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Home My WebLink AboutCOUNCIL - COMPLETE AGENDA - 06/16/2020 - REGULAR 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 Regular Meeting June 16, 2020 (Revised 6/15/20) PUBLIC PARTICIPATION FOR COUNCIL MEETINGS View Meeting Agenda There will be four options for people who would like to participate in the meeting:  Live via the Zoom online meeting,  Live via the telephone,  Live in Council Chambers,  By submitting emails to Council at cityleaders.com. All options will be available for those wishing to provide general public comment, as well as public comment during individual discussion items. PUBLIC PARTICIPATION (ONLINE): Individuals who wish to address Council via remote public participation can do so through Zoom at https://tinyurl.com/fccouncilmeeting2020. The link and instructions are also posted at www.fcgov.com/councilcomments. Individuals participating in the Zoom session should also watch the meeting through that site, and not via FCTV, due to the streaming delay and possible audio interference. The Zoom meeting will be available beginning at 5:15 p.m. on the day of the meeting. Participants wanting to ensure their equipment setup is working should join prior to 6:00 p.m. For public comments, the Mayor will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to address Council. In order to participate, you must:  Have an internet-enabled smartphone, laptop or computer.  Using earphones with a microphone will greatly improve your audio experience.  Join the Zoom meeting.  You can find the link on the front page of the agenda or on the City’s home webpage at www.fcgov.com. City of Fort Collins Page 2  If you use the City’s home page, simply click on the “Participate remotely in Council Meeting” link shown near the top of the page.  Please remember to not watch/stream FCTV at the same time due to delays and possible feedback issues. PUBLIC PARTICIPATION (PHONE OPTION):  Dial public participation phone number, 1-346-248-7799. Enter the Meeting ID for the June 16 meeting: 982 4141 6497 followed by the pound sign (#).  Phone participation information is also available on the City’s home webpage by clicking on the “Remote Public Participation Instructions” link shown near the top of the page.  The meeting will be available beginning at 5:15 p.m. Please call in to the meeting prior to 6:00 p.m., if possible. For public comments, the Mayor will ask participants to indicate if you would like to speak at that time – phone participants will need to press *9 to do this. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address Council. Once you join the meeting:  DO NOT Watch/stream FCTV at the same time due to streaming delay and possible audio interference. PUBLIC PARTICIPATION (IN PERSON): To participate in person, individuals should come to City Hall and be prepared to follow strict social distancing, sanitizer and facial covering guidelines.  No more than 10 individuals will be allowed in Council Chambers. Therefore, staging for individuals who wish to speak will occur in the City Hall lobby and outside (weather permitting).  Only one speaker at a time will be allowed to enter Council Chambers.  Individuals will be required to wear masks while inside City Hall and any other City buildings being utilized.  Once a speaker has provided comments, he or she will be asked to leave Council Chambers to make room for the next speaker. WATCH THE MEETING:  Anyone can view the Council meeting live on Channels 14 and 881 or online at www.fcgov.com/fctv. PUBLIC PARTICIPATION (VIA EMAIL): 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. 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. 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 City of Fort Collins Page 3 Persons wishing to display presentation materials using the City’s display equipment under the Citizen Participation portion of a meeting or during discussion of any Council item must provide any such materials to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2) hours prior to the beginning of the meeting at which the materials are to be presented. NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to election matters must be provided to the City Clerk no later than noon on the day of the meeting at which the item will be considered. See Council Rules of Conduct in Meetings for details. The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Proclamations and Presentations 5:45 p.m. The Mayor will share highlights of each proclamation listed below but will not read proclamations in their entirety. A. Proclamation Declaring the Week of July 11-18, 2020, as Flood Awareness Week. B. Proclamation Declaring June 2020 as LGBTQ Pride Month. Regular Meeting 6:00 p.m.  PLEDGE OF ALLEGIANCE  CALL MEETING TO ORDER  ROLL CALL  AGENDA REVIEW: CITY MANAGER  City Manager Review of Agenda.  Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items.  PUBLIC COMMENT City of Fort Collins Page 4 Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council.  Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes).  All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting).  The presiding officer will determine and announce the length of time allowed for each speaker.  Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk.  A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will beep again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]  PUBLIC COMMENT FOLLOW-UP Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. If the presiding officer determines that the number of items pulled from the Consent Calendar by citizens is substantial and may impair the Council’s ability to complete the planned agenda, the presiding officer may declare that the following process will be used to simplify consideration of the Citizen-Pulled Consent Items: (1) All citizen-pulled items (to be listed by number) will be considered as a group under the heading “Consideration of Citizen-Pulled Consent Items.” (2) At that time, each citizen wishing to speak will be given a single chance to speak about any and all of the items that have been moved to that part of the agenda. (3) After the citizen comments, any Councilmember may specify items from the list of Citizen-Pulled Consent Items for Council to discuss and vote on individually. Excluding those specified items, Council will then adopt all “Citizen-Pulled Consent Items” as a block, by a single motion, second and vote. (4) Any Citizen-Pulled Consent Items that a Councilmember has asked to be considered individually will then be considered using the regular process for considering discussion items. City of Fort Collins Page 5 1. Consideration and Approval of the Minutes of the May 12, 2020 Adjourned Council Meeting and May 19, 2020 Regular Council Meeting. The purpose of this item is to approve the minutes from the May 12, 2020 Adjourned Council Meeting and the May 19, 2020 Regular Council meeting. 2. Second Reading of Ordinance No. 076, 2020, Appropriating Prior Year Reserves in the Light and Power Fund, the Water Fund, the Wastewater Fund, and the Stormwater Fund, and Authorizing the Transfer of Previously Appropriated Funds in the Broadband Fund for the Utilities Customer Information and Billing System Project. This item meets the following COVID-19 emergency priorities for being on the Council agenda:  Priority 6 - Items that relate to funding, operation and business activities that the City must continue despite of the current crisis This Ordinance, unanimously adopted on First Reading on June 2, 2020, appropriates an additional $950,000 to purchase a Customer Information System with an Operational Support System (CIS/OSS) for electric, water, wastewater, stormwater and broadband billing services, replacing the legacy billing system. The CIS/OSS is the billing system that will collect revenues for utility and broadband services, serving as the accounting ledger for Utilities revenue, which currently generates over $212 million in annual total revenue through an average of 84,400 monthly utility bills and service requests for residential and commercial customers. 3. Second Reading of Ordinance No. 077, 2020, Appropriating Unanticipated Grant Revenue and Authorizing Transfers in the General Fund for the Emergency Management Performance Grant. This item meets the following COVID-19 emergency priority for being on the Council agenda:  Priority 2 - Emergency-related items that are not urgent but require Council approval. This Ordinance, unanimously adopted on First Reading on June 2, 202, appropriates unanticipated grant revenue in the General Fund for the Emergency Management Performance Grant-Special Projects. This appropriation includes $10,000 of grant revenue provided by the Colorado Division of Homeland Security and Emergency Management (DHSEM) to support emergency management programs. The grant directly supported purchasing an emergency management credentialing system (Salamander) and required a local match of $10,951. Matching funds were appropriated and unexpended in the 2020 Emergency Preparedness and Security operating budget and will be transferred to the Emergency Management Performance Grant-Special Projects program. 4. Second Reading of Ordinance No. 078, 2020 Making a Supplemental Appropriation in the General Fund for the Restorative Justice Services Program. This item meets the following COVID-19 emergency priority for being on the Council agenda:  Priority 6 - Items that relate to funding, operation, and business activities that the City must continue despite the current crisis. This Ordinance, unanimously adopted on First Reading on June 2, 2020, appropriates grant revenue to fund Restorative Justice Services within Community Development and Neighborhood Services (CDNS). The City has received an amendment to an existing grant providing $12,474 in additional funds from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund to support Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) and Reflect Program for all other offenses. The amendment to the existing grant provides additional funds for a specific project - the creation of videos and other outreach materials to increase awareness for Restorative Justice Services. No match is required. The additional funds were awarded from extra funds the state grant funding agency made available toward the end of the grant cycle (7/1/2019-6/30/2020) and the funds must be spent by June 30, 2020, the end of the current grant cycle. City of Fort Collins Page 6 5. Second Reading of Ordinance No. 079, 2020, Amending and Superseding Ordinance No. 061, 2020 Enacting Temporary Procedures for Remote Participation in Certain Meetings. This Ordinance, unanimously adopted on First Reading on June 2, 2020, updates and replaces Ordinance No. 061, 2020, to allow Council to conduct business that has been postponed due to the local emergency set forth in the Ordinance. This Ordinance will also allow boards and commissions to conduct business remotely using technology set in place for Council meetings. This Ordinance has been amended on Second Reading to change the time required to notify City Clerk of remote participation from thirty-six (36) hours to three (3) hours. 6. Resolution 2020-055 Authorizing Acquisition of Certain Assets and Operational Control of the Community Solar Project Located at the Riverside Avenue and Mulberry Street Intersection. This item meets the following COVID-19 emergency priority for being on the Council agenda:  Priority 4 - Items that are substantially complete, have completed significant public process, and are ready for Council consideration. The purpose of this item is to authorize Fort Collins Utilities (“Utilities”) acquisition of the assets of the Riverside Community Solar Project from Clean Energy Collective (“CEC”). Utilities will subsequently perform all program management and customer support functions, as well as operations and maintenance of the facility. CEC has been the owner, developer and operator of the Riverside Community Solar array since its construction in 2014-2015. CEC and Utilities have reached agreement on a transfer of ownership of the assets of the solar site to consolidate all program functions under Utilities. Current customers who own panels in the solar array will continue to receive credits on their bill, as they do today, based on the City’s applicable time of day rates as set forth in the City Code. 7. Resolution 2020-058 Declaring that Fort Collins is Essential and Expressing Council's Support of Fair, Direct Federal Emergency Support to Reopen and Rebuild Local American Economies. The purpose of this item is to provide support for the National League of Cities’ efforts as they implore Congress to provide direct federal support to all of America’s cities regardless of population size. END CONSENT  CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar.  STAFF REPORTS A. Community Dashboard Metric-Response to Priority 1 Calls (staff: Rena Martinez, John Feyen) B. COVID-19 Update-Workforce Development Update (staff: Josh Birks)  COUNCILMEMBER REPORTS  CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS City of Fort Collins Page 7 Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (three minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 8. Items Relating to the Completion of the 2020 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG) Program, Federal HOME Investment Partnerships (HOME) Program, the City’s Affordable Housing Fund (AHF) and the City’s Human Services Program (HSP), and Appropriating Funding Accordingly. (staff: Adam Molzer; 5 minute presentation, 30 minute discussion) A. Public Hearing and Resolution 2020-056 Approving the Programs and Projects that Will Receive Funds from the Federal Community Development Block Grant Program, HOME Investment Partnerships Program, the City’s Affordable Housing Fund, and the City’s Human Services Program. B. Public Hearing and First Reading of Ordinance No. 081, 2020, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. C. Public Hearing and First Reading of Ordinance No.082, 2020, Appropriating Unanticipated Revenue in the HOME Investment Partnerships Fund. This item meets the following COVID-19 emergency priorities for being on the Council agenda:  Priority 7 - Items that are required to comply with federal or state legal or other requirements. The purpose of this item is to approve funding recommendations of the 2020 Spring Cycle of the Competitive Process and appropriate federal dollars. The Resolution will complete the 2020 Spring Cycle of the Competitive Process for allocating $3,480,278 in City financial resources to affordable housing and public facility projects, human service programs and administration of the programs. The Ordinances will appropriate the City’s FY2020 CDBG Entitlement Grant and FY2020 HOME Participating Jurisdiction Grant from the Department of Housing and Urban Development (HUD), and CDBG program income and CDBG reconciled funds from FY2018 and FY2019, and HOME program income and HOME reconciled funds from FY2018 and FY2019. City of Fort Collins Page 8 9. Second Reading of Ordinance No. 044, 2020, Updating the Harmony Corridor Plan for the Gateway Area and the Harmony Corridor Standards and Guidelines. (staff: Cameron Gloss; 5 minute presentation; 60 minute discussion) This item meets the following COVID-19 emergency priorities for being on the Council agenda:  Second Reading Ordinance  Items that are substantially complete, have completed significant public process, and are ready for Council consideration. These items are being brought forward to help ensure that work does not have to be redone and can continue to move forward. This Ordinance, adopted on First Reading on March 3, 2020, by a vote of 4-2 (Nays: Summers, Troxell; Gorgol absent) amends the Harmony Corridor Plan and the Harmony Corridor Standards and Guidelines by adopting revised Plan polices, standards and guidelines pertaining to the “gateway” area located west of I-25. 10. Resolution 2020-057 Appointing Two Representatives to the Selection Committee for the Jointly Appointed Larimer County and City of Fort Collins Boxelder Basin Regional Stormwater Authority Board of Directors. (staff: Theresa Connor, Ken Sampley; 5 minute presentation, 10 minute discussion) This item meets the following COVID-19 emergency priority for being on the Council agenda:  Priority 4 - Items that are substantially complete, have completed significant public process, and are ready for Council consideration. The purpose of this item is for City Council to appoint two representatives to serve on the interview and selection committee for the Jointly Appointed Larimer County and City of Fort Collins Boxelder Basin Regional Stormwater Authority Board Director. The selected candidate will then be considered for appointment by each elected body. 11. First Reading of Ordinance No. 083, 2020 Imposing a Moratorium Until January 31, 2021, Upon the City's Acceptance and Processing of Applications for Approval of New Service Plans for Metropolitan Districts. (staff: Josh Birks, Paul Sizemore; 5 minute presentation, 30 minute discussion) This item meets the following COVID-19 emergency priority for being on the Council agenda:  Priority 5 - Items that must move forward based on a Council directed timeline.  Priority 6 - Items that relate to funding, operation and business activities that the City must continue despite the current crisis. The purpose of this item is for Council to consider a moratorium until January 31, 2021, upon the City’s acceptance and processing of new applications for approval of service plans for Metropolitan Districts. This moratorium will apply to the consideration of new Service Plans, but not to the amendment of Metropolitan District Service Plans previously approved by Council or to the consideration of agreements with the City as contemplated in such Service Plans. For example, the moratorium would not apply to Council’s consideration of Public Benefit Agreements and Intergovernmental Agreements contemplated in certain existing Service Plans.  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS City of Fort Collins Page 9  OTHER BUSINESS A. Discussion of possible Council next steps regarding equity and inclusion and community concerns regarding police policies and related social impacts. B. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.) C. Consideration of a motion to cancel the Tuesday, July 7, 2020 Regular Council meeting. “I move that Council cancel its regular meeting of July 7, 2020, pursuant to City Code Section 2- 28(a), in light of the Independence Day holiday weekend.”  ADJOURNMENT A. Consideration of a motion to adjourn to 6:00 p.m., Tuesday, June 23, 2020. “I move that Council adjourn this meeting to 6:00 p.m., Tuesday, June 23, 2020, to consider items relating to funding for non-congregate shelter facilities and for such other business as may come before the Council.” Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. PROCLAMATION WHEREAS, April to September is the season most commonly associated with snowmelt flooding and thunderstorm flash flooding; and WHEREAS, Fort Collins has experienced the social, economic and environmental consequences of loss of life and damage to property caused by flood disasters; and WHEREAS, emergency preparedness depends on the leadership and efforts of public officials dedicated to public safety and requires the establishment of farsighted and proactive public policy; and WHEREAS, Fort Collins Utilities was awarded a Community Rating System Class 2 designation by the Federal Emergency Management Agency, recognizing the City’s comprehensive Stormwater and Floodplain Management Program; and WHEREAS, Fort Collins citizens have benefited from the past investment in stormwater infrastructure, however it is important to recognize that additional infrastructure is needed to continue to mitigate flooding in areas that are not yet protected. WHEREAS, by informed and prepared, and taking proper protective action, the residents of Fort Collins can reduce the potential for loss of life and damage to property when threatened by these events, and NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim the week of July 11-18, 2020, as FLOOD AWARENESS WEEK IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 16th day of June, A.D. 2020. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 9 PROCLAMATION WHEREAS, City Council and staff have committed to making Fort Collins an inclusive and welcoming community for all, including the LGBTQ+ community; and WHEREAS, the United States Supreme Court ruled in June 2015 that same-sex couples can marry nationwide, establishing a new and long overdue civil right in our country; and WHEREAS, former president Barack Obama designated the first national monument to LGBTQ+ rights in June 2016, honoring the LGBTQ+ community’s long-term presence and struggle for equality across our nation; and WHEREAS, members of the Fort Collins community who are Lesbian, Gay, Bisexual, Transgender, Queer or Questioning, Intersex and Asexual have the right to feel safe and to live without the threat of discrimination or harassment; and WHEREAS, supporting Fort Collins’ LGBTQ+ community aligns with the City’s strategic objective to co-create a more inclusive and equitable community that promotes unity and honors diversity; and WHEREAS, the LGBTQ+ community has made great strides; however, work remains in order to achieve full equality, inclusion, representation and acceptance. WHEREAS, the City has established the LGBTQIA+ Resource Group; as well as an LGBTQ+ liaison in Police Services, Human Resources and at the Executive level; and WHEREAS, the City acknowledges that the LGBTQ+ community are valued members of our Fort Collins community who deserve to be celebrated and should always feel pride for who they are; and NOW THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby declare the month of June 2020 as LGBTQ PRIDE MONTH IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 16th day of June, A.D. 2020. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 10 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY June 16, 2020 City Council STAFF Delynn Coldiron, City Clerk SUBJECT Consideration and Approval of the Minutes of the May 12, 2020 Adjourned Council Meeting and May 19, 2020 Regular Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the May 12, 2020 Adjourned Council Meeting and the May 19, 2020 Regular Council meeting. ATTACHMENTS 1. May 12, 2020 (PDF) 2. May 19, 2020 (PDF) 1 Packet Pg. 11 City of Fort Collins Page 513 May 12, 2020 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting – 6:00 PM (Secretary's Note: Due to the COVID-19 crisis and state and local orders to remain safer at home and not gather, all Councilmembers and staff attended the meeting remotely, via teleconference.) • ROLL CALL PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff Staff present: Atteberry, Daggett, Coldiron 1. UConsideration of a motion to go into executive session to discuss water service issues and potential water supply agreements related to the Montava development. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, that the City Council go into executive session for the purpose of meeting with the City’s attorneys and City management staff to discuss the following matters as permitted under City Charter Article II, Section 11(2), City Code Section 2-31(a)(2) and Colorado Revised Statutes Section 24-6- 402(4)(b): 1. Specific legal questions related to potential litigation regarding water utility service arrangements with East Larimer County Water District and the Montava development; and 2. The manner in which the particular policies, practices or regulations of the City related to water utility service arrangements with East Larimer County Water District and the Montava development may be affected by existing or proposed provisions of federal, state or local law. RESULT: ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff (Council went into executive session at this time and returned at 7:51 pm) 2. UConsideration of a motion to go into executive session to discuss environmental issues at the landfill. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, that the City Council go into executive session for the purpose of meeting with the City’s attorneys and City management staff to discuss the following matters as permitted under City Charter Article II, Section 11(2), City Code Section 2-31(a)(2) and Colorado Revised Statutes Section 24-6- 402(4)(b): 1. Specific legal questions related to potential litigation regarding environmental remediation of conditions at the Larimer County Landfill; and 2. The manner in which the particular policies, practices or regulations of the City related to environmental conditions at the Larimer County Landfill may be affected by existing or proposed provisions of federal, state or local law. ATTACHMENT 1 1.a Packet Pg. 12 Attachment: May 12, 2020 (9202 : minutes-5/12, 5/19) City of Fort Collins Page 514 RESULT: ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff (Council went into executive session at this time and returned at 9:28 p.m.) • ADJOURNMENT The meeting adjourned at 9:28 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.a Packet Pg. 13 Attachment: May 12, 2020 (9202 : minutes-5/12, 5/19) City of Fort Collins Page 1 May 19, 2020 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM (Secretary's Note: Due to the COVID-19 crisis and state and local orders to remain safer at home and not gather, Councilmember Pignataro, staff, and some citizens attended the meeting remotely, via teleconference.) Mayor Troxell and City Clerk Coldiron outlined the various methods of public participation available. • ROLL CALL PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated there will not be a COVID-19 update this evening. Additionally, Item Nos. 20, Resolution 2020-050 Approving a Development Agreement to Secure Public Benefits for Development of the Northfield Metropolitan District Development Agreement, and 21, First Reading of Ordinance No. 076, 2020, Appropriating Prior Year Reserves in the Light and Power Fund, the Water Fund, the Wastewater Fund, and the Stormwater Fund, and Authorizing the Transfer of Previously Appropriated Funds in the Broadband Fund for the Utilities Customer Information and Billing System Project, have been postponed to June 2. • PUBLIC COMMENT Stacy Lynne stated there has been inconsistent Police enforcement related to Council's policies around parks. The homeless population at Northside Aztlan Center has not been social distancing or wearing masks and all remain healthy. Jerry Gavaldon made suggestions related to upcoming City budget shortfalls including pay cuts for all employees. Kathryn Dubiel requested Council enact temporary changes to the process for the collection of petition signatures that mirror those being proposed by Governor Polis to collect signatures electronically. She questioned whether a citizen initiative can enact zoning for a property if approved by a majority of voters in an election. She also questioned whether a citizen initiative and subsequent vote could change the zoning on a property after it has been established by Council. Rory Heath opposed Council considering items that do not need immediate decisions and expressed concern about the requirement for in-person testimony. Eric Sutherland discussed the new Poudre School District schools stating Timnath is paying very little toward the construction of the schools in property taxes because of abuses of tax increment financing. ATTACHMENT 2 1.b Packet Pg. 14 Attachment: May 19, 2020 (9202 : minutes-5/12, 5/19) May 19, 2020 City of Fort Collins Page 2 Doug Henderson, Sierra Club Poudre Canyon Group, expressed support for the City's Climate Action Plan and efforts to reduce greenhouse gases. A complete accounting of all greenhouse gases is necessary for the credibility of the Plan and City government. Broadcom's emissions are not part of the accounting and account for 8-9% of Fort Collins' total emissions. Tamara Mirror expressed concern with the remote technology and stated the quasi-judicial items are not urgent and consideration should be postponed until the COVID-19 crisis is over. Nancy York stated the City must address the climate crisis and suggested City resources should be reallocated to affordable and attainable housing. She also suggested funds dedicated to road expansions should reallocated to greenhouse gas emissions control. Kevin Cross, Fort Collins Sustainability Group, encouraged the City to include Broadcom's emissions in its accounting. • PUBLIC COMMENT FOLLOW-UP Mayor Troxell summarized the citizen comments. Councilmember Cunniff stated he plans to bring up the Broadcom emissions issue under Other Business. He also discussed the technology issues with citizen comments. Councilmember Gutowsky discussed Mr. Gavaldon's comments and stated she would be happy to do without her stipend in order to help save jobs. Mayor Pro Tem Stephens discussed Ms. Lynne's comments and stated the City does not have unconstitutional policies. She requested clarification regarding policies related to skate parks and other City amenities. There will be robust discussions around the budget and requested input regarding Ms. Dubiel's questions. City Attorney Daggett replied there have been legal challenges to the action the Governor has taken regarding electronic collection of petition signatures. The ability for Council or the City Manager to make changes to many election procedures is extremely limited and most changes would require voter approval to move forward. Regarding the initiative and referendum questions, she stated Article 10 of the City Charter describes the power to pursue an initiative. There is a great deal of opportunity for citizens to do so and generally zoning is not something that is excluded under the Charter language. Mayor Pro Tem Stephens acknowledged the frustrations with the technology but stated the business of the City needs to move on, particularly given there are no assurances as to when things will change. Councilmember Gorgol stated she visited the temporary shelter at the Northside Aztlan Center and conditions are not filthy as claimed by Ms. Lynne. People are not social distancing or wearing masks, however. This is a better system than having a dispersed site because the current service providers cannot handle the capacity. Councilmember Pignataro requested input regarding the status of dog parks. She asked if the electronic petition signature topic could be placed on the Election Code Committee agenda. Councilmember Cunniff agreed things will not be returning to normal soon and there will be continued need for hybrid Council meetings. He encouraged staff to continue to work on best practices for remote attendees. 1.b Packet Pg. 15 Attachment: May 19, 2020 (9202 : minutes-5/12, 5/19) May 19, 2020 City of Fort Collins Page 3 Mayor Troxell requested staff input regarding the reopening of City parks and facilities. City Manager Atteberry replied it is important for the City to have a consistent philosophy around reopening that ensures public and staff safety. The City is trying to be consistent in honoring and respecting the requirements or suggestions of public health officials. John Stokes, Community Services Deputy Director, stated staff has concerns regarding physical distancing at skate parks and dog parks. Both can be considered for reopening per state and county regulations. City Manager Atteberry stated Jim Byrne, Emergency Operations Manager, is working closely with staff to have opening plans for each City facility. Mayor Pro Tem Stephens asked if physical distancing has been successful at the City's pickleball courts. Stokes replied managers have reported successful physical distancing with some of the activities that are currently allowed. • CONSENT CALENDAR Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to adopt and approve all items on the Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Emily Gorgol, District 6 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff 1. Consideration and Approval of the Minutes from the April 21, 2020 Regular Council Meeting and the April 28, 2020 Adjourned Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the April 21, 2020, Regular Council meeting and the April 28, 2020, Adjourned Council meeting. 2. Second Reading of Ordinance No. 027, 2020, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Soldier Canyon Pump Station Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. This item meets the following COVID-19 emergency priorities for being on the Council agenda: • This item is on Second Reading. • This item is required to comply with federal or state legal or other requirements. This Ordinance, unanimously adopted on First Reading on February 4, 2020, zones the property included in the annexation known as the Soldier Canyon Pump Station Annexation. Soldier Canyon Pump Station Annexation, owned by the Platte River Power Authority, is located adjacent to the City of Fort Collins Water Treatment Facility at 4316 Laporte Avenue and is 0.702 acres in size. The proposed zoning for this annexation is Residential Foothills (R-F). The surrounding uses include the existing City Water Treatment Plant to the north, south and west, and Colorado State University Solar Farm to the east. The abutting City limits to the north, south and west are zoned Residential Foothills (R-F). Staff also recommends placement into the Residential Neighborhood Sign District. 1.b Packet Pg. 16 Attachment: May 19, 2020 (9202 : minutes-5/12, 5/19) May 19, 2020 City of Fort Collins Page 4 3. Second Reading of Ordinance No. 029, 2020, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Timberline- International Annexation No. 1 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. This item meets the following COVID-19 emergency priorities for being on the Council agenda: • This item is on Second Reading. • This item is required to comply with federal or state legal or other requirements. This Ordinance, unanimously adopted on First Reading on February 4, 2020, zones the property included in the first of three sequential annexations, known as the Timberline-International Annexation No.1. Timberline-International Annexation No. 1 is located northeast of the North Timberline Road and International Boulevard intersection. The proposed zoning for this annexation is Industrial (I). The surrounding properties are existing industrial land uses currently zoned I-Industrial Zoning District (in Larimer County) to the north, south and west. The abutting City limit to the east is zoned Low Density Mixed-Use Neighborhood (L-M-N) and consists of North Timberline Road right-of-way. Staff also recommends placement into the Residential Neighborhood Sign District. 4. Second Reading of Ordinance No. 031, 2020, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Timberline- International Annexation No. 2 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. This item meets the following COVID-19 emergency priorities for being on the Council agenda: • This item is on Second Reading. • This item is required to comply with federal or state legal or other requirements. This Ordinance, unanimously adopted on First Reading on February 4, 2020, zones the property included in the second of three sequential annexations, known as the Timberline-International Annexation No. 2. Timberline-International Annexation No. 2 is located northeast of the North Timberline Road and International Boulevard intersection. The proposed zoning for this annexation is Industrial (I). The surrounding properties are existing industrial land uses currently zoned I-Industrial Zoning District (in Larimer County) to the north, south and west. The abutting City limit to the east is zoned Low Density Mixed-Use Neighborhood (L-M-N) and consists of North Timberline Road right-of- way. Staff also recommends placement into the Residential Neighborhood Sign District. 5. Second Reading of Ordinance No. 033, 2020, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Timberline- International Annexation No. 3 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. This item meets the following COVID-19 emergency priorities for being on the Council agenda: • This item is on Second Reading. • This item is required to comply with federal or state legal or other requirements. 1.b Packet Pg. 17 Attachment: May 19, 2020 (9202 : minutes-5/12, 5/19) May 19, 2020 City of Fort Collins Page 5 This Ordinance, unanimously adopted on First Reading on February 4, 2020, zones the property included in the third of three sequential annexations, known as the Timberline-International Annexation No.3. Timberline-International Annexation No. 3 is located northeast of the North Timberline Road and International Boulevard intersection. The proposed zoning for this annexation is Industrial (I). The surrounding properties are existing industrial land uses currently zoned I-Industrial Zoning District (in Larimer County) to the north, south and west. The abutting City limit to the east is zoned Low Density Mixed-Use Neighborhood (L-M-N) and consists of North Timberline Road right-of-way. Staff also recommends placement into the Residential Neighborhood Sign District. 6. Postponement of Second Reading of Ordinance No. 044, 2020, Updating the Harmony Corridor Plan for the Gateway Area and the Harmony Corridor Standards and Guidelines to June 16, 2020. (Adopted) Given the anticipated length of the Hughes Stadium Site Second Reading item, the continued high level of community interest in the Harmony Corridor Plan amendments and potential for considerable Council hearing discussion, staff is requesting that the item be considered at the June 16th hearing. Impacted property owners have indicated that they have no objection to the item being moved to June 16, 2020. This Ordinance, adopted on First Reading on March 3, 2020, by a vote of 4-2 (Nays: Summers, Troxell; Gorgol absent) amends the Harmony Corridor Plan and the Harmony Corridor Standards and Guidelines by adopting revised Plan polices, standards and guidelines pertaining to the “gateway” area located west of I-25. 7. Second Reading of Ordinance No. 065, 2020, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund for COVID-19 Response and Recovery. (Adopted) This item meets the following priorities for items to be considered by Council during the COVID-19 emergency: (1) urgent items specifically related to COVID-19 activities that are critical in nature and must receive Council consideration as soon as possible; (6) items that relate to funding, operation and business activities that the City must continue despite the current crisis; and (7) items that are required to comply with federal or state legal or other requirements. This Ordinance, unanimously adopted on First Reading on May 5, 2020, appropriates unanticipated Community Development Block Grant (CDBG) funding in the amount of $649,203 from the Department of Housing and Urban Development (HUD) to be used for COVID-19 response and recovery. 8. Second Reading of Ordinance No. 066, 2020, Appropriating Prior Year Reserves and Authorizing the Transfer of Previously Appropriated Funds in the Light and Power Fund for the 700 Wood Street Remodel Project and Related Art in Public Places. (Adopted) This item meets the following COVID-19 emergency priorities for being on the Council agenda: • Priority 5 - Items that must move forward based on a council-directed timeline, i.e., completion of a pilot project or the end of a moratorium. • Priority 6 - Items that relate to funding, operation and business activities that the City must continue despite of the current crisis. This Ordinance, unanimously adopted on First Reading on May 5, 2020, appropriates funds necessary for completion of the joint control room and associated 700 Wood Street remodel project for Fort Collins Connexion and Electric Utility/Light & Power (L&P) operations. L&P is requesting an appropriation of $900,000 from uncommitted reserves, which has been included in the Utilities’ financial rate strategy and 2019 Capital Improvement Plan. Since this appropriation request is for the purpose of capital construction, City Code also requires a $9,000 contribution (1% of the amount being appropriated) to the Art in Public Places program. This amount is also being requested from uncommitted L&P reserves, bringing the total use of L&P reserves in this request to $909,000. In addition to the appropriation from available reserves, L&P is requesting a transfer of $770,000 in funds previously appropriated for the Substation capital parent account to obtain the remaining funds for the 700 Wood Street remodel project. Council Finance Committee considered and supported this approach on April 20, 2020. 1.b Packet Pg. 18 Attachment: May 19, 2020 (9202 : minutes-5/12, 5/19) May 19, 2020 City of Fort Collins Page 6 9. Second Reading of Ordinance No. 067, 2020 Suspending for Fiscal Years 2021 and 2022 the Biennial Budget Term Required by City Code Section 8-1 and Approving the Temporary Revision of the City’s Budgeting Process for the 2021 and 2022 Budgets. (Adopted) This item meets the following COVID-19 emergency priorities for being on the Council agenda: • Priority 2 - Emergency-related items that are not as urgent but need Council consideration. This Ordinance, unanimously adopted on First Reading on May 5, 2020, modifies the City's biennial budgeting process due to the current unknowns of the depth and duration of the COVID-19 Pandemic and impacts to the local economy and City revenue streams. 10. Second Reading of Ordinance No. 068, 2020, Designating the Brown-Gooding Property, 425 Mathews Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. This item meets the following COVID-19 emergency priorities for being on the Council agenda: • Priority 6 - Items that relate to funding, operation and business activities that the City must continue despite the current crisis. This Ordinance, unanimously adopted on First Reading on May 5, 2020, designates the Brown Gooding Property located at 425 Mathews Street as a Fort Collins Landmark. The owners of this property, Sarah Breseke and Wouter Montfrooij, have a pending Landmark Rehabilitation Loan for which funds have been requested and obligated but cannot be released without the Landmark designation in place. The single-family residence and garage are eligible for recognition as a Landmark due to their significance to Fort Collins under Designation Standard 3, Design/Construction and their historic integrity. 11. Second Reading of Ordinance No. 069, 2020, Designating the Horsley/Delta Zeta Property, 201 East Elizabeth Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. This item meets the following COVID-19 emergency priorities for being on the Council agenda: • Priority 6 - Items that relate to funding, operation and business activities that the City must continue despite the current crisis. This Ordinance, unanimously adopted on First Reading on May 5, 2020 designates the Horsley/Delta Zeta Property, 201 East Elizabeth Street, as a Fort Collins Landmark. The owner of this property, Stephanie Walter, has a pending Landmark Rehabilitation Loan for which funds have been requested and obligated but cannot be released without the Landmark designation in place. The property is eligible for recognition as a Landmark due to its significance to Fort Collins under Designation Standards 1. Events, and 3. Design/Construction and its historic integrity. 12. Items Relating to the College Avenue/Trilby Road Intersection Improvements Project. (Adopted) A. Resolution 2020-046 Approving the Intergovernmental Agreement with the Colorado Department of Transportation for Road Intersection Improvements - College Avenue-Trilby Road. 1.b Packet Pg. 19 Attachment: May 19, 2020 (9202 : minutes-5/12, 5/19) May 19, 2020 City of Fort Collins Page 7 B. First Reading of Ordinance No. 071, 2020, Making Supplemental Appropriations for the College Avenue-Trilby Road Intersection Improvements Project. This item meets the following COVID-19 emergency priorities for being on the Council agenda: • Priority 6 - Items that relate to funding, operation and business activities that the city must continue despite the current crisis. • Priority 7 - Items that are required to comply with federal or state legal or other requirements. The purpose of this item is to authorize the Mayor to sign an intergovernmental agreement (IGA) between the City and the Colorado Department of Transportation (CDOT) to accept previously awarded federal grants needed for the design, right-of-way acquisition and construction of necessary improvements to the College Avenue and Trilby Road intersection. Ordinance No. 071, 2020 will appropriate the following state and federal funded grants: • Highway Safety Improvement Program (HSIP) for safety related improvements ($2,250,000) • Congestion, Mitigation and Air Quality Improvements (CMAQ) program ($387,371) • Funding Advancements for Surface Transportation & Economic Recovery (FASTER) ($1,500,000) 13. First Reading of Ordinance No. 072, 2020, Relating to the Extraction of Hemp within Dwellings. (Adopted) This item meets the following COVID-19 emergency priority for being on the Council agenda: • Priority 7 - Items that are required to comply with federal or state legal or other requirements. This item is required in order to comply with state law allowing the cultivation, extraction, processing, and manufacturing of industrial hemp and industrial hemp products, and the Uniform Fire Code which permits and regulates the extraction of hemp. The purpose of this item is to amend Article XII, Chapter 12 of the City Code as it relates to the extraction of industrial hemp to clarify that the prohibition on the use of inherently hazardous substances in the extraction process only applies to dwellings, not to commercial businesses. 14. Emergency Ordinance No. 073, 2020 Approving Emergency Rules and Regulations Enacted by the City Manager Pursuant to the Local COVID-19 Emergency. (Adopted) The purpose of this item is to approve an emergency rule and regulation enacted by the City Manager in response to the COVID-19 emergency. Section 2-671(a)(6)(a) of the City Code provides that emergency rules and regulations must be confirmed at the earliest practical time by the Council. This Emergency Ordinance seeks Council’s approval and ratification of all the emergency measures that have been enacted to date. Adoption by ordinance will ensure that each of the regulations is enforceable to the fullest extent of the law. 15. First Reading of Ordinance No. 074, 2020, Authorizing the Conveyance of a Permanent Waterline Easement and a Temporary Construction Easement on Maxwell Natural Area to the Fort Collins Loveland Water District. (Adopted) This item meets the following COVID-19 emergency priorities for being on the Council agenda: • Priority 4 - Items that are substantially complete, have completed significant public process, and are ready for Council consideration. The purpose of this item is to authorize the conveyance of a permanent waterline easement and a temporary construction easement to the Fort Collins Loveland Water District (FCLWD) on Maxwell Natural Area. The proposed easement area will traverse Maxwell Natural Area over a new alignment and vacate in-place a portion of the original waterline alignment presently held by FCLWD on the east side of the natural area. Replacing the existing failing waterline is crucial for water service to residents supplied by the waterline. 1.b Packet Pg. 20 Attachment: May 19, 2020 (9202 : minutes-5/12, 5/19) May 19, 2020 City of Fort Collins Page 8 16. Resolution 2020-047 Approving the First Amendment to November 5, 2019, Intergovernmental Agreement with Larimer County, for Taft Hill Road Improvements – Horsetooth to Harmony Project. (Adopted) This item meets the following COVID-19 emergency priorities for being on the Council agenda: ● Priority 6 - Items related to funding, operation, and business activities that the City must continue despite the current crisis. ● Priority 7 - Items required to comply with federal or state legal or other requirements. The Taft Hill Improvements Project - Horsetooth to Harmony (Project) is funded with Larimer County (County) Regional Transportation Capital Expansion Fee (Regional TCEF) funds and federal Surface Transportation Block Grant (STBG) funds. The existing intergovernmental agreement (IGA) with the County allows the County to provide the Regional TCEF funds to the City. The purpose of this item is to clarify that the County will purchase right-of-way associated with the Project and enable the City to reimburse the County for costs associated with right-of-way acquisition. This item will authorize the Mayor to sign an IGA amendment (Amendment) for the IGA that was previously signed by the Mayor as part of Resolution 2020-001. Right-of-way acquisition will support the Project which will improve Taft Hill Road from Horsetooth Road to Brixton Road (south of Harmony Road). The City will be reimbursing the County for applicable expenses using County Regional TCEF and STBG funds. Amending the IGA is critical to keeping the Project on schedule. It will allow early involvement of right- of-way acquisition agents through the County. 17. Resolution 2020-048 Reappointing Teresa Ablao as an Assistant Municipal Judge of the Fort Collins Municipal Court and Authorizing the Execution of an Employment Agreement. (Adopted) Consideration of this item is necessary at this time because the current appointment of Assistant Judge Ablao expires June 30, 2020, prior to the retirement of Chief Judge Lane. The purpose of this item is to reappoint Teresa Ablao as the Assistant Municipal Judge for the Fort Collins Municipal Court. The City Charter provides for the appointment of Assistant Municipal Judges to serve in the absence of the Chief Judge. Teresa Ablao has served in this capacity since mid-2012. Chief Judge Kathleen M. Lane recommends that Ms. Ablao be reappointed as one of the Assistant Municipal Judges. Judge Ablao’s experience and familiarity with the Court will be a great resource for the new Chief Judge. • CONSENT CALENDAR FOLLOW-UP Mayor Pro Tem Stephens discussed Item No. 12, Items Relating to the College Avenue/Trilby Road Intersection Improvements Project, which will provide funding for improvements to the Trilby and College intersection. • COUNCILMEMBER REPORTS Councilmember Gorgol stated the Northside Aztlan Center shelter will be closing at the end of the month and she has concerns regarding the relocation of individuals using the facility which she will bring up under Other Business. Mayor Troxell reported on the proclamation recognizing high school and college graduates. Mayor Pro Tem Stephens commended the 2020 graduates. 1.b Packet Pg. 21 Attachment: May 19, 2020 (9202 : minutes-5/12, 5/19) May 19, 2020 City of Fort Collins Page 9 Councilmember Gutowsky commended the 2020 graduates and their commitment to online work. She also mentioned the generosity of Grant Farms in providing food bags for distribution to seniors in need. • DISCUSSION ITEMS 18. Public Hearing and Second Reading of Ordinance No. 138, 2019, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Hughes Stadium Site Rezoning and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. (Defeated on Second Reading) This item meets the following COVID-19 emergency priorities for being on the Council agenda: ● Priority 3 - Second Reading Ordinances. • Priority 4 - Items that are substantially complete, have completed significant public process, and are ready for Council consideration. These items are being brought forward to help ensure that work does not have to be redone and can continue to move forward. This Ordinance, adopted on First Reading on November 5, 2019, by a vote of 4-3 (Nays: Cunniff, Gutowsky, Pignataro), rezones 164.55 acres located on the west side of Overland Trail and north of CR32, with one condition, and to place the property into the Residential Sign District. Council initiated the rezoning on July 16, 2019 and directed staff to prepare a rezoning application and make a recommendation regarding the appropriate zoning. The site is currently zoned Transition (T) and staff recommends placement into the Residential Foothills (RF) and Low-Density Mixed-Use Neighborhood (LMN) zone districts. A recommended condition of the rezone requires that future development in the portion zoned Residential Foothills district meet the requirements of a Cluster Plan pursuant to Land Use Code Section 4.3(E)(2). The request places the property into the Residential Sign District. The Planning and Zoning Board on a 4-2 vote recommended that Council not adopt the staff-proposed zoning and instead zone the property entirely Residential Foothills. Second Reading hearing procedure: 1. Announcement of item 2. Consideration of any procedural issues 3. Additional City staff presentation, if any, regarding the rezoning application 4. Additional property owner presentation, if any, regarding the rezoning application 5. Public testimony 6. City staff and property owner rebuttal testimony 7. Councilmember questions of staff, the property owner, and members of the public that provided comments 8. Council decision Any member of the public, including the property owner of the property being considered for rezoning, who wishes to provide materials to Council for consideration in relation to this item must provide such information to the City Clerk no later than noon on May 19 as required pursuant to Section 3.g.(2) of the Amended Rules of Procedure Governing the Conduct of City Council Meetings and Council Work Sessions. Mayor Pro Tem Stephens recused herself from the discussion of this item noting another ethics complaint has been filed regarding her participation. The wording of the complaint is almost identical to the previous two and she was not found to have committed an ethics violation in either of those complaints. Mayor Troxell stated he was also named in the new complaint and he too was cleared in the previous two complaints. He does not have a financial or personal conflict regarding the item and he will participate in the discussion and vote. 1.b Packet Pg. 22 Attachment: May 19, 2020 (9202 : minutes-5/12, 5/19) May 19, 2020 City of Fort Collins Page 10 Cameron Gloss, Planning Manager, outlined the rezoning request and the staff recommendation for the zoning of the property, which includes a section of Low-Density Mixed-Use Neighborhood and a section of Residential Foothills zoning. Gloss outlined the public input received thus far regarding the parcel and noted the vast majority of comments supported leaving the site as open and low-density as possible. Gloss stated the Planning and Zoning Board made a recommendation on a 4-2 vote that disagreed with the staff recommendation. The Board's recommendation was for the entire site to be zoned Residential Foothills with the requirement that the property be cluster developed. Gloss outlined the criteria by which Council needs to evaluate this item: whether the amendment is consistent with City Plan, whether the amendment is compatible with the existing and proposed character of the surrounding area, whether there would be any significant impacts on the natural environment, and whether it would result in a logical and orderly development pattern. Melissa Rosas played a video from a representative of the Northern Colorado Wildlife Center indicating support for preserving open space on the parcel to help preserve a wildlife corridor and allow space for a wildlife rehabilitation center. Mary Grant expressed support for the Planning and Zoning Board recommended zoning of Residential Foothills for the entire parcel. Martha Zook noted Fort Collins residents have consistently expressed a desire to leave the parcel as open space or as open as possible. Affordable and attainable housing is better suited near public transit options. Beth Bensheit stated she has written multiple emails to all Councilmembers and has only received unsatisfactory replies from two. She expressed concern about traffic levels should Council approve zoning for hundreds of homes. Paul Patterson requested Council support the recommendation of the Planning and Zoning Board to zone the entire parcel Residential Foothills. He would prefer to have a lower density, clustered development if development must occur. Kathryn Dubiel requested a motion be made to stay the vote on this ordinance due to the ethics complaint that was filed. She questioned what negotiations took place between the City and CSU regarding the development of the property. Jason Nebo agreed with Ms. Dubiel that the vote should be stayed based on the ethics complaint filed yesterday. He also suggested Councilmember Gorgol recuse herself from the vote given campaign donations from Mayor Pro Tem Stephens as an employee of CSU. Becca LaPool stated there is a full-time need for a wildlife rehabilitation center in northern Colorado. She supported the recommendation of the Planning and Zoning Board as there is no area in Fort Collins with higher conservation value and that affords such unique recreational opportunities as this property. She requested Council stay this vote in light of the recently filed ethics complaint. Talon Nightwalker, Northern Colorado Wildlife Center President, stated this parcel would provide an excellent location for a wildlife rehabilitation center. Bob Nightwalker stated natural areas create a good quality of life and discussed the services a wildlife rehabilitation center would provide to the community. 1.b Packet Pg. 23 Attachment: May 19, 2020 (9202 : minutes-5/12, 5/19) May 19, 2020 City of Fort Collins Page 11 Jerry Gavaldon expressed concern about the issues the traffic redevelopment of this parcel would create. He expressed support for the zoning recommended by the Planning and Zoning Board. Lupe Sandoval encouraged Council to stay the vote on this topic given the recent ethics complaint and supported a 100% Residential Foothills zoning. She stated the open spaces in Colorado have been helpful during the pandemic and she encouraged Council to listen to its constituents. Scott McKenzie requested Council listen to the citizens and expressed concern about community livability and traffic. Rory Heath stated there are far fewer people commenting this evening than there were during First Reading, which Council should take as meaning the public comment is not equitable. He questioned why this matter is being fast-tracked and suggested the issue should be referred to the voters. Alana Lopez played a video from a representative of the Northern Colorado Wildlife Center indicating support for preserving open space on the parcel to help preserve a wildlife corridor and allow space for a wildlife rehabilitation center. Patricia Babbitt discussed the importance of open lands in Fort Collins and supported the use of the parcel for a wildlife rehabilitation center. Karen Kalavity opposed allowing Lennar Homes to develop the parcel. Jennifer (no last name given) supported leaving the space as a natural area with a wildlife rehabilitation center. She stated the environment and wildlife should be prioritized over monetary gain. Tamara (no last name given) opposed the staff-recommended zoning for the parcel stating promises were made about the density of the foothills area in the 1980s. She questioned what would occur should the annexation of this parcel not occur before the deadline and questioned why City planners still do not support the Planning and Zoning Board recommendation. She thanked Mayor Pro Tem Stephens for recusing herself from this vote. Mary Wemhoff supported the Planning and Zoning Board's recommendation of 100% Residential Foothills zoning. Nicholas Frye stated he filed the most recent ethics complaint and thanked Mayor Pro Tem Stephens for recusing herself from the discussion of this item. He discussed the importance of appearances and the ability of engendering trust in one's constituents, particularly during this pandemic. Tom Farnsworth stated the Hughes Stadium property is a one-of-a-kind site at the edge of the foothills and the Residential Foothills zoning as recommended by the Planning and Zoning Board best represents this unique property. Lisa (no last name given) expressed support for as much open space as possible or 100% Residential Foothills zoning. This space has been invaluable during the pandemic and housing as presented will not help lower income residents. 1.b Packet Pg. 24 Attachment: May 19, 2020 (9202 : minutes-5/12, 5/19) May 19, 2020 City of Fort Collins Page 12 Ted Walkup stated Fort Collins residents are seeking meaningful oversight from Council and they do not want developers determining the future of Fort Collins and its natural environment. Rich Stave echoed the previous comments and stated high-density development does not fit the potential of the site. Nancy York discussed the asset of the foothills in Fort Collins and noted the distance potential residents of the property would have to travel would add enormous amounts of greenhouse gases to the environment, as will disturbing the terrain and building with cement. Jonathan (no last name given) stated it is important that we have a functional and open government during this time; however, he expressed concern COVID-19 will not be the last respiratory pathogen to spread through the globalized world. The community needs to be protected with risk assessment and avoidance and adding this housing site to the community increases the concentration of people in Fort Collins. David Brown supported leaving most of the parcel as open space but a small corner of the site could be zoned LMN in order to provide some affordable housing. He also supported locating a wildlife rehabilitation center on the property. Scott VanScotter supported the 100% Residential Foothills zoning. Addie (no last name given) opposed CSU's business dealings in this situation. CSU was granted this land and developing it at this time would not serve the public interest. Dave Theobald supported the use of the property as open space and Residential Foothills zoning for the entire property. He supported affordable housing; however, stated this property does not support affordable living as it fails to have strong linkages with employment, schools, shopping, and so forth. (Secretary's Note: The Council took a brief recess at this point in the meeting.) Mayor Troxell asked if any additional public comment was received that was not included in Council's read before packet. City Clerk Coldiron replied staff received phone calls from Julia Dean, Deanna Munoz, Sage Dalrimple, Chris Otten, and Mary Bowling expressing opposition to the zoning, an email from Maria Razutack expressing a need for balance and a request to slow growth, emails from Martha Zook, Mary DeLong, Jason Wollington, and Heather Thurston expressing opposition to the zoning, a phone call from Mike Hooker supporting the zoning, two letters from Tamara Muir expressing opposition to the zoning, an email from Rory Heath requesting that all documents related to the City's Ethics Review Board be included in the record, and an email from Eric Sutherland providing an argument that Council is exceeding its authority. Councilmember Gutowsky asked if Lennar Homes is still an interested party in the proposed sale of the Hughes Stadium property. City Manager Atteberry replied staff has not heard anything to the contrary. Councilmember Cunniff asked if Colorado State University still owns the property. City Manager Atteberry replied in the affirmative. Mayor Troxell noted the owner of the parcel is not necessarily the University itself. Gloss replied staff is of the understanding there is still a contract on the property, and despite the pandemic, there is a full intention to continue with the contract. 1.b Packet Pg. 25 Attachment: May 19, 2020 (9202 : minutes-5/12, 5/19) May 19, 2020 City of Fort Collins Page 13 Mayor Troxell noted many speakers were instructing Council to utilize the property in a specific way and clarified it is not the City's property. John Stokes, Interim Community Services Director, stated the property does abut and connect to Natural Areas and open space. The City has not had direct conversations with CSU about acquiring the property; however, it is his understanding that CSU has not been interested in selling the property for open space purposes and, given the thousands of acres of open space already owned by the City on this side of town, staff has not felt purchasing the land was something the City should pursue. He reiterated CSU has not expressed a willingness to sell the property to the City. City Manager Atteberry discussed a conversation he had with former CSU President Tony Frank indicating CSU donating the property does not seem like the right fiduciary action for state residents and the University. Mayor Troxell noted the City is still very much committed to natural areas, the Nature in the City program, and other open space initiatives. He requested staff input regarding the 1980s discussions related to the foothills. Gloss replied there was a foothills study conducted in 1982 that took into account parcels west of Overland Trail and considered them for inclusion in the Urban Growth Area. The Hughes Stadium site was not included in that study, nor in the 1986 City Council discussion; therefore, there does not seem to be evidence it was ever considered to be protected under the Residential Foothills zone district. Mayor Troxell requested clarification as to whether a project plan exists for the parcel, and if not, what would need to be done to do so. Gloss replied a formal development plan has not yet been submitted and any developer would need to go through a multi-stage review process with a required neighborhood meeting and public hearing. There was a preliminary pre-application meeting wherein an initial concept was presented showing a greater number of residential units than would be allowed under the staff proposed zoning. Councilmember Gutowsky asked if Lennar Homes would continue to be an interested party if the number of residential units allowed was decreased. Gloss replied he could not speculate on specific numbers; however, there are some ways to negotiate in the contract between CSU and Lennar. Councilmember Gorgol made a motion, seconded by Councilmember Summers, to adopt Ordinance No. 138, 2019, on Second Reading. Councilmember Gorgol stated she would remain supportive of this item and discussed the need for more housing options which would be provided by this zoning. It is misleading to state Council is voting for a Lennar development as this is a land use hearing. Councilmember Gutowsky stated she would oppose the staff recommendation as there are too many negatives connected to the resulting development, including additional vehicular traffic, air pollution, the loss of dark skies, disruption to wildlife habitat and migration, loss of natural areas, and stress from overcrowding. There is no guarantee of affordable development in the area and there are more deliberate ways to build affordable housing with predictable outcomes. She urged fellow Councilmembers to take into account the overwhelming public input expressing a desire for clustered development with as much open space as possible. Councilmember Summers expressed appreciation for the citizen input but noted the property is owned by CSU, not the City, and there is no development proposal on the table. Council is subject 1.b Packet Pg. 26 Attachment: May 19, 2020 (9202 : minutes-5/12, 5/19) May 19, 2020 City of Fort Collins Page 14 to litigation should it make a zoning decision that devalues the property. He stated he would support the zoning recommendation. Councilmember Pignataro stated she would oppose the recommended zoning and she sees the situation as a balance of compromise and risk. She has lost trust in staff and is frustrated by the fact this meeting is even happening. Councilmember Cunniff stated he would oppose the staff recommendation. The desire for more attainable housing is laudable; however, growth does not necessarily lead to more attainable housing. The Planning and Zoning Board recommendation of Residential Foothills zoning is a better fit for the property and he suggested the City should attempt to partner with the ultimate property owner to buy a 10 to 30 acre parcel on the western side to join Pineridge and Maxwell Natural Areas. Mayor Troxell noted this is a rezoning from a Transition zoning for an applicant who is participating voluntarily in the process as CSU is a state entity. City processes and plans should be trusted. The role of the Planning and Zoning Board is not to be visionary but to follow Code, which it did not do in this case. He opposed individuals utilizing ethics complaints to attempt to garner their own desires and stated he is representing the citizens of Fort Collins in his vote to support the staff recommendation. Councilmember Cunniff stated campaign contributions from one elected official to another do not represent a conflict of interest and there is no merit to such allegations. Mayor Troxell agreed. RESULT: ORDINANCE NO. 138, 2019, DEFEATED [3 TO 3] MOVER: Emily Gorgol, District 6 SECONDER: Ken Summers, District 3 AYES: Gorgol, Summers, Troxell NAYS: Pignataro, Gutowsky, Cunniff Councilmember Cunniff made a motion, seconded by Councilmember Pignataro, to direct staff to return with a City Plan change and Residential Foothills designation through the process to the Planning and Zoning Board. City Attorney Daggett clarified a revision to City Plan would be appropriate for a hearing before the Planning and Zoning Board. Councilmember Cunniff stated he would like to revise City Plan in order to reconsider the zoning on the parcel. Beth (no last name given) stated no one has acknowledged this development being up against a mountain with the only egress being to the east on three streets. Tamara (no last name given) thanked Councilmember Gutowsky for her comments and thanked Councilmembers Pignataro and Cunniff for their support. She supported Councilmember Cunniff's suggestion as being a compromise for all interested parties. The Planning and Zoning Board has heard the citizen comments and questioned why Council could not simply zone the property Residential Foothills. 1.b Packet Pg. 27 Attachment: May 19, 2020 (9202 : minutes-5/12, 5/19) May 19, 2020 City of Fort Collins Page 15 Alena Lopez thanked Councilmembers Cunniff, Pignataro, and Gutowsky for their thoughtful comments. She expressed support for Councilmember Cunniff's proposal and stated citizens have overwhelmingly asked for open space on the property to benefit the entire community. Rory Heath thanked Councilmembers Cunniff, Pignataro, and Gutowsky for their comments and supported Councilmember Cunniff's proposal. Mary Alice Grant thanked Councilmembers Cunniff, Pignataro, and Gutowsky for their comments and supported Councilmember Cunniff's proposal as being a good compromise. Kathryn Dubiel supported Councilmember Cunniff's proposal as being a good compromise. Tom Farnsworth noted the Hughes site was not part of City limits until just recently. Nicholas (no last name given) supported Councilmember Cunniff's proposal as being a good compromise. He opposed Councilmember Gorgol's comments. Martha Zook supported Councilmember Cunniff's proposal as being a good compromise and questioned why there is a Planning and Zoning Board if its recommendations are not utilized. Lisa (no last name given) thanked Councilmembers Cunniff, Pignataro, and Gutowsky for their comments. She expressed support for Councilmember Cunniff's proposal and his argument that additional development will not necessarily result in affordable and attainable housing. Melissa (no last name given) supported Councilmember Cunniff's proposal as being a good compromise. She thanked Councilmembers Cunniff, Pignataro, and Gutowsky for their comments. Jonathan (no last name given) opposed Councilmember Gorgol's comments. Talon Nightwalker supported Councilmember Cunniff's proposal. Melody Nicholas supported Councilmember Cunniff's proposal. Councilmember Gorgol stated she is not upset with public participation; however, she has been disappointed with the way people have conducted themselves, primarily with threats against her and misinformation about her. Councilmember Gutowsky supported Councilmember Cunniff's proposal, noting leaving it as Transitional zoning is a move backwards. Councilmember Summers noted points of egress are determined as part of a development proposal and have nothing to do with zoning. He questioned how Councilmember Cunniff's proposal is a compromise. Councilmember Cunniff replied his guess is that the speakers' references are to a compromise between no development and some development. Mayor Troxell stated the failure of the previous motion puts the property back in the Transition zone and there should be a broader community discussion rather than remanding the issue back to the Planning and Zoning Board to have it reaffirm its position. He stated he would not support the motion. 1.b Packet Pg. 28 Attachment: May 19, 2020 (9202 : minutes-5/12, 5/19) May 19, 2020 City of Fort Collins Page 16 Councilmember Summers noted Council is not obligated to take the recommendations of the Planning and Zoning Board. RESULT: MOTION DEFEATED [3 TO 3] MOVER: Ross Cunniff, District 5 SECONDER: Julie Pignataro, District 2 AYES: Gutowsky, Pignataro, Cunniff NAYS: Troxell, Summers, Gorgol RECUSED: Stephens Councilmember Cunniff asked about the next steps in the process. City Attorney Daggett clarified the property will remain in the Transition zone until an action is initiated to begin the zoning process again. That action could either be an applicant's development proposal, a property owner's initiation, or a Council initiation. She stated staff would not typically initiate a review of a Comprehensive Plan as the result of a Council discussion. Gloss stated there is a process for amending the Comprehensive Plan that involves community engagement and a hearing before the Planning and Zoning Board for a recommendation prior to a Council hearing. Councilmember Summers asked about the process for de-annexing the property. City Attorney Daggett replied there is a statutory process for de-annexation and she would provide that information to Council. She stated that process is typically initiated by the property owner. (Secretary's Note: Mayor Pro Tem Stephens rejoined the meeting at this point.) 19. Items Relating to the Appointment, Salary, Oath of Office and Employment Contract of the Chief Judge. (Adopted) A. Resolution 2020-049 Appointing Jill Hueser as Chief Judge, Approving the Chief Judge’s Employment Agreement and Direction Regarding Administration of Oath of Office for the Chief Judge. B. First Reading of Ordinance No. 075, 2020, Amending Section 2-606 of the Code of the City of Fort Collins and Setting the Salary of the Chief Judge. This item meets the following COVID-19 emergency priorities for being on the Council agenda: • Priority 5 - Items that must move forward based on a Council directed timeline, i.e., completion of a pilot project or the end of a moratorium. • Priority 6 - Items that relate to funding, operation and business activities that the City must continue despite of the current crisis. The purpose of the Resolution is to appoint Jill Hueser as the new Chief Judge effective July 6, 2020, and to approve the employment agreement of the Chief Judge. Another purpose is to direct the City Clerk to administer the Chief Judge oath of office to Jill Hueser on July 6, 2020. The Ordinance sets the salary of the Chief Judge effective July 6, 2020. Theresa Roche, Chief Human Resources Officer, stated these actions will welcome the new Chief Judge, Jill Heuser, adopt her employment contract, set her salary, and set a process for the administration of her oath of office. Roche outlined the process utilized to determine the salary range and stated the Oath of Office will be administered on July 6. 1.b Packet Pg. 29 Attachment: May 19, 2020 (9202 : minutes-5/12, 5/19) May 19, 2020 City of Fort Collins Page 17 Mayor Pro Tem Stephens thanked her fellow Councilmembers for their work on the search committee and employment contract committee. She welcomed Ms. Heuser. Councilmember Gutowsky commended the large pool of high-quality candidates for the position and commented on the unique position of Council to be able to appoint a new Chief Judge for the first time in 38 years. Councilmember Pignataro commended the work of the ad hoc search committee and Human Resources staff. She welcomed Ms. Heuser to her new position. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt Resolution 2020-049. Councilmember Cunniff commended the process and stated Ms. Heuser will make an excellent Chief Judge. Mayor Troxell congratulated Ms. Heuser on her appointment and thanked staff and the ad hoc search and employment contract committees. RESULT: RESOLUTION 2020-049 ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gorgol, to adopt Ordinance No. 075, 2020, on First Reading with the salary amount of $165,000 annually. Councilmember Cunniff stated he would support the motion as the salary range is fair and right in the middle of the advertised range. Councilmember Gutowsky thanked Roche and her team for their work. Mayor Pro Tem Stephens stated this salary is fair and does fall in the middle of the advertised range. She noted Ms. Heuser has a great deal of experience with the City and in a judicial capacity. RESULT: ORDINANCE NO. 075, 2020, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Emily Gorgol, District 6 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff • OTHER BUSINESS (Secretary's Note: Councilmember Summers left at this point in the meeting.) Councilmember Cunniff requested Council support to direct staff to adjust the City's emissions accounting to include Broadcom's f-gas contributions with the assumption that their contribution in 2005 was zero. 1.b Packet Pg. 30 Attachment: May 19, 2020 (9202 : minutes-5/12, 5/19) May 19, 2020 City of Fort Collins Page 18 Mayor Pro Tem Stephens stated she would be willing to look into it further but wanted assurance the numbers are accurate. Mayor Troxell stated he would like a staff recommendation on the issue and he would prefer to focus on data from now into the future rather than on 2015 numbers when Broadcom was at its peak production. He noted the information is included in state data. Jackie Kozak-Thiel, Chief Sustainability Officer, stated staff's recommendation was to continue the inventory that Climate Action Plan goals were set against while also having an inventory that reflects the impacts from industrial emissions. Kozak-Thiel noted the City’s goals were set without the inclusion of the industrial emissions. The City is in the midst of Our Climate Future, the integrated planning process of climate action, energy policy, and road to zero waste. This would be a near-term opportunity to examine the inventory moving forward. She also noted there would be differing timelines for the data depending on whether the industrial emissions were included. Councilmember Cunniff asked if staff would assume the baseline 2005 number is zero for the Broadcom emissions. Kozak-Thiel replied staff is considering something between zero and the linear approach mentioned by Mr. Cross. Councilmember Cunniff stated he would be comfortable with staff making a recommendation related to 2005 numbers and the data could be reported with a footnote of the numbers without the industrial emissions. Councilmember Pignataro suggested the Election Code Committee could examine what is happening at the state level in terms of collecting petition signatures electronically for the November election. Councilmember Cunniff expressed support for the examination. Mayor Pro Tem Stephens asked what would be involved in making this change. City Attorney Daggett replied she believes a Charter change would be required and that would need to be done by a special election in November. Councilmember Summers noted there is still a great deal of discussion on this topic at the state level. Councilmember Pignataro asked if there will be a COVID-19 update at the next work session and stated she would like to pursue outdoor dining options. City Manager Atteberry replied he could provide an update at the work session. He discussed the multi-disciplinary team that is working on outdoor dining options. Motion to Extend the Meeting past 10:30 p.m. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to continue the meeting past 10:30 PM to discuss additional Other Business items and adjourn. RESULT: ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff ABSENT: Summers 1.b Packet Pg. 31 Attachment: May 19, 2020 (9202 : minutes-5/12, 5/19) May 19, 2020 City of Fort Collins Page 19 Councilmember Gorgol asked if there has been any consideration given to extending the shelter space at Northside Aztlan Center. City Manager Atteberry replied the Aztlan Center has been an incredible asset over the last couple months and there is an agreement with providers that the use of the space will expire and the building will return to being a recreation center for the community. He also noted a great deal of work has been put into finding an alternative location. Staff noted there are competing community interests and requested some time gather information and provide a memo to Council. Councilmember Gorgol expressed concern this is the last regular Council meeting prior to the current expiration date for the use of the space. City Attorney Daggett replied staff had discussed bringing the topic before Council next week for action on the extension. City Manager Atteberry asked how an extension can be provided knowing the upcoming Council meetings and timeline. City Attorney Daggett stated Council can adjourn to May 26. City Manager Atteberry stated the use of this facility for this purpose has been an amazing accomplishment on the part of the providers and the City. He has no trepidation in extending its use for a couple weeks but has scheduling concerns for a further extension. • ADJOURNMENT Consideration of a motion to adjourn to 6:00 p.m. on Tuesday, May 26, 2020 for mid-year review of City Manager and City Attorney. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00 PM on Tuesday, May 26, to consider a motion to go into executive session to conduct mid-year performance reviews of the Council's direct report employees and for such other business as may come before the Council. City Attorney Daggett noted Emergency Regulation 2020-002 relates to the use of the Northside Atzlan Center as a temporary shelter and states that it shall remain so until further notice; therefore, it appears the City Manager would have the authority to extend the use of the facility without Council direction. Councilmember Pignataro asked if reviews are still ongoing throughout the City organization. Theresa Roche, Chief Human Resources Officer, replied quarterly performance alignment reviews are still being encouraged. RESULT: MOTION ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff ABSENT: Summers 1.b Packet Pg. 32 Attachment: May 19, 2020 (9202 : minutes-5/12, 5/19) May 19, 2020 City of Fort Collins Page 20 The meeting adjourned at 10:53 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.b Packet Pg. 33 Attachment: May 19, 2020 (9202 : minutes-5/12, 5/19) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY June 16, 2020 City Council STAFF Lisa Rosintoski, Utilities Deputy Director, Customer Connections Cyril Vidergar, Legal SUBJECT Second Reading of Ordinance No. 076, 2020, Appropriating Prior Year Reserves in the Light and Power Fund, the Water Fund, the Wastewater Fund, and the Stormwater Fund, and Authorizing the Transfer of Previously Appropriated Funds in the Broadband Fund for the Utilities Customer Information and Billing System Project. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priorities for being on the Council agenda: • Priority 6 - Items that relate to funding, operation and business activities that the City must continue despite of the current crisis This Ordinance, unanimously adopted on First Reading on June 2, 2020, appropriates an additional $950,000 to purchase a Customer Information System with an Operational Support System (CIS/OSS) for electric, water, wastewater, stormwater and broadband billing services, replacing the legacy billing system. The CIS/OSS is the billing system that will collect revenues for utility and broadband services, serving as the accounting ledger for Utilities revenue, which currently generates over $212 million in annual total revenue through an average of 84,400 monthly utility bills and service requests for residential and commercial customers. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, June 2, 2020 (w/o attachments) (PDF) 2. Ordinance No. 076, 2020 (PDF) 2 Packet Pg. 34 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY June 2, 2020 City Council STAFF Lisa Rosintoski, Utilities Deputy Director, Customer Connections Cyril Vidergar, Legal SUBJECT First Reading of Ordinance No. 076, 2020, Appropriating Prior Year Reserves in the Light and Power Fund, the Water Fund, the Wastewater Fund, and the Stormwater Fund, and Authorizing the Transfer of Previously Appropriated Funds in the Broadband Fund for the Utilities Customer Information and Billing System Project. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priorities for being on the Council agenda:  Priority 6 - Items that relate to funding, operation and business activities that the City must continue despite of the current crisis The purpose of this item is to appropriate an additional $950,000 to purchase a Customer Information System with an Operational Support System (CIS/OSS) for electric, water, wastewater, stormwater and broadband billing services, replacing the legacy billing system. The CIS/OSS is the billing system that will collect revenues for utility and broadband services, serving as the accounting ledger for Utilities revenue, which currently generates over $212 million in annual total revenue through an average of 84,400 monthly utility bills and service requests for residential and commercial customers. The City signed a Master Professional Services Agreement (MPSA) and Software License Agreement with Open International LLC (Open) in August 2018 to implement Open SmartFlex (OSF). The CIS/OSS will be the system interface customers rely on for accurate utility billing that includes a robust customer self-service web-portal interface for utility and broadband services that will assist customers towards understanding utility usage and costs in order to make energy and water conservation/efficiency investments, as well as Connexion product offerings. The project was scheduled into two phases. Phase I implementation focused on functionality to support Connexion, and Phase II implementation focused on functionality supporting our existing four Utilities. Multiple factors have led to the extension of Utilities Go-Live from June 2020 to QIV 2020, and the additional cost of $3.3 million in order to complete the project. Therefore, Open and City of Fort Collins Utilities negotiated a cost-share distribution of the $3.3 million, recognizing the partnership and long-term relationship needed for OSF as follows:  City of Fort Collins Utilities incurs 55%, for a total of $1.7 million.  Open incurs 45%, for a total of $1.4 million.  City of Fort Collins Utilities reimburses additional contingency/living expenses, estimated up to $200,000. Our existing four Utilities and Connexion will split the City of Fort Collins Utilities share ($1.9 million), thus totaling $950,000 each for Connexion and the four utilities. Connexion has appropriated funding within the Connexion project. This funding request will be shared across the four utilities. Staff recognizes there is a potential for future risks, primarily related to employee turnover and illness, due to the pandemic environment that continues into the foreseeable future. As such, there is a degree of risk to meeting the fourth quarter Utilities Go-Live date. Therefore, staff is working with the vendor to develop mitigating actions ATTACHMENT 1 2.1 Packet Pg. 35 Attachment: First Reading Agenda Item Summary, June 2, 2020 (w/o attachments) (9190 : SR 076 Utility Billing) Agenda Item 15 Item # 15 Page 2 that will minimize vendor resource costs on the project in order to eliminate and/or reduce those costs if there needs to be an extension of the project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Fort Collins Utilities has historically used a system from the vendor Banner, which is now Hanson. This legacy system is over 20 years old, with “home-grown” integrations, and is currently hosted by Platte River Power Authority. Utilities began the process of selecting a replacement system in the 2017/2018 BFO process, appropriating just under $3M in 2018 with anticipation of appropriating another $7M, in the 2019/2020 BFO. As the City finalized plans for a municipal broadband service offering, this effort was expanded to identify a system that would support all five utilities. The City of Fort Collins Utilities signed a Master Professional Services Agreement (MPSA) and Software License Agreement with Open International LLC (Open) in August 2018 to implement Open SmartFlex (OSF). The CIS/OSS will be the system interface customers rely on for accurate utility and broadband billing that includes a robust customer self-service web-portal interface for utility and broadband services that will assist customers towards understanding utility usage and costs in order to make energy and water conservation/efficiency investments, as well as FC Connexion product offerings. Initially in 2018, functional and technical resources were divided in parallel paths to complete work on OSF implementation for both broadband and utilities. The original project timeline put the FC Connexion go-live date in June 2019 and the other four utilities going live in October 2019. However, it was determined in March 2019 that all Utilities resources needed to be focused on broadband to meet an August 30, 2019 go-live date, which simultaneously pushed back the Utilities go-live date to around June 2020. Several factors subsequently led to the project taking longer and costing more than originally anticipated, including the following: 1. Aggressive Timeline - The Open contract timeline had FC Connexion going live August 2019 followed by Utilities three months later. Time to mobilize the team and the complexity of configuring a system for a business that was new and undefined made the 12-month plan unrealistic in hindsight. 2. Project Management & Resources - Initial project management was insufficient with several turnovers of the City’s Project Manager during the last 6 months, and Open’s Project Manager in October 2019. IN addition, critical skilled staff turnover within City IT and Utilities Customer Connections has occurred over the past 18 months 3. Maturity of Connexion Business Model - Related to the aggressive timeline, new processes and products plus the decision to add video to the product offering required significant time and rework as the processes and product configuration were developed. 4. Software was less mature than anticipated to meet the needs of the North American marketplace. - After 20 years of the City operating on the Banner system with dozens of home-grown system developments, additional time was needed by Open to fully engineer and develop the functionality needed by Utilities. On August 30, 2019, residential Broadband internet and phone services were launched. However, Utilities and FC Connexion resources needed further configuration and testing across the remaining FC Connexion product offerings, thus, project resources continued to be focused on the FC Connexion production environment within the CIS/OSF project for several months. Utilities formally re-launched the Utilities phase of the billing system project on September 24, 2019. Resources from Utilities were not generally available until December 2019, following significant transitions in project management both on the Utilities side and the Open side, including replacement of the Open Project Manager. 2.1 Packet Pg. 36 Attachment: First Reading Agenda Item Summary, June 2, 2020 (w/o attachments) (9190 : SR 076 Utility Billing) Agenda Item 15 Item # 15 Page 3 In December 2019, the Utilities Project Manager transitioned to an external contractor, Vanir. The Utilities Project Manager performed a thorough analysis with the Open Project Manager regarding costs Open itemized, and the project plan for an extended Utilities Go-Live date. The analysis determined the optimal Utilities Go-Live date could be achieved in early fourth quarter of 2020 with additional resources. Alternatives to additional funding are limited and unattractive. Without additional funding the project cannot be completed as designed and Utilities may be left with a non-functioning billing system. Both Open and the City share responsibility for the issues driving the added cost. Accordingly, staff negotiated a cost split of 55% for the City and 45% for Open, which equitably reflects each party’s commitment to the success of the new Utilities billing system in support of all five utility services. CITY FINANCIAL IMPACTS This Ordinance will appropriate $950,000 from Utility Enterprise Reserves for the completion of the new billing system implementation. In addition to these funds, the amount of $950,000 will be transferred from unexpended FC Connexion appropriations to increase the project budget by $1,900,000, bringing the total contribution from FC Connexion to $1,899,000. The total expected cost of this investment is $11,446,001. The following is a summary of the project funding: These additional appropriations from the available reserves in each of these Enterprise Funds is not expected to delay any significant capital work to the extent that there will be an impact to the level of service being provided to the community. PUBLIC OUTREACH Utilities regularly captures customer preferences for utility bill enhancements, as well as additional service features both on the utility bill, web-portal, and on-line. Customer feedback is captured through telephone interactions, electronic mail, and in-person at the customer service counter. Themes on the feedback include near real-time payment application, easy access and visual display of use, and useful bill data. The annual statistically valid customer satisfaction survey recognizes the importance the billing system and online services provide towards exceptional customer service. Below are the 2018 ratings, to which the target is 80%, for both residential and commercial customers. Fort Collins Utilities customers were asked to rate performance on each of the following:  “Information and tools provided to help you manage your use and costs.” Satisfaction ratings were 66% for residential and 69% for commercial.  “Technology tools, similar to those used by banks, cell phone or cable companies.” Satisfaction ratings were 62% for residential and 77% for commercial. 2.1 Packet Pg. 37 Attachment: First Reading Agenda Item Summary, June 2, 2020 (w/o attachments) (9190 : SR 076 Utility Billing) Agenda Item 15 Item # 15 Page 4  “Convenience of bill payment options, including in-person locations and online.” Satisfaction ratings were 89% for residential and 90% for commercial.  “Online security provided to protect your personal and financial data.” Satisfaction ratings were 81% for residential and 88% for commercial. ATTACHMENTS 1. PowerPoint Presentation (PDF) 2.1 Packet Pg. 38 Attachment: First Reading Agenda Item Summary, June 2, 2020 (w/o attachments) (9190 : SR 076 Utility Billing) -1- ORDINANCE NO. 076, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE LIGHT AND POWER FUND, THE WATER FUND, THE WASTEWATER FUND, AND THE STORMWATER FUND, AND AUTHORIZING THE TRANSFER OF PREVIOUSLY APPROPRIATED FUNDS IN THE BROADBAND FUND FOR THE UTILITIES CUSTOMER INFORMATION AND BILLING SYSTEM PROJECT WHEREAS, in August 2018, the City of Fort Collins signed a Master Professional Services Agreement (MPSA) and Software License Agreement with Open International LLC (“Open”) to develop and implement the Open SmartFlex (OSF) integrated utility customer billing software system and web portal (“CIS/OSF project”); and WHEREAS, contemporaneous with Open’s development, the City began building a city- wide broadband utility system to deliver high-speed data, video, and telecommunication services, as previously approved by City voters in general elections; and WHEREAS, in late 2019, the City began offering city-wide broadband utility services, branded as “Fort Collins Connexion”, and agreed with Open to adjust CIS/OSF project delivery requirements to accommodate the functionality needed for Fort Collins Connexion services and other unanticipated project requirements; and WHEREAS, thereafter, the City and Open documented the adjusted CIS/OSF project requirements and schedule in a change order to the MPSA, including updating contract pricing and extending the final CIS/OSF project go-live date from June 2020 to October 2020 (the “Change Order”); and WHEREAS, the City and Open agreed to divide the CIS/OSF project costs described in the Change Order, totaling $3,300,000, 55% and 45%, respectively; and WHEREAS, Utility Services staff recommends allocation of the City’s portion of the Change Order costs among the benefited utility enterprises, including appropriating the amount of $950,000 from prior year reserves in the Light & Power Fund, Water Fund, Wastewater Fund, and Stormwater Fund, as applicable, for expenditure from the Utilities Customer Information & Billing System capital project fund; and WHEREAS, the City Manager recommends the appropriation described herein and determines that this appropriation is available and previously unappropriated from the Light & Power Fund, Water Fund, Wastewater Fund, and Stormwater Fund, as applicable, and will not cause the total amount appropriated in the Light & Power Fund, Water Fund, Wastewater Fund, or Stormwater Fund, as applicable, to exceed the current estimate of actual and anticipated revenues to be received in these funds during this fiscal year; and WHEREAS, the City Manager further recommends the transfer of $950,000 from the Fort Collins Connexion Fiber Feeder & Distribution Network capital account to the Utilities Customer Information & Billing System capital project, with the purpose for which the transferred funds are to be expended remaining unchanged; and 2.2 Packet Pg. 39 Attachment: Ordinance No. 076, 2020 (9190 : SR 076 Utility Billing) -2- WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the recommendation of the City Manager, to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council, upon recommendation by the City Manager, to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged, the purpose for which the funds were initially appropriated no longer exists, or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and WHEREAS, the proposed appropriation and transfer benefit the public’s health, safety and welfare and serve utility rate payers by providing funding to timely complete integrated billing system enhancements designed to automate billing processes, simplify customer bills, and thereby increase collections and reduce billing operation expenses for all utility rate payers. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from prior year reserves in the Light & Power Fund the sum of THREE HUNDRED SIXTY-SIX THOUSAND TWO HUNDRED SIXTY-FIVE DOLLARS ($366,265) for expenditure from the Light & Power Fund for the Utilities Customer Information & Billing System project. Section 3. That there is hereby appropriated from prior year reserves in the Water Fund the sum of TWO HUNDRED FORTY-SIX THOUSAND EIGHTY-FOUR DOLLARS ($246,084) for expenditure from the Water Fund for the Utilities Customer Information & Billing System project. Section 4. That there is hereby appropriated from prior year reserves in the Wastewater Fund the sum of ONE HUNDRED SEVENTY-SEVEN THOUSAND FOUR HUNDRED TEN DOLLARS ($177,410) for expenditure from the Wastewater Fund for the Utilities Customer Information & Billing System project. Section 5 That there is hereby appropriated from prior year reserves in the Stormwater Fund the sum of ONE HUNDRED SIXTY THOUSAND TWO HUNDRED FORTY-ONE DOLLARS ($160,241) for expenditure from the Stormwater Fund for the Utilities Customer Information & Billing System project. Section 6. That the unexpended and unencumbered appropriated amount of NINE HUNDRED FIFTY THOUSAND DOLLARS ($950,000) is hereby authorized for transfer from the Fiber Feeder & Distribution Network capital account to the Utilities Customer Information & 2.2 Packet Pg. 40 Attachment: Ordinance No. 076, 2020 (9190 : SR 076 Utility Billing) -3- Billing System capital project. Introduced, considered favorably on first reading, and ordered published this 2nd day of June, A.D. 2020, and to be presented for final passage on the 16th day of June, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of June, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 41 Attachment: Ordinance No. 076, 2020 (9190 : SR 076 Utility Billing) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY June 16, 2020 City Council STAFF Jim Byrne, Office of Emergency Management Ingrid Decker, Legal SUBJECT Second Reading of Ordinance No. 077, 2020, Appropriating Unanticipated Grant Revenue and Authorizing Transfers in the General Fund for the Emergency Management Performance Grant. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priority for being on the Council agenda: • Priority 2 - Emergency-related items that are not urgent but require Council approval. This Ordinance, unanimously adopted on First Reading on June 2, 202, appropriates unanticipated grant revenue in the General Fund for the Emergency Management Performance Grant-Special Projects. This appropriation includes $10,000 of grant revenue provided by the Colorado Division of Homeland Security and Emergency Management (DHSEM) to support emergency management programs. The grant directly supported purchasing an emergency management credentialing system (Salamander) and required a local match of $10,951. Matching funds were appropriated and unexpended in the 2020 Emergency Preparedness and Security operating budget and will be transferred to the Emergency Management Performance Grant- Special Projects program. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, June 2, 2020 (PDF) 2. Ordinance No. 077, 2020 (PDF) 3 Packet Pg. 42 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY June 2, 2020 City Council STAFF Jim Byrne, Office of Emergency Management Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 077, 2020, Appropriating Unanticipated Grant Revenue and Authorizing Transfers in the General Fund for the Emergency Management Performance Grant. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priority for being on the Council agenda: • Priority 2 – Emergency-related items that are not urgent but require Council approval. The purpose of this item is to appropriate unanticipated grant revenue in the General Fund for the Emergency Management Performance Grant - Special Projects. This appropriation includes $10,000 of grant revenue provided by the Colorado Division of Homeland Security and Emergency Management (DHSEM) to support emergency management programs. The grant directly supported purchasing an emergency management credentialing system (Salamander) and required a local match of $10,951. Matching funds were appropriated and unexpended in the 2020 Emergency Preparedness and Security operating budget and will be transferred to the Emergency Management Performance Grant - Special Projects program. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In September 2019, the State of Colorado announced the availability of funds for special projects under the Emergency Management Performance Grant program with a priority being for credentialing equipment that allows for statewide uniformity. The City applied for the grant to obtain credentialing software and equipment and was awarded $10,000, for which a match of $10,951 is required. Uniformity across the state in a time of a disaster is essential to the operation of the Office of Emergency Preparedness and Security. This equipment and software will allow staff to respond to disasters inside the state which affect our neighbors as well as allowing others from around the state to assist the City during a disaster. It will provide accountability and tracking mechanisms which are currently not available inside the City and will assist in the further advancement of Emergency Preparedness and Security. CITY FINANCIAL IMPACTS City resources would increase by $10,000. Required matching funds of $10,951 were already appropriated in the 2020 General Fund. ATTACHMENT 1 3.1 Packet Pg. 43 Attachment: First Reading Agenda Item Summary, June 2, 2020 (9191 : SR 077 Emergency Management Grant) -1- ORDINANCE NO. 077, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE AND AUTHORIZING TRANSFERS IN THE GENERAL FUND FOR THE EMERGENCY MANAGEMENT PERFORMANCE GRANT WHEREAS, the City has applied for and been awarded $10,000 in grant funding from the State of Colorado Emergency Management Performance Grant program (the “Grant”); and WHEREAS, the City will use the Grant proceeds to buy credentialing software and equipment that will provide uniformity between the City and other agencies around the state, and provide better accountability and tracking mechanisms, in responding to a disaster; and WHEREAS, the Grant requires the City to provide $10,951 in matching funds; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of supporting and enhancing the City’s Office of Emergency Preparedness and Security; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the General Fund and will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that Fund during this fiscal year; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project account to another fund or capital project account, provided that the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from unanticipated grant revenue in the General Fund the sum of TEN THOUSAND DOLLARS ($10,000) for expenditure in the General Fund for the Emergency Management Performance Grant. 3.2 Packet Pg. 44 Attachment: Ordinance No. 077, 2020 (9191 : SR 077 Emergency Management Grant) -2- Section 3. That the unexpended appropriated amount of TEN THOUSAND NINE HUNDRED FIFTY-ONE DOLLARS ($10,951) is authorized for transfer from the Emergency Preparedness & Security operating budget in the General Fund to the Emergency Management Performance Grant and appropriated therein. Introduced, considered favorably on first reading, and ordered published this 2nd day of June, A.D. 2020, and to be presented for final passage on the 16th day of June, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of June, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.2 Packet Pg. 45 Attachment: Ordinance No. 077, 2020 (9191 : SR 077 Emergency Management Grant) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY June 16, 2020 City Council STAFF Perrie McMillen, Mediation/Restorative Justice Supervisor Marcy Yoder, Neighborhood Services Senior Manager Bronwyn Scurlock, Legal SUBJECT Second Reading of Ordinance No. 078, 2020 Making a Supplemental Appropriation in the General Fund for the Restorative Justice Services Program. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priority for being on the Council agenda: • Priority 6 - Items that relate to funding, operation, and business activities that the City must continue despite the current crisis. This Ordinance, unanimously adopted on First Reading on June 2, 2020, appropriates grant revenue to fund Restorative Justice Services within Community Development and Neighborhood Services (CDNS). The City has received an amendment to an existing grant providing $12,474 in additional funds from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund to support Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) and Reflect Program for all other offenses. The amendment to the existing grant provides additional funds for a specific project - the creation of videos and other outreach materials to increase awareness for Restorative Justice Services. No match is required. The additional funds were awarded from extra funds the state grant funding agency made available toward the end of the grant cycle (7/1/2019-6/30/2020) and the funds must be spent by June 30, 2020, the end of the current grant cycle. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, June 2, 2020 (PDF) 2. Ordinance No. 078, 2020 (PDF) 4 Packet Pg. 46 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY June 2, 2020 City Council STAFF Perrie McMillen, Mediation/Restorative Justice Supervisor Marcy Yoder, Neighborhood Services Senior Manager Bronwyn Scurlock, Legal SUBJECT First Reading of Ordinance No. 078, 2020 Making a Supplemental Appropriation in the General Fund for the Restorative Justice Services Program. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priority for being on the Council agenda: • Priority 6 - Items that relate to funding, operation and business activities that the City must continue despite the current crisis. The purpose of this item is to appropriate grant revenue to fund Restorative Justice Services within Community Development and Neighborhood Services (CDNS). The City has received an amendment to an existing grant providing $12,474 in additional funds from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund to support Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) and Reflect Program for all other offenses. The amendment to the existing grant provides additional funds for a specific project - the creation of videos and other outreach materials to increase awareness for Restorative Justice Services. No match is required. The additional funds were awarded from extra funds the state grant funding agency made available toward the end of the grant cycle (7/1/2019-6/30/2020) and the funds must be spent by June 30, 2020, the end of the current grant cycle. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Restorative Justice Services and its three programs: RESTORE for shoplifting offenses, and RJCP (Restorative Justice Conferencing Program) and Reflect Program for all other offenses, has been partially grant funded since its inception in 2000. Council accepts grant funds annually from the Colorado Division of Criminal Justice to support Restorative Justice Services. This grant helps fund youth referred to the program from the 8th Judicial District Attorney’s Office. Since it began, Restorative Justice Services has provided a restorative justice alternative to more than 3,000 young people who committed chargeable offenses in our community. Restorative Justice is an alternative method of holding a young offender accountable by facilitating a meeting with the offender, the victim/victim representative and members of the community to determine the harm done by the crime, and how to repair the harm. By identifying and repairing the harm caused by the crime, Criminal Justice Officials are optimistic repeat offenses by these youth will be reduced, and the needs and concerns of the victims and affected community will be addressed. ATTACHMENT 1 4.1 Packet Pg. 47 Attachment: First Reading Agenda Item Summary, June 2, 2020 (9192 : SR 078 Restorative Justice) Agenda Item 7 Item # 7 Page 2 These programs help young people understand how family, friends, victim and community are harmed by their actions and hold them accountable for the harm caused by their actions. The intention is that these young people will make better future decisions and not commit the same or similar crime again. Reducing future criminal behavior and keeping young people out of the justice system both contribute positively to a safer and healthier community. Addressing the needs and concerns of crime victims and community members also has a positive effect on the overall health and safety of the community. As part of the programs, youth and families are referred to appropriate community resources based on needs identified during program participation. CITY FINANCIAL IMPACTS The additional funds for the 2019-20 grant of $12,474 are designated for an outreach project of creating videos and written materials for increasing awareness of Restorative Justice Services. There is no local match required and funds will be distributed to the City on a reimbursement basis upon completion of the project. 4.1 Packet Pg. 48 Attachment: First Reading Agenda Item Summary, June 2, 2020 (9192 : SR 078 Restorative Justice) -1- ORDINANCE NO. 078, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING A SUPPLEMENTAL APPROPRIATION IN THE GENERAL FUND FOR THE RESTORATIVE JUSTICE SERVICES PROGRAM WHEREAS, the Colorado Division of Criminal Justice (“DCJ”) Juvenile Diversion fund has awarded the City, as an amendment to an existing grant, additional funds in the amount of $12,474 for the continued operation of Restorative Justice Services; and WHEREAS, Restorative Justice Services includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program and Reflect Program for all other offenses; and WHEREAS, these additional funds are specifically for the creation of videos and other outreach materials to increase awareness for Restorative Justice Services; WHEREAS, there is no match of funds required; and WHEREAS, the appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of expanding awareness of Restorative Justice Services within the community; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the General Fund and will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged; the purpose for which the funds were initially appropriated no longer exists; or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. 4.2 Packet Pg. 49 Attachment: Ordinance No. 078, 2020 (9192 : SR 078 Restorative Justice) -2- Section 2. That there is hereby appropriated from unanticipated grant revenue in the General Fund the sum of TWELVE THOUSAND FOUR HUNDRED SEVENTY-FOUR DOLLARS ($12,474) for expenditure from the General Fund for the Restorative Justice Services program. Introduced, considered favorably on first reading, and ordered published this 2nd day of June, A.D. 2020, and to be presented for final passage on the 16th day of June, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of June, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.2 Packet Pg. 50 Attachment: Ordinance No. 078, 2020 (9192 : SR 078 Restorative Justice) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY June 16, 2020 City Council STAFF Delynn Coldiron, City Clerk Rebecca Everette, Development Review Manager Carrie Daggett, City Attorney SUBJECT Second Reading of Ordinance No. 079, 2020, Amending and Superseding Ordinance No. 061, 2020 Enacting Temporary Procedures for Remote Participation in Certain Meetings. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on June 2, 2020, updates and replaces Ordinance No. 061, 2020, to allow Council to conduct business that has been postponed due to the local emergency set forth in the Ordinance. This Ordinance will also allow boards and commissions to conduct business remotely using technology set in place for Council meetings. This Ordinance has been amended on Second Reading to change the time required to notify City Clerk of remote participation from thirty-six (36) hours to three (3) hours. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, June 2, 2020 (w/o attachments) (PDF) 5 Packet Pg. 51 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY June 2, 2020 City Council STAFF Delynn Coldiron, City Clerk Rebecca Everette, Development Review Manager Carrie Daggett, City Attorney SUBJECT First Reading of Ordinance No. 079, 2020, Amending and Superseding Ordinance No. 061, 2020 Enacting Temporary Procedures for Remote Participation in Certain Meetings. EXECUTIVE SUMMARY The purpose of this item is to update and replace Ordinance No. 061, 2020, in order to allow Council to conduct business that has been postponed due to the local emergency set forth in the Ordinance. This Ordinance will also allow boards and commissions to conduct business remotely using technology set in place for Council meetings. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION On March 13, 2020, the City Manager proclaimed a local emergency due to the worldwide pandemic in accordance with City Code and activated the Emergency Operations Plan. Resolution 2020-030 extended the proclamation, Emergency Ordinance No. 54, 2020 was adopted on Second Reading on March 20, 2020, permitting Council to conduct business remotely. Subsequently, Ordinance No. 061, 2020, authorized remote quasi-judicial hearings and neighborhood meetings required under the City’s Land Use Code, and essential board meetings, in addition to other Council meetings, superseding Emergency Ordinance No. 54. As permitted by the Colorado Open Meetings Laws and City Charter, Council has determined the use of remote technology, i.e., telephone and online platforms, to be effective and necessary during this unprecedented time in order to limit community spread and slow the transmission of COVID-19. Due to the extended time period requiring physical distancing, Council will consider allowing regular and non-emergent business to resume using remote technology. This ordinance will relax the remote technology requirements for Council and board and commission meetings while retaining the stricter safeguards for conducting quasi-judicial hearings. ATTACHMENTS 1. Ordinance No. 079, 2020, (highlighted to show changes) (PDF) ATTACHMENT 1 5.1 Packet Pg. 52 Attachment: First Reading Agenda Item Summary, June 2, 2020 (w/o attachments) (9193 : SR 079-Amending Ord 061) -1- ORDINANCE NO. 079, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING AND SUPERSEDING ORDINANCE NO. 061, 2020 ENACTING TEMPORARY PROCEDURES FOR REMOTE PARTICIPATION IN CERTAIN MEETINGS WHEREAS, the City of Fort Collins is threatened with serious injury and damage, consisting of widespread human and economic impact caused by the Novel Coronavirus 2019 (COVID-19); and WHEREAS, the City and the Larimer County Department of Public Health and Environment, state officials, Colorado State University and the Poudre School District are cooperatively working to limit community spread and slow the transmission of COVID-19; and WHEREAS, due to the increasing incidence of COVID-19 in the general population, the World Health Organization designated the spread of COVID-19 as a worldwide pandemic; and WHEREAS, on March 10, 2020, Governor Polis issued a Declaration of a Disaster Emergency for the State of Colorado and on March 13, 2020, the President of the United States declared a National Emergency; and WHEREAS, on March 13, 2020, in order to undertake emergency measures to protect the life, health, safety and property of the citizens of the City and persons conducting business therein, and in order to attempt to minimize the loss of human life and the preservation of property, the City Manager, as the Director of the City’s Office of Emergency Management, proclaimed a “local emergency” in accordance with Section 2-671(a)(1) of the City Code and activated the Emergency Operations Plan established pursuant to Section 2-673 of the City Code; and WHEREAS, the City Council has, with its adoption of Resolution 2020-030, extended the City Manager’s proclamation of local emergency; and WHEREAS, utilizing technology, whether telephonic, on-line platforms, other technological methods or a combination thereof (“Remote Technology”) to conduct meetings is consistent with the Colorado Open Meetings Laws, Colorado Revised Statutes Sections 24-6-401 et seq. (2019) and Article II of the Charter of the City of Fort Collins (“City Charter”); and WHEREAS, in light of the potential for Councilmembers to be isolated and unable to physically meet together for a Council meeting in order to conduct Council business, Council adopted Emergency Ordinance No. 054, 2020 (Emergency Ordinance No. 054), on March 20, 2020, permitting Council to conduct business using Remote Technology; and WHEREAS, on April 21, 2020, the City Council adopted on second reading Ordinance No. 061, 2020 (Ordinance No. 061), to supersede and replace in all respects Emergency Ordinance No. 054; and Packet Pg. 53 -2- WHEREAS, Ordinance No. 061 was intended to continue essential government activity and protect the health, safety and welfare of the people of Fort Collins, including but not limited to economic health, by authorizing certain Quasi-Judicial Hearings by the City Council, City boards and commissions and administrative hearing officers (including City officers and employees) charged with the exercise of quasi-judicial functions under the Fort Collins Municipal Code (“City Code”) and Land Use Code (collectively “Quasi-Judicial Hearings”) and certain neighborhood meetings required by the Land Use Code (“Neighborhood Meetings”), and essential board meetings, using Remote Technology, provided that criteria set forth in Ordinance No. 061 could be met; and WHEREAS, Ordinance No. 061 authorizes certain Quasi-Judicial Hearings using Remote Technology if the technology used ensures that the hearings meet the procedural safeguards required to provide due process of law under the United States and Colorado constitutions, the requirements of which include, but are not limited to: (1) notice; (2) an adequate right to be heard, present evidence, rebut evidence and to see or hear all of the public proceedings; (3) Hearings are fair and impartial with public roll call of votes; (4) the decision is supported by adequate findings; and (5) a sufficient record of the proceedings can be made (collectively, “Due Process Requirements”); and WHEREAS, the Council has determined that in addition to allowing consideration or pressing matters requiring prompt action, allowing for the conduct of regular and routine City business by the City Council, Council Committees, and by City boards and commissions, and their committees, using Remote Technology is appropriate in light of the extended time period during which requirements for physical distancing and other measures to suppress the spread of COVID-19 are likely to be continued; and WHEREAS, this Ordinance amends and restates Ordinance No. 061 in order to relax the requirements for use of Remote Technology for Council and board and commission meetings, and their committees, while retaining safeguards to assure effective observation and participation by the public and stringent requirements for the conduct of Quasi-Judicial Hearings in accordance with Due Process Requirements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that: Section 1. The City Council hereby finds that it is necessary and appropriate to enable the City to use Remote Technology to conduct meetings during the pendency of the current public health and local emergency affecting the city declared in accordance with Section 2-671(a)(1) of the City Code (“Declared Local Emergency”), in order to protect the physical and economic health, safety and welfare of the people of Fort Collins that would result from the inability to conduct such meetings and carry out City business. Section 2. The City Council finds that public meetings conducted using Remote Technology is consistent with the Colorado Open Meetings Laws of Colorado Revised Statute Sections 24-6-401 et. seq. (2019) and Article II of the City Charter, so long as proper notice of Packet Pg. 54 -3- the meeting is given and the public is reasonably able to observe and, as applicable, participate in such meetings. Section 3. The Council hereby adopts the following special provisions for City Council and Council Committee meetings during the course of a Declared Local Emergency to supplement and, as applicable, supersede the provisions of Division 2, Article II of Chapter 2 of the City Code and any other applicable provisions adopted by Council: A. The Mayor, after consultation with the Mayor Pro Tem, City Manager and City Attorney, may determine that the Council will conduct any regular meeting or special meeting in whole or in part by Remote Technology so as to provide reasonably available participation by Councilmembers and by the public, consistent with the requirements of this Ordinance, because meeting in person would not be prudent for some or all persons due to a public health emergency or other unforeseen circumstance affecting the city. B. The chairperson of any Council Committee, after consultation with the City Manager and City Attorney, may determine that the Committee will conduct any Committee meeting in whole or in part by Remote Technology so as to provide reasonably available participation by members of the Committee and observation by the public, consistent with the requirements of this Ordinance, because meeting in person would not be prudent for some or all persons due to a public health emergency or other unforeseen circumstance affecting the city. C. Regardless of the determination made under Subsection 3.A or 3.B, as applicable, any Councilmember concerned about their own or others’ health or safety is entitled to participate by Remote Technology in any regular meeting or special meeting of the Council, or any meeting of a Council Committee of which they are a member, in a manner consistent with the requirements of this Ordinance, if such Councilmember requests to do so by notifying the City Clerk no less than thirty-six (36) three (3) hours in advance of the meeting. D. Participation by a Councilmember in a meeting conducted by Remote Technology shall constitute presence and actual attendance for purpose of establishing a quorum, provided the following conditions are met: 1. All members of the Council or Committee, as applicable, participating in the meeting can see and hear one another or, if circumstances preclude an arrangement that would allow visual communication, hear one another; 2. All members of the Council or Committee, as applicable, participating in the meeting can see, hear or read all discussion, comment and testimony in a manner designed to provide maximum information sharing and participation; 3. Members of the public have equivalent access to all discussion, comment and testimony, and to all Council votes and other dialogue, in a manner Packet Pg. 55 -4- designed to provide maximum information sharing and, to the extent applicable, participation; 4. All votes must be conducted by roll call; and 5. All other meeting-related requirements must be met, including advance notice with an explanation of how Councilmembers and the public may participate and stating the right of the public to monitor the meeting, as well as the recording and preparation of meeting minutes. E. The City Clerk or their designee, or staff person managing arrangements for a Committee, shall initiate the meeting by Remote Technology not more than forty-five (45) minutes and not less than fifteen (15) minutes prior to the scheduled time of the meeting. F. In addition to the requirements set forth in this Section, the requirements of Section 4 shall apply to any Quasi-Judicial Hearing by the City Council or a Council Committee using Remote Technology. G. If during any meeting of the Council or a Council Committee, the presiding officer determines that the Remote Technology in use is not functioning sufficiently to meet the conditions above during any particular item or meeting, the Council or Committee must continue such item or meeting to allow for improved technologies or other arrangements. Section 4. The Council hereby adopts the following special provisions permitting Quasi-Judicial Hearings using Remote Technology, excluding those listed in Subsection 4.B. below, during a Declared Local Emergency, to supplement the provisions of Division 2, Article II and Article III of Chapter 2 of the City Code, other applicable provisions of the City Code, applicable provisions adopted by Council (such as the Boards and Commissions Manual) and the City’s Land Use Code, as follows: A. The following requirements apply to the use of Remote Technologies for Quasi- Judicial Hearings: 1. A Council or Council Committee may conduct a Quasi-Judicial Hearing provided a determination or request has been made pursuant to the requirements of Section 3.A, 3.B or 3.C of this Ordinance and subject to compliance with all other requirements in this Section 4. 2. A board or commission or committee thereof may conduct a Quasi- Judicial Hearing provided a determination or request has been made pursuant to the requirements of Section 6.A, 6.B or 6.C of this Ordinance and subject to compliance with all other requirements in this Section 4. Packet Pg. 56 -5- 3. Any individual decisionmaker under the City’s Land Use Code or City Code may conduct a Quasi-Judicial Hearing provided said decisionmaker, in consultation with appropriate City staff, has determined that it is desirable to conduct the Hearing by Remote Technology so as to provide reasonably available participation by parties-in-interest and by the public, consistent with the requirements of this Ordinance, because meeting in person would not be prudent for some or all persons due to a public health emergency or other unforeseen circumstance affecting the city and subject to compliance with all other requirements in this Section 4. B. Unless further action is taken by the Council under Section 8, below, the following Quasi-Judicial Hearings are not allowed to be heard when one or more members of the decisionmaking body or an individual decisionmaker, as applicable, is participating by use of Remote Technology due to the complexity, difficulties in making an adequate record, and fundamental nature of these types of actions: 1. Appeals of any decision as such appeals may be authorized under the City of Fort Collins Municipal Code and Land Use Code. Variances considered by the Zoning Board of Appeals are not “appeals” under this provision. 2. Zoning and Rezoning matters pursuant to Fort Collins Land Use Code Division 2.9. 3. Addition of Permitted Use matters pursuant to the Land Use Code Section 1.3.4. C. Quasi-Judicial Hearings not excluded under Subsection 4.B. may be conducted using Remote Technology if the following criteria are met: 1. Legally sufficient notice of the Quasi-Judicial Hearing has been given. 2. The Remote Technology used for the Quasi-Judicial Hearing is sufficient to satisfy the requirements of Due Process as described above and as follows: i. All members of the decision-making body can see and hear one another or, if circumstances preclude an arrangement that would allow visual communication, hear one another; ii. All members of the decision-making body or the individual decisionmaker, as applicable, can see, hear or read all discussion, comment and testimony in a manner designed to provide the body or decisionmaker with reasonably complete and accurate perception of such evidentiary material; Packet Pg. 57 -6- iii. Parties-in-interest in the Quasi-Judicial Hearing have fair and reasonable access to all discussion, comment and testimony, evidentiary material and dialogue; iv. Parties-in-interest in the Quasi-Judicial Hearing have a fair and reasonable opportunity to present information to the decision- making body or individual decisionmaker, as applicable; and v. All votes of the decision-making body must be conducted by a roll call of the members. 3. The Remote Technology used to hold the Quasi-Judicial Hearing can reasonably be expected to record and maintain the decision made at the Hearing and the evidence and findings supporting that decision; and 4. The Remote Technology used to hold the Quasi-Judicial Hearing can reasonably be expected to make or support the making of a complete record of the proceedings, including all evidence presented and considered, all testimony and all discussion by the decisionmakers for purposes of any right of appeal available under the City Code, the City’s Land Use Code or federal or state law. D. Any person or applicant seeking a quasi-judicial decision from City Council, a City board or commission or an administrative hearing officer under the City Code or the City’s Land Use Code, shall be notified in writing or by email of the intention to conduct a Quasi-Judicial Hearing using Remote Technology. Such person or applicant shall be entitled to request that the Quasi-Judicial Hearing be delayed until such time as the Hearing can be conducted in person. Any person or applicant proceeding with and participating in a Quasi-Judicial Hearing using Remote Technology shall be deemed to have consented to such method of providing the Quasi-Judicial Hearing. E. The Director of Community Development and Neighborhood Services, in consultation with the City Attorney, may promulgate reasonable policies and procedures to implement these requirements during a Declared Local Emergency for Quasi-Judicial Hearings conducted under the authority of the City’s Land Use Code by boards or commissions or administrative hearing officers. F. In connection with any Quasi-Judicial Hearing conducted pursuant to this Section, if the individual decisionmaker or the presiding officer of a decisionmaking body, as applicable, determines that the Remote Technology in use is not functioning sufficiently to meet the conditions above during any particular item or meeting, said individual decisionmaker or the decisionmaking body, as applicable, must continue such item or meeting to allow for improved technologies or other arrangements. Section 5. The City Council hereby authorizes Neighborhood Meetings required under the City’s Land Use Code to be conducted using Remote Technology during a Declared Packet Pg. 58 -7- Local Emergency, so long as any such remote Neighborhood Meeting satisfies all of the following requirements of Section 2.2.2 of the City’s Land Use Code: 1. Provides a forum for citizens of area neighborhoods, applicants and the Director to identify, review, discuss, and work through any solutions to identified concerns for development applications during the conceptual planning stage. 2. Complies with requirements of Notice articulated in Land Use Code Section 2.2.2(C). 3. Provides a forum for attendance by citizens of the affected area neighborhoods, the applicant/applicant representative and the Director/Director’s representative. 4. Complies with the Summary of the meeting directives in Land Use Code Section 2.2.2(E). If the Director of Community Development and Neighborhood Services or their designee determines that the Remote Technology in use is not functioning sufficiently to meet the conditions set forth in this Section during any Neighborhood Meeting, the Director must either continue such Neighborhood Meeting or schedule an additional Neighborhood Meeting to allow for improved technologies or other arrangements. Section 6. The Council hereby adopts the following special provisions for City board and commission meetings during a Declared Local Emergency to supplement and, as applicable, supersede the provisions of Division 2, Article II and Article III of Chapter 2 of the City Code and other provisions adopted by the Council to govern City boards and commissions (including the Boards and Commissions Manual), as follows: A. The chairperson of any City board or commission, after consultation with the staff liaison for such board or commission, may determine that such board or commission will conduct any regular meeting or special meeting in whole or in part by Remote Technology so as to provide reasonably available participation by members of the board or commission and by the public, consistent with the requirements of this Ordinance, because meeting in person would not be prudent for some or all persons due to a public health emergency or other unforeseen circumstance affecting the city. B. The chairperson of any committee of any City board or commission, after consultation with the chairperson and staff liaison of such board or commission, may determine that such committee will conduct any committee meeting in whole or in part by Remote Technology so as to provide reasonably available participation by members of the committee and observation by the public, consistent with the requirements of this Ordinance, because meeting in person would not be prudent for some or all persons due to a public health emergency or other unforeseen circumstance affecting the city. Packet Pg. 59 -8- C. Regardless of the determination made under Subsection 6.A or 6.B, as applicable, any member of any board or commission concerned about their own or others’ health or safety is entitled to participate by Remote Technology is entitled to participate by Remote Technology in any regular meeting or special meeting of such board or commission, or any meeting of any related committee of which they are a member, in a manner consistent with the requirements of this Ordinance, if such member requests to do so by notifying the staff liaison for their board or commission no less than thirty-six (36) three (3) hours in advance of the meeting. D. Participation by a City board or commission member, or a member of a committee thereof, in a meeting conducted by Remote Technology shall constitute presence and actual attendance for purpose of establishing a quorum, provided the following conditions are met: 1. All members of the board or commission participating in the meeting can see and hear one another or, if circumstances preclude an arrangement that would allow visual communication, hear one another; 2. All members of the board or commission participating in the meeting can see, hear or read all discussion, comment and testimony in a manner designed to provide maximum information sharing and, to the extent applicable, participation; 3. Members of the public have equivalent access to all discussion, comment and testimony, and to all votes and other dialogue, in a manner designed to provide maximum information sharing and participation; 4. All votes must be conducted by roll call; and 5. All other meeting-related requirements must be met, including advance notice with an explanation of how members of the board or commission and the public may participate and stating the right of the public to monitor the meeting, as well as the recording and preparation of meeting minutes. E. The staff liaison for the board or commission, or a committee thereof, or their designee shall initiate the meeting by Remote Technology not more than forty-five (45) minutes and not less than fifteen (15) minutes prior to the scheduled time of the meeting. F. In addition to the requirements set forth in this Section, the requirements of Section 4 of Ordinance No. 061, as amended by this Ordinance, shall apply to any Quasi- Judicial Hearing conducted by a City board or commission or a committee thereof using Remote Technology. G. If during any meeting of a board or commission or a committee thereof the presiding officer determines that the Remote Technology in use is not functioning Packet Pg. 60 -9- sufficiently to meet the conditions above during any particular item or meeting, the board or commission must continue such item or meeting to allow for improved technologies or other arrangements. Section 7. City Council may, by the adoption by Resolution of an updated Boards and Commissions Manual, update and supersede the provisions of this Ordinance, provided Council expressly states its intent to do so. Section 8. The Council may, by the affirmative vote of five members on a motion, authorize additional types of meetings, hearings or proceedings, or individual matters otherwise not allowed hereunder, to proceed using Remote Technology, provided the Council determines that the authorized action is pressing and requires prompt action and that the Remote Technology available for the proceeding will provide sufficient public participation and input called for by the type of meeting, hearing or proceeding or the individual matter, as applicable, in light of the specific circumstances. Section 9. This Ordinance shall supersede and replace in all respects Ordinance No. 061, 2020. Introduced, considered favorably on first reading, and ordered published this 2nd day of June, A.D. 2020, and to be presented for final passage on the 16th day of June, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of June, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 61 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY June 16, 2020 City Council STAFF John Phelan, Energy Services Manager Cyril Vidergar, Legal SUBJECT Resolution 2020-055 Authorizing Acquisition of Certain Assets and Operational Control of the Community Solar Project Located at the Riverside Avenue and Mulberry Street Intersection. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priority for being on the Council agenda: • Priority 4 - Items that are substantially complete, have completed significant public process, and are ready for Council consideration. The purpose of this item is to authorize Fort Collins Utilities (“Utilities”) acquisition of the assets of the Riverside Community Solar Project from Clean Energy Collective (“CEC”). Utilities will subsequently perform all program management and customer support functions, as well as operations and maintenance of the facility. CEC has been the owner, developer and operator of the Riverside Community Solar array since its construction in 2014-2015. CEC and Utilities have reached agreement on a transfer of ownership of the assets of the solar site to consolidate all program functions under Utilities. Current customers who own panels in the solar array will continue to receive credits on their bill, as they do today, based on the City’s applicable time of day rates as set forth in the City Code. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Clean Energy Collective (“CEC”) has been the owner, developer and operator of the Riverside Community Solar array since its construction in 2014-2015 on a site leased to CEC by the City at the intersection of Riverside Avenue and Mulberry Street. The Project contains 2,035 solar photovoltaic (PV) modules, at a total capacity of 621 kW, and Fort Collins Utilities customers “subscribed” to the Project by purchasing solar panel assets within the larger solar project. The Project was fully subscribed with ~205 participating customers before construction was complete in the summer of 2015. The land at the corner of Mulberry and Riverside, considered a gateway to the City, has been partially restored from its previous use by the Dreher Pickle Plant. It now hosts native plantings as a natural habitat buffer zone along the Poudre River. In 2019, the Project generated a net of 834 megawatt-hours of electricity. Customers participating in the Project earned a total of $54,332 in City utility bill credits. After exploring options to integrate time-of-day (TOD) rates into the Project, following Council’s adoption of TOD rates in 2018, CEC and Utilities ultimately determined the greatest benefit for electric utility ratepayers would be to transfer ownership of Project assets to and consolidate all program functions under Utilities. Under the terms of a draft Asset Purchase Agreement (APA), customers owning panels in the Project will continue to 6 Packet Pg. 62 Agenda Item 6 Item # 6 Page 2 receive credits on their monthly City utility bill based on the City’s applicable time of day rates as set forth in City Code. Consolidating Project management under City ownership benefits participating customers by simplifying the relationship between solar panel owners and Utilities and enabling improved customer service through centralized and locally responsive support. The existing bill credit process can be automated and simplified by incorporation into the new Utilities customer information system later this year. Upon Council adoption of this Resolution, Utilities will schedule a closing with CEC to execute the APA and confirm termination of prior service agreements CEC had with third parties for program functions. Thereafter, as early as late June or early July, Utilities will take over program management and customer support, including operations and maintenance. The ongoing maintenance costs of the Project will continue to be supported by segregating a portion of customer-owner bill credits in a Project operation and maintenance fund, as has been true for the last five years. Utilities anticipates that very few, if any, of the existing customers will stop participating in the program when Utilities takes over management. Transfer of Project control to the City will require customers sign a new participation agreement with Utilities to continue in the program. The current draft Continuing Customer Agreement and Program Rules are posted at www.fcgov.com/community-solar. Staff also prepared a customer notice, pending adoption of this Resolution, to provide directions on how to execute a new participation agreement, including the following: • Customers will have 90 days after the array acquisition to sign the new customer agreement. • Utilities will notify customers at 30- and 60-day intervals from the original request to sign the new agreement. • After 90 days, customers who have not signed the new participation agreement may no longer participate in the Project and will cease to receive bill credits for any share of the generation that would be attributed to their account. (They may re-join the program later if they retain panel ownership). • Customers who own modules in the Project can choose either to execute the new participation agreement with Utilities or sell their panels to another customer with an active City electric utility account. Utilities will not purchase panels from customers. • Customers who continue in the program may donate their bill credits to another customer account without having to sell their ownership share. Subscribing customers may become inactive in the program by failing to sign a new participation agreement or not maintaining an active electric service account. Bill credits that accrue for inactive customer-owners will be donated to the Payment Assistance Fund. As the Project is fully subscribed, new customers can only join when an existing customer wants to sell. Utilities will support a wait list and connect interested parties to buy and sell ownership interest. CITY FINANCIAL IMPACTS The price to purchase the Project assets is $1. This nominal charge is because participating customers own individual solar panels, and CEC’s ownership interest is de minimis. CEC has already taken advantage of any tax benefits related to Project, and no additional tax benefits are available to the City or subscribing customers. The Project assets also include the balance of the operations and maintenance fund (O&M) of approximately $50,000. The O&M fund, with ongoing replenishment from the participating customers, is sufficient and in good health for ongoing site and system maintenance and anticipated equipment replacement. This asset acquisition and subsequent program management has no net impact on the Electric Utility Enterprise Fund. 6 Packet Pg. 63 Agenda Item 6 Item # 6 Page 3 BOARD / COMMISSION RECOMMENDATION The Energy Board has not met since March, due to the COVID-19 pandemic, and therefore has had limited opportunity to consider this transaction or make a recommendation to Council. PUBLIC OUTREACH Utilities notified customers by email on June 4, 2020, advising them of Council consideration of this Resolution on June 16 and how to participate in the discussion about City acquisition of the Project. The notice also alerted customers that the acquisition will require customers to sign a new participation agreement with Utilities, and their prior participation agreement with CEC will be nullified. Once the acquisition is final, customers will be notified again by mail and email to execute a new participation agreement. Customers have 90 days from their notification after the Project acquisition to complete a new customer agreement and remain participants in the program. Utilities will notify them at 30- and 60-day intervals from the original request to sign the new agreement. Updates to the program web page were completed the week of June 1, 2020, including posting drafts of the continuing customer participation agreement and proposed program rules. ATTACHMENTS 1. CEC Customer Notification Termination of Agreement (PDF) 2. Customer Notification - Changes in Ownership of Riverside Community Solar Project (PDF) 6 Packet Pg. 64 [Date] [Customer Name] [Customer Address] Dear [Customer Name], We are writing with an important update regarding your community solar panel ownership in the CEC Solar #1038, LLC community solar project in Fort Collins. On [INSERT DATE], Clean Energy Collective, LLC (“CEC”) sold the assets of the solar facility, in which you own an interest in certain solar panels, to Fort Collins Utilities (the “Utility”). The Utility is now responsible for ongoing management and maintenance of the solar facility. As part of this acquisition, your Solar Advantage Sale Agreement with CEC Solar #1038, LLC (“Customer Agreement”) terminated with the termination of the Utility Purchase Agreement in accordance with Section 14(a) of your Customer Agreement. The Utility will be reaching out to you to enter into a new customer agreement directly with the Utility. The Utility will honor the terms under your old Customer Agreement, for up to ninety (90) days, until you execute the new customer agreement with the Utility. Under the new customer agreement with the Utility, you will continue to receive bill credits for solar production attributable to your portion of the solar output. As of the date of this letter, the Utility will be your point of contact for all aspects of your community solar panel ownership. If you have questions about this change, please contact the Utility’s customer care team at [utility phone number] or by email at [Utility email]. Thank you for supporting the generation of clean, renewable energy in Colorado. Clean Energy Collective, LLC ATTACHMENT 1 6.1 Packet Pg. 65 Attachment: CEC Customer Notification Termination of Agreement (9168 : Riverside Commmunity Solar Asset Acquisition) 6/3/2020 Changes in Ownership of Riverside Array https://myemail.constantcontact.com/Changes-in-Ownership-of-Riverside-Array.html?soid=1124726735031&aid=84yrhc9mS1g 1/2 SHARE: Join Our Email List Upcoming Changes to Ownership of the Riverside Community Solar Project Hello, Thank you for your commitment to clean renewable energy through your participation in community solar! We have an important update for you regarding the Riverside Community Solar Project (also known as CEC Solar #1038, LLC). Fort Collins Utilities is preparing to take ownership of the project’s assets from Clean Energy Collective (CEC). You will still own your existing solar panels in the project. After this transaction is complete, Utilities will assume all responsibilities for operating the array, providing customer service and support, and managing the Community Solar Program. You will continue to receive the same credits on your bill as you do today. On June 16, Fort Collins City Council will consider a resolution to approve the proposed purchase of the community solar array equipment and assets currently held by CEC Solar #1038, LLC. You can participate in the City Council meeting by phone or view the meeting remotely on FCTV beginning at 6 p.m. For details on the agenda and for participation and viewing options, visit fcgov.com/council. You will receive additional communications in the future from CEC and Utilities about transitions in the Community Solar Program. For more details, including updated program rules and the new Continuing Participation Agreement with Utilities that will replace your existing Solar Advantage Sale Agreement with CEC Solar #1038, LLC, visit fcgov.com/community-solar. Regards, Leland Keller ATTACHMENT 2 6.2 Packet Pg. 66 Attachment: Customer Notification - Changes in Ownership of Riverside Community Solar Project (9168 : Riverside Commmunity Solar Asset 6/3/2020 Changes in Ownership of Riverside Array https://myemail.constantcontact.com/Changes-in-Ownership-of-Riverside-Array.html?soid=1124726735031&aid=84yrhc9mS1g 2/2 Community Solar Program Fort Collins Utilities lkeller@fcgov.com 303-652-7748 mobile Utilities Home Contact Us Residential Business What We Do Connect with us 6.2 Packet Pg. 67 Attachment: Customer Notification - Changes in Ownership of Riverside Community Solar Project (9168 : Riverside Commmunity Solar Asset -1- RESOLUTION 2020-055 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING ACQUISITION OF CERTAIN ASSETS AND OPERATIONAL CONTROL OF THE COMMUNITY SOLAR PROJECT LOCATED AT THE RIVERSIDE AVENUE AND MULBERRY STREET INTERSECTION WHEREAS, the City entered into an agreement with Clean Energy Collective (CEC) in 2014 to develop a community solar project through which the City’s Electric Utility could facilitate “virtual net metering” for customers who are unable to locate photovoltaic solar panels on their properties; and WHEREAS, the City and CEC thereafter collaborated on the construction and electric system interconnection of the Riverside Solar Project (the Project) at the northeast corner of Riverside Avenue and Mulberry Street on real property lease by CEC from the City; and WHEREAS, the Project began commercial operation in 2015, at which time City utility customers purchased from CEC 25-year subscription-ownership interests that included individual ownership of solar panels and the energy generated for the anticipated 25-year life of the Project; and WHEREAS, subscribing customers thereafter began receiving credits directly on their City utility bills, based on the subscription interest each owned in the Project and a formula relying on electric service rates annually adopted by Council; and WHEREAS, in October 2018, pursuant to Ordinance No. 155, 2017, the City transitioned applicable electric utility service rates from a “tiered-based” structure to a “time-of-day-based” structure (TOD), and began applying TOD credits to community solar projects in January 2019; and WHEREAS, after implementing TOD credit rates, the City and CEC encountered unanticipated complications in applying TOD rates to Project customer bill credit formulae; and WHEREAS, the City and CEC explored options for integrating TOD credit rates into Project processes and determined in 2020 the integration could best be achieved with maximum benefit to customers by consolidating all program management and customer support functions under City Utility Services; and WHEREAS, Utility Services staff and CEC thereafter prepared an Asset Purchase Agreement (APA) and developed a list of assets and operational arrangements required for Utilities Services to take over ownership of certain assets and operation of the Project; and WHEREAS, under the proposed APA, subscribing customers owning panels in the Project will continue to receive credits on their bill, as they currently do, based on applicable TOD rates set forth in City Code Chapter 26, and Project operations will be simplified through local management of both operation and billing/credit functions by the Electric Utility; and Packet Pg. 68 -2- WHEREAS, among the assets and interests to be transferred by CEC to the City is an Operation & Maintenance fund (O/M Fund) established for the purpose of maintaining the Project, capital for which is sustained through installments from the bill credits otherwise issued to subscribing customers; and WHEREAS, the O/M Fund balance is currently $50,000, annual revenue deposits into the O/M Fund are approximately $10,000, and annual Project O/M expenditures are approximately $10,000; and WHEREAS, staff recommends Council approve and authorize the City Manager to execute the Asset Purchase Agreement (APA) attached hereto as Exhibit “A,” incorporated by this reference, to complete the transfer of Project operation from CEC to the City; and WHEREAS, the City Council desires to approve the APA between the City and CEC to transfer ownership of certain assets in and control of the Riverside Community Solar Project to the City to enable the Electric Utility’s continued operation of the Project directly for the benefit of its ratepayers. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Manager is hereby authorized to sign, on behalf of the City, the APA in substantially the form attached hereto as Exhibit “A”, with such additional or modified terms and conditions as the City Manager, in consultation with the City Attorney determines to be necessary and appropriate to protect the interests of the City or effectuate the purposes of this Resolution. Section 3. That the City Manager or his delegee is hereby further authorized to sign, on behalf of the City, all closing and other documents necessary to complete the transaction contemplated by the APA. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of June, A.D. 2020. Mayor ATTEST: City Clerk Packet Pg. 69 Execution Copy 1 ASSET PURCHASE AGREEMENT This Asset Purchase Agreement (this “Agreement”), dated as of June [__], 2020 (the “Effective Date”), is by and between CLEAN ENERGY COLLECTIVE, LLC, and CEC Solar #1038, LLC, a Colorado limited liability company (“Seller”) and THE CITY OF FORT COLLINS, a Colorado municipal corporation, through Fort Collins Utilities, (“Buyer”) for the purchase and sale of certain assets as described herein. Buyer and Seller are referred to herein as a “Party” or the “Parties”, individually or collectively, as appropriate. AGREEMENT WHEREAS, Clean Energy Collective, LLC, is a Colorado limited liability company and the sole owner of CEC Solar #1038, LLC, a Colorado limited liability company. WHEREAS, Seller has developed, constructed and operated a solar array facility (the “Project”) located at the site owned by the Buyer and described in Exhibit A. WHEREAS, since 2015, Seller has marketed and sold subscriptions in the Project to Fort Collins electric utility customers (“Customers”), operated the Project on behalf of such Customers, and brokered the exchange of pro-rata Customer interests in the solar power generated by the Project for Customer utility bill credits issued by Buyer. WHEREAS, Seller owns a 100% interest in the Project Assets (as defined below). WHEREAS, Seller desires to sell the Project Assets to Buyer, and Buyer desires to purchase such Project Assets. WHEREAS, Buyer agrees to extend Seller’s current Customer utility bill credit model for 90 days after the Effective Date to facilitate Customers’ transition to Continuing Customer Agreements or transfer of interests in the Project. NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. Purchase and Sale. On the terms and subject to the conditions set forth in this Agreement, at the Closing, (a) Seller agrees to sell, transfer, convey, assign and deliver all of its right, title and interest in and to the assets set forth in Exhibit B free and clear of all liens, mortgages, and other encumbrances other than Permitted Liens (the “Project Assets”), and (b) Buyer agrees to purchase and accept from Seller all such right, title and interest in and to the Project Assets. EXHIBIT A 1 Packet Pg. 70 Attachment: Exhibit A (9187 : Riverside Community Solar Asset Acquisition RESO) 2 2. Excluded Assets and Liabilities. Other than the Project Assets, the Parties expressly understand and agree that Buyer is not purchasing or acquiring, and Seller is not selling or assigning, any other assets or properties of Seller, and all such other assets and properties shall be excluded from the Project Assets (collectively, the “Excluded Assets”). 3. Buyer Responsibilities. Buyer shall be responsible for and agrees to pay, perform and discharge when due any and all amounts which may become due in connection with Buyer’s ownership and Buyer’s and Buyer’s Representatives’ operation of the Project Assets on or after the Closing, including, but not limited to, operation and maintenance of the Project, any necessary repairs that need to be made to the Project and all duties to the customers of the Project under the Continuing Customer Agreements (as defined below). For purposes of this Agreement, “Buyer’s Representatives” shall mean Buyer’s affiliates, contractors, subcontractors, agents and employees. 4. Waiver and Release. Except as otherwise expressly provided in this Section 4, the Parties each agree to solely bear any and all risk of claims by Customers or any other third party arising from events occurring during the period of their respective ownership of the Project Assets, and hereby release and agree to hold harmless the other Party from all claims by Customers or any other third party arising from events occurring during such periods (the “Released Liabilities”). The Parties agree that each will forever waive any right to make any claim or seek any recourse against the other Party in regard to the Released Liabilities regardless of whether or not such claim arises from the same or different or additional claims or facts; provided however that this Section 4 shall be subject to Section 12 and not be construed to waive or release any claim Buyer may have against Seller for the breach of this Agreement or any obligation associated with the Project and/or Project Assets arising prior to the Closing Date. 5. Purchase Price. The aggregate purchase price for the Project Assets shall be One Dollar ($1.00) (the “Purchase Price”). Buyer shall pay the Purchase Price by wire transfer to Seller of immediately available funds in accordance with the wire transfer instructions provided from Seller to Buyer. 6. Closing Date. The closing of the transactions contemplated herein (the “Closing”) will take place on the Effective Date (the “Closing Date”). 7. Transaction Costs. Except as otherwise expressly provided for herein (including Section 15 hereof), each Party shall bear its own costs incurred in connection with the negotiation and consummation of this Agreement, including, but not limited to any appraisal, engineering, accounting, financial advisory, brokerage or legal fees and expenses. 8. Closing Deliverables of Seller. On or before the Closing, Seller shall deliver or cause to be delivered to Buyer the following documents and shall take or cause to be taken the following actions: (a) Seller shall deliver to Buyer a counterpart signature to each Termination Agreement as defined below to which Seller, any affiliate of Seller or any third party is a party, duly executed by Seller, such affiliate or such third party, as applicable; and (b) Each customer for the Project shall have consented to the novation of its customer contract with Seller, and Seller shall deliver to Buyer any other consents, approvals and filings needed, to execute, deliver and perform Seller’s obligations under this Agreement. For purposes of this Agreement, “Termination Agreement” means a termination agreement to be effective as of the Closing Date in the forms attached hereto as Exhibit C with respect to (i) each Operation & Maintenance (O&M) Agreement; (ii) each Engineering, Procurement and Construction (EPC) Agreement; 1 Packet Pg. 71 Attachment: Exhibit A (9187 : Riverside Community Solar Asset Acquisition RESO) 3 (iii) the Sales Commission Agreement by and between CEC Solar #1038, LLC and Clean Energy Collective, LLC (“CEC”), dated April 30, 2014; (iv) the Development Agreement by and between the City of Fort Collins and Seller, dated March 20, 2015; (v) the Community Solar Generator Interconnection Agreement by and between Buyer and Seller, dated May 20, 2015; (vi) the Application Services Agreement by and between Also Energy, Inc. and Energy Equipment Limited, dated January 19, 2016; (vii) the Renewable Generator Power Purchase Agreement dated April 10, 2014, as amended; and (viii) the Land Lease Option Agreement (Solar Farm) by and between Seller and the City of Fort Collins, dated October 6, 2014, as amended. 9. Closing Deliverables of Buyer. On or before the Closing, Buyer shall deliver or cause to be delivered to Seller the following documents and shall take or cause to be taken the following actions: (a) Buyer shall deliver to Seller a counterpart signature to any Termination Agreement to which Buyer or the City of Fort Collins is a party, duly executed by Buyer or the City of Fort Collins, as applicable; (b) Buyer shall deliver to Seller any consents, approvals and filings needed, including but not limited to approval by the Fort Collins City Council, to execute, deliver and perform Buyer’s obligations under this Agreement; (c) Buyer shall pay or cause to be paid the Purchase Price as provided in Section 5; and (d) Buyer shall produce proof that Buyer has sent each customer Continuing Customer Agreements in substantially the model form attached hereto as Exhibit D to be effective 90 days after the Closing Date (collectively, the “Continuing Customer Agreements”). 10. Seller’s General Covenants, Representations and Warranties. As of the Closing Date, Seller hereby represents and warrants to Buyer, as follows: (a) it is duly organized, validly existing and in good standing under the laws of its jurisdiction of organization; (b) it has the legal authority to enter into this Agreement and to perform its obligations hereunder; (c) that this Agreement is enforceable and binding against Seller in accordance with its terms and conditions, except as such enforceability may be limited or denied by (i) applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights and the enforcement of debtors’ obligations generally, and (ii) general principles of equity, regardless of whether enforcement is pursuant to a proceeding in equity or at law; (d) this Agreement and the performance of its obligations hereunder neither violate any applicable law nor conflict with nor cause a breach under its organizational documents or any other agreements to which it is a party; (e) Seller has satisfied all reporting and/or payment obligations related to any tax credits associated with the Project such that no lien will attach to the Project Assets or claim against Buyer may be made with regard to such tax credits; 1 Packet Pg. 72 Attachment: Exhibit A (9187 : Riverside Community Solar Asset Acquisition RESO) 4 (f) Seller has good and valid title to all of the tangible Project Assets free and clear of any liens or other encumbrances, except for: (i) liens for Taxes not yet due and payable for which Seller shall provide a prorated final settlement subject to adjustment at the Closing, if applicable; and (ii) other imperfections of title or encumbrances, if any, that would not have a material adverse effect on the Buyer’s ownership interest in or right to continued use of the Project Assets (collectively, items (i) and (ii) above are referred to as “Permitted Liens”); and (g) Seller has filed all income Tax Returns and all material non-income Tax Returns that are required to be filed on or before the Closing Date applicable to the Project Assets (giving regard to valid extensions) in a timely, complete and accurate manner. For purposes of this Agreement, “Tax Return” means any returns, declarations, reports, claims for refund, information returns (including where permitted or required, any consolidated, combined or unitary returns) or other documents (including any related or supporting schedules, statements or information and any amendments thereof) filed or required to be filed in connection with the determination, assessment or collection of any Taxes or in connection with the administration of any statutes, laws, rules, regulations, orders or awards of any governmental authority relating to any Taxes. 11. Buyer’s Covenants, Representations and Warranties. As of the Closing Date, Buyer hereby represents and warrants to Seller as follows: (a) it is duly organized, validly existing and in good standing under the laws of its jurisdiction of organization; (b) it has the legal authority to enter into this Agreement and perform its obligations hereunder; (c) that it has heretofore delivered to Seller, as attached hereto, the model Continuing Customer Agreement to be used between Buyer and Customers of the Project; (d) For 90 days, beginning on the Effective Date (the “Transition Window”), Buyer will continue the Customer bill credit model used by Seller up to that date. During the Transition Window, Buyer will assist Customers enter into Continuing Customer Agreement to be effective at the end of the Transition Window and/or identify other interested utility users with whom Customers may negotiate the purchase-sale of Customers’ interests in the Project; (e) After the Transition Window, all Customers participating in the Project will be required to disclaim all rights under any customer contract with Seller and to enter into a Continuing Customer Agreement with Buyer (f) this Agreement is enforceable and binding against Buyer in accordance with its terms and conditions, except as such enforceability may be limited or denied by (i) applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights and the enforcement of debtors’ obligations generally, and (ii) general principles of equity, regardless of whether enforcement is pursuant to a proceeding in equity or at law; and (g) this Agreement and the performance of its obligations hereunder neither violate any applicable law nor conflict with nor cause a breach under its organizational documents or any other agreements to which it is a party. 1 Packet Pg. 73 Attachment: Exhibit A (9187 : Riverside Community Solar Asset Acquisition RESO) 5 12. Limitation of Liability. (a) For purposes of this Agreement, “Damages” means such damages as shall be payable in connection with this Agreement, under law or at equity. (b) WITHOUT DISCLAIMING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. SELLER MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE FUTURE PERFORMANCE OF THE PROJECT, ANY FUTURE PRODUCTIONS LEVELS OF ELECTRIC GENERATION OF THE PROJECT OR REVENUES THEREFROM, INCLUDING REVENUE IN CONNECTION WITH THE SALE OF NET METERING CREDITS, UTILIZATION OF TAX BENEFITS OR ENVIRONMENTAL ATTRIBUTES. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT REQUIRED BY APPLICABLE LAW, THE DISCLAIMERS CONTAINED IN THIS AGREEMENT ARE “CONSPICUOUS” FOR THE PURPOSES OF SUCH APPLICABLE LAW. THE PARTIES AGREE THAT THE EXPRESS REMEDIES AND MEASURES OF DAMAGES PROVIDED IN THIS AGREEMENT SATISFY THE ESSENTIAL PURPOSES HEREOF. THE LIABILITY OF ANY PARTY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE SOLE AND EXCLUSIVE REMEDY OF DIRECT ACTUAL DAMAGES ONLY, AND ALL LOSS OF BUSINESS, LOSS OF TAX CREDITS OR OTHER TAX BENEFITS, LOSS OR DELAY OF FUNDING, INTEREST CHARGES, COST OF CAPITAL, CLAIMS OF CUSTOMERS, BUSINESS INTERRPUTION, LOST PROFITS, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND OTHER DAMAGES IN LAW OR EQUITY ARE WAIVED, WHETHER BY STATUTE, IN TORT OR UNDER CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, NOTWITHSTANDNG THE CONTRARY, IF THE DAMAGES ATTRIBUTABLE TO ANY BREACH OF THIS AGREEMENT BY SELLER SHALL EXCEED THE PURCHASE PRICE TO SELLER HEREUNDER, THEN SELLER’S LIABILITY IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE DIRECT ACTUAL DAMAGES AND ALLOCATED ACCORDING TO THE RESPONSIBILITIES SET FORTH IN SECTION 4, AND SUCH DIRECT ACTUAL DAMAGES (AS SO LIMITED) SHALL BE THE SOLE AND EXCLUSIVE REMEDY IN RESPECT TO ANY BREACH BY SELLER OF THIS AGREEMENT AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. (c) BUYER ACKNOWLEDGES AND CONFIRMS THAT IT IS NOT RELYING UPON ANY REPRESENTATION, WARRANTY, GUARANTY, PROMISE, STATEMENT OR INDUCEMENT, ORAL OR WRITTEN, EXPRESSED OR IMPLIED, WHICH MAY HAVE BEEN MADE BY SELLER OR OTHERS ACTING OR PURPORTING TO ACT ON BEHALF OF SELLER WITH RESPECT TO THE PAST, PRESENT OR FUTURE CONDITION OF THE PROJECT ASSETS, THEIR ACTUAL OR PROJECTED INCOME, EXPENSES, OPERATION, VALUE, USES, MAINTENANCE, OR ANY OTHER ASPECT OF THIS TRANSACTION OR THE PROJECT ASSETS, EXCEPT THE ABSENCE OF ASSOCIATED LIENS AND OTHER ENCUMBRANCES OF ANY FORM OTHER THAN PERMITTED LIENS, AND BUYER AGREES TO ACCEPT TITLE TO THE PROJECT ASSETS IN THEIR PRESENT CONDITION, “AS-IS”, WITHOUT WARRANTY, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR HEREIN. 13. Assignment. No Party may assign this Agreement without the prior written consent of the other Party. 1 Packet Pg. 74 Attachment: Exhibit A (9187 : Riverside Community Solar Asset Acquisition RESO) 6 14. Reserved. 15. Transfer Taxes. All transfer, sales, use, registration, documentary, stamp, value added and other such Taxes and fees (including any penalties and interest) incurred in connection with the title transfer described in this Agreement and the other transaction documents, if any, shall be borne and paid by Buyer when due. Buyer shall, at its own expense, timely file any returns, declarations, reports, information returns and statements and other documents relating to Taxes (including amended returns and claims for refund), and Seller shall cooperate with respect thereto as reasonably necessary. For purposes of this Agreement, “Taxes” means all federal, state, local, foreign and other income, gross receipts, sales, use, production, ad valorem, transfer, documentary, franchise, registration, profits, license, withholding, payroll, employment, unemployment, excise, severance, stamp, occupation, premium, property (real or personal), customs, duties or other taxes, fees, assessments or charges of any kind arising after or by virtue of the transaction of the Closing, together with any interest, additions or penalties with respect thereto. “Taxes” does not include any of the preceding financial obligations accruing or otherwise arising prior to the date of the Closing and/or due and payable by Seller associated with Seller’s ownership, operation of, or generation of income from the Project and/or Project Assets prior to the date of the Closing, 16. Notices. All notices required or given pursuant to this Agreement must be in writing and must be personally delivered or mailed by United States certified mail, return receipt requested, with postage prepaid, or sent by a reputable overnight air courier service (such as Federal Express, UPS or DHL). If mailed, a notice will be deemed to be received on the second business day following the date of mailing. Notices must be sent to the receiving Party at the address set forth below (or such other address as a Party may hereafter designate in writing to the other Party): To Buyer: City of Fort Collins 300 Laporte Avenue PO Box 580 Fort Collins, CO 80522 Attn: John Phelan Email: jphelan@fcgov.com With copies (which shall not constitute notice) to: Lisa Rosintoski, Deputy Director of Utilities Service Email: lrosintiski@fcgov.com and Judy Schmidt, Senior City Attorney jschmidt@fcgov.com To Seller: CEC Solar #1038, LLC c/o Clean Energy Collective, LLC 363 Centennial Pkwy, Suite 300 Louisville, CO 80027 1 Packet Pg. 75 Attachment: Exhibit A (9187 : Riverside Community Solar Asset Acquisition RESO) 7 Attn: Tom Sweeney. CEO Email: tom.sweeney@cleanenergyco.com With a copy (which shall not constitute notice) to: Katherine Worden, Chief Legal Officer Email: katherine.worden@cleanenergyco.com 17. Entire Agreement; Merger. The terms of this Agreement supersede and cancel all prior and contemporaneous oral or written agreements and understandings of Buyer and Seller in respect of the Project and transactions contemplated herein. Notwithstanding the contrary, the Parties acknowledge and agree that the Mutual Non-Disclosure Agreement, dated as of January 8, 2014, between Buyer and CEC (the “NDA”) shall remain in effect in accordance with its terms and conditions, and that it shall apply both to the subject matter of this Agreement, and to all matters other than the subject matter of this Agreement. However, Buyer’s disclosure of this Agreement to Customers, or in the defense of any claim asserted by Customers shall not be considered a breach of the NDA. 18. Modifications and Waivers. No such waiver, and no modification, amendment, discharge or change of this Agreement will be valid unless the same is in writing and signed by the Party against whom the enforcement of such modification, waiver, amendment, discharge or change is sought. This Agreement may not be amended except by written agreement executed by all Parties. 19. Successors and Assigns. All rights and obligations arising out of this Agreement will inure to the benefit of and be binding upon the respective successors and permitted assigns of the Parties hereto. 20. Governing Law. This Agreement and all matters arising hereunder or in connection herewith shall be governed by, interpreted under, construed and enforced in accordance with the laws of the State of Colorado, without regard to the conflicts of law principles thereof. Venue for any action arising in connection with this Agreement shall be in Larimer County, Colorado District Court. 21. Remedies. Except as limited by this Agreement, all rights, powers, and remedies of the parties hereunder are cumulative and concurrent and shall be in addition to and not exclusive of any appropriate legal or equitable remedy provided by law or contract. 22. Interpretation. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement. 23. Severability. If any provision of this Agreement is finally adjudicated to be invalid, illegal or unenforceable, in whole or in part, it will be deemed deleted to that extent, and all other provisions of this Agreement will remain in full force and effect. 24. Counterparts. This Agreement may be executed in more than one counterpart, each of which will be deemed to be an original, but all of which together will constitute one original. This Agreement will not be binding on the Parties until each Party has executed a counterpart of this Agreement. A signed copy of this Agreement delivered by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. 25. Non-Recourse. This Agreement may only be enforced against, and any claim, action, suit or other legal proceeding based upon, arising out of or related to this Agreement, or the negotiation, 1 Packet Pg. 76 Attachment: Exhibit A (9187 : Riverside Community Solar Asset Acquisition RESO) 8 execution or performance of this Agreement, may only be brought against the entities that are expressly named as parties hereto and then only with respect to the specific obligations set forth herein with respect to such party. No past, present or future director, councilmember, officer, employee, incorporator, manager, member, partner, equity holder, affiliate, agent, attorney or other representative of any party hereto or of any affiliate of any party hereto, or any of their successors or permitted assigns, shall have any liability for any obligations or liabilities of any party hereto under this Agreement or for any claim, action, suit or other legal proceeding based on, in respect of or by reason of the transactions contemplated hereby. (Signature page follows) 1 Packet Pg. 77 Attachment: Exhibit A (9187 : Riverside Community Solar Asset Acquisition RESO) 1 Packet Pg. 78 Attachment: Exhibit A (9187 : Riverside Community Solar Asset Acquisition RESO) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above by their respective officers thereunto duly authorized. CEC SOLAR #1038, LLC By: Clean Energy Collective, LLC, its Manager By_____________________ Tom Sweeney Chief Executive Officer FORT COLLINS UTILITIES By_____________________ Darin A. Atteberry City Manager ATTEST: City Clerk Approved as to form Assistant/City Attorney 1 Packet Pg. 79 Attachment: Exhibit A (9187 : Riverside Community Solar Asset Acquisition RESO) LIST OF EXHIBITS TO ASSET PURCHASE AGREEMENT Exhibit A – Description of Project Exhibit B – Project Assets Exhibit C – Termination Agreements Exhibit D – Model Continuing Customer Agreement 1 Packet Pg. 80 Attachment: Exhibit A (9187 : Riverside Community Solar Asset Acquisition RESO) Exhibit A Description of Project CEC Solar #1038, LLC solar array located at or about 500 Riverside Avenue, Fort Collins, Colorado 80521 1 Packet Pg. 81 Attachment: Exhibit A (9187 : Riverside Community Solar Asset Acquisition RESO) Exhibit B Project Assets The following equipment: Inverter(s) Inverter Type: Schneider GT500-480 Manufacturers Serial #: C11323160565 Racking Racking Type: RBI-Ground Mounted DAS Monitoring Type: Also Energy including any ancillary solar equipment located on the Site (but excluding the modules, which are owned by the Project’s customers) and any existing warranties with respect to such equipment to the extent such warranties are assignable. Balance of Operations and Maintenance fund of $[45,417.92] less any amounts that are outstanding as of the Closing such as Seller’s share of any Taxes through the Closing. 1 Packet Pg. 82 Attachment: Exhibit A (9187 : Riverside Community Solar Asset Acquisition RESO) Exhibit C Termination Agreements See attached. 1 Packet Pg. 83 Attachment: Exhibit A (9187 : Riverside Community Solar Asset Acquisition RESO) Exhibit D Model Continuing Customer Agreement (Subject to revision by Buyer) 1 Packet Pg. 84 Attachment: Exhibit A (9187 : Riverside Community Solar Asset Acquisition RESO) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY June 16, 2020 City Council STAFF Darin Atteberry, City Manager Tyler Marr, Deputy Director, Information & Employee Services Carrie M. Daggett, Legal SUBJECT Resolution 2020-058 Declaring that Fort Collins is Essential and Expressing Council's Support of Fair, Direct Federal Emergency Support to Reopen and Rebuild Local American Economies. EXECUTIVE SUMMARY The purpose of this item is to provide support for the National League of Cities’ efforts as they implore Congress to provide direct federal support to all of America’s cities regardless of population size. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Cities, villages and towns across the country are facing significant financial burdens due to the ongoing COVID-19 pandemic. Through the CARES Act, the federal government provided aid to municipalities with a population of 500,000 or more. The City and many other communities were left out. Federal assistance could provide significant support to offset expenses and revenue gaps while the City works through its 2020 and 2021 budgets. It is reported that Congress is discussing a fourth COVID-19 aid package. In this new package, the City is hoping to receive direct assistance, which the federal government has not provided to the City, or communities like it. Aligning with Resolution 2020-033, which was passed in late March, approval of this resolution will support the National League of Cities’ request to Congress that they allocate fair and direct federal support to all of America’s cities, regardless of population size. Staff will continue to work with the legislative delegation to communicate the City’s financial challenges and believe this resolution provides necessary support for the National League of Cities’ efforts. 7 Packet Pg. 85 -1- RESOLUTION 2020-058 OF THE COUNCIL OF THE CITY OF FORT COLLINS DECLARING THAT FORT COLLINS IS ESSENTIAL AND EXPRESSING COUNCIL’S SUPPORT OF FAIR, DIRECT FEDERAL EMERGENCY SUPPORT TO REOPEN AND REBUILD LOCAL AMERICAN ECONOMIES WHEREAS, America’s cities, towns and villages face unprecedented threats due to the ongoing COVID-19 pandemic emergency; and WHEREAS, municipalities are essential to America’s economic recovery and without funding support for local governments, municipalities may go from being a critical part of the economic solution, to becoming a major obstacle to long-term stabilization and recovery; and WHEREAS, America’s cities, towns and villages will experience budgetary shortfalls of up $134 billion in fiscal year 2020 alone, and the negative effects of the pandemic emergency on local communities will continue long after this year; and WHEREAS, three million critical municipal worker jobs are at risk, threatening cuts to basic community services, including 9-1-1 response and other public safety functions, infrastructure maintenance, parks and recreation, transportation and transit, sustainability services and critical support systems; and WHEREAS, communities have taken extraordinary measures to protect health, safety, and the continuation of essential services throughout the emergency; and WHEREAS, Fort Collins has experienced high unemployment and temporary business shutdowns in restaurant and retail, travel and leisure, outdoor recreation, personal services and other industries; and WHEREAS, the City of Fort Collins has seen significant decline in sales tax collections while working to ensure safe municipal services and support to all Fort Collins residents and businesses, including our most vulnerable such as our homeless residents; and WHEREAS, the City also experienced public facility closures and loss of fees – specifically hard hit were the arts and culture, parks and recreation departments; and WHEREAS, the City is $10.8 million under budget through May 2020, and projecting shortfalls between $22 million and $41 million for 2020; and WHEREAS, America’s rural communities and medium-sized and small towns are struggling just as much as big cities and risk being left behind or wiped out entirely. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 86 -2- Section 1. That the City of Fort Collins calls on Congress to allocate fair and direct federal support to all of America’s communities, regardless of population size. Section 2. That this funding must be flexible and address not only the additional expenses incurred by communities to respond to the pandemic emergency, but also the dramatic budgetary shortfalls resulting from pauses in commerce, tourism, and other economic engines. Section 3. That local governments will ensure federal funds are immediately used to rebuild and reopen the national economy. Section 4. That funding will keep middle class workers employed and critical services operating. Section 5. That the City of Fort Collins has been part of the emergency response and now calls on Congress to build a united national partnership for a safe, healthy, prosperous life. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of June, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 87 June 16, 2020 a Packet Pg. 88 Attachment: Staff rpt - Priority 1 Presentation (9207 : Staff rpt - Priority 1 Presentation) 2 Priority 1 Call Process Rena Martinez, Director & Assistance Chief John Feyen a Packet Pg. 89 Attachment: Staff rpt - Priority 1 Presentation (9207 : Staff rpt - Priority 1 Presentation) Strategic Alignment Safe 1 – Response time to Priority 1 Calls • Measures our response to our most critical calls • Expected level of core law enforcement service • Goal is 5:30 from call creation to an officer on scene • Target derived from Benchmark City comparison 3 a Packet Pg. 90 Attachment: Staff rpt - Priority 1 Presentation (9207 : Staff rpt - Priority 1 Presentation) Priority 1 Calls 4 Burglary in Progress Kidnapping Robbery Sentinel Alarms Shooting Sierra Activations Stabbing a Packet Pg. 91 Attachment: Staff rpt - Priority 1 Presentation (9207 : Staff rpt - Priority 1 Presentation) Priority 1 Call Process 5 CREATION Call Entry Mask is opened by call taker; automatic with 911 ENTERED Call taker sends call info to Dispatcher DISPATCH Dispatcher assigns officers to the call EN ROUTE Officers are responding to the call ON SCENE Officers arrive on scene of the call for service 1:01 0:31 0:11 3:26 Overall Avg for 2019 (create to on scene) – 5:09 a Packet Pg. 92 Attachment: Staff rpt - Priority 1 Presentation (9207 : Staff rpt - Priority 1 Presentation) Annual Comparison 6 05:56.0 05:40.0 05:09.0 267 254 207 0 50 100 150 200 250 300 04:45.1 04:53.8 05:02.4 05:11.0 05:19.7 05:28.3 05:37.0 05:45.6 05:54.2 06:02.9 2017 2018 2019 # OF PRIORITY 1 CALLS AVERAGE RESPONSE TIME Average # Calls 5:30 Target a Packet Pg. 93 Attachment: Staff rpt - Priority 1 Presentation (9207 : Staff rpt - Priority 1 Presentation) Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY June 16, 2020 City Council STAFF Adam Molzer, Grant & Community Partnership Coordinator Ingrid Decker, Legal SUBJECT Items Relating to the Completion of the 2020 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG) Program, Federal HOME Investment Partnerships (HOME) Program, the City’s Affordable Housing Fund (AHF) and the City’s Human Services Program (HSP), and Appropriating Funding Accordingly. EXECUTIVE SUMMARY A. Public Hearing and Resolution 2020-056 Approving the Programs and Projects that Will Receive Funds from the Federal Community Development Block Grant Program, HOME Investment Partnerships Program, the City’s Affordable Housing Fund, and the City’s Human Services Program. B. Public Hearing and First Reading of Ordinance No. 081, 2020, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. C. Public Hearing and First Reading of Ordinance No.082, 2020, Appropriating Unanticipated Revenue in the HOME Investment Partnerships Fund. This item meets the following COVID-19 emergency priorities for being on the Council agenda: • Priority 7 - Items that are required to comply with federal or state legal or other requirements. The purpose of this item is to approve funding recommendations of the 2020 Spring Cycle of the Competitive Process and appropriate federal dollars. The Resolution will complete the 2020 Spring Cycle of the Competitive Process for allocating $3,480,278 in City financial resources to affordable housing and public facility projects, human service programs and administration of the programs. The Ordinances will appropriate the City’s FY2020 CDBG Entitlement Grant and FY2020 HOME Participating Jurisdiction Grant from the Department of Housing and Urban Development (HUD), and CDBG program income and CDBG reconciled funds from FY2018 and FY2019, and HOME program income and HOME reconciled funds from FY2018 and FY2019. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and both Ordinances on First Reading. BACKGROUND / DISCUSSION The Resolution establishes which programs and projects will receive funding with CDBG, HOME, AHF and HSP funds for the 2020 program year. CDBG and HOME are federal dollars allocated through HUD. AHF and 8 Packet Pg. 94 Agenda Item 8 Item # 8 Page 2 HSP funds are allocated from the General Fund (GF) and Keep Fort Collins Great (KFCG). In 2020, the total dollar amount allocated is $3,480,278. The following table shows available dollars in each funding category: FY2020 Funding Categories Funding Source Amount FY2020 Housing $2,030,000 FY2020 Human Service $1,153,998 FY2020 Planning and Administration $296,280 Total $3,480,278 Federal funds available for allocation total $2,431,879. These funds are sourced from 8 categories designated by HUD, including: FY2020 Entitlement Grants (CDBG and HOME - new funding), FY2019 and FY2018 Unanticipated Program Revenue (CDBG and HOME - new funding), Prior Year Funds (CDBG and HOME - re- appropriated). Unanticipated Revenue Funds include repayments from loans issued for rehabilitation, homebuyer assistance, acquisition and development. Fifteen percent (15%) of CDBG funds received can be allocated towards public services. Twenty percent (20%) of CDBG funds received can be allocated to current year planning and administration. Prior Year Funds (CDBG and HOME FY2019) represent previous Council-committed funds that are available for re-allocation in the housing category only. Total federal contribution to the Housing category is $1,871,249. The maximum limit allowed by HUD regulations in the Human Service category for the CDBG Entitlement grant and current year CDBG Program Income is 15%. HUD waived that requirement for FY20 to allow jurisdictions more flexibility in responding to the COVID-19 pandemic. The CDBG Commission began its deliberations on applications in the Housing category with $717,330 in funds to allocate ($1,103,585 in total FY20 CDBG funds, less 20% for planning and administration costs, and 15% set aside for Human Services.) After the CDBG Commission made the housing recommendations, there was an unallocated balance of $82,238 in CDBG funding that was available to convert to Human Service funding using the waiver guidance ($717,330 less $635,093 actually allocated for Housing equals $82,238) resulting in a total of $247,775 in FY20 CDBG funds to be used for Human Services programs. Total federal contribution to the Human Service category is $264,350: $247,775 from the FY2020 CDBG Entitlement grant and $16,575 from CDBG FY2019 Unanticipated Program Income. HUD regulations allow a maximum of 20% of the CDBG Entitlement grant ($220,717) to be used for CDBG planning and program administration costs. HUD regulations allow a maximum of 10% of HOME Entitlement grant ($75,563) to be used for HOME planning and program administration. Total federal contribution to the Planning and Program Administration category is $296,280. The following table provides a summary of 2020 federal funding sources for Housing, Human Service and Planning/Program Administration: 8 Packet Pg. 95 Agenda Item 8 Item # 8 Page 3 FEDERAL FUNDS Funding Source Total Funds Housing Human Services Planning/ Administration FY20 CDBG Entitlement Grant $1,103,585 $635,093 $247,775 $220,717 FY19 Unanticipated Revenue CDBG $96,252 $79,677 $16,575 FY18 Unanticipated Revenue CDBG $43,538 $43,538 Prior Year CDBG Funds $241,692 $241,692 FY20 HOME Entitlement Grant $755,635 $680,072 $75,563 FY19 Unanticipated Revenue HOME $74,468 $74,468 FY18 Unanticipated Revenue HOME $41,837 $41,837 Prior Year HOME Funds $74,872 $74,872 TOTAL Federal Funds $2,431,879 $1,871,249 $264,350 $296,280 The City’s contribution to the Housing category is $260,528 The City’s contribution to the Human Service category is $889,648. City Funds do not contribute towards planning and program administration. The following table provides a summary of 2020 City Funding for Housing and Human Service, including differentiation between General Fund and KFCG sources for each: CITY FUNDS Funding Source Total Funds Housing Human Service Planning/ Administration Human Service Program (GF) $521,601 $521,601 Affordable Housing Fund (GF) $260,528 $260,528 KFCG $368,047 $368,047 TOTAL City Funds $1,150,176 $260,528 $889,648 COMBINED FUNDING TOTALS Total Funds Housing Human Service Planning/ Administration $3,582,055 $2,131,777 $1,153,998 $296,280 The City received 51 housing and human service applications totaling $5,055,882. In the housing category, six (6) proposals were received totaling $3,310,000. There is a shortage in Housing dollars of $1,178,223. In the Human Service and Public Facility category 45 applications were received totaling $1,745,882 (Attachment 1). There is a shortage in Human Service dollars of $591,884. The following table summarizes the amount of funding requests compared to the amount of funding available for each of the categories: 8 Packet Pg. 96 Agenda Item 8 Item # 8 Page 4 FY2020 Funding Requests by Category Category Number of Applications Available Funding Requested Funding Available - Request Difference Administration - CDBG * $220,717 220,717 $0 Administration - HOME * $75,563 $75,563 $0 Housing 6 $2,131,777 $3,310,000 - $1,178,223 Human Service & Public Facility 45 $1,153,998 $1,745,882 - $ 591,884 Totals 51 $3,582,055 $5,352,162 - $1,770,107 CITY FINANCIAL IMPACTS The CDBG and HOME programs provide federal funds from HUD to the City of Fort Collins which can be allocated to housing and community development related programs and projects and administration of the funds, thereby, reducing the demand on the City’s General Fund budget to address such needs. In FY2020, the total amount of federal funds available for allocation is $2,431,879 and the City’s contribution is $1,150,176. These dollars allow applicants to leverage other funding sources to provide needed services in our community. Through the provision of affordable housing, more of Fort Collins’ workforce can reside within the community. This means there is an available labor pool within the City, which is a positive benefit to economic sustainability. Human Service programs contribute to economic sustainability and homelessness prevention by providing such programs as education, childcare, counseling, and rent assistance, so workers can maintain their employment and housing. Due to COVID-19 causing anticipated budget shortfalls, it may be necessary to proportionately decrease grant amounts should the City’s General Fund and Keep Fort Collins Great funds (KFCG) not meet forecasted expectations. If a scaling of funds is deemed necessary by City leaders, the organizations receiving grant awards from the General Fund and KFCG may be reduced. Organizations receiving federal funding would be exempt. No funding amount would drop below $5,000. The funding agreement contracts will include these terms. BOARD / COMMISSION RECOMMENDATION The CDBG Commission recommends adoption of its funding recommendations made on May 13 and May 14, 2020. The Commission read all applications, listened to video-recorded presentations by each housing applicant, and asked clarifying questions. Additionally, in the Housing category, the Commission reviewed the priority rankings of the Affordable Housing Board (Attachment 2), the goals of the Affordable Housing Strategic Plan and the priorities of the HUD required Five-Year Consolidated Plan. In the Human Service category, they considered the performance of current grantees, the priority areas of the Social Sustainability Strategic Plan (Attachment 3), community needs and the program’s potential to address community needs. The Commissioners then completed a scorecard to reflect their evaluations of the Human Service proposals relative to a series of weighted criteria. The proposals were then placed in descending ranked order based on the average scores of all participating Commissioners (Attachment 4). Statistical breaks were identified within the ranked order and the Commission proceeded to deliberate funding recommendations following a rules- based protocol they had predetermined. Minimal modifications were required to adapt the grant process due to the COVID-19 pandemic. Further, COVID-19 was not a leading determinant or evaluation criteria in the CDBG Commission’s process for two primary reasons: (1) The grant proposals were submitted and review began pre-COVID; (2) It is 8 Packet Pg. 97 Agenda Item 8 Item # 8 Page 5 understood that the programs requesting funding will remain largely intact and serving the same community needs during the funding term (October 2020-September 2021). The affordable housing applicants were asked if COVID-19 is anticipated to impact their project timeline and all six applicants indicated that the projects would not be delayed. The human services applicants were asked how the social and economic impacts of COVID-19 may affect their future programming. Their responses were shared with the CDBG Commission for general awareness and consideration. The recent grant efforts to deploy COVID-19 Response and Recovery Funding received from the CARES Act were managed and evaluated separately from the CDBG Commission’s FY20 grant process. All applicants involved in the regular grant process were also notified of the CDBG COVID Response and Recovery application and provided with the opportunity to apply for COVID specific response costs. The CDBG Commission members are subject to certain rules of ethical conduct established by the City Charter and Code, including refraining from voting on or attempting to influence any decision in which he or she has a financial or personal conflict of interest. At the Commission’s regular meeting on March 11, 2020, a presentation from the Senior Assistant City Attorney was made to all the CDBG Commission members detailing the City Charter and Code provisions regarding conflict of interest and the disclosure process. The following tables present the allocations recommended by the Commission to City Council within each major category: Planning and Administration Category Applicant Project/Program Funding Request Recommended Funding Unfunded Balance Percent of Request Funded City of Fort Collins: CDBG Administration/Planning $ 220,717 $ 220,717 $0 100% City of Fort Collins: HOME Administration/Planning $ 75,563 $ 75,563 $0 100% Administration/Planning Total $ 296,280 $ 296,280 $0 100% Housing Category In the Housing category, six proposals were received. The CDBG Commission is recommending five of the six housing proposals for full funding. One proposal is recommended for $0 funding. There was a funding gap of $1,178,223. Those recommendations are listed in the table below: Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded CARE Housing: Swallow Road Rehabilitation $1,000,000 $1,000,000 $0 100% Habitat for Humanity: Poudre Build #7 $80,000 $80,000 $0 100% Loveland Housing Corporation: Larimer Home Improvement Program $150,000 $150,000 $0 100% Mercy Housing: North Field Affordable $550,000 $550,000 $0 100% Neighbor to Neighbor: 80 Unit Rehab at Agenda Item 8 Item # 8 Page 6 Volunteers of America: Senior Residences at Spring Creek $250,000 $250,000 $0 100% Housing Total $3,310,000 $2,030,000 $1,280,000 61% There was an unallocated balance of $101,777 remaining in City Affordable Housing Funds. This funding was not sufficient to move the remaining project forward. The funds can be re-appropriated for use for affordable housing projects in 2021. Human Service Categories In the Human Service and Public Facility category, 45 proposals were received and 40 are being recommended for funding, ranging from 28% to 97% of requests. Five proposals are not being recommended for funding. There is a funding gap of $591,884. Those recommendations are listed in the table below: Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded A Little Help: A Little Help in Fort Collins $35,000 $21,000 $14,000 60% Alliance for Suicide Prevention: Postvention Trauma Response $10,000 $5,000 $5,000 50% Boys & Girls Clubs of Larimer County: Our Future, Our Promise Program $35,000 $30,000 $5,000 86% CASA Program: Court Appointed Special Advocates $52,558 $45,000 $7,558 86% CASA Program: Harmony House Supervised Visitation $49,032 $40,000 $9,032 82% Catholic Charities: Senior Services $40,000 $27,000 $13,000 68% Catholic Charities: The Mission Shelter $75,000 $65,000 $10,000 87% The Center for Family Outreach: Family Intervention Specialist $24,128 $13,000 $11,128 54% Children’s Speech & Reading Center: CSPC Programs $25,000 $10,000 $15,000 40% ChildSafe Colorado: Child Sexual Abuse Treatment Program $55,380 $32,000 $23,380 58% Colorado Health Network : Northern Colorado Health Network (NCAP) $5,000 $0 $5,000 0% Crossroads Safehouse: Advocacy Project $59,757 $40,000 $19,757 67% Disabled Resource Services: Access to Independence $38,239 $20,000 $18,239 52% Early Childhood Council of Larimer County: Expanding Professional Possibilities in Early Childhood $36,304 $10,000 $26,304 28% Agenda Item 8 Item # 8 Page 7 Homeward Alliance: Homeward Alliance Programs $35,000 $30,000 $5,000 86% Homeward Alliance: Murphy Center Programs $35,000 $30,000 $5,000 86% Larimer County Partners: One to One Mentoring $15,000 $5,000 $10,000 33% Light of the Rockies Christian Counseling Center: Suicide Prevention $15,000 $0 $15,000 0% Meals on Wheels for Fort Collins: Meal Delivery Program $38,000 $29,000 $9,000 76% Neighbor to Neighbor: Homelessness Prevention Programs $140,000 $135,498 $4,502 97% Neighbor to Neighbor: HomeShare $40,000 $22,000 $18,000 55% Plan de Salud del Valle: Access to Integrated Primary Care Services $100,000 $50,000 $50,000 50% Project Self-Sufficiency: Selfpower Program to Self-Sufficiency $35,000 $21,000 $14,000 60% Respite Care: Childcare Scholarships $40,000 $30,000 $10,000 75% SAVA Center: Sexual Assault Victim Services $50,000 $30,000 $20,000 60% SAVA Center: Prevention Education $50,000 $14,000 $36,000 28% SummitStone Health Partners: Community Behavioral Health Treatment Program $35,000 $20,000 $15,000 57% SummitStone Health Partners: Imperative Mental Health Services at the Murphy Center $30,000 $20,000 $10,000 67% Teaching Tree Early Childhood Learning Center: Childcare Scholarships $85,000 $72,000 $13,000 85% The Family Center/La Familia: Early Childhood Education & Family Support Services $75,000 $64,000 $11,000 85% The Matthews House: Youth & Family Center $42,432 $25,000 $17,432 59% The Salvation Army: Rent & Utility Assistance $20,000 $12,000 $8,000 60% Turning Point Center for Youth and Family Development: Crisis Intervention Services $30,000 $17,000 $13,000 57% UCHealth Northern Colorado Foundation: Family Medicine Center Food Pantry $25,000 $12,500 $12,500 50% Agenda Item 8 Item # 8 Page 8 Volunteers of America: Home Delivered Meal Service $38,700 $25,000 $13,700 65% Human Service Total $ 1,745,882 $ 1,153,998 $ 591,884 66% Funding Recommendations by Category A summary of the funding recommendations by category is presented in the following table: Category Recommended Funding % of Total CDBG and HOME Program Administration $ 296,280 9% Housing $ 2,030,000 58% Human Service $ 1,153,998 33% Total $ 3,480,278 100% The justifications for the CDBG Commission’s recommendations can be found in the minutes of the May 13 and May 14, 2020 meetings (Attachments 5 and 6). PUBLIC OUTREACH The CDBG Commission met on May 4, 2020, to discuss the merits of the housing and the human services proposals and identify follow-up questions for the applicants, without any funding discussion. The Affordable Housing Board met on May 7, 2020, and created its own project ranking list, which was then made available to the CDBG Commission as a resource to consider during funding deliberations. The CDBG Commission held a meeting on May 13, 2020, to deliberate the affordable housing proposals and make funding recommendations. The CDBG Commission held a meeting on May 14, 2020, to deliberate the human services proposals and make funding recommendations. All meetings were open to the public and added to the City calendar. The City of Fort Collins Citizen Participation Plan for HUD funds requires a 30-day public comment period on the proposed allocation of CDBG and HOME funds prior to Council’s final decision. Staff placed an ad in the Coloradoan newspaper on May 17, 2020, presenting the list of recommended funding for programs/projects and indicated the public comment period would start on May 18, 2020, and end on June 16, 2020. The Council meeting on June 16, 2020, will serve as a Public Hearing and comments will be recorded and reported to HUD in August. Public notice of funding recommendations was placed on the Social Sustainability Department’s website. It was also distributed to applicants and twelve entities serving a majority of clients in legally protected classes: (1) those in a racial/ethnic minority, (2) those with a disability, or (3) female heads of households or (4) serving those community members who might otherwise have barriers to public participation in the City’s civic engagement processes. To date, the public comments received have largely been statements of gratitude from the applying agencies. ATTACHMENTS 1. Organizations Requesting Funding and Recommendations (PDF) 2. Priority Rankings of the Affordable Housing Board for Proposals (PDF) 3. Distribution of Funding Recommendations Across Human Services Priorities (PDF) 4. Human Services Proposals: Commission Rankings, Evaluation Criteria and Protocol (PDF) 5. CDBG Minutes, May 13, 2020 (Draft) (PDF) 6. CDBG Minutes, May 14, 2020 (Draft) (PDF) 7. Powerpoint Presentation (PDF) 8 Packet Pg. 101 1 CDBG Commission Competitive Process FY20 Summary of Organizations Requesting Funding & Recommendations HOUSING CARE Housing - Swallow Road Rehabilitation Request: $1,000,000 Recommendation: $1,000,000 Percentage: 100% CARE Housing provides affordable housing, advocacy and supportive services to empower working families in Northern Colorado. This proposal supports the acquisition and rehab costs to purchase 44 units of multi-family housing from Housing Catalyst, combine them with the adjacent 40 units owned by CARE, and rehabilitate the entire property as one project. Fort Collins Habitat for Humanity - Poudre Build #7 Request: $80,000 Recommendation: $80,000 Percentage: 100% Habitat for Humanity helps low-income families realize home-ownership by offering 0% interest loans that don’t exceed 28% of a family’s income. This proposal supports the building materials cost of one home to be built through the Poudre Build program at Harmony Cottages. Loveland Housing Authority - Larimer Home Improvement Program Request: $150,000 Recommendation: $150,000 Percentage: 100% Loveland Housing Authority administers the LHIP funding for all of Larimer County, including residents within For Collins City Limits. This proposal supports low- to no-interest loans for homeowners in Fort Collins to address health, safety, and energy efficient repairs to their homes. The program is available to families earning no more than 80% of the Area Median Income (AMI). The Emergency Funds Program provides a one-time-only grant of up to $1,000 to very low-income families who have emergency repair needs. Mercy Housing Mountain Plains - Northfield Request: $550,000 Recommendation: $550,000 Percentage: 100% Mercy Housing Mountain Plains is a regional affiliate of Mercy Housing Inc., a national nonprofit headquartered in Denver dedicated to housing development, preservation, management and resident services. This proposal supports the development costs associated with the building of 84 units of affordable multi family rental housing in the Northfield Metro District. Neighbor to Neighbor - 80 Unit Rehab Request: $1,280,000 Recommendation: $0 Percentage: 0% Neighbor to Neighbor (N2N) offers affordable housing, rent assistance, housing counseling, home buyer education and more to low-income residents. This proposal supports the development costs associated with the rehabilitation of 80 units of affordable multi-family rental housing. ATTACHMENT 1 8.1 Packet Pg. 102 Attachment: Organizations Requesting Funding and Recommendations (9182 : Competitive Process 2020) 2 Volunteers of America - Senior Residences at Spring Creek Request: $250,000 Recommendation: $250,000 Percentage: 100% Volunteers of America provides affordable housing options enriched with supportive services for economically vulnerable older adults. This proposal supports the development costs associated with the building of 55 units of new affordable senior housing. HUMAN (PUBLIC) SERVICE A Little Help Request: $35,000 Recommendation: $21,000 Percentage: 60% A Little Help helps older adults age in place by providing connections to important resources and services necessary for them to maintain independence in their homes. Alliance for Suicide Prevention Request: $10,000 Recommendation: $5,000 Percentage: 50% ASP provides suicide prevention educational programs and grief support services to youth and adults. Boys & Girls Clubs of Larimer County Request: $35,000 Recommendation: $30,000 Percentage: 86% B&G Clubs provides after-school and school-break youth development programs at their Fort Collins location to kids 6-18 years. CASA (Court Appointed Special Advocates) Request: $52,558 Recommendation: $45,000 Percentage: 86% CASA provides a voice in court for children who have been physically or sexually abused or neglected. Trained community advocates, or CASAs, work with each child they are assigned to and provide neutral recommendations regarding the best interests of the child. CASA (Court Appointed Special Advocates) - Harmony House Request: $49,032 Recommendation: $40,000 Percentage: 82% Harmony House is a specialized visitation center that serves as a safe, conflict-free public place for family interactions. Harmony House staff are responsible for documenting information used in deciding the child’s permanent placement. 8.1 Packet Pg. 103 Attachment: Organizations Requesting Funding and Recommendations (9182 : Competitive Process 2020) 3 Catholic Charities - Senior Services Request: $40,000 Recommendation: $27,000 Percentage: 68% Catholic Charities in Fort Collins provides shelter and supportive services to vulnerable populations, including services that allow low-income seniors age 60 and over to maintain self- sufficiency. Catholic Charities - The Mission Shelter Request: $75,000 Recommendation: $65,000 Percentage: 87% Catholic Charities provides shelter, food, case management, resource navigation, benefits application assistance, and transitional housing help in support of the homeless and near homeless. Center for Family Outreach Request: $24,128 Recommendation: $13,000 Percentage: 54% The Center for Family Outreach provides programs for youth ages 8-18 (and their families) who are experiencing high-risk behaviors for substance use or behavioral issues. Children’s Speech & Reading Center Request: $25,000 Recommendation: $10,000 Percentage: 40% CSRC provides children that suffer from speech-language and reading delays with high quality therapy on a sliding fee scale. ChildSafe Colorado Request: $55,380 Recommendation: $32,000 Percentage: 58% ChildSafe provides comprehensive outpatient treatment to victims of childhood abuse, primarily sexual abuse, and their non-offending family members. Colorado Health Network – Northern Colorado AIDS Project Request: $5,000 Recommendation: $0 Percentage: 0% NCAP strives to meet the needs of people affected by HIV and other health conditions through prevention, care and advocacy. Crossroads Safehouse Request: $59,757 Recommendation: $40,000 Percentage: 67% Crossroads Safehouse operates a domestic violence shelter providing emergency housing, crisis intervention and other services and outreach. 8.1 Packet Pg. 104 Attachment: Organizations Requesting Funding and Recommendations (9182 : Competitive Process 2020) 4 Disabled Resource Services Request: $38,239 Recommendation: $20,000 Percentage: 52% DRS is the only Center for Independent Living in Larimer County for people with disabilities (physical, cognitive, mental, neurological, deaf, blind, etc.). It is consumer-driven allowing participants to choose the goals they want to pursue to help them live in the community with independence, dignity and equality. Early Childhood Council of Larimer County Request: $36,304 Recommendation: $10,000 Percentage: 28% ECCLC works to improve services for children and families by supporting early childhood educators, building expertise, and working collaboratively to support all young children. Easter Seals Colorado Request: $10,000 Recommendation: $0 Percentage: 0% Easter Seals works to reduce the impact of disability and health challenges by enhancing the quality of life and creating opportunities for children, adults and families seeking greater independence. Elderhaus Adult Day Program Request: $58,000 Recommendation: $30,000 Percentage: 52% Elderhaus provides therapeutic daytime programs for adults with disabilities: Down syndrome, Cerebral Palsy, dementia, traumatic brain injuries, etc. Ensight Skills Center Request: $15,640 Recommendation: $5,000 Percentage: 32% Ensight Skills Center provides quality healthcare services to residents who are visually impared. Family Housing Network Request: $34,912 Recommendation: $30,000 Percentage: 86% Family Housing Network supports families experiencing homelessness with a full range of emergency and stabilizing services, including overnight shelter, day center support and case management. FOCO Café Request: $7,000 Recommendation: $0 Percentage: 0% FOCO Café provides nutritious and delicious meals to the people of Fort Collins regardless of their ability to pay while using mostly local, organic, and sustainably grown ingredients. 8.1 Packet Pg. 105 Attachment: Organizations Requesting Funding and Recommendations (9182 : Competitive Process 2020) 5 Food Bank for Larimer County - Kids Café Request: $30,000 Recommendation: $26,000 Percentage: 87% Kids Café is the largest of the Child Nutrition programs offered by the Food Bank. Free, healthy meals and snacks are provided to kids after school and during school breaks at multiple locations, many in schools with high numbers of free and reduced lunch eligible families. Homeward Alliance Request: $35,000 Recommendation: $30,000 Percentage: 86% Homeward Alliance provides ten programs that offer a continuum of services to individuals and families who are homeless or at-risk of becoming homeless. Homeward Alliance – Murphy Center Request: $35,000 Recommendation: $30,000 Percentage: 86% Homeward Alliance manages and operates the Sister Mary Alice Murphy Center for Hope. In addition to the programs of Homeward Alliance, they provide oversight of the facility and the programs that provide services to people who are homeless or at-risk of becoming homeless. Larimer County Partners Request: $15,000 Recommendation: $5,000 Percentage: 33% Partners Mentoring Youth supports mentoring relationships between positive adult role models and youth facing challenges in their personal, social and academic lives. Light of the Rockies Christian Counseling Center Request: $15,000 Recommendation: $0 Percentage: 0% Light of the Rockies provides mental health outpatient care for individuals, families and couples. Meals on Wheels for Fort Collins Request: $38,000 Recommendation: $29,000 Percentage: 76% Meals on Wheels provides hot, noontime meals delivered to homebound seniors and persons with disabilities unable to safely prepare their own meals. Neighbor to Neighbor - Homelessness Prevention Request: $140,000 Recommendation: $135,498 Percentage: 97% Neighbor to Neighbor provides short-term and mid-term rent assistance with supportive services and case management to assists people in housing crises to identify, secure, and maintain affordable, sustainable rental housing. 8.1 Packet Pg. 106 Attachment: Organizations Requesting Funding and Recommendations (9182 : Competitive Process 2020) 6 Neighbor to Neighbor - HomeShare Request: $40,000 Recommendation: $22,000 Percentage: 55% Neighbor to Neighbor’s HomeShare program supports the affordable housing needs in Fort Collins by facilitating renter matches with senior homeowners seeking a shared housing experience. Plan de Salud del Valle – Salud Clinic Request: $100,000 Recommendation: $50,000 Percentage: 50% Salud operates two clinics in Fort Collins and provides comprehensive medical, dental, pharmacy and behavioral health care services. Project Self-Sufficiency Request: $35,000 Recommendation: $21,000 Percentage: 60% Project Self-Sufficiency assists single parent families to become self-sufficient through career planning, wrap around services and support that removes barriers and empowers parents to complete education and training goals. Respite Care Request: $40,000 Recommendation: $30,000 Percentage: 75% Respite Care provides short-term care for children with developmental disabilities and other supportive services that provide respite for families. Support is available 24/7 all year for children from infancy to age 21. Sexual Assault Victim Advocate Center - Victim Services Request: $50,000 Recommendation: $30,000 Percentage: 60% SAVA provides crisis intervention, advocacy and counseling to all those affected by sexual violence. Sexual Assault Victim Advocate Center - Prevention Education Request: $50,000 Recommendation: $14,000 Percentage: 28% SAVA provides crisis intervention, advocacy and counseling to all those affected by sexual violence. This program provides comprehensive prevention education and direct services to youth who disclose they are victims. SummitStone Health Partners - Community Behavioral Health Treatment Request: $35,000 Recommendation: $20,000 Percentage: 57% SummitStone provides services for behavioral health prevention, intervention and treatment. This program provides intensive case management and therapeutic services with housing assistance for low-to - moderate income people with severe mental illness and severe substance use disorders. 8.1 Packet Pg. 107 Attachment: Organizations Requesting Funding and Recommendations (9182 : Competitive Process 2020) 7 SummitStone Health Partners - Mental Health Services at Murphy Center Request: $30,000 Recommendation: $20,000 Percentage: 67% SummitStone provides services for behavioral health prevention, intervention and treatment. This program offers behavioral health treatment (case management, mental health and addiction counseling) for clients of the Murphy Center offering a one-stop option. Teaching Tree Early Childhood Learning Center Request: $85,000 Recommendation: $72,000 Percentage: 85% Teaching Tree provides accessible and affordable early childhood care and education programs that teach children skills to lower their risk factors and begin kindergarten with social, emotional and academic skills to allow them to learn. The Family Center / La Familia Request: $75,000 Recommendation: $64,000 Percentage: 85% The Family Center / La Familia provides services to help strengthen and stabilize low-income families through affordable child care for infants, toddlers and preschool-aged children, parent and community enrichment programs and adult education. The Matthews House Request: $42,432 Recommendation: $25,000 Percentage: 59% The Matthews House empowers young adults and families in transition to navigate difficulties on the road to self-sufficiency; many have been in foster care, justice system, generational poverty, etc. The Salvation Army Request: $20,000 Recommendation: $12,000 Percentage: 60% The Salvation Army in Fort Collins offers a variety of programs to support human service needs of vulnerable populations in the community, including rent and utility assistance, food boxes, clothing and hygiene items, meals, back-to-school items, disaster relief and more. Turning Point Request: $30,000 Recommendation: $17,000 Percentage: 57% Turning Point provides mental health, behavioral health and substance abuse treatment services to children and families. They offer both inpatient residential programs (youth ages 12-18), short and long term, and outpatient programs. 8.1 Packet Pg. 108 Attachment: Organizations Requesting Funding and Recommendations (9182 : Competitive Process 2020) 8 UCHealth Northern Colorado Foundation - Food Pantry Request: $25,000 Recommendation: $12,500 Percentage: 50% The UCHealth Family Medicine Center Food Pantry addresses food insecurity and compliments the medical services provided by the healthcare system. United Way of Larimer County Request: $10,000 Recommendation: $0 Percentage: 0% UWLC is a community impact organization addressing systems-level change for health and human services. The 2-1-1 program provides non-emergency health and human services referrals to individuals seeking help. United Way of Weld County Request: $20,000 Recommendation: $13,000 Percentage: 65% UWWC develops and supports programs that improve lives and catalyze social change and serves as the fiscal agent for Coordinated Assessment and Housing Placement System (CAHPS) efforts in Fort Collins. Voices Carry Child Advocacy Center Request: $30,000 Recommendation: $15,000 Percentage: 50% Voices Carry provides comprehensive response to child abuse working with law enforcement, child protection, prosecution, mental health, medical and victim advocacy to investigate abuse, help children heal from abuse and hold offenders accountable. Volunteers of America - Handyman Program Request: $15,800 Recommendation: $13,000 Percentage: 82% The Fort Collins VOA provides services to seniors (60+) who are frail and/or home-bound to help them remain healthy, safe, socially connected and independent. The Handyman program offers VOA clientele safety-related home modifications and repairs utilizing volunteers. Volunteers of America - Home Delivered Meal Service Request: $38,700 Recommendation: $25,000 Percentage: 65% The Fort Collins VOA provides services to seniors (60+) who are frail and/or home-bound to help them remain healthy, safe, socially connected and independent. The meal delivery program offers weekly boxed meals or frozen meals and nutrition risk assessments, nutrition education/counseling, information/referral to community resources, etc. 8.1 Packet Pg. 109 Attachment: Organizations Requesting Funding and Recommendations (9182 : Competitive Process 2020) Affordable Housing Board 2020 Competitive Process Project Rankings Memo On May 7, 2020 the Affordable Housing Board met without 3 members who recused themselves because they work for applicants. The Board reviewed the six projects and felt all six projects are worthy of support, having strong proposals and experienced developers. The result of the rankings was as follows: TIE 1. VOA Senior Residence (HO-6) and Mercy Northfield (HO-4) TIE 3. Care Housing Swallow (HO-1) and Neighbor to Neighbor (HO-5) 5. Larimer Home Improvement Program (HO-3) 6. Habitat for Humanity (HO-2) The rankings were incredibly close and the top two projects tied; both needing the funding for new construction. This aligns with the strategic goal to add more rental units. The next two projects that also tied in rankings were prioritized as they are rehabilitation projects of existing affordable housing stock. This aligns with the strategic goal of affordable housing preservation of existing units. The Board recognized that LHIP serves a unique niche in supporting home ownership and is very important – maybe more so in the days following this pandemic, however, the other projects that applied will be reaching more individuals. This is a program that the Board hopes to see as a future applicant. Habitat for Humanity was ranked last because the ask of $80K for one home doesn’t allow the competitive funds to serve as many people. ATTACHMENT 2 8.2 Packet Pg. 110 Attachment: Priority Rankings of the Affordable Housing Board for Proposals (9182 : Competitive Process 2020) Human Services Priorities Distribution of FY20 Recommended Funding The Human Services priorities are identified within the Social Sustainability Strategic Plan. Each priority is further defined with demographic or strategy concentrations to clarify the targeted needs of underserved groups and low-income residents. For example, Care-Giving Services identifies Seniors and People with Disabilities as targeted populations to support. Applicants were required to clearly demonstrate in their funding proposal how the program directly addresses and advances 1-2 of the priorities and concentrations. The distribution of funds shown in the chart above reflects the primary priority of the program, however; many programs also support a secondary priority. For example, a senior meal delivery program is foremost a Care-Giving (Senior) priority, with Healthy Food as its secondary priority. 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CALL TO ORDER • At 4:04 PM the meeting was called to order by Josh Johnson. 2. ROLL CALL • BOARD MEMBERS PRESENT o Michael Kulisheck o Nick Verni- Lau o Serena Thomas o Olga Duvall o Josh Johnson, Chair o Steve Backsen o Sara Maranowicz o Pat Hastings • AFFORDABLE HOUSING BOARD MEMBERS: o Jen Bray, Chairperson for the Affordable Housing Board • STAFF MEMBERS PRESENT o Adam Molzer, Staff Liaison, CDBG Commission – City of Fort Collins o Beth Rosen, Social Sustainability – City of Fort Collins o Sue Beck Ferkiss, Social Sustainability – City of Fort Collins o Janet Freeman, Social Sustainability – City of Fort Collins o Hannah Tinklenberg, Social Sustainability – City of Fort Collins (Minutes) Due to the duration and extent of the grant deliberation, the summary of the meeting reflected in the minutes below may not include all details of the CDBG Commission’s recommendation proceedings. For further information, details and insight, video and audio recording resources are available by contacting the CDBG Commission staff liaison. 3. AGENDA REVIEW Josh Johnson read remote session instructions for the Community Development Block Grant Commission (“CDBG”) and public attendees. Purpose of the special meeting is to make funding recommendations. Meeting date is dictated by public review period, agenda items summary, HUD requirements, and staff timeline. The Commission accepted the agenda without modification. ATTACHMENT 5 8.5 Packet Pg. 114 Attachment: CDBG Minutes, May 13, 2020 (Draft) (9182 : Competitive Process 2020) CDBG COMMISION REGULAR COMMISSION MEETING 5/13/2020 – MINUTES Page 2 4. PUBLIC PARTICIPATION • Jenny Maeda • Doug Snyder • Holly LeMasurier • Steve Kuehneman • Linda Wright • Bob Pawlikowski • Kelly Evans • Lindsey Ex No public comments. 5. APPROVAL OF MINUTES Mr. Hastings motioned to approve the May 4th, 2020 special meeting minutes as presented, Mr. Johnson seconds the motion – unanimously approved. 6. UNFINISHED BUSINESS • None. 7. NEW BUSINESS a. Presentation of Affordable Housing Board Rankings Jen Bray from the Affordable Housing Board (AHB) was introduced and proceeded to share AHB’s ranking and remarks on the grant proposals under consideration in the housing category. A copy of the memo from AHB was distributed in advance (attached). Jen shared that the Board was favorable of the new construction and rehabilitation projects as they aligned strongly with the strategic goals. Ms. Thomas asked if we can’t honor 100% of the request, what amount is still worthwhile or useful. Ms. Rosen stated that working through the matrix and prioritize funding you’ll land at a place where you can. High-level housing applicants require the full funding amount to move the project forward. If an applicant can use partial funding, it may be beneficial to show some support. Another option is that if funding is leftover after recommendations have been made, they can be allocated at next year’s competitive process. Mr. Kulisheck sought clarification if this is also true for rehab projects. Ms. Rosen stated that generally yes, assuming they get tax credits and private activity bonds. If a rehab project doesn’t receive full funding they can scale back (value engineering). For the current rehab proposals, if they do not get the full recommendation, they can’t demonstrate that they have the gap funding needed to leverage other resources. The entire rehab project has to be at full scale to provide 15- 8.5 Packet Pg. 115 Attachment: CDBG Minutes, May 13, 2020 (Draft) (9182 : Competitive Process 2020) CDBG COMMISION REGULAR COMMISSION MEETING 5/13/2020 – MINUTES Page 3 20 years of sustainability. LHIP is the only project proposal that doesn’t need full funding. Ms. Bray confirmed that the AHB had received updates on the private activity bonds but did not use to weigh on ranking. Mr. Johnson sought clarification on confidence level for application HO-6 that the project is ready to move forward if funding is approved and what would happen if they do not receive funding this year. Ms. Rosen said that they are relatively confident, and they are one month from knowing the status of their CHFA allocation, which puts them in a stronger position than the other tax-credit applications under review. If they do not fund this year, their allocation from last year would be rescinded and funding would be available for the 2021 competitive process. b. Deliberations to Formulate Funding Recommendations – Affordable Housing Mr. Molzer confirmed that the total housing funding available is $2.214 million. Mr. Johnson opened discussion for the deliberations to formulate funding recommendations. Mr. Johnson asked the commission members to make a motion for dollars amounts as they proceed and motions will be discussed, as needed, after the motion has been seconded. Friendly amendments are allowed but must be agreed by the persons that puts forth the initial motion and seconds. Ms. Rosen highlighted that she just received news that CHFA made a decision on tax credit recommendations and recommended VOA for their tax credits. HO-6: Volunteers of America - VOA Senior Residences Motion by Ms. Thomas to fund at $250,000. Seconded by Ms. Duvall. The motion passed unanimously 8-0. HO-4: Mercy Housing – Northfield Affordable Motion by Mr. Backsen to fund at $550,000. Seconded by Ms. Duvall. The motion passed unanimously 8-0. Discussion: Mr. Johnson asked if organization has received or applied for additional funding. Ms. Rosen stated that Mercy needed the private activity bond (PAB) allocation in order to move forward. This recommendation plus the PAB gives them the first money in commitment that they need to move forward with their tax credit application. 8.5 Packet Pg. 116 Attachment: CDBG Minutes, May 13, 2020 (Draft) (9182 : Competitive Process 2020) CDBG COMMISION REGULAR COMMISSION MEETING 5/13/2020 – MINUTES Page 4 HO-1: CARE Housing – Swallow Road Rehabilitation Motion by Mr. Hastings to fund at $1,000,000. Seconded by Mr. Backsen. The motion passed unanimously 7-0. Ms. Maranowicz abstained. Discussion: Mr. Kulisheck asked for clarification about an advantage that CARE had over Neighbor to Neighbor based on a PAB recommendation. Ms. Rosen shared that both CARE and Neighbor to Neighbor were each separately planning to submit applications for a PAB cap to pair PAB funding with their 4% tax credit for the rehab. In terms of readiness to go, neither had received the funding dependent to move forward. Since the AHB on the PAB, CARE has now received the bond cap to move forward and gives them more of the funding needed. Another allocation for the bond cap won’t be received for another year and has become increasingly competitive on the state level. CARE Housing has secured the resources they need to move forward. Ms. Rosen also clarified that the PAB has to go to Council for final approval, so as of now it is a recommendation. Mr. Johnson sought clarification on the potential for the need scale back on funding for Housing projects, similarly to Human Services. Mr. Molzer answered that Housing will not be affected. HO-5: Neighbor to Neighbor Motion by Mr. Kulisheck to funded at $0. Seconded Mr. Backsen. Motion passed to unanimously 8-0. Discussion: The Commission discussed that there wasn’t enough funding available to fully fund the project and applicant needs the full amount to move forward. The Commission can recommend to fully fund the last two applicants. The remaining balance would roll into next year’s competitive process. It was also discussed on the potential to use the remaining balance to support COVID-19 response efforts. Ms. Rosen explained that these funds are designated for affordable housing, therefore, cannot be used for emergency response. HO-3: Loveland Housing Corp – Larimer Home Improvement Project Motion by Mr. Hastings fund at $150,000. Seconded by Mr. Johnson. Motion passed unanimously 8-0. Discussion: The Commission discussed the possibility to recommend funding above the applicant’s requested amount. The Commission decided to remain at the full amount and utilize the remaining unused balance for next year’s process. 8.5 Packet Pg. 117 Attachment: CDBG Minutes, May 13, 2020 (Draft) (9182 : Competitive Process 2020) CDBG COMMISION REGULAR COMMISSION MEETING 5/13/2020 – MINUTES Page 5 HO-2: Habitat for Humanity – Poudre Build #7 Motion by Ms. Thomas to fund at $80,000. Seconded by Mr. Hastings. Motion passed unanimously 8-0. Discussion: Mr. Johnson asked if the potential remote learning in the fall would impact the completion of this project and if so, could funds be used in the following school year, or would the applicant need to re-submit. Ms. Rosen clarified that if the project started in the spring it could have a summer completion. A recommendation for these funds would include some conditional language in the contract to support the delay of the project to the 2021-22 school year without having to reapply. All housing proposals were discussed, and funding amounts recommended. The Commission discussed that the remaining balance of $184,015 will be rolled over to next year. Motion by Mr. Johnson to approve the FY2020 Housing funding recommendations for Council. Seconded by Mr. Verni-Lau. Motion passed unanimously 8-0. 8. COMMISSION MEMBER REPORTS • None. 9. OTHER BUSINESS • Mr. Molzer. provided a reminder and overview for the Human Service deliberations taking place tomorrow, Thursday, May 14, 2020 at 4:00 PM. • Mr. Molzer gave an overview of the scoring matrix / ranking process for Human Service deliberations. Using the similar process as last year, clean breaks between different funding rankings allow for different bands to be established that present a data point to aid in the discussion. He provided an overview of three scenarios for the rankings this year and requested that the Commission vote which scenario they would like to use for Human Service deliberations. The Commission discussed the values of using each scoring matrix scenario. Mr. Molzer highlighted that funding recommendations should not be influenced by current impacts nonprofits are experiencing as a result of COVID-19. Keeping in mind that these funds won’t be available until early Fall 2020. Mr. Johnson made a motion to use Option B for the scoring matrix in the Human Service deliberations. Seconded by Mr. Backsen. Motion passed 7-1. Opposed by Mr. Hastings. 8.5 Packet Pg. 118 Attachment: CDBG Minutes, May 13, 2020 (Draft) (9182 : Competitive Process 2020) CDBG COMMISION REGULAR COMMISSION MEETING 5/13/2020 – MINUTES Page 6 • Mr. Molzer mentioned that there will be a motion to afford flexibility to scale grant recommendations based on City revenues forecasted that is based on guidance from the City Finance Department. Grantees that receive funding from HUD will not be affected. 10. NEXT MEETING • Funding Deliberation Special Meeting – Human Services O Thursday, May 14, 2020 | 4:00pm | Remote / Online via Zoom 11. ADJOURNMENT • Meeting adjourned by Mr. Johnson at 5:52 PM. EXPLAINATION OF WHY NEW BUSINESS ITEMS ARE REQUIRED TO BE CONSIDERED AT THIS SPECIAL MEETING CONVENED ON ZOOM: The grant evaluation process conducted by the CDBG Commission occurs each spring and includes funding recommendations for the City's use of federal HUD dollars to support affordable housing projects and human services programs. HUD has a firm deadline in mid-August that must be met. Working back from the mid-August HUD deadline, we arrive at dates in mid-May for the latest possible meeting options for the CDBG Commission to conduct their business. This timeline is dictated by public review period and publishing requirements, City Council summer meeting dates, Agenda Item Summary submission deadlines, and the necessary time required for staff to assemble and disseminate the funding recommendation information. Minutes were finalized and approved by the CDBG Commission on ____________________ City of Fort Collins Staff Liaison: ____________________________________________ Adam Molzer 8.5 Packet Pg. 119 Attachment: CDBG Minutes, May 13, 2020 (Draft) (9182 : Competitive Process 2020) CDBG COMMISSION SPECIAL MEETING Thursday, May 14, 2020, 4:00pm DRAFT Remote / Online via Zoom due to COVID-19 5/14/2020 – MINUTES Page 1 1. CALL TO ORDER • At 4:04 PM the meeting was called to order by Josh Johnson. 2. ROLL CALL • Board Members Present o Michael Kulisheck o Nick Verni- Lau o Serena Thomas o Olga Duvall o Josh Johnson o Steve Backsen o Sara Maranowicz o Pat Hastings • Staff Members Present o Adam Molzer, Staff Liaison, CDBG Commission – City of Fort Collins o Beth Rosen, Social Sustainability – City of Fort Collins o Janet Freeman, Social Sustainability – City of Fort Collins o Hannah Tinklenberg, Social Sustainability – City of Fort Collins (Minutes) o Victoria Shaw, City of Fort Collins Due to the duration and extent of the housing and human services preliminary grant review, the summary of the meeting reflected in the minutes below may not include all details of the CDBG Commission’s discussion. For further information, details and insight, video recording resources are available by contacting the CDBG Commission staff liaison. 3. AGENDA REVIEW Mr. Johnson read remote session instructions for the Community Development Block Grant Commission (“CDBG”) and public attendees. The Commission accepted the agenda without modification. ATTACHMENT 6 8.6 Packet Pg. 120 Attachment: CDBG Minutes, May 14, 2020 (Draft) (9182 : Competitive Process 2020) CDBG COMMISION REGULAR COMMISSION MEETING 5/14/2020 – MINUTES Page 2 4. PUBLIC PARTICIPATION • Heather Thurston • Christina Taylor • Glenda Shayne • Jason Morgan • Lauren Leary • Margaret Long • Robin Philips • Sharlene Johnson • Tim McLemore • Dorothy Farrel • Dave Swinehart • Annette Zacharias • Carrie Olenick • Jenny Maeda • Holly LeMasurier • David Rout • Kelly Evans No public comments. 5. UNFINISHED BUSINESS • None. 6. NEW BUSINESS Mr. Molzer provided a review of total funding requested ($1.75 million) and funding available ($1.15 million). After housing deliberations, there was an analysis of funding and a review of a recent HUD waiver that removes the ceiling on the amount of CDBG funding for Human Services, adding an additional $82,000 to allocate for human services. Mr. Molzer reviewed the characteristics and the scorecard criteria and ranking spreadsheet. He noted that funding recommendations will go before council in June and grants will begin October 2020. Victoria Shaw was introduced to provide an overview of score rankings. She noted that score standard deviations were evaluated and that adjustment to scores was not necessary. She announced a conflict of interest for her board role with an application, therefore an equitable process was used to analyze rankings (by number, not organization name). Five natural breaks were determined with one application on the bubble between two breaks. Funding bands are displayed at 85%, 60%, 40%, and 0%, 8.6 Packet Pg. 121 Attachment: CDBG Minutes, May 14, 2020 (Draft) (9182 : Competitive Process 2020) CDBG COMMISION REGULAR COMMISSION MEETING 5/14/2020 – MINUTES Page 3 and will be used as baseline discussion points. Order is to begin at the top of the list with each proposal open to further discussion. Funding recommendations will be made with a first motion, second motion, and friendly amendments are permitted. • Deliberations to Formulate Funding Recommendations – Human Services GREEN SCORE BAND: HS-27, 19, 23, 4, 22, 21, 37, 6, 36, 5, 8, 45 HS-27: Neighbor to Neighbor – Homelessness Prevention Services Motion by Mr. Johnson to fund at $120,000. Seconded by Ms. Thomas. The motion passed unanimously 8-0. HS-19: Family Housing Network Motion by Mr. Hastings to fund at $30,000. Seconded by Mr. Verni-Lau. The motion passed unanimously 8-0. HS-23: Homeward Alliance – Murphy Center Programs Motion by Mr. Hastings to fund at $30,000. Seconded by Mr. Backsen. The motion passed unanimously 8-0. HS-4: Boys and Girls Clubs – Our Future, Our Programs Motion by Mr. Johnson to fund at $30,000. Seconded by Mr. Kulisheck. Motion passed unanimously 8-0. HS-22: Homeward Alliance – Homeward Alliance Programs Motion by Ms. Thomas to fund at $30,000. Seconded by Ms. Duvall. The motion passed unanimously 8-0. HS-21: Food Bank for Larimer County – Kids Café Motion by Mr. Johnson to fund at $26,000. Seconded by Mr. Backsen. The motion passed unanimously 8-0. HS-37: The Family Center / La Familia Motion by Mr. Kulisheck to fund at $64,000, seconded by Mr. Hastings. Motion passed unanimously 8-0. HS-6: CASA of Larimer County – Harmony House Motion by Mr. Hastings to fund at $40,000. Seconded by Ms. Maranowicz. Motion passed unanimously 8-0. 8.6 Packet Pg. 122 Attachment: CDBG Minutes, May 14, 2020 (Draft) (9182 : Competitive Process 2020) CDBG COMMISION REGULAR COMMISSION MEETING 5/14/2020 – MINUTES Page 4 HS-36: Teaching Tree Early Childhood Learning Center Motion by Mr. Johnson to fund at $72,000. Seconded by Mr. Kulisheck. Motion passed unanimously 8-0. HS-5: CASA of Larimer County – Court Appointed Advocates Motion by Mr. Hastings for $40,000, seconded by Mr. Backsen. Friendly amendment by Ms. Thomas to fund at $45,000, accepted by Mr. Hastings and Mr. Backsen. Motion passed unanimously 8-0. HS-8: Catholic Charities – Mission Shelter Motion by Ms. Duvall to fund at $65,000. Seconded by Mr. Verni-Lau. Motion passed unanimously 8-0. HS-45: Volunteers of America – Handyman Program Motion by Mr. Kulisheck to fund at $7,500. Seconded by Mr. Backsen. Friendly amendment by Mr. Hastings for $9,000, accepted by Mr. Kulisheck and Mr. Backsen. Second friendly amendment by Ms. Thomas to fund at $13,000, accepted by Mr. Hastings, Mr. Kulisheck, and Mr. Backsen. Motion passed unanimously 8-0. Discussion: Ms. Thomas asked if scoring averages with low funding or zero funding recommendations are included in the average. Adam confirmed that averages include all commission member recommendations. BLUE SCORE BAND: HS-26, 13, 43, 46, 30, 39, 31, 1, 35, 7, 11, 38, 32, 28, 40 HS-26: Meals on Wheels for Fort Collins Motion by Mr. Johnson to fund at $23,000. Seconded by Mr. Verni-Lau. Friendly amendment by Mr. Kulisheck for $29,000, accepted by Mr. Johnson and Mr. Verni- Lau. Motion passed unanimously 8-0. HS-13: Crossroads Safehouse – Advocacy Project Motion by Mr. Verni-Lau to fund at $40,000. Seconded by Mr. Kulisheck. Motion passed unanimously 8-0. 8.6 Packet Pg. 123 Attachment: CDBG Minutes, May 14, 2020 (Draft) (9182 : Competitive Process 2020) CDBG COMMISION REGULAR COMMISSION MEETING 5/14/2020 – MINUTES Page 5 HS-43: United Way of Weld County Motion by Mr. Hastings to fund at $13,000. Seconded by Ms. Duvall. Motion passed unanimously 8-0. HS-46: Volunteers of America – Meals Delivery Motion by Mr. Hastings to fund at $25,000. Seconded by Mr. Backsen. Motion passed unanimously 8-0. HS-30: Project Self-Sufficiency – Self Power Motion by Ms. Maranowicz to fund at $21,000. Seconded by Mr. Verni-Lau. Motion passed unanimously 8-0. Discussion: Mr. Backsen commented that applicant indicated in the request that $35,000 was a firm minimum. Mr. Molzer confirmed with the Executive Director in advance of deliberations that the organization would accept a grant less than the requested minimum amount. Mr. Hastings noted that applicant was funded at less last year. HS-39: The Salvation Army – Rent and Utility Assistance Motion by Mr. Johnson to fund at $12,000. Seconded by Mr. Backsen. Motion passed unanimously 8-0. HS-31: Respite Care – Childcare Scholarships Motion by Mr. Johnson to fund at $27,000. Seconded by Ms. Maranowicz. Friendly amendment by Mr. Backsen for $30,000, accepted by Mr. Johnson and Ms. Maranowicz. Motion passed unanimously 8-0. HS-1: A Little Help – A Little Help in Fort Collins Motion by Ms. Maranowicz to fund at $21,000. Seconded by Mr. Verni-Lau. Motion passed unanimously 8-0. HS-35: SummitStone Health Partners – Services at Murphy Center Motion by Ms. Thomas to fund at $20,000. Seconded by Mr. Johnson. Motion passed unanimously 8-0. HS-7: Catholic Charities – Senior Services Motion by Ms. Thomas to fund at $27,000. Seconded by Ms. Duvall. Motion passed unanimously 8-0. 8.6 Packet Pg. 124 Attachment: CDBG Minutes, May 14, 2020 (Draft) (9182 : Competitive Process 2020) CDBG COMMISION REGULAR COMMISSION MEETING 5/14/2020 – MINUTES Page 6 HS-11: ChildSafe Colorado – Child Sexual Abuse Treatment Program Motion by Ms. Maranowicz to fund at $32,000. Seconded by Mr. Backsen. Motion passed unanimously 8-0. HS-38: The Matthews House – Youth and Family Center Motion by Mr. Johnson to fund at $25,000. Seconded by Ms. Maranowicz. Motion passed unanimously 8-0. HS-32: Sexual Assault Victim Advocate Center – Sexual Assault Victim Services Motion by Mr. Verni-Lau to fund at $30,000. Seconded by Mr. Backsen. Motion passed unanimously 8-0. HS-28: Neighbor to Neighbor – HomeShare Motion by Ms. Duvall to fund at $22,000. Seconded by Mr. Verni-Lau. Motion passed unanimously 8-0. Discussion: Mr. Hastings commented that the program has been heavily invested with City funds but serves relatively low people. The commission is looking forward to seeing the program grow. HS-40: Turning Point – Crisis Intervention Services Motion by Ms. Maranowicz to fund at $17,000. Seconded by Mr. Verni-Lau. Motion passed unanimously 8-0. Mr. Johnson called for a 10-minute break. Called back to order by Mr. Johnson at 5:46 PM. LIGHT ORANGE SCORE BAND: HS-14, 17, 29, 44, 34, 41, 9 Commission agreed to raise the scoring average percentage of the light orange band from 40% to 50%. HS-14: Disabled Resource Services – Access to Independence Motion by Ms. Maranowicz to fund at $20,000. Seconded by Mr. Hastings. Motion passed unanimously 8-0. HS-17: Elderhaus Adult Day Program – Community Basd Therapeutic Care Motion by Mr. Backsen to fund at $30,000. Seconded by Ms. Duvall. Motion passed unanimously 8-0. 8.6 Packet Pg. 125 Attachment: CDBG Minutes, May 14, 2020 (Draft) (9182 : Competitive Process 2020) CDBG COMMISION REGULAR COMMISSION MEETING 5/14/2020 – MINUTES Page 7 HS-29: Plan de Salud del Valle Motion by Ms. Maranowicz to fund at $50,000. Seconded by Mr. Kulisheck. Motion passed 7-1. Opposed by Mr. Johnson. HS-44: Voices Carry CAC – Forensic Services Motion by Ms. Thomas to fund at $15,000. Seconded by Ms. Maranowicz. Motion passed unanimously 8-0. HS-34: SummitStone Health Partners - Community Behavioral Health Treatment Program (CBHT) Motion by Ms. Thomas to fund at $20,000. Seconded by Mr. Verni-Lau. Motion passed unanimously 8-0. HS-41: UCHealth Northern Colorado Foundation Motion by Mr. Verni-Lau to fund at $10,000. Seconded by Ms. Maranowicz. Friendly amendment by Mr. Kulisheck for $12,500, accepted by Mr. Verni-Lau and Ms. Maranowicz. Motion passed unanimously 8-0. Discussion: This program is a possible duplication of services. Given priority of food stability in the community, the commission agreed that this program connected access to food with healthcare. Commission requested funding be specific for egg, milk, and protein products. HS-9: Center for Family Outreach – Family Intervention Specialist Motion by Mr. Backsen to fund at $12,000. Seconded by Mr. Kulisheck. Friendly amendment by Mr. Johnson for $13,000, accepted by Mr. Backsen and Mr. Kulisheck. Motion passed unanimously 8-0. RED SCORE BAND: HS-12, 25, 20, 42 8.6 Packet Pg. 126 Attachment: CDBG Minutes, May 14, 2020 (Draft) (9182 : Competitive Process 2020) CDBG COMMISION REGULAR COMMISSION MEETING 5/14/2020 – MINUTES Page 8 HS-12: HS-12: Colorado Health Network – NCAP – Food and Transportation Assistance Motion by Mr. Kulisheck to fund at $0. Seconded by Mr. Johnson. Motion passed 6-2. Opposed by Mr. Verni-Lau and Mr. Backsen. Discussion: Committee members discussed the application scoring average falls below the threshold for funding and doesn’t score high enough to justify increasing the recommended average. Mr. Molzer clarified that for three consecutive years this organization has not used entire funding received. HS-25: Light of the Rockies Christian Counseling Center – Suicide Prevention Motion by Mr. Verni-Lau to fund at $0. Seconded by Steve Backsen. The motion passed 7-1. Opposed by Mr. Hastings. HS-20: Feeding Our Community Ourselves – Hospitality Specialist – FOCO Café Motion by Mr. Kulisheck to fund at $0. Seconded by Mr. Hastings. The motion passed unanimously 8-0. Discussion: Program is a great concept, but funding could be used elsewhere with more immediate effect. HS-42: United Way of Larimer County Motion by Mr. Johnson to fund at $0. Seconded by Mr. Backsen. Motion passed 6-1-1. Opposed by Ms. Duvall. Mr. Hastings abstained. Discussion: Commission agreed that it is difficult to understand how many Fort Collins residents are served through this program. ORANGE SCORE BAND: HS-24, 33, 10, 16, 18, 2, 15 HS-24: Larimer County Partners – One to One Mentoring Motion by Mr. Hastings to fund at $5,000. Seconded by Mr. Verni-Lau. The motion passed 7-1. Opposed by Mr. Kulisheck. HS-33: Sexual Assault Victim Advocate Center – Prevention Education Motion by Ms. Maranowicz to fund at $14,000. Seconded by Mr. Hastings. The motion passed unanimously 8-0. 8.6 Packet Pg. 127 Attachment: CDBG Minutes, May 14, 2020 (Draft) (9182 : Competitive Process 2020) CDBG COMMISION REGULAR COMMISSION MEETING 5/14/2020 – MINUTES Page 9 HS-10: Children's Speech & Reading Center – Family Motion by Mr. Hastings to fund at $10,000. Seconded by Ms. Maranowicz. The motion passed unanimously 8-0. HS-16: Easterseals Colorado – Fort Collins Employment Services Motion by Mr. Hastings to fund at $5,000. Seconded by Olga Duvall. Motion failed 2–6. Opposed by Mr. Johnson, Mr. Kulisheck, Mr. Verni-Lau, Ms. Maranowicz, Ms. Thomas, and Mr. Backsen. Mr. Johnson motioned to fund at $0. Seconded by Mr. Kulisheck. Motion passed 7-1. Opposed by Mr. Hastings. HS-18: Ensight Skills Center – Low Vision Rehabilitation Program Motion by Mr. Backsen to fund at $5,000. Seconded by Mr. Hastings. The motion passed unanimously 8-0. Discussion: This program is an efficient organization with high-impact and low-cost. The ability to see is a significant quality of life issue. HS-2: Alliance for Suicide Prevention Motion by Mr. Johnson to fund at $5,000. Seconded by Ms. Duvall. The motion passed unanimously 8-0. HS-15: Early Childhood Council of Larimer County Motion by Ms. Thomas to fund at $10,000. Seconded by Ms. Duvall. The motion passed unanimously at 8-0. All proposals were discussed, and funding amounts recommended. The Commission discussed how to divide remaining balance of $15,498. HS-27: Neighbor to Neighbor – Homelessness Prevention Services Mr. Johnson made a motion to take remaining balance of $15,498 available and apply to Neighbor to Neighbor for a total of $135,498. Seconded by Ms. Thomas. Motion passed unanimously 8-0. Motion by Mr. Johnson to approve the FY2020 Human Service funding recommendations. Seconded by Mr. Verni-Lau. Motion passed unanimously 8-0. The Commission discussed the potential need to proportionately decrease grant amounts should the City’s General Fund and Keep Fort Collins Great funds (KFCG) not meet forecasted expectations due to the COVID-19 crisis. Approximately 85% of funding available comes from City resources and 15% comes from HUD federal funding. Mr. Molzer explained that the scale approach would decrease grant amounts 8.6 Packet Pg. 128 Attachment: CDBG Minutes, May 14, 2020 (Draft) (9182 : Competitive Process 2020) CDBG COMMISION REGULAR COMMISSION MEETING 5/14/2020 – MINUTES Page 10 of all organizations receiving funds through the General Fund and KFCG by the same proportionate amount. Organizations receiving federal funding would be exempt. No funding amount would drop below $5,000. Motion by Mr. Johnson to approve a proportional decrease, should it be needed, for FY2020 grants receiving City funds. Seconded by Mr. Backsen. Motion passed unanimously 8-0. 7. COMMISSION MEMBER REPORTS • None. 8. OTHER BUSINESS • Mr. Molzer shared that a 360 review on the grant recommendation process will be requested at the next regular meeting on June 10, 2020. At this time, it is uncertain whether the meeting will be held in-person, by teleconference (Zoom), or a hybrid. Ms. Maranowicz asked if there will be other options to provide feedback, being mindful that ongoing time commitments to join boards and commissions may be barrier for some people and may limit the ability to diversity the committees. • As chair of the CDBG Committee, John Johnson will attend the City council meeting for recommendations on June 16, 2020 at 6:00. Applicants will receive notification of recommendations to Council. 9. NEXT MEETING • Regular Meeting • Wednesday, June 10, 2020 | Time and Location TBD 10. ADJOURNMENT • Meeting adjourned by Mr. Johnson at 7:41 PM. EXPLAINATION OF WHY NEW BUSINESS ITEMS ARE REQUIRED TO BE CONSIDERED AT THIS SPECIAL MEETING CONVENED ON ZOOM: The grant evaluation process conducted by the CDBG Commission occurs each spring and includes funding recommendations for the City's use of federal HUD dollars to support affordable housing projects and human services programs. HUD has a firm deadline in mid-August that must be met. Working back from the mid-August HUD deadline, we arrive at dates in mid-May for the latest possible meeting options for the CDBG Commission to conduct their business. This timeline is dictated by public review period and publishing requirements, City Council summer meeting dates, Agenda Item Summary submission deadlines, and the necessary time required for staff to assemble and disseminate the funding recommendation information. 8.6 Packet Pg. 129 Attachment: CDBG Minutes, May 14, 2020 (Draft) (9182 : Competitive Process 2020) CDBG COMMISION REGULAR COMMISSION MEETING 5/14/2020 – MINUTES Page 11 Minutes were finalized and approved by the CDBG Commission on ____________________ City of Fort Collins Staff Liaison: ____________________________________________ Adam Molzer 8.6 Packet Pg. 130 Attachment: CDBG Minutes, May 14, 2020 (Draft) (9182 : Competitive Process 2020) 1 Competitive Process Recommendations Adam Molzer – Social Sustainability Department 06-16-2020 ATTACHMENT 7 8.7 Packet Pg. 131 Attachment: Powerpoint Presentation (9182 : Competitive Process 2020) Competitive Process Recommendations 2 • Winter – Spring 2020 • Affordable Housing & Human Services • CDBG Commission Recommendation to Council Overview of Grant Process 8.7 Packet Pg. 132 Attachment: Powerpoint Presentation (9182 : Competitive Process 2020) Competitive Process Recommendations 3 STRATEGIC ALIGNMENT Neighborhood Livability & Social Health 1.1 & 1.2 SSD Strategic Plan Affordable Housing Strategic Plan 8.7 Packet Pg. 133 Attachment: Powerpoint Presentation (9182 : Competitive Process 2020) Competitive Process Recommendations 4 Funding Sources Source Total Funds Housing Human Services Planning / Admin Federal (CDBG & HOME) $ 2,431,879 $ 1,871,249 $ 264,350 $ 296,280 City (General & KFCG) $ 1,150,176 $ 260,528 $ 889,648 $ 0 Total $ 3,582,055 $2,131,777 $1,153,998 $ 296,280 8.7 Packet Pg. 134 Attachment: Powerpoint Presentation (9182 : Competitive Process 2020) Competitive Process Recommendations 5 Funding Categories Housing $ 2,131,777 Human Service $ 1,153,998 Planning and Administration $ 296,280 Total $ 3,582,055 8.7 Packet Pg. 135 Attachment: Powerpoint Presentation (9182 : Competitive Process 2020) Competitive Process Recommendations 6 Affordable Housing • 6 Project Proposals • $3.31M Requested • Recommend funding 5 proposals at 100% • Recommend funding 1 proposal at 0% 8.7 Packet Pg. 136 Attachment: Powerpoint Presentation (9182 : Competitive Process 2020) Competitive Process Recommendations 7 CARE Housing Swallow Road Rehab $ 1,000,000 Habitat for Humanity Poudre Build # 7 $ 80,000 Loveland Housing Authority Home Improvement Program $ 150,000 8.7 Packet Pg. 137 Attachment: Powerpoint Presentation (9182 : Competitive Process 2020) Competitive Process Recommendations 8 Mercy Housing Northfield Affordable $ 550,000 Neighbor to Neighbor 80 Unit Rehab $ 1,280,000 Volunteers of America Senior Residences at Spring Creek $ 250,000 8.7 Packet Pg. 138 Attachment: Powerpoint Presentation (9182 : Competitive Process 2020) Competitive Process Recommendations 9 Human Services • 45 Program Proposals • $1.7M Requested • Recommend funding 40 programs • Difference of $591,884 8.7 Packet Pg. 139 Attachment: Powerpoint Presentation (9182 : Competitive Process 2020) Competitive Process Recommendations 10 Evaluation Method – Human Services Funding Recommendation Rules-Based Deliberation Protocol Criteria- Based Ranking Average Scores Tabulated Scorecards by each Commissioner 8.7 Packet Pg. 140 Attachment: Powerpoint Presentation (9182 : Competitive Process 2020) Competitive Process Recommendations 11 Human Services Priorities 8.7 Packet Pg. 141 Attachment: Powerpoint Presentation (9182 : Competitive Process 2020) Competitive Process Recommendations 12 • Public Hearing & Resolution 2020 – 056 • Ordinance No. 081, 2020 • Ordinance No. 082, 2020 Council Consideration: 8.7 Packet Pg. 142 Attachment: Powerpoint Presentation (9182 : Competitive Process 2020) -1- RESOLUTION 2020-056 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE PROGRAMS AND PROJECTS THAT WILL RECEIVE FUNDS FROM THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, THE HOME INVESTMENT PARTNERSHIPS PROGRAM, THE CITY’S AFFORDABLE HOUSING FUND, AND THE CITY’S HUMAN SERVICES PROGRAM WHEREAS, the Community Development Block Grant (“CDBG”) Program and the Home Investment Partnerships (“HOME”) Program are ongoing grant administration programs funded by the Department of Housing and Urban Development (“HUD”); and WHEREAS, the City has received CDBG Program funds since 1975 and HOME program funds since 1994; and WHEREAS, the City Council has budgeted General Fund and Keep Fort Collins Great (“KFCG”) dollars in the Affordable Housing Fund (“AHF”) and the Human Services Program (“HSP”) for use in assisting affordable housing programs and projects and community development activities; and WHEREAS, on January 18, 2000, the City Council adopted Resolution 2000-013, formally adopting a competitive process for the allocation of City financial resources to affordable housing programs and projects and community development activities; and WHEREAS, on January 20, 2015, the City Council adopted Resolution 2015-009, adopting a revised competitive process that changed from two annual funding cycles, in the spring and fall, to one funding cycle in the spring, with the fall funding cycle being optional and used only when funds are available that were not allocated in the spring or were returned to the City; and WHEREAS, the CDBG Commission reviewed 51 applications for the 2020 funding cycle, listened to recorded presentations by the affordable housing applicants, and asked clarifying questions; and WHEREAS, on May 13th and 14th the CDBG Commission met to deliberate and prepare a recommendation to the City Council as to which programs and projects should be funded with FY2020 CDBG and HOME funds, FY2018 and FY2019 CDBG and HOME Unanticipated Program Revenue, and CDBG and HOME funds carried over from FY2019, as well as City AHF and HSP funds; and WHEREAS, as required by HUD regulations and the City’s Citizen Participation Plan, a 30-day comment period began on May 18, 2020 and ended on June 16, 2020; and WHEREAS, the City Council has considered the recommendations of the CDBG Commission and has determined that the City’s 2020 allocation should be made as set out in this Resolution; and Packet Pg. 143 -2- WHEREAS, all funding agreements for grants of City AHF and HSP funds will caution that the grant amount may be proportionately decreased if reduced tax revenues result in budget shortfalls. 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 authorizes City staff to submit an application to HUD based on the following recommended funding allocations: Planning and Administration Category Applicant Project/Program Funding Request Recommended Funding Unfunded Balance Percent of Request Funded City of Fort Collins: CDBG Administration/Planning $220,717 $220,717 $0 100% City of Fort Collins: HOME Administration/Planning $75,563 $75,563 $0 100% Administration/Planning Total $296,280 $296,280 $0 100% Housing Category Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded CARE Housing: Swallow Road Rehabilitation $1,000,000 $1,000,000 $0 100% Habitat for Humanity: Poudre Build #7 $80,000 $80,000 $0 100% Loveland Housing Corporation: Larimer Home Improvement Program $150,000 $150,000 $0 100% Mercy Housing: North Field Affordable $550,000 $550,000 $0 100% Neighbor to Neighbor: 80 Unit Rehab at Coachlight, Conifer & Aztec $1,280,000 $0 $1,280,000 0% Volunteers of America: Senior Residences at Spring Creek $250,000 $250,000 $0 100% Housing Total $ 3,310,000 $ 2,030,000 $1,280,000 61% Packet Pg. 144 -3- Human Service Category Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded A Little Help: A Little Help in Fort Collins $35,000 $21,000 $14,000 60% Alliance for Suicide Prevention: Postvention Trauma Response $10,000 $5,000 $5,000 50% Boys & Girls Clubs of Larimer County: Our Future, Our Promise Program $35,000 $30,000 $5,000 86% CASA Program: Court Appointed Special Advocates $52,558 $45,000 $7,558 86% CASA Program: Harmony House Supervised Visitation $49,032 $40,000 $9,032 82% Catholic Charities: Senior Services $40,000 $27,000 $13,000 68% Catholic Charities: The Mission Shelter $75,000 $65,000 $10,000 87% The Center for Family Outreach: Family Intervention Specialist $24,128 $13,000 $11,128 54% Children’s Speech & Reading Center: CSPC Programs $25,000 $10,000 $15,000 40% ChildSafe Colorado: Child Sexual Abuse Treatment Program $55,380 $32,000 $23,380 58% Colorado Health Network: Northern Colorado Health Network (NCAP) $5,000 $0 $5,000 0% Crossroads Safehouse: Advocacy Project $59,757 $40,000 $19,757 67% Disabled Resource Services: Access to Independence $38,239 $20,000 $18,239 52% Early Childhood Council of Larimer County: Expanding Professional Possibilities in Early Childhood $36,304 $10,000 $26,304 28% Easter Seals Colorado: Fort Collins Employment Services $10,000 $0 $10,000 0% Elderhaus Adult Day Program: Community Based Therapeutic Care -4- Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded Homeward Alliance: Homeward Alliance Programs $35,000 $30,000 $5,000 86% Homeward Alliance: Murphy Center Programs $35,000 $30,000 $5,000 86% Larimer County Partners: One to One Mentoring $15,000 $5,000 $10,000 33% Light of the Rockies Christian Counseling Center: Suicide Prevention $15,000 $0 $15,000 0% Meals on Wheels for Fort Collins: Meal Delivery Program $38,000 $29,000 $9,000 76% Neighbor to Neighbor: Homelessness Prevention Programs $140,000 $135,498 $4,502 97% Neighbor to Neighbor: HomeShare $40,000 $22,000 $18,000 55% Plan de Salud del Valle: Access to Integrated Primary Care Services $100,000 $50,000 $50,000 50% Project Self-Sufficiency: Selfpower Program to Self-Sufficiency $35,000 $21,000 $14,000 60% Respite Care: Childcare Scholarships $40,000 $30,000 $10,000 75% SAVA Center: Sexual Assault Victim Services $50,000 $30,000 $20,000 60% SAVA Center: Prevention Education $50,000 $14,000 $36,000 28% SummitStone Health Partners: Community Behavioral Health Treatment Program $35,000 $20,000 $15,000 57% SummitStone Health Partners: Imperative Mental Health Services at the Murphy Center $30,000 $20,000 $10,000 67% Teaching Tree Early Childhood Learning Center: Childcare Scholarships $85,000 $72,000 $13,000 85% The Family Center/La Familia: Early Childhood Education & Family Support Services $75,000 $64,000 $11,000 85% The Matthews House: Youth & -5- Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded UCHealth Northern Colorado Foundation: Family Medicine Center Food Pantry $25,000 $12,500 $12,500 50% United Way of Larimer County: 2-1-1 $10,000 $0 $10,000 0% United Way of Weld County: Coordinated Assessment & Housing Placement System (CAHPS) $20,000 $13,000 $7,000 65% Voices Carry Child Advocacy Center: Forensic Services $30,000 $15,000 $15,000 50% Volunteers of America: Handyman Program $15,800 $13,000 $2,800 82% Volunteers of America: Home Delivered Meal Service $38,700 $25,000 $13,700 65% Human Service Total $1,745,882 $1,153,998 $591,884 66% Section 3. That, subject to the appropriation of funds by the City Council, the City County hereby authorizes the City Manager to execute any agreements necessary to implement the funding allocations described herein on terms and conditions consistent with this Resolution, along with such additional terms and conditions as the City Manager, in consultation with the City Attorney, deems necessary or appropriate to protect the interests of the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of June, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 147 -1- ORDINANCE NO. 081, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND WHEREAS, the City estimates it will receive in federal fiscal year 2020-2021 unanticipated revenue in the form of federal Community Development Block Grant (“CDBG”) funds from Housing and Urban Development (HUD) totaling $1,103,585; and WHEREAS, the City also has discovered unprogrammed CDBG funds through a reconciliation with the federal Integrated Disbursement & Information System (IDIS) of $139,790; and WHEREAS, on June 16, 2020, the City Council adopted Resolution 2020-056, approving the CDBG Commission’s recommendation as to which programs and projects should receive CDBG funds in the 2020 funding cycle; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, Article V, Section 11, of the City Charter provides that federal grant appropriations shall not lapse if unexpended at the end of the budget year until the expiration of the federal grant; and WHEREAS, this appropriation benefits public health, safety and the welfare of the citizens of Fort Collins and serves the public purpose of providing affordable housing and human services for City residents. WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Community Development Block Grant Fund and will not cause the total amount appropriated in the Community Development Block Grant Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from unanticipated grant revenue in the federal fiscal year 2020-2021 from HUD into the Community Development Block Grant Fund, the sum of ONE MILLION ONE HUNDRED THREE THOUSAND FIVE Packet Pg. 148 -2- HUNDRED EIGHTY-FIVE DOLLARS ($1,103,585), upon receipt thereof for federal fiscal year 2020-2021 Community Development Block Grant projects. Section 3. That there is hereby appropriated for expenditure from unanticipated revenue from a reconciliation of funding between the City JDE system and the federal IDIS system into the Community Development Block Grant Fund, the sum of ONE HUNDRED THIRTY-NINE THOUSAND SEVEN HUNDRED NINETY DOLLARS ($139,790), for approved Community Development Block Grant projects. Introduced, considered favorably on first reading, and ordered published this 16th day of June, A.D. 2020, and to be presented for final passage on the 21st day of July, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of July, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 149 -1- ORDINANCE NO. 082, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE HOME INVESTMENT PARTNERSHIPS FUND WHEREAS, the Home Investment Partnership Program (the “HOME Program”) was authorized by the National Affordable Housing Act of 1990 to provide funds in the form of Participating Jurisdiction Grants for a variety of housing-related activities that would increase the supply of decent, safe, and affordable housing; and WHEREAS, on March 1, 1994, the City Council adopted Resolution 1994-092 authorizing the Mayor to submit to the Department of Housing and Urban Development (“HUD”) a notification of intent to participate in the HOME Program; and WHEREAS, on May 26, 1994, HUD designated the City as a Participating Jurisdiction in the HOME Program, allowing the City to receive an allocation of HOME Program funds as long as Congress re-authorizes and continues to fund the program; and WHEREAS, the City estimates it will receive in federal fiscal year 2020-2021 unanticipated revenue in the form of Home Investment Partnership Program (“HOME”) funds from Housing and Urban Development (HUD) totaling is $755,635; and WHEREAS, the City received unanticipated HOME Program income in the amount of $116,305; and WHEREAS, on June 16, 2020, the City Council adopted Resolution 2020-056, approving the CDBG Commission’s recommendation as to which programs and projects should receive HOME funding in the 2020 funding cycle; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, Article V, Section 11, of the City Charter provides that federal grant appropriations shall not lapse if unexpended at the end of the budget year until the expiration of the federal grant; and WHEREAS, this appropriation benefits public health, safety and the welfare of the citizens of Fort Collins and serves the public purpose of providing safe and affordable housing for low-income residents; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Home Investment Partnerships Fund and will not cause the total amount appropriated in the Home Investment Partnerships Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. Packet Pg. 150 -2- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from unanticipated revenue in the federal fiscal year 2020-2021 in the HOME Program Fund the sum of SEVEN HUNDRED FIFTY-FIVE THOUSAND SIX HUNDRED THIRTY-FIVE DOLLARS ($755,635), upon receipt from federal fiscal year 2020-2021 HOME Participating Jurisdiction Grant Funds. Section 3. That there is hereby appropriated for expenditure from unanticipated program income revenue, upon receipt thereof, in the HOME Program Fund the sum of ONE HUNDRED SIXTEEN THOUSAND THREE HUNDRED FIVE DOLLARS ($116,305), for approved HOME Program projects. Introduced, considered favorably on first reading, and ordered published this 16th day of June, A.D. 2020, and to be presented for final passage on the 21st day of July, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of July, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 151 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY June 16, 2020 City Council STAFF Cameron Gloss, Planning Manager Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 044, 2020, Updating the Harmony Corridor Plan for the Gateway Area and the Harmony Corridor Standards and Guidelines. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priorities for being on the Council agenda: • Second Reading Ordinance • Items that are substantially complete, have completed significant public process, and are ready for Council consideration. These items are being brought forward to help ensure that work does not have to be redone and can continue to move forward. This Ordinance, adopted on First Reading on March 3, 2020, by a vote of 4-2 (Nays: Summers, Troxell; Gorgol absent) amends the Harmony Corridor Plan and the Harmony Corridor Standards and Guidelines by adopting revised Plan polices, standards and guidelines pertaining to the “gateway” area located west of I-25. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION The Ordinance updating the Harmony Corridor Plan for the Gateway Area and the Harmony Corridor Standards and Guidelines was adopted on First Reading by Council on March 3, 2020, by a vote of 4-2 (Nays: Summers, Troxell; Gorgol absent). Second Reading was initially scheduled for April 7, 2020. Due to the length of the April 7th hearing agenda, which included the Hughes Stadium site rezoning, Second Reading was postponed to May 19 in order to ensure adequate time could be allocated to this agenda item. Because the Hughes Stadium rezoning ended up being heard on May 19, Second Reading of this item was postponed until June 16. Since the March 3, 2020, First Reading, staff has received relatively few additional public comments and questions. The most notable comments were contained in a letter dated April 7, 2020, (Attachment 2) from legal counsel representing Harmony-McMurray, LLC, the owner of most of the privately-held land within the Harmony “Gateway” area. The latest revisions reflected in the Standards and Guidelines that are being presented to City Council on Second Reading are non-substantive in nature. These revisions include subtle changes in text (see redlines in Attachment 3) that provide greater clarity to the intent of the standards and the manner in which they will be implemented. 9 Packet Pg. 152 Agenda Item 9 Item # 9 Page 2 Open Space and Landscape Setback Requirements There continues to be areas of disagreement between the positions held by staff and that of the Harmony- McMurray, LLC, with respect to the Open Space and Landscape Setback Requirements. Under the proposed standards, a minimum of 40% of the Gateway Area must be as an open, landscaped area with naturalistic plant materials and landforms. Land within this landscaped area may include: • Landscaped setbacks from I-25 and Harmony Road • Designated floodways • Delineated natural habitat or features • Stormwater detentions areas • Other landscaped areas with a minimum land area of 10,000 square feet and 30 feet in width at any location. Staff’s position regarding the “40%” naturalistic landscape standard remains unaltered as does that of Harmony-McMurray, LLC. No alternative ratio of the landscape standard has been offered by opponents of the requirement and there are continued requests for the City to purchase or accept donation of all or a portion of those areas required as open and undeveloped. The City continues to decline either acquisition approach to the property given the costs and liabilities of mining permit closeout, water augmentation and site restoration. In addition to the 40% naturalistic landscape standard, the proposed text requires that the wider landscaped setbacks along Harmony and I-25, which are designed to screen parked vehicles and intentionally frame intermittent views of buildings, be sufficiently planted to ensure adequate screening and that tree and plant species highlight the river valley setting. Harmony-McMurray, LLC, has requested that those portions of the area held in its current undeveloped state would automatically be considered compliant with the ‘naturalistic’ landscape setback requirement. Staff does not support automatic acceptance of all existing areas as compliant as some of the frontage area’s landscape has been substantially altered from its natural state. Some of the existing areas may be compliant “as is” while other areas could require weed mitigation, revegetation, or other clean-up measures so that the resulting landscape has the appropriate plant mix and naturalistic quality. From staff’s perspective, the proposed standards have been written so that the current/natural state could possibly satisfy the setback landscaping requirements but would need to be altered or augmented to comply with the River Valley landscape design to the extent the current state does not. ATTACHMENTS 1. First Reading Agenda Item Summary, March 3, 2020 (w/o attachments) (PDF) 2. Harmony-McMurray Letter to City Council (PDF) 3. Harmony Gateway Standards and Guidelines (DRAFT- Redlined to show changes) (PDF) 4. Powerpoint Presentation (PDF) 9 Packet Pg. 153 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY March 3, 2020 City Council STAFF Cameron Gloss, Planning Manager Brad Yatabe, Legal SUBJECT First Reading of Ordinance No, 044, 2020, Updating the Harmony Corridor Plan for the Gateway Area and the Harmony Corridor Standards and Guidelines. EXECUTIVE SUMMARY The purpose of this item is to consider a request to amend the Harmony Corridor Plan and the Harmony Corridor Standards and Guidelines by adopting revised Plan polices, standards and guidelines pertaining to the ‘gateway’ area located west of I-25. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION A. PROJECT DESCRIPTION This is a staff-proposed update of the Harmony Corridor Plan, a policy plan, and the Harmony Corridor Standards and Guidelines, a document that sets forth binding development standards. The Harmony Corridor Plan and the Harmony Corridor Standards and Guidelines were originally adopted in 1991 and have been amended from time to time, most recently in 2006. The changes revise Plan polices and development standards and guidelines pertaining to the gateway area located west of the intersection of Harmony Road and I-25 and extending north and south of Harmony Road (“Gateway” or “Gateway Area”). The proposed vision reflects a shift in general direction regarding the type of development to occur in the developable portions of the area: away from low- intensity, non-retail employment uses, toward a mixed-use, multi-story pedestrian district that could take better advantage of multi-modal transportation improvements planned for Harmony Road and I-25. While this proposed vision reflects a shift in the basic concept for the mix of uses, three other aspects are consistent with the City’s existing vision for the area: first, a focus on the overall landscape treatment to highlight the river valley setting; second, an approach to development character that is different from typical commercial highway interchanges; and lastly, attention to the mix of uses, and private and public improvements that will match the desire for an inviting, attractive Fort Collins entry that provides a degree of community separation from the adjacent Town of Timnath. The requested Harmony Corridor Plan amendments include three components:  Harmony Corridor Plan Chapter 3 that updates the general policies pertaining to the entire Harmony Corridor. Revised Chapter 3 is Attachment 1 with deletions struck through and additions highlighted;  Harmony Corridor Plan Chapter 5 that updates policies and design strategy specifically for the Gateway, revised Chapter 5 is attached to the Ordinance because the revisions are extensive and the strike- through/highlight format was not feasible; and ATTACHMENT 1 9.1 Packet Pg. 154 Attachment: First Reading Agenda Item Summary, March 3, 2020 (w/o attachments) (9123 : SR 044 Harmony Gateway Plan) Agenda Item 8 Item # 8 Page 2  New Harmony Corridor Standards and Guidelines Section V for the Gateway, Section V is attached to the Ordinance and this is an entirely new section. B. GATEWAY AREA CHARACTERISTICS 1. Current Conditions Commercial Uses. Four visually prominent commercial uses have been developed under County zoning adjacent to the west side of the interchange, which substantially affect the image of the area as a gateway to the city. These include a gas station, cell tower, and landscape nursery business on the south side of Harmony Road, and a vehicular-oriented commercial building with outdoor storage on the north side. Across I-25 to the east, the Town of Timnath has developed a regional shopping area anchored by WalMart and Costco. Residential Uses. In 2018, a 368 unit-apartment complex (The Wyatt) was constructed on 23 acres at the southwest corner of Harmony and Strauss Cabin Roads. The development plan received a modification to the 25% secondary use limitations. One key attribute to the site design is the retention of the wetland at the corner of Harmony and Strauss Cabin and installation of cottonwoods and other river landscaping within an expanded setback. Public Uses. The City of Fort Collins Arapaho Bend Natural Area located north of Harmony Road and east of Strauss Cabin Road, encompasses almost 50% of the land area within the Gateway. A state-owned Park-n- Ride facility operated by the City of Fort Collins and officially known as the Harmony Transportation Transfer Center lies north of Harmony Road, ¼ mile west of the interchange. 2. Zoning and Land Use Adjacent to the Gateway North South East West Zoning County FA-1 - Farming RUL (Rural Open Lands) I-25; Town of Timnath Regional Commercial HC (Harmony Corridor) Land Use Single-family residential; City-owned conservation area Vacant; some delineated wetland resources. Large format and in- line retail Single and multi-family residential Morningside); Banner Medical Center; Hewlett-Packard C. SUMMARY OF APPLICABLE ADOPTED PLANS AND POLICIES 1. Existing 1991 Harmony Corridor Plan The Harmony Corridor Plan (The Plan) was adopted in 1991, for the Harmony Road corridor from College Avenue to I-25. It includes the Gateway within its land use designation of “Basic Industrial Non-Retail Employment”, which covers a majority of the corridor. This designation emphasizes office, institutional, light industrial and other similar employment development, and also allows for some limited supporting commercial and residential uses. There were amendments to the Plan in 2006 impacting the use of some properties, including the Front Range Village shopping center site, yet there were no substantive changes related to the Gateway. The Plan also contains a special chapter (Chapter 5) highlighting the Gateway differently from the rest of the Harmony Corridor, due to the exceptional significance of the I-25 interchange entrance to Fort Collins, combined with the Cache La Poudre River valley setting. In effect, the existing Gateway Area chapter suggested that special tailoring of the underlying employment-based land use designation was needed; however, it did not establish a vision or specific strategy for the area over time. Instead, it explained issues that needed significant follow-up work. It also described “Alternative Gateway 9.1 Packet Pg. 155 Agenda Item 8 Item # 8 Page 3 Concepts”, ranging from typical highway interchange commercial development to public purchase for open space. It concluded that: “Additional work is required to develop a strategy for shaping the future of this important segment of the community.” It also stated that the starting point for additional work was to be the concept of a gateway entrance integrating high-quality development with the natural characteristics of the existing landscape. As the general ideas of the original Plan were explored further in subsequent years, they were clarified into concepts for a community edge tapering down in development intensity, with the river valley floodplain corridor helping to preserve the separate identities of Fort Collins and Timnath through ‘community separators’, and providing scenic, recreational, educational, habitat, and water management functions. The concepts include limited development that would be integrated and unobtrusive in the landscape, with low, horizontal buildings blended into river valley landscaping, with low-intensity development activity consisting mostly of employment uses. With recent development of a large, multi-phased commercial center (Walmart/Costco/restaurants/inline commercial), the community separator concept has been lost east of I-25 in the Town of Timnath; however, there are design elements supporting preservation of the Poudre River Valley landscape that continue to have validity west of I-25 and that can provide a degree to community separation from Timnath. D. IMPETUS FOR PLAN AMENDMENT The existing 1991 Plan called for additional work to set a strategy for the Gateway Area. The proposed Plan update would:  Reflect 29 years of additional work, changed conditions, and new information since the original Plan.  Reflect aspects of the City Plan Update (2019) regarding compact, mixed-use pedestrian-oriented development responsive to the needs of employers and the need to improve the linkage between land use patterns and transportation/transit investment. Following are some key changes and new information since 1991:   Since then, the City’s Growth Management Area has expanded approximately three miles further south along I-25.  City Natural Area Purchases. The portion of the Gateway Area north of Harmony Road was purchased as a City Natural Area (Arapaho Bend) in 1995. In a multi-year process (1997- 2003), the City and Larimer County purchased the 843-acre Fossil Creek Reservoir Regional Open Space/Natural Area. Eagle View Natural Area was purchased immediately south of Kechter Road in 2002.  Gravel Mining Completed, late 1990’s. Gravel mining operations were completed in the 265-acre portion of the area south of Harmony Road and east of Strauss Cabin Road, leaving a completely altered landscape with extensive open water in gravel pit ponds. These mining operations extended an additional half-mile south from the Gateway.  City Natural Area Purchase Declined South of Harmony Road. Around 2004, the undeveloped, gravel-mined property south of Harmony Road was offered and considered for purchase as a City Natural Area, mainly for community separator and viewshed purposes. Wildlife habitat was not considered a significant purpose, due to the gravel-mined landscape. The City studied the opportunity, but declined to purchase the property, due to costs and liabilities of mining permit closeout, water augmentation, and site restoration, given numerous other higher priority demands on the Natural Areas Program. There have been subsequent discussions between area property owners and the Natural Areas program staff, yet the status remains the same. 9.1 Packet Pg. 156 Attachment: First Reading Agenda Item Summary, March 3, 2020 (w/o attachments) (9123 : SR 044 Harmony Gateway Plan) Agenda Item 8 Item # 8 Page 4  Existing Commercial Uses. Four visually prominent commercial uses have been developed under County zoning adjacent to the interchange, which substantially affect the image of the area as a gateway to the city. These include a gas station, cell tower, and landscape nursery business on the south side of Harmony Road, and a vehicular oriented commercial building with outdoor storage on the north side. Larimer County approved a variance for the cell tower (2007) at the southwest corner of I-25 and Harmony Road over the objections of the City staff.  Transportation Transfer Center (TTC, or Park-and-Ride) Facility Built. The Natural Areas Program sold land on the north side of Harmony Road for this use in the late 1990’s.  City Structure Plan (1997). The original City Plan land use map (City Structure Plan) envisioned a low- intensity “soft edge” of the city in the Gateway District area, suggesting that development intensity would generally taper down to a fairly open river valley landscape.  Two Community Separator Studies. Reports completed in 1999 and 2003 convened multiple jurisdictions, explored issues, and described opportunities for preserving distinct visual and physical separation and identity of Fort Collins, Timnath, and Windsor in and around the subject area. The 2003 Fort Collins-Timnath-Windsor Community Separator Study specifically identified a separator opportunity consisting of the Poudre River floodplain corridor, which forms a broad swath around all corners of the I-25/Harmony interchange. The separator studies generally described possible implementation actions, which would require increasing cooperation among regional cities and towns at their edges along I-25.  I-25 Land Use Plans Completed. Plans adopted in 2001 (Northern Colorado Regional Plan) and 2003 (Fort Collins) for land fronting the I-25 Corridor. The Regional I-25 Plan called for a common I-25 development vision to be created by Northern Colorado communities, but only Berthoud, Windsor and Fort Collins adopted the Plan. The preferred land use pattern supported development concentrated in mixed-use ‘activity centers’ that support alternate modes of transportation, and that natural areas, open lands and views were protected that contribute to the open character of the corridor. Fort Collins also adopted its own subarea plan mirroring the regional effort and creating complementary design standards.  Retail Development at Interchanges. During the last two decades, the retail industry has seen the evolution of “big box” superstores, power centers, lifestyle shopping centers, and mixed use “town center” developments, all creating increasingly regional market characteristics, typically wanting to locate at or near interstate interchanges. The retail evolution continues as a result of on-line purchase options.  Major Interstate Development. Retail/commercial activity and competition for sales tax has changed rapidly, becoming fairly aggressive along I-25. The interstate has become a focus of annexations and development, with advocates of regional metropolitan development widely promoting I-25 as “Northern Colorado’s Main Street”. In 2003, the Larimer County Events Center and the Centerra Lifestyle Shopping Center opened, adding momentum to development pressures along I-25. A Super WalMart center was constructed in Timnath in 2009 on the northeast corner of the Harmony/I-25 interchange; the floodplain was filled; and the development was built directly against the interchange. Within the same timeframe, the entire east side of I-25, directly across from the Gateway Area, was re- planned by Timnath for Regional Commercial development, extending one mile southward from Harmony Road along I-25, thus significantly undermining Community Separator concepts for this area. Costco opened in 2014, with restaurants and freestanding retailers added since that time.  Taller Buildings (2000’s). Taller buildings began to emerge along I-25 in Northern Colorado, with the 8-story Embassy Suites constructed next to the Larimer County Events Center and other 6-story buildings planned nearby. 9.1 Packet Pg. 157 Attachment: First Reading Agenda Item Summary, March 3, 2020 (w/o attachments) (9123 : SR 044 Harmony Gateway Plan) Agenda Item 8 Item # 8 Page 5  Ridgeline Development. Development has occurred and will continue along the top of the bluff, or river valley wall, immediately west of the Gateway Area, with highly visible buildings along the ridgeline. This diminishes the potential for long scenic vistas across the river valley to the mountains beyond, as a defining concept for the Gateway Area.  Colorado Department of Transportation (CDOT) Highlights Harmony Road. A multi-year process spanning 2007-2010. CDOT undertook an Environmental Impact Statement (EIS) process from 2008-2010, evaluating alternative transportation scenarios for I-25 and related north-south transportation facilities between the Denver Metro area and North Front Range. The Harmony interchange is shown in the draft EIS as a significant hub for future bus transit on both I-25 and Harmony Road.  In 2008, the Riverwalk Project (later renamed Nine Bridges) was proposed on 268 acres at the southwest quadrant of the Harmony interchange that included residential, commercial and employment uses with a channelized water feature/riverwalk passing through the property. The property was annexed after City Council approved a series of emergency ordinances to block Timnath’s annexation of the former Riverwalk site. The annexation issue was resolved through mediation. The development plan did not move forward, and the property was later sold. As part of Riverwalk, and different land use proposals for the other privately-owned properties on the south side of Harmony Road, additional work in the area has included: o gravel mine permit closeout under State statutes, o consideration of City purchase of portions of the area for Natural Area and/or water utilities purposes, o analysis of earthwork changes to reshape the floodplain under FEMA and City regulations, o sewer, water, and other utility services investigation and planning, and o consideration of various economic land use and development approaches.  Bustang, CDOT’s interregional express bus service, began its north terminus in Fort Collins during 2016. The Harmony Transit Center becomes one of the area’s key pick-up and drop-off sites.  The Wyatt Apartments (2018). A 368 unit-apartment complex was constructed on 23 acres at the southwest corner of Harmony and Strauss Cabin Roads. The development plan received a modification to the 25% secondary use limitations. One key attribute to the site design is the retention of the wetland at the corner of Harmony and Strauss Cabin and installation of cottonwoods and other river landscaping within an expanded setback.  City Plan Update (April 2019). City Plan’s land use map (City Structure Plan) continues to designate the Gateway Area for Parks and Natural/Protected Lands north of Harmony (except for the State Lands parcel) and the balance as a Mixed Employment district. The long-range transportation plan calls for high-frequency transit along Harmony Road and designates the southwest corner of the interchange as an activity center. One of the short-term, high-priority implementation actions of the City Plan Update is to assess our land supply to ensure that land is available to support business needs and to create a more detailed vision for the community’s gateways.  Larimer County denied a variance request in April 2019 for a freestanding electronic message center sign on the north side of Harmony Road, 1/8 mile west of I-25. The proposed sign would have been non-compliant with the proposed Design Standards and Guidelines. E. PROPOSED HARMONY GATEWAY DISTRICT VISION The changes, issues, and additional work noted above, have led to a more refined future vision of this area. The proposed vision reflects a shift in general direction regarding the type of development to occur in the developable portions of the area: away from low-intensity, non-retail employment uses, toward a mixed-use, 9.1 Packet Pg. 158 Attachment: First Reading Agenda Item Summary, March 3, 2020 (w/o attachments) (9123 : SR 044 Harmony Gateway Plan) Agenda Item 8 Item # 8 Page 6 multi-story pedestrian district that could take better advantage of transit planned for Harmony Road, the rest of the community, and I-25. While this proposed vision reflects a shift in the basic concept for the mix of uses, three other aspects are consistent with the City’s existing vision for the area: first, a focus on the overall landscape treatment to highlight the river valley setting; second, an approach to development quality that is different from typical commercial highway interchanges; and lastly, attention to private and public improvements that will match the desire for an attractive Fort Collins entry. The proposed vision would move the existing Plan forward to fulfillment of its call for additional work to set a strategy for the area. And finally, it would fit with numerous aspects of City Plan regarding integration of efficient land use, the environment and transportation choices, and investment in the community’s gateways. The update to Chapter 5 of the Harmony Corridor Plan describes ten basic design elements that apply to future development and public investment and that are implemented through metrics contained within Standards and Guidelines: 1. Naturalistic River Valley Landscape Cottonwood groves, willows, and other native plantings will form the most dominant aspect of the area’s image as seen by users of Harmony Road and drivers on I-25. Under this approach, a naturalistic river valley landscape, instead of buildings and signs, becomes the primary view that’s experienced. 2. Landscaped Setbacks Along Harmony and I-25 for Visual Image and Character These newly landscaped areas along streets will be designed to screen parked vehicles and intentionally frame intermittent views of buildings and their signage as part of the image of buildings sited within a landscape. 3. Unified Harmony Road Gateway Streetscape In the Gateway Area, streetscape enhancements will be an extension of naturalistic landscaping in abutting land uses. 4. Fort Collins Entryway Signs A landscaped native stone sign wall or other complementary entry sign would reinforce the gateway impression and will be carefully considered, sited and designed considering relationships to similar initiatives at other City gateways. The Fort Collins entry sign would be installed on the north side of Harmony Road in a location readily visible to motorists. 5. Habitat Protection and Mitigation Riparian landscaping will contribute to a larger continuous corridor of riparian habitat in rural and open lands across the larger southeast edge of Fort Collins. City, State, and Federal regulations already govern impacts to existing habitat that would likely occur with development. They generally emphasize protection in place but also allow for alternative mitigation of losses if necessary. On the south side of Harmony Road where greater land use changes are expected, the changes will include habitat improvements to mitigate expected losses associated with filling ponds and future development. 6. Regional Trail Corridor A landscaped trail corridor thirty to fifty feet wide (or more) will run like a ribbon through the south side of Harmony road to assist in linking trails and Natural Areas to the north and beyond the Gateway toward the south-the Poudre River Trail in Arapaho Bend Natural Area on the north, and Fossil Creek Trail in Eagle View. 7. Mobility Hub 9.1 Packet Pg. 159 Attachment: First Reading Agenda Item Summary, March 3, 2020 (w/o attachments) (9123 : SR 044 Harmony Gateway Plan) Agenda Item 8 Item # 8 Page 7 City Plan identifies the Harmony interchange area as a Mobility Hub recognizing its long-term potential to offer transfers, drop-offs, a station for bus rapid transit (BRT), intersecting multi-use trails, and regional bus transit in addition to its park-n-ride function. 8. Limitations on Commercial Signs Commercial signs within the Gateway Area will be consistent with the Plan’s character elements as well as compliant with the City’s Sign Code. Proposed is a prohibition of Electronic Message Center (EMC) signs within the Gateway Area. 9. Stealth Wireless Telecommunication Facilities New standards would prohibit conventional wireless and other telecommunication towers, unless in those cases where they are screened, roof-mounted equipment or are “stealth” installations located within church steeples, grain silos or other similar structures common to the area’s landscape. 10. Unique Land Use and Development Standards Development Standards and Guidelines (discussed more fully in the following section) provide clear direction for future development: o The intention is to promote a mixed-use activity center within the Gateway Area on the south side of Harmony. While retail uses are included, and visibility to traffic is important, the proposed vision does not include typical shopping center or commercial strip formats oriented to the highway. Retail uses would be well-integrated into a pedestrian-oriented development. ‘Big Box’ stores (50,000 square feet or greater in size) and drive-through restaurants would be prohibited uses. Under the proposal, the mix of uses would be limited to the following distribution: Residential 25% minimum Retail and Commercial 50% maximum Employment 25% minimum o To maximize community separation and promote a more ‘open’ site character, a minimum of 40% of the Gateway Area on the south side of Harmony Road must be as an open, landscaped area with naturalistic plant materials and landforms. Land included within this landscaped area may include:  Landscaped setbacks from I-25 and Harmony Road  Designated floodways  Delineated natural habitat or features  Stormwater detention areas  Other landscaped areas with a minimum land area of 10,000 square feet and 30 feet in width at any location. Landscaping within naturalistic areas is encouraged to be upsized to the extent reasonably feasible. o An incentive to promote civic or cultural uses in the area south of Harmony Road is provided through an exemption of such uses from the Harmony Corridor land use limitations. o Building heights limited to three stories for attached residential and five stories for commercial and mixed-use buildings. An exemption permits one additional story for commercial and mixed- use buildings if structured parking is provided. o Beyond the visual image, development would reflect community goals regarding efficient, walkable development. The combination of image and other underlying qualities would define it as a gateway to the community as well as a destination in itself. o Integration of a regional bicycle trail sited and designed to maximum the user experience. 9.1 Packet Pg. 160 Attachment: First Reading Agenda Item Summary, March 3, 2020 (w/o attachments) (9123 : SR 044 Harmony Gateway Plan) Agenda Item 8 Item # 8 Page 8 o A primary orientation to pedestrians and bicyclists would mutually support public transit planned for Harmony Road and I-25 and allow the Gateway Area to become less dependent on car traffic over time. F. HARMONY GATEWAY DISTRICT STANDARDS AND GUIDELINES The Harmony Corridor Plan is accompanied by a companion Standards and Guidelines document. This document supplements the already high standards found in the Land Use Code to specifically implement the Plan as development occurs over time. The document includes provisions for required actions known as “standards” (denoted +), and suggested actions which are known as “guidelines” (denoted o). This new section is added to the document, in conjunction with the Plan amendment, to address defining aspects of development including:  Required Mix of Uses  Continued Prohibition of Large Retail Establishments  Framework of Streets, Drives, and Walkways  Building Grouping and Orientation - Streets and Waterway  Parking Located to Support the Pedestrian District  Transit-Ready Design  Building Character to Enhance the Pedestrian District  Landscape Setbacks Along Harmony Road and I-25  Landscaping for River Valley Character  Trail Connections  Commercial Sign Limitations BOARD / COMMISSION RECOMMENDATION Planning and Zoning Board At its February 20, 2020 hearing, the Planning and Zoning Board approved a motion (4-2, Haefele and Schneider opposed) that City Council adopt the amendments to the Harmony Corridor Plan and Harmony Corridor Standards and Guidelines with the conditions that the City of Fort Collins participate with the private landowners in the creation, management, and maintenance of the 40% natural area created within a Development Plan, of which up to 20% of the natural area requirement could be satisfied by cultural amenities. City participation would include purchasing or contributing in other financial matters and maintaining the area in perpetuity for the public enjoyment. Further, the Board found that the Harmony Corridor Plan is in need of the proposed amendments and the proposed amendments will promote the public welfare and will be consistent with the vision, goals, principals, and policies of City Plan and the elements thereof. The February 20 Planning and Zoning Board minutes will be provided to Council in the read-before packet on March 3. Other Boards and Commissions At the direction of City Council, the Natural Resources Advisory Board, Land Conservation and Stewardship Board, Water Board, Transportation Advisory Board and Economic Advisory Commission held public hearings on the proposed Harmony Corridor Plan Amendment and Standards and Guidelines and made recommendations to City Council. All five of these advisory bodies unanimously recommended adoption of the amendments and supported the change in the revised ratio of land uses permitted, and which would result in a greater mixture of uses within the Harmony Gateway Area. Most of the Boards also raised concerns about the potential for higher water use given the increased landscaped setbacks along Harmony Road and I-25 and the 40% naturalistic landscaped area requirement. To address concerns about water use, one of the key design guidelines expressing support for xeric landscape principles and limiting more lush plantings to high-use areas was changed to a mandatory design standard. There was also a suggestion from the Water Board that setbacks along Harmony Road could be reduced should a regional trail corridor be constructed within the Gateway Area. PUBLIC OUTREACH 9.1 Packet Pg. 161 Attachment: First Reading Agenda Item Summary, March 3, 2020 (w/o attachments) (9123 : SR 044 Harmony Gateway Plan) Agenda Item 8 Item # 8 Page 9 A. COMMUNITY MEETINGS Four public events have been held this past year to review the status of the Gateway Plan Update. These events included: This workshop provided an assessment of relevant Harmony Corridor Plan policies and Land Use Code standards, and opportunities and constraints that began the discussion of issues facing the area. The inventory covered topics such as:  Land use summary of existing Structure Plan and Harmony Corridor Plan land use designations, Harmony Corridor zone district use standards, and recommendations from the City Plan Update draft.  Natural Resources identifying natural features and conditions such as Poudre River floodplain/floodway, riparian and wetland areas, natural habitat and physical features.  Transportation System including existing and future access and circulation within the Harmony Gateway; and  Appearance and Design summary of existing Land Use Code and Harmony Corridor Standards and Guidelines requirements and previous viewshed analyses. Workshop 2 (January 30, 2019) Concepts and Vision The staff team prepared initial concepts based on public and stakeholder input from the Public Workshop 1, analyzed pros and cons, and worked with citizens in a second hands-on workshop setting to identify additional concepts, and-finally-define a preferred direction for amending the Harmony Corridor Plan. Several tools were used, including GIS mapping and hand drawn sketches, that illustrate the various design and land use options. A consultant illustrator was on-hand to allow participants to “draw” their ideas. Open House (February 27, 2019) Refining the Vision Maps and illustrations were refined, along with initial draft Chapter 5 Harmony Gateway text describing the direction provided in the first two workshops. I-25 Gateways Workshop (October 21, 2019) Land Use Scenarios Four Land Use Scenarios were developed by staff that depict potential alternative patterns for vacant or redevelopable land within the Gateway Area. Small group discussions were held that captured preferences for the proposed scenarios and suggest alternative scenarios or changes to the four scenarios evaluated. The four alternative future land use scenarios were distinguished primarily by differences in density/intensity of development, mix of uses, and amount of open and undeveloped areas, as summarized below. Scenario A: Base-case (current BINREAC (Basic Industrial and Non-Residential Activity Center) Harmony Corridor Plan land use designation)   Mitigate floodplain impacts  Reflect continuation of the current Harmony Corridor Plan policies and HC zone district standards  Assumes at least 75% primary employment/industrial uses, with a maximum of 25% secondary (commercial/retail, housing, public) uses  6 story non-residential and 3 story residential building height limit  80-foot wide landscaped setback along Harmony Road and I-25  Habitat buffer surrounding heron rookery Scenario B: Increased Commercial and Housing with Big Box   Mitigate floodplain impacts 9.1 Packet Pg. 162 Attachment: First Reading Agenda Item Summary, March 3, 2020 (w/o attachments) (9123 : SR 044 Harmony Gateway Plan) Agenda Item 8 Item # 8 Page 10  Assumes a mixed-use employment district, with a greater retail and commercial (max 50%) and residential (min 25%) with a minimum of 20% primary employment/industrial uses  Provides limited big box retail (max cumulative 250,000 sq. ft.)  Civic/community facilities are viewed independently and are not subject to the use proportions  Allows potential for drive-through restaurants if screened and in areas subordinate to pedestrian spaces and focal points  Average 140-190-foot-wide “naturalistic” landscaped setbacks along Harmony Rd. and I-25  6 story non-residential and 3 story residential building height limit  Regional trail corridor  Habitat buffer surrounding heron rookery Scenario C: Increased Commercial and Housing without Big Box   Same as Scenario B, but big box and drive through restaurants are prohibited Scenario D: Reduced Intensity   Mitigate floodplain impacts  Mix of concentrated uses with required open space to reduce development ‘footprint’ of buildings and parking areas  “Naturalistic” Open land areas constitute at least 40% of the area south of Harmony, between I-25 and Strauss Cabin Road.  Assumes a mixed-use employment district, with a greater retail and commercial (max 50%) and residential (min 25%) with a minimum of 20% primary employment/industrial uses  Average 140-190-foot-wide “naturalistic” landscaped setback along Harmony Road.  Maximum height of 5 stories for commercial/retail and 3 for residential  Regional trail corridor located further from I-25  Habitat buffer surrounding heron rookery All of the scenarios reflect the removal of two of the three remaining open, unlined water ponds fed by groundwater. The ponds were created through the extraction of gravel which illegally exposed the groundwater. Under Colorado law, storing water in a pond requires a storage right unless the pond is included in a plan for augmentation or substitute water supply plan. The remaining pond area with legal rights for storage is located in the southeast corner of the ‘Gateway’, adjacent to which is a great blue heron nest site in a large Eastern Cottonwood tree near the southeast corner of the pond. City Council Work Session May 15, 2019 At its Work Session, City Council directed staff to incorporate the following additional comments into the public process and future drafts of the Harmony Corridor Plan Update for the ‘Gateway Area’:  Land Use Intensity: Staff was requested to further explore alternative land use and development pattern scenarios with lesser intensity. Each of the alternatives should consider impacts to transportation and natural features. The majority of Council expressed pursuit of a ‘middle pathway’ that would make the Gateway Area more inviting, but not too developed. Some members suggested that the proposed DRAFT changes were tantamount to an up-zoning.  Design Character: While there was acknowledgement that proposed design standards include naturalistic elements based on the Poudre River valley character, it was suggested by some members that the design parameters do not fully take into account the existing open character of the area and that Natural Areas and Nature in the City concepts could be incorporated more clearly. Some elements of the design standards, particularly the I-25 and Harmony landscaped edges, regional trail, and sign limits, were viewed positively.  Review Process: General support was expressed for the Gateway Plan Update community engagement process used to date. It was suggested that more time and public discussion is needed to examine 9.1 Packet Pg. 163 Attachment: First Reading Agenda Item Summary, March 3, 2020 (w/o attachments) (9123 : SR 044 Harmony Gateway Plan) Agenda Item 8 Item # 8 Page 11 alternative scenarios, vet the ideas, and to receive comments from the Transportation Advisory Board and the Land Conservation and Stewardship Board. City Council Work Session October 22, 2019 At the October 22nd Council Work Session, staff presented the four alternative land use scenarios that were the result of a four-month public process, including work sessions with six boards and commissions and a community workshop. Council Comments and General Direction The Council generally indicated support for Scenario D, and the concept of additional mixed-use within the Gateway, with further investigation of specific elements of a stakeholder-initiated alternative scenario. Elements within the revised Standards and Guidelines were requested to include:  Potential for limitation of residential uses: Staff is being requested to further investigate potential for reducing residential uses within the floodplain and due to air quality impacts. Staff will provide research to the Council on both topics when the item comes back for consideration.  Design Character: Council reiterated its support for the revised design standards shared at the May Work Session. Staff has been asked to consider a requirement to ‘upsize’ trees as a way to support wildlife. One member expressed concern about the lack of visibility to commercial uses given the dense landscaping proposed along I-25 and Harmony.  Cultural Recreational Uses: Staff was asked for measures to further incorporate cultural and recreational uses within the Gateway through development standards or incentives. B. PUBLIC COMMENTS: A series of comments were collected during the course of the community engagement process that can be summarized under the following major topics:  Expansion of the Gateway Boundary ½ mile further to the South Earlier versions of the Harmony Gateway Amendment expanded the current Gateway Area boundary one half mile further to the south, bringing the south boundary to Kechter Road and including land zoned Rural Lands (RL). Objections were received about the appropriateness of expanding the gateway. Based on citizen concerns, the expanded area was removed from consideration so that the Gateway Area boundary remains unchanged from the 1991 delineation.  Update to the Harmony Corridor Plan Unnecessary There has been a general perspective expressed that the Harmony Corridor Plan does not need to be updated and that existing standards reflect present community values. Some citizens contend that the area south of Harmony Road should remain in an undeveloped state, including existing wetlands, ponds and the floodway/floodplain boundary configuration.  Changes do not Support Community Separation Development South of Harmony Road will not support the Community Separator Concept or provide adequate protection of the Poudre River as a resource.  Lack of Support Toward Greater Retail and Residential Uses A shift toward greater retail and residential uses South of Harmony Road is inappropriate in that the area is within a flood plain and development will negatively impact natural habitat and features.  Heron Rookery Development could have a negative impact on the Heron Rookery located roughly in alignment with Rock Creek Drive. 9.1 Packet Pg. 164 Attachment: First Reading Agenda Item Summary, March 3, 2020 (w/o attachments) (9123 : SR 044 Harmony Gateway Plan) Agenda Item 8 Item # 8 Page 12  Mandate for Cultural Uses Some stakeholders expressed an interest in mandating that 20% of the land area south of Harmony Road include a cultural use.  Building footprint limitations Some concern has been expressed about allowing large retail establishments (20,000 - 50,000 sq. ft.) in floor area despite the prohibition of “big box” retail uses (50,000 sq. ft. or greater). Scenarios Feedback Of the four Scenarios presented at the community workshop and with several Advisory Boards and Commission, support for Scenario D was most prominent. An alternative scenario was presented by a group of stakeholders that suggested a further lessening of development intensity than that suggested under Scenario D. ATTACHMENTS 1. Revised Harmony Corridor Plan Chapter 3 (highlighted to show changes) (PDF) 2. I-25 Gateways Workshop Summary, October 21, 2019 (PDF) 3. Community Comments (PDF) 4. Correspondence (PDF) 5. Alternative Harmony Corridor Plan-Stakeholders Proposal (PDF) 6. Work Session Summaries, May 14 and October 22, 2019 (PDF) 7. Powerpoint presentation (PDF) 9.1 Packet Pg. 165 Attachment: First Reading Agenda Item Summary, March 3, 2020 (w/o attachments) (9123 : SR 044 Harmony Gateway Plan) 20483366.10 Carolynne C. White Attorney at Law 303.223.1197 tel 303.223.0997 fax cwhite@bhfs.com 410 Seventeenth Street, Suite 2200 Denver, CO 80202-4432 main 303.223.1100 bhfs.com Brownstein Hyatt Farber Schreck, LLP April 7, 2020 VIA ELECTRONIC MAIL AND REGULAR MAIL City Council, City of Fort Collins Wade Troxell, Mayor 300 LaPorte Avenue Fort Collins, CO 80521 RE: April 7, 2020 City Council Second Reading, Harmony Corridor Plan Amendment for the Gateway Area (the “Amendment”) – Opposition to the 40% open space requirement (the “Open Space Requirement” or “Requirement”) Dear Mayor Troxell and City Council Members: This letter is sent on behalf of our client, Harmony-McMurray, LLC (“Harmony”), the owner or contract purchaser of substantially all of the privately-held property (the “Property”) within the proposed Harmony Corridor Gateway area (the “Area”). First, as we have commented previously, we note that Harmony fundamentally agrees with the City’s underlying purpose in considering the Amendment; the requirement for 75% employment uses in the current Plan and zoning are obsolete and not in keeping with market demands. However, Harmony must oppose the Open Space and Landscape Setback Requirements (the “Requirements”) in the form approved by the Council at its March 3, 2020 meeting (“First Reading”), given that the Requirements would render valueless Harmony’s investment in the Property and preclude economic development of the Property. Harmony believe that more reasonable requirements would achieve the Council’s goal of highlighting a natural appearance for the Area, while also allowing an economic use of the Property. If the City adopts the Amendment without modifying the Requirements, the City will have left Harmony no choice but to pursue its legal options to protect its property rights. As you know, the City has considered acquiring the Property for many years. This fact is not disputed and is acknowledged in multiple City-prepared summaries, presentations, and memos. Notably, page 3 of the Staff memo to City Council for First Reading reiterates that City Staff considered the opportunity to purchase the Property but declined due to the “costs and liabilities of mining permit closeout, water augmentation and site restoration.” Within the past 90 days, Harmony again proposed to the City that the City consider purchasing or accepting a donation of all or a portion of the Property to be slated as natural area, which the City again declined. But the City, having determined not to purchase the Property, now seeks to accomplish the same ends through the Requirements, appropriating the Property for community open space, landscaping and separators without paying any compensation to the landowner. Harmony respectfully submits that this is an abuse of governmental power that the Council should resist. We also ask the Council to consider the significant investment and risk that Harmony will undertake to make the Property capable of sustaining a development that will contribute to the City’s tax and employment base. The Property is not pristine. As discussed in our February 28, 2020 letter to City ATTACHMENT 2 9.2 Packet Pg. 166 Attachment: Harmony-McMurray Letter to City Council (9123 : SR 044 Harmony Gateway Plan) Fort Collins City Council April 7, 2020 Page 2 2 20483366.10 Council and at First Reading, existing constraints already make the Property very difficult and expensive to develop. The Property was previously used to mine gravel, and several former gravel pits, now full of water, remain on the Property. The water presently filling these gravel pits cannot be maintained, and these gravel pits must be filled, at significant cost to Harmony, before the Property can be developed. Also, because the Property is located within a flood zone, Harmony must design and construct a floodway channel before developing the Property, a lengthy and costly process that will require coordination with the City, FEMA, and CDOT. Finally, the Property overlies a high water table, which will further increase the costs of development. These existing constraints prevented the Property’s previous owner from developing the Property, despite considerable efforts. Recognizing the impact of these constraints on development, Harmony has spent significant time and resources in evaluating and designing thoughtful solutions to safely accommodate development on the Property. Imposition of the Requirements would render that work valueless. When added to the existing constraints on development of the Property, the imposition of the Requirements would be unfair and amount to an unconstitutional taking. This legal issue was properly recognized by several Council members during First Reading, who expressed concern that the Requirements would unfairly confiscate the Property to benefit the public, without compensation to the owner. These concerns are well founded. The Requirements would deprive Harmony of the use of approximately 55 acres to benefit the residents of the City, while at the same time imposing upon Harmony the obligation to pay to landscape and maintain this acreage. By forcing Harmony to devote approximately 55 acres to open space and “placing the entire burden of preserving the land as open space upon [Harmony],” the City is unlawfully taking Harmony’s Property. See Burrows v. City of Keene, 121 N.H. 590, 600–01(N.H. 1981). In Burrows, the court found that an amendment to a local zoning ordinance that placed a substantial portion of the plaintiff’s property into a conservation district resulted in a taking of the plaintiff’s property. Similarly, the Minnesota Supreme Court explained in Wensmann Realty, Inc. v. City of Eagan that the city’s refusal to amend its comprehensive plan to permit residential development of a golf course was an “extreme burden on one property owner while benefitting the public as a whole with open space for which the city did not pay.” 734 N.W.2d 623, 640 (Minn. 2007). Because the residents of the City will share the benefits provided by the Open Space Requirement while Harmony alone will bear the costs, the Requirements constitute an unconstitutional taking Harmony’s property rights. The Planning Board also recognized this issue, recommending that the City add a requirement that the City purchase the property or an easement, and contribute financially to the installation and maintenance of the required landscaping, if the Requirements were otherwise included unchanged. Harmony agrees with the Planning Board that if the City were to pay for its taking of private property, then the Requirements would not be unconstitutional. Even the City’s actions acknowledge the validity of Harmony’s objections. As initially proposed, the Amendment applied solely to the property south of Harmony Road – e.g., Harmony’s Property. When Harmony voiced concern about this apparent special legislation applying only to its property, the City recognized that it would be unlawful to burden only Harmony’s property with the Requirements. But rather than making the requirement less onerous, the City expanded the scope of the Amendment to apply to the entire Area, both north and south of Harmony Road. However, because all of the property within the Area north of Harmony Road is already in public ownership, this attempt to validate the Amendment is unavailing. Harmony remains the only private property owner unfairly burdened by the Requirements. As the Supreme Court has held, the takings clause of the United States Constitution prevents a government from requiring a single property owner alone to shoulder a public burden “which in all fairness and justice, should be borne by the public as a whole.” Armstrong v. United States, 364 U.S. 40 (1960). 9.2 Packet Pg. 167 Attachment: Harmony-McMurray Letter to City Council (9123 : SR 044 Harmony Gateway Plan) Fort Collins City Council April 7, 2020 Page 3 3 20483366.10 Governments may not thrust the expense of improving the public condition upon an individual. Burrows, 432 A.2d at 20. If the City wants the Property to be open space for the benefit of the public, then the City should purchase it and operate and maintain it as open space. We also maintain that the Requirements are an unlawful exaction. Although couched as a legislative action, in the form of a comprehensive plan amendment, the Requirements have all the hallmarks of an exaction whereby the City is conditioning development on Harmony’s dedication of land to a public purpose. The Requirements prevent Harmony from developing the Property without dedicating 40% of the Property to open space uses, a requirement not borne by any other private property owners under the Amendment, or elsewhere in the City. Section 2.13.11 of the City’s Land Use Code prevents the City from imposing an exaction upon Harmony without a reasonable nexus and rough proportionality. These requirements originate from two Supreme Court cases, commonly referred to as Nollan and Dolan, which so held. Here, the Requirements bear no nexus and are not proportional to any reasonably contemplated development of the Property allowed pursuant to the Code and the Amendment. The City’s is attempting to undertake a quasi-judicial, site- specific exaction, in the guise of a legislative action to amend a comprehensive plan. Not only would the Requirements unconstitutionally deprive Harmony of the Property, it ultimately would not advance the City’s objectives in adopting the Amendment because it would render development of the Property economically and commercially infeasible. This would result in exactly what the City is trying to avoid by adopting the Amendment – underdeveloped land that would not serve the public and the inability of the Property or developer to improve the Harmony Gateway in accordance with the Harmony Corridor Plan. Harmony’s representatives are longtime residents of the City who hope to develop the Property and the Harmony Gateway to be an aesthetically pleasing addition both to the Area and to the City. Instead of enabling Harmony to overcome the Property’s considerable constraints to develop a mixed use center that attracts desirable industries and businesses to the City, the Requirements would render the property valueless and incapable of development. Thank you for the opportunity to comment on the Amendment. We request that the City Council either adopt the Amendment with the Planning Board’s recommendation that compensation be provided, modify the Requirements to a reasonable percentage, or decline to adopt the Amendment as initially approved at First Reading. Sincerely, Carolynne C. White cc: Brad Yatabe, Deputy City Attorney Carrie Daggett, City Attorney 9.2 Packet Pg. 168 Attachment: Harmony-McMurray Letter to City Council (9123 : SR 044 Harmony Gateway Plan) HARMONY CORRIDOR Standards And Guidelines: DRAFT June 1, 2020 ATTACHMENT 3 9.3 Packet Pg. 169 Attachment: Harmony Gateway Standards and Guidelines (DRAFT- Redlined to show changes) (9123 : SR 044 Harmony Gateway Plan) 1 6/01/20 V. HARMONY GATEWAY AREA The Harmony Gateway Area is an exceptional location due to high values the community places on the Poudre River valley and the high public visibility of the entryway to the City. The intent for the Gateway Area is to capture the special opportunity to integrate a mixed-use employment activity center within a landscape that expresses community values for environmental features and the larger corridor of open and rural lands edge of the City along the river corridor and Fossil Creek Reservoir in southeast Fort Collins. Development shall be programmed and designed with an emphasis on landscape development to emphasize a sense of place derived from the river valley setting. These Standards and Guidelines are to ensure that as development and redevelopment occurs as part of the Gateway Area, it fulfills the vision described in Chapter 5 of the Harmony Corridor Plan for the area. (+) Denotes a development standard (o) Denotes a suggested guideline 9.3 Packet Pg. 170 Attachment: Harmony Gateway Standards and Guidelines (DRAFT- Redlined to show changes) (9123 : SR 044 Harmony Gateway Plan) 2 6/01/20 Design Standards and Guidelines 1. Naturalistic Landscape Development: River Valley Character and Image The intent is to create the effect of Harmony Road passing through a larger river valley landscape that spans across Harmony Road with buildings and parking lots carefully clustered and integrated unobtrusively within the landscape and not merely lining the major roadways with conventional landscaping around buildings and parking lots. Landscaped Setback Dimensions. A landscaped setback area for buildings and parking lots averaging 140 feet in depth for parking lots and 190 feet in depth for buildings shall be provided from the edge of vehicular travel lanes along Harmony Road and I-25. The landscaped setback area may include sidewalks and tree lawns. Minimum landscaped setback depth shall be 70 feet for parking lots and 95 feet for buildings. Installation of new landscaping into the setbacks required by this section is only required when development occurs adjacent to, or within 200 feet of the setback area. (+) Landscaped Setback Design. This landscaped setback area shall be comprised of a River Valley landscape design that includes groupings of native cottonwoods, willows, evergreens and other plant materials in conjunction with other native and xeric plantings appropriate to specific positions within the landscape plan and shall consist of one tree and ten shrubs per twenty-five lineal feet of frontage. (+) 2. Parking Lot Location and Screening. Locating large parking lots between buildings and the landscape setback areas along Harmony Road and I-25 is encouraged to consolidate vehicular impacts of both parking and traffic on the roadways away from the internal pedestrian-friendly public space framework. Installation of new landscaping into the setbacks for screening as required by this section is only required when development occurs adjacent to, or within 200 feet of either Harmony Road or I-25. (o) If such parking lots adjacent Harmony Road and I-25 are not fully screened by berms, planting or existing conditions in the landscape setback area, additional screening shall be provided with the following: o At least 30 additional shrubs per one hundred lineal feet of frontage, or o At least 8 additional trees per one hundred lineal feet of frontage, or o An alternative combination of trees and shrubs approved by staff as providing equal or better screening than the above; or o Fences or site walls that replace the need for screening that such landscape plantings would provide. (+) Off-street parking shall be consolidated into shared parking lots wherever appropriate in order to avoid interrupting pedestrian frontages in the public space framework. (+) 9.3 Packet Pg. 171 Attachment: Harmony Gateway Standards and Guidelines (DRAFT- Redlined to show changes) (9123 : SR 044 Harmony Gateway Plan) 3 6/01/20 3. Service and Loading Areas. If any truck operations for servicing and loading are not fully screened from Harmony Road and I-25 by other means, they shall be fully screened by building massing or architectural wall. (+) 4. Potential Channelized Floodway. If the Poudre River floodway is channelized within the Harmony Road and I-25 setback area, the channel and adjacent upland areas shall be designed to complement and reinforce the overall naturalistic landscape with informal, undulating grading of landforms, to the maximum extent feasible and within engineering requirements, not rigidly-engineered geometric grading. (+) In the event of channelization, The programming and design of naturalistic river valley landscaping should be designed to provide consideration for maintenance activities such as irrigation, weed control, tree trimming, shrub and plant pruning, and replacement and reseeding, which consideration should be equal to the consideration given to design. (o) 5. Incorporation of Water into Landscaped Setback. Drainage channels and/or wetlands are strongly encouraged in landscaped areas along Harmony Road and I-25 to further reinforce the distinct landscape setting. (o) 6. Landscaping Development: River Valley Character and Image. Landscaping shall be developed to express xeriscape principles and characteristics consistent with Section 3.2.1 (E)(3) and include plants native to the River Valley landscape. More lush plantings that requiring significant watering, such as flower beds and lawns, shall be limited to appropriate high-use areas. (+) 7. Mixed-Use Employment Activity Center Within the Landscape Setting – A. Public Space Framework Development of streets, buildings, parking lots and other site improvements will be arranged to form a unified mixed-use employment activity center. Within this center shall be a framework of streets and public spaces that provide for an attractive, cohesive and walkable area that reflects the unique site context. A Framework of Streets. Street-like private drives, walkway spines and a trail corridor shall be established to form sites for buildings and parking lots with the emphasis on forming a distinct overall sense of place into which buildings and parking lots fit. (+) On-Street Parking. On-street parking should be maximized on streets scaled and designed to reinforce the distinct pedestrian orientation of the Gateway Area. (o) Trail Corridor. Development shall provide an area for a trail corridor, which may be located within and will be counted towards the area for landscape setbacks. The trail corridor should also create linkage with the Fossil Creek and 9.3 Packet Pg. 172 Attachment: Harmony Gateway Standards and Guidelines (DRAFT- Redlined to show changes) (9123 : SR 044 Harmony Gateway Plan) 4 6/01/20 Poudre River Trails to the south and north of the Gateway Area respectively. Alignment and design shall be determined in collaboration with the City (+) and maximize the user experience. (o) Bus Transit. Accommodation should be provided for bus stops and routes linking the mixed-use employment center to transit service on Harmony Road. Final transit stops and route configuration is subject to the review and approval of TransFort. (o) B. Permitted Uses All individual uses permitted in the Harmony Corridor (HC) Zone District shall be permitted in the Gateway Area subject to the following minimum and maximum Secondary Use limitations. (+) The use percentages shall be measured using gross site area on land located within the Gateway Area as set forth in any approved development plan. The following use limitations and requirements shall be referred to collectively as the “Land Use Limitation.” Retail/Commercial Limitation. Retail and commercial uses shall not exceed 50% of development. (+) Minimum Employment Use Requirement. Office, light industrial, and non- retail employment uses shall occupy at least 25% of development. (+) Minimum Residential Use Requirement. Residential uses shall occupy at least 25% of development. (+) Minimum Naturalistic Landscaped Area Requirement. Coverage of streets, buildings, and parking lots is limited to 60% of the site area. The remaining 40% shall be retained as an open, landscaped area in the current, undeveloped state of the land, or may be improved with naturalistic plantings. The following areas shall be counted in fulfillment of the minimum 40% requirement: o Landscaped setbacks from I-25 and Harmony Road o Designated floodways and flood plains o Delineated natural habitat or features o Stormwater detention areas o Trail Corridor o Other natural or landscaped areas with minimum dimensions of 10,000 square feet and 30-foot width at any location. (+) Civic Uses Effect on Calculations. Civic uses such as parks and recreation space, cultural facilities, community facilities, a trail corridor, and other public uses are not subject to the Harmony Corridor land use limitations. Such uses, if developed, 9.3 Packet Pg. 173 Attachment: Harmony Gateway Standards and Guidelines (DRAFT- Redlined to show changes) (9123 : SR 044 Harmony Gateway Plan) 5 6/01/20 may be applied toward the minimum employment or residential use requirements at the election of the Applicant. (+) Additional uses shall be permitted: Artisan and photography studios and galleries; Limited and Unlimited indoor and outdoor recreation facilities; Dog day-care facilities; Grocery stores; Supermarkets; Exhibit halls; Funeral homes; Parking lots and garages; Small scale reception centers; Large Retail Establishments subject to individual and collective size limitations set forth below; Gasoline stations; Entertainment facilities and theaters; Day Shelters; and open air farmers’ markets. (+) Large Retail Establishment Size Limitations. No individual Large Retail Establishment may exceed 100,000 square foot footprint. (+) Total floor area of large retail establishments (more than 25,000 square feet) in the gateway area shall not exceed 250,000 square feet. (+) Large retail establishment shall mean a retail establishment in a single building occupying more than twenty-five thousand (25,000) gross square feet of floor area. Movie Theaters, recreational, entertainment and indoor recreational uses, and similar shall not be classified as large retail establishments and shall not count towards this limitation. (+) Large Retail Establishment Exceptions. In instances where a large retail establishment (more than 25,000 SF) is developed as part of a vertical mixed-use building, it shall not count towards the Large Retail Establishment Floor Area Limitations. (+) Mixed Use Dwellings. Mixed use dwellings are encouraged to add vitality and charm to the sense of place, add interest to the buildings, and reveal and capitalize on specialized residential products uncommon in suburban markets. (o) C. Buildings Building Grouping and Orientation – Public Space Framework. Buildings and their entrances should be brought together along the overall public space framework. Each building should contribute to and reinforce the overall goal of creating a walkable destination with a primary orientation to the overall framework and other buildings nearby, and orientation to individual parking lots secondary. (o) Buildings should offer attractive pedestrian-scale features and outdoor spaces to complement the streetscape. (o) 9.3 Packet Pg. 174 Attachment: Harmony Gateway Standards and Guidelines (DRAFT- Redlined to show changes) (9123 : SR 044 Harmony Gateway Plan) 6 6/01/20 Maximum Height. 5 stories for commercial and mixed-use buildings and 3 stories for residential buildings, with an exception provided for 6 story mixed- used buildings if structured parking is integrated into the mixed-use building. (+) Building Character. The architectural program for the Gateway Area shall emphasize high-quality building materials providing visual interest for pedestrians and that complement the colors and textures of the Poudre River Corridor (e.g., natural or cultured stone, brick, textured concrete masonry units with architectural finishes, stucco, high quality precast and prestressed architectural concrete, architectural metals, glass, timbers); and architectural lighting. (+) D. Signs Commercial Signs. Signs should be designed and oriented to reduce visual clutter along I-25 and Harmony Road. (o) Wall signs should be designed as an integral element of the architecture, with the sign shape and materials complementing the architectural style and features. (o) Internally illuminated signs should not create glare that would distract motorists or pedestrians, nor should the degree of illumination contribute to night sky light pollution. (o) Two types of signs are prohibited within the Harmony Gateway: 1. Off-premise advertising (billboards); and 2. Electronic Message Center (EMC) signs (+) 9.3 Packet Pg. 175 Attachment: Harmony Gateway Standards and Guidelines (DRAFT- Redlined to show changes) (9123 : SR 044 Harmony Gateway Plan) 1 Harmony Corridor Plan Amendment and Standards and Guidelines Cameron Gloss, Long-Range Planning Manager City Council 6-16-20 ATTACHMENT 4 9.4 Packet Pg. 176 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) Harmony Corridor History 2 9.4 Packet Pg. 177 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) Harmony ‘Gateway’ Boundary 3 1 Mile 1/2 Mile 9.4 Packet Pg. 178 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) 4 North Community Separator Study (2003) 9.4 Packet Pg. 179 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) 5 Eagle View Natural Area Fossil Creek Reservoir Regional Open Space North 2255 Harmony Road Timnath WalMart Costco Fossil Creek Reservoir Natural Area Arapaho Bend Natural Area 9.4 Packet Pg. 180 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) 6 Looking north from southwest corner of the ‘gateway’ The Wyatt 9.4 Packet Pg. 181 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) 7 Floodway (Dark Blue) Floodplain (Light Blue) North 9.4 Packet Pg. 182 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) 8 Arapaho Bend Ponds Stute Pit Pond Weitzel Pit Ponds 9.4 Packet Pg. 183 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) 9 Weitzel Pit Ponds 9.4 Packet Pg. 184 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) Harmony Gateway Plan- 3 Elements 10 1.Standards (Mandatory) and Guidelines (Suggested) – Implementation 2.Chapter 5 – Gateway ‘vision’ 2.Chapter 3 – Land Use – Harmony Corridor Policy direction for the entire corridor 9.4 Packet Pg. 185 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) 11 Land Use Designation: 75% ‘Primary’ Land Use Designation: 75% ‘Primary’ 9.4 Packet Pg. 186 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) 12 25% Secondary Retail, Residential, other Non-Primary Employment 25% Secondary Retail, Residential, other Non-Primary Employment 9.4 Packet Pg. 187 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) 2019 Community Engagement Workshop 1 – Establishing the Starting Point - Jan 15 Workshop 2 – Concepts and Vision - Jan 30 Open House – Refining the Vision – Feb 27 I-25 Gateways Workshop – Scenarios Evaluation – October 21 13 9.4 Packet Pg. 188 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) Heron Rookery 14 9.4 Packet Pg. 189 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) 15 D – Reduced Intensity • 20% Employment minimum • 50% Commercial maximum • 25% Residential minimum • 1 story lower height for Commercial/mixed-use 1. Transportation 16k ADT 2. Open Areas 57 ac/40% naturalistic landscape 3. Placemaking Greater Opportunities 9.4 Packet Pg. 190 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) Land Use Recommendations 16 1.Change Mix of Uses From 75% primary and 25% secondary to: • <50% retail/commercial • >25% employment • >25% residential *civic & cultural uses are exempt from limitations 9.4 Packet Pg. 191 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) Land Use Recommendations 17 2. No Drive-through Restaurants No ‘Big Box’ retail (>100,000 sq. ft.) 250,000 sq. ft. of all large retail (>25,000 sq.ft.) combined 9.4 Packet Pg. 192 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) 10 Design Elements: 1. Naturalistic River Valley Landscape 2. Landscaped Setbacks Along Harmony and I-25 3. Unified Harmony Road Gateway Streetscape 4. Fort Collins Entryway Signs 5. Habitat Protection and Mitigation 6. Regional Trail Corridor 7. Mobility Hub 8. Commercial Sign Limits 9. Stealth Wireless Facilities 10. Unique Land Use and Development Standards 9.4 Packet Pg. 193 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) Elements of Naturalist Landscaped Area: 40% of South Portion • Landscaped setbacks from I-25 and Harmony Road • Designated floodways • Delineated natural habitat or features • Stormwater detention areas • Other landscaped areas with minimum dimensions of 10,000 square feet and 30-foot width at any location. • Measured on an approved Development Plan 9.4 Packet Pg. 194 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) 20 Hewlett Packard/Broadcom Campus Comparison = 44% Open Space 9.4 Packet Pg. 195 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) 21 Naturalistic landscape – belts of Cottonwoods, willows, native plants 9.4 Packet Pg. 196 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) Naturalist Landscaped Setbacks along I-25 & Harmony • Setback depth – 140 feet (parking lots) -190 feet (buildings) average from edge of roadway • Building Setback – 95 feet minimum • Screened Parking Setback – 70 feet minimum 9.4 Packet Pg. 197 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) 90+ feet to the Building 9.4 Packet Pg. 198 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) 140+ feet to the Building 9.4 Packet Pg. 199 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) Naturalistic landscaping and grading for noise and visual control for Gateway Area appearance Buildings clustered internally to form a walkable Place within the area 4 Framed views of buildings Naturalistic Landscape/Landscape Setbacks I-25 and Harmony Hidden Parking Lots 9.4 Packet Pg. 200 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) Redevelop gas station to complement a new sense of place. Possibly relocate closer to Park-n-Ride corner Streetscape: landscaped median Wide naturalistic Landscape ~ 140’ to screened parking 190’ to buildings (buildings face internal pedestrian streets) ~ average 190’ Highlight this main signalized crossing with new street name, medians, building uses on s. side with closer setbacks to invite pedestrians crossing 9.4 Packet Pg. 201 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) Trail corridor south of Harmony connecting Poudre and Fossil Creek trails Establish and maintain naturalistic landscaping Buildings oriented internally and Juxtaposed with naturalistic landscape setting Regional Trail Corridor 9.4 Packet Pg. 202 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) Board and Commission Recommendations Economic Advisory Commission, Water Board, Land Conservation and Stewardship Board, Natural Resources Advisory Board and Transportation Board -Unanimous recommendations of approval -Additional requirements for water-conserving landscaping Planning and Zoning Board (4 -2) Approval with the condition that the City participates with the private landowners in creation, management and maintenance of 40% natural area created within the ODP. City participation would include purchasing or contributing in other financial matters in maintaining in perpetuity for the public enjoyment. 9.4 Packet Pg. 203 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) Staff Recommendation Approval to amend the Harmony Corridor Plan, an Element of City Plan and adopt Standards and Guidelines pertaining to the ‘Gateway Area’, finding that they: 1. Provide a design strategy that supports preservation of the Poudre River Valley landscape and creation of an attractive entry into Fort Collins; 2. Reflect 29 years of additional work, changed conditions, and new information; and 3. Reflect the City Plan Update (2019) regarding compact, mixed-use pedestrian-oriented development responsive to the needs of employers and the need to improve the linkage between land use and transportation. 9.4 Packet Pg. 204 Attachment: Powerpoint Presentation (9123 : SR 044 Harmony Gateway Plan) -1- ORDINANCE NO. 044, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS UPDATING THE HARMONY CORRIDOR PLAN FOR THE HARMONY GATEWAY AREA AND THE HARMONY CORRIDOR STANDARDS AND GUIDELINES WHEREAS, City Council originally adopted the Harmony Corridor Plan (“Plan”) in 1991, Resolution 1991-042, as an element of the City’s comprehensive plan, now known as City Plan; and WHEREAS, City Council also adopted in 1991, the Harmony Corridor Design Standards and Guidelines (“Standards and Guidelines”) by means of Ordinance No. 028, 1991, to further the policies set forth in the Plan by means of binding development standards and advisory guidelines; and WHEREAS, Chapter 5 of the Plan, titled Alternative Gateway Concepts, discusses implementation actions that should be taken to continue planning efforts specific to the Harmony gateway area (“Gateway”) located on the north and south sides of Harmony Road west of the intersection of Harmony Road and Interstate 25 and more particularly depicted in the Plan; and WHEREAS, in furtherance of planning efforts for the Gateway as stated in the Plan, City staff is proposing amendments to Chapters 3 and 5 of the Plan and to add a new section, Section V. Harmony Gateway Area, to the Standards and Guidelines and has initiated the amendment process; and WHEREAS, because the Gateway serves as an entryway into the City, it is a uniquely important area in terms of its beneficial effect on civic pride, economic prosperity, and the health, safety, and welfare of the City; and WHEREAS, on February 20, 2020, the Planning and Zoning Board on a 4-2 vote recommended that Council approve the staff proposed changes conditional upon the City participation with private landowners in the creation, management, and maintenance of the required 40% natural area requirement within the ODP, of which up to 20% of the natural area requirement could be satisfied by cultural amenities, with City participation to include purchasing or contributing in other financial matters and maintaining such areas or amenities in perpetuity for the public enjoyment; and WHEREAS, City Council finds that the amendments to the Plan and the Standards and Guidelines are in the best interest of the City and its citizens and promote the general public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Packet Pg. 205 -2- Section 2. That the City Council finds that the Plan is in need of the proposed amendments in order to appropriately regulate and allow development within the Gateway while preserving its important role as an entry way into the City. Section 3. That the City Council finds that the proposed amendment will promote the public welfare and will be consistent with the visions, goals, principles, and policies of City Plan and the elements thereof. Section 4. That the City Council finds that the proposed Standards and Guidelines contained in Section V, as set forth in Exhibit “A” attached hereto and incorporated herein, are necessary to carry out the policies contained in the Plan and are hereby incorporated into the Standards and Guidelines, and upon adoption, shall be binding upon development as though set forth in the Land Use Code. Section 5. That the amendments to Plan Chapter 3 as set forth in Exhibit “B” attached hereto and incorporated herein be incorporated into the Plan. Section 6. That the amendments to Plan Chapter 5 as set forth in Exhibit “C” attached hereto and incorporated herein be incorporated into the Plan. Introduced, considered favorably on first reading, and ordered published this 3rd day of March, A.D. 2020, and to be presented for final passage on the 16th day of June, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of June, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 206 6/01/20 HARMONY CORRIDOR Standards And Guidelines: V. HARMONY GATEWAY AREA EXHIBIT A 1 Packet Pg. 207 Attachment: Exhibit A (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) 1 6/01/20 The Harmony Gateway Area is an exceptional location due to high values the community places on the Poudre River valley and the high public visibility of the entryway to the City. The intent for the Gateway Area is to capture the special opportunity to integrate a mixed-use employment activity center within a landscape that expresses community values for environmental features and the larger corridor of open and rural lands edge of the City along the river corridor and Fossil Creek Reservoir in southeast Fort Collins. Development shall be programmed and designed with an emphasis on landscape development to emphasize a sense of place derived from the river valley setting. These Standards and Guidelines are to ensure that as development and redevelopment occurs as part of the Gateway Area, it fulfills the vision described in Chapter 5 of the Harmony Corridor Plan for the area. (+) Denotes a development standard (o) Denotes a suggested guideline Design Standards and Guidelines 1 Packet Pg. 208 Attachment: Exhibit A (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) 2 6/01/20 1. Naturalistic Landscape Development: River Valley Character and Image The intent is to create the effect of Harmony Road passing through a larger river valley landscape that spans across Harmony Road with buildings and parking lots carefully clustered and integrated unobtrusively within the landscape and not merely lining the major roadways with conventional landscaping around buildings and parking lots. Landscaped Setback Dimensions. A landscaped setback area for buildings and parking lots averaging 140 feet in depth for parking lots and 190 feet in depth for buildings shall be provided from the edge of vehicular travel lanes along Harmony Road and I-25. The landscaped setback area may include sidewalks and tree lawns. Minimum landscaped setback depth shall be 70 feet for parking lots and 95 feet for buildings. Installation of new landscaping into the setbacks required by this section is only required when development occurs adjacent to, or within 200 feet of the setback area. (+) Landscaped Setback Design. This landscaped setback area shall be comprised of a River Valley landscape design that includes groupings of native cottonwoods, willows, evergreens and other plant materials in conjunction with other native and xeric plantings appropriate to specific positions within the landscape plan and shall consist of one tree and ten shrubs per twenty-five lineal feet of frontage. (+) 2. Parking Lot Location and Screening. Locating large parking lots between buildings and the landscape setback areas along Harmony Road and I-25 is encouraged to consolidate vehicular impacts of both parking and traffic on the roadways away from the internal pedestrian-friendly public space framework. Installation of new landscaping into the setbacks for screening as required by this section is only required when development occurs adjacent to, or within 200 feet of either Harmony Road or I-25. (o) If such parking lots adjacent Harmony Road and I-25 are not fully screened by berms, planting or existing conditions in the landscape setback area, additional screening shall be provided with the following: o At least 30 additional shrubs per one hundred lineal feet of frontage, or o At least 8 additional trees per one hundred lineal feet of frontage, or o An alternative combination of trees and shrubs approved by staff as providing equal or better screening than the above; or o Fences or site walls that replace the need for screening that such landscape plantings would provide. (+) Off-street parking shall be consolidated into shared parking lots wherever appropriate in order to avoid interrupting pedestrian frontages in the public space framework. (+) 1 Packet Pg. 209 Attachment: Exhibit A (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) 3 6/01/20 3. Service and Loading Areas. If any truck operations for servicing and loading are not fully screened from Harmony Road and I-25 by other means, they shall be fully screened by building massing or architectural wall. (+) 4. Potential Channelized Floodway. If the Poudre River floodway is channelized within the Harmony Road and I-25 setback area, the channel and adjacent upland areas shall be designed to complement and reinforce the overall naturalistic landscape with informal, undulating grading of landforms, to the maximum extent feasible and within engineering requirements, not rigidly-engineered geometric grading. (+) In the event of channelization, programming and design of naturalistic river valley landscaping should be designed to provide consideration for maintenance activities such as irrigation, weed control, tree trimming, shrub and plant pruning, and replacement and reseeding, which consideration should be equal to the consideration given to design. (o) 5. Incorporation of Water into Landscaped Setback. Drainage channels and/or wetlands are strongly encouraged in landscaped areas along Harmony Road and I-25 to further reinforce the distinct landscape setting. (o) 6. Landscaping Development: River Valley Character and Image. Landscaping shall be developed to express xeriscape principles and characteristics consistent with Section 3.2.1 (E)(3) and include plants native to the River Valley landscape. More lush plantings that requiring significant watering, such as flower beds and lawns, shall be limited to appropriate high-use areas. (+) 7. Mixed-Use Employment Activity Center Within the Landscape Setting – A. Public Space Framework Development of streets, buildings, parking lots and other site improvements will be arranged to form a unified mixed-use employment activity center. Within this center shall be a framework of streets and public spaces that provide for an attractive, cohesive and walkable area that reflects the unique site context. A Framework of Streets. Street-like private drives, walkway spines and a trail corridor shall be established to form sites for buildings and parking lots with the emphasis on forming a distinct overall sense of place into which buildings and parking lots fit. (+) On-Street Parking. On-street parking should be maximized on streets scaled and designed to reinforce the distinct pedestrian orientation of the Gateway Area. (o) Trail Corridor. Development shall provide an area for a trail corridor, which may be located within and will be counted towards the area for landscape setbacks. The trail corridor should also create linkage with the Fossil Creek and Poudre River Trails to the south and north of the Gateway Area respectively. 1 Packet Pg. 210 Attachment: Exhibit A (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) 4 6/01/20 Alignment and design shall be determined in collaboration with the City (+) and maximize the user experience. (o) Bus Transit. Accommodation should be provided for bus stops and routes linking the mixed-use employment center to transit service on Harmony Road. Final transit stops and route configuration is subject to the review and approval of TransFort. (o) B. Permitted Uses All individual uses permitted in the Harmony Corridor (HC) Zone District shall be permitted in the Gateway Area subject to the following minimum and maximum Secondary Use limitations. (+) The use percentages shall be measured using gross site area on land located within the Gateway Area as set forth in any approved development plan. The following use limitations and requirements shall be referred to collectively as the “Land Use Limitation.” Retail/Commercial Limitation. Retail and commercial uses shall not exceed 50% of development. (+) Minimum Employment Use Requirement. Office, light industrial, and non- retail employment uses shall occupy at least 25% of development. (+) Minimum Residential Use Requirement. Residential uses shall occupy at least 25% of development. (+) Minimum Naturalistic Landscaped Area Requirement. Coverage of streets, buildings, and parking lots is limited to 60% of the site area. The remaining 40% shall be retained as an open, landscaped area in the current, undeveloped state of the land, or may be improved with naturalistic plantings. The following areas shall be counted in fulfillment of the minimum 40% requirement: o Landscaped setbacks from I-25 and Harmony Road o Designated floodways and flood plains o Delineated natural habitat or features o Stormwater detention areas o Trail Corridor o Other natural or landscaped areas with minimum dimensions of 10,000 square feet and 30-foot width at any location. (+) Civic Uses Effect on Calculations. Civic uses such as parks and recreation space, cultural facilities, community facilities, a trail corridor, and other public uses are not subject to the Harmony Corridor land use limitations. Such uses, if developed, 1 Packet Pg. 211 Attachment: Exhibit A (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) 5 6/01/20 may be applied toward the minimum employment or residential use requirements at the election of the Applicant. (+) Additional uses shall be permitted: Artisan and photography studios and galleries; Limited and Unlimited indoor and outdoor recreation facilities; Dog day-care facilities; Grocery stores; Supermarkets; Exhibit halls; Funeral homes; Parking lots and garages; Small scale reception centers; Large Retail Establishments subject to individual and collective size limitations set forth below; Gasoline stations; Entertainment facilities and theaters; Day Shelters; and open air farmers’ markets. (+) Large Retail Establishment Size Limitations. No individual Large Retail Establishment may exceed 100,000 square foot footprint. (+) Total floor area of large retail establishments (more than 25,000 square feet) in the gateway area shall not exceed 250,000 square feet. (+) Large retail establishment shall mean a retail establishment in a single building occupying more than twenty-five thousand (25,000) gross square feet of floor area. Movie Theaters, recreational, entertainment and indoor recreational uses, and similar shall not be classified as large retail establishments and shall not count towards this limitation. (+) Large Retail Establishment Exceptions. In instances where a large retail establishment (more than 25,000 SF) is developed as part of a vertical mixed-use building, it shall not count towards the Large Retail Establishment Floor Area Limitations. (+) Mixed Use Dwellings. Mixed use dwellings are encouraged to add vitality and charm to the sense of place, add interest to the buildings, and reveal and capitalize on specialized residential products uncommon in suburban markets. (o) C. Buildings Building Grouping and Orientation – Public Space Framework. Buildings and their entrances should be brought together along the overall public space framework. Each building should contribute to and reinforce the overall goal of creating a walkable destination with a primary orientation to the overall framework and other buildings nearby, and orientation to individual parking lots secondary. (o) Buildings should offer attractive pedestrian-scale features and outdoor spaces to complement the streetscape. (o) 1 Packet Pg. 212 Attachment: Exhibit A (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) 6 6/01/20 Maximum Height. 5 stories for commercial and mixed-use buildings and 3 stories for residential buildings, with an exception provided for 6 story mixed- used buildings if structured parking is integrated into the mixed-use building. (+) Building Character. The architectural program for the Gateway Area shall emphasize high-quality building materials providing visual interest for pedestrians and that complement the colors and textures of the Poudre River Corridor (e.g., natural or cultured stone, brick, textured concrete masonry units with architectural finishes, stucco, high quality precast and prestressed architectural concrete, architectural metals, glass, timbers); and architectural lighting. (+) D. Signs Commercial Signs. Signs should be designed and oriented to reduce visual clutter along I-25 and Harmony Road. (o) Wall signs should be designed as an integral element of the architecture, with the sign shape and materials complementing the architectural style and features. (o) Internally illuminated signs should not create glare that would distract motorists or pedestrians, nor should the degree of illumination contribute to night sky light pollution. (o) Two types of signs are prohibited within the Harmony Gateway: 1. Off-premise advertising (billboards); and 2. Electronic Message Center (EMC) signs (+) 1 Packet Pg. 213 Attachment: Exhibit A (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) 3 LAND USE The final test of an economic system is not the tons of iron, the tanks of oil, or miles of textiles it produces. The final test lies in its ultimate products – the sort of men and women it nurtures and the order and beauty and sanity of their communities. LEWIS MUMFORD EXHIBIT "B" 2 Packet Pg. 214 Attachment: Exhibit B (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) INTRODUCTION The national image enjoyed by Fort Col- lins as an excellent place to live and do business is well deserved. Few cities in the nation have a more spectacular set- ting, a more qualified work force, or a more pleasing climate. The Harmony Corridor isa key opportunity to maintain and enhance the community’s positive image and quality of life. As the Harmony Corridor emerges as a focus of development activity in south- east Fort Collins, this is an opportune time to look at current development trends and determine what specific fu- ture land uses would be most desirable to complement other development in the area. ISSUES The issues surrounding future land use in the Harmony Corridor appear to fo- cus on the need to manage development to achieve a level of quality consistent with the economic, environmental, visual and other “quality of life” objectives of the community; while guiding the corri- dor to become a major business center in northern Colorado that attracts desir- able industries and businesses and, at the same time, provides effective transitions from residential neighborhoods. Another important issue is the concern that the Harmony Corridor should not develop as a typical commercial “strip” with frequent curb cuts, inadequate land- scaping, and highly fragmented develop- ment lacking coordinated site planning. Finally, the corridor offers unique oppor- tunities to attract desirable industries and uses that can provide long-term economic stability for the community. Fort Collins has the opportunity to choose which in- dustries are important for its future. These choices will set the direction for the community’s economy for the next forty years. In this regard, the issue ap- pears to focus on the need for more pre- dictability in guiding industries and busi- nesses choosing to locate in the corridor area. CURRENT LAND USE POLICIES AND REGULATIONS City Plan, the City’s COMPREHENSIVE PLAN, is the official statement of long-range planning policy regarding a broad variety of land use planning issues including growth management, 2 Packet Pg. 215 environmental protection, and locational policies for specific land use classifica- tions. The Harmony Corridor serves as an element of City Plan. The Land Use Code, on the other hand, is not a Plan. It is a land use regulatory mechanism, like zoning, which is used to implement the goals, objectives and policies of City Plan. The Harmony Corridor Plan promotes the maximum utilization of land within the corridor, higher density development, phased growth, a mix of uses and concentrated building activity. The availability of public facilities, includ- ing streets, sewer, water, natural gas, and electricity, establishes the corridor as a preferred location for intense urban ac- tivity including a mix of residential, in- dustrial, commercial and recreational uses. Properly designed, multiple use develop- ments make sense from both a public and private standpoint. People can and should have the opportunity to live near where they work, where they shop where they go out to eat, and where they find recre- ation. The auto becomes less necessary, thereby relieving the transportation sys- tem and reducing air pollution. Direct- ing growth to those areas of the commu- nity where utilities are already in place, saves money and makes more efficient use of the existing public investment in in- frastructure improvements. The adopted land use policies within the Harmony Corridor Plan also encourage a variety of retail activity in the corridor, including commu- nity and regional shopping centers. Strip commercial development is discouraged. Transitional land uses or areas are also provided for in the Plan to be located between residential and commercial areas except in specified areas where a mix of residential and commercial uses are encouraged in a live-work environment. All residential areas are encouraged to include a mix of single family and multi- family dwelling units of differing types and densities. Other uses such as parks and schools are also expected to develop in the future to serve the expanding residential areas. Since the late 1970’s, development in the Harmony Corridor has been especially attractive and sensitive to the unique char- acteristics and importance of the area. The decision by Hewlett-Packard to lo- cate in this corridor has had the positive residential development in the area has also been very good. The challenge at hand is to determine if any additional land use policies are needed which could improve upon, reinforce and enhance the pattern of land use occurring within the corridor. PLANNING FOR THE FUTURE INTRODUCTION Both the City Council and the Planning and Zoning Board have the responsibil- ity and the authority to undertake the preparation of long range plans and poli- cies. This planning effort offers an op- portunity to establish a refined vision for the corridor. It includes creating a desir- able living and working environment for future inhabitants, an exciting gateway into the community, as well as an impor- tant center for business and commerce. The land use plan for the Harmony Cor- ridor is intended to improve upon, rein- force and enhance City Plan. It offers a vision of a future that many people and interests can identify with and seek to implement. THE PROCESS Several different land use alternatives were considered before finally arriving at the recommended one. These alterna- tives ranged considerably in intensity of development, character and practicality. They were reviewed by the property own- ers in the study area and the general pub- lic. The recommended land use plan was synthesized by staff based on several months of public review and comment at a variety of forums. The land use plan is depicted on Map 10. The intent of the land use plan and map is to provide for an orderly, efficient and attractive transition of vacant rural land to urban use; and to: (a) Maximize the use of existing services and facilities (streets and utilities). (b) Promote the development of the corridor as a high quality, self-con- tained and compact business center. (c) Provide for the location of industry and business in the city by identify ing prime locations for such uses. (d) Provide shopping and service areas convenient to both residents and em- ployees of the corridor. (e) Provide for a variety of housing types. (f) Preserve and protect existing residen- tial neighborhoods from intrusive or disruptive development. THE VISION The vision for the corridor area is that it become a major business center in north- ern Colorado attracting a variety of busi- nesses and industries serving local as well as regional markets. It should also include a mixture of land uses including open space, residential, office, recreational, and retail activities. The focus of most development activity, especially commercial, should be at the major street intersections. The intensity of land use should decrease as distance from Harmony Road increases and as the distance from the major intersections in- creases. To promote pedestrian, bicycle and transit use, development in the area should be compact. Buildings, spaces and street frontages should be well-designed and of high quality materials and work- manship. Business and industry provide the major economic focus of the corridor area. The land use mix also includes a variety of commercial uses to meet tenant and neighborhood resident needs. Community and regional commercial ac- tivities are introduced in well-planned shopping centers, industrial parks and mixed used areas, and designed to draw shoppers from the surrounding community and region. Free-standing highway related commer- cial (convenience stores, fast food restaurants, gas stations and the like) are not permitted to locate outside of planned shopping centers or industrial parks. Only neighborhood scale shopping centers are allowed in residential areas, although this restriction does not apply in certain mixed use areas. Hotels to serve business tenants within the park will grow in importance. These hotels will be sited near major employment hubs, and in most cases be visible from Harmony Road. Low intensity retail, restaurants, day care facilities, health clubs, personal service shops, business services (print shops, of- fice supply, etc.), banks and other similar commercial activity is concentrated in at- tractively designed centers, integrated into planned industrial parks and mixed use areas. Buffer areas (transitional land uses, linear greenbelts, or other urban design elements) are provided to serve as cushions between the adjacent residential neighborhoods and the commercial areas. The existing, low density residential LAND USE PLAN GOAL STATEMENT Encourage and support mixed land use development in the Harmony Corridor while dis- couraging “strip commercial” development and promoting the vitality and livability of existing residential neighborhoods. POLICIES LU-1 Strive for excellence and high quality in the design and construction of buildings, open spaces, pedestrian and bicycle facilities, and streetscapes by establishing and enforcing design guidelines specific to the corridor area. An important part of the Harmony Corridor Plan is the desire to continue the high standard of quality established by recent development projects in the corridor area. One way that this can be accomplished is through the development and implementation of design guide- lines specific to the corridor itself. These guidelines should be adopted as a part of the criteria that the City uses to review development of the corridor area. These guidelines should address the following issues: Streetscapes, including fencing and screening. Landscaping. Street and parking lot lighting. Building setbacks. Architectural design and materials. Pedestrian and bicycle access and circulation. LU-2 Locate all industries and businesses in the “Basic Industrial and Non- Retail Employment Activity Centers” in the areas of the Harmony Cor- ridor designated for such uses on Map 10. Secondary supporting uses will also be permitted in these Activity Centers, but shall occupy no more than 25 percent (25%) of the total gross area of the Overall Development Plan or Planned Unit Development, as applicable. The Harmony Corridor offers an opportunity for creating a major business and industrial center in northern Colorado, due to its desirable location, accessibility, available infrastruc- ture, and land ownership pattern. Attracting desirable industries and businesses into the community, and in particular, the Harmony Corridor, achieves an important public pur- pose because it promotes primary and secondary jobs and generally enhances the local economy. 2 Packet Pg. 219 Attachment: Exhibit B (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) Basic Industrial and Non-Retail Employment Activity Centers are locations where indus- trial uses and/or office or institutional type land uses are planned to locate in the future in business park settings. Base industries are firms that produce goods and services which are produced for export outside the city, and thereby import income into the city. Typical business functions include research facilities, testing laboratories, offices and other facili- ties for research and development; industrial uses; hospitals, clinics, nursing and personal care facilities; regional, vocational, business or private schools and universities; finance, insurance and real estate services; professional offices; and other uses of similar character, as determined by the Planning and Zoning Board. Secondary uses include hotels/motels; sit-down restaurants; neighborhood convenience shopping centers; childcare centers; athletic clubs; and, a mix of single family and multi- family housing. If single family housing is provided, at least a generally equivalent number of multi-family dwelling units must also be provided. “Multi-family” shall mean attached single family dwellings, 2-familly dwellings or multi-family dwellings. Secondary uses shall be integrated both in function and in appearance with an office (or business) park, unless a special exemption is granted by the Planning and Zoning Board. In order for such an exemption to be granted, the applicant must demonstrate to the satisfaction of the Board that the granting of the exemption would neither be detrimental to the public good nor impact the intent and purposes of the foregoing requirement and that by reason of exceptional narrowness, small parcel size, or other special condition peculiar to a site, undue hardship would be caused by the strict application of this require- ment. The essence of the Basic Industrial and Non-Retail Employment Activity Center is a com- bination of different types of land uses along with urban design elements that reduce dependence on the private automobile, encourage the utilization of alternative transporta- tion modes, and ensure an attractive appearance. LU-3 All retail and commercial land uses, except those permitted as secondary uses in the Basic Industrial and Non-Retail Employment Activity Centers, shall be located in Mixed-Use Activity Centers which comprise different types of shopping centers. All shopping centers, except neighborhood convenience shopping centers, shall be limited to the locations shown on Map 10. Neighborhood convenience shopping centers shall also be permitted in the Basic Industrial and Non-Retail Employment Activity Center as described in LU-2. The Plan allows for a broad range of retail uses to occur in shopping centers which satisfy the consumer demands of residents and employees who live and work in adjacent neighborhoods, as well as from the community or region. Coordinated planning of a “center” rather than isolated individual uses is the most effective means of avoiding the “strip” type of development. The scale and design of the shopping centers should be compatible with neighboring uses. Shopping centers can and should play an important role in the identity, character and social interaction of surrounding neighborhoods. They should be easily accessible to existing or planned segments of public transit. Adequate auto accessibility, especially for 2 Packet Pg. 220 Attachment: Exhibit B (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) community and regional shopping centers, is important. Shopping centers should have a physical environment that is conducive to pedestrian and bicycle travel. LU-4 Allow a broader range of land uses within the Gateway Area as shown on Map 10. The Gateway Area permits a mix of all uses allowed in the “Basic Industrial and Non-Retail Employment Activity Centers” plus additional complementary uses that fit a special urban design framework as described in Chapter 5. All uses including the individual uses in Convenience Shopping Centers may occur throughout the area. Retail and commercial uses shall occupy no more than 50% of the mix of uses in the Overall Development Plan or Planned Unit Development as applicable. Development in the area is intended to form a mixed-use place to attract employment uses with the convenient mixing of uses as an amenity. Retail and commercial uses are allowed in any portion of the area because development will be coordinated to minimize impacts on sensitive uses such as residential uses and on visual quality. The focus within the Gateway Area will be on naturalistic landscaped edges along I-25 and Harmony Road; and on urban design of pedestrian-friendly placemaking in areas of building development. Building development will be clustered away from I-25 and Harmony Road and designed to blend unobtrusively into the landscape setting. LU-5 Provide for the advance planning of large, undeveloped properties in the corridor area. Coordinated planning of large parcels of land in the corridor area can generally provide greater opportunity for more innovation and variation in design, increase efficiency in utility services, and accomplish many more of the policies and objectives of the commu- nity than does a more piecemeal approach to development planning. LU-6 Locate a broader range of land uses in the areas of the Harmony Corridor known as Mixed-Use Activity Centers as shown on Map 10. Mixed-Use Activity Centers are areas where a broader range of land uses may locate. The Mixed-Use Activity Center permits, in addition to the uses listed in the “Basic Industrial and Non-Retail Employment Activity Center,” a range of retail and commercial uses to occur in shopping centers. If single-family housing is provided, at least a generally equiva- lent number of multi-family dwelling units must also be provided. Neighborhood service centers, community shopping centers, and regional shopping centers, and a lifestyle shop- ping center shall be limited to those locations shown on Map 10. The essence of the Mixed-Use Activity Center is a combination of different types of land uses along with urban design elements that reduce dependence on the private automobile, encourage the utilization of alternative transportation modes, and ensure an attractive appearance. LU-7 Retail and commercial land uses are intended to be concentrated in shopping centers in most areas. Neighborhood convenience shopping centers shall also be permitted in the Basic Industrial and Non-Retail Employment Activity Center as described in LU-2. Retail and commercial land uses will be allowed in the Gateway Area both within shopping centers and as components of mixed use development. The Plan allows for a broad range of retail uses to occur in shopping centers which satisfy the consumer demands of residents and employees who live and work in adjacent neigh- borhoods, as well as from the community or region. Coordinated planning of a “center” rather than isolated individual uses is the most effective means of avoiding the “strip” type of development. 2 Packet Pg. 221 Attachment: Exhibit B (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) The scale and design of the shopping centers should be compatible with neighboring uses. Shopping centers can and should play an important role in the identity, character and social interaction of surrounding neighborhoods. They should be easily accessible to existing or planned segments of public transit. Adequate auto accessibility, especially for community and regional shopping centers, is important. Shopping centers should have a physical environment that is conducive to pedestrian and bicycle travel. LU-8 Recognize the importance of the continued livability and stability of existing residential neighborhoods as a means to expanding future eco- nomic opportunities in the corridor. The corridor area contains existing residential areas whose existence contributes to the future economic health of the corridor area. Future development in the corridor should be sensitive to these areas. LU-9 Preserve a transition or cushion of lower intensity uses or open space between existing residential neighborhoods and the more intense indus- trial/commercial areas. An important goal of the Harmony Corridor Plan is to provide a harmonious relationship between land uses and to protect the character of new and existing residential neighbor- hoods against intrusive and disruptive development. Open space, setbacks, landscaping, physical barriers and appropriate land use transitions can be effective was to provide a cushion between different uses. The following are generally considered to be appropriate transitional land uses: professional offices multi-family housing churches childcare centers; and assisted living, memory care,and short-term care facilities. 2 Packet Pg. 222 Attachment: Exhibit B (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) Potential Lifestyle/Regional Shopping Center HARMONY CORRIDOR PLAN LAND USE PLAN MAP 10 2 Packet Pg. 223 Attachment: Exhibit B (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) IMPLEMENTATION ACTIONS The following actions need to be taken by the City to ensure that the land use section of the Plan is implemented over the years to come. 1. The City Council and the Planning and Zoning Board should adopt the Plan amendment. 2. The City should annex all unincorporated areas within the Harmony Corridor, in accordance with the parameters of the Intergovernmental Agreement between the City of Fort Collins and Larimer County. 3. The City should amend design standards and guidelines which reinforce the dis tinctiveness and quality of the corridor area. 4. When reviewing new development proposals in the corridor, the City shall evalu- ate such proposals according to the standards and guidelines adopted as part of the Harmony Corridor Plan. The Harmony Corridor Standards and Guidelines are in addition to existing development regulations that apply to specific development proposals. 5. The City should establish means of effectively encouraging industries and busi- nesses to locate in the Harmony Corridor. 6. The City should explore local landmark district designation of existing historic structures. 7. The City should continue to study the distribution of basic industrial and non- retail jobs as part of the City Plan Update (2019) implementation recommendations and consider amendments to the Land Use Code recognizing changes in land use policy. Revise policies of the Plan as needed. 2 Packet Pg. 224 Attachment: Exhibit B (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) 5 HARMONY GATEWAY AREA Updated 2020 “The goal of gateway planning is to arrange the landscape with a sense of arrival and a positive image of the place” Michael Barrette EXHIBIT "C" 3 Packet Pg. 225 Attachment: Exhibit C (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) 3 Packet Pg. 226 Attachment: Exhibit C (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) The gateway area comprises about 450 acres extending one mile north and one-half mile south of Harmony Road Harmony Road, formerly State Highway 66, smooths out the topography of the bluff North side of the road: Arapaho Bend Natural Area INTRODUCTION This updated Chapter 5 builds upon ideas and recommendations of the original 1991 Harmony Corridor Plan. The Setting The Gateway Area extends along both sides of Harmony Road from I-25 to the edge of the Cache La Poudre river valley, defined by a bluff just over a half-mile west of I-25. The bluff, also known as the valley wall, is a result of the river’s down-cutting action as it meandered within its floodplain for many thousands of years. While it is a notable geographic feature from a historical perspective, it simply presents a modest hill for users of Harmony Road. Lying within the river valley below the bluff, the area consists of low ground, ponds, and wetland areas—all remainders from extensive past gravel mining operations. The Gateway Area is an exceptional location due to high values the community places on the Cache La Poudre River corridor and also on the Harmony Road interchange with I-25 as the most-traveled entryway into the city. This juxtaposition creates the unique opportunities and significance that make the Gateway Area a prominent aspect of the Harmony Corridor Plan. The types of development that highway interchanges typically attract do not mesh well with the community’s values regarding this unique opportunity. The challenge is to balance different and sometimes competing objectives for land use and development. What’s A Community Gateway -- Why Is It Important? Community plans commonly address prominent entryways as special opportunities to cue entry into and departure from the given city. A well-planned gateway can: • Contribute to a sense of community with a look and feel of local values, civic intention, and pride • Offer a sense of arrival and welcome for visitors • Offer a familiar and welcoming feel for residents, signifying home in a positive way • Avoid homogenous highway-oriented corporate character that blurs local identity • Invite attention to the city as a place to visit, in addition to being an area to drive through 3 Harmony Corridor Plan Background: General Direction for the Area The Harmony Corridor Plan, adopted in 1991, identified the ‘Gateway Area’ but did not establish a vision or strategy for the area. Rather, it explained issues that were still in flux at the time and described alternative concepts. It concluded that: “Additional work is required to develop a strategy for shaping the future of this important segment of the community.” The starting point for additional work was to be the concept of a well-planned and attractive entrance to Fort Collins integrating quality development with naturalistic characteristics and features of the river valley landscape. This concept was described as ‘Alternative A’ in the original plan. Key points are: • Incorporate wetlands, lakes and drainageway areas as an elaborate open space network laced with an extensive system of trails. • Blend development into naturalistic landscaping, favoring light industrial and office uses and discouraging commercial uses unless they can be blended unobtrusively into the naturalistic setting. • Provide significant setbacks from streets for any development forming a greenbelt around the interchange. • Establish standards for architecture and landscape plans emphasizing naturalistic character. • Ownership, maintenance and liability issues would need to be negotiated and could include re-investment of tax dollars created by development, dedication of land by property owners or developers, and public funding. The Harmony Corridor Plan’s overarching direction for land use along the entire corridor included the Gateway Area. That is, the area was designated as ‘Basic Industrial Non-Retail Employment’ for future development with an emphasis on business park-type employment uses and avoidance of highway commercial “strip” type development with a generous landscaped setback area along the roadway. However, while the corridor-wide employment designation was applied to the Gateway Area, the area is also highlighted separately and prominently throughout the plan in addition to having its own chapter. The area is distinct and different from the uplands to the west which comprise the rest of the corridor. EXISTING CONDITIONS ISSUES Poudre River Floodway In 2020, most of the property in the gateway area is within a 100-year floodplain of the Poudre River, and significant portions of the area are within a floodway (a mapped area reserved for the passage of flood flows with virtually no development permitted). The river itself is the angled north edge of the gateway area. It then crosses I-25 a half-mile north of the interchange and continues east through the Town of Timnath. However, limited flow capacity under the I-25 bridge crossing would cause flood flows to back up behind the bridge in a flood event and break out of the river channel to flow down through Gateway Area across Harmony Road. The Colorado Department of Transportation (CDOT) and the City are exploring possibilities for a new I-25 bridge together with downstream flood improvements that could allow flood flows to remain in the river channel and remove the floodway from the Gateway Area. Unless and until such a solution is reached, no residential development is allowed in the floodway, and any other development would face the very difficult challenge of showing no adverse impact on adjacent properties. This challenge would be prohibitive for any significant development in the floodway. However, developers could propose to channelize and realign the floodway by completely reshaping the landscape, to create developable land. The necessary filling and grading would require a multi- year process of engineering, design, coordination and permitting. The City, FEMA, and possibly other jurisdictions and stakeholders would be included. Floodway issues are a complex interjurisdictional matter beyond the scope of this Harmony Corridor Plan. This plan update establishes a vision and strategy for land use and development in the event that floodway constraints are removed in a separate process. Gravel Pit Ponds In 2020, four gravel pit ponds exist on the south side of Harmony Road in the gateway area and are in varying states of compliance with State water law. These ponds are unintentional residual results of past gravel mining and were never intended to be the permanent land use on the property. wetlands develop around the edges in addition to the habitat value of open water. Anticipated future changes to the property would necessarily involve at least some degree of loss of habitat, and such changes require mitigation of the habitat loss under City Land Use Code standards. Mitigation requirements would offer opportunities for more intentional habitat improvements as part of a whole reshaped landscape. Existing Land Uses The north side of Harmony Road mostly consists of the City’s Arapaho Bend Natural Area and the Transportation Transfer Center (TTC or park-n-ride), a joint facility of the City and CDOT that was carefully carved out of the Natural Area. The commercial property abutting the northwest corner of the interchange is not within the City Limits. On the south side of Harmony Road, the existing gas station and adjacent cell tower are not within the City Limits. The existing plant nursery business was established under County jurisdiction prior to annexation and has since been annexed along with the remainder of the gateway area on the south side of Harmony Road. The remainder of the south side comprises gravel-mined ponds. Parcels on the southwest and southeast corners of Harmony and Strauss Cabin Roads are outside of the 100-year floodplain. The southwest corner of Harmony and Strauss Cabin Road was recently developed with an apartment complex. A 10-acre parcel on the southeast corner of Harmony and Strauss Cabin Road was approved in 2015 for a convenience shopping center, although the development plan approval has expired, and the property remains undeveloped. Changed Conditions Since the Original 1991 Plan Major changes and new information since 1991 have informed the planning process for the Gateway Area plan update in 2020. Prominent examples include: • Jurisdiction over Harmony Road was transferred from the Colorado Department of Transportation to the City of Fort Collins, and the designation as a State Highway was removed. • Gravel mining operations were completed, throughout much of the gateway area, altering the landscape. • The portion of the gateway area on the north side of Harmony Road was purchased by the City as the Arapaho original 1991 plan to maintain the character of the river valley. • The portion of the gateway area on the south side of Harmony Road was considered for purchase as a City Natural Area for Community Separator and viewshed purposes starting in the late 1990’s. Habitat was not considered a significant purpose due to the gravel mined landscape. The City considered the opportunity on multiple occasions. • A large, visually prominent cell phone tower was built adjacent to the interchange on the south side of Harmony Road in the County’s jurisdiction. • The City’s 1997 Comprehensive Plan update known as City Plan designated Harmony Road as one of four Enhanced Travel Corridors for future high-frequency transit in the long-term structure of the city. • The City Structure Plan map (City Plan’s land use map) envisioned a ‘Green Edge’ of the city along the low- lying southeastern edge of city including the Gateway Area, suggesting that development intensity would taper down to a fairly open and rural landscape, helping to preserve the separate identities of Fort Collins and Timnath. • The City and County twice extended Fort Collins’ Growth Management Area southward from its boundary ½ mile south of Harmony Road at the time of the original Harmony Corridor Plan. In 2020, it extends 3½ miles further south to the SH 392/Carpenter road interchange area. • Two Community Separator studies were conducted, in 1999 and 2003, describing potential opportunities for preserving distinct visual and physical separation and identity of Fort Collins, Timnath, and Windsor. These studies were a forum for discussion of cooperative land use planning among jurisdictions and property owners. • The 2003 Fort Collins-Timnath- Windsor Community Separator Study specifically identified the Poudre River floodplain corridor, which forms a broad swath around the I- 25/Harmony interchange, as a primary opportunity to keep Fort Collins and Timnath separate. The Separator studies generally described possible implementation actions, which would require increasing cooperation development widely promoting I-25 as “Northern Colorado’s Main Street”. • Fort Collins’ position in the regional retail trade area has weakened significantly since 2001. The City of Fort Collins faces increasing competition for regional retail purchases; this has translated into a decrease in retail sales inflow and increased retail sales leakage since 2001. • Soon after the Separator studies were completed in 2004, the Town of Timnath re-designated the east entire east side of I-25 directly across from the gateway area for Regional Commercial development, extending from the interchange one mile southward, negating the Separator concepts for that area. Walmart, Costco, and associated commercial pads were developed. • CDOT conducted an Environmental Impact Study process evaluating alternative transportation scenarios for I-25 and related north-south transportation facilities between the Denver Metro area and North Front Range, showing the Harmony interchange as a significant hub for future bus transit. • Taller buildings began to emerge along I-25 in Northern Colorado, with an 8- story hotel constructed near the Larimer County Events Center and other 6-story buildings planned nearby. • Development along the top of the river valley wall has significantly altered the potential for scenic views looking west across the river valley to the mountains beyond, as described in the original 1991 plan. • Property owners, professional consultants, prospective developers, and City staff have evaluated several land use initiatives for the south side of Harmony Road. These were based on reclaiming gravel-mined land and ponds, completely reshaping the floodplain, developing an activity center, and exploring possibilities for City purchase of certain property. These efforts produced significant information and understanding, but none led to Harmony Corridor Plan amendments or land use actions. • Most of the property in the Gateway Area on the south side of Harmony Road was annexed with the exception of the existing gas station property. • Eagle View Natural Area was VISION FOR THE GATEWAY AREA Gateway Area Looking West Overview Property owners, community members, decision makers, and various other stakeholders, both public and private, need a shared understanding of how continuing changes should be channeled to contribute to a positive vision. The original 1991 Harmony Corridor Plan set a direction and starting point: to create a community entryway that integrates high-quality development into a naturalistic landscape with riparian characteristics associated with the river valley. Office and light industrial uses were encouraged; commercial uses were discouraged unless they could be shown to blend unobtrusively into the naturalistic setting. That general direction has remained valid. 29-plus years of changes, new information, and public discussion have built on that starting point and reaffirmed the essential ideas to make the most of the unique opportunity to form a Fort Collins gateway and a special destination over time if land uses change. The community’s vision for this entryway includes specific acknowledgement that the whole approach to land use is notably different from typical commercial development oriented to interstate highway exits. Rather, the vision is to provide relief from the protypical highway development. 3 Packet Pg. 233 Attachment: Exhibit C (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) ESSENTIAL HARMONY GATEWAY DESIGN ELEMENTS Implemented as part of the Harmony Corridor Plan update and related Standards and Guidelines, ten basic design elements will apply to future development within the Gateway Area: 1. Naturalistic River Valley Landscape 2. Landscaped Setbacks Along Harmony and I-25 for Visual Image and Character 3. Unified Harmony Road Gateway Streetscape 4. Fort Collins Entryway Signs 5. Habitat Protection and Mitigation 6. Regional Trail Corridor 7. Mobility Hub 8. Limitations on Commercial Signs 9. Stealth Wireless Telecommunication Facilities 10. Unique Land Use and Development Standards 1. Naturalistic River Valley Landscape Cottonwood groves, willows, and other native plantings will form the most dominant aspect of the area’s image as seen by users of Harmony Road and drivers on I-25. Under this approach, a naturalistic river valley landscape, instead of buildings and signs, becomes the primary view. Example of a landscape-dominant entryway corridor where buildings and signs are afforded intermittent visibility 2. Landscaped Setbacks Along Harmony and I-25 for Visual Image and Character Where buildings and parking lots are developed, landscaped setback areas will be provided that average at least 140-190 feet wide along Harmony Road and I- 25.These newly landscaped areas along streets will be designed to screen parked 3 Packet Pg. 234 Attachment: Exhibit C (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) vehicles and intentionally frame intermittent views of buildings and their signage as part of the image of buildings sited within a landscape. As such, the setback area can undulate within the average, with some buildings and parking closer to the roadways if parking is fully screened and encroaching buildings are well-integrated into the landscape. I-25 Landscape Setback Concept Grading in these setback areas will be informal and have vertical undulation, reflecting landforms shaped by river movement to complement plantings and reinforce the naturalistic landscape. Grading should be at a scale perceivable to drivers at speeds and volumes on Harmony and I-25. Grading may double as critical floodway and/or drainage facilities and a trail corridor depending on outcomes of separate efforts regarding floodway changes. 3 Packet Pg. 235 Attachment: Exhibit C (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) Harmony Streetscape with Naturalistic Landscaping Concept 3. Unified Harmony Road Gateway Streetscape Perhaps the strongest and most direct impression that can be made for people moving through or coming to the area is the Harmony Road streetscape. This streetscape includes the street edges as experienced by users of the street, and medians. It includes improvements within the City right-of-way and improvements as part of abutting land uses. For motorists entering the city, medians and streetscape improvements on the north side of Harmony Road would have the highest visibility. The landscaped medians reduce the scale of the large roadway and add beauty. As much as possible within space constraints, informal groupings of trees including cottonwoods will span across sidewalks which will be detached and slightly meandering in conjunction with naturalistic grading. Harmony Road Streetscape, Landscape Setback Area, and New Street at Park-n-Ride Signal Concepts 4. Fort Collins Entry Sign Streetscape design projects will explore the most complementary way to include an entry sign in conjunction with the landscaping. For years, public interest has been 3 Packet Pg. 236 Attachment: Exhibit C (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) expressed in a clearer message to motorists that they are entering Fort Collins, at all major highway entry areas. In the public planning process for the Gateway Area, community members’ input clearly indicated that any isolated, attention-grabbing sign, monument, sculpture or similar entry feature is not important in favor of a naturalistic landscape to move through. A landscaped native stone sign wall or other complementary entry sign would reinforce the gateway impression and will be carefully considered, sited and designed considering relationships to similar initiatives at other City gateways. 5. Habitat Protection and Mitigation Land use changes will include riparian landscaping that contributes to a larger continuous corridor of riparian habitat in rural and open lands across the larger southeast edge of Fort Collins. City, State, and Federal regulations already govern impacts to existing habitat that would likely occur with development. They generally emphasize protection, enhancement, and alternative mitigation of any losses with land use changes. For example, on the south side of Harmony Road where greater land use changes may occur, habitat improvements would be required to mitigate expected losses associated with filling ponds and future development. Newly created ponds, channels, and landscape areas would be part of the framework for development and would be extensively landscaped with native river valley plantings. This would provide a basic degree of urban habitat, mainly for birds and small aquatic species. With complete reshaping of the most or all of the landscape, there are apparent opportunities for improvements to go beyond minimal mitigation of losses and achieve significant enhancement over unintentional and unsanctioned status of the habitat that has formed in the gravel-mined landscape. 6. Regional Trail Corridor A landscaped trail corridor thirty to fifty feet wide (or more) will run like a ribbon through the south side of Harmony road to assist in linking trails and Natural Areas to the north and south—the Poudre River Trail in Arapaho Bend Natural Area on the north, and Fossil Creek Trail in Eagle View in the south. 3 Packet Pg. 237 Attachment: Exhibit C (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) The corridor will be an integral part of the formative framework of public space into which buildings and parking lots will fit. The corridor may be located within required landscape setback areas and should be sited and aligned to maximize the user experience. Developers will coordinate with the City on appropriate trail design, including alignment, width, surface materials and details. Trail Corridor Concept, North Portion of South Side of Harmony 7. Mobility Hub City Plan identifies the Harmony interchange area as a ‘Mobility Hub’ recognizing its long-term potential to offer transfers, drop-offs, a station for bus rapid transit (BRT), intersecting multi-use trails, and regional bus transit in addition to its park-n-ride function. This recognition centers around the TTC; but if any significant development is brought to fruition on the south side of Harmony as envisioned, it will complement the functioning of the TTC starting with a BRT stop and a comfortable pedestrian crossing of Harmony Road. Such development could add options such as car shares, electric charging, and shuttles to connect across Harmony. 3 Packet Pg. 238 Attachment: Exhibit C (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) 8. Limitations on Commercial Signs Commercial signs within the gateway area will be consistent with the Plan’s character elements as well as compliant with the City’s Sign Code. Present code provisions prohibit off-premise signs (billboards) and place limitations on sign size, height, and manner of display. Requests for modifications and/or variances to the Sign Code will be evaluated against adopted Harmony Gateway policies. Further, any Planned Unit Development (PUD) application would be required to include a Uniform Sign Program specifying sign type, heights, sizes, placement and lighting. 9. Stealth Wireless Telecommunication Facilities Making a provision for wireless telecommunication facilities (typically cell towers) balances the needs for residents and the travelling public to have adequate telecommunication services while still protecting key views and upholding the naturalistic design character of the Gateway. New standards would prohibit conventional wireless and other telecommunication towers, unless in those cases where they are screened, roof-mounted equipment or are “stealth” installations located within church steeples, bell towers, flagpoles, grain silos, structures common to the area’s landscape or integrated into building architecture. 10. Land Use and Development Standards South Side of Harmony Road This 136-acre area has been zoned for development under the Basic Industrial Non- Retail Employment Activity Center land use designation since 1991, with the potential for major development if the floodway was to be removed and gravel pit ponds filled. In 2020, a 10-acre parcel of developable land exists at the southeast corner of Harmony and Strauss Cabin Roads. For development to proceed on the south side of Harmony Road beyond the vacant 10-acre parcel, the entire gravel-mined floodplain landscape would need to be completely reshaped from the current gravel pit configuration, filling the ponds in conjunction with a solution to contain the floodway. Naturalistic river valley landscaping dominated by groupings of cottonwoods and willows would be required to create a significant riparian greenbelt image along Harmony Road and I-25. This landscaping would complement and contribute to the 3 Packet Pg. 239 Attachment: Exhibit C (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) larger swath of open and rural lands at this southeast edge of the city and riparian tree groves on the north side of Harmony Road. Coverage of streets, buildings and parking lots would be limited to 60% of the site area, with the remaining 40%comprising he newly created naturalistic landscape setting. Groupings of evergreen trees would screen parking and help to frame selective intermittent visibility of buildings and their signage and add winter interest. Development will form an interesting, walkable mixed-use destination with buildings brought together along sidewalks and other walkways and outdoor spaces. While most people will arrive by private vehicle, the pattern will make it convenient and inviting to ‘park once’ and walk within the area. Because of the focus on a walkable framework, development would be mutually supportive of public transportation, by being convenient for walking, transit use, and bicycling upon arrival. Buildings Brought Together in a Walkable, Mixed-Use Area Beyond the visual image, the pattern would reflect multiple community values regarding livable, sustainable community development. Its character would define it as a notable gateway to Fort Collins and a unique shopping/employment/living destination in the region and state. 3 Packet Pg. 240 Attachment: Exhibit C (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) Mixed Land Uses A diverse mix of businesses, jobs, and urban housing at relatively high densities, allowing as many opportunities for cross-use as possible within walking distance. This mix offers a chance for people to live, work, and visit with minimal dependency on cars. Uses could include retail, restaurant, office and institutional buildings, corporate and light industrial employment, lodging and hospitality uses, and a variety of urban styles of housing. The mix of uses would be limited to the following distribution (as a percentage of net developable acreage): Residential: 25% minimum Retail and commercial: 50% maximum Employment: 25% minimum (office, light industrial, institutional) Public Space Framework of Streets Buildings and parking lots will be fitted into a well-planned framework of public space, with blocks formed by streets, or pedestrian ‘spines’ adequate to function in lieu of streets. ‘The term ‘streets’ is inclusive of street-like private drives. Pedestrian Crossings of Harmony and Strauss Cabin Roads Prominent pedestrian crossings would be provided at Strauss Cabin & Harmony Roads for reasonably comfortable east-west and north-south pedestrian 3 Packet Pg. 241 Attachment: Exhibit C (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) movement throughout the area. . Strauss Cabin Pedestrian Crossing Concept at Apartments on West Side Buildings and Parking Lots Buildings and their entrances would be brought together along streetfronts that may combine with a trail corridor and small park and public spaces and define the district. Building Fitted in and Brought to Streetfronts Accordingly, parking would be either distributed along active pedestrian streets, or consolidated in lots or structures that do not interrupt the pedestrian and visual environment. Landscape plantings internal to parking lots reflect the overall plant pallet for the area. North Side of Harmony Road 3 Packet Pg. 242 Attachment: Exhibit C (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) The existing land use is likely to remain within a reasonable planning time horizon. The park-n-ride could potentially expand to a degree or add a parking structure as part of long-range plans for a transit hub, but its essential footprint, function, streetscape, and naturalistic landscape are expected to remain consistent with the overall vision. At such time that these properties redevelop, the Land Use and Development Standards described above for the south side of Harmony Road will be apply to the north side of Harmony Road. TTC (Park-n-Ride) Landscape Setback Character The commercial property abutting the interchange, under County jurisdiction, appears unlikely to request annexation and redevelopment within a planning time frame. In the meantime, it will remain a reminder of a past era when it was zoned for commercial uses at an outlying highway exit beyond the City Limits. Northeast Commercial Corner Abutting the Interchange 3 Packet Pg. 243 Attachment: Exhibit C (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) DEVELOPMENT STANDARDS TO IMPLEMENT THE STRATEGIES Architectural, site, landscape and sign plans will be subject to design standards and guidelines that emphasize a distinct place and image consistent with the vision. PUBLIC SPACE MANAGEMENT Trail corridor and other open spaces: ownership, maintenance and liability issues would have to be negotiated. Retaining significant amounts of open space may require the expenditure of public funds or a reinvestment of tax dollars created by the development. GATEWAY AREA GOALS Shape the future of the gateway area to: 1. Emphasize opportunities of the river valley setting. 2. Express a positive image, community values, and a distinct local feel. 3. Shape development south of Harmony Road to form a walkable, mixed-use district south, including diverse businesses, jobs, urban styles of housing and city amenities. 4. Take advantage of future public transportation systems along Harmony Road and I-25 by evolving a transit hub. POLICIES GW-1 Establish a well-planned and attractive gateway entrance to Fort Collins at the I-25 interchange, emphasizing the natural scenic qualities of the area. GW-2 Protect and enhance the natural resource value of the Cache la Poudre River. GW-3 Encourage continued master planning efforts in the gateway area. GW-4 Establish design standards and guidelines for development in the gateway area that emphasize scenic and natural resource values. GW-6 Create networks of open space and trail systems, that incorporate urban wildlife habitat. GW-7 Support a balanced transportation system within the context of a pedestrian district that prioritizes pedestrian, transit and bicycle use as well as driving. IMPLEMENTATION ACTIONS The following actions need to be taken by the City to ensure that the gateway section of the Plan is implemented. 3 Packet Pg. 244 Attachment: Exhibit C (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) 1. PLAN ADOPTION Gateway Plan amendment adoption by City Council. 2. GATEWAY PLANNING PHASE TWO The City should continue the gateway planning effort through the following design and coordination activities: DESIGN • Adopt Harmony Corridor Gateway Design Standards and Guidelines. • Develop and fund a Harmony Road gateway streetscape design. • Design a Fort Collins entry sign and develop a funding mechanism. • Develop a conceptual plan for a regional multi-purpose trail. • Design a naturalistic landscape design for the Harmony and I-25 rights-of-way. COORDINATION • Coordinate with the long-range planning efforts of other City departments – Transportation, Parks and Recreation, Water, Wastewater and Stormwater Utilities. • Coordinate with the Colorado Department of Transportation in regard to decommissioning of frontage roads, and landscaping in the highway right-of-way. 3 Packet Pg. 245 Attachment: Exhibit C (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY June 16, 2020 City Council STAFF Theresa Connor, Interim Utilities Executive Director Ken Sampley, Director, Stormwater Eng/Devt Review Delynn Coldiron, City Clerk Judy Schmidt, Legal SUBJECT Resolution 2020-057 Appointing Two Representatives to the Selection Committee for the Jointly Appointed Larimer County and City of Fort Collins Boxelder Basin Regional Stormwater Authority Board of Directors. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priority for being on the Council agenda: • Priority 4 - Items that are substantially complete, have completed significant public process, and are ready for Council consideration. The purpose of this item is for City Council to appoint two representatives to serve on the interview and selection committee for the Jointly Appointed Larimer County and City of Fort Collins Boxelder Basin Regional Stormwater Authority Board Director. The selected candidate will then be considered for appointment by each elected body. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The Boxelder Basin Regional Stormwater Authority (BBRSA) is a governmental entity created by Larimer County, the City and the Town of Wellington on August 20, 2008 to: • Implement the regional components of the approved Boxelder Stormwater Master Plan; • Plan and establish a financial structure that equitably distributes among all properties within the BBRSA Service Area the costs of implementing the regional components of the approved Boxelder Stormwater Master Plan; • Plan and arrange for the operation and maintenance of the improvements; and • Obtain any necessary Stormwater MS4 Permitting (stormwater quality) required in conjunction with implementation. The regional improvements contemplated by the Boxelder Stormwater Master Plan have been constructed, although one such improvement is still being modified to address certain issues. The work of the Board is now primarily focused on completing modifications to one regional improvement, operating and maintaining the improvements, and assessing certain stormwater fees within the BBRSA service area to finish paying the cost of the improvements. 10 Packet Pg. 246 Agenda Item 10 Item # 10 Page 2 The BBRSA Board of Directors consists of five members who govern the design, construction, and maintenance of improvements; the hiring of/or contracting for BBRSA staff; and the setting of stormwater fees to be charged within the Boxelder Service Area. Board members should have general knowledge of stormwater and floodplain concepts and principles, engineering practices and construction of improvements, and financial management responsibilities. Directors are appointed for a 3-year term. The current BBRSA Board of Directors consists of: • Town of Wellington appointee: Tim Singewald (former Town Mayor) • Larimer County appointee: Eric Tracy (County staff) • City of Fort Collins appointee: Theresa Connor (City staff) • Wellington / Larimer County appointee: Richard Seaworth (citizen) • Fort Collins / Larimer County appointee: Martina Wilkinson (former County staff and current City staff). Martina is filling the position temporarily until a joint City/County appointment can be finalized.) The Director appointed solely by the City has historically been a city staff person (engineer) appointed by the City Manager. Approximately five years ago, it was determined that an elected City official would be beneficial on the Board. At the request of Council and because appointment of a Councilmember to an outside board is reserved to Council, the City process was adjusted to have Council appoint the last City-appointed Director (Gerry Horak). In May, Council appointed Theresa Connor, Interim Utilities Executive Director, to this position. The Director appointed jointly by the City and Larimer County was originally done through an open application process. Early Directors (10+ years ago) included citizens not affiliated with the City. As the BBRSA work plan included increasing technical, fiduciary, political, and legal challenges the skills needed by Directors evolved. In recognition of the importance that both the City and County’s interests are appropriately represented on the Board, recent joint appointees have been strategically made through shared mutual agreement between City and County leadership. No more than one of the jointly-appointed unaffiliated members shall be employed by or an elected official of any member. In May, Council asked that an open selection process be used to select the next City/County jointly-appointed unaffiliated Director to fill the position created by the expiration of Martina Wilkinson’s term. The process includes the following: • Both the City and County will begin the process of a boards and commissions recruitment to recruit candidates. • Each organization will select no more than three candidates to be interviewed. • Interviews will be conducted by a joint panel made up of two representatives each from the City and the County. Three or more members of the interview panel will need to agree to select a preferred candidate. • The preferred candidate will be considered for appointment by both elected bodies. ATTACHMENTS 1. Powerpoint Presentation (PDF) 10 Packet Pg. 247 BBRSA Joint City/County Board Director Theresa Connor, P.E. and Ken Sampley, P.E. ATTACHMENT 1 10.1 Packet Pg. 248 Attachment: Powerpoint Presentation (9189 : Boxelder Selection Committee) Proposed Motion Recommend adoption of Resolution 2020-057 of the Council of the City of Fort Collins Appointing Two Representatives to the Selection Committee for the Jointly Appointed Larimer County and City of Fort Collins Boxelder Basin Regional Stormwater Authority Board Director 2 10.1 Packet Pg. 249 Attachment: Powerpoint Presentation (9189 : Boxelder Selection Committee) BBRSA Background 3 The BBRSA is a governmental entity created by Larimer County, the City of Fort Collins and the Town of Wellington on August 20, 2008 to: • Design and build regional stormwater projects • Plan and establish a financial structure that equitably distributes costs among all stakeholders • Plan and arrange for the operation and maintenance of the improvements; and • Obtain any necessary permitting required. Town of Timnath joined as funding partner in 2014. Improvements have been constructed with exception of one modification to ESDF. 10.1 Packet Pg. 250 Attachment: Powerpoint Presentation (9189 : Boxelder Selection Committee) BBRSA Board of Directors 4 The 5-Person Board governs design, construction, maintenance, hiring/contracting of BBRSA staff, setting stormwater fees, and financial administration: • 1 Director appointed by the Town of Wellington • 1 Director appointed by Larimer Co • 1 Director appointed by the City of Fort Collins • 1 Director jointly appointed by Wellington / Larimer Co • 1 Director jointly appointed by Fort Collins / Larimer Co The Joint Fort Collins/Larimer Co Director is being temporarily filled by Martina Wilkinson (FC Staff). Directors are appointed for a 3-year term. In May 2020 Council requested an open selection process to fill the position. 10.1 Packet Pg. 251 Attachment: Powerpoint Presentation (9189 : Boxelder Selection Committee) Joint City/County Director Selection 5 The City and County are concurrently advertising the position using a Boards and Commissions recruitment: • Applications due by June 19th . • City and County each select no more than 3 candidates • Interviews will be conducted by a joint panel made up of two representatives each from the City and the County. • Three or more members of the interview panel will need to agree to select a preferred candidate; and, • The preferred candidate will be considered for appointment by both elected bodies. The purpose of the Resolution is for Council to appoint two representatives to serve on the Joint Selection Committee. 10.1 Packet Pg. 252 Attachment: Powerpoint Presentation (9189 : Boxelder Selection Committee) Questions 6 Theresa Connor, P.E. Interim Utilities Executive Director Ken Sampley, P.E. Director, Stormwater Engineering and Development Review 10.1 Packet Pg. 253 Attachment: Powerpoint Presentation (9189 : Boxelder Selection Committee) -1- RESOLUTION 2020-057 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING TWO REPRESENTATIVES TO THE SELECTION COMMITTEE FOR THE JOINTLY APPOINTED LARIMER COUNTY AND CITY OF FORT COLLINS BOXELDER BASIN REGIONAL STORMWATER AUTHORITY BOARD OF DIRECTORS WHEREAS, the City of Fort Collins (“City”), Board of Commissioners of Larimer County, Colorado (“County”) and Town of Wellington, Colorado (“Town”) are parties to that certain Intergovernmental Agreement for Stormwater Cooperation and Management dated August 20, 2008, and First Amendment to Intergovernmental Agreement for Stormwater Cooperation and Management dated June 16, 2014 (collectively, the “IGA”) for the purpose of creating the Boxelder Basin Regional Stormwater Authority (the “Authority”); and WHEREAS, the IGA specifies that the Authority shall be governed by a Board of Directors (the “Board”) consisting of five (5) Directors, one each appointed by the City, the Town and the County and two unaffiliated members, representing the public at large; and WHEREAS, the IGA provides that one of the unaffiliated Board members will be appointed by mutual agreement of the City and the County, with the other unaffiliated member appointed by mutual agreement of the Town and the County; and WHEREAS, the Directors serve for staggered terms of three (3) years; and WHEREAS, the last director jointly appointed by the City and County was Martina Wilkinson, who’s term has expired but under the IGA will continue to serve until her replacement is selected; and WHEREAS, Council asked that an open selection process be used to select the next director to be jointly appointed by the City and County; and WHEREAS, the City and County will cooperate to recruit and select no more than three candidates to be interviewed by a joint panel made up of two representatives from each organization (the “Joint Selection Committee”), select a preferred candidate by an affirmative vote of at least 3 members of the Committee, and refer the preferred candidate to both elected bodies for consideration; and WHEREAS, the purpose of this Resolution is for Council to appoint two members to the Joint Selection Committee. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Packet Pg. 254 -2- Section 2. That (___________) and (__________) are hereby appointed to serve as the City representatives to the Selection Committee for the Jointly-Appointed Larimer County and City of Fort Collins Boxelder Basin Regional Stormwater Authority Board Director. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of June, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 255 Item # Page 1 AGENDA ITEM SUMMARY Agenda Item 11 June 16, 2020 City Council STAFF Josh Birks, Economic Health Director John Duval, Legal SUBJECT Ordinance No. 083, 2020 Imposing a Moratorium Until January 31, 2021, Upon the City's Acceptance and Processing of Applications for Approval of New Service Plans for Metropolitan Districts. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priority for being on the Council agenda: • Priority 5 - Items that must move forward based on a Council directed timeline. • Priority 6 - Items that relate to funding, operation and business activities that the City must continue despite the current crisis. The purpose of this item is for Council to consider a moratorium until January 31, 2021, upon the City’s acceptance and processing of new applications for approval of service plans for Metropolitan Districts. This moratorium will apply to the consideration of new Service Plans, but not to the amendment of Metropolitan District Service Plans previously approved by Council or to the consideration of agreements with the City as contemplated in such Service Plans. For example, the moratorium would not apply to Council’s consideration of Public Benefit Agreements and Intergovernmental Agreements contemplated in certain existing Service Plans. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. However, staff is preparing an alternative approach to advancing review and improvement of the existing Metro District policy that could accelerate delivery of revisions making a moratorium less necessary. BACKGROUND / DISCUSSION In August of 2018, Council adopted revisions to the City’s policy for reviewing service plans of Metropolitan Districts (the “Policy”) with further revisions in February of 2019. Council then reviewed and approved the Service Plans for five Metro Districts across the central and northeast sections of Fort Collins. In reviewing and approving these Service Plans, several Councilmembers had questions about the intent, efficacy, and use of Metro Districts to support residential development. At the June 9, 2020, adjourned Council meeting, Council directed staff to prepare this Ordinance imposing a moratorium upon the City’s acceptance and processing of new applications for approval of Service Plans for Metropolitan Districts. Council acknowledged the impacts of the COVID-19 pandemic on the timeline for work to review and improve the Policy. The Economic Health Office (“EHO”) has set aside this work to focus on crisis response and economic recovery. Staff from the Planning, Development and Transportation department (“PDT”) working with EHO staff are developing an alternative approach and schedule to reviewing and improving the Policy. Additional details about this approach will be shared in a memo to be sent to Council on Monday, June 15, 2020. Agenda Item 11 Item # Page 2 The memo will provide additional information including: • An overview of the review and engagement process to develop revisions and improvements to the Policy. • An updated schedule for this work led by PDT staff. CITY FINANCIAL IMPACTS No direct financial impact to the City. All costs associated with the review of Metropolitan District Service Plans are covered by fees collected from applicants. BOARD / COMMISSION RECOMMENDATION The timing of this request has not allowed for any outreach to Boards and Commissions. PUBLIC OUTREACH No public outreach has been completed related to this request due to timing. -1- ORDINANCE NO. 083, 2020 OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS IMPOSING A MORATORIUM UNTIL JANUARY 31, 2021, UPON THE CITY’S ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR APPROVAL OF NEW SERVICE PLANS FOR METROPOLITAN DISTRICTS WHEREAS, Colorado’s Special District Act, in Title 32 of the Colorado Revised Statutes (“C.R.S.”), authorizes the formation of various kinds of quasi-municipal entities to provide certain public improvements and services (the “Act”), including special districts known as “metropolitan districts” (“Metro Districts”); and WHEREAS, the Act authorizes Metro Districts to be organized to provide for the financing, construction, operation and maintenance of certain public improvements and to provide certain public services; and WHEREAS, the specific public improvements and services a Metro District can provide are required by the Act to be described and authorized in the District’s organizing and governing document, known as the “service plan” (the “Service Plan”); and WHEREAS, the Service Plan governs the Metro District’s organization, powers and operation under the Act; and WHEREAS, the Act provides in C.R.S. Sections 32-1-204.5 and 32-1-205 that a Metro District cannot be organized and operated within a municipality unless the municipality’s governing body has first adopted a resolution approving the Service Plan for the proposed District; and WHEREAS, in July 2008, the City Council adopted Resolution 2008-069 in which it approved a policy setting forth the various guidelines, requirements, criteria and fees for the City’s consideration of the Service-Plan applications submitted to it (the “2008 Policy”); and WHEREAS, on February 5, 2019, City Council adopted Resolution 2019-016 approving the “City of Fort Collins Revised Policy for Reviewing Service Plans for Metropolitan Districts” setting forth revised guidelines, requirements, criteria and fees applicable to the City’s consideration of Service-Plan applications to replace and supersede those in the 2008 Policy (the “2019 Policy”); and WHEREAS, since the City Council’s adoption of the 2019 Policy, there have been media reports and citizen input raising concerns and questions about various taxation, debt, financial, legal and governance problems with those Metro Districts that have been organized within Colorado’s municipalities; and WHEREAS, based on these reports and input, the City Council is concerned that the current 2019 Policy may not be in the best interests of the City and its residents and so may need to be further revised to address these problems; and -2- WHEREAS, the City Council therefore directs the City Manager to have his staff investigate, research and seek public input regarding these problems, and any other problems they may identify, to develop and present to the City Council for its consideration, revisions to the 2019 Policy to ensure that future Service Plans approved by the City Council and Metro Districts organized within the City are in the best interests of the City and its residents; and WHEREAS, in order to give City staff a reasonable period of time to investigate, research, gather public input and develop any recommended revisions to the 2019 Policy for City Council’s consideration, the City Council hereby finds and determines that it is in the best interests of the City and its residents, and necessary for the public’s health, safety and welfare, to impose a moratorium on the City’s acceptance and processing of new Service-Plan applications under the 2019 Policy and the Act as hereafter provided, but this moratorium is not intended to apply to applications for amendments to Service Plans previously approved by City Council or to agreements with the City as contemplated under previously approved Service Plans; and WHEREAS, the City’s power to impose this moratorium is among its home rule powers granted to it in Article XX of the Colorado Constitution. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That a moratorium is hereby imposed on the City’s acceptance and processing of new Service-Plan applications under the 2019 Policy and the Act (the “Moratorium”). The Moratorium is not intended to apply to applications for amendments to Service Plans previously approved by City Council or to agreements with the City as contemplated under previously approved Service Plans. Section 3. That the Moratorium shall go into effect as the effective date of this Ordinance and shall terminate upon the earlier of the adoption by Council of an update to the 2019 Policy or January 31, 2021, unless sooner terminated by the City Council by resolution or ordinance. Introduced, considered favorably on first reading, and ordered published this 16th day of June, A.D. 2020, and to be presented for final passage on the 21st day of July, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk -3- Passed and adopted on final reading on the 21st day of July, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk purchased immediately south of the area across Kechter Road. • An Overall Development Plan (ODP) was approved for the south side of Harmony Road based on the requirement for 75% ‘Primary’ uses (non-retail employment and institutional uses). A Convenience Shopping Center was subsequently approved under the ODP as a ‘Secondary use’. The ODP presumes filling of ponds and complete reshaping of the floodplain. • An apartment complex was built at the southwest corner of Strauss Cabin Road. • Regional traffic volumes continue to increase on Harmony, Strauss Cabin, and Kechter Roads. 3 Packet Pg. 232 Attachment: Exhibit C (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) and decreasing competition for sales tax among regional cities and towns at their edges along I-25. • The retail industry saw the evolution of “big box” superstores, power centers, and lifestyle shopping centers, all serving an increasingly regional market. • In 2003, the Larimer County Events Center and the Centerra Lifestyle Shopping Center opened. • Retail/commercial activity and competition for sales tax has changed rapidly and becoming increasingly aggressive along the I-25 corridor. The interstate has become a focus of annexations and development, with advocates of regional metropolitan 3 Packet Pg. 231 Attachment: Exhibit C (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) Bend Natural Area. (With the exception of the commercial property abutting the northwest corner of the interchange which remains under County jurisdiction at the present time.) • The Transportation Transfer Center (TTC, aka park-n-ride), was built on the north side of Harmony Road, by the City and CDOT (on land purchased from the Natural Areas Program). The TTC and Arapaho Bend implemented ideas described protected wetland, wildlife and vegetative areas were described in the 3 Packet Pg. 230 Attachment: Exhibit C (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) The technical complexity of the water issues is beyond the scope of this plan, similar to the floodway issues noted above, and are interrelated with the floodway issues. For planning purposes, at least two of these ponds should be considered as likely to be completely changed, with exposed water significantly reduced by filling and grading. The habitat value associated with the ponds has been increasing with time as 3 Packet Pg. 229 Attachment: Exhibit C (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) The plan’s direction for additional work based on ‘Alternative A’ included a listing of Implementation Actions—giving direction on the additional work needed. Over the past 25-plus years, a large body of that work along with new information, changed conditions, developer initiatives, studies and analysis has led to this 2020 amendment which sets forth a vision to fulfill the direction of the original plan. 3 Packet Pg. 228 Attachment: Exhibit C (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) Packet Pg. 227 Attachment: Exhibit C (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) uses in the surrounding neighborhoods are maintained and enhanced. As business activity expands, new housing stock of a mix of types and densities is introduced as integral parts of the business and industrial parks and mixed use areas. 2 Packet Pg. 218 Attachment: Exhibit B (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) 2 Packet Pg. 217 Attachment: Exhibit B (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) effect of attracting other light industries and office users. The quality of recent commercial and 2 Packet Pg. 216 Attachment: Exhibit B (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) Attachment: Exhibit B (9199 : SR 044 Harmony Corridor ORD 2nd reading changes) Attachment: First Reading Agenda Item Summary, March 3, 2020 (w/o attachments) (9123 : SR 044 Harmony Gateway Plan) Family Center $42,432 $25,000 $17,432 59% The Salvation Army: Rent & Utility Assistance $20,000 $12,000 $8,000 60% Turning Point Center for Youth and Family Development: Crisis Intervention Services $30,000 $17,000 $13,000 57% Packet Pg. 146 $58,000 $30,000 $28,000 52% Ensight Skills Center: Low Vision Rehabilitation Program $15,640 $5,000 $10,640 32% Family Housing Network: Case Management Program $34,912 $30,000 $4,912 86% FOCO Café: Hospitality Specialist $7,000 $0 $7,000 0% Food Bank for Larimer County: Kids Café $30,000 $26,000 $4,000 87% Packet Pg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p 8QLWHG:D\RI/DULPHU&RXQW\ 727$/ $JHQF\ 3URMHFW 5HTXHVW 6FRUHFDUG5DQNLQJVIRU+XPDQ6HUYLFH3URSRVDOV 3HUFHQW)XQGHG 5(&200(1'(' )81',1* ATTACHMENT 4 8.4 United Way of Larimer County: 2-1-1 $10,000 $0 $10,000 0% United Way of Weld County: Coordinated Assessment & Housing Placement System (CAHPS) $20,000 $13,000 $7,000 65% Voices Carry Child Advocacy Center: Forensic Services $30,000 $15,000 $15,000 50% Volunteers of America: Handyman Program $15,800 $13,000 $2,800 82% 8 Packet Pg. 100 Easter Seals Colorado: Fort Collins Employment Services $10,000 $0 $10,000 0% Elderhaus Adult Day Program: Community Based Therapeutic Care $58,000 $30,000 $28,000 52% Ensight Skills Center: Low Vision Rehabilitation Program $15,640 $5,000 $10,640 32% Family Housing Network: Case Management Program $34,912 $30,000 $4,912 86% FOCO Café: Hospitality Specialist $7,000 $0 $7,000 0% Food Bank for Larimer County: Kids Café $30,000 $26,000 $4,000 87% 8 Packet Pg. 99 Coachlight, Conifer & Aztec $1,280,000 $ 0 $1,280,000 0% 8 Packet Pg. 98