRSPC) BOND SOLUTION NORTHFIELD METROPOLITAN DISTRICT GENERAL OBLIGATION BONDS, SERIES 2020 40.000 (target) Mills Non-Rated, 100x, 30-yr. Maturity (SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections) [ Preliminary -- for discussion only ] Period Proposed Proposed Debt Service Total Adj Revenue Unused Debt Serv Ending Principal Debt Service Adjustments Debt Service Constraints Revenues Coverage 12/01/2021 501,000 -501,000 12,900 12,900 12/01/2022 501,000 -501,000 90,570 90,570 12/01/2023 501,000 -501,000 228,878 228,878 12/01/2024 501,000 501,000 361,802 -139,198 72.21605% 12/01/2025 501,000 501,000 450,046 -50,954 89.82959% 12/01/2026 15,000 516,000 516,000 518,186 2,186 100.42371% 12/01/2027 20,000 520,250 520,250 522,706 2,456 100.47212% 12/01/2028 50,000 549,250 549,250 554,069 4,819 100.87730% 12/01/2029 55,000 551,750 551,750 554,069 2,319 100.42022% 12/01/2030 90,000 584,000 584,000 587,313 3,313 100.56724% 12/01/2031 95,000 584,500 584,500 587,313 2,813 100.48121% 12/01/2032 135,000 619,750 619,750 622,551 2,801 100.45203% 12/01/2033 140,000 618,000 618,000 622,551 4,551 100.73648% 12/01/2034 185,000 656,000 656,000 659,905 3,905 100.59521% 12/01/2035 195,000 656,750 656,750 659,905 3,155 100.48033% 12/01/2036 245,000 697,000 697,000 699,499 2,499 100.35851% 12/01/2037 255,000 694,750 694,750 699,499 4,749 100.68353% 12/01/2038 310,000 737,000 737,000 741,469 4,469 100.60634% 12/01/2039 325,000 736,500 736,500 741,469 4,969 100.67464% 12/01/2040 390,000 785,250 785,250 785,957 707 100.09002% 12/01/2041 410,000 785,750 785,750 785,957 207 100.02633% 12/01/2042 475,000 830,250 830,250 833,114 2,864 100.34499% 12/01/2043 500,000 831,500 831,500 833,114 1,614 100.19414% 12/01/2044 575,000 881,500 881,500 883,101 1,601 100.18164% 12/01/2045 605,000 882,750 882,750 883,101 351 100.03978% 12/01/2046 685,000 932,500 932,500 936,087 3,587 100.38469% 12/01/2047 720,000 933,250 933,250 936,087 2,837 100.30401% 12/01/2048 815,000 992,250 992,250 992,252 2 100.00025% 12/01/2049 855,000 991,500 991,500 992,252 752 100.07589% 12/01/2050 1,875,000 1,968,750 -918,406 1,050,344 1,051,788 1,444 100.13746% 10,020,000 22,041,750 -2,421,406 19,620,344 19,827,510 207,167 12 13.1 Packet Pg. 231 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) Apr 25, 2019 11:11 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Northfield MD 18:CAPR2519-30IGSPC,30IGSPC) SOURCES AND USES OF FUNDS NORTHFIELD METROPOLITAN DISTRICT GENERAL OBLIGATION REFUNDING BONDS, SERIES 2030 Pay & Cancel Refunding of (proposed) Series 2020 + New Money 40.000 (target) Mills Assumes Investment Grade, 100x, 30-yr. Maturity (SERVICE PLAN: Full Growth + 6% Bi-Reassessment Projections) [ Preliminary -- for discussion only ] Dated Date 12/01/2030 Delivery Date 12/01/2030 Sources: Bond Proceeds: Par Amount 14,870,000.00 Other Sources of Funds: Funds on Hand* 155,000.00 Series 2020 - DSRF 918,406.00 1,073,406.00 15,943,406.00 Uses: Project Fund Deposits: Project Fund 5,829,489.33 Refunding Escrow Deposits: Cash Deposit* 9,790,000.00 Other Fund Deposits: Capitalized Interest Fund 49,566.67 Cost of Issuance: Other Cost of Issuance 200,000.00 Delivery Date Expenses: Underwriter's Discount 74,350.00 15,943,406.00 [*] Estimated balances, (tbd). 13 13.1 Packet Pg. 232 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) Apr 25, 2019 11:11 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Northfield MD 18:CAPR2519-30IGSPC,30IGSPC) BOND SUMMARY STATISTICS NORTHFIELD METROPOLITAN DISTRICT GENERAL OBLIGATION REFUNDING BONDS, SERIES 2030 Pay & Cancel Refunding of (proposed) Series 2020 + New Money 40.000 (target) Mills Assumes Investment Grade, 100x, 30-yr. Maturity (SERVICE PLAN: Full Growth + 6% Bi-Reassessment Projections) [ Preliminary -- for discussion only ] Dated Date 12/01/2030 Delivery Date 12/01/2030 First Coupon 06/01/2031 Last Maturity 12/01/2060 Arbitrage Yield 4.000000% True Interest Cost (TIC) 4.035170% Net Interest Cost (NIC) 4.000000% All-In TIC 4.131013% Average Coupon 4.000000% Average Life (years) 22.217 Weighted Average Maturity (years) 22.217 Duration of Issue (years) 14.526 Par Amount 14,870,000.00 Bond Proceeds 14,870,000.00 Total Interest 13,214,800.00 Net Interest 13,289,150.00 Bond Years from Dated Date 330,370,000.00 Bond Years from Delivery Date 330,370,000.00 Total Debt Service 28,084,800.00 Maximum Annual Debt Service 1,404,000.00 Average Annual Debt Service 936,160.00 Underwriter's Fees (per $1000) Average Takedown Other Fee 5.000000 Total Underwriter's Discount 5.000000 Bid Price 99.500000 Average Par Average Average Maturity PV of 1 bp Bond Component Value Price Coupon Life Date change Term Bond due 2060 14,870,000.00 100.000 4.000% 22.217 02/17/2053 25,873.80 14,870,000.00 22.217 25,873.80 All-In Arbitrage TIC TIC Yield Par Value 14,870,000.00 14,870,000.00 14,870,000.00 + Accrued Interest + Premium (Discount) - Underwriter's Discount -74,350.00 -74,350.00 - Cost of Issuance Expense -200,000.00 - Other Amounts Target Value 14,795,650.00 14,595,650.00 14,870,000.00 Target Date 12/01/2030 12/01/2030 12/01/2030 Yield 4.035170% 4.131013% 4.000000% 14 13.1 Packet Pg. 233 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) Apr 25, 2019 11:11 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Northfield MD 18:CAPR2519-30IGSPC,30IGSPC) BOND DEBT SERVICE NORTHFIELD METROPOLITAN DISTRICT GENERAL OBLIGATION REFUNDING BONDS, SERIES 2030 Pay & Cancel Refunding of (proposed) Series 2020 + New Money 40.000 (target) Mills Assumes Investment Grade, 100x, 30-yr. Maturity (SERVICE PLAN: Full Growth + 6% Bi-Reassessment Projections) [ Preliminary -- for discussion only ] Annual Period Debt Debt Ending Principal Coupon Interest Service Service 06/01/2031 297,400 297,400 12/01/2031 297,400 297,400 594,800 06/01/2032 297,400 297,400 12/01/2032 25,000 4.000% 297,400 322,400 619,800 06/01/2033 296,900 296,900 12/01/2033 25,000 4.000% 296,900 321,900 618,800 06/01/2034 296,400 296,400 12/01/2034 65,000 4.000% 296,400 361,400 657,800 06/01/2035 295,100 295,100 12/01/2035 65,000 4.000% 295,100 360,100 655,200 06/01/2036 293,800 293,800 12/01/2036 110,000 4.000% 293,800 403,800 697,600 06/01/2037 291,600 291,600 12/01/2037 115,000 4.000% 291,600 406,600 698,200 06/01/2038 289,300 289,300 12/01/2038 160,000 4.000% 289,300 449,300 738,600 06/01/2039 286,100 286,100 12/01/2039 165,000 4.000% 286,100 451,100 737,200 06/01/2040 282,800 282,800 12/01/2040 220,000 4.000% 282,800 502,800 785,600 06/01/2041 278,400 278,400 12/01/2041 225,000 4.000% 278,400 503,400 781,800 06/01/2042 273,900 273,900 12/01/2042 285,000 4.000% 273,900 558,900 832,800 06/01/2043 268,200 268,200 12/01/2043 295,000 4.000% 268,200 563,200 831,400 06/01/2044 262,300 262,300 12/01/2044 355,000 4.000% 262,300 617,300 879,600 06/01/2045 255,200 255,200 12/01/2045 370,000 4.000% 255,200 625,200 880,400 06/01/2046 247,800 247,800 12/01/2046 440,000 4.000% 247,800 687,800 935,600 06/01/2047 239,000 239,000 12/01/2047 455,000 4.000% 239,000 694,000 933,000 06/01/2048 229,900 229,900 12/01/2048 530,000 4.000% 229,900 759,900 989,800 06/01/2049 219,300 219,300 12/01/2049 550,000 4.000% 219,300 769,300 988,600 06/01/2050 208,300 208,300 12/01/2050 630,000 4.000% 208,300 838,300 1,046,600 06/01/2051 195,700 195,700 12/01/2051 660,000 4.000% 195,700 855,700 1,051,400 06/01/2052 182,500 182,500 12/01/2052 745,000 4.000% 182,500 927,500 1,110,000 06/01/2053 167,600 167,600 12/01/2053 775,000 4.000% 167,600 942,600 1,110,200 06/01/2054 152,100 152,100 12/01/2054 875,000 4.000% 152,100 1,027,100 1,179,200 Apr 25, 2019 11:11 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Northfield MD 18:CAPR2519-30IGSPC,30IGSPC) NET DEBT SERVICE NORTHFIELD METROPOLITAN DISTRICT GENERAL OBLIGATION REFUNDING BONDS, SERIES 2030 Pay & Cancel Refunding of (proposed) Series 2020 + New Money 40.000 (target) Mills Assumes Investment Grade, 100x, 30-yr. Maturity (SERVICE PLAN: Full Growth + 6% Bi-Reassessment Projections) [ Preliminary -- for discussion only ] Period Total Capitalized Net Ending Principal Interest Debt Service Interest Fund Debt Service 12/01/2031 594,800 594,800 49,566.67 545,233.33 12/01/2032 25,000 594,800 619,800 619,800.00 12/01/2033 25,000 593,800 618,800 618,800.00 12/01/2034 65,000 592,800 657,800 657,800.00 12/01/2035 65,000 590,200 655,200 655,200.00 12/01/2036 110,000 587,600 697,600 697,600.00 12/01/2037 115,000 583,200 698,200 698,200.00 12/01/2038 160,000 578,600 738,600 738,600.00 12/01/2039 165,000 572,200 737,200 737,200.00 12/01/2040 220,000 565,600 785,600 785,600.00 12/01/2041 225,000 556,800 781,800 781,800.00 12/01/2042 285,000 547,800 832,800 832,800.00 12/01/2043 295,000 536,400 831,400 831,400.00 12/01/2044 355,000 524,600 879,600 879,600.00 12/01/2045 370,000 510,400 880,400 880,400.00 12/01/2046 440,000 495,600 935,600 935,600.00 12/01/2047 455,000 478,000 933,000 933,000.00 12/01/2048 530,000 459,800 989,800 989,800.00 12/01/2049 550,000 438,600 988,600 988,600.00 12/01/2050 630,000 416,600 1,046,600 1,046,600.00 12/01/2051 660,000 391,400 1,051,400 1,051,400.00 12/01/2052 745,000 365,000 1,110,000 1,110,000.00 12/01/2053 775,000 335,200 1,110,200 1,110,200.00 12/01/2054 875,000 304,200 1,179,200 1,179,200.00 12/01/2055 910,000 269,200 1,179,200 1,179,200.00 12/01/2056 1,015,000 232,800 1,247,800 1,247,800.00 12/01/2057 1,060,000 192,200 1,252,200 1,252,200.00 12/01/2058 1,175,000 149,800 1,324,800 1,324,800.00 12/01/2059 1,220,000 102,800 1,322,800 1,322,800.00 12/01/2060 1,350,000 54,000 1,404,000 1,404,000.00 14,870,000 13,214,800 28,084,800 49,566.67 28,035,233.33 16 13.1 Packet Pg. 235 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) Apr 25, 2019 11:11 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Northfield MD 18:CAPR2519-30IGSPC,30IGSPC) SUMMARY OF BONDS REFUNDED NORTHFIELD METROPOLITAN DISTRICT GENERAL OBLIGATION REFUNDING BONDS, SERIES 2030 Pay & Cancel Refunding of (proposed) Series 2020 + New Money 40.000 (target) Mills Assumes Investment Grade, 100x, 30-yr. Maturity (SERVICE PLAN: Full Growth + 6% Bi-Reassessment Projections) [ Preliminary -- for discussion only ] Maturity Interest Par Call Call Bond Date Rate Amount Date Price 4/25/19: Ser 20 NR SP, 5.00%, 100x, 40mls, FG+6% BiRe: TERM50 12/01/2031 5.000% 95,000.00 12/01/2030 100.000 12/01/2032 5.000% 135,000.00 12/01/2030 100.000 12/01/2033 5.000% 140,000.00 12/01/2030 100.000 12/01/2034 5.000% 185,000.00 12/01/2030 100.000 12/01/2035 5.000% 195,000.00 12/01/2030 100.000 12/01/2036 5.000% 245,000.00 12/01/2030 100.000 12/01/2037 5.000% 255,000.00 12/01/2030 100.000 12/01/2038 5.000% 310,000.00 12/01/2030 100.000 12/01/2039 5.000% 325,000.00 12/01/2030 100.000 12/01/2040 5.000% 390,000.00 12/01/2030 100.000 12/01/2041 5.000% 410,000.00 12/01/2030 100.000 12/01/2042 5.000% 475,000.00 12/01/2030 100.000 12/01/2043 5.000% 500,000.00 12/01/2030 100.000 12/01/2044 5.000% 575,000.00 12/01/2030 100.000 12/01/2045 5.000% 605,000.00 12/01/2030 100.000 12/01/2046 5.000% 685,000.00 12/01/2030 100.000 12/01/2047 5.000% 720,000.00 12/01/2030 100.000 12/01/2048 5.000% 815,000.00 12/01/2030 100.000 12/01/2049 5.000% 855,000.00 12/01/2030 100.000 12/01/2050 5.000% 1,875,000.00 12/01/2030 100.000 9,790,000.00 17 13.1 Packet Pg. 236 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) Apr 25, 2019 11:11 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Northfield MD 18:CAPR2519-30IGSPC,30IGSPC) ESCROW REQUIREMENTS NORTHFIELD METROPOLITAN DISTRICT GENERAL OBLIGATION REFUNDING BONDS, SERIES 2030 Pay & Cancel Refunding of (proposed) Series 2020 + New Money 40.000 (target) Mills Assumes Investment Grade, 100x, 30-yr. Maturity (SERVICE PLAN: Full Growth + 6% Bi-Reassessment Projections) [ Preliminary -- for discussion only ] Dated Date 12/01/2030 Delivery Date 12/01/2030 4/25/19: Ser 20 NR SP, 5.00%, 100x, 40mls, FG+6% BiRe Period Principal Ending Redeemed Total 12/01/2030 9,790,000.00 9,790,000.00 9,790,000.00 9,790,000.00 18 13.1 Packet Pg. 237 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) Apr 25, 2019 11:11 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Northfield MD 18:CAPR2519-30IGSPC,30IGSPC) PRIOR BOND DEBT SERVICE NORTHFIELD METROPOLITAN DISTRICT GENERAL OBLIGATION REFUNDING BONDS, SERIES 2030 Pay & Cancel Refunding of (proposed) Series 2020 + New Money 40.000 (target) Mills Assumes Investment Grade, 100x, 30-yr. Maturity (SERVICE PLAN: Full Growth + 6% Bi-Reassessment Projections) [ Preliminary -- for discussion only ] Annual Period Debt Debt Ending Principal Coupon Interest Service Service 06/01/2031 244,750 244,750 12/01/2031 95,000 5.000% 244,750 339,750 584,500 06/01/2032 242,375 242,375 12/01/2032 135,000 5.000% 242,375 377,375 619,750 06/01/2033 239,000 239,000 12/01/2033 140,000 5.000% 239,000 379,000 618,000 06/01/2034 235,500 235,500 12/01/2034 185,000 5.000% 235,500 420,500 656,000 06/01/2035 230,875 230,875 12/01/2035 195,000 5.000% 230,875 425,875 656,750 06/01/2036 226,000 226,000 12/01/2036 245,000 5.000% 226,000 471,000 697,000 06/01/2037 219,875 219,875 12/01/2037 255,000 5.000% 219,875 474,875 694,750 06/01/2038 213,500 213,500 12/01/2038 310,000 5.000% 213,500 523,500 737,000 06/01/2039 205,750 205,750 12/01/2039 325,000 5.000% 205,750 530,750 736,500 06/01/2040 197,625 197,625 12/01/2040 390,000 5.000% 197,625 587,625 785,250 06/01/2041 187,875 187,875 12/01/2041 410,000 5.000% 187,875 597,875 785,750 06/01/2042 177,625 177,625 12/01/2042 475,000 5.000% 177,625 652,625 830,250 06/01/2043 165,750 165,750 12/01/2043 500,000 5.000% 165,750 665,750 831,500 06/01/2044 153,250 153,250 12/01/2044 575,000 5.000% 153,250 728,250 881,500 06/01/2045 138,875 138,875 12/01/2045 605,000 5.000% 138,875 743,875 882,750 06/01/2046 123,750 123,750 12/01/2046 685,000 5.000% 123,750 808,750 932,500 06/01/2047 106,625 106,625 12/01/2047 720,000 5.000% 106,625 826,625 933,250 06/01/2048 88,625 88,625 12/01/2048 815,000 5.000% 88,625 903,625 992,250 06/01/2049 68,250 68,250 12/01/2049 855,000 5.000% 68,250 923,250 991,500 06/01/2050 46,875 46,875 12/01/2050 1,875,000 5.000% 46,875 1,921,875 1,968,750 9,790,000 7,025,500 16,815,500 16,815,500 19 13.1 Packet Pg. 238 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) Apr 25, 2019 11:11 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Northfield MD 18:CAPR2519-30IGSPC,30IGSPC) BOND SOLUTION NORTHFIELD METROPOLITAN DISTRICT GENERAL OBLIGATION REFUNDING BONDS, SERIES 2030 Pay & Cancel Refunding of (proposed) Series 2020 + New Money 40.000 (target) Mills Assumes Investment Grade, 100x, 30-yr. Maturity (SERVICE PLAN: Full Growth + 6% Bi-Reassessment Projections) [ Preliminary -- for discussion only ] Period Proposed Proposed Debt Service Total Adj Revenue Unused Debt Serv Ending Principal Debt Service Adjustments Debt Service Constraints Revenues Coverage 12/01/2031 594,800 -49,567 545,233 587,313 42,079 107.71768% 12/01/2032 25,000 619,800 619,800 622,551 2,751 100.44393% 12/01/2033 25,000 618,800 618,800 622,551 3,751 100.60625% 12/01/2034 65,000 657,800 657,800 659,905 2,105 100.31994% 12/01/2035 65,000 655,200 655,200 659,905 4,705 100.71803% 12/01/2036 110,000 697,600 697,600 699,499 1,899 100.27219% 12/01/2037 115,000 698,200 698,200 699,499 1,299 100.18602% 12/01/2038 160,000 738,600 738,600 741,469 2,869 100.38840% 12/01/2039 165,000 737,200 737,200 741,469 4,269 100.57905% 12/01/2040 220,000 785,600 785,600 785,957 357 100.04543% 12/01/2041 225,000 781,800 781,800 785,957 4,157 100.53171% 12/01/2042 285,000 832,800 832,800 833,114 314 100.03774% 12/01/2043 295,000 831,400 831,400 833,114 1,714 100.20619% 12/01/2044 355,000 879,600 879,600 883,101 3,501 100.39804% 12/01/2045 370,000 880,400 880,400 883,101 2,701 100.30681% 12/01/2046 440,000 935,600 935,600 936,087 487 100.05207% 12/01/2047 455,000 933,000 933,000 936,087 3,087 100.33089% 12/01/2048 530,000 989,800 989,800 992,252 2,452 100.24777% 12/01/2049 550,000 988,600 988,600 992,252 3,652 100.36946% 12/01/2050 630,000 1,046,600 1,046,600 1,051,788 5,188 100.49566% 12/01/2051 660,000 1,051,400 1,051,400 1,051,788 388 100.03686% 12/01/2052 745,000 1,110,000 1,110,000 1,114,895 4,895 100.44098% 12/01/2053 775,000 1,110,200 1,110,200 1,114,895 4,695 100.42288% 12/01/2054 875,000 1,179,200 1,179,200 1,181,789 2,589 100.21952% 12/01/2055 910,000 1,179,200 1,179,200 1,181,789 2,589 100.21952% 12/01/2056 1,015,000 1,247,800 1,247,800 1,252,696 4,896 100.39236% 12/01/2057 1,060,000 1,252,200 1,252,200 1,252,696 496 100.03960% 12/01/2058 1,175,000 1,324,800 1,324,800 1,327,858 3,058 100.23080% 12/01/2059 1,220,000 1,322,800 1,322,800 1,327,858 5,058 100.38234% 12/01/2060 1,350,000 1,404,000 1,404,000 1,407,529 3,529 100.25136% 14,870,000 28,084,800 -49,567 28,035,233 28,160,762 125,528 20 13.1 Packet Pg. 239 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) G-1 EXHIBIT G PUBLIC BENEFITS 13.1 Packet Pg. 240 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) NORTHFIELD METROPOLITAN DISTRICT NOS. 1-3 PUBLIC BENEFITS NARRATIVE The City of Fort Collins (the “City”) and surrounding Larimer County face a significant affordable and attainable housing shortage. Situated on one of the last undeveloped parcels of land within walking distance of Old Town Fort Collins, Northfield Metropolitan District Nos. 1-3 (“Northfield”) will create an affordable and attainable neighborhood woven into the fabric of central Fort Collins and advancing the City’s vision for the future. The Metropolitan District structure will provide the financing mechanisms that make attaining the City’s stretch outcomes and development objectives possible. Metropolitan District financing would mitigate increased front-end costs of modern development, meaning increased costs are not passed directly to residents at the point of sale, and thus keeping housing unit prices in the affordable and attainable range. Northfield will deliver on these City objectives: Affordable and Attainable Housing; Environmental Sustainability; Critical Public Infrastructure; and Smart Growth Management. 1. Affordable and Attainable Housing The shortage of affordable and attainable housing in Fort Collins is one of the City’s most pressing concerns. Annual housing starts in Fort Collins priced under $400,000 have dropped 45% in the past year. Northfield plans to create housing for the community at prices that are well below average for the area. The Metropolitan District structure is a critical tool for facilitating the 13.1 Packet Pg. 241 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 2 delivery of attainable and affordable housing considering Northfield’s proximity to downtown Fort Collins and higher-than-average land and development costs in this area. Northfield plans to offer 65 units or approximately 15% of the total project as affordable housing units at 80% AMI or lower. These units would be delivered with legally enforceable guarantees for affordable housing commitments, such as deed restrictions for a minimum of 20 years. As of the submittal of this service plan, Landmark has a signed LOI with Mercy Housing, a very well established affordable, for-rent multifamily builder that has projects around the nation. Although non-binding, this LOI poses a great way that Landmark can deliver on its promise of affordable homes with the approval of a Metro District. A copy of the LOI has been included as an exhibit below. If the affordable housing units are offered as for-rent units, such units will be rented at a price affordable in Larimer County, Colorado, for an AMI of 80% or lower and the average of all rents for those units will at all times reasonably approximate to a Larimer County AMI of 60% or lower. Additionally, the remaining housing units in the project are expected to be priced in an attainable range, considered by other cities to be between 80% and 120% of AMI. Proximity to Employment Centers (Employee Counts Shown on Map) Affordable and attainable housing in Northfield’s central location would provide an extraordinary benefit to the City and its residents. Northfield is located within walking and/or biking distance to some of the largest employment hubs in the City, including City of Fort Collins Municipal Offices, Colorado State University, Woodward, and New Belgium Brewing. 13.1 Packet Pg. 242 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 3 Northfield's proximity to these hubs and its affordable and attainable price points set the project apart from other recent residential developments in Fort Collins. Through Northfield, the City will gain high-quality, attainable housing near the City’s economic and cultural core, helping reduce congestion in the City and provide workforce housing. 2. Environmental Sustainability (a) Energy Conservation The Metro District structure will enable the construction of more energy efficient homes. Northfield will commit every home to meeting LEED Gold certification, including the affordable units. LEED measures nine key areas that ensure the entire community, beyond just the individual homes, are meeting and exceeding green materials and practices. These nines areas are sustainable sites, water efficiency, energy and atmosphere, materials and resources, indoor environmental quality, location and linkages, awareness and education, innovation in design, and regional priority. Northfield has engaged the environmental group The Green Insight to help achieve this certification and will be responsible for the inspections throughout the building process to ensure Northfield receives the LEED Gold certifications. 13.1 Packet Pg. 243 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 4 All floorplans for the market rate home have gone through HERS analysis to determine their energy efficiency. The results are very efficient ratings ranging from 35 to 49. Increased energy efficient building materials and methods were considered to increase the energy efficiency of the homes as well as the use of approximately 1kW of solar power for every unit. According to the HERS index, these homes in Northfield will be 51-65% more energy efficient than a standard new home and 81-95% more efficient than the average resale home. The HERS ratings are incorporated into the LEED scores and are part of the entire LEED Gold certification and standard. The HERS ratings for each product type are as follows: The City does not currently require the project to include solar power capability or charging stations for electric vehicles. Northfield plans to include solar panels on every unit. These buildings will feature a photovoltaic system that will produce approximately 1kW of power for each unit (3 panels per home at +/- 330 watts per panel). Thus, a 12-unit building will have roughly 12kW of solar panels. Energy recovery ventilator (ERV) systems will also be installed on every market rate unit to improve air quality inside the homes. When homes get very tight due to efficient 13.1 Packet Pg. 244 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 5 construction techniques, the air inside can get stagnant. The ERV system helps bring in fresh outside air and condition it to the inside temperature through an energy efficient recovery core. Northfield will also deliver a 240V outlet in every garage to provide a place for the electric vehicle fast-charging stations and further encourage residents to drive eco-friendly cars. In addition to the outlets, Northfield will provide electrical vehicle charging stations at parking locations throughout the project, which will be available to residents and the greater community. These charging stations and electrical outlets demonstrate that Northfield is an environmentally friendly community and encourages the use of electric vehicles to help reduce greenhouse gas emissions. (b) Environmental Conservation Bordering the Lake Canal Wetlands, Northfield’s design protects and enhances this important ecosystem. The project provides an enhanced setback from the Lake Canal Wetlands to further protect them from new development. The connections over Lake Canal will be constructed with low impact box culverts and abide by and exceed Army Core of Engineers standards for historic protected wetlands. Northfield will include approximately 26 acres of parks and green spaces, covering approximately 46.9% of the entire project and far exceeding the City’s requirements for open space. These landscaped areas will focus on low-water usage designs. Initial hydro-zone calculations indicate Northfield will use 6.87 gallons of water per square foot, well below the City’s limit of 15 gallons of water per square foot. (c) Enhanced Community Resiliency Northfield is located within the City’s Northside Neighborhoods Plan area. One of the City’s goals under that plan is improving stormwater drainage for the Dry Creek and Poudre River Basins to remove lands from the floodplain. The property within Northfield has a high water table and, through the use of the Metropolitan District structure and financing tools, the site would be de-watered using a perforated underdrain system, which will facilitate the City’s goal of improving stormwater drainage in the Dry Creek and Poudre River Basins. More specifically, Northfield anticipates implementing infiltration galleries and utilizing both below grade StormTech chambers and a rain garden to enhance stormwater runoff quantity and quality. These features are in addition to the City’s standard stormwater detention requirements and water quality capture volumes. The infiltration galleries and rain garden are Low-Impact Development (LID) features that allow sediment to be filtered out while providing infiltration to protect the environment and reduce the volume of developed runoff. These measures, combined with the de-watering efforts, will make Northfield and the surrounding neighborhoods less susceptible to future flooding. 3. Critical Public Infrastructure (a) Construction of Suniga Road as an Arterial Road 13.1 Packet Pg. 245 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 6 Under the City’s building and zoning rules, a standard project does not require regional road access bisecting the site. However, Northfield is willing to fulfill the City’s request that the project include a 4-lane arterial road in order to improve the access to the entire northeast region of the City. This regional connection will run from Redwood Street to Lemay Avenue, connecting to the existing portion of Suniga Road to the west of the project. The Metropolitan District financing tools will help enable the construction of Suniga Road as an arterial road for the City, which is a much more significant regional transportation contribution than is typically delivered by projects of Northfield’s size. The Metropolitan District structure and finance tools facilitate delivery of this stretch outcome by offsetting the costs and loss of developable space that Northfield faces by dedicating increased right-of-way to the arterial road. See images below for cross-section comparisons of the ROW required for an Arterial Street vs a Connector Local Street. The community gains a vital piece of regional connectivity that alleviates many traffic concerns in the area, particularly at the intersection of Vine & Lemay, in the North College/Vine Drive Enhanced Travel Corridor. 13.1 Packet Pg. 246 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 7 (b) Off-Site Sewer Improvements Through the Metropolitan District structure, Northfield is able to advance funds to improve a dilapidated off-site sewer line at the onset of the project and provide improved sewer service to Northfield and surrounding neighborhoods when the improvements are needed, allowing the City to reimburse a portion of those expenditures at a future date. Northfield plans to replace and upsize the sewer line from Vine Drive, around Alta Vista, and along a portion of Lemay Avenue. This amounts to 2,694 linear feet of sewer line. Given the City's capital improvements schedule, it is unlikely that that a City-constructed line upsizing project at this location could be completed until long after Northfield is built. Northfield and the Metropolitan District structure would make it possible to finance and replace the failing sewer line during horizontal construction, providing immediate public benefit to the community. 13.1 Packet Pg. 247 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 8 (c) Regional Trail Rather than simply designating an on-site easement for the future trail construction by the City, Northfield plans to finance and deliver the on-site Regional Trail as well as the off- site pedestrian connection for the northeastern portion up to the intersection at Lemay Avenue and Conifer Street. The site will also feature buffered bike lanes and wider than required sidewalks. Given Northfield’s proximity to many employment centers, as well as downtown Fort Collins, the immediate construction of the Regional Trail will give our residents and the surrounding community enhanced pedestrian access, thus reducing the need for automobile trips. The Metropolitan District Structure enables the Regional Trail to be built concurrently with vertical construction and frees the City to allocate funds that would have been used to construct the trail to other valuable projects. 13.1 Packet Pg. 248 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 9 4. Smart Growth Management and Community and Neighborhood Livability Northfield furthers the City’s objectives for Smart Growth Management and Community and neighborhood Livability. Although Northfield will meet the City’s definition of an “affordable housing project,” which would allow for increased density to 12 units per acre, Northfield plans to keep density at 8 units per acre. Remaining at this lower density enables Northfield’s other stretch outcomes, including constructing Suniga Road as an arterial road and increasing the buffer zone to protect the Lake Canal Wetlands. Lower project-wide density also provides Northfield’s residents and the surrounding community with a more attractive residential area, including more landscaped and open space area than similarly sized projects. Current area coverage calculations put the amount of landscaped and open space at 25.9 acres, or 46.9% of the entire site. This is a much higher proportion of open space compared to similar residential projects, and especially compared to single-family developments. Northfield’s density is also the lowest of any recent project with similar product types that Landmark Homes has developed in Northern Colorado (See table below). The amount of outdoor space greatly increases the amount of landscaping required, creating a development challenge because pro forma revenue is lost due to both lost units and increased landscaping costs. Metropolitan District financing tools help mitigate this challenge and enable the delivery of enhanced livability and a desirable, defining new urbanist community near Downtown Fort Collins. The Metropolitan District structure is also a more efficient vehicle for maintaining the landscaping and open space than a common interest ownership association. The project will focus on alley-loaded units, which is a major tenant of New Urbanism planning values and techniques. Residents not situated on right-of-ways will face landscaped open space as well. Alley-loaded product results in a far superior aesthetic benefit to its residents than in a code-minimum project, but there are increased costs associated with this design, and the proposed structure will help fill that funding gap. The Metropolitan District structure is also a much more efficient vehicle to maintain these alleys than a common interest ownership association would be. 13.1 Packet Pg. 249 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 10 Northfield will also feature a clubhouse and a mixed-use building near the regional trail to serve the community at large. The clubhouse will provide amenities including a swimming pool, workout facility, kitchen, and gathering space for residents and public. The mixed-use center will offer light commercial use on the first floor, residential for-rent units on the second floor, and small amenities open to the public (e.g. bike repair station, doggie station). Targeted uses for the commercial space include a day care center, coffee shop, and bike repair shop. Neither amenity is required by the City, and both are categorized as extraordinary costs that the development is incurring for the benefit of the residents of Northfield and the community at large. See renderings of the clubhouse and the mixed-use building below. 13.1 Packet Pg. 250 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 11 Northfield will also promote the City’s objective of preserving and enhancing historic resources. The southeastern edge of Northfield borders the to-be-designated historic Alta Vista neighborhood. To blend the transition to new development and pay homage to the neighborhood’s history, Northfield will feature an Interpretive Historical Park and Gateway Features bordering Alta Vista. These additions were developed in collaboration with neighbors in the Alta Vista neighborhood and would provide an extraordinary benefit to the City as a whole. 13.1 Packet Pg. 251 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 12 PUBLIC BENEFITS NARRATIVE Exhibit 1: Mercy Housing LOI 13.1 Packet Pg. 252 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 12 PUBLIC BENEFITS NARRATIVE Exhibit 1: Mercy Housing LOI 13.1 Packet Pg. 253 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 13.1 Packet Pg. 254 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 13.1 Packet Pg. 255 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 13.1 Packet Pg. 256 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 13.1 Packet Pg. 257 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) Total Benefit Per-Unit Benefit Notes Environmental Sustainability Energy Efficient Neighborhood 1) LEED Gold Certification $1,933,750 $4,375 Energy efficient building materials/practices and certification fees 2) Energy Recovery Ventilator (ERV) Systems $645,000 $1,459 In every market rate home; meets ASHRAE 62.2 & FC Code Solar Energy 1) Appoximately 1 kW of Solar Per Unit $1,219,310 $2,759 On every home (3 panels per home at +/- 330 watts per panel) Electric Vehicles 1) 240V wiring and outlets $375,000 $848 In every garage 2) EV charging stations $30,000 $68 6 dual charging ports Critical Public Infrastructure Major Arterial Development 1) On-Site Suniga Road Upsizing $1,682,640 $3,807 Upsizing cost from a typical 2-lane connector 1) Off-Site Suniga Road $774,800 $1,753 Offsite construction from Redwood to Lake Canal Pedestrian Connectivity 1) Regional Trail Construction $199,050 $450 Off-Site Infrastructure 1) Off-Site Sewer Construction & Upsizing $538,220 $1,218 To benefit Northfield and the surrounding areas from a failing sewer line Smart Growth Management Increased Density 1) Alley-Loaded Homes $820,800 $1,857 Metro District maintained Public Spaces 1) Reduction in Allowed Density/ More Open Space $4,474,100 $10,122 Northfield is at 8 units/acre vs the allowed 12 units/acre per the "affordable housing project" land use definition 2) Clubhouse & Swimming Pool $2,000,000 $4,525 3) Increased Landscaped Area (46.9% of site) $723,800 $1,638 Landscaped area beyond a typical project 4) Alta Vista Buffer Area $125,000 $283 Seperates and protects the Alta Vista neighborhood from Suniga 5) Public amenity area $5,000 $11 Public use amenities stationed along regional trail Strategic Priorities Affordable Housing 1) 14.7% (65 units) of deed-restricted affordable housing $4,420,000 $10,000 $68,000 subsidy per unit to price below 80% AMI Attainable Housing 1) 85.3% (377 units) of attainably priced housing Difficult to Quant. Difficult to Quan. Remainder of project will be priced in a range that someone making 80% to 120% of AMI could afford TOTAL PUBLIC BENEFITS $19,966,470 $45,173 Units: 442 Non-Basic Improvements Disclaimer: The benefits listed above respresent a preliminary estimate in order to provide illustrative representation of the value for public benefit. The illustration is non-binding pending the execution of a development agreement Northfield Metro District Public Benefits Evaluation 13.1 Packet Pg. 258 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) H-1 EXHIBIT H DISCLOSURE NOTICE 13.1 Packet Pg. 259 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) NOTICE OF INCLUSION IN A RESIDENTIAL METROPOLITAN DISTRICT AND POSSIBLE PROPERTY TAX CONSEQUENCES Legal description of the property and address: Attached hereto as Exhibit A. This property is located in the following metropolitan district: Northfield Metropolitan District No. __. In addition to standard property taxes identified on the next page, this property is subject to a metropolitan district mill levy (another property tax) of up to: Fifty (50) Mills. Based on the property’s inclusion in the metropolitan district, an average home sales price of $300,000 could result in ADDITIONAL annual property taxes up to: $1,080.00 The next page provides examples of estimated total annual property taxes that could be due on this property, first if located outside the metropolitan district and next if located within the metropolitan district. Note: property that is not within a metropolitan district would not pay the ADDITIONAL amount. The metropolitan district board can be reached as follows: Northfield Metropolitan District No. __ C/O WHITE BEAR ANKELE TANAKA &WALDRON Attention: Robert G. Rogers 2154 E. Commons Ave., Suite 2000 Centennial, CO 80122 Phone: 303-858-1800. You may wish to consult with: (1) the Larimer County Assessor’s Office, to determine the specific amount of metropolitan district taxes currently due on this property; and (2) the metropolitan district board, to determine the highest possible amount of metropolitan district property taxes that could be assessed on this property. 13.1 Packet Pg. 260 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 2 ESTIMATE OF PROPERTY TAXES Annual Tax Levied on Residential Property With $300,000 Actual Value Without the District Taxing Entity Mill Levies (2018) Annual tax levied Poudre R-1 General Fund 40.300 $ 870.48 Larimer County 22.403 $ 483.90 Poudre R-1 Bond Payment 12.330 $266.33 City of Fort Collins 9.797 $ 211.62 Poudre River Public Library District 3 $ 64.80 Health District of Northern Larimer County 2.167 $ 46.81 Northern Colorado Water Cons. District 1 $ 21.60 Larimer County Pest Control District .142 $3.07 TOTAL: 91.139 $ 1,968.61 Annual Tax Levied on Residential Property With $300,000 Actual Value With the District (Assuming Maximum District Mill Levy) Taxing Entity Mill Levies (2018) Annual tax levied Northfield Metropolitan District No. __ 50.000 $1,080 Poudre R-1 General Fund 40.300 $ 870.48 Larimer County 22.403 $ 483.90 Poudre R-1 Bond Payment 12.330 $266.33 City of Fort Collins 9.797 $ 211.62 Poudre River Public Library District 3 $ 64.80 Health District of Northern Larimer County 2.167 $ 46.81 Northern Colorado Water Cons. District 1 $ 21.60 Larimer County Pest Control District .142 $3.07 TOTAL: 141.139 $3,048.61 13.1 Packet Pg. 261 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 3 **This estimate of mill levies is based upon mill levies certified by the Larimer County Assessor’s Office in December 2018 for collection in 2019, and is intended only to provide approximations of the total overlapping mill levies within the District. The stated mill levies are subject to change and you should contact the Larimer County Assessor’s Office to obtain accurate and current information. Exhibit A Property 13.1 Packet Pg. 262 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) H-2 EXHIBIT I FORM OF INTERGOVERNMENTAL AGREEMENT 13.1 Packet Pg. 263 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 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 Northfield Metropolitan District Nos. 1-3, 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 ___________________, 2019, 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. 13.1 Packet Pg. 264 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 5. Governing Law; Venue. This Agreement shall be governed by and construed under the applicable laws of the State of Colorado. Venue for any judicial action to interpret or enforce this Agreement shall be in Larimer County District Court of the Eighth 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. NORTHFIELD METROPOLITAN DISTRICT NO. 1 By: President ATTEST: NORTHFIELD METROPOLITAN DISTRICT NO. 2 By: President ATTEST: 13.1 Packet Pg. 265 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) NORTHFIELD METROPOLITAN DISTRICT NO. 3 By: President ATTEST: CITY OF FORT COLLINS By: Mayor ATTEST: City Clerk 13.1 Packet Pg. 266 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 2165.0003: 983698 CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO CERTIFICATION OF MAILING NOTICE OF PUBLIC HEARING IN RE NORTHFIELD METROPOLITAN DISTRICT NOS. 1-3, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO I, Catherine V. Will, of lawful age and duly sworn, state: 1. I am a paralegal at the law firm of White Bear Ankele Tanaka & Waldron acting on behalf of the proposed District in the above captioned matter. 2. That, pursuant to Section 3(H) of the City of Fort Collins Policy for Reviewing Service Plans for Metropolitan Districts, the Notice of Public Hearing on Service Plan, a copy of which is attached hereto as Exhibit A, was provided by U.S. first class mail on July 19, 2019, to the owners of record of all real property within the District as such owners of record are listed in the proposed service plan, as set forth on the list attached hereto as Exhibit B. Signed this 7th day of August, 2019. By: Catherine V. Will EXHIBIT B 13.1 Packet Pg. 267 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) EXHIBIT A NOTICE OF PUBLIC HEARING ON SERVICE PLAN 13.1 Packet Pg. 268 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) NOTICE OF PUBLIC HEARING FOR THE ORGANIZATION OF A SPECIAL DISTRICT IN RE THE ORGANIZATION OF NORTHFIELDMETROPOLITAN DISTRICT NOS. 1-3, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO NOTICE IS HEREBY GIVEN that, pursuant to § 32-1-204(1), C.R.S., a Service Plan (the “Service Plan”) for the proposed Northfield Metropolitan District Nos. 1-3 (“Districts”) has been filed and is available for public inspection in the office of the City Clerk of the City of Ft. Collins. A public hearing on the Service Plan will be held by the City Council of the City of Ft. Collins (the “City Council”) on Tuesday, August 20, 2019, at 6:00 p.m., at City Council Chambers, City Hall West, 300 LaPorte Avenue, Ft. Collins, Colorado, or as soon thereafter as the City Council may hear such matter. The Districts are metropolitan districts. Public improvements authorized to be planned, designed, acquired, constructed, installed, relocated, redeveloped and financed, specifically including related eligible costs for acquisition and administration, as authorized by the Special District Act, except as specifically limited in the Districts’ Service Plan to serve the future taxpayers and property owners of the Districts as determined by the Board of the Districts in its discretion. The maximum mill levy each District is permitted to impose upon the taxable property within its boundaries and shall be Fifty (50) mills for district improvements and operating costs, subject to certain terms as set forth in the Service Plan. The proposed districts will be generally located west of North Lemay Avenue, south of the Lake Canal, and north of the Alta Vista neighborhood, City of Fort Collins, Larimer County, Colorado, currently known as Assessor Parcel Number 9701400002, containing approximately 56.3 acres, as further described in the Service Plan. NOTICE IS FURTHER GIVEN that pursuant to § 32-1-203(3.5), C.R.S., any person owning property in the proposed Districts may request that such property be excluded from the Districts by submitting such request to the Fort Collins City Council no later than ten days prior to the public hearing. All protests and objections must be submitted in writing to the City Manager at or prior to the public hearing or any continuance or postponement thereof in order to be considered. All protests and objections to the Districts shall be deemed to be waived unless presented at the time and in the manner specified herein. BY ORDER OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS 13.1 Packet Pg. 269 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) EXHIBIT B MAILING LIST OF PROPERTY OWNERS 13.1 Packet Pg. 270 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) Mailing List of Property Owners SCHLAGEL DONALD E/LL/RH M H/ARVIDSON SL/ROBERTO EG/EJ 1131 LINDENMEIER RD FORT COLLINS, CO 80524 13.1 Packet Pg. 271 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) EXHIBIT C 13.1 Packet Pg. 272 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 13.1 Packet Pg. 273 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 2165.0003: 987085 CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO CERTIFICATION OF MAILING NOTICE OF PUBLIC HEARING IN RE NORTHFIELD METROPOLITAN DISTRICT NOS. 1-3, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO I, Catherine V. Will, of lawful age and duly sworn, state: 1. I am a paralegal at the law firm of White Bear Ankele Tanaka & Waldron acting on behalf of the proposed District in the above captioned matter. 2. That, pursuant to Section 3(H) of the City of Fort Collins Policy for Reviewing Service Plans for Metropolitan Districts, the Notice of Public Hearing on Service Plan, a copy of which is attached hereto as Exhibit A, was provided by U.S. first class mail on August 22, 2019, to the owners of record of all real property within the District as such owners of record are listed in the proposed service plan, as set forth on the list attached hereto as Exhibit B. Signed this 27th day of August, 2019. By: Catherine V. Will EXHIBIT D 13.1 Packet Pg. 274 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) EXHIBIT A NOTICE OF PUBLIC HEARING ON SERVICE PLAN 13.1 Packet Pg. 275 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) NOTICE OF PUBLIC HEARING FOR THE ORGANIZATION OF A SPECIAL DISTRICT IN RE THE ORGANIZATION OF NORTHFIELDMETROPOLITAN DISTRICT NOS. 1-3, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO NOTICE IS HEREBY GIVEN that, pursuant to § 32-1-204(1), C.R.S., a Service Plan (the “Service Plan”) for the proposed Northfield Metropolitan District Nos. 1-3 (“Districts”) has been filed and is available for public inspection in the office of the City Clerk of the City of Ft. Collins. A public hearing on the Service Plan that was scheduled to be held by the City Council of the City of Ft. Collins (the “City Council”) on Tuesday, August 20, 2019, at 6:00 p.m., was continued by the City Council. A public hearing on the Service Plan will be held by the City Council on Tuesday, September 3, 2019, at 6:00 p.m. at City Council Chambers, City Hall West, 300 LaPorte Avenue, Ft. Collins, Colorado, or as soon thereafter as the City Council may hear such matter. The Districts are metropolitan districts. Public improvements authorized to be planned, designed, acquired, constructed, installed, relocated, redeveloped and financed, specifically including related eligible costs for acquisition and administration, as authorized by the Special District Act, except as specifically limited in the Districts’ Service Plan to serve the future taxpayers and property owners of the Districts as determined by the Board of the Districts in its discretion. The maximum mill levy each District is permitted to impose upon the taxable property within its boundaries and shall be Fifty (50) mills for district improvements and operating costs, subject to certain terms as set forth in the Service Plan. The proposed districts will be generally located west of North Lemay Avenue, south of the Lake Canal, and north of the Alta Vista neighborhood, City of Fort Collins, Larimer County, Colorado, currently known as Assessor Parcel Number 9701400002, containing approximately 56.3 acres, as further described in the Service Plan. NOTICE IS FURTHER GIVEN that pursuant to § 32-1-203(3.5), C.R.S., any person owning property in the proposed Districts may request that such property be excluded from the Districts by submitting such request to the Fort Collins City Council no later than ten days prior to the public hearing. All protests and objections must be submitted in writing to the City Manager at or prior to the public hearing or any continuance or postponement thereof in order to be considered. All protests and objections to the Districts shall be deemed to be waived unless presented at the time and in the manner specified herein. BY ORDER OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS 13.1 Packet Pg. 276 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) EXHIBIT B MAILING LIST OF PROPERTY OWNERS 13.1 Packet Pg. 277 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) Mailing List of Property Owners SCHLAGEL DONALD E/LL/RH M H/ARVIDSON SL/ROBERTO EG/EJ 1131 LINDENMEIER RD FORT COLLINS, CO 80524 13.1 Packet Pg. 278 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) EXHIBIT E 13.1 Packet Pg. 279 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 13.1 Packet Pg. 280 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) Northfield Metro District – Development Agreement April 21, 2020 Josh Birks and Rachel Rogers ATTACHMENT 2 13.2 Packet Pg. 281 Attachment: Powerpoint presentation (9154 : Northfield Metropolitan District Development Agreement) Presentation Overview 1) Project Overview 2) Metro District Commitments 3) Answers to Council Questions 4) Staff Recommendation 2 13.2 Packet Pg. 282 Attachment: Powerpoint presentation (9154 : Northfield Metropolitan District Development Agreement) Project Description • 6+ Year Multi Phase Master Planned Project • 442 Residential Units • 14.7% affordable 3 13.2 Packet Pg. 283 Attachment: Powerpoint presentation (9154 : Northfield Metropolitan District Development Agreement) Community Wide Benefits Affordable Housing Energy Efficiency Renewables Infrastructure 4 13.2 Packet Pg. 284 Attachment: Powerpoint presentation (9154 : Northfield Metropolitan District Development Agreement) Developer Commitments Environmental Sustainability GHG Reduction Water/Energy Conservation Multimodal Transportation Enhance Resiliency Increase Renewable Capacity Critical Public Infrastructure Existing significant infrastructure challenges On-site Off-site Smart Growth Management Increase density Walkability/Pedestrian Infrastructure Availability of Transit Public Spaces Mixed-Use Strategic Priorities Affordable Housing Workforce Housing Infill/Redevelopment Economic Health Outcomes 5 13.2 Packet Pg. 285 Attachment: Powerpoint presentation (9154 : Northfield Metropolitan District Development Agreement) Conclusions 1) Development Agreement Conforms to the Public Benefits outlined in the Service Plan 2) Project will create at least 65 units of affordable housing at 60% average AMI 3) Development Agreement includes performance measures that could delay issuance of building permits on failure to perform Affordable housing is front loaded – 2/3 in first half of permits Gold LEED Certification & Solar – prerequisite to the City’s issuance of the C of O for each dwelling unit built under the approved FDP that evidence of final application submittal for the LEED for Homes Certification for such dwelling unit be provided to the City by a HERS Rater. 6 13.2 Packet Pg. 286 Attachment: Powerpoint presentation (9154 : Northfield Metropolitan District Development Agreement) Staff Recommendation Staff recommends adoption of the resolution 7 13.2 Packet Pg. 287 Attachment: Powerpoint presentation (9154 : Northfield Metropolitan District Development Agreement) 8 Northeast Fort Collins Water’s Edge Phase 1 & 2 Montava Waterfield Mulberry Northfield 13.2 Packet Pg. 288 Attachment: Powerpoint presentation (9154 : Northfield Metropolitan District Development Agreement) Affordable Housing 9 Source: Housing & Urban Development, US Gov’t, effective 6/28/19 13.2 Packet Pg. 289 Attachment: Powerpoint presentation (9154 : Northfield Metropolitan District Development Agreement) Attainable/Workforce Housing 10 Workforce Housing units is defined as units affordable to a household earning between 81 percent and 120 percent of AMI. Residential Units (2020 Base Price) Housing Type # Units Price Brownstones 139 $388,518 Flats 180 359,040 Value Condo 16 316,200 Stacked Condo 40 306,714 Deed Restricted Condo 65 265,200 Studio Rental 2 200,000 Total/Average 442 $347,504 13.2 Packet Pg. 290 Attachment: Powerpoint presentation (9154 : Northfield Metropolitan District Development Agreement) LEED Certification 11 LEED (Leadership in Energy and Environmental Design): An internationally recognized green building certification system: • third-party verification • energy savings • water efficiency • CO2 emissions reduction • improved indoor environmental quality • stewardship of resources Northfield Metro District Homes (all homes): • All units must meet LEED Gold certification. • The Green Insight has been engaged to achieve this certification and will inspect throughout the building. 13.2 Packet Pg. 291 Attachment: Powerpoint presentation (9154 : Northfield Metropolitan District Development Agreement) HERS Certification Baseline Home: • 2015 IECC Code with local options Northfield Metro District Homes (all homes): • Increased energy efficient building materials and methods will increase the energy efficiency of the homes. • Landmark will contract with a green energy consultant to ensure the buildings are constructed according to energy efficient standards and that official HERS scores are certified upon completion. 12 Average Fort Collins HERS Rating – 58 to 62 Average Proposed HERS Rating for All Housing – 35-49 13.2 Packet Pg. 292 Attachment: Powerpoint presentation (9154 : Northfield Metropolitan District Development Agreement) Energy Recovery Ventilator (ERV) Systems 13 Energy recovery ventilator (ERV) systems on every market rate unit to improve air quality inside the homes. 13.2 Packet Pg. 293 Attachment: Powerpoint presentation (9154 : Northfield Metropolitan District Development Agreement) Solar and EV Charging 14 • Northfield plans to include solar panels on market rate units. These buildings will feature a photovoltaic system that will produce at least 1kW of power for each unit. Thus, a 12-unit building will have roughly 12kW of solar panels. • Northfield will also deliver a 240V outlet in every garage to provide a place for the electric vehicle fast-charging stations and further encourage residents to drive eco-friendly cars. 13.2 Packet Pg. 294 Attachment: Powerpoint presentation (9154 : Northfield Metropolitan District Development Agreement) -1- RESOLUTION 2020-050 OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO SECURE PUBLIC BENEFITS FOR THE NORTHFIELD DEVELOPMENT WHEREAS, Northfield Land, LLC, a Colorado limited liability company (the “Developer”) is currently under contract to purchase the 55.263 acres of real property legally described in the Northfield Final Plat, City of Fort Collins, recorded on April 28, 2020, at Reception No. 20200029164 in the real property records of the Larimer County Clerk and Recorder (the “Property”); and WHEREAS, the Northfield First Filing Project Development Plan for development of the Property was approved by the City’s Planning and Zoning Board on April 19, 2019 (the “PDP”); and WHEREAS, the Developer has submitted to the City the plat and all plans (including utility plans), reports and other documents required for the approval of the Northfield First Filing Final Development Plan (the “FDP”) for the Property consistent with the PDP and according to the City’s development application submittal requirements master list, copies of which are on file with the City in the office of the City Engineer; and WHEREAS, the FDP has been recently approved by the City; and WHEREAS, the Developer will also be entering into a development agreement with the City under Section 3.3.2(B) of the City’s Land Use Code as part of the City’s approval process for the FDP, but this agreement has not yet been entered into by the City and the Developer (the “Development Agreement”); and WHEREAS, the Developer desires to develop the Property under the FDP and the Development Agreement for the construction of 442 dwelling units; and WHEREAS, pursuant to the provisions of Colorado’s Special District Act, the Developer previously submitted to the City an application for the Fort Collins City Council’s approval of a Consolidated Service Plan for the Northfield Metropolitan District Nos. 1-3 (the “Service Plan”), which Service Plan the City Council approved on October 1, 2019, in Resolution 2019-101; and WHEREAS, the Developer sought the organization of Northfield Metropolitan District Nos. 1-3 (the “Districts”) to enable development of the Property in a manner that will provide the public benefits described in Exhibit “G” of the Service Plan, which are: (1) affordable and attainable housing; (2) environmental sustainability; (3) critical public infrastructure; and (4) smart growth management and community and neighborhood livability (collectively, the “Public Benefits”); and WHEREAS, Section IV.B.2. of the Service Plan requires that Developer’s provision of the Public Benefits be secured by a development agreement between the City and the Developer Packet Pg. 295 -2- that has been approved by resolution of the City Council before the Districts can, among other things, impose any property taxes or issue any debt; and WHEREAS, City staff and the Developer have negotiated the “Agreement to Secure Public Benefits for the Northfield Development” attached as Exhibit “A” and incorporated herein by reference (the “Public Benefits Agreement”), which sets forth the terms and conditions by which the Developer’s provision of the Public Benefits will be secured for the City; and WHEREAS, the City Council hereby finds that approval of the Public Benefits Agreement is in the City’s best interest and will serve the public’s health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE 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. Section 2. That the City Council hereby approves the Public Benefits Agreement, but this approval shall not be fully effective unless and until the City and the Developer have entered into the Development Agreement. Section 3. That provided the City and the Developer have entered into the Development Agreement, the City Manager is authorized to enter into the Public Benefits Agreement on the City’s behalf 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 the effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd day of June, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 296 1 AGREEMENT TO SECURE PUBLIC BENEFITS FOR THE NORTHFIELD DEVELOPMENT THIS AGREEMENT TO SECURE PUBLIC BENEFITS FOR THE NORTHFIELD DEVELOPMENT (this “Agreement”) is made and entered into this ______ day of ___________, 2020, by and between the CITY OF FORT COLLINS, COLORADO, a home rule municipality of the State of Colorado (“City”); NORTHFIELD LAND, LLC, a Colorado limited liability company (“Developer”). The City and the Developer shall be referred to herein jointly as the “Parties” and sometimes individually as the “Party.” WITNESSETH: WHEREAS, the Developer is currently under contract to purchase from the “Owners” hereafter described, the 55.263 acres of real property legally described in Northfield Final Plat, City of Fort Collins, recorded on April 28, 2020, at Reception No. 20200029164 in the real property records of the Larimer County Clerk and Recorder (the “Property”); and WHEREAS, the Property is owned in undivided fractional interests by Donald E. Schlagel, Leonard L. Schlagel, Sandra Lee Arvidson, Eugene G. Roberto, Elizabeth J. Roberto and Michael H. Schlagel (collectively, the “Owners”); and WHEREAS, on April __, 2020, the City approved for the Property a final development plan (the “Development Plan”); and WHEREAS, the Development Plan is approved for a total of 442 dwelling units, of which a minimum of 65 dwelling units will be designated and provided as either for-sale or for-rent ”Affordable Housing Units” (as hereafter defined) and the remaining dwelling units will be sold as “Attainable Housing Units” (as hereafter defined); and WHEREAS, the Developer desires to develop the Property to include 442 dwelling units to be constructed as energy efficient homes, employing high quality and smart growth practices; and WHEREAS, pursuant to the provisions of Article 1 of Title 32 of the Colorado Revised Statutes (the “Special District Act”), the City Council of the City (the “Council”), by Resolution 2019-101, approved the Consolidated Service Plan (the “Service Plan”) for the Northfield Metropolitan District Nos. 1-3 (each a “District” and collectively the “Districts”); and WHEREAS, organization of the Districts is intended to enable development of the Property in a manner that will provide the public benefits generally described in Exhibit G EXHIBIT A 1 Packet Pg. 297 Attachment: Exhibit A (9155 : Northfield Metropolitan District Development Agreement RESO) 2 of the Service Plan (Exhibit G is mistakenly identified in Section IV.B. of the Service Plan as Exhibit I, but correctly attached to the Service Plan as Exhibit G), and more particularly defined and described in Paragraph I.B. below (the “Public Benefits”); and WHEREAS, Section IV.B. of the Service Plan requires that the Public Benefits be secured in manner approved by the Council by resolution before the Districts are authorized under the Service Plan to issue any Debt or impose any Debt Mill Levy or Fees for the payment of Debt (as these italicized terms are defined in the Service Plan); and WHEREAS, Section IV.B.2. of the Service Plan also requires that if the Public Benefits are to be provided by a developer of the Property, the provision of the Public Benefits must be secured by a development agreement between the City and such developer that legally obligates the developer to provide the Public Benefits before the City is required to issue building permits and/or certificates of occupancy for structures be built under the Development Plan; and WHEREAS, on June 2, 2020, the Council approved this Agreement by Resolution 2020-050 to establish the manner by which the Public Benefits are to be secured as contemplated in Section IV.B. of the Service Plan. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements of the Parties contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, it is agreed as follows: I. SECURING OF PUBLIC BENEFITS A. Method of Securing Public Benefits. Although the intent is that one or more of the Districts will ultimately reimburse the Developer for those Public Benefits they have the legal ability to fund, the Developer shall have the obligation to develop, construct and/or install the Public Benefits in accordance with the terms and conditions of this Agreement. B. Public Benefits Summary. Exhibit G to the Service Plan generally summarizes the four (4) categories constituting the Public Benefits which are required to be secured by this Agreement: (1) Affordable and Attainable Housing; (2) Environmental Sustainability; (3) Critical Public Infrastructure; and (4) Smart Growth Management and Community and Neighborhood Livability; each of which is defined and addressed in Sections I.C. through I.F. below. C. Affordable and Attainable Housing. 1. The Development Plan authorizes a total of four hundred forty-two (442) dwelling units to be constructed on the Property (“Total Dwelling Units”). For purposes of determining compliance with this Section I.C., at least sixty-five (65) of the Total Dwelling Units must each be a dwelling unit affordable for households 1 Packet Pg. 298 Attachment: Exhibit A (9155 : Northfield Metropolitan District Development Agreement RESO) 3 earning eighty percent (80%) or less of the area median income for a family of four for the Fort Collins/Loveland Metropolitan Statistical Area published annually by the U.S. Department of Housing and Urban Development (“AMI”), which units may be offered for-sale or for-rent (“Required Affordable Units”). However, the Required Affordable Units offered for-rent must on average be affordable to households earning no more than sixty percent (60%) of the AMI. This sixty percent (60%) average shall be calculated using the averaging methodology adopted by the Colorado Housing and Finance Authority in response to the United States Congress’ Fiscal Year 2018 Omnibus Spending Bill signed into law by President Trump on March 23, 2018. 2. Each of the remaining three hundred seventy-seven (377) Total Dwelling Units are expected, but not required under this Agreement, to be developed by the Developer under the Development Plan as attainable housing affordable for households earning from eighty-one percent (81%) to one hundred twenty percent (120%) of AMI. 3. Each of the Required Affordable Units must continue to satisfy its affordability standard as defined in Section I.C.1. above for at least twenty (20) years from the date of issuance of the first certificate of occupancy for each such unit. This means that it is the intent of the Parties that the initial and subsequent conveyances and leases of each of the Required Affordable Units during the twenty (20)-year period must be to purchasers or lessees whose AMI qualifies them for that Required Affordable Unit as defined in Section I.C.1 above. This requirement shall be secured and deemed satisfied upon recording of a restrictive covenant or deed restriction for each of the Required Affordable Units in a form reasonably acceptable to the City that is for the City’s benefit and enforceable by the City at law and in equity and recorded with the Larimer County Clerk and Recorder (the “20-Year Covenant”). When recorded, the 20-Year Covenant shall not be subordinate to any lien or other financial encumbrance other than liens for real property taxes. Notwithstanding the foregoing, the Developer may use methods other than the 20-Year Covenant to secure for twenty (20) years the affordability of the Required Affordable Units if the method is first approved in writing by the City. 4. The Required Affordable Units may be provided through any of the following three (3) mechanisms or by any other mechanism mutually agreed upon in writing by the Developer and the City, or any combination of the same: a. The Developer has developed any portion of the Required Affordable Units within the Property under the Development Plan. b. Execution of a contract for the sale of land of any portion of the Property by the Developer to a non-profit or for-profit builder with a legally enforceable contract obligation to the City in a form reasonably 1 Packet Pg. 299 Attachment: Exhibit A (9155 : Northfield Metropolitan District Development Agreement RESO) 4 acceptable to the City to develop such land as part or all of the Required Affordable Units, and the subsequent development of that land under the Development Plan by such builder as part or all of the Required Affordable Units. At the time any such sale is closed and relevant documentation provided to the City by the Developer for each such sale, the City shall determine the number and type of Required Affordable Units which reasonably could be expected to develop on such acreage pursuant to the Development Plan and all other applicable City ordinances, regulations, standards and policies and, upon such determination, those units shall count toward the Required Affordable Units. c. A reservation of any portion of the Property to be developed under the Development Plan by the Developer for the benefit of and legally enforceable by the City at law and in equity for the eventual sale to an entity for development of all or a portion of the Required Affordable Units. At the time such reservation is made by the Developer and the reservation is in a form reasonably acceptable to the City that is for the City’s benefit and enforceable by the City at law and in equity and recorded with the Larimer County Clerk and Recorder, the City shall determine the number and type of Required Affordable Units which could reasonably be expected to develop on such acreage pursuant to the Development Plan and all other applicable City ordinances, regulations, standards and policies. Upon such determination, those units shall count toward the Required Affordable Units. 5. At least forty-three (43) of the Required Affordable Units shall be secured through one of the mechanisms described in Sections I.C.4.a. through c. above (or through any other mechanism agreed upon in writing between the City and the Developer) before the City is required to issue any building permit that will authorize the construction of more than two hundred twenty-one (221) of the Total Dwelling Units, and the remaining twenty-two (22) of the Required Affordable Units shall be so secured prior to the City being required to issue a building permit that will authorize the construction of any of the last eighty-eight (88) of the Total Dwelling Units. D. Environmental Sustainability. 1. LEED Certification. All of the Total Dwelling Units shall achieve LEED Gold Certification, including the Required Affordable Units. Accordingly, the Developer shall provide the City for each of the Total Dwelling Units (“Dwelling Unit”) before the City is required to issue a certificate of occupancy for that Dwelling Unit, a copy of the final application submitted and signed by the Green Rater for the LEED Gold for Homes Certification for that Dwelling Unit (the “Certification”). In addition, the Developer shall provide the Certification issued for that Dwelling Unit to the City within thirty (30) days of the City’s issuance of the certificate of occupancy for the Dwelling Unit. In the event the Developer does not provide such 1 Packet Pg. 300 Attachment: Exhibit A (9155 : Northfield Metropolitan District Development Agreement RESO) 5 Certification for that Dwelling Unit within thirty (30) days of the City’s issuance of the certificate of occupancy of the Dwelling Unit, the City may make the provision of such Certification a prerequisite to issuing additional building permits for the remaining Total Dwelling Units until such Certification is provided to the City. Heat recovery ventilator systems (“HRV Systems”) shall also be installed on all of the Total Dwelling Units to improve air quality inside the homes before the City is required to issue a certificate of occupancy for the dwelling unit, but this requirement to install HRV Systems shall not be applicable to the Required Affordable Units. 2. Solar Photovoltaic Energy. Each of the Total Dwelling Units shall be constructed with a rooftop solar photovoltaic system that will produce approximately 1kW of power for the dwelling unit using about three (3) panels per dwelling unit at approximately 330 watts per panel (“Solar System”) or, as an alternative, shall include access to a battery storage system installed within the dwelling unit or access to an installed battery storage system which has the capability to serve multiple dwelling units and the system used has the capability of providing the equivalent amount of energy for each of the Total Dwelling Units as would the Solar System (“Distributed Energy Storage”). Accordingly, evidence satisfactory to the City of one of the following must be provided to the City by a Green Rater for each of the Total Dwelling Units before the City shall be required to issue a certificate of occupancy: (i) the installation of a Solar System, or (ii) access to Distributed Energy Storage. 3. Electric Vehicle Charging. The Developer agrees that a 240V outlet shall be installed in each garage associated with the Total Dwelling Units. Accordingly, evidence satisfactory to the City of the installation in each garage of a 240V outlet must be provided to the City for each of the Total Dwelling Units before the City is required to issue a certificate of occupancy for such dwelling unit. In addition, Developer shall install electric vehicle charging stations providing at least six (6) charging-enabled parking spaces within the Property. Accordingly, evidence satisfactory to the City that such electrical vehicle charging stations shall be installed must be provided to the City before the City is required to issue any building permit that will authorize the construction of more than two hundred twenty-one (221) of the Total Dwelling Units. E. Critical Public Infrastructure. The Parties acknowledge and agree that the Development Plan and the related development agreement between the City and Developer require that the following critical public infrastructure be provided by the Developer: 1. Design and construction of Suniga Road as a four-lane major arterial in the dedicated Suniga Road right-of-way between Redwood Street and Lemay Avenue, as defined in the approved public improvement construction plans of the Development Plan (“Suniga Road Improvements”), and subject to 1 Packet Pg. 301 Attachment: Exhibit A (9155 : Northfield Metropolitan District Development Agreement RESO) 6 reimbursement by the City to the Developer for the oversized portion of such improvements in accordance with City regulations therefor; 2. Design and construction of upsizing of the existing sewer line from Vine Drive, around Alta Vista, and along a portion of Lemay Avenue, as defined in the approved public improvement construction plans of the Development Plan (“Sewer Line Improvements”), and subject to reimbursement by the City to the Developer for the oversized portion of such improvements in accordance with City regulations therefor; and 3. Design and construction of the Regional Trail within the boundaries of the Development Plan and the off-site pedestrian connection for the northern portion up to the intersection at Lemay Avenue and Conifer Street, as defined in the Development Plan (“Regional Trail Improvements”). The Parties further acknowledge and agree that including the Suniga Road Improvements, Sewer Line Improvements and Regional Trail Improvements in the Development Plan and the Developer agreeing in the related development agreement to construct these, has secured for the City the provision of this critical public infrastructure. The locations of the Suniga Road Improvements, Sewer Line Improvements and Regional Trail Improvements are generally depicted in the Development Plan on file with the City. F. Smart Growth Management and Community and Neighborhood Livability. The Parties acknowledge and agree that the Development Plan includes the following elements for smart growth management and community and neighborhood livability: (i) alley access to the garages of each of the Total Dwelling Units (with the possible exception of the Required Affordable Units); (ii) smaller lot sizes; and (iii) 100% of Total Dwelling Units will be attached housing types (four to eight- unit townhomes and eight to twelve-unit condominium buildings). The Development Plan also includes a clubhouse and a mixed-use building near the Regional Trail Improvements. The clubhouse will provide amenities including a swimming pool, workout facility, kitchen, and gathering space, as well as landscaped open space around the building. The mixed-use center will offer light commercial use on the first floor, residential for-rent units on the second floor, and small amenities open to the public (e.g. bike repair station, doggie station). The Developer will also include an Interpretive Historical Park and Gateway Features bordering the to-be-designated historic Alta Vista neighborhood. The Development Plan generally depicts the location of the features described in this Section I.F. G. City and Developer Acknowledgement. The City and the Developer specifically acknowledge and agree that the Public Benefits described and secured in paragraphs I.C. through I.F. above, shall not be deemed to have satisfied the requirement of Section IV.B.2. of the Service Plan for securing the Public Benefits as generally described in Exhibit G of the Service Plan unless and until this Agreement goes into full effect as provided in Section II.R. below. 1 Packet Pg. 302 Attachment: Exhibit A (9155 : Northfield Metropolitan District Development Agreement RESO) 7 II. MISCELLANEOUS A. City Findings. The City hereby finds and determines that the approval of this Agreement is in the best interests of the City and the public’s health, safety and general welfare. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. C. Covenants/Binding Effect. This Agreement shall run with the Property, including any subsequent replatting of all, or a portion of the Property. This Agreement shall also be binding upon and inure to the benefit of the Parties and their respective personal representatives, heirs, successors, grantees and assigns. It is agreed that all improvements required pursuant to this Agreement touch and concern the Property regardless of whether such improvements are located on the Property. Assignment of interest within the meaning of this paragraph shall specifically include, but not be limited to, a conveyance or assignment of any portion of the Developer's legal or equitable interest in the Property, as well as any assignment of the Developer's rights to develop the Property under the terms and conditions of this Agreement and the Development Plan. D. Default. 1. Notice; Cure. If either Party defaults under this Agreement, the non- defaulting Party shall deliver written notice to the defaulting Party of such default in accordance with Section II.L, and the defaulting Party shall have thirty (30) days from and after receipt of such notice to cure such default. If such default is not of a type which can be cured within such thirty (30) day period and the defaulting Party gives written notice to the non-defaulting Party within such thirty (30) day period that it is actively and diligently pursuing such cure, the defaulting Party shall have a reasonable period of time given the nature of the default following the end of such thirty (30) day period to cure such default, provided that such defaulting Party is at all times within such additional time period actively and diligently pursuing such cure and provided further that in no event shall such cure period exceed a total of six (6) months. Notwithstanding the cure period set forth in this Section II.D.1, Developer, its successors and assigns, shall have the right to include a claim for breach of this Agreement in any action brought under C.R.C.P. Rule 106 if Developer, its successors and assigns, believes that the failure to include such claim may jeopardize its ability to exercise its remedies with respect to this Agreement at a later date. Any claim for breach of this Agreement brought before the expiration of the applicable cure period set forth in this Section II.D. shall not be prosecuted by Developer, its successors and assigns, until the expiration of such cure period except as set forth in this Agreement, and shall be dismissed 1 Packet Pg. 303 Attachment: Exhibit A (9155 : Northfield Metropolitan District Development Agreement RESO) 8 by Developer, its successors and assigns, if the default is cured in accordance with this Section II.D. 2. Remedies. If any default under this Agreement is not cured as described above, the non-defaulting Party shall have the right to enforce the defaulting Party’s obligation hereunder by an action at law or in equity, including, without limitation, injunction and/or specific performance, and shall be entitled to an award of any damages available at law or in equity. E. Governing Law. This Agreement shall be construed under and governed by the laws of the State of Colorado. F. Integration; Amendment. This Agreement represents the entire agreement between the Parties with respect to the subject matter hereof and there are no oral or collateral agreements or understandings. The Parties agree that this Agreement may be amended only by an instrument in writing signed by the City and the Developer, and successors and permitted assigns of the Developer to whom the Developer has granted in writing the right to consent to any such amendments. Notwithstanding the foregoing, this Agreement shall be in addition to and supplemented by the development agreement entered into by the Developer with the City for the Property under the Development Plan as required in Section 3.3.2.(B) of the City’s Land Use Code. G. Jurisdiction and Venue. The City and the Developer, its successors and assigns, stipulate and agree that in the event of any dispute arising out of this Agreement, the courts of the State of Colorado shall have exclusive jurisdiction over such dispute and venue shall only be proper in Larimer County, Colorado. The Parties hereby submit themselves to jurisdiction of the State District Court, 8th Judicial District, County of Larimer, State of Colorado. H. City Approvals. Where this Agreement requires the City’s future approval or consent, such approval or consent may be given by the City Manager of the City within his or her sole discretion. Where this Agreement requires the City Council’s approval or consent, such approval or consent shall be within the Council’s sole discretion. I. Multiple-Fiscal Year Obligations. To the extent that any of the obligations of the City contained in this Agreement are or should be considered multiple-fiscal year obligations, such obligations shall be subject to annual appropriation by the Fort Collins City Council, in its sole discretion. J. No Joint Venture or Partnership. No form of joint venture or partnership exists between the Developer and the City, and nothing contained in this Agreement shall be construed as making the Developer and the City joint venturers or partners. K. No Third-Party Beneficiaries. Except as otherwise provided in this Agreement, enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the City and the 1 Packet Pg. 304 Attachment: Exhibit A (9155 : Northfield Metropolitan District Development Agreement RESO) 9 Developer, and its successors and assigns, and nothing contained in this Agreement shall give or allow any such claim or right of action by any third party. L. Notices. Any notice or communication required under this Agreement between the City and the Developer, and its successors and assigns, must be in writing and may be given either personally, by registered or certified mail, return receipt requested, by Federal Express or other reliable courier service that guarantees next day delivery or by facsimile transmission (followed by an identical hard copy via registered or certified mail). If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by any other method, a notice shall be deemed to have been given and received on the first to occur of: (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent; or (b) as applicable: (i) three (3) days after a registered or certified letter, return receipt requested, containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail; (ii) the following business day after being sent via Federal Express or other reliable courier service that guarantees next day delivery; or (iii) the following business day after being sent by facsimile transmission (provided that such facsimile transmission is promptly followed by an identical hard copy sent via registered or certified mail, return receipt requested). Any Party hereto may at any time, by giving written notice to the other party hereto as provided in this Section II.L, designate additional persons to whom notices or communications shall be given and designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below: If to City: City of Fort Collins ATTN: City Manager 300 LaPorte Avenue Fort Collins, CO 80521 With a copy to: City of Fort Collins ATTN: City Attorney 300 LaPorte Avenue Fort Collins, CO 80521 If to Developer: Northfield Land, LLC ATTN: Jason Sherrill 6341 N Fairgrounds Ave Windsor, CO 80550 M. Paragraph Captions. The captions of the paragraphs are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 1 Packet Pg. 305 Attachment: Exhibit A (9155 : Northfield Metropolitan District Development Agreement RESO) 10 N. Recordation. The Developer agrees to record this Agreement with the Larimer County Clerk and Recorder immediately after the deed conveying the Property from the Owners to the Developer is recorded with the Larimer County Clerk and Recorder, and the Developer shall pay the cost of the same. O. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force. P. Survival. The covenants, representations and warranties and agreements to be performed or complied with under this Agreement by the Parties shall be continuing obligations of the Parties until fully complied with or performed, respectively. Q. Waiver. No waiver of one or more of the terms of this Agreement shall constitute a waiver of other terms. No waiver of any provision of this Agreement in any instance shall constitute a waiver of such provision in other instances. R. Effective Date and Termination. This Agreement shall not go into full effect unless and until all the following have occurred: (i) the Property has been deeded to the Developer by the Owners, (ii) that deed has been duly recorded with the Larimer County Clerk and Recorder, and (iii) this Agreement has been duly recorded as provided in Section II.N. above. However, if such deed and this Agreement are not so recorded on or before November 19, 2020, this Agreement shall terminate, and the Parties shall be released from all obligations hereunder. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first written above. CITY: CITY OF FORT COLLINS, COLORADO, a Municipal Corporation By: _______________________________ Darin A. Atteberry, City Manager Date: _____________, 2020 ATTEST: ____________________________ Delynn Coldiron, City Clerk 1 Packet Pg. 306 Attachment: Exhibit A (9155 : Northfield Metropolitan District Development Agreement RESO) 11 APPROVED AS TO FORM: _____________________________ John R. Duval, Deputy City Attorney STATE OF COLORADO ) ) ss COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this ______ day of _________, 2020, by Darin A. Atteberry as City Manager of the City of Fort Collins. Witness my hand and official seal. My Commission expires: Notary Public 1 Packet Pg. 307 Attachment: Exhibit A (9155 : Northfield Metropolitan District Development Agreement RESO) 12 DEVELOPER: NORTHFIELD LAND, LLC, a Colorado limited liability company By: _____________________________ Jason Sherrill, Manager Date: _____________, 2020 STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing Agreement was acknowledged before me this ___ day of ___________, 2020, by Jason Sherrill, Manager of Northfield Land, LLC. WITNESS my hand and official seal. _____________________________ Notary Public My commission expires: ______________ 1 Packet Pg. 308 Attachment: Exhibit A (9155 : Northfield Metropolitan District Development Agreement RESO) Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY June 2, 2020 City Council STAFF Beth Rosen, Affordable Housing Program Administrator Ingrid Decker, Legal SUBJECT Public Hearing and Resolution 2020-054 Approving the Programs and Projects that will receive COVID-19 Response and Recovery Funding from the Federal Community Development Block Grant Program. EXECUTIVE SUMMARY THIS ITEM HAS BEEN REVISED. This item meets the following COVID-19 emergency priorities for being on the Council agenda: • Priority 1 - Urgent items specifically related to COVID-19 activities that are critical in nature and must receive Council consideration as soon as possible • Priority 6 - Items that relate to funding, operation and business activities that the City must continue despite the current crisis • Priority 7 - Items that are required to comply with federal or state legal or other requirements. The purpose of this item is to approve the projects and activities recommended for funding from the $649,203 Community Development Block Grant program for COVID-19 response and recovery (CDBG-CV). STAFF RECOMMENDATION Staff recommends adoption of the Resolution. 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. 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, the Department of Housing and Urban Development (HUD) immediately allocated $2 billion based on the fiscal year 2020 CDBG formula. HUD notified the City of Fort Collins on April 2, 2020, of its CARES Act allocation in the amount of $649,203. (Attachment 1) Because of the need to get these funds deployed quickly to meet urgent and critical needs, the City Manager signed Emergency Rules and Regulation No. 2020-16 on May 7, 2020, which was subsequently adopted by Council on May 19, 2020, as Emergency Ordinance No. 073, 2020. (Attachment 2) This allowed staff to develop an internal team to prioritize funding recommendations in coordination with the Agenda Item 14 Item # 14 Page 2 State and Federal Funding workstream. The cross functional team, consisting of representatives from Social Sustainability, Environmental Services, Economic Health and Finance, worked to establish funding priorities that maximized both the City’s financial interests and met the HUD priority of serving low- and moderate- income households to the maximum extent feasible. This coordinated approach resulted in three separate categories of funding priorities, in ranked order: 1. Preserve existing critical services dependent on City tax revenue 2. City emergency shelter response costs (current & anticipated) 3. Nonprofit program applications for direct response funding Once the funding priorities were established, relevant staff worked to identify the funding commitments and anticipated needs for Priorities 1 and 2. Simultaneously, Social Sustainability deployed a CDBG-CV Public Services application soliciting requests from eligible nonprofits for critical services and response costs associated with COVID-19. (Attachment 3) Funding Recommendations by Category Category Recommended Funding % of Total Priority 1: Preserve existing critical services dependent on City tax revenue $154,856.31 24% Priority 2: City response & sheltering costs $230,000 35% Priority 3: Public (Human) Service response $264,346.69 41% Total $649,203 100% PRIORITY 1: PRESERVATION OF EXISTING CRITICAL SERVICES Recognizing the City was facing significant loss of anticipated tax revenue that had been appropriated to Human Service projects for the second half of the HUD Fiscal Year (October 1, 2019 - September 30, 2020), staff identified six projects that had current operations critical to mitigating and preventing the impacts related to COVID-19. To ensure continuity of service, it is recommended the balances remaining due on these contracts be paid using CDBG-CV funds instead of City funds. This cost savings to City revenue will assist with current budget reductions and free up valuable City resources to address other needs. Staff has communicated this approach with all impacted partners and they have been supportive. The following projects are being recommended for Priority 1 Funding: Priority 1: FY19 Human Service Projects Recommended Amount Crossroads Safehouse: Domestic Violence Programming $20,990.99 Homeward Alliance: One Village One Family Program $25,750 Homeward Alliance: Homeless Support Services at the Murphy Center $23,500 Meals on Wheels: Meal Delivery Program $14,342.43 Neighbor to Neighbor: Homeless Prevention Program $58,896.37 Volunteers of America: Meal Delivery Program $11,376.52 Total Recommended $154,856.31 PRIORITY 2: CITY RESPONSE AND SHELTERING COSTS Since the declaration of local emergency on March 13, 2020, the City has had an active role in coordinating emergency response and shelter plans for Persons Experiencing Homelessness (PEH). The Services Agreement with Catholic Charities and United Way of Larimer County to provide Seasonal Overflow Shelter at Agenda Item 14 Item # 14 Page 3 Community of Christ Church has been expanded and extended through May 31, 2020, to support physical distancing and shelter needs during this pandemic. Because PEH will continue to be at risk of infection and poor health outcomes during any future spikes in community spread of the virus, it is important to plan for future homeless response efforts that would provide overflow sites to accommodate higher shelter demand and shelter decompression. The existing shelter capacity could be reduced by as much as 50% due to physical distancing measures and additional health protocols. This recommendation will reimburse the current expenses incurred for additional overflow response to date, while setting aside the estimated funds required to meet future needs, which could include temporary shelter facilities, operations, and services. Priority 2: City Response Costs Recommended Amount Community of Christ: Partnership to provide overflow and emergency shelter through May 31, 2020 $30,000 On-going coordinated response costs to protect persons experiencing homelessness $200,000 Total Recommended $230,000 PRIORITY 3: PUBLIC SERVICE RESPONSE COSTS After confirming the resources needed to meet the first two priorities, a balance of $264,346 was available to allocate to our human service partners using the following the criteria: 1. Proposed project met the HUD definition of Public Service at 24 CFR 570.201(e) 2. Proposed project met a priority COVID response need: a. New or expanded services in direct response to COVID-19 b. Increased costs of services to protect at-risk persons and prevent spread of the virus 3. Applicant has the capacity and experience needed to comply with the administrative, recordkeeping and reporting requirements of carrying out activities with federal funds Equity Considerations Once projects were ranked in priority with initial allocation recommendations, they were reviewed by the Rapid Response Team using the Just in Time Equity Tool (Attachment 4). Based on evaluation criteria, the Rapid Response Team supports the prioritization of grantees, as those organizations demonstrate a proven track record of successfully serving communities of color, both pre- and during the COVID-19 pandemic. The team expressed confidence these nonprofits will continue to effectively serve clientele of color during response and recovery phases, thereby helping reduce impacts related not only to the virus, but also the social and economic impacts resulting from it. Notably, one organization helping with rent assistance, Neighbor to Neighbor, will be able to use these federal dollars to serve clients who maintain lawful presence, therefore protecting other funding sources that can be allocated to help clients who do not maintain lawful presence. This helps advance equity for those residents who identify as undocumented and are therefore at a unique risk for experiencing outsized disparate impacts related to housing stability and security. Agenda Item 14 Item # 14 Page 4 Recommended Projects Priority 3: Organization - Project Funding Request Staff Recommended Funding Percentage of Available Funds Neighbor to Neighbor: Homeless Prevention Program (rent assistance) $427,457 $168,218.69 64% Homeward Alliance: NACC Shelter Staff $31,000 $31,000 12% Catholic Charities: Mission Shelter Staff $50,000 $50,000 19% Meals on Wheels: Home delivered meals to at- risk elderly & disabled $15,128 $15,128 5% Total Recommended $264,346.69 100% The following applications did not receive funding recommendations because they were a duplication of other services, did not meet the eligibility criteria, or did not align with the priority and urgent need criteria: Organization - Project Amount Requested Funding Recommendation Colorado Health Network: Hotel Vouchers, Rent & Down- payment Assistance $200,000 $0 Boys & Girls Club: Summer Camp $20,000 $0 Easter Seals: WINGS Center Support Service Staff $16,530 $0 The Family Center/La Familia: Families to Go Program $10,000 $0 Salvation Army: Rent & Utility Assistance $20,000 $0 Foco Café: Home Delivered Meals $10,000 $0 Foothills Unitarian Church: Food Pantry and Building operations $13,500 $0 New Eyes Village: 7th Generation Pilgrimage $50,000 $0 SAVA: Program Service fees $20,000 $0 A Little Help: Direct Services for Older Adults $12,000 $0 Crossroads Safehouse: Public Facility Renovation $15,108 $0 Family Housing Network: Public Facility Renovation $84,296 $0 United Way: 211 Call Center Operations $10,000 $0 CITY FINANCIAL IMPACTS The City’s total CDBG allocation for FY19 will increase 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. As stated in Priority 1 recommended funding above, the City will save $154,856 in planned contributions to our nonprofit partners. By moving these funds to CDBG-CV funds, the City will still maintain the full amount of our contracted and service levels with our partners. BOARD / COMMISSION RECOMMENDATION The CDBG Commission was consulted regarding this recommended approach on May 4, 2020 and expressed no concerns. PUBLIC OUTREACH A public notice of funding availability, in English and Spanish, was published in the Coloradoan and posted on the City’s Social Sustainability website. An email blast announcing the application and guidelines was sent to all current and past nonprofit applicants and funding recipients. The proposed recommendations were also Agenda Item 14 Item # 14 Page 5 published on the City’s Social Sustainability website and via Public Notice in the Coloradoan on May 25, 2020, per the HUD required minimum public review period for emergency funding as outlined in the Citizen Participation Plan. ATTACHMENTS 1. HUD CDBG-CV Award Letter (PDF) 2. Emergency Ordinance No. 73, 2020 (PDF) 3. CDBG-CV Application (PDF) 4. CDBG CV Just in Time Equity Lens Assessment (PDF) 5. Powerpoint Presentation (PDF) 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 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 1$5 ( )") " 67* (0$%,(" ++ ! ) 2& !*! +" # ! " ,. " # < A :$ %7! :# ! 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Proposal, Results, and Outcomes Questions Determine the major proposal of your project. What areas of the community will this impact and how? (i.e. housing, health, jobs, economic development, etc) What are the outcomes for the organization and your department? (should be able to answer: how much did you do, how well did you do it, and is anyone better off) Your Responses To protect the most vulnerable in our community who are at risk from COVID- 19 and to prevent persons from becoming homeless as a result of COVID- 19. Housing and Human Services From a racial equity perspective, the organizations prioritized demonstrate a proven track record of successfully serving communities of color, both pre and during the Covid pandemic. Organizations can increase dollars for services supporting people of color by using these funds. In addition, Neighbor to Neighbor will be able to use these federal dollars to serve other clients, therefore protecting other funding sources that can be allocated to help clients who identify undocumented. What about data? • Do you have existing data on who you are serving and how that could benefit the racial equity of your project? o Known health disparities with COVID-19: This report estimates the potential hospitalization, ICU use and mortality rates associated with COVID-19 infection among the homeless population in the United States, as well as unmet need for emergency and observational/quarantine beds/units. Results project that homeless individuals infected by COVID-19 would be twice as likely to be hospitalized, two to four times as likely to require critical care, and two to three times as likely to die than the general population. https://works.bepress.com/dennis_culhane/237/?mc_cid=ad1b3e3234 &mc_eid=7847c2f8d7 “Black and Latinx people are not only becoming infected at higher rates, they populations of interest. Specifically, what engagement techniques do they utilize and how do they measure how well they are reaching segments of the population that are most in need as well as how well are they reaching people of certain races. o Future efforts could also examine to what level organizations apply an equity lens to their work. How do (and should) we engage during this time? • What engagement platforms could you utilize for engagement? Would some methods/tools work better than others? o Engagement platforms used to notify agencies of grant opportunity included: Public notice in the paper in English and Spanish Posted on the City's website Emails to current grantees and past applications Who is going to benefit or be burdened by your project? • What are some unintended consequences that could come from your project? How can your project be modified to enhance positive impacts and reduce negative impacts? o Decision criteria considered immediate response and recovery for individuals in the community most likely to be negatively impacted by COVID-19 versus future needs. Additional funding may need to be secured to meet the potential increased needs of organizations in the future. o The CARES Act funding can only be used by the organizations to assist community members that have legal status. Recipient organization will need to utilize other funding sources to support undocumented members of the community. • Does your project align with other initiatives at the city? Utilizing existing knowledge of racial equity can increase the success of leading with race in your project, and can create opportunities in other areas. o Worked with the Equity Rapid Response Team to evaluate the decisions Impact Questions What are some unintended consequences – especially to communities of color -- that could come from your project? Who will disproportionately benefit or be burdened by the outcomes and results of this project? Why/how? How can you adapt to enhance positive impacts and decrease negative impacts, especially to communities of color? Will these adaptations create other unintended impacts? Your Responses Only people with lawful presence are eligible to receive assistance from the CARES Act funds. Working with the organizations, the City can determine if the organizations that are receiving CARES Act funds have other funding sources that could be used to assist undocumented community members. June 2, 2020 Funding Recommendations – CDBG COVID Response Beth Rosen, Social Sustainability Department ATTACHMENT 5 Department of Housing & Urban Development (HUD) CDBG COVID Response Funds All activities must meet CDBG – Eligibility requirements 2 CARES Act – CDBG Funding Allocation $649,203 Funding Parameters: • COVID Response and Recovery • Must benefit low-moderate income persons to maximum extent feasible • Eligible response costs as of 3/13/2020 Identified Priorities Funding Priorities All activities must meet CDBG – Eligibility requirements 3 Priority 3: Nonprofit New/expanded services Priority 2: City response costs Priority 1: Protecting Existing Services $264,347 New Grant funds to nonprofit agencies • Direct response costs • Protecting vulnerable populations $230,000 Emergency Shelter • Seasonal Overflow • Other identified priorities $154,856 Replace General Fund $ allocated to existing Human Service Contracts • HSP/KFCG Protects service levels from budget reductions Resource Allocation Goals: Protect at-risk populations from risk/exposure: • Persons Experiencing Homelessness • Seniors and homebound adults Mitigate Impacts: • Prevent Homelessness 4 Homeless Response Rent Assistance 55% 35% Meal Delivery 7% Domestic Violence 3% Persons Served Estimated 1,965 Persons Served: • Persons Experiencing Homelessness • Emergency Rent Assistance* • Victims of Domestic Violence • Seniors and homebound adults *2.5 persons per household 5 1050 565 200 150 0 200 400 600 800 1000 1200 HOMELESS RENT ASSISTANCE DOMESTIC VIOLENCE HOMEBOUND ADULTS -1- RESOLUTION 2020-054 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE PROGRAMS AND PROJECTS THAT WILL RECEIVE COVID-19 RESPONSE AND RECOVERY FUNDING FROM THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the Community Development Block Grant (“CDBG”) Program is an ongoing grant administration program funded by the federal Department of Housing and Urban Development (“HUD”); and WHEREAS, the City has received CDBG Program funds since 1975; and WHEREAS, On March 27, 2020, the federal Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed in to law, making available $5 billion in Community Development Block Grant Coronavirus (“CDBG-CV”) funds; and WHEREAS, of this amount, HUD immediately allocated $2 billion based on the fiscal year 2020 CDBG formula, and on April 2, 2020, HUD notified the City it would receive a CARES Act allocation of $649,203; and WHEREAS, on May 7, 2020, the City Manager signed Emergency Rules and Regulations No. 2020-16 allowing City staff to develop an internal team to prioritize recommendations for use of these funds, which was subsequently confirmed by the City Council on May 19, 2020, by adoption of Emergency Ordinance No. 073, 2020; and WHEREAS, the City team developed three separate categories of funding priorities, in ranked order: Category Recommended Funding % of Total Priority 1: Preserve existing critical services dependent on City tax revenue $154,856.31 24% Priority 2: City emergency response and sheltering costs $230,000 35% Priority 3: Nonprofit program applications for public (human) service response $264,346.69 41% Total $649,203 100% WHEREAS, City staff then deployed a CDBG-CV Public Services application soliciting requests from eligible nonprofits for critical services and response costs associated with COVID- 19; and WHEREAS, the CDBG Commission was consulted regarding this approach and expressed no concerns; and WHEREAS, City staff has identified five nonprofit agencies already receiving City funding for human services projects that are critical to mitigating and preventing the impacts of -2- COVID-19, and is recommending that the balances on these funding agreements be paid with Priority 1 CDBG-CV funds instead of City funds, due to the anticipated shortfall in sales tax revenue in 2020; and WHEREAS, the following projects are being recommended for this Priority 1 funding: Priority 1: FY19 Human Service Projects: Recommended Amount: Crossroads Safehouse: Domestic Violence Programming $20,990.99 Homeward Alliance: One Village One Family Program $25,750 Homeward Alliance: Homeless Support Services at the Murphy Center $23,500 Meals on Wheels: Meal Delivery Program $14,342.43 Neighbor to Neighbor: Homeless Prevention Program $58,896.37 Volunteers of America: Meal Delivery Program $11,376.52 Total Recommended: $154,856.31 ; and WHEREAS, for Priority 2 funding, City staff is recommending the City designate the following amounts to be spent on emergency response and shelter plans for persons experiencing homelessness: Priority 2: City Response Costs Recommended Amount Community of Christ: Partnership to provide overflow and emergency shelter through May 31, 2020 $30,000 On-going coordinated response costs to protect persons experiencing homelessness $200,000 Total Recommended $230,000 ; and WHEREAS, for Priority 3, the City team reviewed applications from nonprofit agencies and developed the following funding recommendations: Priority 3: Organization - Project Funding Request Staff Recommended Funding Percentage of Available Funds Neighbor to Neighbor: Homeless Prevention Program (rent assistance) $427,457 $168,218.69 64% Homeward Alliance: NACC Shelter Staff $31,000 $31,000 12% Catholic Charities: Mission Shelter Staff $50,000 $50,000 19% Meals on Wheels: Home delivered meals to at-risk elderly & disabled $15,128 $15,128 5% Total Recommended $264,346.69 100% -3- ; and WHEREAS, the proposed recommendations were published on the Social Sustainability page of the City’s website and via Public Notice in the Coloradoan on May 25, 2020, per the HUD required minimum public review period for emergency funding as outlined in the Council- approved Citizen Participation Plan; and WHEREAS, the City Council has considered these recommendations and has determined that the City’s CDBG-CV allocation should be used to fund the projects and programs set forth above. 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 City staff is hereby authorized to use the City’s CDBG-CV funding allocation to fund the programs and projects described in this Resolution. Section 3. That, subject to the appropriation of funds by the City Council, the City Manager is hereby authorized to execute any agreements or amendments to existing agreements necessary to implement the funding allocations described herein on terms and conditions consistent with this Resolution, along with such additional terms and conditions as the City Manager, in consultation with the City Attorney, deems necessary or appropriate to protect the interests of the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd day of June, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY June 2, 2020 City Council STAFF Lisa Rosintoski, Utilities Deputy Director, Customer Connections Cyril Vidergar, Legal SUBJECT First Reading of Ordinance No. 076, 2020, Appropriating Prior Year Reserves in the Light and Power Fund, the Water Fund, the Wastewater Fund, and the Stormwater Fund, and Authorizing the Transfer of Previously Appropriated Funds in the Broadband Fund for the Utilities Customer Information and Billing System Project. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priorities for being on the Council agenda: • Priority 6 - Items that relate to funding, operation and business activities that the City must continue despite of the current crisis The purpose of this item is to appropriate an additional $950,000 to purchase a Customer Information System with an Operational Support System (CIS/OSS) for electric, water, wastewater, stormwater and broadband billing services, replacing the legacy billing system. The CIS/OSS is the billing system that will collect revenues for utility and broadband services, serving as the accounting ledger for Utilities revenue, which currently generates over $212 million in annual total revenue through an average of 84,400 monthly utility bills and service requests for residential and commercial customers. The City signed a Master Professional Services Agreement (MPSA) and Software License Agreement with Open International LLC (Open) in August 2018 to implement Open SmartFlex (OSF). The CIS/OSS will be the system interface customers rely on for accurate utility billing that includes a robust customer self-service web- portal interface for utility and broadband services that will assist customers towards understanding utility usage and costs in order to make energy and water conservation/efficiency investments, as well as Connexion product offerings. The project was scheduled into two phases. Phase I implementation focused on functionality to support Connexion, and Phase II implementation focused on functionality supporting our existing four Utilities. Multiple factors have led to the extension of Utilities Go-Live from June 2020 to QIV 2020, and the additional cost of $3.3 million in order to complete the project. Therefore, Open and City of Fort Collins Utilities negotiated a cost-share distribution of the $3.3 million, recognizing the partnership and long-term relationship needed for OSF as follows: • City of Fort Collins Utilities incurs 55%, for a total of $1.7 million. • Open incurs 45%, for a total of $1.4 million. • City of Fort Collins Utilities reimburses additional contingency/living expenses, estimated up to $200,000. Our existing four Utilities and Connexion will split the City of Fort Collins Utilities share ($1.9 million), thus totaling $950,000 each for Connexion and the four utilities. Connexion has appropriated funding within the Connexion project. This funding request will be shared across the four utilities. Staff recognizes there is a potential for future risks, primarily related to employee turnover and illness, due to the pandemic environment that continues into the foreseeable future. As such, there is a degree of risk to 15 Packet Pg. 337 Agenda Item 15 Item # 15 Page 2 meeting the fourth quarter Utilities Go-Live date. Therefore, staff is working with the vendor to develop mitigating actions that will minimize vendor resource costs on the project in order to eliminate and/or reduce those costs if there needs to be an extension of the project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Fort Collins Utilities has historically used a system from the vendor Banner, which is now Hanson. This legacy system is over 20 years old, with “home-grown” integrations, and is currently hosted by Platte River Power Authority. Utilities began the process of selecting a replacement system in the 2017/2018 BFO process, appropriating just under $3M in 2018 with anticipation of appropriating another $7M, in the 2019/2020 BFO. As the City finalized plans for a municipal broadband service offering, this effort was expanded to identify a system that would support all five utilities. The City of Fort Collins Utilities signed a Master Professional Services Agreement (MPSA) and Software License Agreement with Open International LLC (Open) in August 2018 to implement Open SmartFlex (OSF). The CIS/OSS will be the system interface customers rely on for accurate utility and broadband billing that includes a robust customer self-service web-portal interface for utility and broadband services that will assist customers towards understanding utility usage and costs in order to make energy and water conservation/efficiency investments, as well as FC Connexion product offerings. Initially in 2018, functional and technical resources were divided in parallel paths to complete work on OSF implementation for both broadband and utilities. The original project timeline put the FC Connexion go-live date in June 2019 and the other four utilities going live in October 2019. However, it was determined in March 2019 that all Utilities resources needed to be focused on broadband to meet an August 30, 2019 go-live date, which simultaneously pushed back the Utilities go-live date to around June 2020. Several factors subsequently led to the project taking longer and costing more than originally anticipated, including the following: 1. Aggressive Timeline - The Open contract timeline had FC Connexion going live August 2019 followed by Utilities three months later. Time to mobilize the team and the complexity of configuring a system for a business that was new and undefined made the 12-month plan unrealistic in hindsight. 2. Project Management & Resources - Initial project management was insufficient with several turnovers of the City’s Project Manager during the last 6 months, and Open’s Project Manager in October 2019. IN addition, critical skilled staff turnover within City IT and Utilities Customer Connections has occurred over the past 18 months 3. Maturity of Connexion Business Model - Related to the aggressive timeline, new processes and products plus the decision to add video to the product offering required significant time and rework as the processes and product configuration were developed. 4. Software was less mature than anticipated to meet the needs of the North American marketplace. - After 20 years of the City operating on the Banner system with dozens of home-grown system developments, additional time was needed by Open to fully engineer and develop the functionality needed by Utilities. On August 30, 2019, residential Broadband internet and phone services were launched. However, Utilities and FC Connexion resources needed further configuration and testing across the remaining FC Connexion product offerings, thus, project resources continued to be focused on the FC Connexion production environment within the CIS/OSF project for several months. Utilities formally re-launched the Utilities phase of the billing system project on September 24, 2019. Resources from Utilities were not generally available until December 2019, following significant transitions in 15 Packet Pg. 338 Agenda Item 15 Item # 15 Page 3 project management both on the Utilities side and the Open side, including replacement of the Open Project Manager. In December 2019, the Utilities Project Manager transitioned to an external contractor, Vanir. The Utilities Project Manager performed a thorough analysis with the Open Project Manager regarding costs Open itemized, and the project plan for an extended Utilities Go-Live date. The analysis determined the optimal Utilities Go-Live date could be achieved in early fourth quarter of 2020 with additional resources. Alternatives to additional funding are limited and unattractive. Without additional funding the project cannot be completed as designed and Utilities may be left with a non-functioning billing system. Both Open and the City share responsibility for the issues driving the added cost. Accordingly, staff negotiated a cost split of 55% for the City and 45% for Open, which equitably reflects each party’s commitment to the success of the new Utilities billing system in support of all five utility services. CITY FINANCIAL IMPACTS This Ordinance will appropriate $950,000 from Utility Enterprise Reserves for the completion of the new billing system implementation. In addition to these funds, the amount of $950,000 will be transferred from unexpended FC Connexion appropriations to increase the project budget by $1,900,000, bringing the total contribution from FC Connexion to $1,899,000. The total expected cost of this investment is $11,446,001. The following is a summary of the project funding: These additional appropriations from the available reserves in each of these Enterprise Funds is not expected to delay any significant capital work to the extent that there will be an impact to the level of service being provided to the community. PUBLIC OUTREACH Utilities regularly captures customer preferences for utility bill enhancements, as well as additional service features both on the utility bill, web-portal, and on-line. Customer feedback is captured through telephone interactions, electronic mail, and in-person at the customer service counter. Themes on the feedback include near real-time payment application, easy access and visual display of use, and useful bill data. The annual statistically valid customer satisfaction survey recognizes the importance the billing system and online services provide towards exceptional customer service. Below are the 2018 ratings, to which the target is 80%, for both residential and commercial customers. 15 Packet Pg. 339 Agenda Item 15 Item # 15 Page 4 Fort Collins Utilities customers were asked to rate performance on each of the following: • “Information and tools provided to help you manage your use and costs.” Satisfaction ratings were 66% for residential and 69% for commercial. • “Technology tools, similar to those used by banks, cell phone or cable companies.” Satisfaction ratings were 62% for residential and 77% for commercial. • “Convenience of bill payment options, including in-person locations and online.” Satisfaction ratings were 89% for residential and 90% for commercial. • “Online security provided to protect your personal and financial data.” Satisfaction ratings were 81% for residential and 88% for commercial. ATTACHMENTS 1. PowerPoint Presentation (PDF) 15 Packet Pg. 340 11 Utilities Customer Information/ Operational Support Billing Systems ATTACHMENT 1 15.1 Packet Pg. 341 Attachment: PowerPoint Presentation (9151 : Utilities Customer Information Billing System) 2 2 Strategic Alignment • Ensuring predictable rates • Deploy and deliver high-speed internet services Customer Information / Operational Support Billing Systems • Enhance service delivery through technology • Drive reliability, costs, efficiency and customer experience • World-class municipal services Economic Health High-Performing Government 15.1 Packet Pg. 342 Attachment: PowerPoint Presentation (9151 : Utilities Customer Information Billing System) Why A New Billing System? 3 Current system: ~20 years old, uses “home- grown” integrations. 11 Customers asking for features not possible with legacy system. Best practice to have one system manage five utilities. Connexion requires functionality current system can’t support. TOTAL COST $9.6M TOTAL COST $9.6M 22 33 44 15.1 Packet Pg. 343 Attachment: PowerPoint Presentation (9151 : Utilities Customer Information Billing System) 4 Original Timeline Vendor / City Team Launched Training / Testing 2018 Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2019 Data Migration / Integration / Configuration Integration / Configuration Training / Testing Broadband Utilities Go Live / Stabilization Go Live / Stabilization 15.1 Packet Pg. 344 Attachment: PowerPoint Presentation (9151 : Utilities Customer Information Billing System) 5 Project Schedule Impacts Risk Aggressive Timeline Given Project Complexity • Under-estimated time to ramp up and manage two diverse project teams • Under-estimated learning and training time to manage configuration of new system Project Management Not Initially Effective • Vendor project manager turnover October 2019 • City project manager turnover December 2019 and March 2020 15.1 Packet Pg. 345 Attachment: PowerPoint Presentation (9151 : Utilities Customer Information Billing System) 6 Project Schedule Impacts Risk Maturity of Connexion Business Model • New business with new processes and products to be defined. Addition of video product offering. • Significant rework as things were defined and changed. • Aligning broadband regulatory requirements as part of billing system in compliance with legal. Software was less mature than anticipated and required for North American marketplace 15.1 Packet Pg. 346 Attachment: PowerPoint Presentation (9151 : Utilities Customer Information Billing System) 7 Revised Timeline & Cost Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Broadband limited products launched 2020 Utilities Go-live Utilities configuration / integration / migration & stabilization BB go-live stabilization 2019 Broadband production environment – additional product offerings • Broadband live August 2019 – significant resource focus in 2019, delaying Utilities efforts. • Additional work required after August on functionality. • Utilities go-live Oct. 5, 2020. • Additional 13 months and overall cost impact of $3.1M plus $0.2M contingency / living expenses. 15.1 Packet Pg. 347 Attachment: PowerPoint Presentation (9151 : Utilities Customer Information Billing System) 8 Revised Cost Impacts Total Project Impact: $3.3M Cost Share Agreement • Fort Collins Utilities: 55% ($1.7M) •Open: 45% ($1.4M) •City funds additional contingency / living expenses: up to $200,000 Internal Cost Share Connexion / Utilities split (50/50) $ 15.1 Packet Pg. 348 Attachment: PowerPoint Presentation (9151 : Utilities Customer Information Billing System) 9 Uncertainty Risk Resources • Employee turnover • Pandemic impacts 15.1 Packet Pg. 349 Attachment: PowerPoint Presentation (9151 : Utilities Customer Information Billing System) 10 Recommendation Staff recommends approval of Utilities additional appropriation of $950,000. Broadband has appropriation coverage for their portion. 15.1 Packet Pg. 350 Attachment: PowerPoint Presentation (9151 : Utilities Customer Information Billing System) -1- ORDINANCE NO. 076, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE LIGHT AND POWER FUND, THE WATER FUND, THE WASTEWATER FUND, AND THE STORMWATER FUND, AND AUTHORIZING THE TRANSFER OF PREVIOUSLY APPROPRIATED FUNDS IN THE BROADBAND FUND FOR THE UTILITIES CUSTOMER INFORMATION AND BILLING SYSTEM PROJECT WHEREAS, in August 2018, the City of Fort Collins signed a Master Professional Services Agreement (MPSA) and Software License Agreement with Open International LLC (“Open”) to develop and implement the Open SmartFlex (OSF) integrated utility customer billing software system and web portal (“CIS/OSF project”); and WHEREAS, contemporaneous with Open’s development, the City began building a city- wide broadband utility system to deliver high-speed data, video, and telecommunication services, as previously approved by City voters in general elections; and WHEREAS, in late 2019, the City began offering city-wide broadband utility services, branded as “Fort Collins Connexion”, and agreed with Open to adjust CIS/OSF project delivery requirements to accommodate the functionality needed for Fort Collins Connexion services and other unanticipated project requirements; and WHEREAS, thereafter, the City and Open documented the adjusted CIS/OSF project requirements and schedule in a change order to the MPSA, including updating contract pricing and extending the final CIS/OSF project go-live date from June 2020 to October 2020 (the “Change Order”); and WHEREAS, the City and Open agreed to divide the CIS/OSF project costs described in the Change Order, totaling $3,300,000, 55% and 45%, respectively; and WHEREAS, Utility Services staff recommends allocation of the City’s portion of the Change Order costs among the benefited utility enterprises, including appropriating the amount of $950,000 from prior year reserves in the Light & Power Fund, Water Fund, Wastewater Fund, and Stormwater Fund, as applicable, for expenditure from the Utilities Customer Information & Billing System capital project fund; and WHEREAS, the City Manager recommends the appropriation described herein and determines that this appropriation is available and previously unappropriated from the Light & Power Fund, Water Fund, Wastewater Fund, and Stormwater Fund, as applicable, and will not cause the total amount appropriated in the Light & Power Fund, Water Fund, Wastewater Fund, or Stormwater Fund, as applicable, to exceed the current estimate of actual and anticipated revenues to be received in these funds during this fiscal year; and WHEREAS, the City Manager further recommends the transfer of $950,000 from the Fort Collins Connexion Fiber Feeder & Distribution Network capital account to the Utilities Customer Information & Billing System capital project, with the purpose for which the transferred funds are to be expended remaining unchanged; and Packet Pg. 351 -2- WHEREAS, Article V, Section 9 of the City Charter 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, Article V, Section 10 of the City Charter 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 proposed appropriation and transfer benefit the public’s health, safety and welfare and serve utility rate payers by providing funding to timely complete integrated billing system enhancements designed to automate billing processes, simplify customer bills, and thereby increase collections and reduce billing operation expenses for all utility rate payers. 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 Light & Power Fund the sum of THREE HUNDRED SIXTY-SIX THOUSAND TWO HUNDRED SIXTY-FIVE DOLLARS ($366,265) for expenditure from the Light & Power Fund for the Utilities Customer Information & Billing System project. Section 3. That there is hereby appropriated from prior year reserves in the Water Fund the sum of TWO HUNDRED FORTY-SIX THOUSAND EIGHTY-FOUR DOLLARS ($246,084) for expenditure from the Water Fund for the Utilities Customer Information & Billing System project. Section 4. That there is hereby appropriated from prior year reserves in the Wastewater Fund the sum of ONE HUNDRED SEVENTY-SEVEN THOUSAND FOUR HUNDRED TEN DOLLARS ($177,410) for expenditure from the Wastewater Fund for the Utilities Customer Information & Billing System project. Section 5 That there is hereby appropriated from prior year reserves in the Stormwater Fund the sum of ONE HUNDRED SIXTY THOUSAND TWO HUNDRED FORTY-ONE DOLLARS ($160,241) for expenditure from the Stormwater Fund for the Utilities Customer Information & Billing System project. Section 6. That the unexpended and unencumbered appropriated amount of NINE HUNDRED FIFTY THOUSAND DOLLARS ($950,000) is hereby authorized for transfer from Packet Pg. 352 -3- the Fiber Feeder & Distribution Network capital account to the Utilities Customer Information & Billing System capital project. Introduced, considered favorably on first reading, and ordered published this 2nd day of June, A.D. 2020, and to be presented for final passage on the 16th day of June, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of June, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 353 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY June 2, 2020 City Council STAFF Beth Sowder, Director of Social Sustainability Jackie Kozak-Thiel, Chief Sustainability Officer Kelly DiMartino, Deputy City Manager SUBJECT Northside Aztlan Community Center Options - Consideration of a motion giving direction concerning continued use of the Northside Aztlan Center as a homeless shelter during the COVID-19 Local Emergency. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priority for being on the Council agenda: • Priority 1 - Urgent items specifically related to COVID-19 activities that are critical in nature and must receive Council consideration as soon as possible. • Priority 6 - Items that relate to funding, operation and business activities that the City must continue despite the current crisis. The purpose of this item is to provide Council with detailed information about the temporary homeless shelter services being provided at Northside Aztlan Community Center (NACC), plan for exit from NACC, childcare, summer camp, and other recreational programming plans and impacts, and analysis of potential options so that Council can provide direction regarding steps to move forward. BACKGROUND / DISCUSSION At the May 26, 2020 Council meeting, Council directed staff to provide additional information and options so Council can guide decisions regarding the transition of the use of NACC from temporary homeless shelter to childcare, summer camp, and regular intended recreational programming for the community. Council acknowledged the tensions of competing priorities and the need for clear Council direction as we approach the end of the latest Facility Use Agreement extension (which is set to expire on June 19, 2020) and the urgency of setting the summer camp schedule and plan for impacted families. An advanced, detailed memo will be sent to Council on Monday, June 1, 2020 outlining potential options for consideration including impacts and other notes. These options* will include at least the following: • Option 1: Continue with plan to exit NACC on June 19 and return FunQuest summer camp in mid-July • Option 2: Extend NACC until August and FunQuest would end early • Option 3: Extend NACC indefinitely, cancel FunQuest and other regular programming *For any of the options, if an alternative site is found for shelter services or childcare, then the services will move to that location. The memo will provide additional important information including: • Overview of NACC as Recreation Center • Overview of NACC as Temporary Homeless Shelter 16 Packet Pg. 354 Agenda Item 16 Item # 16 Page 2 • Budget Impacts and Analysis • Community Needs and Values Considerations including: o Childcare o Homelessness o Public Health o Opening of gyms o Public Safety • Other Options Pursued and Outcomes • Exploring Non-congregate Shelter • Next Steps CITY FINANCIAL IMPACTS Financial impacts will exist no matter which option is selected. The most significant financial impacts would occur if temporary homeless shelter use at NACC is extended. 16 Packet Pg. 355 are dying at a higher rate than other demographic groups.” https://www.raceforward.org/press/statements/race- forward%E2%80%99s-statement-disproportionate-covid-19-cases-and-deaths- black-and Are there gaps in your data that tell you anything about who/what you are missing? o When deciding which organizations to fund, one consideration for which there wasn’t adequate data was at what level each organization engages with specific marginalized ATTACHMENT 4 **** ,** ******************** & '( )) #* 4> + 7 - , . 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"'*" 7*'*$ "( # "$$ #!$$($("$%$*(+&1'-!+ ) `)*(+"+#+"(!) * 0_ 2 ! 9 '*!&' !X&(&)- $)*2!!-$('*/)(/+2!+ !/ !"+((-'! $0%+() _"")( #) *+0 !&&!"))$!%1$' !(-! ! !$$(&&&)(**+*!2!1 "''&(*(&+ !+*( ^ "0"+$ "*$*&(()*)$' *% #!$&*1 &(% ") 3- $ $(+(*!!) ' !'!1$//-("1* "$(- "'" #)!&4"1!) $*2&!/")!-2$(($( $&'* !2*#/!( $% ATTACHMENT 2 06/01/2055 134,600 134,600 12/01/2055 910,000 4.000% 134,600 1,044,600 1,179,200 06/01/2056 116,400 116,400 12/01/2056 1,015,000 4.000% 116,400 1,131,400 1,247,800 06/01/2057 96,100 96,100 12/01/2057 1,060,000 4.000% 96,100 1,156,100 1,252,200 06/01/2058 74,900 74,900 12/01/2058 1,175,000 4.000% 74,900 1,249,900 1,324,800 06/01/2059 51,400 51,400 12/01/2059 1,220,000 4.000% 51,400 1,271,400 1,322,800 06/01/2060 27,000 27,000 12/01/2060 1,350,000 4.000% 27,000 1,377,000 1,404,000 14,870,000 13,214,800 28,084,800 28,084,800 15 13.1 Packet Pg. 234 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 12/01/2045 605,000 5.000% 138,875 743,875 882,750 06/01/2046 123,750 123,750 12/01/2046 685,000 5.000% 123,750 808,750 932,500 06/01/2047 106,625 106,625 12/01/2047 720,000 5.000% 106,625 826,625 933,250 06/01/2048 88,625 88,625 12/01/2048 815,000 5.000% 88,625 903,625 992,250 06/01/2049 68,250 68,250 12/01/2049 855,000 5.000% 68,250 923,250 991,500 06/01/2050 46,875 46,875 12/01/2050 1,875,000 5.000% 46,875 1,921,875 1,968,750 10,020,000 12,021,750 22,041,750 22,041,750 10 13.1 Packet Pg. 229 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 4/25/2019 C NMD Fin Plan 19 Abs Prepared by D.A. Davidson & Co. 7 13.1 Packet Pg. 226 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) Packet Pg. 225 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 12,579,568 10.000 123,280 120,814 244,094 50.000 13,334,342 10.000 130,677 128,063 258,740 50.000 13,334,342 10.000 130,677 128,063 258,740 50.000 14,134,403 10.000 138,517 135,747 274,264 50.000 14,134,403 10.000 138,517 135,747 274,264 50.000 14,982,467 10.000 146,828 143,892 290,720 50.000 14,982,467 10.000 146,828 143,892 290,720 50.000 15,881,415 10.000 155,638 152,525 308,163 50.000 15,881,415 10.000 155,638 152,525 308,163 50.000 16,834,300 10.000 164,976 161,677 326,653 50.000 16,834,300 10.000 164,976 161,677 326,653 50.000 17,844,358 10.000 174,875 171,377 346,252 50.000 17,844,358 10.000 174,875 171,377 346,252 50.000 18,915,019 10.000 185,367 181,660 367,027 50.000 18,915,019 10.000 185,367 181,660 367,027 50.000 20,049,920 10.000 196,489 192,559 389,049 50.000 20,049,920 10.000 196,489 192,559 389,049 50.000 21,252,915 10.000 208,279 204,113 412,392 50.000 21,252,915 10.000 208,279 204,113 412,392 50.000 22,528,090 10.000 220,775 216,360 437,135 50.000 22,528,090 10.000 220,775 216,360 437,135 50.000 23,879,776 10.000 234,022 229,341 463,363 50.000 23,879,776 10.000 234,022 229,341 463,363 50.000 25,312,562 10.000 248,063 243,102 491,165 50.000 25,312,562 10.000 248,063 243,102 491,165 50.000 26,831,316 10.000 262,947 257,688 520,635 50.000 26,831,316 10.000 262,947 257,688 520,635 50.000 28,441,195 10.000 278,724 273,149 551,873 50.000 28,441,195 10.000 278,724 273,149 551,873 50.000 30,147,667 10.000 295,447 289,538 584,985 50.000 30,147,667 10.000 295,447 289,538 584,985 50.000 31,956,527 10.000 313,174 306,910 620,084 50.000 31,956,527 10.000 313,174 306,910 620,084 50.000 33,873,918 10.000 331,964 325,325 657,290 50.000 _______ ________ _______ 7,556,911 7,405,772 14,962,683 4/25/2019 C NMD Fin Plan 19 NR SP Fin Plan+2030 IG Refg Prepared by D.A.Davidson & Co. Draft: For discussion purposes only. 3 13.1 Packet Pg. 222 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 90,570 0 0 90,570 0 103,470 182% 7% 0.0% 0.0% 228,878 0 0 228,878 0 332,348 115% 6% 0.0% 0.0% 361,802 501,000 501,000 (139,198) 0 193,150 93% 6% 72.2% 72.2% 450,046 501,000 501,000 (50,954) 0 142,196 80% 5% 89.8% 89.8% 518,186 516,000 516,000 2,186 0 144,383 80% 5% 100.4% 100.4% 522,706 520,250 520,250 2,456 0 146,839 75% 5% 100.5% 100.5% 554,069 549,250 549,250 4,819 0 151,658 75% 5% 100.9% 100.9% 554,069 551,750 551,750 2,319 0 153,976 70% 5% 100.4% 100.4% 587,313 584,000 $0 584,000 155,000 (151,687) 0 2,289 105% 7% 100.6% 100.6% 587,313 [Ref'd by ser. '30] 545,233 545,233 42,079 0 44,368 99% 7% 107.7% 107.7% 622,551 619,800 619,800 2,751 0 47,120 99% 7% 100.4% 100.4% 622,551 618,800 618,800 3,751 0 50,871 93% 6% 100.6% 100.6% 659,905 657,800 657,800 2,105 0 52,976 93% 6% 100.3% 100.3% 659,905 655,200 655,200 4,705 0 57,680 87% 6% 100.7% 100.7% 699,499 697,600 697,600 1,899 0 59,579 87% 6% 100.3% 100.3% 699,499 698,200 698,200 1,299 0 60,878 81% 6% 100.2% 100.2% 741,469 738,600 738,600 2,869 0 63,747 80% 6% 100.4% 100.4% 741,469 737,200 737,200 4,269 0 68,015 75% 5% 100.6% 100.6% 785,957 785,600 785,600 357 0 68,372 74% 5% 100.0% 100.0% 785,957 781,800 781,800 4,157 0 72,529 68% 5% 100.5% 100.5% 833,114 832,800 832,800 314 0 72,843 67% 5% 100.0% 100.0% 833,114 831,400 831,400 1,714 0 74,558 62% 4% 100.2% 100.2% 883,101 879,600 879,600 3,501 0 78,059 60% 4% 100.4% 100.4% 883,101 880,400 880,400 2,701 0 80,760 55% 4% 100.3% 100.3% 936,087 935,600 935,600 487 0 81,247 53% 4% 100.1% 100.1% 936,087 933,000 933,000 3,087 0 84,334 48% 3% 100.3% 100.3% 992,252 989,800 989,800 2,452 0 86,787 46% 3% 100.2% 100.2% 992,252 988,600 988,600 3,652 0 90,439 41% 3% 100.4% 100.4% 1,051,788 1,046,600 1,046,600 5,188 0 95,627 39% 3% 100.5% 100.5% 1,051,788 1,051,400 1,051,400 388 0 96,015 34% 2% 100.0% 100.0% 1,114,895 1,110,000 1,110,000 4,895 0 100,909 31% 2% 100.4% 100.4% 1,114,895 1,110,200 1,110,200 4,695 0 105,604 27% 2% 100.4% 100.4% 1,181,789 1,179,200 1,179,200 2,589 0 108,193 24% 2% 100.2% 100.2% 1,181,789 1,179,200 1,179,200 2,589 0 110,781 19% 1% 100.2% 100.2% 1,252,696 1,247,800 1,247,800 4,896 0 115,677 16% 1% 100.4% 100.4% 1,252,696 1,252,200 1,252,200 496 0 116,173 12% 1% 100.0% 100.0% 1,327,858 1,324,800 1,324,800 3,058 0 119,231 8% 1% 100.2% 100.2% 1,327,858 1,322,800 1,322,800 5,058 0 124,288 4% 0% 100.4% 100.4% 1,407,529 1,404,000 1,404,000 3,529 127,817 0 0% 0% 100.3% 100.3% _________ _________ _________ _________ _________ _________ _________ 32,041,301 3,723,250 28,035,233 31,758,483 155,000 127,817 127,817 [CApr2519 20nrspC] [CApr2519 30igspC] [*] Estimated balance (tbd). 4/25/2019 C NMD Fin Plan 19 NR SP Fin Plan+2030 IG Refg Prepared by D.A.Davidson & Co. Draft: For discussion purposes only. 2 13.1 Packet Pg. 221 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 1 13.1 Packet Pg. 220 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) Connector Local Street (36' Section) Off-Site Suniga Rd 4-lane Arterial (83' Section) Street Lighting Subtotal Storm Drainage Improvements RCP Storm Sewer Subtotal 6" Waterline 10" Waterline 12" Waterline Utility Borings Raw Water Requirements Subtotal Sanitary Sewer Improvements 8" Sanitary Sewer 10" Sanitary Sewer Existing 18" to 24" Sanitary Sewer Upsize Subtotal 13.1 Packet Pg. 211 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 6" Waterline Earthwork (cut/fill/place) Erosion Control / Traffic Control Roadway Improvements Note: Quantities in this subcategory reflect public portion of site (80.5%) Grading/Miscellaneous Mobilization / General Conditions BASIC PUBLIC IMPROVEMENT COSTS FOR NORTHFIELD METRO DISTRICT NOS. 1-3 The units and cost below are best assumptions based on the level of information available at this time in design. Street section in reference to LCUASS Connector Local street section, and pavement section in reference to geotech report Public Improvements Description Connector Local Street (36' Section) Off-Site Suniga Rd 4-lane Arterial (83' Section) Street Lighting Metro District Owned Drives (26' Section) Subtotal Subtotal 13.1 Packet Pg. 209 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) S 89°11'25" E 19.00' N 00°48'35" E 9.00' N 89°11'25" W 19.00' S 00°48'35" W 9.00' P:\Project\2016\16057\dwg\16057d012_D3.dwg May 03, 2019 - 9:23am Office 970.669.2100 - Info@plscorporation.com PLS Corporation Loveland, Colorado 80538 532 West 66th Street # Date R e v i s i o n s Party Chief Survey Tech Proj. Manager Field Date Prepared for: Project#: NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. Description Exhibit MBS MDG N/A N/A Highland Development Services, Inc. 16057.012-D3 Detail 1" = 50' Scale 1 inch = 200 feet 200 0 100 200 400 see sheet 1 for description sheet 2 of 2 13.1 Packet Pg. 199 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 13.1 Packet Pg. 198 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 9.00' 19.00' 9.00' 19.00' 9.00' Bearing N 86°10'06" W S 41°24'11" E N 80°24'34" E S 89°43'26" E N 89°11'25" W N 00°48'35" E S 89°11'25" E S 00°48'35" W N 89°11'25" W N 00°48'35" E S 89°11'25" E S 00°48'35" W Curve Table Curve # C1 C2 C3 Length 527.47' 338.65' 131.98' Radius 8500.00' 640.73' 766.41' Delta 3°33'20" 30°16'59" 9°52'01" Chord Bearing N 87°56'46" W N 65°12'14" E N 85°20'34" E Chord Length 527.39' 334.72' 131.82' N 84°48'57" W 1688.87' N 85°25'31" W 1687.59' L11 L10 L9 L12 L7 L6 L5 L8 POINT OF BEGINNING - D1 POINT OF BEGINNING - D3 East 1 4 Corner of Section 1, Township 7 North, Range 69 West P:\Project\2016\16057\dwg\16057d012_D2.dwg May 03, 2019 - 9:21am Office 970.669.2100 - Info@plscorporation.com PLS Corporation Loveland, Colorado 80538 532 West 66th Street # Date R e v i s i o n s Party Chief Survey Tech Proj. Manager Field Date Prepared for: Project#: NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. Description Exhibit MBS MDG N/A N/A Highland Development Services, Inc. 16057.012-D2 Scale 1 inch = 200 feet 200 0 100 200 400 Detail 1" = 50' see sheet 1 for description sheet 2 of 2 13.1 Packet Pg. 196 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) thence N 89°11'25" W for a distance of 19.00 feet; thence N 00°48'35" E for a distance of 9.00 feet; thence S 89°11'25" E for a distance of 19.00 feet; thence S 00°48'35" W for a distance of 9.00 feet to the Point of Beginning - D3. Containing 43.074 acres more or less. Written by M. Bryan Short, Colorado PLS 32444 13.1 Packet Pg. 195 Attachment: Resolution 2019-101 (9154 : Northfield Metropolitan District Development Agreement) 11 Packet Pg. 92 Attachment: Cultural Resources Board Minutes May 7, 2020 (draft) (9132 : Fort Fund May 2020) Trees, Water & People Faces of Migration & Climate Change (Multiple Events) Dates: September, 2020 15,000.00 11,471.00 3,529.00 76% Totals 199,500.00 97,530.60 57,469.40 44,500.00 78% Recommended Funding Fort Fund Project Support Scores are based on application materials and Fort Fund's "Criteria for Funding." 10.1 Packet Pg. 84 Attachment: Cultural Resources Board Minutes May 7, 2020 (draft) (9132 : Fort Fund May 2020) EXHIBIT B EXHIBIT A 9,**69629(9!201692,9$(1.*1)89!$9 ," & J 246/9 9%*569.J18AB.=02J>3J 942BJB>J.J( J ," & J.9>=6JB72J.@0J>3J.J0C@F2J0>=0.E2JB>JB72J .ABJ.J18AB.=02J>3 J42BJA.81J0C@E2J7.E8=6J.J @.18CAJ>3JJ42BJ.J 29B.J>3JJ.=1J8AJAC/B2=121J/IJ.J07>@1J/2.@8=6J>3J 246/9 9 %*569.J18AB.=02J3+ 9,**69629(9!$9 ," & J 246/9 9%*569.J18AB.=02J3+ 942BJB>J.J( J ," & J.9>=6JB72J.@0J>3.J0C@F2J0>=0.E2JB>JB72J-2ABJ.J18AB.=02J>3J J42BJA.81J0C@F2J7.E8=6J.J @.18CAJ>3JJ42BJ.J 29B.J>3J.=1J8AJAC/B2=121J/IJ.J07>@1J/2.@8=6J>3 J246/9 9 %*569.J18AB.=02J>3J 9-*696296/*9! $9 9 9 ," & J0>=B8=C8=6J.9>=6JB72J.@0J>3.JJ0C@F2J0>=0.E2JB>JB72J-2ABJ.J18AB.=02J>3J J42BJA.81J0C@F2J 7.E8=6J.J@.18CAJ>3J J42BJ.J 29B.J>3J.=1J8AJAC/B2=121J/IJ.J07>@1J/2.@8=6J>3 J246/9 9%*569.J18AB.=02J>3J 9,**69629(9!$9 ," & J#276/9 9%*569.J18AB.=02J3+ 942B J ," & J 246/9 9%*569.J18AB.=02J3+ 942B J ," & J 246/9 9%*569.J18AB.=02J>3J 942B J ," & J 246/9 9%*569.J18AB.=02J>3J 942B J ," & J 246/9 9%*569.J18AB.=02J>3J 942B J ," & J 246/9 9%*569.J18AB.=02J>3J 942B J ," & J 246/9 9%*569.J18AB.=02J>3J 942B J ," & J 246/9 9%*569.J18AB.=02J3+ 942B J ,# & J 246/9 9%*569.J18AB.=02J>3J 942B J ," & J 246/9 9%*569.J18AB.=02J3+ 942B J ," & J 246/9 9%*569.J18AB.=02J3+ 942B J ," & J 246/9 9%*569.J18AB.=02J>3J942B J ," & J 246/9 9%*569.J18AB.=02J>3 J42B J ," & J 246/9 9%*569.J18AB.=02J>3J 942B J ," & J 246/9 9%*569.J18AB.=02J>3J 942B J ," & J#276/9 9%*569.J18AB.=02J3+ 942B J ," & J 246/9 9%*569.J18AB.=02J3+ 942B J ," & J 246/9 9%*569.J18AB.=02J3+942B J ," & J 246/9 9%*569.J18AB.=02J>3J 942B J ," & J#276/9 9%*569.J18AB.=02J>3J 942B J ," & J#276/9 9(569.J18AB.=02J>3J 942B J ," & J#276/9 9(569.J18AB.=02J>3J 942B J ,# & J#276/9 9(569.J18AB.=02J>3J 942B J ," & J 246/9 9(569.J18AB.=02J>3J 942B J ," & J#276/9 9(569.J18AB.=02J3+ 942B J ," & J#276/9 9(569.J18AB.=02J>3J 942B J Packe