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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 04/28/2020 - ADJOURNED MEETINGCity of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Kristin Stephens, District 4, Mayor Pro Tem City Hall West Susan Gutowsky, District 1 300 LaPorte Avenue Julie Pignataro, District 2 Fort Collins, Colorado Ken Summers, District 3 Ross Cunniff, District 5 Cablecast on FCTV Channel 14 Emily Gorgol, District 6 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney City Manager City Clerk Adjourned Meeting April 28, 2020 6:00 p.m. Public Participation for Council Meetings Public Participation for this remote Council meeting will be available online or by phone. No one will be allowed to attend in person. View Meeting Agenda Watch the Meeting: Anyone can view the Council meeting live on Channels 14 and 881 or online at www.fcgov.com/fctv. Public Participation (Online): Individuals who wish to address Council via remote public participation can do so through Zoom at https://tinyurl.com/cofccouncilmeeting04282020. The link and instructions will also be posted at www.fcgov.com/councilcomments. Individuals participating in the Zoom session should also watch the meeting through that site, and not via FCTV, due to the streaming delay and possible audio interference. The meeting will be available beginning at 5:15 p.m. Tuesday. Participants wanting to ensure their equipment setup is working should join prior to 6:00 p.m. For public comments, the Mayor will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to address Council. In order to participate: • Use a laptop, computer, or internet-enabled smartphone. o Please note that using earphones with a microphone will greatly improve your audio. • You need to have access to the internet. • Join the Zoom meeting by clicking on link above. The meeting room will open at 5:15 p.m. • Keep yourself on muted status. • DO NOT Watch/stream FCTV at the same time City of Fort Collins Page 2 Public Participation (Phone): If you do not have access to the internet, call the City Clerk’s office at (970) 221-6515 no later than 4:00 p.m. on the day of the meeting. • Please indicate that you want to participate in public participation by phone and give your name and phone number. If you get a voicemail message, please leave the same information. • Once you have given this information (in person or by message), a staff person will provide you with the phone number that will allow you access to the Zoom meeting. As listed above, the meeting will be available beginning at 5:15 p.m. Please call in to the meeting prior to 6:00 p.m., if possible. For public comments the Mayor will ask participants to indicate if you would like to speak at that time – phone participants will need to hit *9 to do this. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address Council. Once you join the meeting: • DO NOT Watch/stream FCTV at the same time Documents to Share: If residents wish to speak to a document or presentation, the City Clerk needs to be emailed those materials by 4 p.m. the day of the meeting. Individuals not comfortable or able to access the Zoom platform or able to participate by phone are encouraged to participate by emailing general public comments you may have to CityLeaders@fcgov.com. If you have specific comments on any of the discussion items scheduled, please make that clear in the subject line of the email and send prior to the meeting Tuesday evening. Note: Only individuals who wish to address Council should use the Zoom link or call in by phone. Anyone who wants to watch the meeting, but not address Council, should view the FCTV livestream. View Live Stream Persons wishing to display presentation materials using the City’s display equipment under the Citizen Participation portion of a meeting or during discussion of any Council item must provide any such materials to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2) hours prior to the beginning of the meeting at which the materials are to be presented. NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to election matters must be provided to the City Clerk no later than noon on the day of the meeting at which the item will be considered. See Council Rules of Conduct in Meetings for details. The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221- 6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. • CALL MEETING TO ORDER • ROLL CALL 1. Consideration of a motion to enter into executive session. “I move that the City Council go into executive session, as permitted under Article II Section Eleven (1) of the City Charter, Section 2-31(a)(1)a. of the City Code and Colorado Revised Statutes Section 24- 6-402(4)(f)(I), for the purpose of evaluating and discussing finalists for the Chief Judge position.” 2. Resolution 2020-039 Authorizing Two Members of the City Council to Discuss with City Staff or the Named Finalist the Terms and Conditions of an Employment Agreement for the Chief Judge Position and Amending the Schedule Adopted in Resolution 2020-035 Regarding the Recruitment and Selection of a Chief Judge. (staff: Teresa Roche; 10 minute discussion) The purpose of this item is to authorize two members of the Council to discuss with City staff or the person named the terms and conditions of employment for the Chief Judge position and to amend the schedule adopted in Resolution 2020-035 regarding the recruitment and selection of a Chief Judge to allow the City Council, City staff, the executive recruiter and the identified candidate additional time, if needed, to negotiate an employment agreement. City of Fort Collins Page 3 Motion language to complete proposed resolution: “I move that Council appoint _________________ and ___________________ to review and discuss contract terms and conditions with ______________ [the selected finalist]”. • OTHER BUSINESS • ADJOURNMENT Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY April 28, 2020 City Council STAFF Teresa Roche, Chief Human Resources Officer Jenny Lopez Filkins, Legal SUBJECT Resolution 2020-039 Authorizing Two Members of the City Council to Discuss with City Staff or the Named Finalist the Terms and Conditions of an Employment Agreement for the Chief Judge Position and Amending the Schedule Adopted in Resolution 2020-035 Regarding the Recruitment and Selection of a Chief Judge. EXECUTIVE SUMMARY The purpose of this item is to authorize two members of the Council to discuss with City staff or the person named the terms and conditions of employment for the Chief Judge position and to amend the schedule adopted in Resolution 2020-035 regarding the recruitment and selection of a Chief Judge to allow the City Council, City staff, the executive recruiter and the identified candidate additional time, if needed, to negotiate an employment agreement. Motion language to complete proposed resolution: “I move that Council appoint _________________ and ___________________ to review and discuss contract terms and conditions with ______________ [the selected finalist]”. STAFF RECOMMENDATION Not applicable. BACKGROUND / DISCUSSION The City began a recruitment and selection process for the Chief Judge position in January 2020 with the support of an executive recruitment firm Baker Tilly Virchow Krause, LLP. Council appointed an ad hoc committee of Council 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 will interview those finalists on April 22, 2020. A possible executive session is set for April 28, 2020, for the purpose of Council discussing the finalists and a summary of information from several other interviews. No decision about the finalists will be made in the executive session. This Resolution authorizes two members of Council to discuss with City staff or the named finalist the terms and conditions of an employment agreement. It also approves an amendment of the schedule previously adopted by Council to allow Council, City staff, the executive recruiter and identified candidate additional time, if needed, to negotiate an employment agreement. ATTACHMENTS 1. Amended Timeline (redlined to show changes) (DOCX) ATTACHMENT 1 Amended Exhibit A Chief Judge Recruitment Timeline and Milestones Dates reflect the City’s targeted timeline and are subject to change. Date Event / Milestone No te 1/30 through March Stakeholder Meetings Engage key stakeholders to learn multiple perspectives on the role of the judge. 2/7 Position Announcement Go Live 3/6 Application Review Begins 3/16 Recruiter sends semi-finalist application materials to City representatives for review 3/19 Ad Hoc Committee meeting to review and identify semi-finalist candidates Possible executive session to discuss candidates (Note: Meeting moved to 3/23 with Council Approval.) Posted for Public 3/26 Deadline for identifying finalist candidates 3/30 Invitation to finalists for onsite interviews 4/3 Publicly announce finalists 4/10 Council receives finalists’ additional background materials 4/13 Ad Hoc Committee meeting to review and discuss finalist materials and prepare for interviews 4/20 Ad Hoc Committee interviews top candidates and narrows the field of candidates for interviews with all Councilmembers 4/21– 4/23 Chief Judge Onsite or Virtual Interviews— Councilmembers to Participate in Selection Activities with Candidates and Attend Public Forum Appropriate Events Posted for Public Participation 4/28 Possible Executive Session to discuss finalist(s) Posted for Public 4/28 Council Resolution Authorizing Certain Council Members to Begin Negotiations re Terms and Conditions of Employment Agreement with a Person Named in the Resolution. Posted for Public 4/29 City engages in negotiations with top choice candidate (if appropriate) 5/519 Council Resolutions Appointing Chief Judge and approving the employment agreement for the Chief Judge position and the Assistant Chief Judge 6/1 New Chief Judge start date Bold indicates Council action 2.a Packet Pg. 5 Attachment: Amended Timeline (redlined to show changes) (9047 : Chief Judge Negotiations) -1- RESOLUTION 2020-039 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING TWO MEMBERS OF THE COUNCIL TO DISCUSS WITH CITY STAFF OR THE NAMED FINALIST FOR THE CHIEF JUDGE POSITION THE TERMS AND CONDITIONS OF AN EMPLOYMENT AGREEMENT AND AMENDING THE SCHEDULE ADOPTED IN RESOLUTION 2020-035 REGARDING THE RECRUITMENT AND SELECTION OF A CHIEF JUDGE WHEREAS, on October 18, 2019, Chief Judge Kathleen Lane notified the City Council of her intent to retire from her employment as Chief Judge effective July 3, 2020; and WHEREAS, on December 3, 2019, the City Council adopted Resolution 2019-110 creating a Council Committee to serve as the ad hoc Chief Judge Selection Process Committee (“Committee”) and directing staff to develop a detailed plan and target schedule for the recruitment and selection of the Chief Judge to be considered by the Committee and presented to the City Council for approval; and WHEREAS, on April 7, 2020, the City Council adopted Resolution 2020-035 approving an amended plan and schedule for the Chief Judge selection process and authorizing the Committee to narrow the field of candidates at a committee meeting on April 20, 2020; and WHEREAS, the amended plan and schedule for the Chief Judge selection process calls for the City Council to authorize certain Councilmembers to begin negotiations regarding the terms and conditions of an employment agreement with a person named in the resolution on April 28, 2020; and WHEREAS, the amended plan and schedule for the Chief Judge selection process also calls for the City Council to consider a resolution appointing a Chief Judge and approving an employment agreement with a person named in the resolution on May 5, 2020; and WHEREAS, City staff recommends moving the date for consideration of a resolution appointing a Chief Judge and approval of an employment agreement to allow the City Councilmembers, City staff and the executive recruiter additional time to negotiate the terms and conditions of an employment agreement to May 19, 2020; and WHEREAS, City Council desires to review the amended plan and schedule recommended by City staff; and WHEREAS, on April 20, 2020, the Committee interviewed the top candidates and selected finalists for the Chief Judge position to be interviewed by the City Council; and WHEREAS, on April 22, 2020, the City Council interviewed each finalist and later received a summary of information from numerous other finalist interviews including a public forum with the finalists. Packet Pg. 6 -2- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby approves the amended detailed plan and target schedule for the recruitment and selection of the Chief Judge as described on Exhibit “A” attached hereto. Section 3. That the City Council hereby authorizes two members of the Council, to be appointed by separate motion, to discuss with City staff or the person named below the terms and conditions of an employment agreement for the Chief Judge position, with such agreement to be presented for City Council consideration on May 19, 2020: _________________________________ Passed and adopted at an adjourned regular meeting of the Council of the City of Fort Collins this 28th day of April, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 7 Amended Exhibit A Chief Judge Recruitment Timeline and Milestones Dates reflect the City’s targeted timeline and are subject to change. Date Event / Milestone No te 1/30 through March Stakeholder Meetings Engage key stakeholders to learn multiple perspectives on the role of the judge. 2/7 Position Announcement Go Live 3/6 Application Review Begins 3/16 Recruiter sends semi-finalist application materials to City representatives for review 3/19 Ad Hoc Committee meeting to review and identify semi-finalist candidates Possible executive session to discuss candidates (Note: Meeting moved to 3/23 with Council Approval.) Posted for Public 3/26 Deadline for identifying finalist candidates 3/30 Invitation to finalists for onsite interviews 4/3 Publicly announce finalists 4/10 Council receives finalists’ additional background materials 4/13 Ad Hoc Committee meeting to review and discuss finalist materials and prepare for interviews 4/20 Ad Hoc Committee interviews top candidates and narrows the field of candidates for interviews with all Councilmembers 4/21– 4/23 Chief Judge Onsite or Virtual Interviews— Councilmembers to Participate in Selection Activities with Candidates and Attend Public Forum Appropriate Events Posted for Public Participation 4/28 Possible Executive Session to discuss finalist(s) Posted for Public 4/28 Council Resolution Authorizing Certain Council Members to Begin Negotiations re Terms and Conditions of Employment Agreement with a Person Named in the Resolution. Posted for Public 4/29 City engages in negotiations with top choice candidate (if appropriate) 5/19 Council Resolutions Appointing Chief Judge and approving the employment agreement for the Chief Judge position and the Assistant Chief Judge 6/1 New Chief Judge start date Bold indicates Council action EXHIBIT A a Packet Pg. 8 Attachment: Exhibit A (9048 : Chief Judge Negotiations RESO) City of Fort Collins Page 1 Wade Troxell, Mayor Council Information Center (CIC) 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 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 Council Work Session April 28, 2020 After the Adjourned Council meeting, which begins at 6:00 p.m. • CALL TO ORDER. 1. COVID-19 Social and Economic Recovery. (staff: Clay Frickey, et al; 15 minute presentation; 45 minute discussion) The purpose of this item is to provide information about known COVID-19 impacts, summarize social and economic responses to date, summarize funding sources, outline principles to guide recovery, and seek feedback on proposals for dispersal of funding. 2. Manufactured Housing Zoning and Residents' Rights Update. (staff: Ryan Mounce, et al; 15 minute presentation, 45 minute discussion) The purpose of this item is to discuss details and options for a new manufactured housing zone district and to provide an update on implementation of manufactured housing residents’ rights and livability strategies. • ANNOUNCEMENTS. • ADJOURNMENT. DATE: STAFF: April 28, 2020 Clay Frickey, Redevelopment Program Manager Jackie Kozak-Thiel, Chief Sustainability Officer Josh Birks, Economic Health Director WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION COVID-19 Social and Economic Recovery. EXECUTIVE SUMMARY The purpose of this item is to provide information about known COVID-19 impacts, summarize social and economic responses to date, summarize funding sources, outline principles to guide recovery, and seek feedback on proposals for dispersal of funding. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Do Councilmembers support staff's current approach to economic and social recovery? BACKGROUND / DISCUSSION Fort Collins and the global community have already experienced widespread human and economic impact caused by the Novel Coronavirus 2019 (COVID-19). This Work Session item includes the following for discussing these impacts: • Landscape assessment of the global, national, and more local insights already learned. • A brief overview of the response efforts to date by the City and our community. • An initial set of guiding principles to direct a triple bottom line approach to recovery. Landscape Assessment As with any ongoing crisis, the full impacts to our community are still unknown. However, there are a series of insights staff can offer at this point: Global, National, and Local Insights • Poverty: According to a recent Oxfam report (www.oxfam.org <http://www.oxfam.org/>), 6-8% of the global population (500 million people) could be pushed into poverty. • Unemployment: Nationally, and as of April 11, unemployment claims are at $22 million, or about 18% of the U.S. work force. In Colorado, the state has already received 232,000 claims for unemployment (approximately 7% of the Colorado work force) and these claims are disparate by industry. • Health Impacts: Inequities and health disparities were present prior to COVID-19, and these inequities are in stark relief now. For example, in Colorado, African Americans represent 3.9% of Colorado’s population but represent 7% of both cases of COVID-19 and associated deaths. A recent paper reviewed national data and projected that persons experiencing homelessness “infected with COVID-19 are 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 from the illness as the general population.” (works.bepress.com/dennis_culhane/237/?mc_cid=ad1b3e3234&mc_eid=7847c2f8d7 <https://works.bepress.com/dennis_culhane/237/?mc_cid=ad1b3e3234&mc_eid=7847c2f8d7>). • Consumer Concerns: According to a recent analysis by McKinsey & Company (www.mckinsey.com <http://www.mckinsey.com/>), U.S. consumers top concerns in April are uncertainty around public health, the duration of the crisis, and economic impacts. 1 Packet Pg. 2 April 28, 2020 Page 2 What We Know Today The impact of COVID-19 will be far reaching with full extent of impacts unclear; however, the following impacts are already known: • The U.S. Economy: The overall U.S. economy is now in recession and has been since March. • CARES Act: Business support has already exhausted its funding. • Local business and service providers: These entities are anticipating significant downside to their revenue. See more information below. • The City of Fort Collins: The City entered the crisis from a strong financial position, but anticipated revenue losses will require the City to act to rebalance its 2020 budget and address impacts in the 2021 budget. What Remains Unknown The remaining aspects of the impact remain unclear, including: • Severity of decline: How much downside the economy might experience in this recession. • Shape and length of recovery: ▪ Length: If the economy will rebound quickly or if recovery will be more protracted. ▪ Shape: The recovery could be Structural or Cyclical. Structural decline would represent a steep decline and slow recovery that may fail to reach pre-crisis peak. Cyclical decline would result in a less pronounced decline followed by a recovery that would return to pre-crisis levels. • Full impact of federal aid (direct & indirect): Federal aid will continue to filter down to the community and impacts will not be evident for several months. • CARES 2.0: The second phase of the CARES act could be an opportunity, but its contents and timing are unknown at this point. • Other lagging responses to COVID-19: Businesses, municipalities, and community members continue to adapt to changing reality presented by COVID-19. Many businesses and municipalities are waiting to assess the full extent of COVID-19 impacts before implementing furloughs or laying off staff. Survey Results To better understand how the community is faring, two questionnaires were created: 1. A questionnaire sent to the business community (inclusive of nonprofits). 2. A questionnaire sent to existing nonprofit partners that the City funds through its human service funding. Business Survey Starting shortly after Governor Polis executed the Stay at Home order on March 25, 2020, the Northern Colorado Regional Economic Development Initiative (NoCo REDI) prepared questionnaire for distribution to businesses. The survey was open until April 16, 2020 and received over 650 responses from Larimer County. Economic health staff prepared a summary of the Fort Collins breakout available as Attachment 2. The highlights of the survey include: • 155 responses from Fort Collins businesses through April 16 • 40% of respondents have reduced employment or employee hours • 53 responded they had lost more than $25,000 in revenue • 37% of businesses stated the minimum amount which would be useful to them is over $25,000. Initial Nonprofit Assessment In the week of April 13, staff conducted an informal assessment to obtain a general idea about how existing nonprofit partners were responding to COVID-19 with programs and services and to better understand the financial impacts these nonprofits were experiencing and anticipating going forward. While staff is still processing 1 Packet Pg. 3 April 28, 2020 Page 3 the twenty-three (23) responses received (out of 34 total partners), here is an initial summary of what was learned: • Revenue Loss (8): The most significant impacts seen thus far mirror business impacts - anticipated revenue loss, with almost $300,000 in costs incurred already and an approximate $1.2 million in future funding gaps anticipated. Revenue loss has been experienced in the following ways: ▪ Decreased fundraising: Nonprofits had to cancel major fundraising events that support year-round operational costs. For example, Teaching Tree shared they had two fundraisers originally scheduled this spring which would have raised up to $50,000 for their annual operations. ▪ Increased costs of doing business: For some, like the Food Bank, implementing physical distancing has meant it takes more time to get their services to their customers, increasing operational costs. For others, like CASA (Court-appointed Special Advocate), the transition to virtual case-management and facilitating contact free custody exchange has increased the cost of business. ▪ Overall loss of revenue: Particularly childcare services are anticipating large losses related to reduced services (smaller group sizes) and tuition losses. • Changing Service Delivery Methods (6): As noted above, this largely included changes to how services or programming is provided. • Adding Programs in Direct Response to COVID-19 (5): Agencies have added programs to meet emergency shelter, rent, and food needs. For example, the Food Bank started delivering food boxes to homebound seniors and Neighbor to Neighbor has expanded its rental assistance program by over 700% and added a full-time Spanish speaking counselor. • Increased Demand on Existing Services (4): Nonprofits noted an increase in demand on existing services. For example, the Food Bank shared that they serve 9,000 meals in an average month and served over 14,000 per month in the last recession. They are anticipating a similar increase in service demand during this time and throughout recovery. Response to Date To adapt to the rapidly changing environment presented by this crisis, the city has implemented a suite of tactics and programs to ensure community members and businesses are able to connect to available resources. Below is a brief summary of responses to date: Overall Efforts: In both areas, communications and coordination were prioritized to ensure that residents are aware of resources through mechanisms that are accessible to them, including: • Partnership with United Way of Larimer County: City staff is working closely across departments and with community partners to coordinate and ensure the information included in the United Way resource lists is shared widely and is as comprehensive as possible. See memo in the April 16 Council Packet for more information on this partnership. • Larimer County Task Force: The seven municipalities, chambers of commerce, and the county participate in a task force to coordinate responses to COVID-19 across jurisdictional boundaries. • Connect First: We meet weekly with key community executives about how to collectively support outcomes for kids with a data informed approach, including Poudre School District, County, Bohemian Foundation, Early Childhood Council, and United Way of Larimer County. • Adopt a Neighbor: Within five business days of the stay-at-home order, the city retooled and relaunched Adopt-a-Neighbor to ensure neighbors were able to support their neighbors directly during this time. As of today, we have 340 volunteers supporting 52 neighbors. • Bridging the Digital Divide: Knowing that there is a significant need to reach residents without internet access, the city is beginning to bridge this gap in the following ways: ▪ Connexion is following the same protocol as Utilities and will not disconnect services to customers for nonpayment until further notice. In addition, Connexion is working closely with Poudre School District to deploy wi-fi service to manufactured home communities; work began the week of April 13. ▪ Staff is ensuring residents who need information most right now, including seniors and other susceptible populations, have access to resources by: (1) mapping these residents, and (2) directly delivering 1 Packet Pg. 4 April 28, 2020 Page 4 information to their doors. • Translation of Materials: To ensure information is accessible to our Spanish speaking families, staff has been working with community partners to translate each of the United Way resource lists into Spanish and share them with community members. Staff is also prioritizing other mechanisms to ensure materials are accessible, e.g., sign translations, the Town Hall for Spanish-Speaking Families hosted by Poudre Library that will be held on April 23, and more. In addition to communications and coordination, staff is also supporting leadership to help inform State and Federal funding and policy as it is developed, e.g., what should be included in any potential CARES2 funding for local governments. Overview of Social Response Efforts Housing: • The city has coordinated with partners to increase rental assistance opportunities through Neighbor to Neighbor. • Staff is prioritizing the Community Development Block Grant (CDBG) COVID-19 funding coming to Fort Collins (more information on this resource below). • Community response has been bolstered by the statewide eviction moratorium and specific mortgage assistance outlined in the CARES Act. • The City Manager signed an emergency order on March 25 to allow for recreational vehicles (RVs) to be occupied on private property with permission from the property owner during this time, amongst other allowances. Homelessness: • The City and its partners established a centralized operations center at Northside Aztlan Community Center (Aztlan). This site serves as an overnight shelter for male guests. • On April 10, the city converted Heritage Park to an outdoor shelter site for those experiencing homelessness with a designated camping area. o An exit strategy is underway which aligns with recommendations from the Larimer County Health Department and will return the site to a park once the stay-at-home order is lifted. • The city is working with the Health District and Homeward Alliance to convert a City property on West Myrtle for use as an isolation site for people who are at higher risk for negative health outcomes related to COVID- 19. This site is anticipated to serve 12-15 people starting the week of April 27. Equity: While equity and inclusion efforts will be discussed in more depth at the May 12 Work Session, equity is a key principle in the city’s approach to recovery and examples of work to date are highlighted below: • Just in Time Equity Lens - This tool was developed by the newly formed Rapid Response Racial Equity Team to help embed equity and inclusion into our organizational COVID response and aligns with the city’s Strategic Objective to support “equity for all, leading with race.” Project managers are using the tool to help ensure they are designing efforts to help marginalized populations, especially communities of color, while elevating equitable outcomes for all residents. • In addition, the City has formed a Vulnerable and Susceptible Populations Group to ensure coordination across departments, prioritizing service delivery mechanisms that meet the needs of all residents. Overview of Economic Response Efforts • NoCoRecovers.com: NoCoRecovers.com is a one-stop-shop for businesses to access resources to aid in their recovery from COVID-19 impacts. This website serves all of Northern Colorado and is supported by 19 economic development programs, including the city’s Economic Health Office. • Weekly Targeted Email: The Economic Health Office sends a weekly e-mail to interested businesses with 1 Packet Pg. 5 April 28, 2020 Page 5 links to helpful resources and status updates on programs to aid in their recovery. • Support Local Campaign: In collaboration with the Fort Collins Chamber of Commerce, staff has developed a campaign to encourage community members to support local businesses. The campaign goes beyond just encouraging shopping at local retailers. The idea of the program is to encourage businesses to also support other local businesses, entrepreneurs, and non-profits. • Relief and Recovery Loan Fund: This loan fund provides loans with favorable terms to businesses that are underserved by banks. The goal of the fund is to provide small businesses with working capital to retain employees and survive the economic downturn. COVID Response Funding Sources There are multiple funding sources available to Fort Collins for COVID-19 response and recovery. To date, across the CARES funding and other federal/state agency mechanisms, the City has identified $8.4 million that flow directly to the city organization (via FTA and HUD) and another $17 million for the Northern Colorado Regional Airport. Staff continues to work with partners at all levels of government to determine the city’s allocations. Available funding for residents and businesses continues to evolve (is robust) and the amount the community receives is dependent on the federal aid packages made available and the number of organizations that apply for aid. Federal and state funding resources are outlined in Attachment 1. In addition, multiple private funding sources are available to our community and region. Information about all funding sources (federal, state, private) is maintained in the NoCoRecovers.com <https://nocorecovers.com/> web site, a one-stop-shop for up-to-date information on potential funding resources  for the business community of Northern Colorado. Principles and Approaches to Recovery Staff has developed an initial series of principles to guide our recovery. Staff will provide examples of the principles in action and recovery during the Work Session presentation. • Adaptability in the face of change and uncertainty: As an organization, we will act nimbly and adapt current services to meet the needs of the community amidst rapid change. • Community focused, centered in equity and inclusion: Staff will develop processes, programs and deliver community outcomes in a way that furthers our goals around equity and inclusion. • Policies and infrastructure integrate and maximize Triple Bottom Line benefits: Economic, environmental, and social health all benefit from new policies and infrastructure as well as changes to existing policies and infrastructure. • Advance regeneration and resilience: Staff’s response creates structures that regenerate the community and allow Fort Collins to be resilient in the face of future crises. • Capitalize on opportunities for improvement: Use COVID-19 response as a way to improve processes that can apply beyond the recovery phase and become permanent changes to the way we do business. • Remove regulatory barriers: Address existing regulatory barriers to allow the community to recover more quickly. • Apply lessons learned in response: Create frameworks that allow Fort Collins to better manage future crises and community disruptions. • Align, collaborate, and innovate with partners: Collaborative systems will help our partners better navigate current and future crises while developing stronger bonds that will help the community recover together. It is anticipated these principles will evolve into a framework for recovery in the coming months. Phases of Recovery Our path to recovery will not likely follow a straight line. To acknowledge this, staff proposes adopting a tiered approach to recovery that allows the city to quickly adapt its response to the changing needs of the community. The tiered approach follows a similar structure for the city’s structure for emergency management and the state’s phases of recovery. The phases of recovery include: 1 Packet Pg. 6 April 28, 2020 Page 6 • Response: Address immediate community needs and minimize further spread of COVID-19. • Emergence: Open portions of economy back up with restrictions. Gradually phase in activities provided new cases of COVID-19 flatline or drop. • Recovery: Relax most restrictions and begin to return to standard business practices. NEXT STEPS • CDBG-CV Funding Appropriation and Resolution Proposed Timeline • May 12 - Equity and Inclusion Work Session • Developing internal metrics dashboard • Continue to research promising practices • Form Triple Bottom Line (TBL) Community Recovery Advisory Committee ATTACHMENTS 1. Memo on Federal and State funding sources (PDF) 2. Business Survey Results Summary (PDF) 3. Economic Social Recovery COVID WS Apr28 (PDF) 1 Packet Pg. 7 City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com MEMORANDUM DATE: April 9, 2020 TO: Mayor and City Councilmembers FROM: Darin Atteberry, City Manager RE: COVID-19 Funding Sources Available to Fort Collins Attached is a memorandum to City Council that serves as an important reference for Council and our community regarding federal and state resources available to support Fort Collins’ recovery from the COVID-19 pandemic. As you know, our City organization is deeply committed to researching resources and providing that information to our community that is clear, timely, and easily accessible. We are in a dynamic environment in many ways, and information and guidelines on funding sources will continue to evolve. Information contained in this memo provides the best information we have today, but we anticipate things to evolve, and will share this information with Council and our community in a timely way. My intent is to discuss these funding opportunities with the Council Finance Committee on April 20 and then with the full City Council on April 28 in a work session on Social and Economic Recovery in Fort Collins. I am pleased and appreciative of the work to date to compile these resources, and to assess the needs in our community as we begin our work to disperse the funds. I also continue to refer community members to these City websites for additional information. COVID19 Resources For all residents: https://www.fcgov.com/eps/coronavirus For businesses: https://www.fcgov.com/business/ Want to help: https://www.fcgov.com/volunteer/ Connect with resources: https://uwaylc.org/ RECURSOS COVID-19 Para integrantes de la comunidad: https://www.fcgov.com/eps/coronavirus Para empresas: https://www.fcgov.com/business/ ¿Quieres ayudar o necesitas ayuda? https://www.fcgov.com/neighborhoodservices/adopt Recursos de United Way: https://uwaylc.org/ ATTACHMENT 1 1.a Packet Pg. 8 Attachment: Memo on Federal and State funding sources (9062 : COVID-19 Social and Economic Recovery) 1 Financial Services 215 North Mason Street 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6770 970.221.6782 - fax fcgov.com MEMORANDUM DATE: April 9, 2020 TO: Mayor and City Councilmembers THRU: Darin Atteberry, City Manager Jeff Mihelich, Deputy City Manager FROM: Travis Storin, Interim Chief Financial Officer Jacqueline Kozak Thiel, Chief Sustainability Officer Caryn Champine, Planning, Development and Transportation Director RE: Summary of Federal and State COVID-19 Funding Sources Available to Fort Collins Purpose: To provide a summary of known Federal and State funding opportunities to support Fort Collins in response to and recovery from the COVID-19 pandemic. Bottom Line: There are multiple funding sources available to Fort Collins for COVID-19 response and recovery. Thus far, across the CARES funding and other federal/state agency mechanisms, the City has identified $8.4M that flow directly to the City organization (via FTA and HUD). An as-of- yet indeterminate amount of additional federal pass-through funding is available to the City organization and staff is working with partners at all levels of government to determine the City’s allocations. Available funding for residents and businesses is robust and the amount the community receives is dependent on the number of organizations that apply for aid. Staff continues to research additional opportunities and will inform Council as any are identified. I. Overview of Federal Funding Sources On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES) was signed into law. The $2.2 trillion package includes a wide range of provisions that provide funding for issues ranging from emergency relief to unemployment benefit expansion. Target recipients for each item are in parentheses. For ease, each of the major aspects of the CARES Act are described individually below and in more detail in Attachment 1. CARES Act: Payroll Protection Program (PPP) (Small businesses) • $350 billion to help small businesses keep workers employed • Provides 100% federally guaranteed loans to small businesses that maintain their payroll during this emergency. • The loans may be forgiven if borrowers maintain their payrolls during the crisis or restore their payrolls afterward. CARES Act: Economic Injury Disaster Loan Emergency Advance (EIDL) (Small businesses) • Small business can apply for an advance of up to $10,000 if experiencing a temporary loss of revenue. This advance will not have to be repaid. 1.a Packet Pg. 9 Attachment: Memo on Federal and State funding sources (9062 : COVID-19 Social and Economic Recovery) 2 CARES Act: Small Business Administration (SBA) Express Bridge Loans (Small businesses) • For small businesses who currently have a business relationship with an SBA Express Lender to access up to $25,000. CARES Act: Small Business Administration (SBA) Debt Relief (Small businesses) • SBA will automatically pay the principal, interest, and fees of certain small business loans a period of six months. The SBA will also automatically pay the principal, interest, and fees of new 7(a), 504, and microloans issued prior to September 27, 2020. CARES Act: Expanded Unemployment Benefits (Anyone experiencing a loss of hours, temporary unemployment, or loss of job) • Provides for (1) an extra $600 weekly payment, in addition to the weekly benefit amount an eligible employee otherwise receives under state law; and (2) increases the maximum number of weeks an individual may receive benefits. These new benefits are funded at the federal level but will be administered by the states. CARES Act: Community Development Block Grant (CDBG) Allocation (Residents and Businesses and local government) • The Director of the Denver Regional Field Office of the Department of Housing and Urban Development (HUD) notified the City of its additional CDBG funding allocation of $649,203 under the CARES Act to support the immediate response needs. • This CARES Act guidance encouraged the City 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. • Process guidance still pending. • Staff is working with a multidisciplinary team to identify priority needs and gaps based on local non-profit outreach and the preliminary guidance on using CDBG funding. The team will seek Council review of an anticipated deployment plan. Note funding allocations are approved by City Council, and a timeline for appropriation will be included in the deployment plan. CARES Act: Department of Justice Coronavirus Emergency Supplemental Funding (CESF) (City Government) • Funds are awarded under the CESF Program to prevent, prepare for, and respond to the coronavirus. Allowable projects and purchases include law enforcement and certain medical needs. • The City would be eligible for a grant up to $100,818 with no local match and intends to apply • The application is due by May 29, 2020, and if awarded the City would have two years to draw down the eligible funds for reimbursement. CARES Act: Election Assistance Commission (EAC) (State and Local Governments) • This funding provides $400 million for Election Security Grants, which will be provided to States and local jurisdictions in order to manage their role in the 2020 election cycle. • EAC Commissioners and staff are moving as quickly as possible to provide guidance on how these funds will be distributed. • Staff intends to apply. 1.a Packet Pg. 10 Attachment: Memo on Federal and State funding sources (9062 : COVID-19 Social and Economic Recovery) 3 Federal Emergency Management Agency (FEMA) (State and Local Governments) • On March 28, 2020 President Trump approved the major disaster declaration for the State of Colorado, making Federal funding available to state, tribal and eligible local governments and certain private nonprofits, on a cost-sharing basis for expenses such as Emergency Operation Center costs, related trainings, cleaning, some Personal Protective Equipment, related communications and certain other related expenses. • Staff is tracking expenses for reimbursement. • FEMA reimbursement of costs will not exceed 75%, so the City is responsible for 25% of eligible costs • FEMA will not duplicate assistance provided by other federal agencies Federal Transit Administration (FTA) (State and Local Governments) • Transfort will net $8,719,626 in CARES funding from the FTA • Funds can cover all operating activities that occur on or after January 20, 2020 including fixed route operating expenses; and operation and maintenance of Transfort’s fleets and facilities II. Overview of State Funding Sources Colorado COVID Relief Fund (Business, Nonprofits, governments) • Funds raised will be used to support the needs of communities impacted by COVID-19 in three categories: prevention, impact, and recovery efforts. • Organizations across Colorado, including local governments, may receive a general operating grant of up to $25,000 and City staff will apply as eligible • For more information see https://covrn.com/covid-relief-fund/ Colorado Department of Local Affairs (DOLA) Emergency Disaster Fund • $3 million from Disaster Emergency Fund allocated to DOLA for emergency rent and mortgage assistance for Coloradans facing economic disruption due to COVID-19 • DOLA is coordinating with local nonprofit housing counseling agencies and housing authorities, including Neighbor to Neighbor & Housing Catalyst. No allocation plans yet announced. III. Additional Funding Sources In addition to federal and state resources to support communities in this time, private foundations and community foundations are also providing grant support throughout Colorado. The organization Philanthropy Colorado is maintaining a comprehensive list, which can be found here: https://www.philanthropycolorado.org/news/resources-covid-19-coronavirus. Additional high level information regarding private funding sources will be provided at the April 28 Work Session. Next Steps: • Discussion planned with City Council Finance Committee on 4/20/20 regarding COVID- 19 funding • April 28 Work Session planned on Social and Economic Recovery with further updated information about these funds and how they can support recovery in our community 1.a Packet Pg. 11 Attachment: Memo on Federal and State funding sources (9062 : COVID-19 Social and Economic Recovery) 4 Attachments Attachment 1- Federal and State Funding Source to Support Fort Collins COVID-19 Response and Recovery Attachment 2 – Fort Collins COVID-19 Community Development Block Grant Award Letter CC: Josh Birks, Economic Health Director; Lindsay Ex, Sr. Environmental Program Manager; Drew Brooks, Transit Director; Kaley Zeisel, Compliance Manager; Blaine Dunn, Interim Accounting Director 1.a Packet Pg. 12 Attachment: Memo on Federal and State funding sources (9062 : COVID-19 Social and Economic Recovery) 1 Attachment 1 - Federal and State Funding Sources to Support Fort Collins COVID-19 Response and Recovery (4/8/20) (The information presented here represents staff’s current understanding of funding opportunities and may evolve as additional guidance is provided.) I. Federal Funding Sources CARES Act: Payroll Protection Program  (PPP) The CARES Act allocated $350 billion to help small businesses keep workers employed amid the pandemic and economic downturn. Known as the Payroll Protection Program (PPP), the initiative provides 100% federally guaranteed loans to small businesses that maintain their payroll during this emergency. Importantly, these loans may be forgiven if borrowers maintain their payrolls during the crisis or restore their payrolls afterward. Eligibility/Process: • 100% federally guaranteed loans made by SBA-approved lenders direct to eligible small businesses, including charitable non-profits, Veterans organizations, Tribal concerns, sole proprietorships, self-employed individuals, and independent contractors, with 500 or fewer employees. • An individual business can apply for the funds through any existing SBA lender or through any federally insured depository institution, federally insured credit union, and Farm Credit System institution that is participating. Other regulated lenders will be available to make these loans once they are approved and enrolled in the program. • Starting April 3, 2020, small businesses and sole proprietorships can apply for and receive loans to cover their payroll and other certain expenses through existing SBA lenders. • Starting April 10, 2020, independent contractors and self-employed individuals can apply for and receive loans to cover their payroll and other certain expenses through existing SBA lenders. Other relevant context: • The loan amounts will be forgiven as long as: (a) The loan proceeds are used to cover payroll costs, and most mortgage interest, rent, and utility costs over the 8 week period after the loan is made; and (b) Employee and compensation levels are maintained. CARES Act: Economic Injury Disaster Loan Emergency Advance (EIDL) The CARES Act authorized an Emergency Advance on Economic Injury Disaster Loans (EIDL) enabling small business owners in all U.S. states, Washington D.C., and territories to apply for an advance of up to $10,000. This advance will provide economic relief to businesses that are currently experiencing a temporary loss of revenue. Funds will be made available following a successful application. This advance will not have to be repaid. Eligibility/Process: • Direct advance of funds to an approved small business. • An individual business must apply for an Economic Injury Disaster Loan (EIDL) and request an Emergency Advance. The application is available directly from the Small Business Administration (SBA) on their website. • SBA is currently taking applications. 1.a Packet Pg. 13 Attachment: Memo on Federal and State funding sources (9062 : COVID-19 Social and Economic Recovery) 2 CARES Act: Small Business Administration (SBA) Express Bridge Loans The Express Bridge Loan Pilot Program allows small businesses who currently have a business relationship with an SBA Express Lender to access up to $25,000. These loans can provide vital economic support to small businesses to help overcome the temporary loss of revenue they are experiencing and can be a term loan or used to bridge the gap while applying for a direct SBA Economic Injury Disaster Loan. If a small business has an urgent need for cash while waiting for decision and disbursement on an Economic Injury Disaster Loan, they may qualify for an SBA Express Disaster Bridge Loan. Eligibility/Process • Loans eligible to businesses with an existing SBA Express Lender relationship for up to $25,000 to be repaid from the proceeds of an EIDL loan. • An individual business must apply for an Economic Injury Disaster Loan (EIDL) and request an Emergency Advance. The application is available directly from the Small Business Administration (SBA) on their website. • SBA is currently taking applications. CARES Act: Small Business Administration (SBA) Debt Relief The SBA is providing a financial reprieve to small businesses during the COVID-19 pandemic. The SBA will automatically pay the principal, interest, and fees of current 7(a), 504, and microloans for a period of six months. The SBA will also automatically pay the principal, interest, and fees of new 7(a), 504, and microloans issued prior to September 27, 2020. Eligibility/Process: • Provides debt relief including paying principal, interest, and fees. • No application necessary based on status and eligibility of the loan. • Currently available. CARES Act: Expanded Unemployment Benefits The CARES Act includes various provisions increasing and expanding unemployment insurance benefits available to workers, including individuals who are unemployed, partially unemployed, or unable to work due to COVID-19. Eligibility/process: • Provides for (1) an extra $600 weekly payment, in addition to the weekly benefit amount an eligible employee otherwise receives under state law; and (2) increases the maximum number of weeks an individual may receive benefits. These new benefits are funded at the federal level, but will be administered by the states. • As normal through the State of Colorado Department of Labor and Employment – the state’s processer of unemployment benefits. • As of April 7, 2020, the coloradoui.gov website indicates it is not ready to accept and process claims for individuals experiencing a loss of hours or employment due to COVID19. CARES Act: Community Development Block Grant (CDBG) Allocation On April 3rd, the Director of the Denver Regional Field Office of the Department of Housing and Urban Development (HUD) notified the City of its additional CDBG funding allocation of $649,203 under the CAREs Act. Eligibility/process • HUD has stated all funding can be used for immediate response needs. • This CARES Act guidance encouraged the City 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. 1.a Packet Pg. 14 Attachment: Memo on Federal and State funding sources (9062 : COVID-19 Social and Economic Recovery) 3 • Process guidance is still pending. • In the meantime, staff is working with an interdisciplinary team to identify priority needs and gaps based on the preliminary guidance on using CDBG funding for infectious disease response. • This allocation is directly to Fort Collins and does not require a formal application, but will require a submission of an amendment to the FY2019 Annual Action Plan and approval from HUD prior to the release of funds • Once we receive the formal guidance from HUD, we will update Council on an anticipated deployment plan, including a proposed timeline for the Appropriation Ordinance for City Council's review which comes with all HUD funding recommendations. Other relevant context: • The $649,203 allocation is associated with the first wave of funding ($2B out of a total of $5B included in the CARES Act). The remaining $3B in funding will be allocated as follows: (a) $1B directly to States and (b) $2B (retained) to be released based on need as determined by the Secretary. Staff is actively monitoring these resources for opportunities to address Fort Collins’ needs. CARES Act: Department of Justice Coronavirus Emergency Supplemental Funding (CESF) Funds awarded under the CESF Program must be utilized to prevent, prepare for, and respond to the coronavirus. Allowable projects and purchases include, but are not limited to, overtime, equipment (including law enforcement and medical personal protective equipment), hiring, supplies (such as gloves, masks, sanitizer), training, travel expenses (particularly related to the distribution of resources to the most impacted areas), and addressing the medical needs of inmates in state, local, and tribal prisons, jails, and detention centers. These funds would be able to be used City-wide and not just for the Police Department. Eligibility/process: • The City would be eligible for a grant up to $100,818 and this grant does not require a local match and the City intends to apply. • The application is due by May 29, 2020, and will use the standard Federal Assistance Form. • If awarded the City would have two years to draw down the eligible funds for reimbursement. CARES Act: Election Assistance Commission (EAC) This funding provides $400 million for Election Security Grants, which will be provided to states and local jurisdictions in order to manage their role in the 2020 election cycle. Eligibility/process: • EAC Commissioners and staff are moving as quickly as possible to provide guidance on how these funds will be distributed. • Staff intends to apply as eligible. Federal Transit Administration (FTA) FTA is allocating $25 billion in CARES funding to recipients of urbanized area and rural area formula funds. These funds are being dispersed to transit agencies based on their 2020 formula funding apportionments. Eligibility/Process: • Transfort will receive a net of $8,719,626 in CARES funding by the FTA. These funds are available at a 100% federal match, there is no local match requirement. 1.a Packet Pg. 15 Attachment: Memo on Federal and State funding sources (9062 : COVID-19 Social and Economic Recovery) 4 • Funding through the CARES Act are available for all operating activities that occur on or after January 20, 2020 that are eligible. Funds are available until expended, there is no lapse date to obligate funds available under the CARES Act. Eligible expenses include: o Fixed route operating expenses; o Some or all of paratransit operating expenses; o Operation and maintenance of Transfort’s fleets and facilities; o Administrative leave; o Some capital and planning projects are also eligible. • Transfort will execute the contract to use these funds through FTA’s existing online portal, the Transit Award Management System (TrAMS). • Transfort will begin the process of contracting for CARES funds immediately; however, the process of executing an agreement in TrAMS takes approximately 4-6 weeks. At that time, Transfort will be able to begin submitting for reimbursements. Other relevant context: • The City of Fort Collins, as designated recipient of the Fort Collins-Loveland- Berthoud Transportation Management Area (TMA), is responsible for determining allocations of federal formula funding throughout the TMA. The TMA has been awarded a total of $12,787,733 in CARES funding for allocation among the four eligible transit agencies: Transfort, City of Loveland Transit (COLT), North Front Range Metropolitan Planning Organization (MPO) and Berthoud Area Transportation Services (BATS). • COLT will receive $2,419,666 of this funding directly from FTA. For disbursements to the other two eligible agencies in the TMA, Transfort will facilitate a funding “exchange” whereby Transfort retains 100% of the federal funds as well as 38% of each agency’s allocation and will pay out the remainder (62%) of their allocations in local funds. Therefore, Transfort will receive a total of $10,368,067 in federal funds while paying $1,648,440 in local funds to MPO and BATS. CARES Act FTA Apportionment Total $12,787,733 Loveland Federal Amount (as Direct Recipient) $2,419,666 Transfort Federal Amount $10,368,067 NFRMPO Allocation (Local Funds) ($1,473,705) BATS Allocation (Local Funds) ($174,736) Transfort Net (Federal – Local) $8,719,626 Federal Emergency Management Agency (FEMA) On March 13, 2020 President Trump declared a national emergency related to COVID-19. On March 28, 2020 the President approved the major disaster declaration for the State of Colorado. By approving this declaration Federal funding is available to the state, tribal and eligible local governments and certain private nonprofit organizations on a cost-sharing basis for emergency protective measures (Category B), including direct federal assistance under Public Assistance, for all areas affected by COVID-19 at a federal cost share of 75 percent. Eligibility/process: • Under the emergency declaration FEMA may provide assistance and reimbursement for the following costs: 1.a Packet Pg. 16 Attachment: Memo on Federal and State funding sources (9062 : COVID-19 Social and Economic Recovery) 5 o Management, control and reduction of immediate threats to public safety:  Emergency Operation Center costs  Training specific to declared event  Disinfection of eligible public facilities in relation to COVID-19 o Purchase and distribution of food, water, ice, medicine, and other consumable supplies, to include personal protective equipment and hazardous material suits o Movement of supplies and persons o Security and law enforcement directly related to COVID-19 o Communication of general health and safety information to the public o Reimbursement for local government force account overtime costs • Reimbursement is being handled through FEMA’s Public Assistance application process. Staff is currently working to set up a login for the City to be able to submit eligible costs for reimbursement. Staff will be able to submit costs on an ongoing basis while the City continues to respond to this disaster. • Once costs are submitted to FEMA, the City and FEMA will review backup documentation to ensure all costs are eligible for reimbursement. Once costs are reviewed the City will sign and Grant application and receive funds. Other relevant context: • The types of funds available listed above is not an all inclusive list and staff continues to research and work with partners at the State and Federal level to identify other costs that may be reimbursable. FEMA will not duplicate assistance provided by other federal agencies, staff will work together closely to ensure we are not asking for funding for the same costs from multiple federal agencies. FEMA reimbursement of costs will not exceed 75%, so the City is responsible for 25% of eligible costs II. State Funding Sources Colorado COVID Relief Fund Launched in mid-March by Governor Polis, funds raised will be used to support the needs of communities impacted by COVID-19 in both response and recovery. The fund will support work in three categories: prevention, impact, and recovery efforts. This will include things like medical and cleaning supplies, food services, early childhood education, small business support, behavioral health services, and more. Eligibility/process: • Organizations across Colorado, including local governments, may receive a general operating grant of up to $25,000. • Online application available at https://covrn.com/covid-relief-fund/ • Organizations helping with the response to COVID-19 are now able to apply for funds. • Rolling application deadlines every two weeks. • City staff will apply as eligible Other relevant context: • Fund is hosted by the State of Colorado and Mile High United Way. • Eligible Organizations: Nonprofit organizations, local government, school districts and small businesses who are: Serving areas of the state with limited nonprofit capacity; and/or Serving a community need resulting from the COVID-19 crisis. Colorado Department of Local Affairs (DOLA) Emergency Disaster Fund $3 million from the Disaster Emergency Fund were allocated to DOLA for emergency rent and mortgage assistance for Coloradans facing economic disruption due to COVID-19 Eligibility/Process; 1.a Packet Pg. 17 Attachment: Memo on Federal and State funding sources (9062 : COVID-19 Social and Economic Recovery) 6 • DOLA is contracting with statewide non-profit agencies & public housing authorities to administer • Neighbor to Neighbor & Housing Catalyst are currently coordinating with DOLA – no allocation plans yet announced • Timeframe for applying is unknown Other relevant context: • Multiple private entities across the state have issued guidance against evictions until after April 30 • Single family federally-backed mortgages can be deferred for up to 180 days • For more information see: https://drive.google.com/file/d/1mMCRLb6PxMPI680_THFn4nqLGAty1jq9/view 1.a Packet Pg. 18 Attachment: Memo on Federal and State funding sources (9062 : COVID-19 Social and Economic Recovery) 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 1.a Packet Pg. 19 Attachment: Memo on Federal and State funding sources (9062 : COVID-19 Social and Economic Recovery) 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.a Packet Pg. 20 Attachment: Memo on Federal and State funding sources (9062 : COVID-19 Social and Economic Recovery) The Northern Colorado Business Retention and Expansion AprilSurvey 28, 2020 Partnership Regional ATTACHMENT 2 1.b Packet Pg. 21 Attachment: Business Survey Results Summary (9062 : COVID-19 Social and Economic Recovery) Regional Economic Development Initiative (REDI) 2 As part of a group of organizations that work closely with businesses on a daily basis, the City of Fort Collins Economic Health Office joined our regional partners to send out a brief survey to understand the impacts of COVID-19 on local business. All organizations including members of the Regional Economic Development Initiative (REDI) sent out the same business survey to their respective companies. 1.b Packet Pg. 22 Attachment: Business Survey Results Summary (9062 : COVID-19 Social and Economic Recovery) Survey Responses 3 Businesses throughout Fort Collins and the region were e- mailed a business questionnaire. Which was also promoted through the City website and social media. As of April 16th (we are still receiving responses): 155 businesses in Fort Collins responded to the survey. 629 businesses in all of Larimer County responded. 1.b Packet Pg. 23 Attachment: Business Survey Results Summary (9062 : COVID-19 Social and Economic Recovery) Industry Responses 4 18.7% of the survey respondents identified in the other category. The next highest categories of respondents were professional services at 15.5% and retail at 14.2%. 1.b Packet Pg. 24 Attachment: Business Survey Results Summary (9062 : COVID-19 Social and Economic Recovery) Changes in Employment 5 53.5% of respondents have made no layoffs or furloughs to their workforce. 40% of respondents have reduced employment or employee hours. 1.b Packet Pg. 25 Attachment: Business Survey Results Summary (9062 : COVID-19 Social and Economic Recovery) Changes to Business Practices 6 74% of businesses implemented both social distancing and increased sanitation practices. 1.b Packet Pg. 26 Attachment: Business Survey Results Summary (9062 : COVID-19 Social and Economic Recovery) Economic Impacts 7 Businesses are experiencing a variety of supply chain disruptions including: • Parts distributors closed • Inability to export to certain countries • Taking longer to receive inventory • Inability to get PPE for employees 1.b Packet Pg. 27 Attachment: Business Survey Results Summary (9062 : COVID-19 Social and Economic Recovery) Business Assistance 8 Over 72% of survey respondents indicated a grant was the type of assistance they were looking for. Almost 37% of businesses stated the minimum amount which would be useful to them is over $25,000. 1.b Packet Pg. 28 Attachment: Business Survey Results Summary (9062 : COVID-19 Social and Economic Recovery) SBAAssistance 9 Over 51% of survey respondents indicated they have never interacted with the SBA. Over 65% of businesses stated the have or will apply for an SBA Economic Injury Loan. 1.b Packet Pg. 29 Attachment: Business Survey Results Summary (9062 : COVID-19 Social and Economic Recovery) Region-wide Data 10 1.b Packet Pg. 30 Attachment: Business Survey Results Summary (9062 : COVID-19 Social and Economic Recovery) Larimer County - Industry Breakout 11 Industry Category Fort Collins All of Larimer (including Fort Collins) Other 18.7% 21.1% Retail 14.2% 12.4% Professional Services 15.5% 11.3% Restaurant/Bar 12.3% 10.0% Hotel/Hospitality 1.3% 9.1% 1.b Packet Pg. 31 Attachment: Business Survey Results Summary (9062 : COVID-19 Social and Economic Recovery) Larimer County - Changes in Employment 12 Employment Changes Fort Collins All of Larimer (including Fort Collins) No Changes 34.8% 35.6% Reduced Employment or Employee Hours 29.0% 37.7% Layoffs 20.6% 24.2% Multiple Changes 11.6% Increased Employment 3.9% 2.5% Laid-off/Furloughed Fort Collins All of Larimer (including Fort Collins) None 53.5% 57.4% 1-10% 8.4% 5.9% 11-30% 3.2% 3.3% 31-50% 5.2% 5.7% More than 50% 29.7% 27.7% 1.b Packet Pg. 32 Attachment: Business Survey Results Summary (9062 : COVID-19 Social and Economic Recovery) Larimer County - Changes to Business Practices 13 71% of businesses implemented increased sanitation practices 67% implemented social distancing 1.b Packet Pg. 33 Attachment: Business Survey Results Summary (9062 : COVID-19 Social and Economic Recovery) Larimer County - Economic Impacts 14 1.b Packet Pg. 34 Attachment: Business Survey Results Summary (9062 : COVID-19 Social and Economic Recovery) Larimer County - Business Assistance 15 Financing Amount Needed Fort Collins All of Larimer (including Fort Collins) $0-$2,500 7.1% 11.0% $2,500-$5,000 9.0% 10.5% $5,000-$10,000 16.1% 17.8% $10,000-$25,000 18.1% 19.4% $25,000 + 36.8% 28.5% Undetermined 12.9% 12.9% 1.b Packet Pg. 35 Attachment: Business Survey Results Summary (9062 : COVID-19 Social and Economic Recovery) Larimer County - SBAAssistance 16 Over 54% of survey respondents indicated they have never interacted with the SBA. Over 63% of businesses stated the have or will apply for an SBA Economic Injury Loan. 1.b Packet Pg. 36 Attachment: Business Survey Results Summary (9062 : COVID-19 Social and Economic Recovery) Historical Fort Collins Data 17 1.b Packet Pg. 37 Attachment: Business Survey Results Summary (9062 : COVID-19 Social and Economic Recovery) Job Growth in Fort Collins MSA 2010-2019 18 Top Growth Industries by % 1) Management of Companies and Enterprises 2) Mining, Quarrying, and Oil and Gas Extraction 3) Wholesale Trade 4) Educational Services 5) Construction Top Growth Industries by # Jobs 1) Accommodation and Food Services 2) Construction 3) Manufacturing 4) Retail Trade 5) Professional, Scientific, and Technical Services 1.b Packet Pg. 38 Attachment: Business Survey Results Summary (9062 : COVID-19 Social and Economic Recovery) Labor Force in Fort Collins 19 Fort Collins' unemployment rate continues to be lower than U.S. averages. 1Q2019 2Q2019 3Q2019 4Q2019 U.S. 3.9% 3.6% 3.6% 3.5% Colorado 3.6% 3.2% 2.6% 2.4% Fort Collins 3.0% 2.3% 2.1% 2.0% 1.b Packet Pg. 39 Attachment: Business Survey Results Summary (9062 : COVID-19 Social and Economic Recovery) Occupations in Fort Collins 20 Life, Physical and Social Science 1) Conservation Scientists 2) Medical Scientists 3) Chemists Architecture and Engineering 1) Civil Engineers 2) Mechanical Engineers 3) Industrial Engineering Technicians Computer and Mathematical 1) Software Developers, Applications 2) All Other Occupations 3) Computer User Support Specialists ¶ These occupations are projected to increase by 9.7% from 2019-2024, outpacing the national projected growth rate of 6.4%. 1.b Packet Pg. 40 Attachment: Business Survey Results Summary (9062 : COVID-19 Social and Economic Recovery) Median Household Income in Fort Collins 21 2010-2018: 1.95% average annual growth rate 1.b Packet Pg. 41 Attachment: Business Survey Results Summary (9062 : COVID-19 Social and Economic Recovery) April 28, 2020 COVID-19 Social & Economic Recovery Jacqueline Kozak Thiel, Josh Birks ATTACHMENT 3 1.c Packet Pg. 42 Attachment: Economic Social Recovery COVID WS Apr28 (9062 : COVID-19 Social and Economic Question for Consideration 2 1. Do Councilmembers support staff's current approach to economic and social recovery? 1.c Packet Pg. 43 Attachment: Economic Social Recovery COVID WS Apr28 (9062 : COVID-19 Social and Economic Strategic Alignment 3 Council Priorities • Equity and Inclusion • Affordable housing • Affordable childcare • Create community jobs • Small business plan Strategic Objectives NLSH 1.2 Collaborate…to address poverty issues and other identified high- priority human service needs… ECON 3.3 Engage the business community 1.c Packet Pg. 44 Attachment: Economic Social Recovery COVID WS Apr28 (9062 : COVID-19 Social and Economic Landscape Assessment • City started from a position of strength • City must rebalance 2020 budget; 2021 budget will be impacted 4 Global • 6-8% of world’s population could be pushed into poverty (Oxfam) National / Statewide • National Unemployment 1 - Claims at 22 million ~ 18%; Colorado 2 - 232,000 Claims ~ 7% (disparate by industry) • Health disparities exacerbated – communities of color, homeless 1 U.S. Department of Labor, Initial Claims, Week ending April 11, 2020 and four preceding weeks; 2 Colorado Department of Labor and Employment, Initial Claims, Week ending April 4, 2020 and four preceding weeks What We Know: What We Don’t: • Now in recession (March forward) • CARES Act Business Support out of $ • Local service providers anticipating significant losses • Severity of decline • Shape/length of recovery • Full impact of federal aid (direct & indirect) • CARES 2.0 • Structural vs. cyclical 1.c Packet Pg. 45 Attachment: Economic Social Recovery COVID WS Apr28 (9062 : COVID-19 Social and Economic Nonprofit Assessment Results 23 responses between April 12th and April 15th (Initial Summary in Packet) 5 Added programs in Direct Response to COVID-19 (5) Changing service delivery methods (6) Increased demand on existing services (4) Anticipate Revenue Loss (8) • Total estimated impact to existing partner nonprofits: • ~$296K additional unreimbursed or unfunded costs to date • ~$1.2M in future funding gaps (includes increased services & funding losses) 1.c Packet Pg. 46 Attachment: Economic Social Recovery COVID WS Apr28 (9062 : COVID-19 Social and Economic Overview of Social Response • Communications and coordination • Partnership with UWLC • Connect First • Adopt a Neighbor • Larimer County Task Force • Housing • Rental assistance • CDBG Funding • RV exemptions • Homelessness • Northside Atzlan, Heritage Park • W Myrtle Site 6 • Equity • Just in Time Equity Lens • Translation of Materials • Vulnerable and Susceptible Populations Working Group 1.c Packet Pg. 47 Attachment: Economic Social Recovery COVID WS Apr28 (9062 : COVID-19 Social and Economic Business Survey Results Workforce Impact: 155 responses between March 25th and April 13th (Detailed Summary in Packet) 7 Business Response: 1.c Packet Pg. 48 Attachment: Economic Social Recovery COVID WS Apr28 (9062 : COVID-19 Social and Economic • Communications and Coordination • NoCoRecovers.com • Weekly Targeted Email • Support Local Campaign • Business Assistance • Consultation • Federal Program Guidance • Sales Tax Deferral • Target $2,000 per month • 60-day deferral Overview of Economic Response • Small Business Relief and Recovery Loan Fund • First $110,000 available now • Working on a County-wide program • Target underrepresented business owners 8 1.c Packet Pg. 49 Attachment: Economic Social Recovery COVID WS Apr28 (9062 : COVID-19 Social and Economic Federal CARES Act* COVID Response Funding Sources *Many funding sources contained within CARES Act 9 Other Sources Individuals Government (Job loss/loss of hours) Small Businesses • Federal o FEMA o FTA o FAA • State o Colorado COVID Relief Fund (Business, Nonprofit, Government) o DOLA Emergency Disaster Fund (Rent Assistance) • Private Sources • State and Local Governments o Election Assistance Commission • City Governments o Coronavirus Emergency Supplemental Funding (CESF) • Expanded unemployment benefits •Stimulus checks • Mortgage assistance • Payroll Protection Program • Economic Injury Disaster Loan Emergency Advance (EIDL) • SBA Express Bridge Loans • SBA Debt Relief 1.c Packet Pg. 50 Attachment: Economic Social Recovery COVID WS Apr28 (9062 : COVID-19 Social and Economic Potential Direction of Federal Funds CDBG ($649K) – Propose prioritizing eligible costs not covered by other sources • City incurred sheltering & response costs • Other shelter operation costs • Emergency assistance for rent, food & utilities • Other non-profit eligible direct program & response costs FTA ($8.7M) • Fixed route operating expenses • Some or all of paratransit operating expenses • Operation and maintenance of Transfort’s fleets and facilities • Administrative leave FAA (~$17M) • Directed at terminal, hangers, and other capital improvements 10 1.c Packet Pg. 51 Attachment: Economic Social Recovery COVID WS Apr28 (9062 : COVID-19 Social and Economic Perspective on Recovery 11 • Unprecedented • Crisis vs. Downturn • Unlike previous recessions • Dynamic Environment • Potential Curve has Three Segments: • Decline • Recovery • Stabilization • Design Recovery in Levels (Nimble) 1.c Packet Pg. 52 Attachment: Economic Social Recovery COVID WS Apr28 (9062 : COVID-19 Social and Economic Phases of Recovery • Tiered recovery • Tier 1 - Response • Tier 2 - Emergence • Tier 3 - Recovery • Adapt response to current needs •Step up or down as needed • Similar structure to other recovery plans 12 VS7 1.c Packet Pg. 53 Attachment: Economic Social Recovery COVID WS Apr28 (9062 : COVID-19 Social and Economic Slide 12 VS7 [@Clay Frickey] [@Josh Birks] Should we work in yesterday's new phrasing from the state of "Stay at Home" vs. "Safer at Home"? Victoria Shaw, 4/21/2020 1.c Packet Pg. 54 Attachment: Economic Social Recovery COVID WS Apr28 (9062 : COVID-19 Social and Economic Principles and Approaches to Recovery • Adaptability in the face of change and uncertainty • Community focused • Centered in equity and inclusion • Policies & infrastructure integrate and maximize economic, environmental and social benefits • Advance regeneration and resilience • Capitalize on opportunities for improvement • Remove regulatory barriers • Apply lessons learned in response • Align, collaborate, and innovate with partners 13 Principles in Action: Response • Emergency shelter at Northside • NoCo Recovers website • Adopt a Neighbor • Emergency Operations Center • Relief and Recovery Loan Fund Principles in Action: Recovery • Co-create recovery with community members • Demonstration projects with partners • Working conditions flexibility 1.c Packet Pg. 55 Attachment: Economic Social Recovery COVID WS Apr28 (9062 : COVID-19 Social and Economic Next Steps • CDBG-CV Funding Appropriation and Resolution Proposed Timeline • May 5 & 19 – First & Second Reading of Appropriation Ordinance • (Tentative) June 2 - Resolution approving (1) Amended HUD Annual Action Plan & (2) funding recommendations (HUD required public meeting) • May 12 – Equity and Inclusion Work Session • Developing internal metrics dashboard • Continue to research promising practices • Form TBL Community Recovery Advisory Group 14 1.c Packet Pg. 56 Attachment: Economic Social Recovery COVID WS Apr28 (9062 : COVID-19 Social and Economic Response Roles • Building on existing partnerships in early responses • Data will continue to inform actions as we progress through recovery phases • Opportunity to advance resilience in the face of unknowns 15 Communication & Coordination Equity Housing Business Homelessness Assistance Sales Tax Deferral Small Business Relief & Recovery Loan Fund Adaptability Community Focus Resilience 1.c Packet Pg. 57 Attachment: Economic Social Recovery COVID WS Apr28 (9062 : COVID-19 Social and Economic Question for Consideration 16 1. Do Councilmembers support staff's current approach to economic and social recovery? 1.c Packet Pg. 58 Attachment: Economic Social Recovery COVID WS Apr28 (9062 : COVID-19 Social and Economic DATE: STAFF: April 28, 2020 Ryan Mounce, City Planner Tom Leeson, Director, Comm Dev & Neighborhood Svrs JC Ward, Senior Planner WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Manufactured Housing Zoning and Residents' Rights Update. EXECUTIVE SUMMARY The purpose of this item is to discuss details and options for a new manufactured housing zone district and to provide an update on implementation of manufactured housing residents’ rights and livability strategies. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Manufactured Housing Zoning 1. Does Council prefer a zone district designed exclusively for manufactured housing preservation (Option A), or a broader zone district that also permits affordable housing options (Option B)? 2. What guidance does Council have on the proposed evaluation criteria for rezoning of existing manufactured housing communities to a new zone district? Residents’ Rights and Livability Strategies 3. Does Council want to pursue mobile home community licensing as an option to address livability issues? BACKGROUND / DISCUSSION City Council has identified mobile home park preservation and resident protections as a priority and in August 2019 instituted a one-year moratorium on the City’s acceptance of any development application which would result in the closure or loss of capacity within existing mobile home parks. In December 2019, staff provided an update at a Council Work Session that a new zoning district is one of the strongest local tools available to help preserve existing manufactured housing and introduced a number of new residents’ rights and livability strategies planned for implementation in 2020 (Attachment 1). As a follow-up, this 2020 work session item presents an update on final elements of the new manufactured housing zone district as well as additional information on manufactured housing licensing as a potential livability strategy. Manufactured Housing Zone District A new manufactured housing zone district is intended to preserve existing manufactured housing communities by limiting options for redevelopment into alternative land uses. While manufactured housing communities may close for any number of reasons, redevelopment can be a primary driver, especially for those parks located in zone districts which permit a wide variety and intensity of land uses, or for parks located in areas where redevelopment activity is occurring or anticipated. Limiting alternative land uses may reduce overall redevelopment pressure and incentivize the continued operation of existing manufactured housing communities as the land use best able to generate long-term income for property owners. For both the residents and owners of manufactured housing communities, a manufactured housing zone district provides clear direction about the community’s long term desire to preserve this type of housing. 2 Packet Pg. 59 April 28, 2020 Page 2 At the same time, there are different tensions and tradeoffs involved in creating a new zone district which strictly limits the availability of other permitted land uses, including: ▪ Preservation of a unique, limited, and affordable type of housing in the community ▪ The potential to perpetuate substandard infrastructure conditions ▪ Limiting a site’s contribution to a broader neighborhood or communitywide land use vision ▪ Impacts to property rights of existing owners The final standards of a new zone district will ultimately influence these tradeoffs and staff’s initial draft of zone district requirements and permitted land uses emphasizes the preservation of existing manufactured housing as a primary consideration. Additionally, because the zone district has been designed to preserve existing manufactured housing, the proposed standards are intended only for existing manufactured home development and would not necessarily apply to new development on vacant land. The new zone district standards are also intended to be broadly applicable to a wide variety of existing development conditions while maintaining health, safety, and compatibility requirements. The act of rezoning a property to a new zone district does not trigger any retroactive requirements so long as the existing site complies with its original development approvals. Rather, the impact of the new standards only comes into enforcement if changes or redevelopment are proposed, or through the passive preservation of the site that results by limiting potential redevelopment to a smaller variety of land uses. Details of the general zone district standards are described below, followed by two framework options for a different set of permitted land uses. Staff is seeking additional Council direction on the draft standards and the framework options prior to preparing a final package of Land Use Code changes. New Zone District: Definitions Prior to the implementation of a new zoning district, staff recommends updates to several Land Use Code definitions to modernize how manufactured housing and manufactured housing communities are described. The current draft definitions would include, or be similar to: Manufactured home shall mean a preconstructed, transportable dwelling unit built on a permanent chassis and installed on a foundation system. The term manufactured home shall also include mobile homes, which are similar transportable dwelling units constructed prior to federal manufactured home standards adopted in 1976. Manufactured housing community shall mean a parcel of land which has been planned, improved, or is currently used for the placement of five or more manufactured homes. Manufactured housing communities may also contain accessory uses intended primarily for the use and benefit of their residents, including but not limited to clubhouses, playgrounds and recreational amenities, childcare, meeting and assembly spaces, retail, and personal and business services. These updated definitions are intended to: ▪ Define manufactured housing and manufactured housing communities (MHC) as the preferred terminology for what are commonly called mobile homes and mobile home parks. ▪ Create consistency and reflect changes in terminology and definitions that have occurred at the federal and state-levels for this type of housing. ▪ Define manufactured housing communities as a land use only when five or more manufactured homes are included on a site, aligning with new state definitions. ▪ Explicitly describe and permit supporting, accessory land uses within manufactured housing communities (additional detail below). During research and outreach for the new zoning district, staff learned about many different types of accessory uses and activities that already occur in some of the manufactured housing communities in the City and Growth Management Area (GMA), including after-school programs, social clubs, educational classes, in-home childcare, religious gatherings, and small-scale retail/vending that serves the needs of residents and their homes (e.g., the 2 Packet Pg. 60 April 28, 2020 Page 3 sale of cleaning supplies or gardening tools). The new definition for a manufactured housing community seeks to explicitly permit these types of activities and uses which are designed and operated primarily for the benefit and support of manufactured housing community residents, as opposed to a wider city audience or customer base. Similar to newer multifamily apartment complexes which provide recreational clubhouses, conference/party rooms, and other activities, these accessory uses act as supporting elements to an otherwise primarily residential development. New Zone District: Dimensional, Size and Density Standards The proposed setback and dimensional standards for the new zone district include: ▪ Minimum 15-foot front yard setbacks (e.g. space required between buildings and the front property line) ▪ Minimum 10-foot side and rear setbacks (e.g. space required between buildings and the side or rear property line) ▪ Minimum 10-foot separation between each manufactured home unit The proposed density for the new zone district: ▪ Maximum of 12 dwelling units per acre Most of the existing manufactured housing communities within city limits are currently located in the Low Density Mixed-Use Neighborhood (LMN) zone district. The LMN district permits up to 12 dwelling units per acre for designated affordable housing projects. While manufactured housing communities are not designated affordable housing (e.g., deed-restricted), they often have similar or cheaper housing costs, and as such, staff is proposing a similar maximum density threshold. The proposed density and setbacks described above are also generally consistent with the existing conditions found in these communities as well as other residential zone districts in Fort Collins which will serve to limit nonconformities with the new zone district standards. A maximum building size and building height is also proposed for the zone district: ▪ Nonresidential building footprints shall be limited to a maximum of 5,000 square feet ▪ Maximum building height of three (3) stories In the event that portions of an existing manufactured housing community is (re)developed, the new zone district can include a maximum building footprint size, reflecting the general character of manufactured housing communities which tend to feature smaller building footprints. The maximum building height of three stories is consistent with the underlying zone districts where other manufactured housing communities are already located. While it is unlikely the height limit would be applicable to traditional manufactured homes, it may be relevant for other types of land uses or (re)development in the zone district, and is also consistent with the height limits of other zone districts in the City with similar development intensities. Permitted Land Uses - Two Options It is likely the land uses which are permitted in the new zone district will have the greatest impact on the preservation of manufactured housing. Two potential framework options are presented below that focus strictly on manufactured housing preservation (Option A), or which also include opportunities for redevelopment if it includes affordable housing (Option B). For both options, the permitted commercial and industrial uses and overall intensity of development are more limited compared to the zone districts where existing manufactured housing communities are currently located. Option A: Manufactured Housing Preservation The following table summarizes the proposed land uses permitted for Option A, broken down by Residential, Commercial/Institutional and Miscellaneous categories. 2 Packet Pg. 61 April 28, 2020 Page 4 Residential Uses Commercial/Institutional Uses Miscellaneous Uses Manufactured housing community Childcare centers Urban agriculture Shelters for victims of domestic violence Adult day/respite care centers Neighborhood parks Group homes Places of worship or assembly Parks, recreation and other open lands Extra occupancy rental houses Minor public facilities Short term primary rentals Wireless telecommunications equipment As part of a strict preservation-minded zone district, Option A includes very few permitted land uses, primarily manufactured housing communities and other land uses which complement residential development or support other community priorities, such as childcare, group homes, neighborhood parks, and urban agriculture. Option B: Affordable Housing Options The following table summarizes the proposed land uses permitted for Option B, broken down by Residential, Commercial/Institutional and Miscellaneous categories. Option B permits additional land uses compared to Option A, highlighted in bold text. Residential Uses Commercial/Institutional Uses Miscellaneous Uses Manufactured housing communities Childcare centers Urban agriculture Shelters for victims of domestic violence Adult day/respite care centers Neighborhood parks Group homes Places of worship or assembly Parks, recreation and other open lands Extra occupancy rental houses Minor public facilities Short term primary rentals Wireless telecommunications equipment Single family detached dwellings* Single-family attached dwellings* Two-family dwellings* Multifamily dwellings* * Requires an equivalent number of affordable units when (re)development results in the loss of manufactured home units. The key difference for Option B is the inclusion of additional residential land uses, with a condition that these units be designated affordable if their development results in the loss of any existing manufactured housing units. This option more explicitly permits private or public redevelopment which preserves an equivalent number of affordable units, rather than the sole preservation of only manufactured homes. Option B may address concerns and ideas heard from stakeholders that a new manufactured housing zone district may perpetuate substandard infrastructure conditions which are often resolved during a site’s redevelopment absent other programs/funding sources. Option B may also allow properties a greater role in contributing to a long-term neighborhood or corridor vision and evolution. Conversely, while an equivalent number of affordable units may be preserved, Option B does not guarantee such units would be made available to existing residents of a manufactured housing and redevelopment could still 2 Packet Pg. 62 April 28, 2020 Page 5 result in resident displacement and the loss of this unique and hard-to-replicate housing option. If framework Option A is used to guide the new zone district, the intent behind Option B or other similar ideas, could still be possible using existing Land Use Code processes, such as a request to rezone a property or through the Addition of a Permitted Use process. Both processes featured enhanced community outreach and require public hearings with both the Planning and Zoning Board and ultimately City Council approval. Rezoning Evaluation Criteria In addition to new zone district standards, future evaluation of sites to rezone to the new zone district will also be necessary. Staff has prepared a preliminary list of criteria it plans to use to help inform decision-making for voluntary or involuntary rezoning of properties. Many of these criteria were originally developed and proposed in the City’s 2013 Affordable Housing Redevelopment and Mitigation Strategy (Attachment 2) which first proposed the idea of a new manufactured housing zone district in the community. ▪ Community/Park Size (Acres and Units) Larger communities may represent a better candidate for rezoning as they represent the majority of land area and inventory of existing manufactured housing units in the community. Larger parks also tend to offer more resident amenities, on-site management, and may be better positioned to fund or amortize maintenance costs and infrastructure upgrades over a larger unit and revenue base. In city limits, the largest communities also tend to be located in commercial or commercial-adjacent areas where redevelopment may be more likely. ▪ Presence of natural hazards The presence of natural or geologic hazards (e.g. floodplains) could be a safety concern and perpetuate unsafe conditions by limiting redevelopment into other land uses or buildings that meet current floodplain standards and regulations. In application, fewer than 10 units in the City’s current manufactured housing inventory are located in floodplains based on current mapping. ▪ Owner-Occupied Units Existing communities feature a variety of housing tenure conditions. Some residents own their unit and only pay lot rent, while others may pay rent for both a unit and land underneath. For communities with a higher percentage of owner-occupied units, there can be additional concern about park closure due to the stranding of assets if residents are unable to find a new location for their home or if they are unable to afford relocation expenses. Communities with a higher proportion of owner-occupied units may be more suitable candidates for rezoning. ▪ City Plan and Subarea Plan Guidance Long-term land use guidance is provided by City Plan and neighborhood or corridor. These documents provide recommendations about the anticipated changes in neighborhood character, redevelopment, and future land use vision. Any rezoning should be consistent with Fort Collins’ comprehensive plan (City Plan). Guidance from the recent City Plan update generally indicates residential zoning for existing manufactured housing communities, which is likely consistent with the new zone district. ▪ Prior Zoning History Prior to 1997, the City had two mobile home park zone districts, with a similar set of land use and dimensional standards to the zone district being developed. For existing manufactured housing communities that were previously located in these zone districts, a rezoning would represent the return to a similar set of permitted land uses and standards. ▪ Infrastructure Conditions A wide variety of infrastructure conditions exists across existing manufactured housing communities, both known and unknown. Communities with more modern infrastructure, or where upgrades have recently been completed may be better positioned for long-term operations as a manufactured housing community and more suitable candidates for rezoning. 2 Packet Pg. 63 April 28, 2020 Page 6 ▪ Stakeholder Outreach As with other (re)zoning processes, stakeholder outreach is an important part of the process. Outreach is ongoing, including updates to the Planning and Zoning and Affordable Housing Boards, and meetings and input with owners/managers of existing communities and residents of manufactured housing. Due to COVID- 19 precautions, some of the planned input opportunities with stakeholders have been delayed and/or will be reoriented towards other formats. Staff anticipates sharing additional input with Council via memo in the coming weeks as additional outreach resumes. Licensing and Residents’ Rights Strategies Update The cross-departmental residents’ rights technical team, established in September 2019 to support Council priorities around manufactured housing livability, continues to meet biweekly to implement three projects to improve transparency and accessibility of resources: Manufactured Housing Community Handbook, Manufactured Housing Neighborhood Improvement and Community-Building Mini-Grants, and Manufactured Housing Neighborhood Liaisons. Internal and external stakeholder groups, resident groups, and manufactured housing community managers and owners are now playing an integral role in identifying livability issues, collaborating with City Staff to access resources, and providing a support network for mobile home community residents. Through this public engagement work, the residents’ rights technical team identified mobile home park licensing and associated inspections as an additional, feasible strategy to protect and enhance neighborhood livability. Implementation Progress: Short-Term Goals (estimated completion March-June 2020) Proposed Municipal Code Changes related to manufactured housing community livability and utility billing transparency will be submitted for Council’s consideration in Q2 2020. Draft ordinance language is attached. (Attachment 3) Proposed Municipal Code Changes 1. Draft ordinance for utility billing transparency directs MHC owners to provide residents the calculations and criteria to manage rebilling for any combined utility services. Customer support for MHC owners and managers to rebill utility services will be provided through Utilities Customer Accounts Department. Resident support for MHC tenants with concerns about utility billing transparency will be provided through Neighborhood Services. 2. Draft ordinance makes tree trimming in manufactured housing communities the responsibility of the MHC owner without passing the costs to residents occupying the lot(s). 3. Draft ordinance adds the following to the existing emergency contact posting requirement: a. Onsite manager’s name and office hours are required to be posted b. All emergency contact information must be posted in English and Spanish 4. Draft ordinance expands the protection for assembling or participating in manufactured housing homeowner’s association meetings (under Colorado state law) to include neighborhood or community meetings for renters and other residents. Enhanced Customer Service 1. Utilities Customer Accounts will work with MHC owners and managers to provide guidance in helping them understand current utility rates and methodology for rebilling combined utility services, that are passed along to residents. 2. To support best management practices for MHC owners and managers, Utilities Customer Accounts will develop a series of spreadsheets to assist MHC owners accurately calculate the bill for each resident. Spreadsheets will be updated annually. Customer Accounts staff is already available to provide this type of information and assistance to MHC owners upon request. Messaging about the availability of this service is incorporated into the public engagement plan for this project. 3. Utilities Community Engagement is researching options regarding manufactured housing community resident eligibility for income-qualified assistance program (IQAP) and will report findings when Utilities 2 Packet Pg. 64 April 28, 2020 Page 7 Affordability Programs (UAP) changes are brought before Council. Code amendments were originally scheduled to come before Council on June 2, 2020, however due to COVID-19 emergency response, this has been delayed and amendments may not come before Council until 2021. In the meantime, Utilities Community Engagement is working closely with Neighborhood Services and neighborhood liaisons to provide information to residents about UAP offerings for which they are currently eligible. Utilities Community Engagement Staff are also providing application assistance to community members to help them apply for appropriate UAP offerings. State-Level Changes related to Mobile Home Park Livability 1. Through the Mobile Home Park Oversight Act Dispute Resolution and Enforcement Program (“Program”), the State of Colorado created a system for MHC registration and investigation of complaints related to the Mobile Home Park Oversight Act. 2. Prohibition of retaliation and/or specific forms of retaliation and limitations on required upgrades to existing mobile homes are clearly outlined in the Colorado Department of Local Affairs Administrative Rules for the Program. City staff recommends no additional Municipal Code changes at this time on these two livability issues, as they are adequately addressed by the Program. Implementation Progress: Mid-Term Goals (estimated completion July-December 2020) 1. Incentivized mediation participation for resident groups, managers, and property owners was determined by Neighborhood Services Mediation staff as unfeasible due to the unbalanced power dynamic between MHC owners/managers and residents. Community Mediation programs remain an available tool for conflict resolution in disagreements between residents. 2. Existing Access Fort Collins tools are being adapted to report MHC resident complaints that are outside the scope of the statewide Program. 3. Budgeting for Outcomes offer for Manufactured Housing Community Neighborhood Grant Fund for infrastructure projects similar to the Vibrant Neighborhood Grant and Community Redevelopment Grant programs funded in the past is currently on hold pending decisions on 2021-22 budget process and guidelines. 4. Through research with internal enforcement groups in Neighborhood Services Code Compliance, Zoning, Building, Utilities Environmental Regulatory Services, and Police Services, gaps in enforcement on mobile home park-specific livability ordinances were determined. Additional resources will be required to address this issue. Implementation Progress: Long-Term Goals (estimated completion after December 2020) 1. An inventory of existing owner installed sub-metered water systems in MHCs is underway. Neighborhood Services and Utilities Customer Accounts are working with MHC owners and managers to determine best practices to distribute utility expenses, including the use of submeters. The installation of sub-meters can support rate discount programs based on income. 2. A La Familia staff member working under the Home 2 Health grant is serving as a valuable Manufactured Housing Neighborhood Liaison for MHC residents in the North College areas in Council Districts 1 and 6, as well as assisting with coordination of messaging for all MHC residents in Fort Collins. Existing Neighborhood Services staff is serving as Manufactured Housing Neighborhood Liaison for 55+ communities. An additional, dedicated Neighborhood Liaison position was in the final stages of the hiring process when a hiring freeze due to COVID-19 was implemented by the City of Fort Collins. Licensing of Manufactured Housing Communities The MHC strategies to address residents’ rights rely heavily on reporting by residents to begin an investigation or offer resources to address manufactured housing community-specific issues. MHCs represent an important housing choice in Fort Collins. While residents may own or rent their home, they always rent the pad the home rests upon. Residents of manufactured housing communities may not have the means to rent or purchase in other neighborhood types. Due to limited availability of manufactured housing units and lots, residents expressed 2 Packet Pg. 65 April 28, 2020 Page 8 discomfort and fear of eviction and retaliation for reporting livability issues to the City. City-initiated strategies to assure residents’ rights will need to expand to incorporate additional proactive methods of identifying livability issues, such as manufactured housing community licensing. An MHC licensing program would require additional financial and staffing resources to develop a licensing program, train staff on MHC licensing inspections, implement annual MHC inspections, and enforce penalties for deficiencies. In researching MHC licensing programs in Colorado, no effective implementation of inspection and enforcement to use as a model could be identified. However, the Community Development and Neighborhood Services Chief Building Official worked with very successful, ongoing MHC licensing programs in municipalities in his previous position in Austin, Texas and maintains positive relationships with municipal staff implementing that program and a similar licensing program in Amarillo, Texas. Both municipalities have been willing to share information and best practices for their MHC licensing programs. A Fort Collins program modeled on those programs would include funding for inspections and administrative costs through licensing fees paid by manufactured housing community owners. Given the recent addition of MHC registration fees and the cost of mobile home lot rent in Fort Collins, particular consideration would need to be given to the additional costs of any MHC licensing fees that might be passed along to residents. ATTACHMENTS 1. December 2019 Manufactured Housing Work Session Summary (PDF) 2. Affordable Housing Redevelopment Displacement Mitigation Strategy (PDF) 3. Proposed Municipal Code Changes (PDF) 4. PowerPoint Presentation (PDF) 2 Packet Pg. 66 ATTACHMENT 1 2.a Packet Pg. 67 Attachment: December 2019 Manufactured Housing Work Session Summary (9040 : Manufactured Housing Zoning & Residents' Rights Update) 2.a Packet Pg. 68 Attachment: December 2019 Manufactured Housing Work Session Summary (9040 : Manufactured Housing Zoning & Residents' Rights Update) ATTACHMENT 2 2.b Packet Pg. 69 Attachment: Affordable Housing Redevelopment Displacement Mitigation Strategy (9040 : Manufactured Housing Zoning & Residents' Rights 2.b Packet Pg. 70 Attachment: Affordable Housing Redevelopment Displacement Mitigation Strategy (9040 : Manufactured Housing Zoning & Residents' Rights 2.b Packet Pg. 71 Attachment: Affordable Housing Redevelopment Displacement Mitigation Strategy (9040 : Manufactured Housing Zoning & Residents' Rights 2.b Packet Pg. 72 Attachment: Affordable Housing Redevelopment Displacement Mitigation Strategy (9040 : Manufactured Housing Zoning & Residents' Rights 2.b Packet Pg. 73 Attachment: Affordable Housing Redevelopment Displacement Mitigation Strategy (9040 : Manufactured Housing Zoning & Residents' Rights 2.b Packet Pg. 74 Attachment: Affordable Housing Redevelopment Displacement Mitigation Strategy (9040 : Manufactured Housing Zoning & Residents' Rights 2.b Packet Pg. 75 Attachment: Affordable Housing Redevelopment Displacement Mitigation Strategy (9040 : Manufactured Housing Zoning & Residents' Rights 2.b Packet Pg. 76 Attachment: Affordable Housing Redevelopment Displacement Mitigation Strategy (9040 : Manufactured Housing Zoning & Residents' Rights 2.b Packet Pg. 77 Attachment: Affordable Housing Redevelopment Displacement Mitigation Strategy (9040 : Manufactured Housing Zoning & Residents' Rights 2.b Packet Pg. 78 Attachment: Affordable Housing Redevelopment Displacement Mitigation Strategy (9040 : Manufactured Housing Zoning & Residents' Rights 2.b Packet Pg. 79 Attachment: Affordable Housing Redevelopment Displacement Mitigation Strategy (9040 : 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& Residents' Rights 2.b Packet Pg. 106 Attachment: Affordable Housing Redevelopment Displacement Mitigation Strategy (9040 : Manufactured Housing Zoning & Residents' Rights 2.b Packet Pg. 107 Attachment: Affordable Housing Redevelopment Displacement Mitigation Strategy (9040 : Manufactured Housing Zoning & Residents' Rights 2.b Packet Pg. 108 Attachment: Affordable Housing Redevelopment Displacement Mitigation Strategy (9040 : Manufactured Housing Zoning & Residents' Rights 2.b Packet Pg. 109 Attachment: Affordable Housing Redevelopment Displacement Mitigation Strategy (9040 : Manufactured Housing Zoning & Residents' Rights 2.b Packet Pg. 110 Attachment: Affordable Housing Redevelopment Displacement Mitigation Strategy (9040 : Manufactured Housing Zoning & Residents' Rights 2.b Packet Pg. 111 Attachment: Affordable Housing Redevelopment Displacement Mitigation Strategy (9040 : Manufactured Housing Zoning & Residents' Rights 2.b Packet Pg. 112 Attachment: Affordable Housing 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Affordable Housing Redevelopment Displacement Mitigation Strategy (9040 : Manufactured Proposed Municipal Code Changes/Updates Related to Mobile Home Park Livability Per request from Council for research and Staff recommendation 4.17.20 1. Propose as an amendment to City of Fort Collins Municipal Code Sec. 18-6(a) Designation of Manager – Every mobile home park shall designate a person to act as manager of the park for the purpose of providing supervision of such mobile home park. Such manager shall be accessible to park residents and the public during reasonable and convenient times. An emergency telephone number, on-site manager’s name, and regular office hours shall be posted in a conspicuous location near the park entrance or on-site manager’s office with instructions for emergency contact in both English and Spanish. 2. Propose as an addition to City of Fort Collins Municipal Code Sec. 18-6 Limitation on Required Upgrades to Existing Mobile Homes. No person, including mobile home park owners and property managers, shall require a mobile home resident to make improvements to a mobile home or mobile home lot aside from maintenance, repair, and upkeep related to the mobile home’s exterior to ensure that it complies with the mobile home park’s rules and regulations, so long as such rules and regulations are in compliance with applicable local, state and federal law. 3. Propose as an addition to City of Fort Collins Municipal Code Sec. 18-6 Neighborhood and Community Meetings. No mobile home park owner or property manager shall prohibit or interfere with peaceful assemblies of neighborhood groups and/or community meetings in the mobile home park. A mobile home park owner and/or manager shall not take any retaliatory actions against a resident for participation in community meetings. 4. Propose as an addition to City of Fort Collins Municipal Code Sec. 18-6(c) Trees in mobile home parks are the responsibility of park owners. No park owner shall require a resident to bear the expense of maintenance of trees in a mobile home park. 5. Propose as amendment to City of Fort Collins Municipal Code Sec. 26-725 Mobile home park owners billing residents for water, wastewater, and stormwater service (a) Application. This section shall apply to customers that are mobile home park owners, as defined in Chapter 18. (b) Water. A mobile home park owner shall be entitled to bill and collect from the residents of the mobile home park a sum total amount equal to the sum of the water- related rates, fees, and charges imposed pursuant to§ 26-118, § 26-119, § 26-213, § 26-126, and § 26-127. The mobile home park owner shall bill each mobile home lot for the lot’s portion of said fees and charges based on data from a water meter measuring water delivered to the lot, or if no such meter exists or is functioning properly, the bill shall be based on the lot’s proportionate amount of said fees and charges based on the total number of mobile home lots in the mobile home park or some other reasonable basis.. (c) Wastewater. A mobile home park owner shall be entitled to bill and collect from the residents of the mobile home park a sum total amount equal to sum of the wastewater-related rates, fees, and charges imposed pursuant to § 26-277, § 26- 280, and § 26-281. The mobile home park owner shall bill each mobile home lot for the lot’s portion of said fees and charges based on data from a water meter measuring water delivered to the lot, or if no such meter exists or is functioning properly, the bill shall be based a proportionate amount of said fees based on the ATTACHMENT 3 2.c Packet Pg. 121 Attachment: Proposed Municipal Code Changes (9040 : Manufactured Housing Zoning & Residents' Rights Update) total number of mobile home lots in the mobile home park, or some other reasonable basis. (d) Stormwater. A mobile home park owner shall be entitled to bill and collect from the residents of the mobile home park a sum total amount equal to the sum of the stormwater utility fee imposed pursuant to § 25-513 and § 26-514. The mobile home park owner shall bill each mobile home lot a proportionate amount of said fees based on the total number of mobile home lots in the mobile home park, or some other reasonable basis. (e) Form of Bills. A mobile home park owner shall only bill and collect for water, wastewater, and stormwater services from the residents of the mobile home park using bills that are in writing that (1) show the fees and charges for water, wastewater, and stormwater services as three separate line items on the bill, and (2) describe in detail how the fees and charges billed to the resident for water, wastewater, and stormwater services were calculated pursuant to Subsections (b), (c), and (d). 2.c Packet Pg. 122 Attachment: Proposed Municipal Code Changes (9040 : Manufactured Housing Zoning & Residents' Rights Update) April 28, 2020 Manufactured Housing Zoning Update ATTACHMENT 4 2.d Packet Pg. 123 Attachment: PowerPoint Presentation (9040 : Manufactured Housing Zoning & Residents' Rights Update) Work Session Overview Zone District Update § Existing zoning & conditions § New zone district standards § Rezoning criteria Livability / Residents’ Rights Strategies § Implementation update § Licensing 2 2.d Packet Pg. 124 Attachment: PowerPoint Presentation (9040 : Manufactured Housing Zoning & Residents' Rights Update) 3 Direction Sought New Manufactured Housing Zone District 1) Does Council prefer a zone district designed exclusively for manufactured housing preservation (Option A), or a broader zone district that also permits affordable housing options (Option B)? 2) Does Council have guidance on staff’s proposed criteria for the evaluation of sites to rezone? Livability / Residents’ Rights Strategies 3) TBD – Add from neighborhood services 2.d Packet Pg. 125 Attachment: PowerPoint Presentation (9040 : Manufactured Housing Zoning & Residents' Rights Update) 4 Background Manufactured Housing Zone District § Local tool to preserve existing manufactured housing § Reduces redevelopment options § Tradeoffs & tensions: § Strict vs. flexible standards & effectiveness of preservation § May perpetuate substandard infrastructure § Impact on long-term neighborhood vision § Private property rights 2.d Packet Pg. 126 Attachment: PowerPoint Presentation (9040 : Manufactured Housing Zoning & Residents' Rights Update) Zone Development Timeline 5 City Limits Manufactured Home Community GMA Boundary City GMA Total Communities 10 14 24 Home Sites 1,400 2,137 3,537 Manufactured Housing Community (MHC) Locations in the Fort Collins GMA 2.d Packet Pg. 127 Attachment: PowerPoint Presentation (9040 : Manufactured Housing Zoning & Residents' Rights Update) Zone Development Timeline 6 City Limits MHC in Residential Zone District MHC in Commercial Zone District Existing Zoning (city limits) Residential Zoning § 6 located in Low Density Mixed-Use Neighborhood (LMN) District § 1 located in Neighborhood Conservation Buffer (NCB) District Commercial Zoning § 2 located in Service Commercial (CS) District Mixed Zoning § 1 located in two zone districts (CS & LMN) 2.d Packet Pg. 128 Attachment: PowerPoint Presentation (9040 : Manufactured Housing Zoning & Residents' Rights Update) 7 Existing Standards Existing CS & LMN Zoning: § No manufactured housing specific standards § Rely on ‘General Development Standards’ in Land Use Code § Wide variety of permitted uses and intensities CS LMN § 95 permitted uses; mostly commercial § No density maximum § 3-story height limit § 43 permitted uses; mostly residential § Maximum density of 9 dwelling units/acre (12 if affordable) § 3-story height limit 2.d Packet Pg. 129 Attachment: PowerPoint Presentation (9040 : Manufactured Housing Zoning & Residents' Rights Update) New Zone District - Definitions Proposed Definitions: Manufactured home shall mean a preconstructed, transportable dwelling unit built on a permanent chassis and installed on a foundation system. The term manufactured home shall also include mobile homes, which are similar transportable dwelling units constructed prior to federal manufactured home standards adopted in 1976. Manufactured housing community shall mean a parcel of land which has been planned, improved, or is currently used for the placement of five or more manufactured homes. Manufactured housing communities may also contain accessory uses intended primarily for the use and benefit of their residents, including but not limited to clubhouses, playgrounds and recreational amenities, childcare, meeting and assembly spaces, retail, and personal and business services. 8 2.d Packet Pg. 130 Attachment: PowerPoint Presentation (9040 : Manufactured Housing Zoning & Residents' Rights Update) New Zone District - Definitions Purpose of new definitions: § Update terminology and align with state/federal definitions § Manufactured housing preferred name vs. mobile home § Define a minimum size (5 or more manufactured homes) § Permit accessory uses within manufactured housing community § Childcare § Vending § Gatherings / trainings / classes 9 2.d Packet Pg. 131 Attachment: PowerPoint Presentation (9040 : Manufactured Housing Zoning & Residents' Rights Update) New Zone District - Standards 10 Standard Measurement Notes Setbacks (Front): 15-ft (Side): 10-ft (Rear): 10-ft § Common distance for existing development; similar to other residential zoning Unit Separation 10-ft (all directions) § Fire separation requirements Density Maximum 12 units/acre § Modeled after LMN affordable housing standard Height Maximum 3-stories § Existing zoning & site context Building Size Maximum 5,000 sf footprint § Compatibility for nonresidential development Other/misc. Use Article 3 ‘General Development Standards’ 2.d Packet Pg. 132 Attachment: PowerPoint Presentation (9040 : Manufactured Housing Zoning & Residents' Rights Update) New Zone District – Permitted Uses 11 Permitted Uses: § High impact in the preservation of existing manufactured housing § Determines (re)development potential Framework Options for Permitted Uses: A B Manufactured Housing Preservation (more strict) Affordable Housing Options/Preservation (flexibility for affordable housing) 2.d Packet Pg. 133 Attachment: PowerPoint Presentation (9040 : Manufactured Housing Zoning & Residents' Rights Update) New Zone District – Permitted Uses 12 Residential Uses Commercial / Institutional Uses Miscellaneous Uses Manufactured housing community Childcare centers Urban agriculture Shelters for victims of domestic violence Adult day/respite care centers Neighborhood parks Group homes Places of worship or assembly Parks, recreation and other open lands Extra occupancy rental houses Minor public facilities Short term primary rentals Wireless telecommunications equipment A Manufactured Housing Preservation 2.d Packet Pg. 134 Attachment: PowerPoint Presentation (9040 : Manufactured Housing Zoning & Residents' Rights Update) New Zone District – Permitted Uses 13 A B Affordable Housing Options Residential Uses Commercial / Institutional Uses Miscellaneous Uses Manufactured housing communities Child care centers Urban agriculture Shelters for victims of domestic violence Adult day/respite care centers Neighborhood parks Group homes Places of worship or assembly Parks, recreation and other open lands Extra occupancy rental houses Minor public facilities Short term primary rentals Wireless telecommunications equipment Single family detached dwellings * Single-family attached dwellings * Two-family dwellings * Multifamily dwellings * Bold = additional land uses compared to Option A * Requirement for designated affordable units when (re)development results in the loss of manufactured housing 2.d Packet Pg. 135 Attachment: PowerPoint Presentation (9040 : Manufactured Housing Zoning & Residents' Rights Update) Considerations & Tradeoffs 14 Option § Specific preservation of manufactured housing § Larger impact on private property rights § Very limited change or redevelopment potential Option § More potential for site changes, if affordable housing is included § Conversion to affordable housing may still lead to displacement; loss of unique type of housing § Redevelopment potential could help improve infrastructure A B 2.d Packet Pg. 136 Attachment: PowerPoint Presentation (9040 : Manufactured Housing Zoning & Residents' Rights Update) Rezoning Evaluation Criteria 15 CRITERIA NOTES: Size (acres/# units) Larger = rezoning candidate Presence of Natural Hazards Present = not a candidate % Owner Occupied Units Higher = rezoning candidate Comp. / Policy Plan Guidance Aligns = rezoning candidate Zoning History Prior MH zone = rezoning candidate Infrastructure Conditions Poor = not a candidate Stakeholder Input 2.d Packet Pg. 137 Attachment: PowerPoint Presentation (9040 : Manufactured Housing Zoning & Residents' Rights Update) Zoning Next Steps 16 Targeted Outreach Continues: § Boards & Commissions, Residents, Owners/Managers § Outreach with some owners has been difficult § Reorienting outreach approach due to COVID-19 Updated Timeline & Process § Separate the Land Use Code (LUC) and rezoning processess § Bring LUC amendments forward first this spring § Bring forward rezonings based on COVID-19 precautions (quasi-judicial hearings) 2.d Packet Pg. 138 Attachment: PowerPoint Presentation (9040 : Manufactured Housing Zoning & Residents' Rights Update) Recent Improvements 2019 Improvement / Project Progress Project Completion Timeline Mobile Home Park (“MHP”) Neighborhood Handbook • Public Outreach to MHP residents, owners, managers, and community partners for content • Research of related handbooks completed • July 2020 MHP Mini-Grant Program • Implementation process completed • Application draft completed • Outreach events ongoing & scheduled with 7 MHP’s • Completed • Round 2 disbursement August 2020 Neighborhood Liaisons • Community partners identified as existing liaisons for 3 MHP’s • Created landing webpage & Microsoft Team for MHP issues and resources • December 2021 for all MHP’s in city limits and GMA • On hold 2.d Packet Pg. 139 Attachment: PowerPoint Presentation (9040 : Manufactured Housing Zoning & Residents' Rights Update) Summary of Residents’ Rights Strategies Completed In Progress/ Underway Mid Term (7-12 months) Long Term / Resources Req. Website Liaisons (highest need parks) Accessory structures privileges Negotiated investments Mini-Grants Round 1 Handbook Privacy Rights Single Metering (water) Maintenance Responsibilities LHIP & Emergency Grants Liaisons (all parks) Utility Billing Transparency Partner/Contractor Projects CARE; LCCC Sale notice & purchase opportunity Trees Maintenance Local Complaint System Enforcement of Existing Municipal Code (Section 18) Limitation of required upgrades 2.d Packet Pg. 140 Attachment: PowerPoint Presentation (9040 : Manufactured Housing Zoning & Residents' Rights Update) Mobile Home Community Licensing Mobile Home Community Licensing Program: § Proactive approach to identifying livability issues § Removes pressure on residents to report livability issues § Provides transparent standards for MHC owners and managers § Existing programs in other states could be a model for MHC licensing in Fort Collins § Some program cost recovery from license fees 19 2.d Packet Pg. 141 Attachment: PowerPoint Presentation (9040 : Manufactured Housing Zoning & Residents' Rights Update) Mobile Home Community Licensing Mobile Home Community Licensing Program: § Development of the licensing requirements and piloting would require additional resources § Licensing fees or inspection fees could potentially be passed to residents through MHC lot rent or community fees § Setting reasonable licensing or inspection fees requires additional market research § Educational outreach would be necessary for MHC owners, managers and residents prior to implementation 20 2.d Packet Pg. 142 Attachment: PowerPoint Presentation (9040 : Manufactured Housing Zoning & Residents' Rights Update) 21 Direction Sought New Manufactured Housing Zone District 1) Does Council prefer a zone district designed exclusively for manufactured housing preservation (Option A), or a broader zone district that also permits affordable housing options (Option B)? 2) Does Council have guidance on staff’s proposed criteria for the evaluation of sites to rezone? Livability / Residents’ Rights Strategies 3) TBD – Add from neighborhood services 2.d Packet Pg. 143 Attachment: PowerPoint Presentation (9040 : Manufactured Housing Zoning & Residents' Rights Update)