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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 06/04/2019 - REGULAR MEETING City of F6rt Collins AGENDA Wade Troxell , Mayor City Council Chambers Kristin Stephens , District 4 , Mayor Pro Tern 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 4 , 2019 ( amended 6/4/2019 ) 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 : 15 p . m . A. Proclamation Declaring June 4 , 2019 as Dr. Larry Clark Day. B . Proclamation Declaring June as Men's Health Month . C . Proclamation Declaring June as LGBTQ Pride Month . D . Proclamation Declaring June as Bike Month . E . Proclamation Declaring June 7 , 2019 as Gun Violence Awareness Day. City of Fort Collins Page 1 Regular Meeting 6 : 00 p . m . • PLEDGE OF ALLEGIANCE • CALL MEETING TO ORDER • ROLL CALL • AGENDA REVIEW: CITY MANAGER • City Manager Review of Agenda . • Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be "pulled " off the Consent Calendar and considered separately. o Council- pulled Consent Calendar items will be considered before Discussion Items . o Citizen-pulled Consent Calendar items will be considered after Discussion Items . • PUBLIC COMMENT Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda . Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council . • Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes ) . • All speakers will be asked by the presiding officer to identify themselves by raising their hand , and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting ) . • The presiding officer will determine and announce the length of time allowed for each speaker. • Each speaker will be asked to state his or her name and general address for the record , and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk . • A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain , and will beep again and turn red when a speaker's time to speak has ended . [** For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City' s website at fcgov . com/developmentreview, or contact the Development Review Center at 221 -6750 . ] • PUBLIC COMMENT FOLLOW-UP City of Fort Collins Page 2 Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda . Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be " pulled " off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items . Items remaining on the Consent Calendar will be approved by City Council with one vote . The Consent Calendar consists of: • Ordinances on First Reading that are routine ; • Ordinances on Second Reading that are routine ; • Those of no perceived controversy; • Routine administrative actions . If the presiding officer determines that the number of items pulled from the Consent Calendar by citizens is substantial and may impair the Council 's ability to complete the planned agenda , the presiding officer may declare that the following process will be used to simplify consideration of the Citizen- Pulled Consent Items : ( 1 ) All citizen-pulled items (to be listed by number) will be considered as a group under the heading "Consideration of Citizen-Pulled Consent Items . " (2 ) At that time , each citizen wishing to speak will be given a single chance to speak about any and all of the items that have been moved to that part of the agenda . (3 ) After the citizen comments , any Councilmember may specify items from the list of Citizen -Pulled Consent Items for Council to discuss and vote on individually. Excluding those specified items , Council will then adopt all "Citizen -Pulled Consent Items" as a block, by a single motion , second and vote . (4 ) Any Citizen- Pulled Consent Items that a Councilmember has asked to be considered individually will then be considered using the regular process for considering discussion items . 1 . Consideration and Approval of the Minutes of the May 7 , and May 21 , 2019 , Regular Council Meetings . The purpose of this item is to approve the minutes from the May 7 and May 21 , 2019 Regular Council meetings. 2 . Second Readinq of Ordinance No . 066 , 2019 , Making Appropriations for a Federal Lobbying Contract Related to Regulation of Train Horn Noise . This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , appropriates $49 , 000 in order to enter into a lobbying contract with Squire Patton Boggs to achieve legislative or regulatory progress on reducing train horn noise in downtown Fort Collins . The City will enter into the lobbying contract without competition as permitted by Section 8- 161 (d )( 1 ) of the City Code . 3 . Items Relating to a Great Outdoors Colorado Grant Protect to Update the Parks and Recreation Policy Plan . A. Second Reading of Ordinance No . 067 , 2019 , Appropriating Unanticipated Revenue and Authorizing Transfers of Appropriations for a Great Outdoors Colorado Grant Project to Update the Parks and Recreation Policy Plan . B . Resolution 2019-067 Authorizing the City Manager to Enter into a Grant Agreement with the State Board of the Great Outdoors Colorado Trust Fund for the Receipt of Funds for the Project to Update the Parks and Recreation Policy Plan . City of Fort Collins Page 3 This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , appropriates unanticipated grant revenue awarded by Great Outdoors Colorado (GOCO ) to update the Parks and Recreation Policy Plan . The existing Parks and Recreation Policy Plan , dated October 2008 , requires periodic updating to reflect current conditions and address ongoing challenges of the Parks , Recreation , and Park Planning and Development departments . A GOCO Planning Grant application was submitted in November 2018 to supplement project funding . GOCO released notification of a $ 75 , 000 grant award for the project in March 2019 . Resolution 2019-067 authorizes the City Manager to execute an agreement to accept the grant award . 4 . Second Reading of Ordinance No . 068 , 2019 , Amending Section 23- 194 of the Code of the City of Fort Collins Regarding Natural Areas Permits . This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , modifies Chapter 23 , Section 194(b ) of the City Code to increase the time for the Natural Areas Director to review Special Use and Commercial Use permit requests from five business days to fifteen business days . 5 . Items Relating to Various Amendments to City Code Chapter 26 Pertaininq to Utility Services . A. Second Reading of Ordinance No . 069 , 2019 , Amending Section 26-491 of the Code of the City of Fort Collins to Add and Revise Definitions Related to the City's Stormwater System . B . Second Reading of Ordinance No . 070 , 2019 , Amending Section 26-391 of the Code of the City of Fort Collins to Add and Revise Definitions Related to the City' s Municipal Electric Utility System . These Ordinances , unanimously adopted on First Reading on May 21 , 2019 , update definitions in City Code Chapter 26 pertaining to Stormwater and Electric Utility Services . 6 . Second Reading of Ordinance No . 071 , 2019 , Approving the Second Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins- Loveland Municipal Airport, Now Known as the Northern Colorado Regional Airport. This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , staggers the terms of the citizen members appointed to the Northern Colorado Regional Airport Commission . The current adopted Amended and Restated Intergovernmental Agreement states that appointed citizen members' terms expire at the same time for all three of the appointed citizen members . The proposed Amendment to the IGA provides for initial terms beginning July 1 , 2019 for the three citizen members will be 2 years-Loveland appointed Citizen Member; 3 years- Fort Collins appointed Citizen Member; and 4 years-Joint Citizen Member. 7 . Second Reading of Ordinance No . 072 , 2019 , Designating the Kama l/Livingston Property, 608 West Laurel Street, Fort Collins , Colorado , as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins . This item is a quasi judicial matter and if considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1 (0 of the Council's Rules of Meeting Procedures adopted in Resolution 2019-064. This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , designates the Kamal/Livingston Property, 608 West Laurel Street, as a Fort Collins Landmark, for its early mid- century vernacular architecture with Colonial Revival details . This is a voluntary designation at the property owner' s request. The Landmark Preservation Commission unanimously recommends approving this landmark designation . City of Fort Collins Page 4 8 . Second Reading of Ordinance No . 073 , 2019 , Designating the Alfred Parker Duplexes I and 11 , 221 - 229 West Mulberry Street, Fort Collins , Colorado , as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins . This item is a quasi judicial matter and if considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1 (0 of the Council's Rules of Meeting Procedures adopted in Resolution 2019-064. This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , designates the Alfred Parker Duplexes I and 11 , 221 -229 West Mulberry Street, as a Fort Collins Landmark, for being rare examples of twin American Foursquare duplex architecture . This is a voluntary designation at the property owner's request . The Landmark Preservation Commission unanimously recommends approving this landmark designation . 9 . Second Readinq of Ordinance No . 074 , 2019 , Making Appropriations and Authorizing Transfers of Appropriations for the Lemay and Vine Intersection Improvements Project and Related Art in Public Places . This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , appropriates $9 . 1 M of Transportation Capital Expansion Fee (TCEF ) and Transportation Reserve Funds into the Capital Project Fund for the Lemay and Vine Intersection Improvements Project. In addition , this item will authorize the transfer of $91 , 000 , one percent of the appropriated funds , from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places . The overall project cost, including design , property acquisition , and construction , is estimated at $23 . 3M . The City has previously appropriated $3 . 7M , and this appropriation would add $9 . 1 M to the project. The remaining funding needed for the project is $ 10 . 5M in 2019 dollars . 10 . First Reading of Ordinance No . 075 , 2019 , Making Appropriations and Authorizing Transfers of Appropriations for the Drake Water Reclamation Facility Sidestream Treatment Project and Related Art in Public Places . The purpose of this item is to request an appropriation for additional funding for the Drake Water Reclamation Facility ( DWRF ) Sidestream Treatment Project. This request is necessary to complete the permit-required project within the required timeframe to meet DWRF' s National Pollution Discharge Elimination System ( NPDES ) phosphorus compliance schedule deadline of December 31 , 2020 . Successful operation of this infrastructure will also earn regulatory credits to delay future capital project expenses by upwards of 10 years . 11 . First Reading of Ordinance No . 076 , 2019 , Approving , Affirming and Ratifying Funding of the Non -City Share of the NECCO Protect by Offering to Owners and Developers of Property Within the NECCO Area a Proportionate Buy- In to Connect to the NECCO Protect. The purpose of this item is to adopt the cost share concept whereby development and redevelopment draining into the Northeast College Corridor Outfall ( NECCO) stormwater system are required to pay their proportional cost share of the NECCO improvements if they choose to use the NECCO system in lieu of constructing separate stormwater facilities . The NECCO stormwater system (or NECCO Project) was designed to provide an adequate stormwater outfall for the area north of Vine Drive and east of College Avenue in order to alleviate existing drainage problems and to facilitate development and redevelopment in the area . 12 . Items Relating to Various Amendments to the City of Fort Collins Land Use Code . ITEM WITHDRAWN FROM CONSIDERATION City of Fort Collins Page 5 ForstB . Rp.� rliniv of (1rrJinon /�p Alo (17R 'I Am rlinrr the rifii of Corf (�nllinc nrl I Ie Rea GGTP�T8, 2 T ,�TTTTeRdiRg t S �Rd U Land Use Cede Standards The purpGse of this item is tG adGpt a variety E)f revisions , GIaFifiGatiGRsand additiGRS tOthe Land Use Code that are generallyFGUtiRe OR nature that have beeR identified sinGe the last update On February ReGessar reviewed by the 7oniRg Board of Appeals 13 . First Reading of Ordinance No . 079 , 2019 , Authorizing Execution of a Deed of Dedication to the City of Loveland for the Extension of Rockwell Avenue Across Jointly Owned City and City of Loveland Property at the Northern Colorado Regional Airport . The purpose of this item is to dedicate to the City of Loveland the right-of-way for extension of Rockwell Avenue across jointly owned Airport property. 14 . Resolution 2019-068 Approving Fort Fund Grant Disbursements . The purpose of this item is to approve Fort Fund grants from the Cultural Development and Programming and Tourism Programming Accounts for the selected community events , based upon the recommendations of the Cultural Resources Board . 15 . Resolution 2019-069 Naming the Gardens on Spring Creek Pavilion in Honor of the Everitt Family. The purpose of this item is to approve proposed donor recognition for the Pavilion at the Gardens on Spring Creek. The Friends of the Gardens Board of Directors and Gardens staff have raised $375 , 000 towards completion of the Pavilion and five acres of new gardens and would like to name the pavilion in honor of Bob and Joyce Everitt. 16 . Resolution 2019-070 Accepting a Proposed Donation of a Sculpture to be Placed at the Gardens on Spring Creek. The purpose of this item is to accept the donation of a bronze sculpture of Bob and Joyce Everitt that was created for the Garden on Spring Creek . 17 . Resolution 2019-071 Authorizing the Assignment of the City's Private Activity Bond Allocation for 2019 to Housing Catalyst to Finance the New Construction of Affordable Housing Units . The purpose of this item is to support the new construction of an affordable housing development, to be located at 140 East Oak Street, by assigning the City's 2019 Private Activity Bond allocation . 18 . Items Relating to the Shared Use of Regional Broadband Transport and Access Services . A. Resolution 2019-072 Authorizing the Execution of an Intergovernmental Agreement Between the City and the City of Loveland for the Shared Use of Regional Broadband Transport and Access Services . B . Resolution 2019-073 Authorizing the Execution of an Intergovernmental Agreement Between the City and the Town of Estes Park for the Shared Use of Regional Broadband Transport and Access Services . The purpose of this item is to consider two resolutions related to intergovernmental agreements authorizing the shared regional Broadband Transport and Access services with the City of Loveland and Town of Estes Park . City of Fort Collins Page 6 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. Alternative Fuel Equipment Conversion . (staff: Mike Brunkhardt, Jason Komes ) B . Community Dashboard Metric: Response Time for Graffiti Removal . (staff: Larry Schneider) • COUNCILMEMBER REPORTS • CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS Discussion Items The method of debate for discussion items is as follows : • Mayor introduces the item number, and subject ; asks if formal presentation will be made by staff • Staff presentation (optional ) • Mayor requests citizen comment on the item (three minute limit for each citizen ) • Council questions of staff on the item • Council motion on the item • Council discussion • Final Council comments • Council vote on the item Note : Time limits for individual agenda items may be revised , at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room , The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker's time . 19 . Items Relating to the Completion of the 2019 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 Consistently Therewith . (staff: Adam Molzer; 5 minute staff presentation ; 30 minute discussion ) A. Public Hearing and Resolution 2019-074 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 . 080 , 2019 , Appropriating Unanticipated Revenue in the Community Development Block Grant Fund . C . Public Hearing and First Reading of Ordinance No . 081 , 2019 , Appropriating Unanticipated Revenue in the HOME Investment Partnerships Fund . City of Fort Collins Page 7 The purpose of this item is to approve funding recommendations of the 2019 Spring Cycle of the Competitive Process and appropriate federal dollars . Resolution 2019-074 completes the 2019 Spring Cycle of the Competitive Process for allocating $ 3 , 602 , 625 in City financial resources to affordable housing and public facility projects , human service programs and administration of the programs . Ordinance No . 080 , 2019 , appropriates the City's FY2019 CDBG Entitlement Grant and CDBG program income and CDBG Reconciled funds from FY2017 and FY2018 . Ordinance No . 081 , 2019 appropriates the City's FY2019 HOME Participating Jurisdiction Grant from the Department of Housing and Urban Development ( HUD ) . 20 . Items Relating to Regulating Electric Scooters . (staff: Amanda Mansfield , Paul Sizemore ; 10 minute staff presentation ; 30 minute discussion ) A. First Reading of Ordinance No . 082 , 2019 , Amending the Fort Collins Traffic Code Relating to Electric Scooters . B . First Reading of Ordinance No . 083 , 2019 , Amending Chapter 24 of the Code of the City of Fort Collins Relating to Parking of Electric Scooters . The purpose of this item is to amend the Traffic Code and City Code relating to the regulation of the operation and parking of electric scooters . These amendments will treat electric scooters the same as bicycles and electrical assisted bicycles (with three exceptions ) and adds a definition of electric scooter that is consistent with HB 19- 1221 and regulates the parking of electric scooters . • CONSIDERATION OF CITIZEN -PULLED CONSENT ITEMS • OTHER BUSINESS A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council 's Policy Agenda or initiated by staff. ) B . Consideration of a motion to cancel the June 18 , 2019 Regular Council Meeting . " I move that Council cancel its regular meeting of June 18 , 2019 , pursuant to City Code Section 2- 28(a ) , due to the Colorado Municipal League Annual Conference . " • ADJOURNMENT Every Council meeting will end no later than 10 : 30 p . m . , except that : ( 1 ) any item of business commenced before 10 : 30 p . m . may be concluded before the meeting is adjourned and (2 ) the City Council may, by majority vote , extend a meeting until no later than 12 : 00 a . m . for the purpose of considering additional items of business . Any matter which has been commenced and is still pending at the conclusion of the Council meeting , and all matters scheduled for consideration at the meeting which have not yet been considered by the Council , will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting . City of Fort Collins Page 8 City of Fort Collins PROCLAMATION WHEREAS , national research facilities contribute to economic vitality and growth in our community by conducting wide-ranging basic and applied research that results in scientific and commercializable research advancements ; and WHEREAS , the National Wildlife Research Center, located in Fort Collins, is the research arm of the USDA APHIS Wildlife Services Program and is dedicated to finding solutions to challenging wildlife damage management problems related to agriculture, natural resources, property and human health and safety; and WHEREAS , Dr. Larry Clark, Lab Director of the National Wildlife Research Center, has been recognized as Lab Director of the year out of over 300 federal labs across the United States by the Federal Laboratory Consortium for his creativity and tenacious work to commercialize helpful solutions to put research into real-world use and move new technologies into the marketplace; and WHEREAS , Dr. Clark and his team provide federal leadership and expertise to help resolve conflicts between people and wildlife in developing tools that help protect agricultural and natural resources from damaging wildlife and predators, as well as help producers be more productive in their efforts to feed and clothe the world; and WHEREAS , the recognition of Dr. Clark' s accomplishments is but one example of the synergy between federal labs supported by taxpayers and economic vitality when research is conducted in our community. NOW, THEREFORE , I, Kristin Stephens, Mayor Pro Tern of the City of Fort Collins, do hereby declare June 4, 2019 as DR. LARRY CLARK DAY and congratulate Dr. Clark on his outstanding work and contributions at the National Wildlife Research Center. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 4th day of June, A.D . 2019 . ATTEST : Mayor Pro Tem City Clerk Packet Pg . 9 City of Fort Collins PROCLAMATION WHEREAS , despite advances in medical technology and research, men continue to live an average of five years less than women, with Native American and African American men having the lowest life expectancy; and WHEREAS , educating the public and health care providers about the importance of a healthy lifestyle and early detection of male health problems will result in reducing rates of mortality from disease ; and WHEREAS , men who are educated about the value that preventive health will be more likely to participate in health screenings ; and WHEREAS , fathers who maintain a healthy lifestyle are role models for their children and have happier, healthier children; and WHEREAS, the goal of Men' s Health Month is to heighten awareness of preventable health problems and encourage early detection and treatment of disease among men and boys ; and WHEREAS, Men ' s Health Month will focus on a broad range of men ' s health issues, including heart disease, mental health, diabetes, and prostate, testicular and colon cancer; and WHEREAS, the citizens of Fort Collins are encouraged to Wear Blue for Men 's Health to increase awareness of the importance of a healthy lifestyle, regular exercise, and medical check-ups. NOW, THEREFORE , I, Kristin Stephens, Mayor Pro Tem of the City of Fort Collins, do hereby proclaim June as MEN ' S HEALTH MONTH in Fort Collins and encourage our community to pursue preventative health practices and early detection efforts . IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 4th day of June, A.D . 2019 . Mayor Pro Tern ATTEST : City Clerk Packet Pg . 10 City of Fort Collins PROCLAMATION WHEREAS, City Council and staff have committed to make 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 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, all members of the Fort Collins community, including those who are lesbian, gay, bisexual, transgender, queer or questioning, intersex and asexual have the right to feel safe, not be discriminated against and to live without the threat of harassment; and WHEREAS, the City has established the LGBTQIA+ Advisory Committee ; as well as an LGBTQ+ liaison in both Police Services, Human Resources and at the Executive level; and WHEREAS , the City has added protections for LGBTQ+ individuals and families, including partner health benefits and an inclusive employee nondiscrimination policy; and WHEREAS , supporting Fort Collins ' LGBTQ+ community also 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, and acceptance . NOW THEREFORE, I, Kristin Stephens, Mayor Pro Tem of the City of Fort Collins, do hereby declare the month of June 2019 as LGBTQ PRIDE MONTH IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 4th day of June, A.D . 2019 . Mayor Pro Tem ATTEST : City Clerk Packet Pg . 11 City of Fort Collins PROCLAMATION WHEREAS, thousands of Fort Collins residents will experience the joys of bicycling during the month of June through educational programs, commuting events, races, groups rides, or just getting out and going for a ride; and WHEREAS , Fort Collins encourages the increased use of the bicycle, benefiting all citizens by fostering physical and mental health, improving air quality, reducing traffic congestion and noise, decreasing the use of and dependence upon finite energy sources; and WHEREAS , the City of Fort Collins recognizes the use of bicycles as a viable mode of transportation, endeavors to promote safe and responsible bicycling and is committed to incorporating the development of bicycle facilities; and WHEREAS, our City maintains nearly 280 miles of bikeway network which attract thousands of bicyclists each year; and WHEREAS , Fort Collins is nationally recognized as one of only five Platinum Level Bicycle Friendly Communities, as designated by the League of American Bicyclists ; and WHEREAS , Fort Collins was recognized as the second-best city in the nation for bicycling by PeopleForBikes in May 2019, further reflecting the City' s commitment to making Fort Collins a vibrant, multi-modal destination; and WHEREAS, FC Moves, the Bicycle Ambassador Program, Safe Route to School, and other local businesses and organizations will be promoting bicycling as a viable means of transportation during the month of June 2019 . NOW, THEREFORE, I, Kristen Stephens, Mayor Pro Tem of the City of Fort Collins, do hereby proclaim the month of June 2019 as BIKE MONTH in Fort Collins and I encourage citizens to try bicycling as a sensible mode of transportation or recreation and to participate in the many events planned for the summer months, particularly, the 32nd annual Bike to Work Day on June 26 . IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 4th day of June, A.D . 2019 . ATTEST : Mayor Pro Tem City Clerk Packet Pg . 12 City of/00 Fort Collins PROCLAMATION WHEREAS , National Gun Violence Awareness Day is June 7, 2019, and WHEREAS , every day, 100 Americans are killed by gun violence and on average there are nearly 13 ,000-gun homicides every year; and WHEREAS , Americans are 25 times more likely to be killed with guns than people in other high-income countries ; and WHEREAS , support for the Second Amendment rights of law-abiding citizens goes together with keeping guns away from people with dangerous histories; and WHEREAS , in January 2013 , Hadiya Pendleton, a teenager who marched in President Obama ' s second inaugural parade and was tragically shot and killed just weeks later; and WHEREAS , to help honor Hadiya — and the 100 Americans whose lives are cut short and the countless survivors who are injured by shootings every day — a national coalition of organizations has designated June 7 , 2019, the first Friday in June, as the 5th National Gun Violence Awareness Day; and WHEREAS , anyone can join this campaign by pledging to wear orange; they chose this color because hunters wear orange to announce themselves to other hunters when out in the woods and orange is a color that symbolizes the value of human life; and WHEREAS , we renew our commitment to reduce gun violence and pledge to do all we can to keep firearms out of the wrong hands and encourage responsible gun ownership to help keep our children safe. NOW, THEREFORE , I, Kristin Stephens, Mayor Pro Tem of the City of Fort Collins, do hereby proclaim June 7, 2019 as NATIONAL GUN VIOLENCE AWARENESS DAY in the city of Fort Collins to prevent the tragic effects of gun violence and to honor and value human lives. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 4th day of June, A.D. 2019 . ATTEST : Mayor City Clerk Packet Pg . 13 Agenda Item 1 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Delynn Coldiron , City Clerk SUBJECT Consideration and Approval of the Minutes of the May 7 , and May 21 , 2019 , Regular Council Meetings . EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the May 7 and May 21 , 2019 Regular Council meetings . ATTACHMENTS 1 . May 7 , 2019 ( PDF ) 2 . May 21 , 2019 ( PDF ) Item # 1 Page 1 Packet Pg . 14 1 . a May 7 , 2019 COUNCIL OF THE CITY OF FORT COLLINS , COLORADO Council -Manager Form of Government Regular Meeting — 6 : 00 PM • ROLL CALL PRESENT : Pignataro , Gorgol , Gutowsky, Summers , Stephens , Troxell , Cunniff Staff Present : Atteberry, Daggett , Coldiron • AGENDA REVIEW : CITY MANAGER City Manager Atteberry withdrew Item No . 11 , Resolution 2019-057 Making Appointments to the Citizen Review Board, the Natural Resources Advisory Board, the Senior Advisory Board and the Women 's Commission of the City of Fort Collins , from the agenda. • PUBLIC COMMENT TOM LO Sandy Lemburg commented on a Municipal Court case relating to a sweep of the Harmony Park and Ride which resulted in individuals sleeping in cars being charged, whereas truckers sleeping in their trucks were left alone. He also commented on a denied public record request and stated he would like City leaders to look into the situation. Eric Sutherland discussed Connexion rates and stated Longmont customers will be paying, at a c minimum, $5 less just for the purposes of debt service than a Fort Collins customer. He requested 00 Council examine how Fort Collins customers can pay lower rates . T' 0 N Fred Kirsch, Fort Collins Community for Sustainable Energy, discussed the organization and its ti goal to provide support for sustainable energy policies . He stated their current campaign is to CU develop a program that maximizes rooftop and parking lot solar potential in a financially sustainable and socially equitable manner. His group is examining the leasing of school rooftops a by the Fort Collins Utilities for solar panels. U �a Hannah Little, Fort Collins Women's Commission, announced Women's Health Week and Q discussed the importance of education related to women's health. Colleen Conway, Human Relations Commission, read a memo presented to Council welcoming the new Councilmembers and discussing the role of the Human Relations Commission. Eva Arneson, Human Relations Commission, continued reading the memo , requesting Council take a lead role in addressing hate-related incidents in the community. Cindy Davis, Human Relations Commission, continued reading the memo , requesting Council remain committed to creating an inclusive environment in which all citizens are welcomed, valued, and affirmed. Shana Ryken, Women's Commission, announced Women's Health Week and discussed a recent forum on women's health. City of Fort Collins Page 135 Packet Pg . 15 1 . a May 7, 2019 Ethan (no last name given) congratulated the new Councilmembers and encouraged Council to explore a solar on school roofs program being proposed the Community for Sustainable Energy. Chris McCullough, Fort Collins Running Club, stated he has been trying to work with CSU to allow public use of the renovated track on campus and suggested the City construct a track of its own for public use. Sherilyn Comer stated she would like Ordinance No . 042 , 2019 , regarding yard fire pits, repealed. Allison Pankoff discussed the growth of homelessness in Fort Collins and requested Council examine additional affordable housing options . Dave Peterson opposed the passage of the yard fire pit restrictions . Christin Topping opposed the passage of the yard fire pit restrictions and discussed the failed petition effort to get it repealed. Andrew Dewey discussed traffic and speeding near the area of Country Club Road and Lemay N Avenue . LO ti Nancy York stated she is eager to hear about upcoming Council priorities and suggested hot water could be turned off in City buildings to help conserve natural gas . Sarah Haffin expressed concern about equity in the community and discussed ways in which the City's climate goals can be reached while maintaining equitability. She supported the Community for Sustainable Energy proposal to install solar on school roofs . 00 T • PUBLIC COMMENT FOLLOW-UP N ti Mayor Troxell summarized the citizen comments . CU Mayor Pro Tern Stephens thanked the speakers and discussed the importance of women's health. She thanked the members of the Human Relations Commission who spoke and noted Council E discussed equity and inclusivity during its retreat and those issues will be priorities of this Council . M Q Mayor Troxell thanked the speakers, particularly those who admitted it was their first time speaking. • CONSENT CALENDAR Mayor Pro Tern Stephens made a motion, seconded by Council member Cunniff, to adopt and approve all items not withdrawn from the Consent Agenda. City of Fort Collins Page 136 Packet Pg . 16 1 .a May 7, 2019 RESULT : CONSENT CALENDAR ADOPTED [UNANIMOUS] MOVER : Kristin Stephens , District 4 SECONDER : Ross Cunniff, District 5 AYES : Pignataro , Gorgol , Gutowsky, Summers , Stephens , Troxell , Cunniff 1 . Consideration and Approval of the Minutes from the March 5 , March 19 and April 16, 2019 Regular Council Meetings , the March 26, 2019 Adjourned Council Meeting and the April 23 , 2019 Special Council Meeting . (Adopted ) The purpose of this item is to approve the minutes from the March 5 , March 19, and April 16 , 2019 Regular Council meetings, the March 26 , 2019 Adjourned Council meeting and the April 23 , 2019 Special Council meeting . . 2 . Second Reading of Ordinance No . 059 , 2019 , Appropriating Prior Year Reserves and Unanticipated Revenue in the General Fund for Cultural Development and Programming Activities , Tourism Programming , and Convention and Visitor Program Services . (Adopted ) This Ordinance , unanimously adopted on First Reading on April 16 , 2019 , appropriates $667 , 926 , of TOM which $240 , 792 is proposed for 2019 Cultural Development and Programming Activities ( Fort Fund ) , N $28 , 558 is proposed for 2019 Tourism Programming ( Fort Fund ) , and $398 , 576 is proposed for 2019 LO rZ Convention and Visitors Program activities , from a combination of Unanticipated Revenue ( Lodging Tax) and Prior Year Reserves ( unspent appropriations) in the General Fund Lodging Tax Reserves . Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and Tourism = programming activities . Anticipated revenue is projected through each Budgeting for Outcomes ( BFO) cycle and then adjusted annually as needed based on actual collections . Lodging tax revenue M collected in 2018 was $569 , 394 above projected collections . 00 3 . Second Reading of Ordinance No, 060 , 2019 , Making Appropriations and Authorizing Transfers r' of Appropriations for the Suniga Road Improvements Project and Related Art in Public Places . N (Adopted) r� �a This Ordinance , unanimously adopted on First Reading on April 16 , 2019 , appropriates $ 170 , 550 into the Capital Project Fund for the Suniga Road Improvements Project. The City collected these funds as payment in lieu for a development's local street frontage improvements associated with Suniga Road . In addition , this item will authorize the transfer of $ 1 , 705 , one percent of the appropriated funds , from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places . Y Q This project will construct Suniga Road to the City' s four-lane arterial roadway standards between North College Avenue and Blondel Street as identified on the City's Master Street Plan . Improvements include raised , protected bike lanes , pedestrian facilities , transit facilities , utility infrastructure , roadway improvements , and landscaped medians and parkways . The project will complement the existing section of Suniga Road , providing connectivity for surrounding developments from North College Avenue to Redwood Street. This project was approved during the 2017/2018 Budgeting for Outcomes ( BFO) process and will be constructed this year. 4 . Second Reading of Ordinance No. 061 , 2019 , Making Appropriations and Authorizing Transfers of Appropriations for the Willow Street Improvements Project and Related Art in Public Places . (Adopted ) This Ordinance , unanimously adopted on First Reading on April 16 , 2019 , appropriates $435 , 000 of Downtown Development Authority ( DDA) funds , $40 , 364 of Transportation Capital Expansion Fee (TCEF ) funds , and $4 ,439 of Transportation Reserves into the Capital Project Fund for the Willow Street Improvements Project. In addition , this item will authorize the transfer of $4 , 755 , from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places . City of Fort Collins Page 137 Packet Pg . 17 1 .a May 7, 2019 This project will design and construct roadway and urban design improvements along Willow Street between North College Avenue and Linden Street, including a pedestrian plaza at the northern corner of Willow Street and Linden Street . The overall project budget is $4 . 3 million , and construction is scheduled to begin in the summer 2019 . This project was approved through the Community Capital Improvements Program (CCIP ) tax initiative . 5 . Second Reading of Ordinance No . 062 , 2019, Amending Chapter 2 of the Code of the City of Fort Collins to Establish Council Expectations Regarding Action by Boards and Commissions and Member Participation . (Adopted ) This Ordinance , unanimously adopted on First Reading on April 16 , 2019 , amends City Code to provide guidelines on board or commission member participation that require members not to abstain in items they are participating in ; an abstain vote will be treated as a yes vote . Conflict of Interest guidelines continue as they currently exist. 6 . Second Readinq of Ordinance No, 063, 2019 Amending the Code of the City of Fort Collins to Direct Mixed Construction and Demolition Materials to the Future Larimer County Construction and Demolition Waste Processing Facility, Upon Its Completion . (Adopted ) This Ordinance , unanimously adopted on First Reading on April 16 , 2019 , amends City Code to direct all mixed loads of construction and demolition waste to a future County-owned sorting facility, once LO that facility is built. Adopting the recommended building code changes would cause Larimer County to begin development of a sorting/recycling facility for construction and demolition waste . n m 7 . First Reading of Ordinance No, 064, 2019 , Appropriating Prior Year Reserves for Natural Areas Programming Not Included in the 2019 Adopted City Budget. (Adopted ) _ The purpose of this item is to appropriate $ 10 , 215 , 000 in prior year reserves and unanticipated revenues in the Natural Areas Fund . These appropriations are for land conservation and 00 restoration of wildlife habitat, as well as other Natural Areas Department programs to benefit the citizens of Fort Collins . TMM 0 N 8 . First Reading of Ordinance No, 065 , 2019 , Vacating Portions of Hobbit Street Right -of-Way East r; of Shields Street. (Adopted ) The purpose of this item is to vacate a portion of the Hobbit Street right-of-way that was originally intended to be built in connection with the Young 's Creek development plan (Young ' s Creek) . Young 's E Creek would have extended Hobbit Street from its current termination north into its development but was never constructed and has since expired . With the approval of the Landmark Apartments Y Expansion project in place of Young 's Creek , the constructed portion of Hobbit Street (which is not Q being vacated ) will be terminated into a cul -de-sac at its current location . 9 . Resolution 2019-055 Authorizing the City Manager to Execute an Agreement Between the City of Fort Collins , the East Larimer County Water District, the Fort Collins -Loveland Water District, and the North Weld County Water District Regarding a Study Related to a Temporary Shutdown of the Horsetooth Reservoir Soldier Canyon Outlet. (Adopted ) The purpose of this item is to execute an intergovernmental agreement between the City of Fort Collins and the Tri-Districts ( Fort-Collins Loveland , East Larimer County, and North Weld County water districts ) to evaluate alternate water supplies and risk mitigation strategies during an October 2020 planned 45-day shutdown of the Soldier Canyon Dam water supply line from Horsetooth Reservoir to the two drinking water treatment plants serving the City of Fort Collins and surrounding areas . City of Fort Collins Page 138 Packet Pg . 18 1 .a May 7, 2019 10 . Resolution 2019-056 Supporting the Grant Application by Fort Collins Utilities for the United States Department of the Interior, Bureau of Reclamation 's WaterSMART Grant and Authorizing the City Manager to Execute Agreements Regarding Such a Grant. (Adopted ) The purpose of this item is to request City Council support to pursue a United States Bureau of Reclamation WaterSMART Grant: Small Scale Water Efficiency Projects for Fiscal Year 2019 . If awarded , Fort Collins Utilities , through its Water Conservation Division , would use the funds to support commercial -scale waterwise transformations in partnership with homeowners' associations (" HOAs15 ) and commercial customers . Reclamation requires a resolution of City Council support be submitted as part of the grant application package . The Resolution demonstrates that the applicant has support from its governing board to carry out the grant agreement, if awarded . 11 . Resolution 2019-057 Makinq Appointments to the Citizen Review Board , the Natural Resources Advisory Board , the Senior Advisory Board and the Women 's Commission of the City of Fort Collins . (Withdrawn ) The purpose of this item is to appoint individuals to fill vacancies that currently exist on the Citizen Review Board , the Natural Resources Advisory Board , the Senior Advisory Board , and the Women 's Commission . The vacancy on the Citizen Review Board is due to the election of Julie Pignataro as the Councilmember for District 2 who served on the Commission until being sworn in on April 23 , 2019 . The vacancy on the Natural Resources Board is due to the resignation of Luke Caldwell . The vacancy LO on the Senior Advisory Board is due to the resignation of Alan Beatty. The vacancy on the Women 's Commission is due to the election of Emily Gorgol as the Councilmember for District 6 who served on n the Women 's Commission until being sworn in on April 23 , 2019 . • END CONSENT c0 M • CONSENT CALENDAR FOLLOW-UP 000 rn Council member Cunniff commented on Item No . 6, Second Reading of Ordinance No. 063, 2019 N Amending the Code of the City of Fort Collins to Direct Mixed Construction and Demolition Materials to the Future Larimer County Construction and Demolition Waste Processing Facility, Upon Its Completion, stating it will set into motion a series of events that will lead to recycling of a much larger amount of construction materials . E • STAFF REPORTS Y Q A. Community Dashboard Metric: Electric System Average Interruption Duration Index (SAIDI ) (staff: Tim MCollough , Neal May) Kevin Gertig, Utilities Executive Director, stated providing reliable electric service is crucial to Fort Collins' economic health. Neal May, Senior Electrical Engineer, stated SAIDI ( System Average Interruption Duration Index), is a calculation of the total number of outage minutes over a period of time divided by the number of system customers . The indicator provides the average outage length for all customers over a certain period; therefore, lower numbers are better. He discussed average regional SAIDI performance and goals set by the American Public Power Association and stated Fort Collins has been performing below the long-term goal for nearly two years now and is an industry leader in electric system reliability. May stated the largest cause of outages is equipment failure and discussed the ways in which staff has addressed those failures . He also detailed proactive efforts made to reduce outages . City of Fort Collins Page 139 Packet Pg . 19 1 . a May 7, 2019 Councilmember Cunniff commended the proactive efforts of Utilities staff. Mayor Pro Tern Stephens asked for the phone number for customers to call if they experience a power outage. Lisa Rosintoski, Utilities Customer Connections, replied the best number to call is 212-2900 . She also noted all outages are placed on the City's website. Mayor Troxell asked how a system is defined. May replied this metric looks at all of the Utilities customers ; however, other more specific metrics exist. Mayor Troxell noted a distributed electric system works differently and asked if metrics exist to address that system moving forward. May replied the industry has yet to account for that in reliability numbers ; however, Fort Collins Light and Power has been working on creating metrics that include and consider distributed energy resources . Rosintoski discussed a future automated outage notification system that will utilize the advanced metering system. TOM B . Community Dashboard Metric: Affordable Housing Inventory (staff: Tyler Marr, Sue Beck- Ferkiss) n ti Sue Beck-Ferkiss, Social Policy and Housing Program Manager, stated this metric is related to n affordable housing inventory and utilizes the affordable housing strategic goals and the pipeline of expected affordable unit production. 2018 was the first year in which the goal of the affordable = housing strategic plan was exceeded. The City's overarching goal is to achieve 10% affordable housing by the projected buildout of the city in 2040 . 00 o 0 Council member Gorgol asked about the 825 -unit gap and what has led to its increase over time. Beck-Ferkiss replied the affordable housing goals were established with the intent to increase the o ratio of affordable to all housing inventory by 1 % for each plan leading up to buildout. She `" acknowledged it was a lofty goal and stated additional tools may be necessary to achieve the full CU amount of the goal. c a� • COUNCILMEMBER REPORTS E U Councilmember Summers reported on the Center for Family Outreach, the Northern Colorado Q National Day of Prayer, the public employee recognition, and the tourism breakfasts events. Mayor Pro Tern Stephens reported on the La Familia breakfast, the Family Leadership Training Institute panel discussion, and the Mental Health Policy Council meeting. Mayor Troxell reported on the North I-25 Regional Corridor Coalition and the Tri-District Water meetings. He noted this is the first regular meeting of this Council and discussed the weekend's Council retreat and identification of Council priorities . He reported on the Government Hero for Homeless Families award received from the Family Housing Network. Councilmember Pignataro reported on the upcoming MAX 5 -year anniversary party and homeless solutions forum. City of Fort Collins Page 140 Packet Pg . 20 1 . a May 7, 2019 • DISCUSSION ITEMS 12 . Resolution 2019 -058 Naminq Three Downtown Alleys Within the Block Bounded by South Colleqe Avenue , West Oak Street, South Mason Street and West Mountain Avenue and Renaminq a Local Street. (Adopted ) The purpose of this item is to name three downtown alleys that have recently been improved by the Downtown Development Authority. The three alleys are located within the block bounded by South College Avenue, West Oak Street, South Mason Street and West Mountain Avenue. Additionally, staff requests that Pinon Street, a local street, be renamed to West Suniga Road. The proposed alley names are Beardmore Alley, Godinez Alley and Reidhead Alley. Ted Shepard, Chief Planner, stated this Resolution would name three publicly dedicated alleys and rename a short segment of Pinon Street to West Suniga Road. Shepard detailed the locations of the alleys and stated the three proposed names for the alleys came from the list established for naming arterials and collectors; are Beardmore, Godinez, and Reidhead Alleys . Shepard discussed the contributions of these individuals to the community. Shepard stated the renaming of Pinon Street will provide consistency with the Suniga Road N alignment. Lo ti Bob Komives supported the Reidhead Alley naming and stated all three proposed names represent pioneers in the shaping of the downtown area. Donna Reidhead supported the proposed alley names and discussed the history of Dick Beardmore and Jim Reidhead's contributions to the community. 0 0 Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt a, Resolution 2019-058 . N ti Councilmember Cunniff supported the Resolution and noted the downtown area would not be what ca it is without the efforts of these three individuals and families . _ Councilmember Summers supported the Resolution and commended the contributions of the E individuals and families . U �a Mayor Pro Tem Stephens thanked the families and discussed the visionary leadership of the Q individuals . Councilmember Gutowsky commended the families' contributions and the efforts at alley improvements . Mayor Troxell supported the Resolution and discussed the contributions of the individuals to this community and others . RESULT: RESOLUTION 2019-058 ADOPTED [UNANIMOUS] MOVER : Kristin Stephens , District 4 SECONDER : Ross Cunniff, District 5 AYES : Pignataro , Gorgol , Gutowsky, Summers , Stephens , Troxell , Cunniff City of Fort Collins Page 141 Packet Pg . 21 1 . a May 7, 2019 13 . Resolution 2019=059 Revising the List of Names for Arterial and Collector Streets. (Adopted) The purpose of this item is to update the list of names for arterial and collector streets in accordance with City Code Section 24-91 . Ted Shepard, Chief Planner, stated this item updates the list of names for arterial and collector streets addressing the gender imbalance and increasing the total number of names from 76 to 116 . Brandon Mau discussed his grandmother, June Sullivan, and her contributions to the community in terms of starting the first hospice organization in Fort Collins . Councilmember Summers thanked Mr. Mau for his comments and asked to ensure her name be placed on the list. Shepard replied staff is aware of Ms . Sullivan's accomplishments and her name was considered with much enthusiasm. Unfortunately, it duplicates an existing street name in another community in the County; therefore, LETA will not allow the name. He suggested other means of recognizing her contributions . Councilmember Cunniff asked Mr. Mau for an additional comment. Mr. Mau replied his grandmother's maiden name was Silliman and suggested that could possibly be added to the list. U) Councilmember Cunniff requested that name be added for consideration. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Pignataro, to adopt Resolution 2019-059 . Mayor Pro Tern Stephens thanked Shepard for the presentation and efforts at gender-balancing the c list. She also thanked the Women's Commission for its research. 00 CD Councilmember Cunniff suggested the possibility of a process modification to incorporate maiden N names to help expand the list. rk ca Councilmember Gorgol thanked Shepard and stated she was on the Women's Commission when it researched additional names for the list. E Mayor Troxell asked if staff has full biographies of all the individuals on the list. Shepard replied U in the affirmative and outlined the process for updating the list. Q Councilmember Pignataro asked if the list and biographies are available to the public. Karen McWilliams, Historic Preservation Planner, replied it is currently available at the Museum of Discovery or through several published books; however, staff will be attempting to post the information online in the future . RESULT : RESOLUTION 2019 -059 ADOPTED [UNANIMOUS] MOVER : Kristin Stephens , District 4 SECONDER : Julie Pignataro AYES : Pignataro , Gorgol , Gutowsky, Summers, Stephens , Troxell , Cunniff • OTHER BUSINESS City Manager Atteberry announced Ted Shepard's retirement and commended his decades of work for the City and profound impact on Fort Collins . City of Fort Collins Page 142 Packet Pg . 22 1 .a May 7, 2019 Mayor Troxell discussed some of Shepard's many contributions to the City. • ADJOURNMENT The meeting adjourned at 8 : 15 PM. Mayor ATTEST : City Clerk `�" LO co M O O O O N ti _ N t V Q City of Fort Collins Page 143 Packet Pg . 23 1 . b May 21 , 2019 COUNCIL OF THE CITY OF FORT COLLINS , COLORADO Council -Manager Form of Government Regular Meeting — 6 : 00 PM • ROLL CALL PRESENT : Pignataro , Gorgol , Gutowsky, Summers , Stephens , Troxell , Cunniff Staff present: Atteberry, Daggett , Knoll • AGENDA REVIEW : CITY MANAGER City Manager Atteberry stated Item No . 7, First Reading of Ordinance No. 071, 2019, Approving the Second Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport, Now Known as the Northern Colorado Regional Airport, includes an amended agreement and the Resolution for Item No . 11 , Resolution 2019-061 Authorizing the City Manager to Sign a Master Lease Agreement with Zayo Group LLC for Sprint Small Wireless Communication Equipment Attachments on City Facilities in Public `O Rights-of- Way, has been amended to add the word "proposed" before "master license agreement". LO He noted Item No . 12, Resolution 2019-063 Authorizing the City Manager to Enter into an 0 Agreement with the Poudre School District R-I for the School Resource Officer Program updates an existing agreement and adds two corporals to the program. City Manager Atteberry also stated Item No . 17, Resolution 2019-065 Making Board and o Commission Liaison and Council Committee Assignments and Making Appointments to Various 00 External Boards and Authorities, includes a revised Resolution and noted staff is encouraging c Council to not appoint a City/CSU liaison role at this point pending discussions with the new CSU N president. cm �a • PUBLIC COMMENT a� Alan Braslau stated his property, a local Fort Collins landmark, was recently placed on the National Historic Register. He commended intern Kylie Cole on her report and presentation. ca a Jeremy (no last name given) congratulated the new Councilmembers and encouraged Council to avoid spraying for mosquitos in the city. Adam Lovell opposed the use of herbicides in City parks and urged Council to educate itself on the dangers of herbicides and pesticides . He also requested the City put out a pesticide application schedule as it does an herbicide schedule . Mary Elise congratulated the new Councilmembers and encouraged the formation of a more robust Climate Action Plan and opposed the spraying of pesticides and herbicides in the city. Thomas Edwards requested the Mayor not use his name prior to him speaking. He stated he recently moved to a gas heated residence but stated the City has mislead the electric ratepayers in all electric units . He asked when the Spring Creek Trail at Riverside will be completed and commented on the dangers of Laurel Street. City of Fort Collins Page 144 Packet Pg . 24 1 . b May 21, 2019 Jessica MacMillan, Parks and Recreation Board Chair, welcomed the new Councilmembers and commended the City staff in the Parks and Recreation areas . • PUBLIC COMMENT FOLLOW-UP Mayor Troxell summarized the citizen comments . Councilmember Cunniff asked how cars parked in bike lanes, such as those on Laurel Street, are addressed. City Manager Atteberry replied he would discuss that with staff and provide a follow- up memo . Councilmember Cunniff stated he will be looking into the pesticide concerns and asked if a weekly pesticide schedule could be provided to the public . City Manager Atteberry replied that information is well tracked and could likely be provided to the public . He noted Mike Calhoon and his staff are attempting to reduce the use of herbicides and pesticides and he could provide a report for Council . He also stated Council will be receiving a reminder on the City's West Nile policy and practices this week. TMM N LO • CONSENT CALENDAR N Mayor Troxell noted Item Nos . 8, First Reading of Ordinance No. 072, 2019, Designating the Kamal/Livingston Property, 608 West Laurel Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins, and 9, First Reading of Ordinance No. 073, 2019, Designating the Alfred Parker Duplexes I and II, 221 -229 West o Mulberry Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of 00 the Code of the City of Fort Collins , are public hearings . a) N Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky to adopt and approve all items on the Consent Agenda as amended in the packet. RESULT : CONSENT CALENDAR ADOPTED [UNANIMOUS] MOVER : Kristin Stephens , District 4 E SECONDER : Susan Gutowsky, Councilmember AYES : Pignataro , Gorgol , Gutowsky, Summers , Stephens , Troxell , Cunniff a 1 . Second Reading of Ordinance No, 064, 2019, Appropriating Prior Year Reserves for Natural Areas Programming Not Included in the 2019 Adopted City Budget. (Adopted ) This Ordinance , unanimously adopted on First Reading on May 7 , 2019 , appropriates $ 10 , 215 , 000 in prior year reserves and unanticipated revenues in the Natural Areas Fund . These appropriations are for land conservation and restoration of wildlife habitat, as well as other Natural Areas Department programs to benefit the citizens of Fort Collins . 2 . Second Reading of Ordinance No . 065, 2019, Vacating Portions of Hobbit Street Right -of-Way East of Shields Street. (Adopted ) This Ordinance , unanimously adopted on First Reading on May 7 , 2019 , vacates a portion of the Hobbit Street right-of-way that was originally intended to be built in connection with the Young 's Creek development plan . Young 's Creek would have extended Hobbit Street from its current termination north into its development but was never constructed and has since expired . With the approval of the City of Fort Collins Page 145 Packet Pg . 25 1 . b May 21, 2019 Landmark Apartments Expansion project in place of Young 's Creek , the constructed portion of Hobbit Street (which is not being vacated ) will be terminated into a cul-de-sac at its current location . 3 . First Reading of Ordinance No . 066, 2019, Making Appropriations for a Federal Lobbying Contract Related to Regulation of Train Horn Noise . (Adopted ) The purpose of this item is to appropriate $49 , 000 in order to enter into a lobbying contract with Squire Patton Boggs to achieve legislative or regulatory progress on reducing train horn noise in downtown Fort Collins . The City will enter into the lobbying contract without competition as permitted by Section 8- 161 (d ) ( 1 ) of the City Code . 4 . First Reading of Ordinance No . 067 , 2019 , Appropriating Unanticipated Revenue and Authorizing Transfers of Appropriations for a Great Outdoors Colorado Grant Project to Update the Parks and Recreation Policy Plan . (Adopted) The purpose of this item is to appropriate unanticipated grant revenue awarded by Great Outdoors Colorado (GOCO ) to update the Parks and Recreation Policy Plan . The existing Parks and Recreation Policy Plan , dated October 2008 , requires periodic updating to reflect current conditions and address ongoing challenges of the Parks , Recreation , and Park Planning and Development departments . A GOCO Planning Grant application was submitted in November 2018 to supplement project funding . N GOCO released notification of a $75 , 000 grant award for the project in March 2019 . A grant agreement n to accept the grant award is pending , and a resolution authorizing the City Manager to sign the agreement will accompany this Ordinance on Second Reading . y a� 5 . First Reading of Ordinance No. 068 , 2019 , Amending Section 23 -194 of the Code of the City of ' Fort Collins Regarding Natural Areas Permits . (Adopted) The purpose of this item is to modify Chapter 23 , Section 194 ( b ) of the City Code increasing the time c for the Natural Areas Director to review Special Use and Commercial Use permit requests from five 00 business days to fifteen business days . a, 0 6 . Items Relating to Various Amendments to City Code Chapter 26 Pertaining to Utility Services . N (Adopted) A. First Reading of Ordinance No . 069 , 2019 , Amending Section 26-491 of the Code of the City of Fort Collins to Add and Revise Definitions Related to the City's Stormwater System . m B . First Reading of Ordinance No . 070 , 2019 , Amending Section 26-391 of the Code of the City of Fort Collins to Add and Revise Definitions Related to the City' s Municipal Electric Utility System . a The purpose of this item is to make revisions , clarifications and additions to update definitions in City Code Chapter 26 pertaining to Stormwater and Electric Utility Services . 7 . First Reading of Ordinance No, 071 , 2019 , Approving the Second Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins - Loveland Municipal Airport, Now Known as the Northern Colorado Regional Airport. (Adopted) The purpose of this item is to stagger the terms of the citizen members appointed to the Northern Colorado Regional Airport Commission . The current adopted Amended and Restated Intergovernmental Agreement states that appointed citizen members ' terms expire at the same time for all three of the appointed citizen members . City of Fort Collins Page 146 Packet Pg . 26 1 . b May 21, 2019 8 . First Reading of Ordinance No . 072 , 2019, Designating the Kamal/Livingston Property, 608 West Laurel 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 considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1 (e) of the Council's Rules of Meeting Procedures adopted in Resolution 2018-034. The purpose of this item is to consider the request for landmark designation of the Kamal/Livingston Property, 608 West Laurel Street , for its early mid -century vernacular architecture with Colonial Revival details . This is a voluntary designation at the property owner's request. The Landmark Preservation Commission unanimously recommends approving this landmark designation . 9 . First Reading of Ordinance No . 073 , 2019 , Designating the Alfred Parker Duplexes I and II , 221 - 229 West Mulberry 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 considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1 (e) of the Council 's Rules of Meeting Procedures adopted in Resolution 2018-034. N LO The purpose of this item is to consider the request for landmark designation of the Alfred Parker Duplexes I and II , 221 -229 West Mulberry Street, as rare examples of twin American Foursquare ` I duplex architecture . This is a voluntary designation at the property owner' s request. The Landmark Y Preservation Commission unanimously recommends approving this landmark designation . 10 . Resolution 2019-060 Authorizing the City Manager to Sign a Master Lease Agreement with Smartlink for AT&T Small Wireless Communication Equipment Attachments on City Facilities o in Public Rights of Way (Adopted) 00 TOM The purpose of this item is to authorize the City Manager to enter into a Master License Agreement o with Smartlink , working on behalf of AT&T , concerning the use of the City's infrastructure and rights - N of-way for small cellular equipment and associated uses . 11 . Resolution 2019-061 Authorizing the City Manager to Sign a Master Lease Agreement with Zavo Group LLC for Sprint Small Wireless Communication Equipment Attachments on City Facilities in Public Rights-of-Way. (Adopted ) E The purpose of this item is to authorize the City Manager to enter into a Master License Agreement with Zayo , working on behalf of Sprint, concerning the use of the City's infrastructure and rights-of-way Q for small cellular equipment and associated uses . 12 . Resolution 2019-063 Authorizing the City Manager to Enter into an Agreement with the Poudre School District R-1 for the School Resource Officer Program . (Adopted ) The purpose of this item is to authorize the City Manager to enter into an Intergovernmental Agreement ( IGA) between the Poudre School District R- 1 ( District) and the City of Fort Collins , on behalf of Fort Collins Police Services ( FCPS) which updates , replaces and supersedes the previous IGA and continues the School Resource Officer (SRO ) Program . 13 . Resolution 2019-062 Appointing Brandi Lynn Nieto as an Assistant Municipal Judge of the Fort Collins Municipal Court and Authorizing the Execution of an Employment Agreement. (Adopted ) The purpose of this item is to appoint Brandi Lynn Nieto as an Assistant Municipal Judge for the Fort Collins Municipal Court. The City Charter provides for the appointment of judges of the Municipal Court for two (2 ) year terms . Chief Judge Kathleen M . Lane recommends that Ms . Nieto be appointed as a City of Fort Collins Page 147 Packet Pg . 27 1 . b May 21 , 2019 second Assistant Municipal Judge , to serve in the absence of the Chief Judge and Assistant Judge Teresa Ablao . 14 . Resolution 2019-064 Adopting Amended Rules of Procedure Governing the Conduct of City Council Meetings and Council Work Sessions . (Adopted ) The purpose of this item is to update the Rules of Procedure for Council meetings and work sessions to clarify various public hearing processes and provide an option for adoption of the Consent Calendar if 4 or more items are pulled . • END CONSENT • STAFF REPORTS A. School Resource Officer Program . (staff: Jeff Swoboda) Police Chief Swoboda provided a brief overview of the School Resource Officer (SRO) program. Sergeant Laura Lunsford stated there are currently 11 SROs and one sergeant covering 38 schools �, and 25 ,000 students . The three goals of the program are to provide a safe learning environment, LO have school/law enforcement collaboration, and improve relationships between students, staff andLO law enforcement. SROs serve teacher and informal counselor roles as well as the law enforcement Cn role. c Lunsford detailed active shooter training for officers and discussed the training provided to school staff. Two Corporal positions will be added in the 2019-2020 school year. o 00 Councilmember Summers asked how the school training program has been developed. Lunsford TOM replied the standard response protocol is currently being used; it teaches "run, hide, fight". N T N Mayor Pro Tern Stephens commended the work of the program. Councilmember Gorgol thanked Lunsford for her work and commended involving students . She asked if other similarly sized districts have more staff available for this program. Lunsford replied it varies from area to area, but Fort Collins is on par with most other communities . Ca Councilmember Gutowsky expressed appreciation for the relationships being formed as a result of Q the program. She noted those relationships carry into the community as children grow older. Councilmember Cunniff requested additional information regarding the non-law enforcement roles of the SROs. Lunsford replied a strong match between the schools and the SRO is desired during SRO placement and strong relationships are formed. Mayor Troxell commended the presentation and program. • COUNCILMEMBER REPORTS Councilmember Summers reported on the Lesher Bike to School Day and a day he spent teaching at Fort Collins High School. City of Fort Collins Page 148 Packet Pg . 28 1 . b May 21, 2019 Mayor Pro Tem Stephens reported on the Women's Commission breakfast for board and commission members. She also reported on the Northern Colorado Law Enforcement Training Center groundbreaking and the five-year MAX anniversary. Councilmember Pignataro reported on the MAX anniversary, City Works 101 graduation, and Water Literate Leaders of Northern Colorado class. Councilmember Gutowsky reported on the five-year MAX anniversary, Homeless Forum, and Community Equity Consortium. Mayor Troxell reported on the Kids in the Park day at Twin Silo Park, the CM Cares presentations as part of CSU's construction management program, and the recognition of the City by Housing Catalyst at the opening of the Village on Horsetooth. • DISCUSSION ITEMS 15 . Resolution 2019-066 Adopting of FoCo Creates Arts and Culture Master Plan . (Adopted as T Amended) N LO The purpose of this item is to request adoption of the FoCo Creates Arts and Culture Master Plan. LO FoCo Creates Arts and Culture Master Plan is a 10-year plan illustrating the community's vision for 0 the future of the arts, culture and creative sector and providing policy and implementation recommendations. Kelly DiMartino, Senior Assistant City Manager, discussed the new FoCo Creates Arts and Culture Master Plan, stating it is a ten-year plan for the city's arts, culture, and creative sectors. Mc 00 Jim McDonald, Cultural Services Director, stated this plan provides policy and implementation recommendations. He discussed the process of the plan formation and its vision statement which N focuses on equity and inclusivity, diversity of cultural offerings, comprehensive cultural efforts, and experience with the arts throughout the daily lives of citizens. Brian Hughes, Open Stage Theatre and Fort Collins Performing Arts Consortium, supported adoption of the Master Plan. E Cynthia Eichler, Visit Fort Collins, supported adoption of the Master Plan. Q Peggy Lyle, Downtown Fort Collins Creative District, supported adoption of the Master Plan. Mary Kopco, Fort Collins Symphony, supported adoption of the Master Plan. Kit Baker supported adoption of the Master Plan and the hiring of a new Community Programs Manager. Councilmember Summers commended McDonald on his work on the Plan. Councilmember Pignataro commended the work on the Plan and asked if hiring the Creative Director position is part of this Plan. McDonald replied that is a recommendation within the Plan but is not part of the adoption of the Plan, which includes no financial ties as it is only policy. Councilmember Gutowsky commended the Plan. City of Fort Collins Page 149 Packet Pg . 29 1 . b May 21, 2019 Councilmember Cunniff commended the community members on their participation in the process and stated he supports most of the Plan. He expressed concern about including a specific mention of using sales tax as a source of ongoing funding and suggested language replacing "incentivize" with "partner with" . He also requested an additional language change related to identifying opportunities rather than barriers . Councilmembers discussed the wording changes . McDonald discussed the proposed language changes noting the overall goal is enhancement and the elimination of barriers to culture and the arts . Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2019 -066, as amended to include Councilmember Cunniff s suggestions . Mayor Pro Tem Stephens supported the proposed language changes and commended the Plan. Councilmember Cunniff thanked Council for considering his changes and commended the Plan's framework. LO Mayor Troxell commended the Plan and stated he would support its adoption enthusiastically. Lo City Attorney Daggett reviewed the proposed language changes . RESULT : RESOLUTION 2019-066 ADOPTED AS AMENDED [ UNANIMOUS] MOVER : Kristin Stephens , District 4 c SECONDER : Ross Cunniff, District 5 00 AYES : Pignataro , Gorgol , Gutowsky, Summers , Stephens , Troxell , Cunniff 0 N 16 . First Reading of Ordinance No, 074, 2019 , Making Appropriations and Authorizing Transfers of �, Appropriations for the Lemay and Vine Intersection Improvements Project and Related Art in Public Places . (Adopted on First Reading ) The purpose of this item is to appropriate $9. 1 M of Transportation Capital Expansion Fee (TCEF) and Transportation Reserve Funds into the Capital Project Fund for the Lemay and Vine Intersection Improvements Project. In addition, this item will authorize the transfer of $91 , 000, one percent of the appropriated funds, from the Capital Project Fund to the Cultural Services and Facilities Fund for Art Q in Public Places. The overall project cost, including design, property acquisition, and construction, is estimated at $23. 3M. The City has previously appropriated $3. 7M, and this appropriation would add $9. 1 M to the project. The remaining funding needed for the project is $ 10. 5M in 2019 dollars. Chad Crager, City Engineer, stated this item is a request for appropriation for the next phase of the Vine/Lemay realignment project, which is the number one transportation capital improvement project for the City. This appropriation will allow the project to be completed more quickly and at an overall lower cost. Tim Kemp, Engineering Capital Projects Program Manager, stated this is an appropriation of $9 . 1 million of transportation capital expansion fee reserves which have previously been collected through development impact fees and must be spent on transportation improvements that add capacity to the network. Kemp showed photos of the area and discussed the issues with train City of Fort Collins Page 150 Packet Pg . 30 1 . b May 21, 2019 blockages and associated traffic delays . He noted these delays have a negative impact on mobility, air quality, and historic character of the area communities . Kemp detailed the proposed project and phasing plan, noting this appropriation will allow the project to be completed one year sooner and completing another portion of the work at today's dollars would be a benefit. The Council Finance Committee considered this item and supported it being brought before the full Council for consideration. Mayor Pro Tern Stephens asked how the design is being sensitive to the historic neighborhoods, particularly the bridge aspect. Kemp replied early public outreach efforts have shown residents would like a softer heavily planted side slope and stated ongoing conversations will be occurring with residents . Mayor Pro Tern Stephens requested staff provide simulations from neighboring properties for those owners . Councilmember Pignataro commended the idea of the project getting done earlier at a lower cost. LO N Councilmember Cunniff asked about the estimate of cost savings . Crager replied it is about three to five percent, depending on the year the final funding becomes available. L? N Councilmember Cunniff suggested acoustic modeling of the train horns with this structure in place. 5 Mayor Troxell asked if the grade separation would eliminate the need for the train horn altogether. Kemp replied that while the grade separation would be new, the existing Vine/Lemay intersection o would be open necessitating a train horn at that crossing. He stated there is a possibility of 00 implementing a quiet zone in the area. a) N Mayor Troxell asked what is envisioned at the Suniga intersections . Kemp replied the intersection at realigned Lemay and Suniga would be the new major intersection replacing the existing Vine and Lemay and Suniga will intersect with old Lemay as part of a potential new development project. E Councilmember Cunniff asked about restricting truck traffic on the old Lemay. City Manager CU Atteberry replied it will be a local street and any necessary measures will be taken to ensure that Q occurs . Joe Olson, City Traffic Engineer, replied local streets discourage truck traffic and it will be designed as such. Councilmember Gorgol asked about the main concerns heard from neighbors . Kemp replied most individuals are just curious about the completion of the project and design of 91h Street. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Pignataro, to adopt Ordinance No . 074, 2019, on First Reading. Councilmember Cunniff stated he would support this as it is a good use of the capital expansion fee. Mayor Troxell stated he would support the motion and commended Mayor Pro Tern Stephens' idea about providing simulated perspectives for neighboring properties. City of Fort Collins Page 151 Packet Pg . 31 1 . b May 21 , 2019 City Manager Atteberry committed that staff will continue to report back to Council on project financing as well as community outreach. Councilmember Gutowsky asked about the timeline for the completion of Sugar Beet Park versus the completion of the roadway. Crager replied the park will be completed prior to the realigned Lemay project. City Manger Atteberry stated the soonest the Lemay project would be funded, unless Council opted for a process outside the normal budgeting process, would be in the 2021 -2022 budget. RESULT: ORDINANCE NO, 074, 2019 ADOPTED ON FIRST READING [UNANIMOUS] MOVER : Kristin Stephens , District 4 SECONDER : Julie Pignataro AYES : Pignataro , Gorgol , Gutowsky, Summers , Stephens , Troxell , Cunniff 17 . Resolution 2019-065 Making Board and Commission Liaison and Council Committee Assignments and Making Appointments to Various External Boards and Authorities . (Adopted) r N_ The purpose of this item is to make Councilmember liaison assignments to City boards and "' commissions and to Council Committees and to make appointments to external boards and authorities LO on behalf of the City. Councilmember Cunniff suggested he and Councilmember Summers be appointed to the CML c Policy Committee . Councilmember Pignataro suggested Councilmember Gorgol be the new Women's Commission CD liaison. 0 0 Councilmember Gorgol stated she would be interested in being the liaison for either the Poudre `q Heritage Alliance or Poudre Fire Authority. �a Councilmember Summers stated he would like to remain on the Poudre Fire Authority Board but would be willing to give up other liaison roles . E Councilmember Pignataro stated she would give her Poudre School District liaison role to ca Councilmember Gorgol. Q Mayor Pro Tern Stephens suggested Councilmember Gorgol could be an alternate for the Larimer County Behavioral Health Policy Council. City Attorney Daggett reviewed the assignments as discussed. Mayor Pro Tern Stephens offered Councilmember Gorgol the Human Relations Commission liaison role. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2019-065 as amended. City of Fort Collins Page 152 Packet Pg . 32 7 .b May 21, 2019 RESULT : RESOLUTION 2019 -065 ADOPTED [UNANIMOUS] MOVER : Kristin Stephens , District 4 SECONDER : Ross Cunniff, District 5 AYES : Pignataro , Gorgol , Gutowsky, Summers , Stephens , Troxell , Cunniff • OTHER BUSINESS Councilmember Cunniff requested and received Council support to begin further dialogue around community comment with respect to zoning change requests and development review. He would like an understanding of cities that allow citizen feedback via email or other means compared to how many cases have been successfully litigated and overturned. City Attorney Daggett stated there may not be enough of a body of case law to provide much of a pattern; however, staff can research the issue and return to Council with that information. Councilmember Pignataro requested information about public outreach related to avoiding r mosquito breeding areas as part of the mosquito spraying memo . L , ti A. Consideration of a motion to go into executive session . L? N Mayor Pro Tern 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 Il, Section 11 (2), City Code Section 2-31 (a)(2) and Colorado Revised Statutes Section 24-6- o 402(4)(b) : 00 1 . Specific legal questions related to pending litigation regarding the City' s Public Nudity N Ordinance; and r N 2 . The manner in which particular policies, practices or regulations of the City related to public nudity may be affected by existing or proposed provisions of federal, state or local law; and c 3 . Specific legal questions related to pending litigation regarding the City' s approval of a E minor amendment authorizing the Mennonite Fellowship external locker facility; and CU 4 . The manner in which particular policies, practices or regulations of the City related to the Q Mennonite Fellowship external locker facility 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, Councilmember AYES : Pignataro , Gorgol , Gutowsky, Summers , Stephens , Troxell , Cunniff 18 . Possible Motion Directing the City Attorney on Next Steps Related to Litigation Regarding the City ' s Public Nudity Ordinance . (Adopted ) The purpose of this item is for Council to provide possible direction to the City Attorney on the next steps she should take related to pending litigation challenging the City's public nudity ordinance. City of Fort Collins Page 153 Packet Pg . 33 1 . b May 21, 2019 Rich Stave discussed the U. S . and State constitutions and citizen values addressing freedom, liberty, fairness, openness, equality, choice, alignment, quality of life, creativity, safety, business, discrimination, accuracy, and retribution. He discussed public nudity related to these factors . Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to direct the City Attorney to negotiate with the plaintiffs attorneys in the case of FTN versus City of Fort Collins in order to pursue potential settlement of the matter and report back to Council on the outcome of those negotiations while continuing to take such steps as the City Attorney determines are necessary to preserve the City's ability to appeal the United States 1Oth Circuit Court of Appeals decision in this case to the United States Supreme Court. Mayor Troxell stated he would oppose the motion as previous Councils have taken a stand in good faith regarding the ordinance that was adopted. He stated he would prefer the U. S . Supreme Court review. Councilmember Cunniff stated he would support the motion as there are other options available to protect the public interest. r N LO Mayor Pro Tern Stephens stated it is not in the interest of the City to continue with this litigation. LO Councilmember Gutowsky stated she would oppose the motion stating it is in the City's best interest to protect the original ordinance . Councilmember Summers stated he would oppose the motion and concurred with Councilmember Gutowsky. He stated this is no longer just a Fort Collins issue and stated the ruling of the loth CD Circuit Court is an anomaly from other District Courts around the country. a) 0 Councilmember Gorgol stated she would support the motion as this is an equality issue. C4 T N Councilmember Pignataro stated she would support the motion. RESULT: ADOPTED [4 TO 3] _ MOVER : Kristin Stephens, District 4 E SECONDER : Ross Cunniff, District 5 AYES : Pignataro, Gorgol , Stephens , Cunniff `a NAYS : Gutowsky, Summers , Troxell Q City of Fort Collins Page 154 Packet Pg . 34 1 . b May 21, 2019 • ADJOURNMENT The meeting adjourned at 9 : 54 PM . Mayor ATTEST : City Clerk TMM LO ti Lo N N 7 �O M O O O O N N C d L C� a City of Fort Collins Page 155 Packet Pg . 35 Agenda Item 2 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Tyler Marr, Senior Project Manager Chris Van Hall , Legal SUBJECT Second Reading of Ordinance No . 066 , 2019 , Making Appropriations for a Federal Lobbying Contract Related to Regulation of Train Horn Noise . EXECUTIVE SUMMARY This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , appropriates $49 , 000 in order to enter into a lobbying contract with Squire Patton Boggs to achieve legislative or regulatory progress on reducing train horn noise in downtown Fort Collins . The City will enter into the lobbying contract without competition as permitted by Section 8- 161 (d )( 1 ) of the City Code . STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading . ATTACHMENTS 1 . First Reading Agenda Item Summary, May 21 , 2019 ( PDF ) 2 . Ordinance No . 066 , 2019 ( PDF ) Item # 2 Page 1 Packet Pg , 36 ATTACHMENT 1 2' 1 Agenda Item 3 AGENDA ITEM SUMMARY May 21 , 2019 City Council - L f+ STAFF = O (U Tyler Marr, Senior Project Manager c Chris Van Hall , Legal M O J SUBJECT FU m First Reading of Ordinance No . 066 , 2019 , Making Appropriations for a Federal Lobbying Contract Related to um Regulation of Train Horn Noise . m N O EXECUTIVE SUMMARY Z _ The purpose of this item is to appropriate $49 , 000 in order to enter into a lobbying contract with Squire Patton Boggs to achieve legislative or regulatory progress on reducing train horn noise in downtown Fort Collins . The City will enter into the lobbying contract without competition as permitted by Section 8- 161 (d )( 1 ) of the City Code . co STAFF RECOMMENDATION M O Staff recommends adoption of the Ordinance on First Reading . °.° rn BACKGROUND / DISCUSSION N The City has been pursuing a reduction in train horn noise through the downtown core for many years , most N notably in the form of a quiet zone , which would allow train operators to refrain from blasting horns at every crossing . These efforts have been met with resistance , challenges , and roadblocks from the Federal Railroad Administration ( FRA) , who has to date proven unwilling to work collaboratively, or evaluate federal law beyond a very strict and narrow interpretation . The City has been denied a waiver to the requirement for gates along the E Mason corridor despite evidence of meeting safety criteria and has been unable to get firm next steps from FRA E on what might be alternative solutions that they would consider. y E City Council and staff have worked with the federal government through multiple angles , including seeking r' support of appointed officials from both the Obama and Trump administrations . These efforts have resulted in additional conversations with the FRA but have not produced meaningful results . Recent visits to Washington , D . C . included conversations with our Congressional delegation and members of the Trump administration Q indicating that a legislative approach could be the most expedient way to see relief. With multiple opportunities to include language in upcoming federal legislation , such as the reauthorization of the surface transportation act ( FAST) , the Fiscal Year 2020 federal budget process , or a potential infrastructure deal , staff believes it is an appropriate time to engage outside help to achieve legislative results . A federal LA could assist in trying to make progress on multiple fronts , including : LL • An appropriations provision prohibiting federal funds to enforce FRA requirements related to our efforts ; • An exemption from the regulations for receiving a Quiet Zone from FRA; and E • A permanent exemption via legislation that effectively establishes a Quiet Zone via Congress . Staff has identified Squire Patton Boggs ( SPB ) as a preferred provider for lobbying services to address these Q opportunities . The City will enter into the lobbying contract pursuant to Section 8- 161 (d )( 1 ) of the City Code , because there exists more than one responsible source , a competitive process cannot reasonably be used or, if Item # 3 Page 1 Packet Pg . 37 2. 1 Agenda Item 3 used , will result in a substantially higher cost to the City, will otherwise injure the City' s financial interests or will substantially impede the City's administrative functions or the delivery of services to the public. The City works with the firm on other projects - currently and most notably Halligan Reservoir efforts - and SPB has a national team (including expertise in railroad issues) that we believe can help secure necessary sponsors and supporters for relevant legislation . SPB has proposed a one-year retainer with the City at the cost of $7 , 000 monthly , or $84 , 000 for a twelve-month engagement, however, the City will only be entering into the contract for seven `YL° months at a cost of $49 , 000 , with an option to extend the contract if Council subsequently approves an additional = 0 $35 , 000 for another five months of engagement. Staff will bring this proposed additional funding in the 2020 U budget revision process . SPB and staff believe this is enough time to make substantial progress on the legislative 0 rM and regulatory fronts . Staff plans to begin work with SPB immediately upon securing an appropriation , so as to not miss timely opportunities in the Congressional calendar. m CITY FINANCIAL IMPACTS m UM a) Staff has identified the General Fund reserves as a source for the needed $49 , 000 because the debt service N payments related to the financing of the 1 -25/Project and Regional Police Training Facility projects was $350 , 000 z less than originally budgeted for. The $49 , 000 to cover costs under this contract for 2019 will be deducted from = this $350 , 000 savings and the remainder of the contract costs will be captured in the 2020 budget revision process . c0 co 0 ti M O 00 O O N N T ns E E 7 N E a) _ a) 01 Q 01 _ N V1 i LL _ a) E t V ns Q Item # 3 Page 2 Packet Pg . 38 2.2 ORDINANCE NO, 066, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPROPRIATIONS FOR A FEDERAL LOBBYING CONTRACT RELATED TO REGULATION OF TRAIN HORN NOISE WHEREAS , the City has been trying to achieve a reduction in train horn noise through the downtown core for many years, most notably in the form of attempting to establish a quiet zone along the Mason corridor, which would prohibit train operators traveling along the Mason corridor L from using train horns within the established quiet zone, except in rare circumstances ; and c U WHEREAS , despite various attempts, the City has not been successful in establishing a c quiet zone along the Mason corridor due to the way the Federal Railroad Administration (the "FRA") interprets relevant regulations ; and 0 WHEREAS , the City has not been able to obtain further direction from the FRA on what might be a workable solution to establish a quiet zone along the Mason corridor; and a� N WHEREAS , after further discussion with representatives of Congress and members of the z Trump administration, it appears the best solution to establish a quiet zone along the Mason c corridor would be to pursue various legislative solutions through Congress that may allow the City to establish a quiet zone or to otherwise reduce train horn noise through the downtown core ; and 0 WHEREAS , staff has evaluated prospective providers of lobbying services and has co identified Squire Patton Boggs (SPB) as the preferred provider to help secure necessary sponsors M and support for a legislative solution to the train horn noise issue; and 00 ,. WHEREAS , this Ordinance appropriates $49,000 for 2019 lobbying services from SPB for N seven months, with an option to extend the contract for an additional five months if Council subsequently appropriates an additional $35 ,000 in the 2020 budget revision process, or otherwise ; o and 6 z as WHEREAS , staff plans to begin work with SPB immediately upon securing an appropriation, so as to not miss timely opportunities in the Congressional calendar; and O WHEREAS, this appropriation serves the public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of reducing noise pollution within the City' s downtown core; and WHEREAS , Article V, Section 9 of the City Charter permits the City Council to Q appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS , the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the General - 1 - Packet Pg . 39 2.2 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. 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 General Fund the sum of FORTY NINE THOUSAND DOLLARS ($49 ,000) for expenditure in the General v Fund for a Federal Lobbying Contract with Squire Patton Boggs related to Train Horn Noise. c Introduced, considered favorably on first reading, and ordered published this 21 st day of c May, A.D . 2019 , and to be presented for final passage on the 4th day of June, A.D . 2019 . �j L Mayor N 'o ATTEST : z M co co 0 Chief Deputy City Clerk co ti M O Passed and adopted on final reading on the 4th day of June, A.D . 2019 . °�° 0 0 N �O �O O O Mayor Pro Tem Z ATTEST : �a O City Clerk E U Q -2- Packet Pg . 40 Agenda Item 3 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Suzanne Bassinger, Civil Engineer III Kurt Friesen , Director of Park Planning & Development Jody Hurst, Legal SUBJECT Items Relating to a Great Outdoors Colorado Grant Project to Update the Parks and Recreation Policy Plan . EXECUTIVE SUMMARY A. Second Reading of Ordinance No . 067 , 2019 , Appropriating Unanticipated Revenue and Authorizing Transfers of Appropriations for a Great Outdoors Colorado Grant Project to Update the Parks and Recreation Policy Plan . B . Resolution 2019-067 Authorizing the City Manager to Enter into a Grant Agreement with the State Board of the Great Outdoors Colorado Trust Fund for the Receipt of Funds for the Project to Update the Parks and Recreation Policy Plan . This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , appropriates unanticipated grant revenue awarded by Great Outdoors Colorado (LOCO ) to update the Parks and Recreation Policy Plan . The existing Parks and Recreation Policy Plan , dated October 2008 , requires periodic updating to reflect current conditions and address ongoing challenges of the Parks , Recreation , and Park Planning and Development departments . A GOCO Planning Grant application was submitted in November 2018 to supplement project funding . GOCO released notification of a $75 , 000 grant award for the project in March 2019 . Resolution 2019-067 authorizes the City Manager to execute an agreement to accept the grant award . STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading and the Resolution . ATTACHMENTS 1 . First Reading Agenda Item Summary, May 21 , 2019 (w/o attachments) (PDF ) 2 . Ordinance No . 067 , 2019 ( PDF ) Item # 3 Page 1 Packet Pg . 41 ATTACHMENT 1 3 . 1 Agenda Item 4 AGENDA ITEM SUMMARY May 21 2019 CouncilCity _ a m STAFF Suzanne Bassinger, Civil Engineer III a Kurt Friesen , Director of Park Planning & Development +, Jody Hurst, Legal 'L^ V O SUBJECT 0 C9 First Reading of Ordinance No . 067 , 2019 , Appropriating Unanticipated Revenue and Authorizing Transfers of Appropriations for a Great Outdoors Colorado Grant Project to Update the Parks and Recreation Policy Plan . O EXECUTIVE SUMMARY 00 M O The purpose of this item is to appropriate unanticipated grant revenue awarded by Great Outdoors Colorado 00 (GOCO) to update the Parks and Recreation Policy Plan . The existing Parks and Recreation Policy Plan , dated N October 2008 , requires periodic updating to reflect current conditions and address ongoing challenges of the Parks , Recreation , and Park Planning and Development departments . A GOCO Planning Grant application was submitted in November 2018 to supplement project funding . GOCO released notification of a $75 , 000 grant award for the project in March 2019 . A grant agreement to accept the grant award is pending , and a resolution cYc authorizing the City Manager to sign the agreement will accompany this Ordinance on Second Reading . c 0 STAFF RECOMMENDATION 3 o� Staff recommends adoption of the Ordinance on First Reading . c�•i BACKGROUND / DISCUSSION �a The Parks and Recreation Policy Plan is the guiding document for the Parks , Recreation and Park Planning and Development departments . Updates to the Policy Plan are scheduled on a regular basis to reflect then-current conditions and address evolving needs of the community and the departments . The existing Parks and E Recreation Policy Plan was adopted October 2008 and requires updating . 0 W CITY FINANCIAL IMPACTS aEi The unanticipated grant revenue of $75 , 000 from GOCO will be matched by a total of $275 , 000 through a •a combination of existing appropriated funds from the Park Planning and Development Department in the Neighborhood Parkland Fund ($ 175 , 000 ) , the Recreation Department in the Recreation Fund ($75 , 000 ) , and the Q Parks Department in the General Fund ($25 , 000 ) . No additional financial impacts are anticipated . BOARD / COMMISSION RECOMMENDATION At its October 2018 meeting , the Parks and Recreation Board discussed the grant application and created a ;n letter of recommendation to the GOCO Program Officer. (Attachment 1 ) ii m E �a a Item # 4 Page 1 Packet Pg . 42 3 . 1 Agenda Item 4 PUBLIC OUTREACH No public outreach was performed for the grant application . Extensive public outreach will be an integral part of a the development of the Policy Plan update , and the grant funds will be used , in part, to assure a robust community U outreach effort. 73 ATTACHMENTS L 1 . Parks and Recreation Board Letter of Recommendation ( PDF ) a _ 'L^ V O U O C9 ti co 0 0 M O 0 V1 _ N E t U O 3 o� 0 N N E E 7 E N O _ N a1 Q a1 _ N N L_ f+ _ E V a Item # 4 Page 2 Packet Pg . 43 3.2 ORDINANCE NO, 067, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR A GREAT OUTDOORS COLORADO GRANT PROJECT TO UPDATE THE PARKS AND RECREATION POLICY PLAN WHEREAS , the City has been awarded a Great Outdoors Colorado ("GOCO") grant in the amount of $75 ,000 that will be used to update and revise the City' s Parks and Recreation Policy Plan (the "GOCO Grant") ; and o a WHEREAS, the GOCO Grant will be used to evaluate, update, and create a clear vision of the future of the City ' s parks and recreation system; and �a N WHEREAS , the GOCO Grant requires a 25 % match from the City and at least 10% of the CU match must be from cash resources; and a �a WHEREAS , the City has $25 ,000 set aside as matching funds from the General Fund; and O WHEREAS, the Parks and Recreation Board voted to support the grant application; and U O C9 ti WHEREAS , this appropriation benefits public health, safety, and welfare of the citizens of o Fort Collins and serves the public purpose of helping the City to plan for future parks and W co recreation activities for all of the Citizens of Fort Collins to enjoy; and 00 M O 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 N that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and c 6 z WHEREAS , the City Manager has recommended the appropriation described herein and c determined that this appropriation is available and previously unappropriated from the Neighborhood Parkland Fund and will not cause the total amount appropriated in the o Neighborhood Parkland Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and E 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 Q 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 - 1 - Packet Pg . 44 3 .2 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 Neighborhood Parkland Fund the sum of ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($ 175 ,000) for the GOCO Grant and appropriated therein. Section 3 . That the unexpended appropriated amount of SEVENTY-FIVE o THOUSAND DOLLARS ($75 ,000) in the Recreation Fund is authorized for transfer to the E Neighborhood Parkland Fund and appropriated therein as matching funds for the GOCO Grant. _ Section 4 . That the unexpended appropriated amount of TWENTY-FIVE y THOUSAND DOLLARS ($25 ,000) in the General Fund is authorized for transfer to the CU Neighborhood Parkland Fund and appropriated therein as matching funds for the GOCO Grant. a Introduced, considered favorably on first reading, and ordered published this 21 st day of May, A.D. 2019 , and to be presented for final passage on the 4th day of June, A.D . 2019 . O U O C9 CD ti m Mayor W ATTEST : N 00 M O 00 v r N Chief Deputy City Clerk 0 Passed and adopted on final reading on the 4th day of June, A . D . 2019 . Z a� U _ _ L O Mayor Pro Tem c ATTEST : E Ca a City Clerk -2- Packet Pg . 45 RESOLUTION NO . 2019-067 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT AGREEMENT WITH THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND FOR THE RECEIPT OF FUNDS FOR THE PROJECT TO UPDATE THE PARKS AND RECREATION POLICY PLAN WHEREAS , the Board of the Great Outdoors Colorado Trust Fund ("GOCO") is a political subdivision of the State of Colorado which invests a portion of the net proceeds of the Colorado Lottery in the State ' s parks, wildlife, open space and recreational resources ; and WHEREAS , in 1994, GOCO created a statewide grant program wherein eligible entities could apply for grants for local government parks and outdoor recreation projects ; and WHEREAS, on November 6, 2018 , the City Council approved Resolution 2018 - 107 supporting the City' s application for a GOCO grant to help offset the cost of updating the City' s Parks and Recreation Policy Plan (the "Project") ; and WHEREAS, the City has been awarded a GOCO grant in the amount of $75 ,000 for the Project; and WHEREAS , the City must sign an agreement with GOCO ("Grant Agreement") before the City will become entitled to receive funds from GOCO for the Project; and WHEREAS , the proposed Grant Agreement is attached as Exhibit "A" and incorporated by this reference ; and WHEREAS , the City is authorized to enter into intergovernmental agreements, such as a grant agreement, to provide any function, service or facility, under Article II, Section 16 of the Charter of the City of Fort Collins and Section 29- 1 -203 , C .R. S . ; and WHEREAS , the GOCO Grant Agreement requires a resolution, adopted by the governing body of the Grantee, authorizing the execution of the Grant Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2 . That the City Council hereby approves the terms of the Grant Agreement, and the authorizes the City Manager to enter into the Grant Agreement with GOCO obligating the City to use the $ 75 ,000 in grant proceeds to update and revise the City' s Parks and Recreation Policy Plan, in substantially the form of agreement attached as Exhibit "A," together - 1 - Packet Pg . 46 with such other terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the best interests of the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of June, A.D . 2019 . Mayor Pro Tern ATTEST : City Clerk -2 - Packet Pg . 47 EXHIBIT A GRANT AGREEMENT Project Name : Park and Recreation Master Plan Update Project Completion Date : March 6, 2021 Great Outdoors Colorado Contract No . : 19363 PARTIES TO AGREEMENT O Cn Board/GOCO : The State Board of the Great Outdoors Colorado Trust Fund w Address : 1900 Grant Street, Suite 725 Denver, CO 80203 a a� Telephone : (303 ) 226-4520 Contact name : Matt Brady a Grantee : City of Fort Collins Address : 2145 Centre Avenue, Fort Collins, CO 80526 L O O Contact name : Suzanne Bassinger V O O ti co 0 Date : May 28 , 2019 y EXHIBITS co 0 0 Exhibit A Project Summary Q Exhibit B Resolution Exhibit C Approved Budget w a� a Page 1 of 13 Updated 1 /2019 Packet Pg . 48 RECITALS A. The State Board of the Great Outdoors Colorado Trust Fund ("GOCO" or "Board") is a political subdivision of the State of Colorado, created by Article XXVII of the Colorado Constitution, adopted at the November 1992 General Election, which article appropriates a portion of the net proceeds of the Colorado Lottery to GOCO and directs GOCO to invest those proceeds in the state ' s parks, wildlife, open space, and recreational resources . B . In 1994, GOCO created a statewide grant program pursuant to which eligible entities could apply for grants to plan for local government parks and outdoor recreation projects. Grantee listed above ("Grantee") submitted a detailed project application ("Project Application") that contemplates the execution of the project entitled above and described in GOCO ' s project w summary ("Project Summary") , attached and incorporated as Exhibit A ("Project") . GOCO W approved Grantee ' s Project Application, which is incorporated into this Agreement by reference, on March 6, 2019, subject to the execution of a detailed grant agreement. GOCO and Grantee a each have on file a copy of the Project Application. C . The parties intend this agreement to be the detailed grant agreement required by GOCO N ("Agreement") . a L AGREEMENT O O U NOW, THEREFORE, in consideration of the parties ' mutual covenants contained in this O a Agreement and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows : co 0 SECTION 1 — PROJECT 0 0 0 Q 1 . Incorporation of Recitals . The Recitals set forth above are incorporated into this Agreement. x w 2 . Representations and Warranties of Grantee. Grantee is a Municipality, duly organized in accordance with the laws of Colorado and has full and lawful authority to enter into, and comply with the terms of, this Agreement. Grantee ' s governing body has authorized entering into this Agreement as evidenced by the resolution attached and incorporated as Exhibit B . a 3 . Grant and Project. GOCO awards to Grantee a grant in the amount not to exceed $75 ,000 . 00 ("Grant"), subject to the terms and conditions set forth in this Agreement. The Grant shall be used by Grantee solely to complete the Project in substantial conformity with the Project Application approved by GOCO. In the event of a conflict between the Project Application and the Project Summary, the parties shall resolve the conflict by mutual agreement. 4. Project Scope. Grantee shall not materially modify the Project without the prior written approval of the Executive Director of GOCO ("Executive Director") or the Executive Director' s Page 2 of 13 Updated 1 /2019 Packet Pg . 49 designee, such approval to be in GOCO ' s sole discretion. Any material modification to the Project undertaken without GOCO ' s prior written consent may be deemed a breach of this Agreement, entitling GOCO to all remedies available under this Agreement. If Grantee determines with reasonable probability that the Project will not or cannot be completed as approved by the Board, Grantee will promptly so advise the Board and cooperate in good faith to seek a resolution before any further funds are advanced. 5 . Grantee Efforts . Grantee agrees to use reasonable efforts to complete the Project in a timely fashion, in a good and workmanlike manner, and consistent with this Agreement and GOCO ' s approvals related to the Project. O 6 . Approved Budget. Grantee has completed a detailed budget that reflects all anticipated w sources and uses of funds for the Project, including a detailed accounting of Grantee ' s W anticipated direct costs associated with the Project, a copy of which is attached and incorporated M as Exhibit C ("Budget") . The Project Application contains a budget that may not match the a approved version attached as Exhibit C and which, therefore, shall not be relied upon by GOCO or Grantee . Where discrepancies exist, the approved Budget in Exhibit C shall control until such = time as GOCO approves the final version. N 7 . Waiver. Prior to the disbursement of funds, the Executive Director in his or her discretion a may waive certain conditions set forth in this Agreement. Anything else to the contrary L notwithstanding, the exercise by GOCO staff ("Staff'), the Executive Director, or GOCO of any a right or discretion reserved to them under this Agreement shall not be deemed a waiver. v Furthermore, no waiver by them under this Agreement shall constitute a waiver of any other O O requirements, actions, or conditions, nor shall any waiver granted be deemed a continuing waiver. No waiver by the Staff, the Executive Director, or GOCO shall be effective unless in writing executed by them. Additionally, any failure by the Staff, the Executive Director, or co GOCO to take any actions as set forth in this Agreement shall have no legal effect on the contractual duties of Grantee . Further, no waiver with respect to this Project, Grant, or 00 Agreement shall constitute a waiver in any other GOCO-funded project. Q 8 , Future Funding. This Agreement and the Grant only apply to the Project specifically described in this Agreement. GOCO makes no representations regarding future funding for w future phases of the Project, whether or not described in the Project Application, Project Summary, or otherwise. E SECTION 2 — GRANT PAYMENT a 9 . Eligible Costs. The Grant and all matching funds shall be used only for eligible expenses approved by GOCO in the Budget; these costs are eligible for reimbursement on the basis of costs actually incurred by Grantee and supported by written documentation (receipts, bills, etc.) . Page 3 of 13 Updated 1 /2019 Packet Pg . 50 10 . Payment of Grant. A. Progress Payment. Grantee may opt to receive a portion of the Grant after starting but prior to completing work on the Project ("Progress Payment") . Grantee shall provide GOCO with a progress report detailing expenditures and progress made to date ("Progress Report") . The Progress Report must be submitted using GOCO ' s Progress Report form (available at www. og co . org or by contacting GOCO) . GOCO may, in its discretion, request additional documentation to support making a Progress Payment. A Progress Payment shall not exceed 50% of the Grant or the maximum percentage of funds GOCO can expend for the project to date based on the program' s matching requirements, whichever is less. A Progress Payment shall be considered a loan until the Project is complete and Final Payment (as defined below) has been O made. N w W B . Final Payment. Grantee shall submit a final report to GOCO detailing the accomplishments of and expenditures related to the Project and its completion ("Final Report") . a The Project is "complete" when all the tasks and final products contemplated in the Project Application have been completed. The Final Report must be submitted using GOCO ' s Final = Report form (available at www. og co .org or by contacting GOCO) . GOCO may, in its discretion, N request additional documentation before its approval of the contents of the Final Report. Upon GOCO ' s review and approval of the Final Report, GOCO shall pay the outstanding balance on a the Grant ("Final Payment"), subject to any reductions contemplated by any provision of this L Agreement. a O U C. GOCO Review. GOCO shall have 30 days to review any Progress Report and O a Final Report and respond to Grantee. 0 D . Modifications. Payment of the Grant is subject to the Project being completed CO with no material modifications made, except as otherwise agreed to in advance by GOCO in accordance with this Agreement. The Grant will not be increased, but GOCO may reduce the CO Grant if the Project changes in any way that GOCO deems material. "Material modifications" Q may include, but are not necessarily limited to, a reduction in the total cost of the Project, a reduction in the scope of the anticipated planning process (for example, elimination of an element of a master plan), or any other variance from the Project as presented in the Project w Application. It is the sole responsibility of Grantee to inform GOCO of any such modifications to the Project. GOCO strongly encourages Grantee to contact GOCO in writing when it becomes E aware of or wishes to make any such modifications, however seemingly minor, to the Project. E. Net Lottery Proceeds. Payment of the Grant is also subject to GOCO ' s a determination in its sole discretion that it has received and has available sufficient net lottery proceeds to fund the Grant. In determining the sufficiency of net lottery proceeds, GOCO may consider all facts and circumstances as it deems necessary or desirable, including but not limited to adequate reserves, funding requirements, and/or commitments for other past, current, and future grants, and past, current, and future GOCO operating expenses and budgetary needs . 11 . Withdrawal of GOCO Funding; Termination of Agreement. Anything in this Agreement to the contrary notwithstanding, with prior notice to Grantee, GOCO reserves the right to Page 4 of 13 Updated 1 /2019 Packet Pg . 51 withhold or withdraw all or a portion of the Grant, to require a full or partial refund of the Grant, and/or to terminate this Agreement if GOCO determines in its sole discretion that: A. Altered Expectations . Facts have arisen or situations have occurred that fundamentally alter the expectations of the parties or make the purposes for the Project or the Grant as approved by GOCO infeasible or impractical; B . Material Project Changes . Material changes in the scope or nature of the Project have occurred from that which was presented in the Project Application, approved by GOCO and reflected in the Project Summary, without prior written approval of the Executive Director; O C . Inaccuracies . Any statement or representation made or information provided by w Grantee in the Project Application, this Agreement, the Progress Report, the Final Report, or W otherwise is untrue, inaccurate, or incomplete in any material respect; FL D . Reporting. The results of GOCO ' s review of the Progress Report or the Final Report are not acceptable to GOCO ; _ E . Conditions Precedent Not Fulfilled or Unsatisfactory. Any of the conditions precedent to funding listed in Section 3 below is not fulfilled by Grantee or is unsatisfactory to a GOCO, in its sole discretion; L O F . Delays. The Project will not or cannot be completed by the Completion Date or v any extensions granted, or delays in the implementation of the Project have occurred that make O O the Project impracticable in the Board' s judgment; or 0 G. Costs . The Project will not or cannot be completed within the Budget or any co approved modifications, or the total Project cost and/or Grantee ' s matching funding are reduced. 0 0 SECTION 3 — CONDITIONS PRECEDENT a 12 . Completion Date. Grantee shall complete the Project and submit its Final Report no later w than March 6, 2021 ("Completion Date"), which is two years after the date of GOCO ' s approval of the Project. Grantee may request an extension of the Completion Date in compliance with GOCO ' s Overdue Grants procedure, as may be amended from time to time by GOCO in its sole discretion. GOCO may elect to terminate this Agreement and deauthorize the Grant in the event a this Completion Date is not met and/or Grantee fails to comply with the Overdue Grants procedure. 13 . Conditions Precedent to Funding. Anything else in this Agreement or otherwise to the contrary notwithstanding, the Grant is expressly conditioned upon Grantee ' s fulfillment of all terms and conditions of this Agreement to GOCO ' s satisfaction in its sole discretion, including but not limited to the following : Page 5 of 13 Updated 1 /2019 Packet Pg . 52 A. Matching Funds. Matching funds in the minimum amount required by GOCO policy or procedure and as set forth in the approved Budget, or as modified and approved in compliance with GOCO procedures, must have been received by Grantee, or the status of efforts to secure matching funding was disclosed and has been deemed satisfactory by Staff. Grantee shall provide evidence of matching funds as GOCO may require in its reasonable discretion. B . GOCO Policies and Procedures. The Project must comply with all of GOCO ' s policies and procedures, which may be amended from time to time by GOCO in its sole discretion, and must meet any special Board conditions as listed in the attached Project Summary (Exhibit A) . O Cn LU SECTION 4 — OTHER PROVISIONS W 14. Publicity and Project Information. GOCO has the right and must be provided the a opportunity to use information gained from the Project; therefore, Grantee shall acknowledge GOCO funding in all news releases and other publicity issued by Grantee concerning the Project. MD If any events are planned in relationship to the Project, GOCO shall be acknowledged as a N contributor in the invitation for the event. GOCO shall be notified of any such events 30 days in advance . Grantee shall cooperate with GOCO in preparing public information pieces about the a Project. If Grantee uses the Grant to create, maintain, or update its website or uses its website to L disseminate information about the Project, Grantee shall acknowledge Board funding on its c9 website. If Grantee uses the Grant to create, publish, or update any written material or uses such v written material to disseminate information about the Project, Grantee shall acknowledge Board O O funding in the written material. GOCO reserves the right to use and duplicate this information in any print or electronic publication or platform for publicity, illustration, advertising, web content, and other purposes at any time without the need to seek pre-approval from Grantee . At no time co shall Grantee represent in any manner to the public or to any party that it is affiliated with GOCO or acting on behalf of GOCO . 00 15 , Liability. Q A. Indemnity. To the extent allowed by law, Grantee shall be responsible for and w shall indemnify, defend, and hold harmless GOCO, its officers, agents, and employees from any and all liabilities, claims, demands, damages, or costs (including reasonable attorneys ' fees) resulting from, growing out of, or in any way connected with or incident to Grantee ' s performance of this Agreement. Grantee waives any and all rights to any type of express or a implied indemnity or right of contribution from the State of Colorado, GOCO, its members, officers, agents, or employees for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement. B . No CGIA Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, either express or implied, of any of the immunities, rights, benefits or protections provided to GOCO under the Colorado Governmental Immunity Act as amended or as may be amended in the future (including without limitation any amendments to such statute, or under any similar statute that is subsequently enacted) ("CGIA") . This provision may apply to Page 6 of 13 Updated 1 /2019 Packet Pg . 53 Grantee if Grantee qualifies for protection under the Colorado Governmental Immunity Act, C .R. S . § 24- 10- 101 , et seq. GOCO and Grantee understand and agree that liability for claims for injuries to persons or property arising out of the negligence of GOCO, its members, officials, agents, and employees may be controlled and/or limited by the provisions of the CGIA. The parties agree that no provision of this Agreement shall be construed in such a manner as to reduce the extent to which the CGIA limits the liability of GOCO, its members, officers, agents, and employees . C . Compliance with Regulatory Requirements and Federal and State Mandates. Grantee assumes responsibility for compliance with all regulatory requirements in all applicable areas, including but not limited to nondiscrimination; worker safety; local labor preferences ; preferred vendor programs ; equal employment opportunity; use of competitive bidding; permits ; N w approvals ; local, state, and federal regulations and environmental laws ; and other similar W requirements. To the maximum extent permitted by law, Grantee agrees to indemnify, defend, M and hold harmless GOCO, Executive Director, and Staff from any cost, expense, or liability for a any failure to comply with any such applicable requirements . D. Nondiscrimination . During the performance of this Agreement, Grantee and its N contractors, subcontractors, and agents shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical 4 handicap, medical condition, marital status, age, sex, or any other basis prohibited by local, state, L or federal law. Grantee and its contractors shall ensure that the evaluation and treatment of their c9 employees and applicants for employment are free of such discrimination. v O a 16 . Audits and Accounting Records . Grantee shall maintain standard financial accounts, documents, and records relating to the Project. Grantee shall retain the accounts, documents, and records related to the Project for five years following the date of disbursement by GOCO of the co Grant funds, and they shall be subject to examination and audit by GOCO or its designated agent during this period. While Grantee is not required to use GAAP (Generally Accepted Accounting 00 Principles), Grantee shall use reasonable and appropriate accounting systems in maintaining the Q required records under this Agreement. 17 , Breach. In addition to other remedies available at law or in equity, in the event that w Grantee breaches any of the terms or conditions of this Agreement, GOCO shall have the following non-exclusive remedies : E A. Prior to Payment of Grant. GOCO reserves the right to withdraw funding, a terminate this Agreement, and/or deny Grantee eligibility for participation in future GOCO grants, loans, or projects. B . After Any Payment of Grant. GOCO reserves the right to seek specific performance of Grantee ' s obligations under this Agreement, receive reimbursement in full of any disbursements made under the Grant, and/or deny Grantee eligibility for participation in future GOCO grants, loans, or projects. Page 7 of 13 Updated 1 /2019 Packet Pg . 54 In the event GOCO must pursue any remedy under this Agreement and is the substantially prevailing party, GOCO shall be awarded its costs and reasonable legal fees, including costs of collection. 18 . GOCO Policies and Procedures . With regard to all named GOCO policies and procedures referenced in this Agreement, Grantee acknowledges it has received a copy of the policies and procedures or otherwise has access to the documents in connection with this Agreement and is familiar with their requirements . 19 . Miscellaneous Provisions . O A. Good Faith. Both parties have an obligation of good faith, including the w obligation to make timely communication of information that may reasonably be believed to be W of interest to the other party. FL B . Assignment. Grantee may not assign its rights or delegate its obligations under this Agreement without the express written consent of the Executive Director, who has the sole = discretion to withhold consent to assign. Any assignment shall require that, at a minimum, the N assignee is eligible to receive grants from the Board and assumes Grantee ' s ongoing obligations under this Agreement. a L C . Applicable Law. Colorado law applies to the interpretation and enforcement of c9 this Agreement. Venue for any dispute under this Agreement shall lie exclusively in the state v courts of the City and County of Denver. O O ti co D . No Joint Venture. Nothing in this Agreement shall be construed to create a joint venture, partnership, employer/employee, or other relationship between the parties other than co independent contracting parties . Except as permitted under the remedies provisions of this Agreement, neither party shall have the express or implied right to act for, on behalf of, or in the 00 name of the other party. Q E. Status of Grantee. The parties acknowledge that GOCO lacks the power and right to direct the actions of Grantee. Grantee acts in its separate capacity and not as an officer, w employee, or agent of GOCO or the State of Colorado . rM d E F . Time is of the Essence. Time is of the essence in this Agreement. G. Survival. The terms and conditions of this Agreement, including but not limited to a Grantee ' s obligations, shall survive the funding of the Grant and the completion of the Project. H. Fax and Counterparts . This Agreement may be executed in one or more counterparts, each of which shall be an original, but all of which when taken together shall constitute one agreement. In addition, the parties agree to recognize signatures to this Agreement made electronically and transmitted electronically or by facsimile as if they were original signatures. Page 8 of 13 Updated 1 /2019 Packet Pg . 55 I. Third-Party Beneficiary. GOCO and Grantee acknowledge and agree that this Agreement is intended only to cover the relative rights and obligations between GOCO and Grantee and that no third-party beneficiaries are intended. J. Notice. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give the other shall be in writing and either served personally or sent by first class mail, postage prepaid, to the addresses shown on Page 1 of this Agreement. K. Construction; Severability. Each party has reviewed this Agreement, and therefore any rules of construction requiring that ambiguities be resolved against a particular party shall not be applicable in the construction and interpretation of this Agreement. If any provision in this Agreement is found to be ambiguous, an interpretation consistent with the N w purpose of this Agreement that would render the provision valid shall be favored over any W interpretation that would render it invalid. If any provision of this Agreement is declared void or M unenforceable, it shall be deemed severed from this Agreement, and the balance of this a Agreement shall otherwise remain in full force and effect. L. Entire Agreement. Except as expressly provided, this Agreement constitutes the N entire agreement of the parties. No oral understanding or agreement not incorporated in this Agreement shall be binding upon the parties. No changes in this Agreement shall be valid unless a made in writing and signed by the parties to this Agreement. L M. Termination of the Board. If Article XXVII of the Colorado Constitution, which v established GOCO, is amended or repealed to terminate GOCO or merge GOCO into another 0 entity, the rights and obligations of GOCO under this Agreement shall be assigned to and assumed by such other entity as provided by law, but, in the absence of such direction, by the Colorado Department of Natural Resources or its successor. co 0 IN WITNESS WHEREOF , the parties by signature below of their authorized representatives 0 execute this Agreement effective as of Q STATE BOARD OF THE GREAT GRANTEE : OUTDOORS COLORADO TRUST FUND City of Fort Collins w rM a) By: By: E ns a Chris Castilian Title : Executive Director GOCO Program Staff: *NOTE* Signee should be the same Route Grant Agreement to individual authorized to sign the grant Executive Director for signature : agreement per Grantee ' s resolution Page 9 of 13 Updated 1 /2019 Packet Pg . 56 O w w �a FL m �a Y L a C9 O U O C9 ti co 0 0 co 0 0 Q t x w _ m E u Q Page 10 of 13 Updated 1 /2019 Packet Pg . 57 EXHIBIT A Project Summary Rank: 4 Overall Score : 88 . 5 GOCO Staff Score : 87 Reviewer Average : 90 Applicant : City of Fort Collins Project Title : Park and Recreation Master Plan Update County : Larimer w Log #: 19363 W a Funding Summary : Applicant Funding $ 1251000 Partner(s) Funding $0 = GOCO Grant Amount $751000 Total Project Cost $2001000 a 'L^ V Project Description : O U O This project will produce an updated, comprehensive Parks and Recreation Master Plan for the City of O Fort Collins . The plan will be written as a guiding document for the development of an exemplary parks o and recreation system. This plan will provide vision, goals, and clear objectives directed towards this CO desired outcome . c co 0 0 Staff and Peer Reviewer Comments : Q The need to update the city ' s park and recreation master plan is clear. The current plan is over 11 years w old and does not adequately represent the city ' s changing demographics or priorities . a� E Challenges presented by the applicant were compelling and include the identification and engagement of underserved community members, identifying future recreational trends, determining how to support and enhance public health, identifying evaluation tools for success and funding new facilities and a programs . The applicant presented an excellent list of stakeholders and partners that will be engaged in the planning process and leveraged during implementation. This includes, community members, city council, City of Fort Collins Natural Areas, finance, and real estate departments, Downtown Development Authority, Larimer County Natural Resources, and health and environment departments, and Poudre School District. Page 11 of 13 Updated 1 /2019 Packet Pg . 58 EXHIBIT B Resolution O CO w w �a FL U m �a Y L a C9 O U O 0 ti co 0 w CO 0 co 0 CO Q t x w _ m E U Q Page 12 of 13 Updated 1 /2019 Packet Pg . 59 EXHIBIT C Approved Budget O CO w w �a FL U m �a Y L a C9 O U O 0 ti co 0 w CO 0 co 0 CO Q t x w _ m E U Q Page 13 of 13 Updated 1 /2019 Packet Pg . 60 Fort Collins Parks & Recreation Master Plan Budget Date GOCO Grant Applicant Total Funding Source of Funds Secured Request Match ($) ($) CASH GOCO Grant Request Mar- 19 75 ,000 . 00 $759000.00 City of Fort Collins Jan- 17 125 ,000 . 00 $ 12500.00 O w IN-KIND c TOTAL SOURCE OF FUNDS 759000.00 $125,000.00 $200,000.00 FL U Number of Cost Per Total Funding d' CASH Use of Funds Hours Unit (S) c Draft Plan u� Consultant Project Initiation 80.00 125.00 $ 10,000.00 Inventory & Analysis 200.00 125.00 $259000.00 d Public Participation 160.00 125.00 $20,000.00 Stakeholder Input 100.00 125.00 $ 129500.00 Draft Plan 300.00 125.00 $37,500.00 (� Presentations: Council, Stakeholders & Public 100.00 125.00 $ 129500.00 O Final Plan V Consultant Plan Revisions 200.00 125.00 $259000.00 0 Presentations: Council, Stakeholders & Public 100.00 125.00 $ 129500.00 r Final Document for Adoption 300.00 125 .00 $37,500.00 p Reimbursables $7,500.00 lY USE OF FUNDS - CASH & UNIT SUBTOTALS 1,540.00 $200,000.00 N 0 00 co 0 No. of Units Applicant Total Funding Use of Funds / Hours GOCO Funds Funds ($) Q IN-KIND : NA $0 .00 SUBTOT 1540.00 $759000.00 $125,000.00 $2005000.00 Contingency 10% (not required, cannot w be GOCO funds) SO SO d TOTAL PROJECT COST1 $759000.00 $125,000.00 $20000.00 E U MEEMALCULATION OF MATCH REQUIREMENTS Q Item Explanation Requirement Actual Meets GOCO % of TC Requirement? Minimum Match 25%/Total Costs $50,000 $ 125,000 Yes Minimum Cash Match 10%/Total Costs $2000 $ 125,000 Yes 37.50% Packet Pg . 61 Agenda Item 4 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Rick Bachand , Environmental Program Manager Jody Hurst, Legal SUBJECT Second Reading of Ordinance No . 068 , 2019 , Amending Section 23- 194 of the Code of the City of Fort Collins Regarding Natural Areas Permits . EXECUTIVE SUMMARY This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , modifies Chapter 23 , Section 194( b ) of the City Code to increase the time for the Natural Areas Director to review Special Use and Commercial Use permit requests from five business days to fifteen business days . STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading . ATTACHMENTS 1 . First Reading Agenda Item Summary, May 21 , 2019 (w/o attachments) (PDF ) 2 . Ordinance No. 068 , 2019 ( PDF ) Item # 4 Page 1 Packet Pg . 62 ATTACHMENT 1 4' 1 Agenda Item 5 AGENDA ITEM SUMMARY May 21 , 2019 o City .N Council m x w 3 m STAFF Rick Bachand , Environmental Program Manager Jody Hurst, Legal a �a m SUBJECT Q 7i First Reading of Ordinance No . 068 , 2019 , Amending Section 23- 194 of the Code of the City of Fort Collins Regarding Natural Areas Permits . z 00 EXECUTIVE SUMMARY c The purpose of this item is to modify Chapter 23 , Section 194 ( b) of the City Code increasing the time for the N Natural Areas Director to review Special Use and Commercial Use permit requests from five business days to fifteen business days . 00 v STAFF RECOMMENDATION m Staff recommends adoption of the Ordinance on First Reading . BACKGROUND / DISCUSSION a 0 Chapter 23 ( Public Property) , Article IX ( Natural Areas ) , Section 23- 194(b ) of the City Code authorizes the 3 Natural Areas Director to administer a permit system for uses or activities that are otherwise prohibited under r' Article IX . The current Code provides further direction that: N N The Director shall approve, conditionally approve or deny an application on the grounds set forth in this >, Subsection, and the Director's action and the basis therefore shall be stated in a written notice to the applicant, no later than five (5) business days after receipt of a fully completed application" . �a Due to the increasing number and variety of special use and commercial permit requests , the Natural Areas E E Department recommends extending the application/administrative permit review period from a five business day period to a fifteen business day review period . Cn E m Staff reviews applications to ensure the safety of visitors , prevent visitor conflicts , and protect wildlife , wildlife habitat, and rare plants . In recent years the department has experienced an increasing number and variety of permit requests with a concentration of requests coming in the spring and summer months . Activities such as professional filming , drone flights , and numerous research requests characterize the range of special use permit Q applications . Research requests can be particularly complex to review and typically require input from multiple staff. To a lesser extent, processing the Department's Commercial Use Permit can require interdepartmental coordination making additional administrative time necessary . Description of Special Use Permits ;n ii Special Use Permit applications are traditionally used to permit otherwise prohibited uses , allow access to closed sections of a natural area , or to permit group activities greater than 15 individuals . The most common permits E U Q Item # 5 Page 1 Packet Pg . 63 4. 1 Agenda Item 5 are issued to conduct ecological research , educational programs , or to permit recreational or other activities that = are otherwise generally prohibited in the Code . N _ m Description of Commercial Use Permits w Requests to conduct (third party) commercial activity on a natural area is prohibited per Section 23- 193(d )( 14 ) of the City Code . Commercial use permit requests are deserving of attention as they are distinguished (from other prohibited uses ) by the exchange of funds or services . Thus , commercial use requests are by reference also subject to the Natural Area permit process outlined in section 23- 194( b) . L CITY FINANCIAL IMPACTS a �a m None . Q BOARD / COMMISSION RECOMMENDATION On April 16 , 2019 , the Land Conservation & Stewardship Board voted unanimously (9-0 ) to recommend adoption Z of the Code amendment. c PUBLIC OUTREACH N rn Public outreach was not conducted as the recommended Code change is largely administrative in nature . 00 However, staff consulted with peer open space and park agencies to gauge comparable polices and administrative review periods for special use and commercial use permits . _ m Staff found that : E 1 . City of Fort Collins Parks Department requires a 10-day review period for special use permits that include a variety of small and large events hosted within the Park ( primarily sports related ) and at Park facilities (shelters , sports fields , etc. ) . 3 2 . Larimer County Parks and Open Lands requires a 60-day review period . oD 3 . Jefferson County Parks and Open Space review permit applications once a year due to their increasing c number of requests . N 4 . City of Boulder Open Space and Mountain Parks requires a 60 to 90-day review period depending on the N specific activity requested . ATTACHMENTS is 1 . Land Conservation and Stewardship Board minutes , March 17 , 2019 ( PDF) E E m _ a� a� Q a� _ �a m L_ _ E V f+ f+ Q Item # 5 Page 2 Packet Pg . 64 4.2 ORDINANCE NO . 068 , 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 23 - 194 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING NATURAL AREAS PERMITS WHEREAS, in 1999, the City Council adopted Ordinance No . 027 , 1999, enacting certain requirements and regulations related to the use by the general public of the City' s natural areas, codified in Chapter 23 , Article IX of the City Code ; and c 0 WHEREAS, those Code provisions have subsequently been updated to address and clarify points of concern related to use by the general public of the City' s parks, trails, recreation, and x natural areas ; and W 3 as WHEREAS, the current Code requires staff to respond to a non-routine permit within five business days; and E d WHEREAS , since the Code provisions were adopted in 1999, non-routine permits have , Cn become more numerous, have increased in complexity, and have become more varied; and Q WHEREAS, the City Council has determined that changing the permit response time to fifteen days will ensure staff can appropriately respond to permit requests, for the good of all Fort Collins citizens ; and Z 00 W 0 WHEREAS , the City Council has also determined that the proposed amendments are in the best interests of the City and are necessary for the health, safety, and welfare of the City' s citizens. c ao NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT �' COLLINS as follows : N co Section 1 . That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Z d U rm Section 2 . That Section 23 - 194 of the Code of the City of Fort Collins is hereby M amended as follows : O *10 11 m Sec. 23 - 194. — Natural areas permit process. E (a) Any person or organization seeking a permit for the purposes set forth in this Article shall Q apply for a natural area permit by filing a verified application with the Service Unit on a form supplied by the Service Unit, except that permit applications for which a routine permit process has been established by the Director under § 23 - 195 below shall be governed by and processed in accordance with the routine permit process . A fully completed application must be filed with the Director not less than twenty-one (21 ) business days nor more than ninety (90) business days before the date on which a permitted - 1 - Packet Pg . 65 activity is to commence; provided, however, that the Service Unit may accept and process an application that is filed after the filing deadline if, in the judgment of the Director, there are sufficient time and sufficient resources for the Service Unit to process and investigate the application and make any preparations necessary for the activity. (b) The Director shall approve, conditionally approve or deny an application on the grounds set forth in this Subsection, and the Directors action and the basis therefor shall be stated in a written notice to the applicant, no later than fifteen ( 15 ) business days after receipt of a fully completed application. The Director may deny any application or impose any c reasonable permit conditions or requirements upon the approval of the same in order to protect the safety or well-being of persons or animals ; the natural area, related facilities or a any other City property or facility; the use and enjoyment of said areas or facilities by the w general public; the needs and objectives of the City in maintaining and operating the same; and/or the natural environment in general. E L d Introduced, considered favorably on first reading, and ordered published this 21 st day of a Cn May, A.D. 2019, and to be presented for final passage on the 4th day of June, A.D . 2019 . Q L Mayor z ATTEST : o 0 o� M 0 00 Chief Deputy City Clerk o, 0 N Passed and adopted on final reading on the 4th day of June, A. D . 2019 . o0 co 0 0 z d U Mayor Pro Tem ATTEST : O *10 as E City Clerk Q -2- Packet Pg . 66 Agenda Item 5 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF John Phelan , Energy Services Manager Eric Potyondy, Legal Cyril Vidergar, Legal SUBJECT Items Relating to Various Amendments to City Code Chapter 26 Pertaining to Utility Services . EXECUTIVE SUMMARY A. Second Reading of Ordinance No . 069 , 2019 , Amending Section 26 -491 of the Code of the City of Fort Collins to Add and Revise Definitions Related to the City's Stormwater System . B . Second Reading of Ordinance No . 070 , 2019 , Amending Section 26-391 of the Code of the City of Fort Collins to Add and Revise Definitions Related to the City's Municipal Electric Utility System . These Ordinances , unanimously adopted on First Reading on May 21 , 2019 , update definitions in City Code Chapter 26 pertaining to Stormwater and Electric Utility Services . STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading . ATTACHMENTS 1 . First Reading Agenda Item Summary, May 21 , 2019 (w/o attachments ) (PDF ) 2 . Ordinance No . 069 , 2019 ( PDF ) 3 . Ordinance No . 070 , 2019 ( PDF ) Item # 5 Page 1 Packet Pg . 67 ATTACHMENT 1 5. 1 Agenda Item 6 AGENDA ITEM SUMMARY May 21 , 2019 CouncilCity d tC t STAFF a� 0 John Phelan , Energy Services Manager v Cyril Vidergar, Legal Eric Potyondy , Legal 0 SUBJECT o rn co Items Relatingto Various Amendments to City Code Chapter 26 Pertaining to Utility Services . o Y P 9 Y W Cn EXECUTIVE SUMMARY ch 0 A. First Reading of Ordinance No . 069 , 2019 , Amending Section 26-491 of the Code of the City of Fort Collins o vi to Add and Revise Definitions Related to the City's Stormwater System . a� B . First Reading of Ordinance No . 070 , 2019 , Amending Section 26-391 of the Code of the City of Fort Collins E to Add and Revise Definitions Related to the City's Municipal Electric Utility System . U The purpose of this item is to make revisions , clarifications and additions to update definitions in City Code Chapter 26 pertaining to Stormwater and Electric Utility Services . 03 oD STAFF RECOMMENDATION c N Staff recommends adoption of the Ordinances on First Reading . N 0 BACKGROUND / DISCUSSION Item A : Ordinance No , 069, 2019 - Stormwater Utility Service Definitions E E The City operates under a Colorado Municipal Separate Storm Sewer System ( MS4) permit, which requires the implementation of programs to prevent or reduce the discharge of pollutants to waters of the state . The MS4 Cn permit is issued by the State of Colorado through the Colorado Department of Public Health and Environment m (CDPHE) . MS4 permittees must prohibit and enforce on illicit discharges to the storm sewer system . ma The MS4 permit defines illicit discharge as any discharge to an MS4 that is not composed entirely of stormwater except those specifically authorized by a Colorado Discharge Permit System (CDPS ) or National Pollutant Q Discharge Elimination System ( NPDES ) permit and those resulting from emergency firefighting activities . The MS4 permit also lists types of illicit discharges that can be excluded from the permittee5s response and enforcement program . Municipal Code Section 26-498 prohibits the discharge of pollutants and contaminated water to the City's storm ;n sewer system and local surface waters . The recommended changes to the definitions below provide consistency with the MS4 permit definition of "illicit discharge . " m E Summary of proposed changes : U 0 Proposed Change to City Code Section 26-491 Rationale Q " Pollutants" is proposed to be added to the " Pollutants" is proposed to be added to the Item # 6 Page 1 Packet Pg . 68 5. 1 Agenda Item 6 definition of "contaminated water, " as follows : definition of "contaminated water" to provide consistency between the two definitions and to " Contaminated water shall mean that water which clarify that pollutants in water contaminates it y contains pollutants or constituents at when they are at concentrations that are adverse ai concentrations which could cause , directly or to human health or the environment and are not = �a indirectly, impairment of human health or the naturally present. environment and which would not present in such a� concentrations in a natural state . " o The definition of "contaminated water" includes a " Residential " is removed from the list to clarify that N list of water sources that are excluded from being discharges resulting from residential , commercial , considered "contaminated water. " Two changes and industrial lawn watering will also not be are proposed to be made to that list, as follows : considered to be "contaminated water, " and prohibited or enforced under the City's MS4 c "This definition does not include the following permit programs . Further, discharges from lawn sources of water, unless water from such a source watering activities are already covered under City o is determined to violate other applicable water Code Section 26- 166 , which prohibits the waste of Cn quality restrictions or requirements : water. M " (2 ) landscape irrigation and residential lawn Dye testing is added to the list because it is a 00 watering ; necessary process and to be consistent with y CDPHE' s regulations . Dye testing is a process [ . . . ] used by water utilities to help detect cross- E connections between sanitary sewers and storm M " (9) dye testing in accordance with manufacturers sewers . Dye testing may result in a discharge of recommendations . " the nontoxic fluorescent dye to a local water body . CDPHE has recognized the need for dye testing ° to remove sanitary sewer cross-connections and oD has added it to the list of illicit discharges that can c be excluded from an MS4 permittee's response N and enforcement program . N The words "contaminated water" are proposed to " Contaminated water" was added to the definition be added to the definition of " pollutants , " as of " pollutant" to provide consistency between the follows : two definitions . �a E "Pollutant shall mean contaminated water, E dredged spoil , dirt, slurry, solid waste , incinerator Cn residue , sewage , sewage sludge , garbage , trash , E chemical waste , biological nutrient, biological material , disease causing agents , radioactive material , heat, wrecked or discarded equipment , _ a� rock, sand , automotive fluids , paint , cooking a' Q grease , process waste water, swimming pool discharges , discharges from cleaning of heat = transfer equipment, or any industrial , commercial , construction , household , municipal , or agricultural waste . " L _ E M V f+ Q Item # 6 Page 2 Packet Pg . 69 5. 1 Agenda Item 6 Item B : Ordinance No . 070 , 2019 - Electric Utility Service Definitions Average annual electricity consumption: Adding this definition clarifies the meaning of the phrase as it relates to calculations such as those related to the sizing of behind-the-meter solar electric systems (i .e . , "net metered " ayi systems ) . This definition is related to the size estimation of a customer's annual usage during the application = step for a net-metered solar project. The size of such customer system is affected by the 120 % rule which is found at Colorado Revised Statutes § 40-2- 124 . The principle behind the rule is to allow the customer' s financial compensation through credits for the energy generated on site to be sufficient to offset the typical annual c electricity cost for the specific customer, while limiting the amount of that energy generation so other customers c) can also self-generate , without requiring electric utility system reconfiguration . This statutory definition and standard are included in Chapter 26 of the Fort Collins Code . M As Fort Collins Utilities evaluates future rate structure changes for solar energy export, the need for the 120% o sizing rule will also be evaluated ; however, adding the "average annual electric consumption" now provides c clarity for ongoing solar program implementation in the meantime . co 0 Note also that Utilities' solar program administration has used 24 months of usage data when available . When y this amount of data is not available , alternative estimation methods can be used . 11 CO) • Definition : Average annual electricity consumption shall mean the average monthly consumption of the 00 previous 24 months of electricity use times twelve . y Qualifying renewable technology: Staff recommends revising the definition of Qualifying renewable technology to include technologies that store energy . This revision will allow other provisions of the City Code , such as net metering , to apply to storage technologies . Utilities anticipates that storage technologies will c�c become increasingly prevalent for net metered applications in the coming years . Current City Code definitions do not mention storage . Adding the following definition will provide clarity regarding the application of City c Code to storage technologies . TOM 3 o� • Definition : Qualifying renewable technology shall mean a qualifying facility that generates electricity N using renewable resources such as solar, fuel cell , wind , geothermal , combined heat and power or biomass technology , or that stores energy. (additions in italics) CITY FINANCIAL IMPACTS �a Allowing discharges from dye testing activities will eliminate the need to collect and treat the water contaminated E with dye as a waste product, saving the City money in staffing , equipment, and disposal costs . There are no E other expected financial impacts to the City as a result of the recommended code changes . Cn E The proposed electrical Code changes will have no direct financial impact to the City . ' BOARD / COMMISSION RECOMMENDATION a� Q At its April 18 , 2019 meeting , the Fort Collins Water Board voted unanimously in support of the proposed a� stormwater definition revisions . �a m At its April 11 , 2019 meeting , the Energy Board voted 9-0 on April 11 , 2019 , to recommend approval of the rr proposed Electric Service definition revisions . L ii PUBLIC OUTREACH Y m The recommended City Code changes will not affect the way the MS4 permit illicit discharge response and M enforcement activities are administered . The changes are not expected to affect the public ; therefore , no public outreach activities have been conducted . Q Item # 6 Page 3 Packet Pg . 70 5. 1 Agenda Item 6 Fort Collins Utilities has presented the Electric Service changes to the Energy Board as set forth above . Staff has not done further public outreach as it was determined that the revisions were of a technical nature and that ongoing program related outreach would be sufficient. m ATTACHMENTS = �a 1 . Water Board minutes , April 18 , 2019 (draft) ( PDF) 2 . Energy Board minutes , April 11 , 2019 ( PDF) c (U N 0 ti 0 rn co 0 Cn M 0 0 v I_ V O 3 o� 0 N N E E 7 N E d N a1 Q a1 N N L_ E V f+ Q Item # 6 Page 4 Packet Pg . 71 5.2 ORDINANCE NO . 06% 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 26-491 OF THE CODE OF THE CITY OF FORT COLLINS TO ADD AND REVISE DEFINITIONS RELATED TO THE CITY' S STORMWATER SYSTEM WHEREAS, the City owns and operates a municipal separate storm sewer system ("MS4") that is used, among other purposes, to convey stormwater to the Cache la Poudre River and its tributaries ; and N N WHEREAS, said conveyance of stormwater by the City' s MS4 may constitute a discharge c of pollutants to state waters and the waters of the United States under two statutes : the Colorado Water Quality Control Act, C .R. S . § § 25 -8- 101 et seq. and the federal Clean Water Act, 33 U. S . C . § 1251 et seq. ; and U N WHEREAS , under said statutes, the Colorado Department of Public Health and Environment has issued CDPS General Permit COR090000 Stormwater Discharges Associated with Municipal Separate Storm Sewer Systems (MS4s) Authorization to Discharge Under the ti Colorado Permit System ("MS4 Permit") ; and co 0 WHEREAS, there are certain inconsistencies between the MS4 Permit and Article VII of N Chapter 26 of the City Code, which concerns the City' s Stormwater Utility and MS4, namely with respect to certain definitions in City Code Section 26-491 ; and CD WHEREAS, while the MS4 Permit generally requires the City to effectively prohibit illicit c discharges of pollutants into the City' s MS4 (as those terms are used and defined in the MS4 N Permit) , under Part I(E)(2)(a)(v) of the MS4 Permit, the MS4 Permit does not require the City to c effectively prohibit discharges from certain activities, including: non-residential lawn watering c and dye testing in accordance with manufacturers recommendations (together, "Subject Z Activities") ; and = WHEREAS , under the current definition of "contaminated water" and "pollutant" in City Code Section 26-4919 City Code Section 26-498 prohibits discharges of water to the City' s MS4 }; from the Subject Activities; and arm WHEREAS , changing the definition of "contaminated water" and "pollutant" in City Code Section 26-491 to state that these terms do not include water generated from the Subject Activities Q will be beneficial to the City by, among other things, better aligning City Code with the MS4 Permit, providing greater clarity regarding the City' s regulation of the Subject Activities, and prioritizing MS4 and stormwater-related education and enforcement activities on more significant sources of pollutants . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : - 1 - Packet Pg . 72 5.2 Section 1 . That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2 . That Section 26-491 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 26491 . - Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: N N a1 t C� Contaminated water shall mean that water which contains pollutants or constituents at concentrations which could cause, directly or indirectly, impairment of human health or the C U environment and which would not present in such concentrations in a natural state . This includes any water contaminated from industrial processes, land use activities, development or other man. induced practices . These constituents include, but are not limited to, toxic pollutants as defined in § 26-206 of this Code, nutrients such as nitrogen and phosphorous, substances which promote an ti excessive biochemical oxygen demand (BOD) or chemical oxygen demand (COD) as those terms are defined in § 26-206, substances which cause the pH of such water to deviate from acceptable o standards, biological agents which may be the cause of disease in either humans or other desirable N organisms, and physical contaminants such as excess sediments and/or temperature. U. S . Environmental Protection Agency' s current publication of "Quality Criteria for Water," and/or the 00 State of Colorado ' s "Basic Standards and Methodologies for Surface Water" and/or any other federal or state regulation or guideline may be used to interpret the impact of a particular c constituent upon a water body. This definition does not include the following sources of water, `" unless water from such a source is determined to violate other applicable water quality restrictions c or requirements : 6 z a� ( 1 ) Flows incidental to emergency fire fighting activities ; (2) Landscape irrigation and lawn watering; O (3 ) Irrigation return flows ; (4) Springs, diverted stream flows and flows from riparian habitats and wetlands ; Q (5 ) Flows incidental to street, sidewalk or median sweeping and not associated with construction; (6) Flows from condensation formed from the operation of air conditioning equipment installed and maintained in accordance with manufacturer's specifications ; (7) Uncontaminated pumped, infiltrated or rising ground water; -2- Packet Pg . 73 5 . 2 (8) Flows from properly installed, operated and maintained and City-approved footing, foundation or crawl space drain or pump ..-; and (9) Dye testing in accordance with manufacturers recommendations . Pollutant shall mean contaminated water, dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, disease causing agents, radioactive material, heat, wrecked or discarded equipment, rock, sand, automotive fluids, paint, cooking grease, process waste water, swimming pool discharges, discharges from cleaning of heat transfer equipment, or any industrial, commercial, construction, c household, municipal, or agricultural waste. a� 0 N Introduced, considered favorably on first reading, and ordered published this 21 st day of May, A.D. 2019 , and to be presented for final passage on the 4th day of June, A.D . 2019 . 0 ti 0 co 0 Mayor N ATTEST : M O O 01 O N Chief Deputy City Clerk c 0 Passed and adopted on final reading on the 4th day of June, A.D . 2019 . z L 0 Mayor Pro Tem ATTEST : Q City Clerk -3 - Packet Pg . 74 5.3 ORDINANCE NO . 070, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 26-391 OF THE CODE OF THE CITY OF FORT COLLINS TO ADD AND REVISE DEFINITIONS RELATED TO THE CITY ' S MUNICIPAL ELECTRIC UTILITY SYSTEM WHEREAS, the City owns and operates a municipal electric distribution system to deliver electric power purchased by the City to retail customers and to accommodate interconnection of customer-owned renewable power generation devices; and N N WHEREAS , Chapter 26 of the City Code regulates and governs the provision of utility = services and sets forth definitions of terms used to describe and applicable to conditions for receipt of utility services ; and 0 WHEREAS, such provisions require updating and modification from time to time, for N purposes of clarification and to ensure the Code remains a dynamic document capable of responding to issues identified by staff, customers, and citizens and changes in the law regarding the delivery of public utility services ; and 0 WHEREAS , staff has proposed that identified definitions be added and amended in c Chapter 26 of the City Code to clarify how net-metered customer generation technologies are managed, and to better inform customers and align with current utility practices ; and N M 0 WHEREAS, in light of the foregoing, the City Council has determined the amendment and 00 supplementation of definitions in Chapter 26 of the City Code is necessary and will be beneficial TOM for the ratepayers of the City's Electric Utility and for the efficient administration of Utility N functions . c ti 0 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT z0 COLLINS as follows : Section 1 . That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. 0 a� Section 2 . That Section 26-391 of the Code of the City of Fort Collins is hereby s amended to read as follows : U Q Sec. 26-391 . - Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: Average annual electricity consumption shall mean the average monthly consumption of the previous twenty-four (24) months of electricity use times twelve ( 12x) . - 1 - Packet Pg . 75 5.3 Qualifying renewable technology shall mean a qualifying facility that generates electricity using renewable resources such as solar, fuel cell, wind, geothermal, combined heat and power or biomass technology, or that stores energy. Introduced, considered favorably on first reading, and ordered published this 21 st day of May, A.D. 2019 , and to be presented for final passage on the 4th day of June, A.D. 2019 . N N a1 _ Mayor ATTEST : as 0 U N Chief Deputy City Clerk c ti 0 Passed and adopted on final reading on the 4th day of June, A.D . 2019 . c M 0 0 Mayor Pro Tem ATTEST : N 0 ti 0 0 z City Clerk L _ E V Q Packet Pg . 76 Agenda Item 6 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Jason Licon , Airport Director Judy Schmidt, Legal SUBJECT Second Reading of Ordinance No . 071 , 2019 , Approving the Second Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport, Now Known as the Northern Colorado Regional Airport. EXECUTIVE SUMMARY This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , staggers the terms of the citizen members appointed to the Northern Colorado Regional Airport Commission . The current adopted Amended and Restated Intergovernmental Agreement states that appointed citizen members' terms expire at the same time for all three of the appointed citizen members . The proposed Amendment to the IGA provides for initial terms beginning July 1 , 2019 for the three citizen members will be 2 years -Loveland appointed Citizen Member; 3 years- Fort Collins appointed Citizen Member; and 4 years-Joint Citizen Member. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading . ATTACHMENTS 1 . First Reading Agenda Item Summary, May 21 , 2019 ( PDF ) 2 . Ordinance No . 071 , 2019 ( PDF ) Item # 6 Page 1 Packet Pg , 77 ATTACHMENT 1 Agenda Item 7 AGENDA ITEM SUMMARY May 21 2019 City Council STAFF Jason Licon , Airport Director E Judy Schmidt, Legal 0 a� E a SUBJECT Q O First Reading of Ordinance No . 071 , 2019 , Approving the Second Amendment to the Amended and Restated 0 Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport, Now a i Known as the Northern Colorado Regional Airport. Q ti EXECUTIVE SUMMARY o co The purpose of this item is to stagger the terms of the citizen members appointed to the Northern Colorado co Regional Airport Commission . The current adopted Amended and Restated Intergovernmental Agreement c states that appointed citizen members' terms expire at the same time for all three of the appointed citizen 000 members . as 0 STAFF RECOMMENDATION N N Staff recommends adoption of the Ordinance on First Reading . BACKGROUND / DISCUSSION L' E The primary strategic objective of this IGA amendment would be to create a consistent and regularly scheduled E process to apply for and request action from the respective City Councils to appoint Airport Commission citizen cn members serving on the Northern Colorado Regional Airport Commission . The current adopted Amended and E Restated Intergovernmental Agreement states that appointed citizen members' terms expire at the same time for all three of the appointed citizen members . Staggered terms will help to maintain consistency and continuity of leadership necessary for stable Airport policymaking and oversight. To accomplish this , the proposed Amendment to the IGA provides for initial terms beginning July 1 , 2019 for the three citizen members will be 2 Q years-Loveland appointed Citizen Member; 3 years- Fort Collins appointed Citizen Member; and 4 years-Joint Citizen Member. PUBLIC OUTREACH N At its May 16 , 2019 , meeting , the Airport Commission adopted a resolution recommending adoption by the Cities LL of the proposed amendment to the IGA staggering the terms of the "Citizen Members" and the "Joint Citizen } Member" such that only one appointment expires each year (with one year in which there is no expiring W appointment in light of the four year terms) . E Q Item # 7 Page 1 Packet Pg . 78 s.2 ORDINANCE NO, 071 , 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE SECOND AMENDMENT TO THE AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE JOINT OPERATION OF THE FORT COLLINS -LOVELAND MUNICIPAL AIRPORT, NOW KNOWN AS THE NORTHERN COLORADO REGIONAL AIRPORT WHEREAS , in 1963 , the cities of Fort Collins and Loveland (the "Cities") established a regional general aviation facility and became the joint owners and operators of the Fort Collins- Loveland Municipal Airport (the "Airport") ; and WHEREAS , pursuant to Section 29- 1 -203 of the Colorado Revised Statutes (and Article 0 II, Section 16, of the Fort Collins City Charter), the Cities are authorized by law to contract with E one another to provide for the joint exercise of any function, service or facility lawfully authorized Q to each of them if such contracts are approved by the Councils of the Cities; and WHEREAS , the Cities currently operate and maintain the Airport pursuant to that certain a Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins- Q Loveland Airport dated January 22, 2015 (the "IGA"), which established the Northern Colorado c Regional Airport Commission (the "Commission") as the Airport governance structure; and Cn WHEREAS , by adoption of Resolution 2015 -003 on January 6, 2015 , the City Council00 approved the IGA; and 00 WHEREAS , by adoption of Ordinance 067 , 2017 on June 7, 2016 , the City Council CD N approved the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport (the "First Amendment"), o which expanded the powers delegated to the Commission, ratified and reaffirmed the approval of Z the IGA and creation of the Commission as set forth therein in accordance with Article IV, Section 1 of the City Charter regarding the establishment of appointive boards and commissions by rm ordinance, and recognized the name change of the Airport to the Northern Colorado Regional 15 Airport; o _ WHEREAS , the Commission, at its May 16, 2019 , meeting, approved and recommended E adoption by the Cities of a further proposed amendment to the IGA staggering the terms of the U "Citizen Members" and the "Joint Citizen Member" such that only one appointment expires each Q year (with one year in which there is no expiring appointment) ; and WHEREAS , the City Council has determined the further amendment of the IGA as recommended by the Commission is necessary and appropriate to maintain consistency and continuity of leadership and to provide more effective and efficient policymaking and oversight for the Airport. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : - 1 - Packet Pg . 79 s.2 Section 1 . That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2 . That the Second Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport, Now Known as the Northern Colorado Regional Airport (the "Second Amendment") attached hereto as Exhibit "A" and incorporated herein by reference is hereby approved. Section 3 . That the Mayor is authorized to execute the Second Amendment together with such changes as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City provided such changes are materially consistent with the terms of this Ordinance and the intended purpose of the Second Amendment. Introduced, considered favorably on first reading, and ordered published this 21 st day of E May, A.D . 2019 , and to be presented for final passage on the 4th day of June, A.D . 2019 . Q Q 0 a Mayor Q ATTEST : r ti 0 Cn 0 0 0 Chief Deputy City Clerk a, 0 Passed and adopted on final reading on the 4th day of June, A.D . 2019 . cm ti 0 0 z a� c �a Mayor Pro Tem ATTEST : p c W E U City Clerk Q -2- Packet Pg . 80 EXHIBIT A 6 . 2 SECOND AMENDMENT TO THE AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE JOINT OPERATION OF THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT, NOW KNOWN AS THE NORTHERN COLORADO REGIONAL AIRPORT THIS Second Amendment ("Second Amendment") is made and entered into this day of , 2019, between THE CITY OF LOVELAND, COLORADO, a municipal corporation, and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to individually as a "City" and collectively as the "Cities . " WITNESSETH : a� WHEREAS , in 1963 , the Cities established a regional general aviation facility and became a rm the joint owners and operators of the Fort Collins-Loveland Municipal Airport, now known as the E Northern Colorado Regional Airport (the "Airport"); and Q Q WHEREAS, pursuant to Section 29 - 1 -203 of the Colorado Revised Statutes (and Article II, Section 16, of the Fort Collins City Charter), the Cities are authorized by law to contract with a one another to provide for the joint exercise of any function, service or facility lawfully authorized Q to each of them if such contracts are approved by the Councils of the Cities; andCn c WHEREAS , the Cities currently operate and maintain the Airport pursuant to that certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins00 - Loveland Airport dated January 22 , 2015 (the "IGA"), which established the Northern Colorado 00 Regional Airport Commission (the "Commission") as the Airport governance structure ; and o, 0 N WHEREAS , in the IGA, the Cities set forth the terms and conditions pursuant to which the Airport will be operated and maintained as the Cities ' joint venture; and o 6 z WHEREAS , the IGA was amended in 2016 to clarify the authorized powers of the Commission and delegate additional Airport duties and responsibilities to the Commission in order rm to provide more effective and efficient Airport management and operation, as well as to update the 15 name of the Airport throughout the Agreement (the "First Amendment") ; and O _ WHEREAS, Section 2 of the IGA addresses Commission appointments and specifies that E the three citizen members of the Commission shall serve four year terms . All three citizen U members ' appointments will expire on June 30, 2019 ; and Q WHEREAS , the Cities have further determined that a second amendment of the IGA is necessary to revise the terms of the citizen members to stagger the terms such that no more than one appointment expires each year. Packet Pg . 81 s.2 NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows : 1 . That Section 2 .B . of the IGA is hereby amended to read in full as follows : B . The Commission shall be comprised of seven members as follows : (a) two members shall be appointed by the Loveland City Council which members shall be City of Loveland council members or employees; (b) two members shall be appointed by the Fort Collins City Council which members shall be City of Fort Collins council members or employees; (c) one Citizen Member (defined below) shall be appointed by the Loveland City Council ; (d) one Citizen Member (defined below) shall be appointed by the Fort Collins City Council; and (e) one Joint Citizen Member (defined below) shall be appointed by the City Councils upon mutual agreement. A "Citizen Member" is defined as an individual residing within the Growth Management Area ("GMA") of 0 the City of the appointing City Council, or owning or leasing real property or operating E a business within the Airport area of influence as defined in the Airport Master Plan; Q provided that such member shall not be an employee or city council member of the Cities . The "Joint Citizen Member" is defined as an individual residing within the GMA of either of the Cities, or owning or leasing real property or operating a business a within the Airport area of influence as defined in the Airport Master Plan; provided that Q such member shall not be an employee or city council member of the Cities . Citizen Members shall serve a term of four years at the pleasure of the appointing City Council, subject to removal at any time without cause. The Joint Citizen Member shall serve a Cn term of four years, subject to removal at any time without cause upon the mutual 00 agreement of the City Councils . Effective upon appointment of the Citizen Members 00 and the Joint Citizen Member for the term beginning on or about July 1 , 2019 : o, • the Loveland appointed Citizen Member shall serve an initial term of two years N with each following term to be four years ; • the Fort Collins appointed Citizen Member shall serve an initial term of three o years with each of the following terms to be four years ; and Z • the Joint Citizen Member shall serve an initial term of four years with each c°', following term to be four years as set forth above . L The purpose of such initial appointments is to create staggered terms for the citizen 0 members such that only one appointment expires each year with one year with no appointments expiring. City Council members and employees of the Cities appointed E as members of the Commission shall have no fixed term, but shall be subject to U reappointment or removal at the pleasure of the appointing City Council. Appointments Q to fill vacancies by Citizen Members or the Joint Citizen Member shall be made for the remainder of the term and shall be filled by the appointing City Council, or, in the case of the Joint Citizen Member, by the mutual agreement of the City Councils . 2 . That except as amended by this Second Amendment, all other provisions of the IGA shall remain in full force and effect. IN WITNESS HEREOF, this Second Amendment has been executed the day and year first above written. 2 Packet Pg . 82 6 . 2 THE CITY OF LOVELAND, COLORADO A Municipal Corporation By: City Manager ATTEST : _ a� City Clerk Q Q APPROVED AS TO FORM : °a i Q T Assistant City Attorney Cn co THE CITY OF FORT COLLINS , COLORADO 00 A Municipal Corporation o, 0 N ti 0 By z Darin A. Atteberry, City Manager ATTEST : 15 L O City Clerk a� E U �a APPROVED AS TO FORM : Q City Attorney 3 Packet Pg . 83 Agenda Item 7 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Cassandra Bumgarner, Historic Preservation Planner Brad Yatabe , Legal SUBJECT Second Reading of Ordinance No . 072 , 2019 , Designating the Kamal/Livingston Property, 608 West Laurel Street , Fort Collins , Colorado , as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins . EXECUTIVE SUMMARY This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1 (f) of the Council's Rules of Meeting Procedures adopted in Resolution 2019-064. This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , designates the Kama l/Livingston Property, 608 West Laurel Street , as a Fort Collins Landmark, for its early mid -century vernacular architecture with Colonial Revival details . This is a voluntary designation at the property owner' s request. The Landmark Preservation Commission unanimously recommends approving this landmark designation . STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading . ATTACHMENTS 1 . First Reading Agenda Item Summary, May 21 , 2019 (w/o attachments ) (PDF ) 2 . Ordinance No . 072 , 2019 ( PDF ) Item # 7 Page 1 Packet Pg . 84 ATTACHMENT 1 7' 7 Agenda Item 8 AGENDA ITEM SUMMARY May 21 2019 City CouncilY L E STAFF 0 Cassandra Bumgarner, Historic Preservation Planner N Brad Yatabe , Legal = J SUBJECT E Y First Reading of Ordinance No . 072 , 2019 , Designating the Kamal/Livingston Property, 608 West Laurel Street, N ti Fort Collins , Colorado , as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort o Collins . qe Cn 11 EXECUTIVE SUMMARY 0 0 This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in y accordance with the procedures described in Section 1 (e) of the Council's Rules of Meeting Procedures adopted in Resolution 2018-034. E The purpose of this item is to consider the request for landmark designation of the Kamal/Livingston Property , 608 West Laurel Street, for its early mid-century vernacular architecture with Colonial Revival details . This is a a voluntary designation at the property owner' s request . The Landmark Preservation Commission unanimously 0 recommends approving this landmark designation . 3 o� STAFF RECOMMENDATION N Staff recommends adoption of the Ordinance on First Reading . 04, 0 BACKGROUND / DISCUSSION �a The Kamal/Livingston Property is eligible for Fort Collins Landmark Designation under City Code Section 14- E 22 (a)(3) , Design/Construction , as an excellent example of a vernacular, mid-century residence and garage with Colonial Revival details with a preponderance of all seven aspects of integrity. The workmanship of the Colonial Cn Revival details sets the property apart from other vernacular buildings constructed during this period and add to the E architectural significance of the property. Beautiful Colonial details on the property include the symmetrical fagade = with a highly accentuated front door, flanked by two full size windows that mimic the look of sidelights ; multi-pane ma glazing of the windows ; and , historic porch railing , visible as far back as the 1950 Larimer County Tax Assessor photo , in the Chinese Chippendale pattern . The Kamal/Livingston Property is a great example of a residence and Q garage that have beautiful Colonial details while retaining the simple vernacular form . CITY FINANCIAL IMPACTS Recognition of this property as a Fort Collins Landmark enables its owners to qualify for local financial incentive ;n programs available only to Landmark designated properties . BOARD / COMMISSION RECOMMENDATION At its April 17 , 2019 , regular hearing , the Landmark Preservation Commission unanimously (8-0) adopted a resolution recommending adoption of an ordinance by Council for landmark designation . Q Item # 8 Page 1 Packet Pg . 85 7. 1 Agenda Item 8 PUBLIC OUTREACH The Landmark Preservation Commission held a public hearing on this item at its April 17 , 2019 , meeting . Y L ATTACHMENTS E 00 1 . Location Map ( PDF ) J _ 2 . Landmark Preservation Commission Resolution No . 2 , 2019 ( PDF) O 3 . Landmark Designation Application ( PDF ) J_ E Y N ti O N 11 qe O O N _ N E t V O 3 o� 0 N N O E E 7 N E d _ N a1 Q a1 _ N N L_ _ E V f+ Q Item # 8 Page 2 Packet Pg . 86 7.2 ORDINANCE NO. 0729 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE KAMAL/LIVINGSTON PROPERTY, 608 WEST LAUREL STREET, FORT COLLINS , COLORADO, AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS , pursuant to City Code Section 14- 1 , the City Council has established a public policy encouraging the protection, enhancement and perpetuation of historic landmarks within the City; and WHEREAS, by resolution adopted on April 17, 2019, the Landmark Preservation o Commission (the "Commission") determined that the Kamal/Livingston Property at 608 West a Laurel Street in Fort Collins, as more specifically described in the legal description below (the J "Property"), is eligible for landmark designation pursuant to City Code Chapter 14, Article II, c for the buildings ' high degree of integrity, and for its significance to Fort Collins under City *a, Code Section 14-22(a)(3 ), Design/Construction, for the Property' s representation as a great c example of a mid-century vernacular property with Colonial Revival details ; and WHEREAS, the Commission further determined that designation of the Property will Y advance the policies and purposes set forth in City Code Sections 14- 1 and 14-2 in a manner N and extent sufficient to justify designation; and o WHEREAS , the Commission recommends that the City Council designate the Property as a Fort Collins landmark; and o 00 WHEREAS , the owners of the Property have consented to such landmark designation and c desire to protect the Property ; and N N ti O WHEREAS , such landmark designation will preserve the Property ' s significance to the c community; and WHEREAS , the City Council has reviewed the recommendation of the Commission and = desires to follow such recommendation and designate the Property as a landmark; and O WHEREAS , designation of the Property as a landmark is necessary for the prosperity, civic pride, and welfare of the public. rm NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT a COLLINS as follows : Section 1 . That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2 . That the Property located in the City of Fort Collins, Larimer County, Colorado, described as follows, to wit: - 1 - Packet Pg . 87 7.2 LOT 18, BLOCK 4, WEST LAWN, CITY OF FORT COLLINS , COUNTY OF LARIMER, STATE OF COLORADO be designated as a Fort Collins Landmark in accordance with City Code Chapter 14. Section 3 . That alterations, additions and other changes to the buildings and structures located upon the Property will be reviewed for compliance with City Code Chapter 14, Article IV, as currently enacted or hereafter amended. Introduced, considered favorably on first reading, and ordered published this 21 st day of ^, May, A.D . 2019 , and to be presented for final passage on the 4th day of June, A.D . 2019 . E a _ J _ Mayor o ATTEST : J E Y Chief Deputy City Clerk c Passed and adopted on final reading on the 4th day of June , A.D . 2019 . N 0 0 TOM oM 0 N Mayor Pro Tern N ATTEST : o 0 z a� City Clerk O _ m E Q -2 - Packet Pg . 88 Agenda Item 8 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Karen McWilliams , Historic Preservation Planner Brad Yatabe , Legal SUBJECT Second Reading of Ordinance No . 073 , 2019 , Designating the Alfred Parker Duplexes I and ll , 221 -229 West Mulberry Street, Fort Collins , Colorado , as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins . EXECUTIVE SUMMARY This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1 (f) of the Council's Rules of Meeting Procedures adopted in Resolution 2019-064. This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , designates the Alfred Parker Duplexes I and 11 , 221 -229 West Mulberry Street , as a Fort Collins Landmark , for being rare examples of twin American Foursquare duplex architecture . This is a voluntary designation at the property owner' s request. The Landmark Preservation Commission unanimously recommends approving this landmark designation . STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading . ATTACHMENTS 1 . First Reading Agenda Item Summary, May 21 , 2019 (w/o attachments ) (PDF ) 2 . Ordinance No . 073 , 2019 ( PDF ) Item # 8 Page 1 Packet Pg , 89 ATTACHMENT 1 Agenda Item 9 AGENDA ITEM SUMMARY May 21 2019 City Council L E J STAFF aNi x W Karen McWilliams , Historic Preservation Planner Brad Yatabe , Legal L m L SUBJECT a a� L First Reading of Ordinance No . 073 , 2019 , Designating the Alfred Parker Duplexes I and 11 , 221 -229 West Q Mulberry Street, Fort Collins , Colorado , as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins . c W EXECUTIVE SUMMARY 11 Lo qT This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in 00 accordance with the procedures described in Section 1 (e) of the Council's Rules of Meeting Procedures adopted in Resolution 2018-034. c m The purpose of this item is to consider the request for landmark designation of the Alfred Parker Duplexes I and II , 221 -229 West Mulberry Street, as rare examples of twin American Foursquare duplex architecture . This is a voluntary designation at the property owner' s request . The Landmark Preservation Commission unanimously recommends approving this landmark designation . o 3 STAFF RECOMMENDATION T N Staff recommends adoption of the Ordinance on First Reading . N BACKGROUND / DISCUSSION M The Alfred Parker Duplexes I and II are significant to Fort Collins for their architecture and demonstrate a high level of all seven aspects of integrity. The two buildings are rare examples of twin duplexes , each having been E constructed as a two-story side-by-side duplex with a mirrored design to accommodate the duplex form . The E Alfred Parker Duplexes are also notable for their excellent representation of the American Foursquare co architectural style , as well as their outstanding workmanship , strength of design , and clear association with each E other. +' Ca ma CITY FINANCIAL IMPACTS a� Q Recognition of these properties as a Fort Collins Landmark enables its owners to qualify for financial incentive programs available only for designated properties . �a a� BOARD / COMMISSION RECOMMENDATION L At its April 17 , 2019 , regular hearing , the Landmark Preservation Commission unanimously (8-0 , Murray absent) adopted a resolution recommending adoption of an ordinance by Council for landmark designation . a� E U ca Q Item # 9 Page 1 Packet Pg . 90 8. 1 Agenda Item 9 PUBLIC OUTREACH L The Landmark Preservation Commission held a public hearing on this item at its April 17 , 2019 , meeting . E 00 ATTACHMENTS J N 1 . Location Map ( PDF ) x 2 . Landmark Preservation Commission Resolution No . 3 , 2019 ( PDF) w 3 . Staff Report to Landmark Preservation Commission , April 17 , 2019 ( PDF ) 4 . Photos ( PDF) L m L a a� L w Q M ti O LO qe O O N C N E L C� O 3 v r O N N L M E E 7 N E d C d 01 a N L M E U Q Item # 9 Page 2 Packet Pg . 91 8.2 ORDINANCE NO. 073 , 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE ALFRED PARKER DUPLEXES I AND II, 221 -229 WEST MULBERRY STREET, FORT COLLINS , COLORADO, AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS , pursuant to City Code Section 14- 1 , the City Council has established a public policy encouraging the protection, enhancement and perpetuation of historic landmarks Y within the City; and ma WHEREAS , by resolution adopted on April 17, 2019 , the Landmark Preservation J Commission (the "Commission") determined that the Alfred Parker Duplexes I and II at 221 - 229 West Mulberry Street in Fort Collins, as more specifically described in the legal description X below (the "Property"), are eligible for landmark designation pursuant to City Code Chapter 14, C Article II, for the buildings ' high degree of integrity, and for their significance to Fort Collins under City Code Section 14-22(a)(3), Design/Construction, for the Property ' s representation as Y a rare example of twin American Foursquare style duplexes ; and a as WHEREAS , the Commission further determined that designation of the Property will w advance the policies and purposes set forth in City Code Sections 14- 1 and 14-2 in a manner M and extent sufficient to justify designation; and o co WHEREAS , the Commission recommends that the City Council designate the Property ,a a as a Fort Collins landmark; and 00 WHEREAS , the owners of the Property have consented to such landmark designation c and desire to protect the Property; and N eo ti 0 WHEREAS , such landmark designation will preserve the Property ' s significance to the c community; and Z as WHEREAS , the City Council has reviewed the recommendation of the Commission and c desires to follow such recommendation and designate the Property as a landmark; and O WHEREAS , designation of the Property as a landmark is necessary for the prosperity, civic pride, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT a COLLINS as follows : Section 1 . That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2 . That the Property located in the City of Fort Collins, Larimer County, Colorado, described as follows, to wit: - 1 - Packet Pg . 92 8.2 A PORTION OF LOTS 9 AND 10, BLOCK 105 , HARRISON ' S ADDITION TO THE CITY OF FORT COLLINS , DESCRIBED AS FOLLOWS : BEGINNING AT A POINT 72 . 5 FEET EAST OF THE NORTHWEST CORNER OF LOT 9, IN SAID BLOCK 105 , THENCE EAST 77 . 5 FEET; THENCE SOUTH 60 FEET; THENCE WEST 77 . 5 FEET; THENCE NORTH 60 FEET; TO THE POINT OF BEGINNING, ALSO KNOWN BY STREET AND NUMBERS AS 221 -223 WEST MULBERRY STREET; AND THAT PORTION OF LOTS 9 AND 10, BLOCK 105 , HARRISON ' S ADDITION TO THE CITY OF FORT COLLINS , DESCRIBED AS i FOLLOWS : BEGINNING AT A POINT 36 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 9, THENCE SOUTH 60 FEET; THENCE EAST 36 . 5 FEET; _ THENCE NORTH 60 FEET; THENCE WEST 36 . 5 FEET; TO THE POINT OF BEGINNING, ALSO KNOWN BY STREET AND NUMBER AS 227 WEST MULBERRY STREET; AND THAT PORTION OF LOTS 9 AND 10, BLOCK 105 , 2 HARRISON ' S ADDITION TO THE CITY OF FORT COLLINS, DESCRIBED AS o FOLLOWS : THE WEST 36 FEET OF LOT 9 AND THE WEST 36 FEET OF THE L NORTH 10 FEET OF LOT 10, BLOCK 105 , ALSO KNOWN BY STREET AND Y NUMBER AS 229 WEST MULBERRY STREET, CITY OF FORT COLLINS, COUNTY a OF LARIMER, STATE OF COLORADO w Q be designated as a Fort Collins Landmark in accordance with City Code Chapter 14. 0 Section 3 . That alterations, additions and other changes to the buildings and can structures located upon the Property will be reviewed for compliance with City Code Chapter 14, LO Article IV, as currently enacted or hereafter amended. 00 Introduced, considered favorably on first reading, and ordered published this 21 st day of N May, A.D. 2019 , and to be presented for final passage on the 4th day of June, A.D . 2019 . ti 0 0 z as Mayor ATTEST : _ �a L O Chief Deputy City Clerk a -2- Packet Pg . 93 8.2 Passed and adopted on final reading on the 4th day of June, A.D . 2019 . Mayor Pro Tern ATTEST : Y L City Clerk E J N N K O O. 7 L Y L a as L W Q CO ti O O O CO W O N M ti O O Z d _ to _ :a L O _ a - 3 - Packet Pg . 94 Agenda Item 9 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Timothy Kemp , Civil Engineer III Chad Crager, Director of Infrastructure Services Chris Van Hall , Legal SUBJECT Second Reading of Ordinance No . 074 , 2019 , Making Appropriations and Authorizing Transfers of Appropriations for the Lemay and Vine Intersection Improvements Project and Related Art in Public Places . EXECUTIVE SUMMARY This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , appropriates $9 . 1M of Transportation Capital Expansion Fee (TCEF) and Transportation Reserve Funds into the Capital Project Fund for the Lemay and Vine Intersection Improvements Project. In addition , this item will authorize the transfer of $91 , 000 , one percent of the appropriated funds , from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places . The overall project cost, including design , property acquisition , and construction , is estimated at $23 . 3M . The City has previously appropriated $3 . 7M , and this appropriation would add $9 . 1 M to the project . The remaining funding needed for the project is $ 10 . 5M in 2019 dollars . STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading . ATTACHMENTS 1 . First Reading Agenda Item Summary, May 21 , 2019 (w/o attachments ) ( PDF ) 2 . Ordinance No . 074 , 2019 ( PDF ) Item # 9 Page 1 Packet Pg . 95 ATTACHMENT 1 9' 1 Agenda Item 16 AGENDA ITEM SUMMARY May 21 , 2019 CouncilCity v N O L - a 0 STAFF m N L Timothy Kemp , Civil Engineer III Chad Crager, Director of Infrastructure Services = Chris Van Hall , Legal �a SUBJECT E J First Reading of Ordinance No . 074 , 2019 , Making Appropriations and Authorizing Transfers of Appropriations ti for the Lemay and Vine Intersection Improvements Project and Related Art in Public Places . o EXECUTIVE SUMMARY 0 The purpose of this item is to appropriate $9 . 1 M of Transportation Capital Expansion Fee (TCEF ) and 00 Transportation Reserve Funds into the Capital Project Fund for the Lemay and Vine Intersection Improvements Project . In addition , this item will authorize the transfer of $91 , 000 , one percent of the appropriated funds , from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places . E The overall project cost, including design , property acquisition , and construction , is estimated at $23 . 3M . The City has previously appropriated $3 . 7M , and this appropriation would add $9 . 1 M to the project. The remaining funding needed for the project is $ 10 . 5M in 2019 dollars . 0 3 STAFF RECOMMENDATION 0 N Staff recommends adoption of the Ordinance on First Reading . N BACKGROUND / DISCUSSION The Lemay Avenue realignment and intersection improvements have been prioritized as the City's highest priority Transportation Capital Improvement Project. The Lemay Avenue realignment and grade separation has E been on the City's Master Street Plan for nearly 30 years and is a critical infrastructure improvement needed to address existing transportation deficiencies , growth related impacts of new development , and neighborhood Cn livability . The existing intersection operations continue to degrade which has led to increased safety, congestion , Y and access problems for local neighborhoods , railways , emergency services , and the traveling public. Unlike most railroad crossings within Fort Collins , the existing Lemay Avenue and Vine Drive intersection is greatly _ impacted due to the proximity of the BNSF and Great Western Railroad switching yard along Vine Drive . 0 a� Additionally, the existing intersection is severely congested with limited options to expand through lanes or turn Q capacity due to the proximity to houses and driveways . The Lemay and Vine Intersection Improvements Project will construct a new roadway ( realigned Lemay Avenue ) from Lincoln Avenue to Conifer Street, and a new intersection slightly northeast of the existing Lemay Avenue and Vine Drive intersection . The project will also contain a roadway bridge over the Burlington Northern Santa ;n Fe ( BNSF ) Railway and Vine Drive . The construction of this project will alleviate existing deficiencies and provide a key infrastructure asset for growth related impacts of new development in northeast Fort Collins . More specifically, this project will : �a a Item # 16 Page 1 Packet Pg . 96 9. 1 Agenda Item 16 • Improve quality of life , equity , and neighborhood livability for Andersonville , Buckingham , and Alta Vista by removing arterial traffic volumes off Ninth Street • Reduce accidents and congestion , and improve emergency services coverage by separating travel modes (D from BNSF Railway switching operations o • Improve air quality by reducing the emissions from idling vehicles , whereby aligning with the goals of the a Climate Action Plan o • Provide multi- modal connectivity to the new Sugar Beet Park at the southwest corner of Vine and Lemay N L The overall project cost, including design , property acquisition , and construction is estimated at $23 . 3M . The project is being designed and constructed in phases , enabling the project to move forward as project funding = becomes available . Phase One advanced the project's engineering design to 50% , placed fill dirt for the future bridge , installed a box culvert to convey stormwater, and completed a majority of the property acquisitions necessary to construct the improvements . This total cost to complete this work was $3 . 7M . E As this project will be adding growth-related vehicular and multimodal capacity to the transportation network , the � project is eligible to be partially funded using Transportation Capital Expansion Fee (TCEF ) funds . This project will be replacing an existing two-lane roadway with a new four-lane roadway ; resulting in a net gain of two travel o lanes . These new travel lanes will address growth -related impacts by providing additional capacity and are u eligible to be funded by TCEF funds . Reconstruction of the existing two travel lanes is considered correction of an existing deficiency and must be funded by other sources . To ensure funding proportionality, staff developed 0 a funding contribution model to assign funding responsibilities for TCEF , developer obligations , and other City o funding sources . Staff calculated the total TCEF contribution available for the project as $ 10 . 7M of which $ 1 . 8M N (2019 Dollars ) will be reimbursed by future proximate development. a� E Approximately $ 1 . 6M of TCEF funds have been previously appropriated to the project as part of Phase One . Appropriating an additional $9 . 1 M in TCEF funds for Phase two enables the following : Right-of-way purchases for realigned Lemay Avenue , south of Vine Drive ; and the Buckingham Street • extension from Ninth Street to realigned Lemay 3 • Complete the final design and begin construction c • Complete dirt placement and install utilities along realigned Lemay Avenue • Obtain Public Utilities Commission ( PUC ) approval for the roadway bridge and complete a Construction and N Maintenance Agreement with BNSF Staff anticipates the efficiencies gained through initiating the above items in 2019 will reduce the overall project duration by one year. Reducing the project's overall time frame will also result in cost savings for the project. E Per City Code Section 24-304 , all appropriations for construction projects estimated to cost over $250 , 000 shall include an amount equal to one percent of the estimated cost for works of art. The total Art in Public Places E funds to be appropriated is $91 , 000 . This item will transfer $70 , 980 of the TCEF appropriations to the Art in a) Public Places Program . Staff has identified the Transportation Reserves as a means to provide the additional $20 , 020 needed to provide long-term maintenance for the art. 00 _ a� a� CITY FINANCIAL IMPACTS Q a� _ This action will appropriate $9 . 1 M into the Capital Project Fund for the Lemay and Vine Intersection Improvements Project and transfer $91 , 000 from the Capital Project Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program . L_ The following is a summary of funds to be appropriated with this action : m E �a a Item # 16 Page 2 Packet Pg . 97 9. 1 Agenda Item 16 Prior Appropriated Funds 2015 / 2016 BFO Process ( Keep Fort Collins Great) $ 17050 , 000 Y 2017 / 2018 BFO Process (General Fund Reserves ) $ 17000 , 000 W Transportation Capital Expansion Fee Funds $ 176442723 0 Total Prior Appropriations Phase I $35694,723 a 0 Funds to be Appropriated with this Action Phase II m Transport tion Capital Expansion Fee Funds Reserves $9 , 079 , 980 L Transportation Reserves $20 , 020 Total Funds to be Appropriated with this Action $9 , 1009000 _ Total Current Project Budget $ 1297949723 �a E Transfer to Art in Public Places $91 ,000 J The overall project cost, including design , property acquisition , and construction , is estimated at $23 . 3M , leaving c an overall shortage of $ 10 . 5M in 2019 dollars . BOARD / COMMISSION RECOMMENDATION 0 0 Staff has presented to various Boards and Commissions over the course of the project, including presentations to the Transportation Board , the Futures Committee , the Council Finance Committee , and at Council Work _ Sessions . At the April 15 , 2019 Council Finance Committee (CFC ) meeting , unanimous support was given for 0 bringing this appropriation to the full Council . Draft CFC meeting minutes specific to this item are attached . PUBLIC OUTREACH M 0 Staff has given many formal presentations and provided project information at City sponsored events . Staff 3 designed the outreach to encourage public participation and collect feedback. Staff is actively addressing 0 community questions and working with nearby residents , business owners , landowners , and proposed N development projects . N Summary of Public Engagement to Date : • February 2016 - Public Open House (Streets Facility) 122 people signed in for the event • August 2016 - Lincoln Neighborhood Ice Cream Social • November 2016 - Presentation to Alta Vista residents E • September 2017 - Open House event for Alta Vista , Andersonville , and Buckingham residents at the E Legacy Church ( Ninth Street and San Cristo Street) Cn • December 2017 and March 2018 - Fort Collins Area Chamber of Commerce E m • February 2018 - Fort Collins Sertoma Club = • March 2018 and February 2019 - North Fort Collins Business Association a� Staff will continue public outreach and engagement efforts with stakeholders throughout the duration of the Q project. _ In addition , staff maintains an active project website available at: < http ://www.fcgov . com/engineering/vine- lemay. php> L ATTACHMENTS ii 1 . Location Map ( PDF) E 2 . Council Finance Committee minutes , April 15 , 2019 (draft) ( PDF) 3 . Powerpoint presentation ( PDF) a Item # 16 Page 3 Packet Pg . 98 ORDINANCE NO, 074, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPROPRIATIONS AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE LEMAY AND VINE INTERSECTION IMPROVEMENTS PROJECT AND RELATED ART IN PUBLIC PLACES WHEREAS , the Lemay Avenue realignment and intersection improvements have been prioritized as the City' s highest priority Transportation Capital Improvement Project and has been on the City ' s Master Street Plan for nearly 30 years ; and m 'o WHEREAS, the Lemay and Vine Intersection Improvements Project will construct a new a realigned Lemay Avenue from Lincoln Avenue to Conifer Street, and a new intersection slightly o northeast of the existing Lemay Avenue and Vine Drive intersection (the "Project") ; and as WHEREAS , the Project will alleviate existing deficiencies and provide a key infrastructure asset for northeast Fort Collins while also adding vehicular and multimodal capacity to the existing = transportation network within the Project area; and > WHEREAS, the Project cost is currently estimated at $23 . 3 million and will be replacing J an existing two-lane roadway with a new four-lane roadway, which results in a net gain of two travel lanes ; and o WHEREAS , because these new travel lanes will address growth-related impacts by providing additional capacity to the existing transportation network, the Project is eligible to be 0 partially funded through Transportation Capital Expansion Fee ("TCEF") funds; and c) 0 WHEREAS , staff developed a funding contribution model and calculated the total TCEF `N qe contribution available for the Project as $ 10 . 7 million, of which $ 1 . 8 million (in 2019 dollars) will c be reimbursed by future development of land adjacent to the Project; and o z as WHEREAS, this Ordinance appropriates $9 . 1 million in TCEF funds to the Project; and WHEREAS , this appropriation will also address Art in Public Places obligations associated O with this appropriation of $9 . 1 million for the Project; and rm WHEREAS , this appropriation benefits the public and residents of the City of Fort Collins because it enhances existing roadway and infrastructure within the City; and Q WHEREAS , Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS , the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the - 1 - Packet Pg . 99 9.2 Transportation Capital Expansion Fee Fund and will not cause the total amount appropriated in the Transportation Capital Expansion Fee Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any 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 Transportation Fund and will not cause the total amount appropriated in the Transportation 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 c transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof a from one fund or capital project to another fund or capital project, provided that the purpose for o 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 as project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and = WHEREAS , this Project involves construction estimated to cost more than $250,000, as such, Section 23 -304 of the City Code requires one percent of these qualified appropriations to be J transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program. c NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : 0 o� Section 1 . That the City Council hereby makes and adopts the determinations and c findings contained in the recitals set forth above. NIN 401 0 Section 2 . That there is hereby appropriated for expenditure from prior year reserves in o the Transportation Capital Expansion Fee Fund for transfer to the Capital Projects Fund the sum of NINE MILLION SEVENTY-NINE THOUSAND NINE HUNDRED EIGHTY DOLLARS c ($9,079,980) for the Lemay and Vine Intersection Improvements Project and appropriated therein. L O Section 3 . That there is hereby appropriated for expenditure from prior year reserves in c the Transportation Fund for transfer to the Capital Projects Fund the sum of TWENTY E THOUSAND TWENTY DOLLARS ($20,020) for the Lemay and Vine Intersection Improvements Project and appropriated therein. Q Section 4 . That the unexpended appropriated amount of SEVENTY THOUSAND NINE HUNDRED EIGHTY DOLLARS ($70,980) in the Capital Projects Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Art Project. Section 5 . That the unexpended appropriated amount of EIGHTEEN THOUSAND -2- Packet Pg . 100 9.2 TWO HUNDRED DOLLARS ($ 18 ,200) in the Capital Projects Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Operations , Section 6 . That the unexpended appropriated amount of ONE THOUSAND EIGHT HUNDRED TWENTY DOLLARS ($ 1 , 820) in the Capital Projects Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance. Introduced, considered favorably on first reading, and ordered published this 21 st day of May, A.D . 2019 , and to be presented for final passage on the 4th day of June, A. D . 2019 . o a _ 0 r a� Mayor ATTEST : as E as Chief Deputy City Clerk ti 0 Passed and adopted on final reading on the 4th day of June, A.D . 2019 . co 0 TOM o� 0 Mayor Pro Tem NIN ATTEST : c 0 z as City Clerk = L 0 _ E arm M ANION Q - 3 - Packet Pg . 101 10 Agenda Item 10 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Link Mueller, Utilities Special Projects Manager Carol Webb , Deputy Director, Utilities Eric Potyondy, Legal SUBJECT First Reading of Ordinance No . 075 , 2019 , Making Appropriations and Authorizing Transfers of Appropriations for the Drake Water Reclamation Facility Sidestream Treatment Project and Related Art in Public Places . EXECUTIVE SUMMARY The purpose of this item is to request an appropriation for additional funding for the Drake Water Reclamation Facility ( DWRF) Sidestream Treatment Project. This request is necessary to complete the permit- required project within the required timeframe to meet DWRF 's National Pollution Discharge Elimination System ( NPDES ) phosphorus compliance schedule deadline of December 31 , 2020 . Successful operation of this infrastructure will also earn regulatory credits to delay future capital project expenses by upwards of 10 years . STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading . BACKGROUND / DISCUSSION The purpose of this agenda item is to request an appropriation of $ 1 . 1 million for additional funding for the Drake Water Reclamation Facility ( DWRF ) Sidestream Treatment Project. The current project budget is $4 . 3 million . The additional $ 1 . 1 million appropriation will increase the project budget to $ 5 .4 million . The cost estimate at 60% project design , completed in January 2019 , for the Sidestream Treatment project is greater than the approved budget. Key Project Drivers The Sidestream Treatment Project is necessary for DWRF to meet future nutrient water quality regulations by the Colorado Department of Public Health and Environment (CDPHE ) . The DWRF NPDES permit includes a phosphorus compliance schedule to ensure the City is successful in meeting the required phosphorus limits by January 1 , 2021 . The Sidestream Treatment Project is a necessary addition required for DWRF to meet these proposed phosphorus standards . Nutrient removal projects have been identified as part of the Utility's Capital Improvement Planning ( CIP) and Master Planning efforts for the last ten years . The current CIP-identified Nutrient Removal Projects required to meet future nutrient limits by the Environmental Protection Agency ( EPA) and CDPHE and have future potential costs of approximately $70 million by 2028 . The Wastewater Utility has been actively planning to minimize this cost as much as possible through participation in the CDPHE Nutrient Incentive Program and the American Water Works Association Clean Water Partnership . Participation in these programs could provide the City both schedule and financial relief of up to 10 years . Item # 10 Page 1 Packet Pg . 102 10 Agenda Item 10 Rationale for Appropriation Request A conceptual class 5 cost estimate of $4 . 3 million was developed for the 2017-2018 BFO cycle based upon capacity, modeling , analogous projects and the available sidestream treatment technologies . As stated in the BFO offer, the design was based on a conceptual design and a complete design could result in an increase or decrease of the cost to meet the design deliverables . As design progressed , additional detail , including equipment selection , and other specifications resulted in increased project costs . A contingency in the additional budget request has been included , appropriate for the current level of design . The following three major factors impacted the budget requiring this appropriation request: 1 . A new sludge feed pump station was required in addition to other improvements increasing construction costs approximately $625 , 000 . It had been anticipated , but not feasible , that the existing sludge pumps could be used . Thus , staff has now determined that their use is not feasible . 2 . Completion of the 60% design cost estimate (class 2 ) revealed an error in the original BFO class 5 estimate allowing the original BFO request to be approximately $325 , 000 under-funded . In the future , BFO offer estimates , including backup documentation , will be provided to management staff for review. 3 . The retirement of the Utilities' lead programming engineer impacted the ability to self- perform all the process programming , integration , and operator interface requirements of the plants . Additional support from the equipment manufacturers and consulting engineers is required for process programming and integration costing approximately $ 150 , 000 . For the 2019-2020 BFO budget cycle , staff initiated a process where larger projects will start with a "design only" phase so that better construction estimates can be obtained prior to appropriation . This practice will address the budgeting issues that occurred for this project. The current DWRF NPDES permit requires the City to comply with nutrient regulations by January 1 , 2021 . The permit's compliance schedule also indicates the construction must begin by December 31 , 2019 . It is critical to begin construction as soon as possible in 2019 in order to give facility staff adequate time to optimize the system to comply with required nutrient limits by the January 1 , 2021 deadline . ENVIRONMENTAL IMPACTS In March 2013 , CDPHE promulgated Regulation #85 , requiring Publicly Owned Treatment Works ( POTWs) with greater than 2 million gallons per day capacity to meet more stringent effluent water quality standards . The regulation mandates that existing POTWs limit their effluent discharge on a monthly median value of Total Phosphorus to 1 . 0 mg/L and Total Inorganic Nitrogen (TIN ) of 15 mg/L . DWRF currently meets the TIN limit , but the improvements installed with the Sidestream Treatment Project are necessary to help meet the Total Phosphorus limit . While phosphorus and nitrogen are building blocks of organic life , high concentrations in lakes , reservoirs , and receiving waters can lead to lower dissolved oxygen levels , poison aquatic life , and eutrophication . POTWs are only one of three major sources of nutrient contamination of receiving waters (urban and agricultural non -point source run-off being the other two) but are the easiest to regulate being a point source contributor. ALTERNATIVE ANALYSIS As project design evolved and the need for additional funding became apparent, the project team evaluated the following project alternatives : 1 . Value engineering . The project team , including City staff, the general contractor, and the design engineer evaluated construction and design variables that could be eliminated and/or reduced and still deliver an effective project. While numerous items were removed or revised , this evaluation was not successful in bringing the overall project costs down to within the available budget. 2 . Not complete the project . This alternative would jeopardize not only immediate regulatory compliance performance but future nutrient compliance issues as well . Item # 10 Page 2 Packet Pg . 103 10 Agenda Item 10 3 . Request $ 1 . 1M as an off-cycle appropriation request . This is the preferred and recommended alternative by City staff. This alternative is also recommended by the City' s Water Board . CITY FINANCIAL IMPACTS This Ordinance appropriates $ 1 , 111 , 000 of Wastewater Fund Reserves for the DWRF Sidestream Treatment Project (which includes $ 11 , 000 for Art in Public Places ) . Adequate funds exist in the Wastewater Fund reserves to cover this request for additional appropriations . In the latest 10 -year Wastewater Capital Improvement Program (CIP) , $80-$ 100 million of capital improvements were identified and this is a relatively small increase . A rate increase beyond what is already planned will not be required as a result of this request . BOARD / COMMISSION RECOMMENDATION At its April 18 , 2019 , meeting , the Water Board voted unanimously to recommend approval of the appropriation . (Attachment 2 ) At its May 20 , 2019 , meeting , the Council Finance Committee supported the additional appropriation . (Attachment 3) ATTACHMENTS 1 . 2017-2018 BFO Offer ( PDF ) 2 . Water Board minutes , April 18 , 2019 (draft) ( PDF ) 3 . Council Finance Committee minutes , May 20 , 2019 (draft) ( PDF ) Item # 10 Page 3 Packet Pg . 104 ATTACHMENT 1 10. 1 Packages and Offers Budget Years : 2017 - 2018 ENVIRONMENTAL HEALTH 6 . 55 ENHANCEMENT 1 . 0 FTE - Utilities : Wastewater - Resource Recovery Specialist - Funded 2017 - $625453 m 2018 - $775065 a This offer will provide funding for an additional Resource Recovery ( RR) Specialist at Meadow Springs Ranch (MSR) . MSR is a 26 , 600-acre property a managed by the Water Reclamation and Biosolids Division . The primary function and purpose of MSR is for biosolids land application , cattle grazing and CL environmental stewardship of rangeland ecology . Q rm RR Specialists perform daily operational activities on MSR, located 30 miles north of Fort Collins . Currently two dedicated FTEs perform all operations on the property. Because of this current lack of FTEs , staff must work alone , which presents a safety risk and limits the efficiency of work completed on such a large property. In addition , because of this lack of redundancy , staff has limited opportunities for training and development. Maintaining an acceptable Q work/life balance is also a challenge when scheduling vacations and ensuring adequate coverage . a) .1 Since 1994 , biosolids production has increased 40% with early months of 2016 indicating this increase will continue . Because of the increase , the need to 0 maintain one dedicated biosolids hauler/driver (Resource Recovery Specialist) has further limited the staff available for day-to-day field operations and a maintenance activities on Meadow Springs Ranch . E a� V Meadow Springs Ranch is an industry-recognized best management example of successful regulatory compliant biosolids application , cattle operations , y endangered species protection , neighbor relationships and environmental stewardship . All of the above have been validated by third- party accreditation 2 through the EPA National Biosolids Management Program ( ISO 14001 based ) , EPA 503 Regulations , revenue generation from cattle grazing operation , y LL and numerous scientific studies with U . S . Environmental Protection Agency ( EPA) , Colorado State University (CSU ) , Colorado Fish and Game , Natural Areas and many more . o This Offer supports the following Strategic Objectives : ti - ENV 4 . 9 - Meet all regulatory requirements while supporting programs that go beyond compliance - HPG 7 .4 - Develop and implement initiatives to achieve safety goals and continue to focus on employee health and wellness a� - ENV 4 . 8 - Expand , improve , restore and protect wildlife habitat, urban forests and the ecosystems of the Poudre River and other ecosystems O 6 . 56 ENHANCEMENT CAPITAL - Utilities : Wastewater - Sidestream Treatment - Funded 2017 - $0 m 2018 - $433009000 0TOM 0 This offer funds the design and installation of a wastewater side stream treatment system to meet future nutrient (nitrogen and phosphorus ) regulations . N The recycle stream from biosolids dewatering carries high nutrient concentrations back to the main stream treatment system . Side stream treatment willTOM ti remove nutrients from the recycle stream , which can potentially be turned into fertilizer and reused . N The offer funds the design and installation of the side stream treatment system , a building to house the equipment; and ancillary piping , structural , and electrical improvements . Depending on equipment chosen , the equipment manufacturers also assist with handling and selling of the fertilizer to the E marketplace . U Q Packet Pg . 105 10. 1 Packages and Offers Budget Years : 2017 - 2018 ENVIRONMENTAL HEALTH d 7 C O As part of its Asset Management Program , Utilities determines its capital project priorities through established levels of service for sustainability , product quality and availability, reliability, compliance , customer satisfaction and safety . Performance and targets for established levels of service and L CL organizational objectives drive the priorities of the Utilities Capital Improvement Plan (CIP ) . 0 a CL The proposed dewatering improvements were evaluated in the Utilities CIP and Prioritization process and ranked No . 4 out of 46 projects within the Q Wastewater Fund . The project ranked high for compliance and sustainability due to the importance of side stream treatment in meeting regulatory mi� requirements and the opportunity to beneficially reuse the solids produced for fertilizer. c The cost estimate for this project is based on a conceptual design . A complete design may result in an increase or decrease in the cost to meet the Q project deliverables . This Offer supports the following Strategic Objectives : a 16 - ENV 4 . 9 - Meet all regulatory requirements while supporting programs that go beyond compliance a - ENV 4 . 6 - Work towards long-term zero waste goals within the community and the City organization E M - HPG 7 . 8 - Optimize the use of City assets through capital improvement planning , preventative maintenance and asset management N (n co 6 . 65 Utilities : Light & Power = Energy Services = Funded 2017 = $4, 234 , 054 y 2018 = $45263 , 877LL This offer funds energy services programs , including the staffing and resources to deliver annual efficiency and conservation program savings at an ongoing level from 2015 and 2016 . Together with offers 76 and 77 ( Energy Services Enhancement and FTE ) , this offer will achieve the Energy Policy annual portfolio savings targets in 2017 and 2018 ( 1 . 75% and 2 . 0% of community electricity use respectively) . Program planning , administration and funding are coordinated with Platte River Power Authority. This offer funds : • Efficiency Works Business incentives and technical assistance • Efficiency Works Home incentives , technical assistance and program management 0 • Consumer product incentives m • Home energy reports • Staff implementation and coordination for the Energy Policy, Journey to 2020 , FortZED , ClimateWise , On Bill Financing , Green Building , Renewable TOM Energy and Demand Response initiatives TOM Savings also result in annual carbon emissions reductions of more than 20 , 000 metric tons annually. Efficiency program savings are generated at an N average cost of 3 . 5 cents per kilowatt hour, 40% lower than the cost of wholesale electricity . Approximately 75% of the funding in this offer provides direct rebates or services to customers . E The City's efficiency and conservation programs are important pieces to the Journey to 2020 plan , comprising over 50% of the required savings to reach the 2020 goals . Efficiency and conservation are widely acknowledged as the most cost-effective path toward carbon emissions reductions . These Q Packet Pg . 106 10. 1 PROJECTSCAPITAL 1 1 By Outcome Offer # Offer Name 2017 2018 CULTURE & RECREATION 20 . 3 Grandview Cemetery Mausoleum $ 501000 $ 4507000 56 . 14 Gardens on Spring Creek Visitor Center - CCIP 0 271857000 N 70 . 3 East Community Park 2007000 0 70 . 3 Northeast Community Park 173607000 0 71 . 1 Poudre River Downtown Project - CCIP 417445000 0 c Recreational Trail Development 0 70 . 1 Trail Acquisition/Development 1 , 336 , 000 1 , 069 , 000 a Total Recreational Trail Development 113361000 110691000 a 0 Neighborhood Park Development Q 70 .2 Trailhead Park 814 , 000 343 , 000 Q Total Neighborhood Park Development 8141000 3431000 c TOTAL CULTURE & RECREATION $ 855049000 $ 490479000 0 Q ECONOMIC HEALTH 5 . 8 Utilities: Light & Power - New Feeder Capacity $ 4 , 615 ,492 $ 172877440 L) 5 . 9 Utilities: Light & Power - System Purchases 140 , 000 157000 0 5 . 11 Utilities : Light & Power - Distribution System Conversions 0 8007000 a 5 . 12 Utilities : Light & Power - System Improvements & Replacements 2 , 062 , 000 272257000 5 . 23 Utilities : Light & Power - Operational Technology - 1 . 0 FTE 27579 , 927 1827457 5 . 27 Utilities : Light & Power - Electric Distribution System Corrosion Mitigation 150 , 000 1757000 TOTAL ECONOMIC HEALTH $ 955475419 $ 456845897 y u_ ENVIRONMENTAL HEALTH 6 . 5 Utilities : Water - Treatment and Source of Supply $ 1 , 000 , 000 $ 170007000 6 . 6 Utilities : Water - Distribution Master Plan Priority Projects 179001000 173501000 6 . 7 Utilities : Water - Distribution Small Projects 1 , 000 , 000 1 , 110 , 000 6 . 8 Utilities : Water - Meter Replacement 8001000 8001000 ti 6 . 11 Utilities : Water - Water Quality Instrumentation 50 , 000 50 , 000 6 . 16 Utilities : Water - Water Quality Lab Infrastructure Replacement 173001000 173001000 6 . 17 Utilities : Water - Water Quality/Pollution Control Master Plan 210 , 000 0 0 6 . 26 Utilities : Water - Underground Electrical Power Supply 6501000 6501000 0 u_ 6 . 29 Utilities : Water - Cathodic Protection 0 272807000 m 6 . 30 Utilities : Water - Azalea Waterline Replacement 450 , 000 0 °r° 6 . 31 Utilities : Water - Poudre Canyon Raw Water Line Improvements 800 , 000 0 c N 6 .41 Utilities : Wastewater - Collection System Master Plan Priority Projects 4507000 3507000 ti 6 .42 Utilities : Wastewater - Collection System Small Projects 7067000 7437000 0 6 .43 Utilities : Wastewater - Cured in Place Pipe Lining 4501000 4507000 N 6 .44 Utilities : Wastewater - Water Reclamation and Biosolids 170007000 170007000 6 .45 Utilities : Wastewater - Pollution Control Lab Instrumentation 50 , 000 30 , 000 E 6 . 50 Utilities : Wastewater - Inflow- Infiltration Study 200 , 000 0 6 . 51 Utilities : Wastewater - Anaerobic Digester Lid Replacement 0 271001000 6 . 52 Utilities : Wastewater - Dewatering Improvements 27135 , 000 27135 , 000 Q 6 . 53 Utilities : Wastewater - Facility Sludge Strain Press Redundancy 7201000 8007000 6 . 54 Utilities : Wastewater - Water Reclamation and Biosolids Master Plan 500 , 000 0 6 . 56 Utilities : Wastewater - Sidestream Treatment 0 453007000 84 . 4 Nature in the City - CCIP 1907111 1891865 86 . 6 Natural Areas Shop Expansion 1257000 172501000 TOTAL ENVIRONMENTAL HEALTH $ 14,686, 111 $ 21 ,887,865 561 Packet Pg . 107 ATTACHMENT 2 10 .2 MINUTES Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions Excerpt from Unapproved DRAFT MINUTES - WATER BOARD REGULAR MEETING a April 18 , 2019 , 5 : 30 p . m . 222 Laporte Avenue , Colorado River Community Room a 0 U. CL Q ■ Budgeting for Outcomes ( BFO ) Offer 6 . 56 Drake Water Reclamation Q Facility ( DWRF ) Sidestream Treatment Additional Appropriation o Request Link Mueller, Special Projects Manager a Jason Graham, Plant Operations Director (Attachments available upon request ) 0 Presentation Summary a • Special Projects Manager , Link Mueller explained the need for an E additional appropriation of $ 1 . 1 million dollars for the DWRF Sidestream Cn Project . The Sidestream Treatment Project will remove soluble ma phosphorus with an Airprex System that chemically precipitates Fn phosphorus out of the liquid stream . DWRF doesn ' t currently meetum Regulation 85 phosphorus limit ( < 1 mg/L ) . The Airprex System will o remove 90 % of soluble phosphorus from the sludge . The sludge centrate loading accounts for 25 % of total plant phosphorus load . By treating the sludge , prior to dewatering , it removes the phosphorus and some of the ammonia while also improving the dewatering capabilities . The newly proposed construction start date is July 19 , 2019 . The System must be on - line and operational by December 31 , 2020 . The reason for an off- cycle appropriation is because with a mid -cycle appropriation , DWRF N could obtain funding but it couldn ' t be spent until January 1 , 2020 . 0 T Discussion Summary CL Q Board members commented on and inquired about various related topics including if the struvite is harmful to the system ( although some facilities have struvite issues , DWRF doesn 't ; The struvite will be formed in the reactor and initially sequestered in the biosolids . A future project could modify the process to allow struvite harvesting from the reactor ) ; why 0 m Airprex was chosen for the phosphorus removal process (Airprex has already gone through Colorado state process and it fit best with DWRF ' s CIO system ) ; whether there is an " Option B " ( DWRF needs to meet compliance . There is not necessarily an " Option B " at this point , but there is another project that involves carbon addition and will help ensure DWRF meets the phosphorus limit ) ; if there is a way to avoid M appropriation requests in the future ( Budgeting for Outcomes process Q provides more transparency and accountability , so appropriations will at 04 / 18 / 2019 — Excerpt from Unapproved DRAFT MINUTES Page 1 Packet Pg . 108 10.2 MINUTES Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS � Commissions WATER BOARD REGULAR MEETING a times need to occur) ; and a suggestion to include information about the o Colorado incentive fund to Council ( If DWRF meets compliance of Reg . 85 in 2020 and then meets Reg . 31 by 2028 , incentive credits could be o L earned . Funding to meet these future requirements has been set aside in a the Wastewater Fund reserves ) . Q 0 Board Member Bovee moved that the Water Board recommends to City Council the approval of the additional appropriation request of $ 1 . 1 million Q dollars from Wastewater Fund reserves for the DWRF Sidestream Project as recommended by City staff. o a Board Member Ortman seconded the motion . E Vote on the motion : It passed unanimously, 7 =0 . 0 �n um 0 ti ti v L r Q N T Q CIO N 7 C L 0 m L E a 0 / 15 /2018 — Excerpt from Unapproved DRAFT Page 2 Packet Pg . 109 ATTACP-1 M E I�T 3 10. 3 finance dZis ra ion City of 2 ' Mason 2n Floor PO Box 580 Fort Collins, CO 80522 F6rt y 970.221 .6788 M 970.221 .6782 - fax � fcgov. com c O L Q O L Finance Committee Meeting Minutes C 05/20/ 19 10am - noon o CIC Room - City Hall Q Council Attendees : Mayor Wade Troxell, Ross Cunniff, Ken Summers W Staff: Darin Atteberry, Kelly DiMartino, Jeff Mihelich , Mike Beckstead, Travis Storin, Blaine a Dunn , John Voss, Kevin Gertig, John Phelan, Terra Sampson , Theresa Connor, Sean E Carpenter, Lance Smith, Randy Reuscher, Jennifer Poznanovic, Carol Webb, Jason L Graham, Link Mueller, John Duval , Noelle Currell , Tyler Marr, Jo Cech, Ricketts, Zach Mozer, Carolyn Koontz u_ Others : Joel Stewart, Milliman, Dale Adamy, RIST ti Meeting called to order at 10 : 14 am ti Approval of Minutes from the April 19th 2019 Council Finance Committee Meeting . Ross Cunniff moved for approval of the minutes . Ken Summers seconded the motion . Minutes were approved unanimously . TOM Sidestream Treatment Project N Jason Graham , Director, Plant Operations N Carol Webb, Deputy Director, Utilities Link Meuller, Special Projects Manager vi m EXECUTIVE SUMMARY =_ The purpose of this agenda item is to request an appropriation for additional funding for the Drake Water a� Reclamation Facility ( DWRF ) Sidestream Treatment Project . This request is necessary to complete the permit- required project within the required timeframe to meet DWRF' s National Pollution Discharge Elimination System >_ ( NPDES ) Phosphorus ( P ) Compliance Schedule deadline of December 31, 2020 . Successful operation of this c infrastructure also will earn regulatory credits to delay future capital project expenses by upwards of 10 years . V m This request is an off-cycle request vs . a mid -cycle request due to the regulatory nature and schedule deadlines = required by CDPHE . ii GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED c Should staff move forward with this off-cycle appropriation request for the Sidestream Project? v BACKGROUND/DISCUSSION U Q Packet Pg . 110 10. 3 Fort Collins N N 7 The cost estimate at 60% project design, completed in January 2019, for the Sidestream Treatment project is m greater than the approved budget . The purpose of this agenda item is to request Council' s approval increase the W rm project budget from $4 . 3 million to $ 5 . 4 million for an additional appropriation of $ 1 . 1 million . 0 is L KEY PROJECT DRIVERS o L The Sidestream Treatment project is necessary for DWRF to meet future nutrient water quality regulations by a Colorado Department of Public Health and Environment ( CDPHE ) . The DWRF National Pollutant Discharge Q Elimination System ( NPDES ) permit includes a phosphorus Compliance Schedule to ensure the City is successful in c meeting the required phosphorus limits by January 01, 2021 . The Sidestream Treatment project is a necessary addition required for DWRF to meet these proposed phosphorus standards . Q Nutrient Removal Projects have been identified as part of the Utility' s Capital Improvement Planning ( CIP ) and U Master Planning efforts for the last ten years . The current CIP identified Nutrient Removal projects required to 0 meet future nutrient limits by the Environmental Protection Agency ( EPA) and CDPHE and have future potential a costs of approximately $70 million by 2028 . The Wastewater Utility has been actively planning to minimize this cost as much as possible through participation in the CDPHE Nutrient Incentive Program and the AWWA Clean N Water Partnership . Participation in these programs could provide the City both schedule and financial relief of up to 10 years . v� u_ W A conceptual class 5 cost estimate of $4 . 3 million was developed for the 2017 -2018 BFO cycle based upon capacity, modeling, analogous projects and the available Sidestream Treatment technologies . As stated in the BFO offer, the design was based on a conceptual design and a complete design could result in an increase or decrease of the cost to meet the design deliverables . As designed progressed, additional detail, including equipment selection, and other specifications resulted in increased project costs . A contingency in the additional budget request has been included, appropriate for the current level of design . The following three major factors impacted the budget requiring this appropriation request : TOM N 1 . A new sludge feed pump station was required in addition to other improvements increasing construction c costs approximately $ 625,000 . It had been anticipated, but not feasible, that the existing sludge pumps N could be used 2 . Completion of the 60% design cost estimate ( class 2 ) revealed an error in the original BFO class 5 estimate vi allowing the original BFO request to be approximately $ 325, 000 under-funded . In the future BFO offer estimates, including backup documentation will be provide to management staff for review = 3 . The retirement of the Utilities' lead programming engineer impacted the ability to self- perform all the process programming, integration, and operator interface requirements of the plants . Additional support from the equipment manufacturers and consulting engineers is required for process programming and E integration costing approximately $ 150, 000 0 (U 0 For the 2019-2020 BFO budget cycle, steps were taken to address the budgeting issues that occurred for this = project . Larger projects will start with a "design only" phase so that better construction estimates can be obtained prior to appropriation . u_ U The current DWRF discharge permit requires the City to be in compliance with nutrient regulations by January 1, c 2021 . The permit' s compliance schedule also indicates the construction must be started by December 31, 2019 . U It is critical to begin construction as soon as possible in 2019 in order to give facility staff adequate time to optimize the system to comply with required nutrient limits by the January 1, 2021 deadline . E U 2 a Packet Pg . 111 10. 3 Fort Collins N N 7 d ENVIRONMENTAL IMPACTS In March 2013, the State of Colorado passed Regulation #85, requiring Publicly Owned Treatment Works ( POTWs ) with greater than 2 million gallons per day capacity to meet more stringent effluent water quality. The Q regulation mandates that existing POTWs limit their effluent discharge on a monthly median value of Total o Phosphorus to 1 . 0 mg/ L and Total Inorganic Nitrogen (TIN ) of 15 mg/L. DWRF currently meets the TIN limit but a the improvements installed with the Side Stream project are necessary to help meet the Total Phosphorus limit . Q _ 0 While phosphorus and nitrogen are building blocks of organic life, high concentrations in lakes, reservoirs and receiving waters can lead to lower dissolved oxygen levels, poison aquatic life, and eutrophication . POTWs are Q only one of three major sources of nutrient contamination of receiving waters ( urban and agricultural non - point source run -off being the other two ) but are the easiest to regulate being a point source contributor. W 0 L a ALTERNATIVE ANALYSIS E As project design evolved and the need for additional funding became apparent, the project team evaluate the L following project alternatives : 1 . Value Engineering — The project team , including City staff, general contractor, and design engineer evaluated construction and design variables that could be eliminated and / or reduced and still deliver an co u_ effective project . While numerous items were removed or revised, this evaluation was not successful in bringing the overall project costs down to within the available budget . p 2 . Not complete the project — This alternative would jeopardize not only immediate regulatory compliance performance but future nutrient compliance issues as well . 3 . Request $ 1 . 1 M as a mid — cycle appropriation request — This alternative would jeopardize the City' s ability to comply with NPDES P Standard Compliance Schedule deadlines . 4 . Request $ 1 . 1 M as an off — cycle appropriation request — This is the preferred and recommended alternative by City Staff. This alternative is also recommended by the City' s Water Board . TOM 0 N CITY FINANCIAL IMPACTS N This O appropriate $ 1, 111,000 of Wastewater Fund Reserves for the DWRF Sidestream Treatment Project . Adequate funds exist in the Wastewater Fund reserves to cover this request for additional appropriations . In the vi latest 10-year Wastewater Capital Improvement Program ( CIP ), $89M of capital improvements were identified a; and this is a relatively small increase . A rate increase beyond what is already planned will not be needed as a c result of this request . a� a� DISCUSSION / NEXT STEPS E Phosphorus Removal c The Water Board voted unanimously to recommend approval of this appropriation at their April 181" 2019 ) meeting. c is _ Ross Cunniff; this looks great — Confirming that this an appropriation out of the Wastewater Fund . LL U Jason Graham ; that is correct c U New part is the reactor - will add — will precipitate out the phosphorus = m >_ U 0 3 Q Packet Pg . 112 10. 3 Fort Collins N N 7 Ross Cunniff; what would we do with it? Would be part of biosolids ? m Jason Graham ; the bio solids will continue to go to Meadow Springs Ranch which we have owned since the mid 0 90' s - 26, 600 acres - (this function used to be done at Prospect and 125 ) a 0 L Jason Graham ; this project does not harvest it as there isn't a market for it currently - but could be a potential Q- a revenue source in the future Q _ Link Mueller; we are designing the system to be able to add on the harvesting aspect easily . Ken Summers; slide 9 states - $80 - 100M of capital work is expected to be needed between 2017 and 2026 in Q addition to the current capital appropriations . What is current ? not current ? - what are some of those projects U 0 L Jason Graham ; we are discussing Regulation 85 . Another regulation ( 31 ) comes in effect as of 2027 which has a the potential to drive down the regulations even more - Associated with that level of compliance — this project does have the potential to offset - we get credit for each year we are compliant / stay below the black line . m City of CO F&II: Collins Um Total Phosphorus Current Performance Anticipated Performance 2.52.0 // v w 1.5 C N O 1.0 N f� D.5 D.0 = A-18 M-18 J-18 1-18 A-18 S-18 0-18 N-18 D-18 J-19 F-19 M-19 J-21 F-21 M-21 A-21 M-21 J-21 J-21 A-21 S-21 0-21 N-21 D-21 'M Projected Effluent TP ( mg/L) Effluent TP (mg/L) — — Future TP Limit ( mg/L) Y —TP Limit as of Jan 2021 ( mg/L) >_ Carol Webb; I believe that the $80- 100M is the fund as a whole - we anticipate that much across the fund over c the next ten years . We already have projects that Council has appropriated funds for . V 4) U Mike Beckstead ; every 2 years we bring the long term capital plans for each of the utilities to Council Finance . We are planning to bring these plans forward in November of this year . We could copy you on the last long term u_ financial plan if you would like . _ 0 Mayor Troxell ; You need the financing now to meet construction start . v _ m Jason Graham ; we are hoping to bring this to Council in June ( schedule permitting) E U 4 a Packet Pg . 113 10. 3 Fort Collins N N 7 d Jason Graham ; O & M will be absorbed by our staff — we have a contract for year 1 to maintain it as we start it up = and get it going O is L Meeting adjourned at 11 : 18 am c L Q CL Q O 00 Q U aD .o a E a� L m �n LL 0 ti ti w �a L r O N O N 2 V1 d 7 C N N O U O v c ca M v c O U m E v 5 Q Packet Pg . 114 ORDINANCE NO . 075 , 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPROPRIATIONS AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE DRAKE WATER RECLAMATION FACILITY SIDESTREAM TREATMENT PROJECT AND RELATED ART IN PUBLIC PLACES WHEREAS, the City is pursuing the Drake Water Reclamation Facility Sidestream Treatment Project ("Project") in order to meet anticipated future water quality standards under regulations promulgated by the Water Quality Control Commission of the Colorado Department of Public Health and Environment; and WHEREAS , a conceptual cost estimate of $4. 3 million for the Project was developed for the 2017-2018 Budgeting for Outcomes cycle based on capacity, modeling, analogous projects, and available sidestream treatment technologies ; and WHEREAS , the total cost for the Project has since increased as design progressed, requiring an additional appropriation in order to complete the Project; and WHEREAS , there are unappropriated prior year reserves in the Wastewater Fund that are available to be appropriated for the Project; and WHEREAS , Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that funds for this appropriation are available and previously unappropriated from the Wastewater Fund and that this appropriation will not cause the total amount appropriated in the Wastewater 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 ; and WHEREAS , this Project involves construction estimated to cost more than $250,000, as such, Section 23 -304 of the City Code requires one percent of these qualified appropriations to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places program; and - 1 - Packet Pg . 115 WHEREAS, in accordance with Article V, Section 10 of the City Charter, the appropriation of reserves for the Project from the Wastewater Fund and the transfer of a portion of those unexpended and unencumbered appropriated funds to the Art in Public Places program established by City Code Section 23 -304(a) will be used for Wastewater purposes and improvements in connection with the Project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2 . That there is hereby appropriated for expenditure from prior year reserves in the Wastewater Fund the sum of ONE MILLION ONE HUNDRED ELEVEN THOUSAND DOLLARS ($ 1 , 111 ,000) for the Drake Water Reclamation Facility Sidestream Treatment Project as follows : Drake Water Reclamation Facility Sidestream Treatment $ 1910000 Proj ect Art in Public Places Project (Artwork) 8 ,580 Art in Public Places Project (transfer to Cultural Services 2,200 Fund for APP Operations) Art in Public Places Project (transfer to Cultural Services 220 Fund for APP Maintenance) TOTAL $ 11111 ,000 Section 3 . That the unexpended appropriated amount of TWO THOUSAND TWO HUNDRED DOLLARS ($2,200) in the Wastewater Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Operations . Section 4 . That the unexpended appropriated amount of TWO HUNDRED TWENTY DOLLARS ($220) in the Wastewater Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance. -2- Packet Pg . 116 Introduced, considered favorably on first reading, and ordered published this 4th day of June, A.D . 2019, and to be presented for final passage on the 2nd day of July, A.D . 2019 , Mayor Pro Tern ATTEST : City Clerk Passed and adopted on final reading on the 2nd day of July, A.D . 2019 , Mayor ATTEST : City Clerk - 3 - Packet Pg . 117 11 Agenda Item 11 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Ken Sampley, Water Systems Engineering Manager Theresa Connor, Water Engineering Field Operations Mrg Shane Boyle , Civil Engineer III Lance Smith , Utilities Strategic Finance Director Judy Schmidt, Legal SUBJECT First Reading of Ordinance No . 076 , 2019 , Approving , Affirming and Ratifying Funding of the Non -City Share of the NECCO Project by Offering to Owners and Developers of Property Within the NECCO Area a Proportionate Buy- In to Connect to the NECCO Project. EXECUTIVE SUMMARY The purpose of this item is to adopt the cost share concept whereby development and redevelopment draining into the Northeast College Corridor Outfall ( NECCO ) stormwater system are required to pay their proportional cost share of the NECCO improvements if they choose to use the NECCO system in lieu of constructing separate stormwater facilities . The NECCO stormwater system (or NECCO Project) was designed to provide an adequate stormwater outfall for the area north of Vine Drive and east of College Avenue in order to alleviate existing drainage problems and to facilitate development and redevelopment in the area . STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading . BACKGROUND / DISCUSSION Project History The Northeast College Corridor Outfall ( NECCO ) Project was initiated in response to large development potential north of Vine Drive and east of College Avenue . At that time , there was no adequate stormwater outfall for this area of the city, which created a significant hinderance to development and redevelopment. There were also drainage problems in this area from existing development, mainly due to a lack of stormwater regulations when this area of the City originally developed . The NECCO area map is Exhibit A to Ordinance No . 076 , 2019 . In response to development interest in the area , design was initiated on a stormwater system that would help mitigate existing drainage issues in the area , as well as provide an adequate stormwater outfall . The NECCO stormwater design was managed by the City's Stormwater Capital Improvement Program group and was completed in 2009 . The NECCO stormwater system schematic is Attachment 1 to this AIS . Construction of the "backbone" storm sewer system occurred in 2016-2017 and the regional pond was constructed in 2018 . Other portions of the NECCO stormwater system have been completed by development, and were funded partially through the Developer Repay program and partially through the NECCO buy- in paid by the development. Another section of the system is under design and will be constructed as part of Planning , Development and Transportation 's Suniga Road capital project. Item # 11 Page 1 Packet Pg . 118 11 Agenda Item 11 Cost Share Concept Entities proposing to develop in this area ( Developers ) can choose to connect into the NECCO stormwater system in order to receive the benefits of the system . Developers that choose to connect pay a proportionate share of the NECCO stormwater system cost as described below. Developers that choose not to connect to the NECCO stormwater system are required to meet typical stormwater requirements without the benefit of NECCO . Since the NECCO proportionate cost for a development only covers its respective share of the NECCO stormwater system , all properties still pay the standard stormwater plant investment fees ( PIFs ) in addition to their respective share of the NECCO stormwater system cost. The NECCO area was originally analyzed to determine which portions of the area are developed and undeveloped . To define proportionate cost shares , the NECCO stormwater system was broken down into individual project components and the cost of each component was divided among the area benefitting from that component (e . g . , only those areas receiving a benefit from the regional pond pay for the regional pond ) . The analyses determined that the City's share of the NECCO Project would be approximately 49% and the appropriate developer share would be approximately 51 % . The NECCO stormwater system cost allocation spreadsheet is Exhibit B to Ordinance No . 076 , 2019 . To date , the City has been constructing improvements and is being repaid for a pro -rata share of costs for the developer share of the Project as development occurs through development and/or repay agreements . It is anticipated the City will stop collecting allocated costs once the appropriate developer shares of NECCO improvements have been received . Current costs are based on a combination of estimated and actual construction costs . The cost estimate will be updated to reflect actual construction costs as improvements are constructed . Although the NECCO Project has a long history and is partially constructed , the purpose of the proposed Ordinance is to formalize the allocation of costs between the City and benefitted development, and the allocation of the developer share of improvement costs among benefitted properties as they develop or redevelop . CITY FINANCIAL IMPACTS The intent of this Ordinance is to establish a cost sharing mechanism that allows the City to recover the portion of costs incurred to date for this project that is associated with new development and anticipated redevelopment. To date the City has recovered $ 1 M of the $6M developer' s share of project cost. While this project is a very cost-effective solution to the required stormwater infrastructure for future development and redevelopment, there is the possibility that future development may choose to build alternative stormwater drainage . Staff considers this risk to be minimal based on the alternatives considered before constructing this project and the participation of development to date . BOARD / COMMISSION RECOMMENDATION At its February 21 , 2019 meeting , the Water Board unanimously recommended that City Council adopt the Ordinance . (Attachment 2 ) At its April 15 , 2019 meeting , the NECCO Stormwater system funding approach was presented to the Council Finance Committee (CFC ) which supported going forward with this topic for Council consideration . (Attachment 3 ) PUBLIC OUTREACH Significant public outreach has been completed over the course of the NECCO planning and various capital projects since inception in 2008 to the present. Outreach has been focused on property owners in the vicinity of the NECCO infrastructure that can be served by the improvements , the North College Citizen 's Advisory Group , and the Urban Renewal Authority. Item # 11 Page 2 Packet Pg . 119 11 Agenda Item 11 ATTACHMENTS 1 . Pipe Schematic ( PDF ) 2 . Water Board minutes , February 21 , 2019 ( PDF ) 3 . Council Finance Committee minutes , April 15 , 2019 ( PDF ) Item # 11 Page 3 Packet Pg . 120 ATTACHMENT 1 11 . 1 w E 7 s C E WILLOX LN OU L4 E NE O T o FOFTTTT "rTA/< 3T U LA K a m w w m SITKAST Q m } Q F w F � C W W z C O F LL HICKORYST m z W d Q �O w O O � U O 111 I EWEED LN W z z z W I LFLOWER LN ~ ? rm m J O� LUPINE D 00 W LWUU F C MOUNTAIN Lj5;w m 61 ,O-_, HEMLOCKST a m O O Om� 0 R O m O e eo E CL oF S N EDECRIS e Op W 0 �O GARITA LN Q �Q y � PINON ST I- E SUNIGA RD Do 0000• O Q d Ioe I 'Q7 K O O OD �Q� U O u �7p I �J O Q LPINE ST ' � Re Qm Q�Q Q m WO � SCA TRUJILLO ST F m z z w z J RI Packet Pg. 121 ATTACHMENT 2 11 .2 MINUTES Fort Collins Boards 8, CITY OF FORT COLLINS • BOARDS AND COMMISSIONS commissions Excerpt from MINUTES - WATER BOARD REGULAR MEETING February 21 , 20191 5 : 30 p . m . 222 Laporte Avenue , Colorado River Community Room • Northeast College Corridor Outfall ( NECCO ) Stormwater Improvements (Attachments available upon request) Presentation Summary : Development Review Engineer Shane Boyle summarized milestones , next steps , and the proposed funding mechanism that um would allow Fort Collins Utilities to recoup $ 6 million of the $ 12 million project costs . Project purpose : provide a stormwater outfall for the area north of Vine a Drive and east of College Avenue to solve flooding problems and allow for o efficient development in the area . w z Cost share is based on proportional costs for areas draining to each section of NECCO system . Development and redevelopment pay proportionate share of 00 v costs when connecting into the system . City will stop allocating costs once development share of system has been collected . This agenda item will go to N Council Finance Committee in March and City Council in May . r N Discussion Summary : Board members commented on and inquired about various related topics including a ditch north of Vine Drive on the system M schematic ; the timing of Old Town North and Aspen development and whether LL they already bought in to the NECCO project ( Mr . Boyle replied yes , those developments paid $ 32 , 000/acre ) ; redevelopment ; the City' s share ; Ms . Connor explained regionalizing stormwater infrastructure ; Mr. Boyle stated the master E plan sizes infrastructure for existing conditions , not full build -out ; the CIO development The Crowne at Old Town North . 0 m L Chairperson Bovee moved that Water Board recommend City Council adopt 3: an ordinance approving , affirming and ratifying the funding of non -city share of the NECCO Project by offering developers of property within the NECCO area the opportunity to pay a proportionate buy- in to connect to the NECCO system in lieu of providing separate stormwater facilities to meet City development standards . Q Board Member Tarry seconded the motion . Vote on the motion : It passed unanimously, 10 -0 . 02 / 21 / 2019 — Excerpt from MINUTES Packet Pg . 122 ATTACP-1 M ce E I�Tdm 3 11 . 3 manmis ra ion City of 215 Mason 2nd Floor or PO Box 580 ■ Fort Collins, CO 80522 F6rt Collins 970.221 .6788 970 .221 .6782 fax fcgov. com Finance Committee Meeting Minutes 04/ 15/ 19 = 10 am - noon CIC Room - City HallLL m Council Attendees : Mayor Wade Troxell, Ross Cunniff, Ken Summers, Gerry Horak a O Staff: Darin Atteberry, Kelly DiMartino, Jeff Mihelich, Mike Beckstead , Kevin Gertig, Lance V Smith, Theresa Connor, Shane Boyle, Wendy Williams, Mike Calhoon , Kurt Friesen , Z Laurie Kadrich, Noelle Currell, Chad Crager, Kyle Lambrecht, Tim Kemp, Dean Klingner, Travis Storin , John Duval, Blaine Dunn , Ginny Sawyer, Tom Leeson, John Voss, Katie c Ricketts, Carolyn Koontz 00 on TM Others : Kevin Jones, Chamber of Commerce N L CL Meeting called to order at 10 : 04 am Q vi m Approval of Minutes from the March 181n, 1019 Council Finance Committee Meeting . Ross Cunniff moved for approval of the minutes . Ken Summers seconded the motion . Minutes were approved unanimously. � E m m A . Stormwater - Northeast College Corridor Outfall Cost Sharing ( NECCO ) Theresa Connor, Deputy Director, Utilities >_ Lance Smith , Utilities FP &A Director c0 m EXECUTIVE SUMMARY The Stormwater Utility proactively constructed an outfall to serve both existing developed and undeveloped ii land near Vine and Lemay . The Northeast College Corridor Outfall ( NECCO ) stormwater system (or NECCO system ) was designed to provide an adequate outfall for the area north of Vine Drive and east of College Avenue c in order to alleviate existing drainage problems and to facilitate development and redevelopment in the area . U The NECCO system is intended to provide a less expensive means of satisfying storm drainage for this area through economies of scale than individual landowners could provide separately. The purpose of this item is for >_ City Council to consider adopting the cost share concept whereby development and redevelopment draining into the NECCO system be allowed to pay their proportional cost share of the NECCO improvements if they Q choose to use the NECCO system in lieu of constructing separate stormwater facilities . GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Is the Council Finance Committee supportive of staff bringing forth an Ordinance formalizing the cost sharing opportunity associated with the NECCO system ? Packet Pg . 123 11 . 3 Fort Collins BACKGROUND/DISCUSSION Project History The Northeast College Corridor Outfall ( NECCO) Project was initiated in response to large development potential north of Vine Drive and east of College Avenue . In 2010 the North College Infrastructure Funding Plan ( Resolution 2010-023 ) was adopted by the City Council . At that time, there was no adequate stormwater outfall for this area of the City, which created a significant hinderance to development and redevelopment . There were also drainage problems in this area from existing development, mainly due to a lack of stormwater regulations when this area of the City originally developed . u_ In response to the development interest in the area, design was initiated on a stormwater system that would help mitigate existing drainage issues in the area , as well as provide an adequate stormwater outfall . The o NECCO design was managed by the City' s Stormwater Engineering group and was completed in 2009 . a Appropriations were made through the 2015 - 16 Budgeting For Outcomes ( BFO ) process and further OU appropriations were made in the 2017-2018 BFO cycle . Construction of the " backbone" storm sewer system w occurred in 2016-2017 and the regional pond was constructed in 2018 . Other portions of the NECCO system z have been completed by development, which were funded partially through the Developer Repay program and co partially through the NECCO buy- in paid by the development . Another section of the system is under design and 00 will be constructed as part of Planning, Development and Transportation ' s Suniga Road capital project . 0 TOM Cost Share Concept N L At the time of development, a Developer can choose whether to tie into the NECCO system in order to receive the benefits of the system . If the Developer chooses to connect to NECCO, they pay a proportionate share of Q the NECCO system cost, as described below. If a Developer chooses not to connect to the NECCO system, then Q they are required to meet typical stormwater requirements without the benefit of NECCO . Since the NECCO proportionate cost for a development only covers their share of the NECCO stormwater system which serves as a gateway to the City' s stormwater infrastructure, all properties still pay the standard Stormwater plant E investment fees ( PIFs ) in addition to their share of the NECCO cost . E In allocating the costs for the NECCO improvements, the impacted area was analyzed to determine which E portion of the area was developed and which portion of the area was undeveloped . To define proportionate �j cost shares, the NECCO system was broken down into individual project components and the cost of each component was divided among the area benefitting from that component ( e .g . only those areas receiving a benefit from the regional pond pay for the regional pond ) . Based on the analyses, it was determined that the ii City' s share of the NECCO system would be approximately 49% and the appropriate developer share of the Project would be approximately 51% . 0 U To date, the City has been constructing improvements and is being re- paid for a pro- rata share of costs for the "developer share" of the Project as development occurs through development and/or repay agreements . The E City will stop collecting allocated costs once development' s appropriate share of NECCO improvements has been satisfied . Current costs are based on a combination of estimated future and actual construction costs . The cost for a developer to buy into the NECCO system will be updated to reflect actual construction costs as Q improvements are constructed . Although the NECCO project has a long history and is partially constructed, the purpose of the proposed ordinance is to formalize the allocation of costs between the City and benefitted development, and the 2 Packet Pg . 124 11 . 3 Fort Collins allocation of the developer share of improvement costs among benefitted properties as they develop or redevelop . Proiect Costs Attachment 1 - NECCO Cost Breakdown Analysis shows the total estimated cost of the NECCO system to be $ 13 . 9M of which development' s share is 51 . 5% or $ 7 . 2M and the City' s share is 48 . 5% or $6 . 8M . To date, $ 7 . 6M of improvements have been completed and $875K has been received by development buying into the NECCO 0 system . As development and redevelopment continues in this area it is expected that the full $7 . 2M of the c developer share of these improvements will be received into the Stormwater Enterprise . LIL Public Outreach 'o Significant public outreach has been completed over the course of the NECCO planning and various capital a projects, beginning in 2008 through February of 2019 . Outreach has been focused on property owners in the 0 vicinity of the NECCO infrastructure that can be served by the improvements, the North College Citizen' s w Advisory Group, and the Urban Renewal Authority . z TMM co DISCUSSION / NEXT STEPS 00 City of N Fort Collins -`� - . . Allocations L L Cost Allocations Q Pipe Network Outfall From r/1 Into Regional Regional Redwood Pond Regional Pond 4; Pond Detention Pond and Outfall to Vine Dr Map Area Cost Cost Cost Cost Developer City Cost Color lncrasi Share Share Share Share Share Share peracre iE PINK GROUP 75. 7 S 1 . 823 . 175 $ 71 . 817 $ S 680 . 620 S 2. 575. 612 $ 34. BLUE GROUP 68 .4 S 1 . 040 ,438 $ 879 .443 $ $ 614. 986 S 2 .534. 867 S 37. +� YELLOW GROUP 228 . 6 $ S $ $ 2 , 055. 346 S 2 .055. 346 S 8. ORANGE GROUP 118 .6 S 2 , 856,387 $ 809 . 791 $ $ 1 , 066. 335 $ 4. 732 . 513 $ 39. E GREEN GROUP 118 .2 $ $ - $ 620 .000 $ 19062. 738 $ 1 , 682.738 S 14. 0 GOLD GROUP 37. 8 $ $ - $ $ 339. 860 $ 339.860 S 8 . U Totals $ 5, 720,000 $ 1 ,761 ,051 $ 620 . 000 $ 5 . 819 . 885 $ 7, 165.825 S 6. 755 . 111 51 . 5010 48 . 5 Note : Developer share based on undeveloped parcels sharing in cost of the stormwater system City share based on existing development where City is contributing to solve existing infrastructure and flooding problems um U • Cost share based on proportional costs for areas draining to each section of NECCO system . 0 • Development / redevelopment pay proportionate share of costs when utilizing the NECCO system . 0on c • City will stop allocating costs once Development Share of system has been collected . E U to Q Mayor Troxell ; Please talk about what you have proposed in the context of URA as there was no mention of URA . 3 Packet Pg . 125 11 . 3 Fort Collins Theresa Connor; this was developed before the URA - they did contribute to some land cost for the pond as part of this project . In context with other projects, this wraps up the cost share portion of NECCO and formalizes with Council approval how we cost share with the private sector . For all of the undeveloped properties - it provides at least a portion of the stormwater system — regional pond will provide detention and water quality treatment . Before NECCO all of the properties had to build their own stormwater outfall systems . c Darin Atteberry; do property owners need to notify us of an opt in now or can they do that at any UM time ? m 0 Theresa Connor; they can do that at any time a O U Darin Atteberry; so, this is just away for us to recapture some of our expense v w Is the opt in price equal to the marginal increase in additional capacity? z m T Lance Smith ; the costs are allocated depending on which portions of the system improvements you are 00 benefitting from and how much of that capacity you are using . 0 LO Darin Atteberry; so, we are building the whole system - regardless of opt in TOM L C. Theresa Connor; if they don 't opt in , they will have to build their own outfall - so it is voluntary but Q would be cost prohibitive -we have worked together collaborative to date - it is an attractive offer and we think they will opt in . c E a� Ken Summers; I am in support but have a few questions . Do we want to give them an option ? Is that really in our best interest ? E Does it even make sense to offer an option ? Based on that, we are looking at a recommendation to 0 codify existing practices . I assume those who have participated feel this is fair, cost effective and adequate . Do we really want parallel systems ? ii Theresa Connor; NECCO System Schematic; the area in red already constructed - blue laterals - thought development agreements - we may work with PDT when they do Vine/ Lemay - this area will develop as developers or other opportunity come to us . v c Darin Atteberry; where does the pond drain out ? E M U M Shane Boyle ; It does drain - off of Redwood - drains due east into Lemay and is pumped into the A4 Q lateral - working to fix the A4 lateral and that is gravity Ross Cunniff; with the cost sharing - the public benefits regardless of benefit to developers to pay less money . Can you go over public benefits ? Darin Atteberry; is the stormwater rate payer paying for the oversizing ? 4 Packet Pg . 126 11 . 3 Fort Collins ACTION ITEM : Theresa Connor; Majority of benefit are to existing owners - 49% and 51 % between existing rate payers and future development Ross Cunniff; add that to the Council presentation - front and center Lance Smith ; we do have some exposure if the development decided to do this themselves, the rate payers would be impacted - to date we have recovered about $ 1M of the $ 7M u` as 0 Theresa Connor; they would have to construct their own outfall — the cost of that directs them a toward NECCO project - for our citizens this is very cost effective per acre . Partnership is good . 0 U U W Mayor Troxell , Ross Cunniff and Ken Summers support going forward with this topic to the full Council . z TMM co B . Vine/ Lemay TCEF Funding 00 Chad Crager, City Engineer TOM 0 N SUBJECT FOR DISCUSSION TOM Financing alternatives for the Lemay Avenue realignment project from Lincoln Avenue to Conifer Street . The Q project also includes a new intersection of Lemay Avenue and Suniga Road, the extension of Buckingham Street, Q and a grade separated crossing of the Burlington Northern Santa Fe ( BNSF ) Railway. vi m EXECUTIVE SUMMARY E The purpose of this item is to present and discuss potential financing alternatives for this high priority transportation capital improvement project . Staff has recently completed the plans for the 50% design, a majority of the right-of-way ( ROW ) acquisitions, and construction of the Phase One roadway embankment in E E collaboration with the Utilities Department . The total current project ( design, right-of-way, and construction ) 0 U cost is estimated at $ 23 . 5M . a) �a Current project funding includes : The Budgeting for Outcomes ( BFO ) process, the City' s Transportation Capital iz Expansion Fee (TCEF ) Reserves, and Developer contributions for Local Street obligations . To date, $ 3 . 7 M has —U been appropriated to Phase One of the project and all funds have been expended . Phase Two would be a $9 . 1 = M appropriation from TCEF reserves . The Phase Three funding needed for the project is $ 10 . 5 M ( in 2019 C U dollars ) . a� GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Staff is seeking direction regarding an appropriation of the TCEF reserves . Completion of Phase II will allow staff to further refine the proposed construction schedule and stay on track for a project opening date in the next Q budget cycle . Questions for the Council Finance Committee : Does the Council Finance Committee support a Summer 2019 appropriation of the TCEF reserves in the amount of $9 . 1M for Phase Two funding? 5 Packet Pg . 127 ORDINANCE NO . 076, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING, AFFIRMING AND RATIFYING FUNDING OF THE NON-CITY SHARE OF THE NECCO PROJECT BY OFFERING TO OWNERS AND DEVELOPERS OF PROPERTY WITHIN THE NECCO AREA A PROPORTIONATE BUY-IN TO CONNECT TO THE NECCO PROJECT WHEREAS , on June 1 , 2004, City Council adopted Ordinance No . 057, 2004, adopting updated Master Drainage Plans for the City, including the Dry Creek Master Plan, December 2002 , which identified stormwater drainage improvement projects within the basin; and WHEREAS , on December 21 , 2004, City Council adopted Resolution 2004 - 151 finding the area in and around North College Avenue described therein (the "North College Area") to be blighted and Resolution 2004- 152 approving the North College Avenue Urban Renewal Plan to facilitate elimination and prevention of such blight and promote the redevelopment, conservation, and rehabilitation of the North College Area under the governance of the Urban Renewal Authority ("URA"), all in accordance with the Colorado Urban Renewal Law (CRS Section 31 -25 - 1010, et seq. ) ; and WHEREAS , the City designed and constructed the Dry Creek Drainage Improvements (consisting of the Douglas Dam fuseplug, Flood Control Basins I and 2, improvements to the Larimer and Weld Canal, a SCADA system at the Larimer and Weld Canal headgate motors , and the East Vine Diversion channel) to reduce and mitigate flooding risks in the drainage basin; and WHEREAS, on June 17 , 2008 , the Federal Emergency Management Agency (FEMA) adopted a new, reduced 100-year Dry Creek floodplain in conjunction with a Physical Map Revision that identified reduction of flooding risk because of the Dry Creek Drainage Improvements ; and WHEREAS , the Dry Creek Master Plan, December 2002 did not identify stormwater improvements for the North College Area, a portion of which came to be referred to as the Northeast College Corridor Outfall ("NECCO") project; and WHEREAS , the North College Drainage Improvement Design Report, February 2006 (Ayres Associates), identified master planned regional stormwater improvements serving the North College Area and the NECCO area; and WHEREAS , on March 20, 20071 City Council adopted Resolution 2007 -032 adopting the updated North College Corridor Plan as an element of the City' s Comprehensive Plan, recognizing resolution of Dry Creek flooding issues in the North College Area by completion of a system of upstream facilities over multiple years, citing lack of adequate drainage as the primary obstacle to creation of the desired street patterns and development within the Area and including regional detention ponds to eliminate the need for on-site detention in individual (re)development projects and provide a simple and efficient stormwater solution; and - 1 - Packet Pg . 128 WHEREAS , in response to a proposed development in 2009 , which was not subsequently completed, Stormwater Utility staff completed engineering plans for construction of the NECCO project as a unified regional stormwater system for an area east of College Avenue to Lemay Avenue and South of Willox Avenue to East Vine Drive, including a regional detention pond west of Redwood Drive, (the "NECCO Area") generally depicted on attached Exhibit "A," which is incorporated by this reference, and an outfall pipe connecting the pond to the East Vine Drive Diversion channel east of Lemay Avenue (collectively, the "NECCO Project") and WHEREAS , on May 4, 2010, City Council adopted Resolution 2010 -023 approving the North College Infrastructure Funding Plan as a framework for coordinating work efforts and decision-making related to a prioritized list of infrastructure projects needed in the North College Area, including the NECCO Project; and WHEREAS , the City Stormwater Utility purchased the real property for the NECCO regional pond in June 2010 ; and WHEREAS , City Council subsequently approved a loan in the amount of $326,472 from the Stormwater Utility to the URA (Resolution 2011 -032) and appropriated the funds for that loan (Ordinance No . 061 , 2011 ) for the URA ' s contribution to the cost of acquiring the NECCO pond site to facilitate regionalized stormwater control in the NECCO Area, facilitate redevelopment and improve watershed health impacted by uncontrolled runoff from the Area; and WHEREAS, based on an analysis of the existing drainage issues and regional stormwater needs, the existing state of development within the area (developed v. undeveloped), the future development/redevelopment stormwater needs in the NECCO Area and an analysis of the benefit to the properties available for development/redevelopment, Utility Stormwater staff developed a system of allocating the estimated costs of the NECCO Project to be borne by the City (49% of the total estimated cost, referred to as the "City Share") and by the properties available for new development (and redevelopment) within the NECCO Area (51 % of the total estimated costs, referred to as the "Non-City Share") ; and WHEREAS , the cost of each individual component of the NECCO Project included in the Non-City Share was further allocated among the areas benefitting from that component (for example, the Non-City Share of the cost of the regional pond is allocated among property within the NECCO Area based on the benefit received from the regional pond) , as shown on the map of the NECCO Area attached as Exhibit "A," to calculate the "Development Proportionate Buy-In" ; and WHEREAS , the methodology for calculating the Development Proportionate Buy-In for benefitted properties is generally illustrated on Exhibit "B" attached hereto (although dollars shown are estimates in some cases and are not intended to be fixed) ; and WHEREAS , in the 2013 -2014 budget cycle, Council ' s approved budget included funding of $ 1 . 1M for the NECCO Regional Pond (BFO Offer 202 .2 NECCO); and -2- Packet Pg . 129 WHEREAS , on November 21 , 2013 , the City entered into a Development Agreement with Breckenridge Group Fort Collins Colorado, LLC for the Aspen Heights project pursuant to which the Developer constructed certain off-site stormwater improvements that are part of the NECCO Project at a total cost $ 1 ,021 ,030 and the City agreed to repay the developer for that portion of the regional improvements in excess of the development ' s agreed upon portion of costs ($372, 569), up to a maximum repayment of $648 ,461 ; and WHEREAS, in the 2015 -2016 budget cycle, Council ' s approved budget included funding of $ . 5M - $2 . 5M in 2015 and $2 . 5M in 2016 for the NECCO Project (2015 -2016 BFO — Offer 71 . 2 Utilities Capital Project: Stormwater NECCO Improvements (phase 2)) ; and WHEREAS, in the 2017-2018 budget cycle, Council ' s approved budget included funding of $3 . 3M - $ 1 . 6M in 2017 and $ 1 . 7M in 2018 for the NECCO Project (2017 -2018 BFO Offer 8 .21 Capital Project — Utilities : Stormwater Phase 3 ) ; and WHEREAS, it is anticipated the remainder of the NECCO Improvements will be funded by a combination of City Capital Improvement Projects and Development Proportionate Buy-In; and WHEREAS, the City and Sasick Properties (doing business as Raw Urth) entered into a Development Agreement dated March 24, 2016, pursuant to which the developer agreed to pay a Development Proportional Buy-In of $26,047 for development of its property within the NECCO Area; and WHEREAS , the City and Crowne at Old Towne North entered into a Development Agreement dated April 4, 2018 , pursuant to which the developer constructed a portion of the NECCO Improvements and the City agreed to reimburse the developer in an amount not to exceed $298,339 for the City' s Share of such Improvements, with the unreimbursed cost being the agreed upon Development Proportional Buy-In in exchange for its right to connect its property to the NECCO Project; and WHEREAS , the City and OTN FC, LLC (Old Town North Third) entered into a Development Agreement dated April 11 , 2018 , pursuant to which the developer agreed to pay its applicable Development Proportionate Buy-In, to be allocated to and paid with building permit fees for each lot in the development in exchange for its right to connect its property to the NECCO Project; and WHEREAS, City stormwater utility staff continues to offer (re)developments of property in the NECCO Area the opportunity to pay its Development Proportionate Buy-In in order to connect to the NECCO Project in lieu of providing separate stormwater facilities to meet City development standards ; and WHEREAS, the City Stormwater Utility desires to formalize the arrangement to offer (re)development in the NECCO Area Development Proportionate Buy-In moving forward and recommends that Council formally approve, affirm and ratify this approach to funding the Non- City Share of the NECCO Project estimated costs of 51 % ($6 ,445 , 155 ) , which portion is -3 - Packet Pg . 130 available to serve the stormwater needs of private development/redevelopment within the NECCO Area that may otherwise be required to provide private stormwater facilities on site to meet City development standards . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2 . That the City Council hereby approves, affirms and ratifies funding the Non-City Share of the NECCO Project by offering to owners and developers of property within the NECCO Area the opportunity to pay its Development Proportionate Buy-In in order to connect to the NECCO Project in lieu of providing separate stormwater facilities to meet City development standards; and Section 3 . That the City Council hereby authorizes the City Manager or his designee to enter into development agreements with and as requested by developers and owners of property within the NECCO Area that include payment of a Development Proportionate Buy-In calculated in accordance with the methodology generally illustrated on Exhibit `B" attached hereto as a condition to connecting to and utilizing the NECCO PROJECT to serve such property, in lieu of providing private stormwater facilities to meet City development standards . Introduced, considered favorably on first reading, and ordered published this 4th day of June, A.D . 2019, and to be presented for final passage on the 2nd day of July, A.D . 2019 . Mayor Pro Tem ATTEST : City Clerk Passed and adopted on final reading on the 2nd day of July, A.D . 2019 . Mayor ATTEST : City Clerk -4- Packet Pg . 131 WE Vw d IF `iL� 41UJIIVA&4 W. i 'P4 '!EI1 r' ® Larimer Weld Canal o, O , Hickory n ® ® ® kL CY re Lu ® 1 V 4 Conifer F: .• ` Conifer ® e { { ® � x FUTURE DETENTION AND WATER QUALI W :QUIREMENT, G' LEGEND © V e LIRMMOE YC911 NE 51 W MIOYM�➢ e . . - InE MFEI➢lgI ' /j ❑1S) ylgry MYlfR e[ U E VNILVOMIIY ➢ . ,�. r\ , - ' S u n i g a ® 4YW 11NS.I,IUIF31 MIA ^ DIEOLO I\M REWI[ FU\lNE SM (N 41E Pt III NV IE OMYIE I - m1EMI {'/N ,y IkP IN11 �.i0 - . • • E 1°•h°• pIMEII• MIEAfERE\E VMII }L rm a • ••h.. oO A.wv. WNI �I M s /J MIATICI YIgN11 q MMY1 11111 7/ryN1I /1 -, l • ® f ® ® ® 1f1 L1I,11NfE %V%It" ➢ ■ IN1V IIWIIY tKH1pPED \W ICP pIMUIY 1'Ntn xw IIV • � PMtN11EUIM 114(1W MMt • , _ . ' - .. • ® IMHJWGE IMO M - t MITI MMEI - �i ® Pl filOMll`(rfIWL01\ IOI MLMMV IV\INEMIIM/W[YI M4 IIIIINI' M1111M � ® ® YMIkY UWIIE plNy Ykll Y t 1 r� Vine Drive " " °' W""' "'"'N VMIEP UW IIY 1LLQNCDII MEC1W CNM NtD .-. t f �. , � I ■ LRPfAI[N V461 N10 IpA"OCIATE6 EXHIBIT B NECCO Cost Breakdown Analysis By: sB Date : 1/23/2011 (Updated 5-17-2018 to reflect actual costs for backbone and regional pond) Contributing Total Area Contributing Areas NECCOImprovement Cost acres) (map color Pipe Network Into Regional Pond $5,721 ,600 237.5 Pink, Orange, Red, Blue (Except Basins 126, 127, 526) Includes all areas that are conveyed to the regional pond via the proposed pipe network. Regional Detention Pond $1 ,310,000 187.0 Includes all areas that are served by the regional pond, including water quality capture volume (See subsets below for pond volume). WQ Volume (acre-ft) 10.44 Pink (Except Basin 102), Orange, Red, Blue Water quality volume subset. Detention Volume (acre-ft) 30.02 Orange, Blue Detention volume subset. Redwood Pond and Outfall $621 ,450 118.2 Green Includes all areas served by the Redwood detention pond and associated outfall. Outfall From Regional Pond to Vine Drive $4,990,000 647.3 All Includes all basins tributary to the project. Total Project Cost = $12,643,050 Pipe Network Into Regional Pond Regional Detention Pond Redwood Pond and Outfall Outfall From Regional Pond to Vine Dr Map Area Basin Allocated Basin WQ+Det WQ+Det Detention Allocated Basin Allocated Basin Allocated Total Cost Color Basin (acres) Contribution? Areal % Cost Contribution? Vol (ac-ft) Vol % Areal % Cost Contribution? Areal % Cost Contribution? Areal % Cost Cost per acre G PINK GROUP SUMMARY 75.7 Yes 31 .87% $198239685 Yes 1 .65 4.08% 0.00% $53,423 No 0.00% $0 Yes 11 .69% $583,567 $294609675 $32506 W ORANGE GROUP SUMMARY 118.6 Yes 49.94% $2,8579186 Yes 18.60 45.98% 63.42% $602,383 No 0.00% $0 Yes 18.32% $914,281 $4,3739850 $36:879 0 BLUE GROUP SUMMARY 68.4 Yes 18.19% $1 ,0409729 Yes 20.21 49.94% 36.58% $654,194 No 0.00% $0 Yes 10.57% $527,292 $2,2229215 $32,489 c GREEN GROUP SUMMARY 118.2 No 0.00% $0 No 0 0.00% 0.00% $0 Yes 100.00% $621 ,450 Yes 18.26% $911 ,197 $1 ,5321647 $12,967 c YELLOW GROUP SUMMARY 228.6 No 0.00% $0 No 0 0.00% 0.00% $0 No 0.00% $0 Yes 35.32% $1 ,762,265 $1 ,7621265 $7,709 GOLD GROUP SUMMARY 37.8 No 0.00% $0 1 No 0.00% 0.00% $0 1 No 0.00% $0 1 Yes 5.84% $291 ,398 1 $291 ,398 $75709 LL Totals 100.00% $53721 ,600 100.00% 100.00% $19310,000 100.00% $621 ,450 100.00% $47990,000 $121643,050 y 'o IL O U U w z NOTE: dollars may be estimates for improvements not completed at any point in time and are subject to adjustment. rn o 0 0] 'n L x w ;.o e a E r u R Q Packet Pg. 133 Agenda Item 12 AGENDA ITEM SUMMARY June 4 , 2019 City Council WITHDRAWN FROM CONSIDERATION STAFF Noah Beals , Senior City Planner/Zoning Brad Yatabe , Legal SUBJECT Items Relating to Various Amendments to the City of Fort Collins Land Use Code . EXECUTIVE SUMMARY A. First Reading of Ordinance No . 077 , 2019 , Making Various Amendments to the City of Fort Collins Land Use Code . B . First Reading of Ordinance No . 078 , 2019 , Amending the City of Fort Collins Land Use Code Regarding Community Development and Neighborhood Services Director Variances to Certain Land Use Code Standards The purpose of this item is to adopt a variety of revisions , clarifications and additions to the Land Use Code that are generally routine in nature that have been identified since the last update in February 2019 . The proposed change to allow the Community Development and Neighborhood Services Director to process certain variances is presented as a separate ordinance because the change is not necessarily routine in nature and would allow the Director to process certain variances currently reviewed by the Zoning Board of Appeals . STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading . BACKGROUND / DISCUSSION The Land Use Code was first adopted in March 1997 . Subsequent revisions have been recommended on a regular basis to make changes , additions , deletions and clarifications . While most revisions are bundled and adopted on an annual basis , other changes may occur as needed so the Land Use Code retains maximum effectiveness . The proposed changes are offered to resolve implementation issues and to continuously improve both the overall quality and user friendliness of the Code . Additional details regarding the changes are contained in the attachments to this Agenda Item Summary. The proposed change to allow the Community Development and Neighborhood Services Director to process certain variances is presented as a separate ordinance because the change is not necessarily routine in nature and would allow the Director to process certain variances currently reviewed by the Zoning Board of Appeals . The variances the Director would review would be limited to the following : ( 1 ) Setback encroachment of up to ten ( 10) percent . (2 ) Fence height increase of up to one ( 1 ) foot. (3 ) In the N -C-L , N -C-M , and N -C-B zone districts , the allowable floor area in the rear half of the lot increase of up to ten ( 10 ) percent, provided the increase does not exceed the allowable floor area for the entire lot. Item # 12 Page 1 Agenda Item 12 (4 ) Building height increase of up to one ( 1 ) foot. BOARD / COMMISSION RECOMMENDATION At its May 16 , 2019 , regular hearing , the Planning and Zoning Board unanimously adopted staff recommendation that City Council approve the revisions . Additionally, at its May 9 , 2019 , regular meeting , the Zoning Board of Appeals unanimously recommended to City Council approval of the revision to allow the Community Development and Neighborhood Services Director to process certain variances . PUBLIC OUTREACH The proposed changes were listed on "This Week in Development Review, " a weekly online notice that is posted on the Planning Department's website and sent to approximately 435 subscribers . ATTACHMENTS 1 . List of Issues ( PDF) 2 . Description of Issues ( PDF) 3 . Ordinance Index of Issues ( PDF ) 4 . Planning and Zoning Board minutes , May 16 , 2019 (draft) ( PDF) 5 . Zoning Board of Appeals minutes , May 9 , 2019 (draft) ( PDF) Item # 12 Page 2 ATTACHMENT 1 12 . 1 Land Use Code Issues Thursday, May 09, 2019 Page 1 of 2 Issue ID# Issue Name 1046 Placeholder for Reports and Ordinance formatting. 1093 Amend 3 .2 . 1 (A - N) - Tree Protection and Replacement - to update, revise and add new provisions for a variety of aspects related to Landscape Plans with the primary focus on trees. 1094 Amend 3 .3 .2(E)( 1 )(e) — Required Improvements Prior to Issuance of Certificate of Occupancy — to delete a list of specific stormwater implementation techniques and replace with a reference to the Development Review Checklist. 1095 Amend 3 .3 . 5 — Engineering Design Standards — to add Broadband / Fiber Optic to the list of utilities and services for which compliance with requirements and specifications must be achieved. O 1096 Amend 3 .5 .2(D) to establish 150 feet as the maximum distance between the staging area for emergency responders and access into individual single family attached dwelling units y 1098 Amend 3 . 8 . 17(A)(2)(b) - Building Height - Measuring Building Height - to correct a discrepancy and delete the 0 U ability of a residential structure to use the 25 -feet from floor-to-floor allowance y 1099 Amend 4 .4(B)(3)(d) - R-L Permitted Use List - to add Wireless Telecommunications Facility as a Type Two accessory use but restricted to non-residential properties such as Places of Worship or Assembly, and only if stealth. J 00 1100 Amend 4.22(B)(2)(c) 28 . — C-S, Service Commercial zone district — Type One Permitted Use List — to delete c Enclosed Mini-Storage Facilities if located at least 200 feet from N. College Avenue portion of the C-S zone. 00 ., N 1101 Amend 3 . 1 . 1 Article Three - General Provisions - Applicability - to clarify applicability to single family on platted lots. y 1102 Amend 5 . 1 .2 - Definition of a Neighborhood Center - to match the description of a Neighborhood Center as O stated in the LMN development standards - 4. 5 (D)(3 ) - for consistency. J 1103 Amend 2. 1 .2(C) - Overview of Development Review Procedures - to add references to Basic Development Review and make other minor edits. m E 1106 Amend 3 .2 . 1 (K)(2) - Utilities and Traffic - to increase the distance between street trees and traffic control signs U from 20 to 50 feet. Q 1107 Amend 2 . 18 .3(G) - Step 7(D) - Basic Development Review - Decision and Findings - to provide written notice, including appeal information, to abutting property owners regarding a BDR decision. 1109 Amend 3 .2 .4 - Lighting - to add that light fixtures must not exceed correlated color temperature of 3 ,000 degrees Kelvin and make minor edits based on new lighting technology. 1110 Amend 3 .4 . 1 (E)( 1 ) - Natural Habitats and Features - 3 .4 . 1 (E)( 1 )(c) - Buffer Zone Performance Standards - to clarify the scope of the buffer zone and emphasize that non-native trees & vegetation must be evaluated in the ECS for potential ecological value. 1111 Amend 3 .4 . 1 (D)(1 )(e) - Ecological Characterization Study - to clarify that non-native trees & vegetation be evaluated for potential habitat value even though certain species would not meet the mitigation criteria under Tree Protection in 3 .2. 1 . 1113 Amend 4 .7(D)(E)(F) - N-C-L Land Use Standards, Dimensional Standards and Development Standards - to revise floor area metrics, clarify the height of carriage houses, add dormer standards and clarify eave height. Packet Pg . 136 12 . 1 Thursday, May 09, 2019 Page 2 of 2 Issue ID# Issue Name 1115 Amend 4 . 8(D)(E)(F) - N-C-M Land Use Standards, Dimensional Standards and Development Standards - to revise floor area metrics, clarify height of carriage houses, add dormer standards and clarify eave height. 1116 Amend 4 .9(D)(E) - N-C-B Land Use Standards and Dimensional Standards to revise floor area metrics, clarify height of carriage houses, add dormer standards, and clarify eave height. 1117 Amend 2 .2 . 12 - Common Development Review Procedures - Step 12 : Appeals / Alternate - to add a new reference to Section 2 . 18 - Basic Development Review since the BDR process has become more formalized. O m m O U a> N D fQ J O O W N N 7 N N O N J C N E L v f4 r Q Packet Pg . 137 ATTACHMENT 2 12 '2 Land Use Code Maintenance Process Annotated Issue List 1046 Placeholder for Formatting Reports and Ordinance Problem Statement N.A. Proposed Solution Overview N.A. -- Related Code Revisions p Ord. Section Code Cite Revision Effect N d 1 N .A . N .A. N O tU 1093 d Amend 3.2. 1 (A - N) - Tree Protection and Replacement - to update, revise and add new provisions for a variety of aspects related to Landscape Plans with the primary focus on trees. �a J Problem Statement 00 This section covers all aspects of landscaping and has not been updated since initial c adoption. There have been many changes over the years to best practices for landscaping 00 design, installation, and mitigation. Issues related to mitigation for the Emerald Ash Borer, payment in lieu, tree cut-outs, tree protection and critical root zone are now 3 addressed. vi Proposed Solution Overview O The propose solution is a comprehensive update of the Landscaping section. o Related Code Revisions Q- .` Ord. Section Code Cite Revision Effect N d 6 3.2 . 1 Comprehensive update of the Landscaping section of the Code. C d E 1094 Amend 3.3.2(E)(1)(e) — Required Improvements Prior to Issuance of Certificate of Occupancy U — to delete a list of specific stormwater implementation techniques and replace with a Q reference to the Development Review Checklist. Problem Statement The problem is that the current Code explicitly details all the Stormwater features to be inspected with their inspections being at the point of installation. Adding new features, or points of inspection, would require a Code change. Instead, the proposed language will simply require inspections of specific private improvements and features at certain points of installation as called out in the Development Certification Checklist required to be submitted to Water Utilities Engineering. Any changes could then efficiently be made on the Development Certification Checklist as they arise. Packet Pg . 338 Proposed Solution Overview The proposed solution is to delete the specific references to porous pavers, bioretention cells, rain gardens, sand filters, extended detention basins and underground treatment and replace with a broad reference to the Development Certification Checklist. Related Code Revisions Ord. Section Code Cite Revision EfLect 9 3.3.2(E)(1 )(e) Replaces detailed list of improvements with a checklist. 1095 Amend 3.3.5 — Engineering Design Standards — to add Broadband / Fiber Optic to the list of utilities and services for which compliance with requirements and specifications must be achieved. Problem Statement The list of utilities and services for which compliance must be achieved does not include City' s newest utility - Broadband / Fiber Optic . 4 Proposed Solution Overview d Add Broadband / d Fiber Optic to the list. O U Related Code Revisions Ord. Section Code Cite Revision Effect M Mo C 10 3.3.5 Adds Broadband and Fiber Optic to J the list. 00 r O O N d 3 O N w O C O r� Q .` U N d C r-� C d E M U Q Packet Pg . 339 12.2 1096 Amend 3.5.2(D) to establish 150 feet as the maximum distance between the staging area for emergency responders and access into individual single family attached dwelling units Problem Statement A relatively recent development trend is to orient single family attached dwellings such that they do not front on public streets, private streets, or street-like private drives. Instead, these dwellings front on connecting walkways or major walkway spines and face common area open space often referred to as greenbelts, or greenways, or green courts. This results in the back of units facing a private alley and consisting only of the garage with no direct doors into the individual unit. Consequently, emergency responders and their equipment can only gain access to these dwellings and stage their equipment from these private alleys at the rear of the units. But in order to get into the unit, emergency c responders must go around three sides of the building to the N front. Such arrangements also require alleys to be named and that addresses be posted in the back. d The standard requirement for building perimeter access for 0 fire fighting in the Fire Code for the Poudre Fire Authority is 150 feet as measured from the designated fire lane around the building. While this standard is adequate for addressing the physical building perimeter, and may be slightly increased if M there is an automatic fire sprinkler systems, it is silent with J regard to doors that provide access into individual units for 00 medical emergencies. 0 Proposed Solution Overview 0 The proposed solution is to add a requirement that at least 3 one door provide direct access for emergency responders into an y individual single family attached unit and not be greater than 150 0 feet from where emergency responders and their equipment can rm 0 stage and this access cannot be through the garage. Related Code a Revisions 'c U Ord. Section Code Cite Revision Effect y C 13 3.5.2(D)(3) Requires at least one door into d single family attached dwellings be E within 150 feet of emergency access U staging area. 1098 Amend 3.8.17(A)(2)(b) - Building Height - Measuring Building Height - to correct a Q discrepancy and delete the ability of a residential structure to use the 25-feet from floor-to floor allowance Problem Statement This section allows the height of a residential structure to measured as a maximum of 25 feet from floor-to-floor. This standard contains two references : commercial and residential. The reference to residential was inadvertently not deleted at the time a newer standard was adopted which calls for the maximum vertical height of 12 feet, eight inches, for each residential story, which is now the prevailing standard. The two standards are in conflict. Also, at this time, adding a reference to industrial would provide further Packet Pg . 440 12.2 explanation as industrial buildings are more likely to rely on greater distances between floors than commercial buildings such as offices, hotels, retail stores and the like. Proposed Solution Overview The proposed solution is to delete the reference to residential in the standard that allows commercial buildings to have a maximum height of 25 feet from floor-to-floor and add a reference to industrial buildings. Related Code Revisions Ord. Section Code Cite Revision Effect 14 3.8. 17(A)(2)(b) Deletes the reference to residential , adds industrial to measuring maximum building height. 1099 Amend 4.4(13)(3)(d) - R-L Permitted Use List - to add Wireless Telecommunications Facility as a Type Two accessory use but restricted to non-residential properties such as Places of Worship or Assembly, and only if stealth. Problem Statement o_ The creation of private sector wireless communication networks has evolved since the N adoption of the federal Wireless Telecommunication Act of 1996 . As originally implemented, monopoles, ranging in height from 40 to 100 feet, were deemed adequate to d provide coverage over a specified geographic area. Now, with new technologies, and a c higher concentration of users in urban areas, providers are building networks that use a V combination of facilities (pole-mounted antennas) and equipment (building-mounted antennas) that are at lower heights but more frequently dispersed. M c �a Recently staff has processed two Requests for Additions of Permitted Use to allow Wireless Telecommunications Facilities in the R-L zone. Both were located on 00 nonresidential properties, mitigated by stealth installation and both were approved. With 0 large areas of the City zoned R-L, and with the demand by consumers for coverage and market response to provide coverage, allowing Facilities in the R-L would be appropriate but restricted to non-residential properties. As mitigation, installations using stealth techniques, such as church steeples, bell towers or silos would be required. y q p q Proposed Solution Overview = The proposed solution is to add Wireless Telecommunications Facilities as a Type Two a permitted accessory use in the R-L zone with standards restricting installations to •c nonresidential properties and using stealth technology as visual mitigation. Related Code Revisions Ord. Section Code Cite Revision Effect C d 15 4.4(B)(3) Adds Wireless Telecommunications Facilities as a Type 2 E Accessory Use in R-L. U 16 4.4(D )(4) Adds standards for W.T. F. in R-L. Q 1100 Amend 4.22(B)(2)(c) 28. — C-S, Service Commercial zone district — Type One Permitted Use List — to delete Enclosed Mini-Storage Facilities if located at least 200 feet from N. College Avenue portion of the C-S zone. Problem Statement Storage units are a land use that is contrary to the vision for urban evolution of synergistic uses in the C-S-zoned portions of the North College Avenue corridor. The vision is explained in the adopted North College Corridor Plan. An Urban Renewal Plan, Market Analysis, and an Infrastructure Funding Plan are also in place to help implement the vision. Packet Pg . 441 12.2 The City and its Urban Renewal Authority (URA) Citizen Advisory Group (CAG) continually seek solutions to remedy problems of past ad hoc subdivision of land when the area was the outskirts of town along US Highway 287 . Examples of such problems are defective and inadequate street layout and faulty lot layout in relation to accessibility, utility infrastructure, drainage, flooding, and overall functionality as part of the city. Retrofitting needed infrastructure and improving functionality generally depend upon cooperation and participation across various existing land parcels. Assembly of land or land pooling by owners of multiple parcels is needed in some cases to form more cohesive development. These issues are described in plan documents . The risk of a new storage unit development project creating a potentially new obstacle to achieving the vision and goals has been recognized by staff and the URA CAG for some time. There have been inquiries by owners where this would be the case. In discussions with staff, inquiries have so far not become actual development proposals. Enclosed Mini-Storage Facilities are a relatively expedient use with minimal need for 0 connectivity or public infrastructure, creating spots of low activity with no synergy with 4 surrounding parcels. Storage uses exist and are appropriate in an Industrial zone portion of the area on the east side of North College Avenue. d ma 0 A significant amount of public investment has been expended in the corridor to implement U the vision and remedy problems. Local, State and Federal funds have been used to 0 construct major public improvements from Jefferson Street to State Highway 1 including street, railroad, drainage, and other utility infrastructure with associated beautification and pedestrian improvements. Staff s latest estimate of public investment since adoption of J the North College Corridor Plan in 1995 is in the range of $50-60 million. This 00 investment has resulted in economic activity and real estate development projects such as 00 the North College Marketplace, Lyric Cinema, Crowne Apartments at Old Town North, and Jax Expansion among others. d 3 Since the original 1995 North College Corridor Plan and its associated zoning, conditions y w have changed to the point where there is positive economic momentum resulting in urban 0 rm evolution, but crucial improvements are still needed in key portions of the area where a 0 storage unit development would be incompatible. Q. .` Proposed Solution Overview v N Delete Enclosed Mini-Storage Facilities from the North College Avenue corridor area in p C-S, Service Commercial zone district. Related Code Revisions c Ord. Section Code Cite Revision Effect E 20 4.22(B)(2)(c)28 Deletes Enclosed Mini-Storage from U N . College in C-S zone. Q 1101 Amend 3. 1 .1 Article Three - General Provisions - Applicability - to clarify applicability to single family on platted lots. Problem Statement The Applicability Section at the beginning of Article 3 contains terminology and language that confuses applicability to single family houses. Proposed Solution Overview The proposed solution is to amend the language to add clarity with regard to single family detached dwellings. Related Code Revisions Packet Pg . 442 12.2 Ord. Section Code Cite Revision Effect 5 3. 1 . 1 Clarifies the applicability of Article 3 to single family detached dwellings. 1102 Amend 5. 1 .2 - Definition of a Neighborhood Center - to match the description of a Neighborhood Center as stated in the LMN development standards - 4.5(D)(3) - for consistency. Problem Statement The definition of `Neighborhood Center' in the LMN zone does not match the standards for the LMN zoning district in Article 4. The difference : the LMN zone district includes mixed-use dwelling units as an option for one of two uses that must be combined in order to qualify a development as a Neighborhood Center; while the definition in Article 5 mentions "a combination of at least two (2) nonresidential uses . . . ". Thus the question is whether or not the inclusion of a dwelling unit above a nonresidential use qualifies a development as a Neighborhood Center. The LMN zone district list of o Permitted Uses includes the following (note that mixed-use dwelling units are included) : N "Neighborhood centers consisting of at least two (2) of the following uses: mixed-use dwelling units; retail stores; convenience retail stores; personal and business service shops; small animal veterinary facilities; offices, financial services and clinics; community o facilities; neighborhood support/ recreation facilities; schools; child care centers; limited V m indoor recreation establishments; open-air farmers markets; and places of worship or y assembly." Likewise a Land Use Standard in the LMN zone district states: c �a 4 . 5 (D)(3)(c) "Land Use Requirements. A neighborhood center shall include two (2) or more of the 00 following uses : mixed-use dwelling units; community facilities; neighborhood 00 support/recreation facilities; schools; child care centers; places of worship or assembly; convenience retail stores; retail stores; offices, financial services and clinics . . . " N Contrary to those LMN standards, the definition of Neighborhood Center mentions two nonresidential uses : C c "Neighborhood center shall mean a combination of at least two (2) nonresidential uses and C an outdoor space, which together provide a focal point and a year-round meeting place for Q- a Low Density Mixed-Use Neighborhood." U Proposed Solution Overview p Amend 5 . 1 .2, the definition of Neighborhood Center, to match the description in LMN zone district per 4.5(D)(3). Related Code Revisions E Ord. Section Code Cite Revision Effect U 21 5. 1 .2 Amends the definition of Neighborhood Center for Q consistency with LMN permitted use. 1103 Amend 2.1 .2(C) - Overview of Development Review Procedures - to add references to Basic Development Review and make other minor edits. Problem Statement Since the adoption of the Code, projects that are not required to be subject to a public hearing, either Type One or Two, were referred to as Building Permit Review and then later renamed to Basic Development Review (BDR). Such projects include uses that are fundamentally considered compatible with the underlying zone district and are generally not complex. All relevant standards are applied to these projects. The original Code section that describes the overview of the development review procedures made no mention of this review Packet Pg . 443 12.2 process because there was, at that time, no formal routing, commenting, project tracking and no requirement for a public hearing. Over time, however, BDR' s have become more formalized. Consequently, the Code would be more current and user-friendly if BDR' s were described in the overview. Proposed Solution Overview The solution is to add references to BDR' s in the overview section and make minor edits for clarity. Related Code Revisions Ord. Section Code Cite Revision Ef ect 2 2. 1 .2(C) Adds a specific reference to Basic Development Review. 1106 Amend 3.2. 1 (K)(2) - Utilities and Traffic - to increase the distance between street trees and traffic control signs from 20 to 50 feet. Problem Statement This provision of code presently requires a 20-foot separation from shade and/or 0 ornamental trees to traffic control sign and devises. Twenty feet of separation from a tree N to a stop (or yield sign), as well as 20 feet of separation from a tree to a traffic signal has presented challenges in maintaining adequate sight distance to the traffic signage and signals. A greater separation of 50 feet would help ensure that line of sight to the traffic ma 0 control device is adequately maintained throughout the maturity of the tree. U m Proposed Solution Overview y The proposed solution is to amend the standard from 20 feet to 50 feet. _ Related Code Revisions J Ord. Section Code Cite Revision Effect 00 7 3.2. 1 (K)(2) Increases the distance between trees and traffic control c signs. 00 N d 3 1107 Amend 2.18.3(G) - Step 7(D) - Basic Development Review - Decision and Findings - to provide y w written notice, including appeal information, to abutting property owners regarding a BDR C decision. _ 0 Problem Statement Q- .` We recently adopted a Code revision that removes the obligation to provide notice (sign posting, newspaper published notice and written letter to A.P .O. 's) for all B .D.R. 's that p are not Minor Subdivisions that create new lots. Since all B .D.R. ' s are appealable, there remains a burden to let the public know that a decision has been made. With the new m revision, we have moved from providing an abundance of notice to providing a dearth of notice. If a B .D.R. decision is appealable, but there is no practical manner for an abutting property owner to become informed of such decision, then the appeal process lacks Q transparency. Proposed Solution Overview The proposed solution is to provide post-decision notice to abutting property owners. (Again, for Minor Subdivisions that yield a new lot, full notification is already required.) This notice would also include appeal information. Related Code Revisions Ord. Section Code Cite Revision E ect 4 2 . 18 . 3(G) Requires notice of BDR decision to abutters . Packet Pg . 444 1109 Amend 3.2.4 - Lighting - to add that light fixtures must not exceed correlated color temperature of 3,000 degrees Kelvin and make minor edits based on new lighting technology. Problem Statement City Council adopted Resolution 2016-074 expressing Council's intent and General Policy Considerations Regarding Night Sky Objectives (September 20, 2016). The Resolution states that, "the City will incorporate dark sky policies and standards into Building Codes, Land Use Codes, and Streetscape standards when applicable and appropriate." An interdisciplinary staff team continues to work with a consultant to comprehensively address lighting issues and promote dark sky policies both on a citywide basis, and out of the city in the case of natural areas. In the short term, however, staff has identified two quick fixes to acknowledge the advent of LED (light emitting diodes) technology and to implement a maximum correlated color temperature (CCT) to reduce glare. These two revisions have been identified as y noncontroversial and are being practiced now but on a recommendation basis only. c Codifying at this time allows for the implementation of dark sky policies in a timely 17 manner. > d Proposed Solution Overview d The proposed solution is to adopt the revisions identified by staff working on the dark sky o policies. V m Related Code Revisions rn Ord. Section Code Cite Revision Effect •a C 8 3.2.4(D )( 11 ) Maximum correlated color temperature 3000 degrees J Kelvin . 00 8 3.2.4(D )(5) Deletes obsolete references . c 00 N d 1110 Amend 3.4. 1 (E)(1) - Natural Habitats and Features - 3.4. 1 (E)(1)(c) - Buffer Zone y Performance Standards - to clarify the scope of the buffer zone and emphasize that non- native trees & vegetation must be evaluated in the ECS for potential ecological value. C c Problem Statement a Under (E)( 1 ), the sentence that allows stated buffer zone dimensions to be adjusted based 'c on performance standards is currently worded in a way that confuses the concept. General buffer zone dimensions are stated in a table, but those dimensions are accompanied by a proviso that the decision maker may reduce a dimension if listed performance standards are achieved. Current wording, however, suggests that the decision maker must reduce a E stated dimension if necessary to achieve the listed performance standards. It would never be necessary to reduce a dimension to achieve the performance standards, that is simply incorrect wording. Q Rather, the performance standards are to allow a dimension to be reduced if the performance standards are met. This wording has caused awkward and confusing discussion in at least two development projects where a dimension was reduced based on achieving the performance standards, but it was not necessary to do so. Under (E)( 1 )(c), the current language states that only existing trees and vegetation that are deemed significant per 3 .2 . 1 - Tree Protection Standards for Landscape Plans - are to be preserved. Staff has found, however, that existing non-significant trees and vegetation have habitat value and must be considered for preservation and accounted for in any evaluation by an Ecological Characterization Study. Packet Pg . 44 ] 12.2 Proposed Solution Overview The proposed solution to (E)( 1 ) is to reword the language for clarity. The proposed solution to (E)(1 )(c) is to revise and add language that states all non-native trees and vegetation must be considered for preservation even though some species may not be considered significant under the Tree Protection standards for Landscape Plans in 3 .2 . 1 (F). This would allow clusters of non-native species such as Siberian Elms and Russian Olive to be considered for habitat and ecological values. Related Code Revisions Ord. Section Code Cite Revision Effect 12 3.4. 1 (E)(1 )(c) Clarifies that all non-native trees and vegetation that are not significant to be evaluated for ecological value. 12 3.4. 1 (E)(1 ) Corrects the standard as originally intended . 1111 Amend 3.4. 1 (D)(1)(e) - Ecological Characterization Study - to clarify that non-native trees & y vegetation be evaluated for potential habitat value even though certain species would not p meet the mitigation criteria under Tree Protection in 3.2.1 . N Problem Statement The current Code section is in need of updating and enhanced specificity. City Environmental Planning staff have encountered numerous development projects where V trees proposed for removal do not meet tree mitigation criteria in 3 .2 . 1 under Landscaping y yet provide habitat value, as determined by Environmental staff during site visits and/or biologists in ecological characterization studies. While tree mitigation in 3 .2. 1 accounts = for lost ecological and environmental value, habitat value is secondary to tree condition, J caliper and species, thereby disqualifying trees with habitat value from mitigation. There 00 is a need to allow environmental planners to mitigate for lost habitat value to better reflect c the intent of section 3 .4. 1 of the Code, which strives to protect natural habitats and O0 features on the site and in the vicinity of the site during development. Proposed Solution Overview y N The proposed Code revision allows mitigation for trees not covered under Section 3 .2. 1 of the Code on properties containing a habitat buffer zone. Mitigation plantings will occur C c within the natural habitat buffer zone to maintain the site ' s habitat and ecological function. C CL Related Code Revisions IC Ord. Section Code Cite Revision Effect C C 11 3 .4 . 1 (D)(1 )(e) Clarifies that the ECS describe the habitat value of nonnative trees and vegetation . E U Q 1113 Amend 4.7(D)(E)(F) - N-C-L Land Use Standards, Dimensional Standards and Development Standards - to revise floor area metrics, clarify the height of carriage houses, add dormer standards and clarify eave height. Problem Statement As design standards for accessory building/carriage houses have evolved, repetitive standards have been created in the Land Use Code. The repetitive standards have not always been consistent and have led to confusion. Clarification is needed for the standards that address maximum allowable floor area, maximum allowable height and maximum eave height. Additionally, accessory buildings/carriages houses do not currently limit the size of a dormer and how that that may increase wall and eave heights. Packet Pg . 44 ] 12 .2 It is unclear at what size are dormers an acceptable deviation to eaves and wall height limitations. Proposed Solution Overview The proposed solution is to amend the standards that are repetitive and provide clear direction on design standards of accessory buildings/carriage houses. Related Code Revisions Ord. Section Code Cite Revision Effect 17 4.7(D)(E)(F) Clarifies standards related to allowable floor area, height, dormers and eaves of accessory buildings and carriage houses. 1115 Amend 4.8(D)(E)(F) - N-C-M Land Use Standards, Dimensional Standards and Development Standards - to revise floor area metrics, clarify height of carriage houses, add dormer standards and clarify eave height. y c Problem Statement O .N As design standards for accessory building/carriage houses have evolved, repetitive standards have been created in the Land Use Code. The repetitive standards have not always been consistent and have led to confusion. Clarification is needed for the standards that address maximum allowable floor area, maximum allowable height and O U maximum eave height. Additionally, accessory buildings/carriages houses do not currently limit the size of a dormer and how that that may increase wall and eave heights. j It is unclear at what size are dormers an acceptable deviation to eaves and wall height c limitations. J Proposed Solution Overview 00 The proposed solution is to amend the standards that are repetitive and provide clear 0 direction on design standards of accessory buildings/carriage houses. Related Code Revisions y d Ord. Section Code Cite Revision Effect 3 O N 18 4.8(D)(E)(F) Clarifies standards related to allowable floor area, height, dormers and eaves of accessory buildings and carriage O houses. _ O r� Q .` U N 1116 Amend 4.9(D)(E) - N-C-B Land Use Standards and Dimensional Standards to revise floor area C metrics, clarify height of carriage houses, add dormer standards, and clarify eave height. }; c Problem Statement E As design standards for accessory building/carriage houses have evolved, repetitive M standards have been created in the Land Use Code. The repetitive standards have not always been consistent and have led to confusion. Clarification is needed for the Q standards that address maximum allowable floor area, maximum allowable height and maximum eave height. Additionally, accessory buildings/carriages houses do not currently limit the size of a dormer and how that that may increase wall and eave heights. It is unclear at what size are dormers an acceptable deviation to eaves and wall height limitations. Proposed Solution Overview The proposed solution is to amend the standards that are repetitive and provide clear direction on design standards of accessory buildings/carriage houses. Related Code Revisions Ord. Section Code Cite Revision Effect Packet Pg . 447 12.2 19 4.9(D)(E) Clarifies standards related to allowable floor area, height, dormers and eaves of accessory buildings and carriage houses. 1117 Amend 2.2. 12 - Common Development Review Procedures - Step 120 Appeals / Alternate - to add a new reference to Section 2. 18 - Basic Development Review since the BDR process has become more formalized. Problem Statement When the LUC was established, there was no formalized Basic Development Review procedure. These projects were considered minor in scope and permitted subject to simply applying for a building permit and the review process was informally managed by the zoning administrator as a building permit review. As time went on, however, these projects became more complex requiring a review process more comparable to a P .D.P. versus a building permit. The term Basic Development Review was initiated along with a y more formal review process, which now includes an appeal procedure and contained C within a relatively new section 2 . 18 . Currently, under the Common Development Review N Procedures — Step 12 : Appeals, there is no reference to Basic Development Review. > d Proposed Solution Overview d Add a reference to Basic Development Review under the common development review p procedures. U m Related Code Revisions y Ord. Section Code Cite Revision Effect 'a C 3 2.2. 12 Adds a reference to BDR. J O r O O N d 3 O N w O C O r� Q .` U N d C r-� C d E M U Q Packet Pg . 448 ATTACHMENT 3 12 . 3 Land Use Code Revisions Annotated Ordinance Index Ord. Section # Code Cite Revision Effect Issue W C O .y d lY d O U a� N N.A. 1046 Placeholder for Reports and Ordinance formatting. 1 N.A. C J 2 2. 1 .2(C) Adds a specific reference to Basic Development Review. 1103 Amend 2. 1 .2(C) - Overview of Development Review Procedures - to add references to Basic Development O T Review and make other minor edits. O O 3 2.2. 12 Adds a reference to BDR. 1117 Amend 2.2. 12 - Common Development Review 3 Procedures - Step 12: Appeals / Alternate - to add a N N new reference to Section 2. 18 - Basic Development — Review since the BDR process has become more O formalized. X d 4 2. 18.3(G) Requires notice of BDR decision to abutters. 1107 Amend 2. 18.3(G) - Step 7(D) - Basic Development O U Review - Decision and Findings - to provide written notice, including appeal information, to abutting property owners regarding a BDR decision. i O 5 3. 1 . 1 Clarifies the applicability of Article 3 to single family detached 1101 Amend 3. 1 . 1 Article Three - General Provisions - dwellings. Applicability - to clarify applicability to single family on platted lots. t v to 6 3.2. 1 Comprehensive update of the Landscaping section of the Code. 1093 Amend 3 .2. 1 (A - N) - Tree Protection and Q Replacement - to update, revise and add new provisions for a variety of aspects related to Landscape Plans with the primary focus on trees. Packet Pg . 149 12 . 3 7 3.2. 1 (K)(2) Increases the distance between trees and traffic control signs. 1106 Amend 3 .2. 1 (K)(2) - Utilities and Traffic - to increase the distance between street trees and traffic control signs from 20 to 50 feet. Ord. Section # Code Cite Revision Effect Issue 8 3.2.4(D)(11) Maximum correlated color temperature 3000 degrees 1109 Amend 3 .2.4 - Lighting - to add that light fixtures must Kelvin. not exceed correlated color temperature of 3,000 t^ degrees Kelvin and make minor edits based on new O lighting technology. y 8 3.2.4(D)(5) Deletes obsolete references. 1109 Amend 3 .2.4 - Lighting - to add that light fixtures must not exceed correlated color temperature of 3,000 degrees Kelvin and make minor edits based on new lighting technology. O U a� N 9 3.3.2(E)(1)(e) Replaces detailed list of improvements with a checklist. 1094 Amend 3 .3 .2(E)(1 )(e) — Required Improvements Prior C to Issuance of Certificate of Occupancy — to delete a J list of specific stormwater implementation techniques and replace with a reference to the Development ap Review Checklist. r O 10 3.3 .5 Adds Broadband and Fiber Optic to the list. 1095 O .0 Amend 3 .3 .5 — Engineering Design Standards — to add d Broadband / Fiber Optic to the list of utilities and services 3 for which compliance with requirements and N specifications must be achieved. O 11 3.4.1(D)(1)(e) Clarifies that the ECS describe the habitat value of nonnative lilt Amend 3 .4. 1 (D)( 1)(e) - Ecological Characterization K trees and vegetation. Study - to clarify that non-native trees & vegetation be evaluated for potential habitat value even though certain species would not meet the mitigation criteria under Tree Protection in 3 .2. 1 . V cC C 12 3.4. 1 (E)(1) Corrects the standard as originally intended. 1110 Amend 3 .4. 1 (E)(1 ) - Natural Habitats and Features - 3 .4. 1 (E)(1)(c) - Buffer Zone Performance Standards - O to clarify the scope of the buffer zone and emphasize } that non-native trees & vegetation must be evaluated in the ECS for potential ecological value. 0) CU 12 3.4. 1 (E)(1)(c) Clarifies that all non-native trees and vegetation that are 1110 Amend 3 .4.1 (E)(1) - Natural Habitats and Features - CU not significant to be evaluated for ecological value. 3 .4. 1 (E)( 1 )(c) - Buffer Zone Performance Standards - Q to clarify the scope of the buffer zone and emphasize that non-native trees & vegetation must be evaluated in the ECS for potential ecological value. Packet Pg . 150 12 . 3 13 3.5.2(D)(3) Requires at least one door into single family attached 1096 Amend 3 .5 .2(D) to establish 150 feet as the maximum dwellings be within 150 feet of emergency access staging distance between the staging area for emergency area. responders and access into individual single family attached dwelling units 14 3.8. 17(A)(2)(b) Deletes the reference to residential, adds industrial to 1098 Amend 3 .8. 17(A)(2)(b) - Building Height - Measuring measuring maximum building height. Building Height - to correct a discrepancy and delete the ability of a residential structure to use the 25-feet y from floor-to-floor allowance = O .y Ord. Section # Code Cite Revision Effect Issue tr 15 4.4(B)(3) Adds Wireless Telecommunications Facilities as a Type 2 1099 Amend 4.4(B)(3)(d) - R-L Permitted Use List - to add y Accessory Use in R-L. Wireless Telecommunications Facility as a Type Two accessory use but restricted to non-residential V properties such as Places of Worship or Assembly, and y only if stealth. N 16 4.4(D)(4) Adds standards for W.T.F. in R-L. 1099 Amend 4.4(B)(3)(d) - R-L Permitted Use List - to add C Wireless Telecommunications Facility as a Type Two J accessory use but restricted to non-residential properties such as Places of Worship or Assembly, and O T only if stealth. O O 17 4.7(D)(E)(F) Clarifies standards related to allowable floor area, height, 1113 Amend 4.7(D)(E)(F) - N-C-L Land Use Standards, d dormers and eaves of accessory buildings and carriage Dimensional Standards and Development Standards - to u houses. revise floor area metrics, clarify the height of carriage N houses, add dormer standards and clarify eave height. `~ O X d 18 4.8(D)(E)(F) Clarifies standards related to allowable floor area, height, 1115 Amend 4.8(D)(E)(F) - N-C-M Land Use Standards, dormers and eaves of accessory buildings and carriage Dimensional Standards and Development Standards - to c) houses. revise floor area metrics, clarify height of carriage houses, add dormer standards and clarify eave height. i O 19 4.9(D)(E) Clarifies standards related to allowable floor area, height, 1116 Amend 4.9(D)(E) - N-C-B Land Use Standards and ; dormers and eaves of accessory buildings and carriage Dimensional Standards to revise floor area metrics, houses. clarify height of carriage houses, add dormer N standards, and clarify eave height. U to 20 4.22(B)(2)(c)28 Deletes Enclosed Mini-Storage from N. College in C-S 1100 Q zone. Amend 4.22(B)(2)(c) 28. — C-S, Service Commercial zone district — Type One Permitted Use List — to delete Enclosed Mini-Storage Facilities if located at least 200 feet from N. College Avenue portion of the C-S zone. Packet Pg . 151 12 . 3 21 5. 1 .2 Amends the definition of Neighborhood Center for 1102 Amend 5 . 1 .2 - Definition of a Neighborhood Center - consistency with LMN permitted use. to match the description of a Neighborhood Center as stated in the LMN development standards - 4.5(D)(3) - for consistency. y C O .y d lY d O U a� N c <a J 00 T Q 00 O K U C i 0 O L V cC a Packet Pg . 152 ATTACHMENT 4 12 .4 Planning & Zoning Board May 16 , 2019 Page 2 of 2 None reported Staff Response None reported Board Questions / Deliberation = 0 .y None reported Member Schneider made a motion that the Fort Collins Planning and Zoning Board make the recommendation to City Council to update the annual land use code amendments as presented at this 0 hearing . This is based on the agenda materials , information in the packets , information that was presented during the work session , this hearing tonight and the Board discussion on this item . This information , D analysis , findings of fact and conclusion contained in the staff report included in the agenda materials for c this hearing are to be adopted by this Board . Member Rollins seconded . Vote : 6 : 0 . J 6-B , Land Use Code Revisions 00 TM Go Project Description : This is a request for a Recommendation to City Council regarding revision to the Land Use Code . This revision would allow minor variances that are considered routine to be authorized by the Director. This ca revision is accompanied by the annual Spring package of revisions to the Land Use Code but is a separateLM Ordinance due to the new authorization . a, T Recommendation : Approval `4 co T Secretary Gerber reported that no citizen emails or letters had been received . M Staff and Applicant Presentations _ Completed in 6-A E ma Public Input (3 minutes per person ) �a 0 None noted _ Staff Response o N None noted = ca Board Questions / Deliberation None noted f° a Member Schneider made a motion that the Fort Collins Planning and Zoning Board make the recommendation to City Council land use code revisions to law variances by the Director. This is based on E the agenda materials and information in the packets , information that was presented during the work U session , this hearing tonight and the Board discussion on this item . This information , analysis , findings of Q fact and conclusion contained in the staff report included in the agenda materials for this hearing are to be adopted by this Board . Member Hobbs seconded . Vote : 6 : 0 . *** END EXCERPT HERE*** Packet Pg . 153 ATTAC,W I�IT 5 12. 5 Zoning Board of Appeals Page 5 , ' 201 J The actual property line was a surprise to the owner, as they built the house and have lived there for 20 years . The owner and all the neighbors considered the back fence to be the property line . The sunroom will be visually appealing and will not block anyone's view. Audience Participation : ( None) Board Discussion : Boardmember LaMastra requested the measurements from the fence to the edge of the sunroom . Beals confirmed that is 15 feet . LaMastra stated this sounds nominal and inconsequential . The HOA N will not make everyone redo the fence . The perception is that this meets code . This was an error c made in the past, no fault of the owner. N Boardmember Stockover pointed out there is a large retention pond behind this property that will never be built upon . a� Boardmember LaMastra made a motion , seconded by Long , to approve ZBA190017 for the c following reasons : the variance request is not detrimental to the public good , the additional v HOA owned detention pond immediately behind the property provides enough separation to y meet a rear-yard 15 ' setback making this nominal and inconsequential . Therefore, the variance M request will not diverge from the standard but in a nominal , inconsequential way, when considered in the context of the neighborhood , and will continue to advance the purpose of the Land Use Code as contained in Section 1 .2 .2 . 00 Vote : o 00 Yeas : Stockover, Long , Meyer, Shields , McCoy, LaMastra 4 Nays : None , The Motion was carried . v Q� r • OTHER BUSINESS N Amendment to Land Use Code Variance Requests ai Beals presented the LUC changes to the board . This would allow staff level decisions to be made prior to coming before this board . Beals presented the circumstances and thresholds of these changes , including setback encroachments , a fence height increase , allowable floor area in the rear half of the lot, and building height increases all within specific parameters . Also , once a variance is approved , there is an expiration date to receive that building permit . Currently, an extension requires = them to come before the board again . Part of these changes are to allow the Director to approve this E one-time extension . If the applicant takes longer than that, they will need to come before this board again with that request. a This item is before the board to seek a recommendation on the code changes . Q Boardmember Lamastra asked if there are still notifications sent out to the surrounding property o owners , even if staff are approving these decisions . Beals confirmed there will be public notice , this was brought up by a community member as well . Public notice will still be required 14 days prior to 0 the director's decision . m Chair Shields agreed with what is addressed in these changes . c Boardmember Stockover made a motion , seconded by Long , to approve the draft ordinance to = 0 City Council as it pertains to variances that come before this board and variances that can be N processed by the Director. Vote : E Yeas : Stockover, Long , Meyer, Shields , McCoy, LaMastra U Nays : None , Q The Motion was carried . • ADJOURNMENT Packet Pg . 154 ORDINANCE NO . 077, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE WHEREAS, on December 2 , 1997, by its adoption of Ordinance No . 190, 1997, the City Council enacted the Fort Collins Land Use Code (the "Land Use Code") ; and WHEREAS , at the time of the adoption of the Land Use Code, it was the understanding of staff and the City Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS , since its adoption, City staff and the Planning and Zoning Board have continued to review the Land Use Code and identify and explore various issues related to the Land Use Code and have now made new recommendations to the Council regarding certain issues that are ripe for updating and improvement; and WHEREAS, on May 16, 2019, the Planning and Zoning Board unanimously recommended that City Council adopt the Land Use Code changes set forth herein; and WHEREAS , the City Council has determined that the recommended Land Use Code amendments are in the best interests of the City and its citizens . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2 . That Section 2 . L2(C) of the Land Use Code is hereby amended to read as follows : 2 . 1 .2 Overview of Development Review Procedures (C) Which type of development application should be submitted? To proceed with a development proposal for permitted uses, the applicant must determine what type of development application should be selected and submitted. All development proposals which include only permitted uses must be processed and approved through the following development applications : first through a project development plan (Division 2 .4), and then through a final plan (Division 2 . 5) . If the applicant desires to develop in two (2) or more separate project development plan submittals, an overall development plan (Division 2 . 3 ) will also be required - 1 - Packet Pg . 155 prior to or concurrently with the project development plan. Overall development plans, PUD Overlays, basic development reviews , project development plans and final plans are the four (4) five (5) types of development applications for permitted uses . Each successive development application for a development proposal must build upon the previously approved development application, as needed, by providing additional details (through the development application submittal requirements) and by meeting additional restrictions and standards (contained in the General Development Standards of Article 3 and the District Standards of Article 4) . Overall development plans, basic development reviews and project development plans may be consolidated into one ( 1 ) application for concurrent processing and review when appropriate under the provisions of Section 2 . 2 . 3 . The purpose, applicability and interrelationship of these types of development applications are discussed further in Section 2 . 1 . 3 . Section 3 . That Section 2 .2 . 12 of the Land Use Code is hereby amended to read as follows : (A) Appeals. Appeals of any final decision of a decision maker under this Code shall be only in accordance with Chapter 2 , Article II, Division 3 of the City Code, unless otherwise provided in Divisions 2 . 3 through 2 . 11 and 2 . 16 , 2 . 18 , and 2 . 19 of this Code. Section 4 . That Section 2 . 18 . 3 (G) of the Land Use Code is hereby amended to read as follows : 2.18.3 Basic Development Review and Minor Subdivision Review Procedures Step 7(D) (I and 2) : (Decision and Findings) : Not applicable and in substitution thereof, after consideration of the development application, the Director shall issue a written decision to approve, approve with conditions, or deny the development application based on compliance with the standards referenced in Step 8 of the Common Development Review Procedures (Section 2 .2 . 8). The written decision shall be mailed to the applicant, to any person who provided comments during the comment period and to the abutting property owners, and shall also be posted on the City's website at www. fcgov. com. Section 5 . That Section 3 . 1 . 1 of the Land Use Code is hereby amended to read as follows : 3. 1 . 1 - Applicability -2- Packet Pg . 156 All development applications and building permit applications shall comply with the applicable standards contained in divisions 3 . 1 through 3s1 3 . 11 , except tha with the following exceptions : (A) sSingle-family detached dwellings and extra occupancy rental houses on platted lots that are subject only to building permit ^ , s well-as-may (B) aAccessory buildings, structures and accessory uses associated with the s single-family dwellings and extra occupancy rental houses listed in (A) above;. Applications for the development noted in exceptions (A) and (B) above must need to comply only with (a) the sta4fld.ffird.gs c�n ^a c�e��tl3ez^�t�dic* in hie '� use s are located; (b) the standards contained in division 3 . 8 ; and (e) with respect to extra occupancy rental houses, the additional standards contained in sSection 3 .2 .2(k)( 1 )O) • Existing Development. In addition to the foregoing, this Land Use Code shall continue to apply to ongoing use of land in a--completed developments to the extent that the provisions of this 1Land uUse eCode can be reasonably and logically interpreted as having such ongoing application. Section 6 . That Section 3 .2 . 1 (A) through (1) of the Land Use Code is hereby amended to read as follows : 3 .2 . 1 - Landscaping and Tree Protection (A) Applicability. This Section shall apply to all development (except for development on existing lots for single-family detached dwellings) within the designated "limits of development" ("LOD ") and natural habitatar€-a buffer zones established according to Section 3 .4. 1 (Natural Habitats and Features) . (B) Purpose. The intent of this Section is to require preparation of landscape and tree protection plans that ensure significant canopy cover is created, diversified and maintained shag so that all associated social and environmental benefits are maximized to the extent reasonably feasible. These benefits include reduced erosion and stormwater runoff, improved water conservation, air pollution mitigation, to reduced glare and heat build-up, contribute to visual quality increased aesthetics, and improved continuity within and between developments . Trees planted in appropriate spaces also; provide screening and may mitigateiou of potential conflicts between activity areas and other site elements while; enhancingo outdoor spaces , all of which add to a more resilient urban forest.; reduee efosion and 3tor zater- fumozff-, eneourage w teEo section a YN1 �1 lYfl�n /11Y pollution . -3 - Packet Pg . 157 (D) Tree Planting Standards . All developments shall establish groves and belts of trees along all city streets, in and around parking lots, and in all landscape areas that are located within fifty (50) feet of any building or structure in order to establish at least a partial urban tree canopy. The groves and belts may also be combined or interspersed with other landscape areas in remaining portions of the development to accommodate views and functions such as active recreation and storm drainage. ( 1 ) Minimum Plantings/Description. These tree standards require at least a minimum tree canopy but are not intended to limit additional tree plantings in any remaining portions of the development. Groves and belts of trees shall be required as follows : (c) "full tree stocking" shall be required in all landscape areas within fifty (50) feet of any building or structure as further described below. Landscape areas shall be provided in adequate numbers, locations and dimensions to allow full tree stocking to occur along all high use or high visibility sides of any building or structure. Such landscape areas shall extend at least seven (7) feet from any building or structure wall and contain at least fifty-five (55) square feet of nonpaved ground area, except that any planting cutouts in walkways shall contain at least sixtee thirty- two (4b32) square feet. A minimum planting cutout of four (4) feet wide shall be provided and the recommended lengths are as follows : eight (8) feet, ten ( 10) feet or twelve ( 12) feet. Applicants are encouraged to investigate and implement, subject to City approval, alternative methods or subsurface technologies to promote tree root growth. Planting cutouts, planters or other landscape areas for tree planting shall be provided within any walkway that is twelve ( 12) feet or greater in width adjoining a vehicle use area that is not covered with an overhead fixture or canopy that would prevent growth and maturity. (2) Street Trees. Planting of street trees shall occur in the adjoining street right-of- way, except as described in subparagraph (b) below, in connection with the development by one ( 1 ) or more of the methods described in subparagraphs (a) through (se) below: (b) Wherever the sidewalk is attached to the street in a manner that fails to comply with the Larimer County Urban Area Street Standards, canopy shade trees shall be established in an area ranging from three four (34) to seven (7) feet behind the sidewalk at the spacing intervals as required in subsection (a) above . Planting shall occur on public right-of-way if it is -4- Packet Pg . 158 wide enough, otherwise trees shall be planted on adjoining private property to comply with this subsection. (c) Wherever the sidewalk is attached to the street and is ten ( 10) feet or more in width, or extends from the curb to the property line, canopy shade trees shall be established in planting cutout areas of at least sill} thirty-two (4-632) square feet at thirty-foot to forty-foot spacing. (d) Ornamental trees shall be planted in substitution for the canopy shade trees required in subsection (D)(2)(a) and (b) above where overhead lines and fixtures prevent normal growth and maturity. Ornamental trees shall be placed at least fifteen ( 15) feet away from any streetlight. (e) Wherever existing ash trees (Fraxinus species) are in the adjoining street right-of-way, the applicant shall coordinate and obtain an onsite analysis with the City Forester to determine replacement canopy shade trees either through shadow planting or other emerald ash borer mitigation methods . (3 ) Minimum Species Diversity. To prevent uniform insect or disease susceptibility and eventual uniform senescence on a development site or in the adjacent area or the district, species diversity is required, and extensive monocultures are prohibited. The following minimum requirements shall apply to any development plan. Number of trees Maximum percentage of on site any one species 1019 50% 2039 33 % 4059 25 % 60 or more 15 % (4) Tree Species and Minimum Sizes. The r,: ,�o City Forester shall provide a recommended list of trees which shall be acceptable to satisfy the requirements for landscape plans, including approved canopy shade trees that may be used as street trees . The following minimum sizes shall be required (except as provided in subparagraph (5) below) : Type Minimum Size Canopy Shade Tree 2 . 0" caliper balled and burlapped or equivalent Evergreen Tree 6 . 0' height balled and burlapped or equivalent -5 - Packet Pg . 159 Ornamental Tree 1 . 5 " caliper balled and burlapped or equivalent 5 gallon or adequate size consistent with design intent or 1 Shrubs gallon may be permitted if planting within the Critical Root Zone of existing trees Car .,, Shade T-Fee as a street tree an ' . 25if e=;4 11 r3eF eoat-aine-F or Re�ent�a�bec-al PlYlll StFeet Only Any tree plantings that are in addition to those that are made as part of the approved landscape plan are exempt from the foregoing size requirements . (F) Tree Dr^ Preservation and Mitigation n,.plae,.m ent Existing significant trees (six (6) inches and greater in diameter) within the LOD and within natural habitat area buffer zones shall be preserved to the extent reasonably feasible and may help satisfy the landscaping requirements of this Section as set forth above. Such trees shall be considered "protected" trees within the meaning of this Section, subject to the exceptions contained in subsection (2) below. Streets, buildings and lot layouts shall be designed to minimize the disturbance to significant existing trees . All required landscape plans shall accurately identify the locations, species, size and condition of all significant trees, each labeled showing the applicant's intent to either remove, transplant or protect. Where it is not feasible to protect and retain significant existing tree(s) or to transplant them to another on-site location, the applicant shall replace such tree(s) according to the following schedule and requirements and shall . Replaeement trees shall be used to satisfy the tree planting standards of this Section. To the extent reasonably feasible, Rreplacement trees shall be planted either the development site or, if not reasonably feasible, in the closest available and suitable planting site on public or private property. The closest available and suitable planting site shall be selected within one-half ('/2) mile (2,640 feet) of the development site, subject to the following exceptions . If suitable planting sites for all of the replacementmitigatien trees are not available within one-half (1/2) mile (2 , 640 feet) of the development, then the plaRting site sIi^ " he.-. on ( 1 ) mile (5 ,280 feet) of the development site. if suitable planting sites are n available for- all of the mitigation tfees wiabin one ( 1 ) mile (5 ,280 feet) of the development t site, then the City Forester shall determine the most suitable planting location within the City' s boundaries as close to the development site as feasible. If locations for planting replacement trees cannot be located within one-half ( %2) mile of the development site, the applicant may, instead of planting such replacement trees, submit a payment in lieu to the City of Fort Collins Forestry Division to be used to plant replacement trees to plant replacement trees as close to the development site as possible . -6- Packet Pg . 160 The payment in lieu mitigation fee per tree is determined by the City Forester and may be adjusted annually based on market rates . Payment must be submitted prior to the Development Construction Permit issuance or other required permits . ( 1 ) A significant tree that is removed shall be replaced with not less than one ( 1 ) or more than six (6) replacement trees sufficient to mitigate the loss of contribution and value of the removed significant tree(s) . Notwithstanding the orege fo" rte contain ecologic�ue, as provid�-agraph 3 n 7�'?(D)( 1 ) of this(` nl,L72l be mitigat , v. nG�NTd amfle 2t1. .�Zg � (- )(2)(b)of this. Code. The applicant shall coordinate with the City Forester er a qualified landseape—appFaise.F to determine such loss based upon an onsite tree assessment mil, including, but not limited to, shade, canopy, condition, size, aesthetic, environmental and ecological value of the tree (s) to be removed using the species and location criteria in the most Fecent published appraisal guide. by the Gelffine31 ofir ^ " '' T ^fldseape Appraisers . Replacement trees shall meet the following minimum size requirements unless otherwise determined by the City Forester: (a) Canopy Shade Trees : -32 . 00" caliper balled and burlap or equivalent. (b) Ornamental Trees : 2 .50 " caliper balled and burlap or equivalent. (c) Evergreen Trees : 8' height balled and burlap or equivalent. (2) Trees that meet one ( 1 ) or more of the following removal criteria shall be exempt from the requirements of this subsection unless they meet mitigation requirements provided in paragraph 3 .4 . 1 (E)( 1 ) of this Code : (c) Siberian elm less than eleven ( 11 ) inches DBH and Russian-olive or ash (Fraxinus species) less than eight (8) inches DBH ; (d) Russian-olive, and Siberian elm, and ash (all Fraxinus species) of wild or volunteer origin, such as those that have sprouted from seed along fence lines, near structures or in other unsuitable locations ; ( Russian-olive, and Siberian elm determined by the C t- J teF to be ]gy p^,. ^ ^ �.aa flditi (G) Tree Protection Specifications. The following tree protection specifications shalleffm be followed to the maximum extent feasible for all projects with protected existing trees . -7- Packet Pg . 161 Tree protection methods shall be delineated on the demolition plans and development plans . (2) All protected existing trees shall be pruned to the City of Fort Collins Forestry Division standards . (3 ) Prior to and during construction, barriers shall be erected around all protected existing trees with such barriers to be of orange construction or chain link fencing a minimum of four (4) feet in height, secured with metal T-posts, no closer than six (6) feet from the trunk or one-half (1/2) of the drip line, whichever is greater. Concrete blankets, or equivalent padding material, wrapped around the tree trunk(s) is recommended and adequate for added protection during construction. There shall be no storage or movement of equipment, material, debris or fill within the fenced tree protection zone. A tree protection plan must be submitted to and approved by the City Forester prior to any development occurring on the development site. (7) The installation of utilities, irrigation lines or any underground fixture requiring excavation deeper than six (6) inches shall be accomplished by boring under the root system of protected existing trees at a minimum depth of twenty-four (24) inches . The auger distance is established from the face of the tree (outer bark) and is scaled from tree diameter at breast height as described in the chart below. Low pressure hydro excavation, air spading or hand digging are additional tools/practices that will help reduce impact to the tree(s) root system when excavating at depths of twenty-four (24) inches or less . Refer to the Critical Root Zone (CRZ) diagram, Figure 2, for root protection guidelines. The CRZ shall be incorporated into and shown on development plans for all existing trees to be preserved. Tree Diameter at Breast Auger Distance From Height (inches) Face of Tree (feet) 0-2 1 1 3 -4 2 5-9 5 10- 14 10 15- 19 12 Over 19 15 Figure 2 -8- Packet Pg . 162 Critical Root Zone Diagram CRITICAL ROOT ZONES ( top view ) enteric Critical r Critical Root Zone ( CRZ ) is the distance from Root Zone KRZ ) the trunk that equals one foot for every inch Disturbance in this of the tree ' s diameter. For example : if the area would cause tree has a trunk 12 inches in diameter, the significant impact to CRZ is a 12 foot radius around the tree . the tree , potentially life threatening . I Critica Root Zone ( CRZ ) tree trunk Perimeter Critical Root Zone ( PCRZ ) The greater the disturbance in this area , the greater post care treatment is needed . (H) Placement and Interrelationship of Required Landscape Plan Elements . In approving the required landscape plan, the decision maker shall have the authority to determine the optimum placement and interrelationship of required landscape plan elements such as trees, vegetation, turf, irrigation, screening, buffering and fencing, based on the following criteria: (4) creating visual interest year-round; (I) Landscape Materials, Maintenance and Replacement (8) Restricted Species . City Forestry Division shall provide a list of specified tree species that shall not be planted within the limits of development and adjoining street right-of-way. For example, no ash trees (Fraxinus species) shall be planted due to the anticipated impacts of the emerald ash borer. -9- Packet Pg . 163 (9) Prohibited species . For prohibited species reference Chapter 27, Article II, Division 1 , Sec. 27- 18 of the Fort Collins Municipal Code . Section 7 . That Section 3 .2 . 1 (K) of the Land Use Code is hereby amended to read as follows : (K) Utilities and Traffic. Landscape, utility and traffic plans shall be coordinated. The following list sets forth minimum dimension requirements for the most common tree/utility and traffic control device separations . Exceptions to these requirements may occur where utilities or traffic control devices are not located in their standard designated locations, as approved by the Director. Tree/utility and traffic control device separations shall not be used as a means of avoiding the planting of required street trees . ( 1 ) Forty (40) feet between shade trees and streetlights. Fifteen ( 15) feet between ornamental trees and streetlights . (See Figure 23 .) Figure 23 Tree/Streetlight Separations SHADE TREES ORNAMENTAL TREES 40 ' f5 ' • AM SYMETLIGNT STAff rUGH (2) Twenty (20) feet between shade anWor oftiamental tfees and tfaffie eopAr-ol signs. ^flaMinimum of fifty (50) feet between street trees and stop/yield signs and traffic signals . Section 8 . That Section 3 .2 .4(D) of the Land Use Code is hereby amended to read as follows : 3.2 .4 Site Lighting - 10- Packet Pg . 164 (D) Design Standards . The lighting plan shall meet the following design standards : (5 ) Light sources must minimize contrast with the light produced by surrounding uses; and must produce an unobtrusive degree of brightness in both illumination l evelse and color rendition. incandescent and high h pressure sodium light selffiIVLJTrt-enV pr-o ide adequate 1111 ut11oH 'Ari low contrast and brightness and n are permitted light sources . ( 11 ) All lighting shall have a nominal correlated color temperature (CCT) of no greater than three thousand (3 , 000) degrees Kelvin. Section 9 . That Section 3 . 3 .2(E)( 1 )(e) of the Land Use Code is hereby amended to read as follows : (E) Required Improvements Prior to Issuance of Certificate of Occupancy. (e) Drainage. The construction of stormwater drainage facilities required by the approved Development Plan Documents must be consistent with the Stormwater Criteria Manual as it may be modified from time to time. Such stormwater drainage facility must be verified by an authorized City inspector at the appropriate phases of construction activities as specified in the Development Certification Checklist issued by Water Utilities Engineering and available on the City of Fort Collins website . from the TlepaAment inn iidinn but not limited t� (a) 1 n st.;4 tRTC i o r�}vv�*12n72A�Pe,Fif N ri,a iw.}.spee io by as v � y IR Tp ^ri FitQ' r--NClT\�] �the point of�iyv�lstallati C7T1„ ofr—hi outlet, u erdrain, geetreN�1bfaf1V�*�,^ • , • V1KlLGd i f «] ele, AY 1N Paft in � design detail set forththe Development Plan Do^euments, and sub base authofize fill ir. speetor at the point of installation of the Pa-yefs and fill joint material . 1 1 Packet Pg . 165 m it� �ri zed City inspeetor at the po4nt Af ingtn IIntiwR Af the-, utlet ) under-drain and n geomem-bFane layer- if included it whole of in pnrt in the desigi detnf . net fo.#h it the DeNze op fflept J2Jn4g nApi fne ltn and bane oo rse (lb)Installation of this facility was verified via i � ectio ,'I by wn aauth�Zed /~, JpeetBr—at—the pal ; vi4 of ; v+ nGAfl Cti©�f ahe pea grave course andsand an or ierr,ii sir n< marlin ln ) /Dr couFse (3 ) Extended Detention Basins : Installation of this facility was verified via. inspeetio by a authorized City , inspeetor at the point of e ffl e water quality control bw (es) ( )Undeg O rid TTeatment : Installation of this facility was veFified via inspeetio by a authorized City inspeeter at the point at whieh the feature in installed nstalle but not b ufie In the event of non-compliance, the City shall have the option to withhold building permits and/or certificates of occupancy or use any other legal remedy that may be provided in the City Code, the Land Use Code and/or the Development Agreement, as determined appropriate to ensure that the Developer properly installs all privately owned stormwater improvements associated with the development as specified in the Development Plan Documents. In addition, a "Drainage Certification" prepared by a Professional Engineer licensed in the State of Colorado must be provided. The "Certification" must confirm to the City that all stormwater drainage facilities required to serve the property have been constructed in conformance with the approved Development Plan Documents so as to protect downstream property and the quality of Stormwater runoff from the property to comply with the City' s Municipal Separate Storm Sewer System permit. Such certification must be in the form required by the City' s Stormwater Criteria Manual and Construction Standards , Section 10 . That Section 3 . 3 . 5 of the Land Use Code is hereby amended to read as follows : 3.3.5 - Engineering Design Standards The project must comply with all design standards, requirements and specifications for the following services as certified by the appropriate agency or variances must be granted by such agency: • water supply • sanitary sewer - 12- Packet Pg . 166 • mass transit • fire protection • flood hazard areas • telephone • walks/bikeways • irrigation companies • electricity • natural gas • storm drainage • cable television • streets/pedestrians • broadband/fiber optic Section 11 . That Section 3 .4 . 1 (D)( 1 )(e) of the Land Use Code is hereby amended to read as follows : 3.4. 1 Natural Habitats and Features (D) Ecological Characterization and Natural Habitat or Feature Boundary Definition . The boundary of any natural habitat or feature shown on the Natural Habitats and Features Inventory Map is only approximate . The actual boundary of any area to be shown on a project development shall be proposed by the applicant and established by the Director through site evaluations and reconnaissance, and shall be based on the ecological characterization of the natural habitat or feature in conjunction with the map . ( 1 ) Ecological Characterization Study. If the development site contains, or is within five hundred (500) feet of, a natural habitat or feature, or if it is determined by the Director, upon information or from inspection, that the site likely includes areas with wildlife, plant life and/or other natural characteristics in need of protection, then the developer shall provide to the City an ecological characterization report prepared by a professional qualified in the areas of ecology, wildlife biology or other relevant discipline. At least ten ( 10) working days prior to the submittal of a project development plan application for all or any portion of a property, a comprehensive ecological characterization study of the entire property must be prepared by a qualified consultant and submitted to the City for review. The Director may waive any or all of the following elements of this requirement if the City already possesses adequate information required by this subsection to establish the buffer zone(s), as set forth in subsection (E) below, and the limits of development ("LOD "), as set forth in subsection (N) below. The ecological characterization study shall describe, without limitation, the following: - 13 - Packet Pg . 167 (e) the pattern, species and location of all non-native trees and any signifieaRt B.A^ix-iru^twiPvTtHr-@@si inelu ling-Siberian edlir-aid Russimn. coo trees, as des Z 7 1 �7p-�)( 1 ) o� s Code ^ r � olive described _ 'T. .TC_ / \TTV� .Tti�ii +�, C[IIIT non vegetation that contribute to the site's ecological, shade, canopy, aesthetic and cooling value; Section 12 . That Section 3 .4 . 1 (E) of the Land Use Code is hereby amended to read as follows : 3.4. 1 Natural Habitats and Features (E) Establishment of Buffer Zones. Buffer zones surrounding natural habitats and features shall be shown on the project development plan for any development that is subject to this Division. The purpose of the buffer zones is to protect the ecological character of natural habitats and features from the impacts of the ongoing activity associated with the development. ( 1 ) Buffer Zone Performance Standards. The decision maker shall determine the buffer zones for each natural habitat or feature contained in the project site. The buffer zones may be multiple and noncontiguous . The general buffer zone distance is established according to the buffer zone table below, but the decision maker may shia44 reduce or- enlarge- any portion of the general buffer zone distance so long as the reduced buffer complies with if neees^ ^. der-to ennii�ure— ^* the performance standards set forth below ^ re aehie e . To mitigate a reduced portion of the buffer area, the decision maker may also enlarge any portion of the general buffer zone distance if necessary to ensure that the buffer complies with the performance standards set forth below. The buffer zone performance standards are as follows : (c) The project shall be designed to preserve s; ,.,,� existing trees and other- sign fiea t existing vegetation on that contribute to the site ' s ecological, shade, canopy, aesthetic, habitat and cooling value. Notwithstanding the requirements of Section 3 . 2 . 1 (F), all trees and vegetation within the Limits of Development must be preserved or, if necessary, mitigated based on the values established by the Ecological Characterization Study or the City Environmental Planner. Such mitigation, if necessary, shall - 14- Packet Pg . 168 include trees, shrubs, grasses, or any combination thereof, and must be planted within the buffer zone. Section 13 . That Section 3 . 5 .2(D) of the Land Use Code is hereby amended by the addition of a new subparagraph (3 ) which reads in its entirety as follows : (D) Relationship of Dwelling to Streets and Parking. (3 ) At least one door providing direct access for emergency responders from the outside into each individual single family attached dwelling must be located within one hundred fifty ( 150) feet from the closest emergency access easement or designated fire lane as measured along paved walkways. Neither an exterior nor interior garage door shall satisfy this requirement. Section 14 . That Section 3 . 8 . 17 (A)(2) of the Land Use Code is hereby amended to read as follows : 3 . 8. 17 Building Height (2) Building Height Measured in Stories . In measuring the height of a building in stories the following measurement rules shall apply: (a) A balcony or mezzanine shall be counted as a full story when its floor area is in excess of one-third ( 1 /3 ) of the total area of the nearest full floor directly below it. (b) No story of a commercial or industrial reseal building shall have more than twenty-five (25) feet from floor to floor. (c) A maximum vertical height of twelve ( 12) feet eight (8) inches shall be permitted for each residential story. This maximum vertical height shall apply only in the following zone districts : U-E; R-F ; R-L; L-M-N; M-M- N; N-C-L; N-C-M ; N-C-B ; R-C ; C-C-N; N-C ; and H-C . Section 15 . That Section 4 .4(B)(3)(e) of the Land Use Code is hereby amended by the addition of a new subparagraph (e) to read as follows : - 15 - Packet Pg . 169 (3 ) The following uses are permitted in the R-L District, subject to review by the Planning and Zoning Board: (e) Accessory / Miscellaneous Uses . 1 , Wireless Telecommunications Facilities , Section 16 . That Section 4 .4(D) of the Land Use Code is hereby amended by the addition of a new subparagraph (4) which reads in its entirety as follows : (4) Wireless Telecommunications Facilities. Wireless telecommunications facilities must be located on a non-residential parcel and installation must be mitigated by use of stealth techniques such as steeples, bell towers, grain silos, or similar means of disguising the appearance of the facilities to mitigate its visual impacts. Section 17 . That Section 4 . 7 of the Land Use Code is hereby amended to read as follows : DIVISION 4. 7 Neighborhood Conservation, Low Density District (N-C -L) (D) Land Use Standards. (2) Allowable Floor Area on Lots . (a) The allowable floor area shall be as follows : 2 . On a lot that is between five thousand (5 ,000) square feet and ten thousand ( 10,000) square feet, the allowable floor area for single- family dwellings and buildings accessory to single-family dwellings shall not exceed twenty (20) percent of the lot area plus one thousand ( 1 ,000) square feet. On a lot that is bot3vvee six tb etisan (6 ,000) square foot a-a tors thousand ( 10 ,000) nVar-o koot a additional t3yyo hundred un re fifty (250 square foot shall be adde 4'�r n detae od aeeessor-y nos:uet ro 3 . On a lot that is more than ten thousand ( 10,000) square feet, the allowable floor area for single-family dwellings and buildings - 16- Packet Pg . 170 accessory to single-family dwellings shall not exceed thirty (30) percent, plus two h. . o.A fifty (250) c+ qu rreiG tw fie A detnehed (5 ) Accessory Buildings With Habitable Space (or Potential Future Habitable Space). Any accessory building with water and/or sewer service shall be considered to have habitable space. Any person applying for a building permit for such a building shall sign and record with the Larimer County Clerk and Recorder an affidavit stating that such accessory structure shall not be used as a dwelling unit. All applicable building permits issued for such buildings shall be conditioned upon this prohibition. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum of six hundred (600) square feet of floor area. Floor area shall include all floor space within the basemel t A ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (71/2) feet and basement floor area where any exterior basement wall is exposed by more than three (3) feet above the existing grade at the interior side lot line adjacent to the wall. Such accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures . (6) Accessory Buildings Without Habitable Space. Any accessory building without water and/or sewer service, which has not been declared to contain habitable space by the applicant, shall not exceed a total floor area of six hundred (600) square feet. Floor area shall include all floor space (including basement ase e t span. A within the ground floor plus that portion of the floor area of any second story building--having a ceiling height of at least seven and one -half (7 %) feet and basement floor area where any exterior basement wall is exposed by more than three (3) feet above the existing grade at the interior side lot line adjacent to the wall. (E) Dimensional Standards. (5 ) Maximum building height shall be two (2) stories, except in the case of a detached dwelling unit at the rear of the lotfoF carriage houses, and accessory buildings eentaining habitable spaee, whieh shall be a maximijm of one and one half ( I 17 _) stories (F) Development Standards. (2) Bulk and Massing - 17- Packet Pg . 171 (a) Building Height. 1 . Maximum building height shall be two (2) stories, except in the case of a detached dwelling unit at the rear of the lot ege houses and accessory buildings eonaixing habitable spae ieh steal be n maximum of one and one half ( 1 1 /2) stories (b) Eave Height. 1 . The exterior eave height of an eave along a side lot line shall not exceed thirteen ( 13 ) feet from grade for a dwelling unit located at the rear of the lot or an accessory building with habitable space. An eave of a dormer or similar architectural feature may exceed thirteen ( 13 ) feet if set back two (2) feet from the wall below and does not exceed twenty-five (25) percent of the wall length. 2 . The exterior eave height of an eave along a side lot line shall not exceed ten ( 10) feet from grade for an accessory building containing no habitable space. An eave of a dormer or similar architectural feature may exceed ten ( 10) feet if set back two (feet) from the wall below and does not exceed 25 % of the wall length. 3 . The maximum eave height is measured at the minimum setback from an interior side-yard lot line and can be increased at a ratio of six (6) inches of additional building height for each one ( 1 ) foot of setback from the interior side property line. -34 . If a second story has an exterior wall that is set back from the lower story's exterior wall, the eave height shall be the point of an imaginary line at which the upper story's roofline (if extended horizontally) would intersect with the lower story' s exterior wall (if extended vertically) . - 18 - Packet Pg . 172 24' s _ s fj , _ S IU c s � f I t Section 18 . That Section 4 . 8 of the Land Use Code is hereby amended to read as follows : DIVISION 4.8 Neighborhood Conservation, Medium Density District (D) Land Use Standards. ( 1 ) Required Lot Area. Minimum lot area shall not be less than the following: five thousand (5 ,000) square feet for a single-family or two-family dwelling and six thousand (6,000) square feet for all other uses . (2) Allowable Floor Area on Lots . (a) The allowable floor area shall be as follows : 1 . On a lot of less than four thousand (4,000) square feet, the allowable floor area for single-family dwellings and buildings accessory to single-family dwellings shall not exceed fifty (50) percent of the lot area. - 19- Packet Pg . 173 2 . On a lot that is between four thousand (4,000) square feet and ten thousand ( 10,000) square feet, the allowable floor area for single- family dwellings and buildings accessory to single-family dwellings shall not exceed twenty-five (25 ) percent of the lot area plus one thousand ( 1 ,000) square feet. O. B. n ' ^* +hn+ is L.o*.� .00� n . - - thousand (6 ,000) square font and to thousand ( 10 ,000) sq aro Fan+ nv. ndditi MI 4FTAV hundred fifty (750 nqiinro foot shall he nrl .a aa . .] 4'�r n detached accessory striictme 3 . On a lot that is more than ten thousand ( 10,000) square feet, the allowable floor area for single-family dwellings and buildings accessory to single-family dwellings shall not exceed thirty-five (35) percent of the lot area, plus twe :hundred fifty (250) n ,,, , nro feed for a detached etache accessory building. 4 . The allowable floor area for buildings containing permitted uses other than single-family dwellings and buildings accessory to single-family dwellings shall not exceed forty (40) percent of the lot area. (5 ) Accessory Buildings With Habitable Space (or Potential Future Habitable Space). Any accessory building with water and/or sewer service shall be considered to have habitable space. Any person applying for a building permit for such a building shall sign and record with the Larimer County Clerk and Recorder an affidavit stating that such accessory structure shall not be used as a dwelling unit. All building permits issued for such buildings shall be conditioned upon this prohibition. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum of six hundred (600) square feet of floor area. Floor area shall include all floor space within the base,ment an ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7 %) feet and basement floor area where any exterior basement wall is exposed by more than three (3 ) feet above the existing grade at the interior side lot line adjacent to the wall . Such accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. (6) Accessory Buildings Without Habitable Space. Any accessory building without water and/or sewer service, which has not been declared to contain habitable space by the applicant, shall not exceed a total floor area of six hundred (600) square feet. Floor area shall include all floor space (ifie , , , ing base en4 spncol within the ground floor plus that portion of the floor area of any second story buildin aving a ceiling height of at least seven and one -half (71/2) feet and basement floor area where any exterior basement wall is exposed by more than -20- Packet Pg . 174 three (3 ) feet above the existing grade at the interior side lot line adjacent to the wall. (E) Dimensional Standards. (5 ) Maximum building height shall be two (2) stories, except in the case of a detached dwelling unit at the rear of the lot for homes and accessory buildings eentaining habitable spaeo, vhieh slh. " ' nte�te Afflfle'-a„ �'�-h. 'AI ( 1 1 2) stories (F) Development Standards. (2) Bulk and Massing. (a) Building Height. 1 . Maximum building height shall be two (2) stories , except in the case of a detached dwelling unit at the rear of the lot forge houses and accessory buildings containing ti ' ta1 1 A We, whici shn11 be 1 . mitedd to oro faro one half ( I 1 2) stories (b) Eave Height. 1 . The exterior eave height of an eave along a side lot line shall not exceed thirteen ( 13) feet from grade for a dwelling unit located at the rear of the lot or an accessory building with habitable space . An eave of a dormer or similar architectural feature may exceed thirteen ( 13 ) feet if set back two (2) feet from the wall below and does not exceed twenty-five (25) percent of the wall length. 2 . The exterior eave height of an eave along a side lot line shall not exceed ten ( 10) feet from grade for an accessory building containing no habitable space. An eave of a dormer or similar architectural feature may exceed ten ( 10) feet if set back two (2) feet from the wall below and does not exceed twenty-five (25 ) percent of the wall length. 3 . The maximum eave height is measured at the minimum setback from an interior side-yard lot line and can be increased at a ratio of -21 - Packet Pg . 175 six (6) inches of additional building height for each one ( 1 ) foot of setback from the interior side property line. -34. If a second story has an exterior wall that is set back from the lower story's exterior wall, the eave height shall be the point of an imaginary line at which the upper story's roofline (if extended horizontally) would intersect with the lower story's exterior wall (if extended vertically) . Section 19 . That Section 4 . 9 of the Land Use Code is hereby amended to read as follows : DIVISION 4.9 Neighborhood Conservation Buffer District (N-C-B) (D) Land Use Standards. (3 ) Accessory Buildings With Habitable Space (or Potential Future Habitable Space) . Any accessory building with water and/or sewer service shall be considered to have habitable space. An applicant may also declare an intent for an accessory building to contain habitable space. Any person applying for a building permit for such a building shall sign and record with the Larimer County Clerk and Recorder an affidavit stating that such accessory structure shall not be used as a dwelling unit. All building permits issued for such buildings shall be conditioned upon this prohibition. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum six hundred (600) square feet of floor area. Floor area shall include all floor space within the basement and ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7 %) feet and basement floor area where any exterior basement wall is exposed by more than three (3 ) feet above the existing grade at the interior side lot line adjacent to the wall . Such accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures . (4) Accessory Building without Habitable Space. Any accessory building without water and/or sewer service, which has not been declared to contain habitable space by the applicant, shall not exceed a total floor area of six hundred (600) square feet. Floor area shall include all floor space (including basement spnnoA within ground floor plus that portion of floor area of any second story the btlildiff having a ceiling height of at least seven and one-half (7 '/2) feet and basement floor -22- Packet Pg . 176 area where any exterior basement wall is exposed by more than three (3 ) feet above the existing grade at the interior side lot line adjacent to the wall. (E) Development Standards. ( 1 ) Building Design. (e) Front porches shall be limited to one ( 1 ) story, and the front facades of all single- and two-family dwellings shall be no higher than two (2) stories, except in the case of a detached dwelling unit at the rear of the lot-for eaffi ge houses and accessory buildings containing habitable spaeo, whiEh steal be limite to ore- and n onehalf al ( I V2) stori oc (2) Bulk and Massing. (a) Building Height. 1 . Maximum building height shall be three (3 ) stories, except in the case of a detached dwelling unit at the rear of the lot for eafriage houses and accessory buildings eontain: ng habitable spaEo whieh steal be limited imite to one and n one half ( 1 1 /2) stori oc (b) Eave Height. 1 . The exterior eave height of an eave along a side lot line shall not exceed thirteen ( 13 ) feet from grade for a dwelling unit located at the rear of the lot or an accessory building with habitable space. An eave of a dormer or similar architectural feature may exceed thirteen ( 13 ) feet if set back two (2) feet from the wall below and does not exceed twenty-five (25) percent of the wall length. 2 . The exterior eave height of an eave along a side lot line shall not exceed ten ( 10) feet from grade for an accessory building containing no habitable space. An eave of a dormer or similar architectural feature may exceed ten ( 10) feet if set back two (2) feet from the wall below and does not exceed twenty-five (25 ) percent of the wall length . 3 . The maximum eave height is measured at the minimum setback from an interior side-yard lot line and can be increased at a ratio of -23 - Packet Pg . 177 six (6) inches of additional building height for each one ( 1 ) foot of setback from the interior side property line . -34 . If a second story has an exterior wall that is set back from the lower story's exterior wall, the eave height shall be the point of an imaginary line at which the upper story's roofline (if extended horizontally) would intersect with the lower story' s exterior wall (if extended vertically) . Section 20 . That Section 4 .22(B)(2)(c)28 of the Land Use Code is hereby amended to read as follows : (c) Commercial/Retail Uses : 28 . Enclosed mini-storage facilities , if located at least two hundred (200) feet fir '�nege Avenue of one hundred fifty ( 150) feet from South College Avenue, Section 21 . That the definition "Neighborhood center" contained in Section 5 . 1 .2 of the Land Use Code is hereby amended to read as follows : Neighborhood center shall mean a combination of at least two (2) ^ onr-es denti ' uses and an outdoor space, which together provide a focal point and a year -round meeting place for a Low Density Mixed Us"neighborhood as listed in the Low Density Mixed-Use Neighborhood zone district. Introduced, considered favorably on first reading, and ordered published this 4th day of June, A.D . 2019, and to be presented for final passage on the 2nd day of July, A.D . 2019 , Mayor Pro Tem ATTEST : City Clerk -24- Packet Pg . 178 Passed and adopted on final reading on the 2nd day of July, A.D . 2019 . Mayor ATTEST : City Clerk -25 - Packet Pg . 179 ORDINANCE NO . 078 , 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY OF FORT COLLINS LAND USE CODE REGARDING COMMUNITY DEVELOPMENT AND NEIGHBORHOOD SERVICES DIRECTOR VARIANCES TO CERTAIN LAND USE CODE STANDARDS WHEREAS, on December 2 , 19971 by its adoption of Ordinance No . 190, 1997 , the City Council enacted the Fort Collins Land Use Code (the "Land Use Code") ; and WHEREAS , at the time of the adoption of the Land Use Code, it was the understanding of staff and the City Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS , since its adoption, City staff and the Planning and Zoning Board have continued to review the Land Use Code and identify and explore various issues related to the Land Use Code and have now made new recommendations to the Council regarding the Community Development and Neighborhood Services Director determining certain variances to the Land Use Code; and WHEREAS , on May 16, 2019, the Planning and Zoning Board unanimously recommended that City Council adopt the Land Use Code changes set forth herein; and WHEREAS , the City Council has determined that the recommended Land Use Code amendments are in the best interests of the City and its citizens . 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 Division 2 . 10 of the Land Use Code is hereby amended to read as follows : DIVISION 2. 10 - VARIANCES (BV T-14E ZONING BOARD OF APPEALS) 2. 10.2 Variances By the Director (A) The Director shall be authorized to grant the following types of variances, subject to the variance review procedure in Section 2 . 10 .4 below: - 1 - Packet Pg . 180 ( 1 ) Setback encroachment of up to ten ( 10) percent. (2) Fence height increase of up to one ( 1 ) foot. (3 ) In the N-C-L, N-C-M, and N-C-B zone districts, the allowable floor area in the rear half of the lot increase of up to ten ( 10) percent, provided the amount of increase does not exceed the allowable floor area for the entire lot. (4) Building height increase of up to one ( 1 ) foot. (B) The Director may refer any variance described in (A) above to the Zoning Board of Appeals for review and decision. 2. 10.3 Variances By the Zoning Board of Appeals The Zoning Board of Appeals shall be authorized to grant all variances not subject to the Director' s review in Section 2 . 10 .2(A) and those referred by the Director. The Zoning Board of Appeals shall follow the variance review procedure in Section 2 . 10 .4 below . 2. 10.24 Variance Review Procedures (F) Step 6 (Notice) : For variances reviewed by the Director or the Zoning Board of Appeals Ssubsection 2 . 2 . 6(A) only applies, except that a variance reviewed by the Director shall require mailed written notice ( 14) days prior to the decision instead of the hearing/meeting date and for variances reviewed by the Director or the Zoning Board of Appeals, "eight hundred (800) feet" shall be changed to "one hundred fifty ( 150) feet," and for single-family houses in the NCL and NCM zone districts, eight hundred (800) feet shall be changed to five hundred (500) feet for variance requests for: (G) Step 7(A) (Decision Maker) : Not applicable, and in substitution for Section 2 .2 . 7(A), the Director or Zoning Board of Appeals , pursuant to Chapter 2 of the City Code, shall review, consider and approve, approve with conditions, or deny applications for variance based on its compliance with all of the standards contained in Step 8 . Step 7(B)—(G) (1) Zoning Board of Appeals Review Only (Conduct of Public Hearing, Order of Proceedings at Public Hearing, Decision and Findings, Notification to Applicant, Record of Proceedings, Recording of Decisions and Plats, Filing with City Clerk) : Applicable . -2- Packet Pg . 181 Step 7(B)—(C) and (E)—(G) (1) Director Review Only (Conduct of Public Hearing, Order of Proceedings as Public Hearing) : Not applicable. Step 7(D) Director Review Only (Decision and Findings) : Applicable and in substitution thereof, the Director shall issue a written decision to approve, approve with conditions, or deny the variance request. The written decision shall be mailed to the applicant and to the property owners to whom notice was originally mailed and shall also be posted on the City' s website at www. fcgov. com. (H) Step 8 (Standards) : Applicable, and the Director or Zoning Board of Appeals may grant a variance from the standards of Articles 3 and 4 only if it finds that the granting of the variance would neither be detrimental to the public good nor authorize any change in use other than to a use that is allowed subject to basic development review; and that: (K) Step 11 (Lapse) : Any variance "that applies to the issuance of a Building Permit shall expire six (6) months after the date that such variance was granted, unless all necessary permits have been applied for obtaine ; provided, however, that for good cause shown, the Director Zoning Board of ^ rpe may authorize a longer term if such longer term is reasonable and necessary under the facts and circumstances of the case, but in no event shall the period of time for applying for all necessary permits under a variance exceed twelve ( 12) months in length. One ( 1 ) six-month extension may be granted by the Director Zoning Boaffd. of Appeals . (L) Step 12 (Appeals) : ( 1 ) Applicable and in substitution thereof, variances decided by the Director are appealable to the Zoning Board of Appeals . Any such appeal must be initiated by filing a notice of appeal of the final decision of the Director within 14 days after the decision that is the subject of the appeal . The appeal hearing before the Zoning Board of Appeals shall be considered a new, or de novo , hearing. The decision of the Zoning Board of Appeals on such appeals shall constitute a final decision appealable to City Council pursuant to Section 2 . 2 . 12 (Step 12) . (2) Applicable to variances reviewed by the Zoning Board of Appeals . -3 - Packet Pg . 182 Introduced, considered favorably on first reading, and ordered published this 4th day of June, A.D . 2019, and to be presented for final passage on the 2nd day of July, A.D . 2019 . Mayor Pro Tem ATTEST : City Clerk Passed and adopted on final reading on the 2nd day of July, A . D . 2019 . Mayor ATTEST : City Clerk -4 - Packet Pg . 183 13 Agenda Item 13 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Jason Licon , Airport Director Judy Schmidt, Legal SUBJECT First Reading of Ordinance No . 079 , 2019 , Authorizing Execution of a Deed of Dedication to the City of Loveland for the Extension of Rockwell Avenue Across Jointly Owned City and City of Loveland Property at the Northern Colorado Regional Airport. EXECUTIVE SUMMARY The purpose of this item is to dedicate to the City of Loveland the right-of-way for extension of Rockwell Avenue across jointly owned Airport property. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading . BACKGROUND / DISCUSSION In connection with development of real property adjacent to the Airport , the City of Loveland wishes to extend Rockwell Avenue from its current terminus over and across a portion of the jointly owned Airport property, requiring dedication of approximately 1 . 3 acres for right-of-way purposes . A map showing the location of the parcel to be dedicated and the adjacent development property is included as Attachment 1 . The cost of constructing approximately 700 feet of the anticipated future extension will be borne by the developer of the adjacent property, with no financial contribution by the Airport. The full extension of Rockwell Avenue is reflected on the Council -approved 2007 Airport Master Plan for future aviation needs . This partial extension will benefit the Airport and is consistent with the Federal Aviation Administration 's ( FAA) regulations and the Airport's grant assurances to the FAA. After this initial extension , the remaining portion of Rockwell Avenue will , when completed in the future , provide access to a part of the Airport planned for future aviation development. This dedication by the City without compensation serves a bona fide public purpose by providing a portion of the planned expanded access to the Airport, which will enable further development of Airport property jointly owned by the City and satisfies the criteria in City Code Section 23- 111 for disposition of a property interest without payment of fair market value because it will : ( 1 ) promote the health , safety or general welfare and benefits a significant segment of the citizens of Fort Collins by enhancing the accessibility, developability and value of the Airport owned and operated jointly by the City; (2 ) support one ( 1 ) or more of the City Council 's goals , adopted policies , projects or plans , specifically the 2007 Airport Master Plan that depicts the eventual extension of the roadway to serve future Airport development on jointly- owned property; Item # 13 Page 1 Packet Pg . 184 13 Agenda Item 13 (3) provide financial support that is leveraged with other funding or assistance , specifically, funding of construction costs by the developer, and maintenance and upkeep by the City of Loveland ; (4) not result in any direct financial benefit to any private person or entity, except to the extent such benefit is only an incidental consequence and is not substantial relative to the public purpose being served , specifically construction cost for this portion of the extension will be solely borne by the developer while benefiting the jointly-owned Airport property, the developer, the public, and the Cities ; and ( 5 ) not interfere with current City projects or work programs , hinder workload schedules or divert resources needed for primary City functions or responsibilities . CITY FINANCIAL IMPACTS There are no financial impacts to the City. BOARD / COMMISSION RECOMMENDATIONS At its May 16 , 2019 meeting , the Northern Colorado Regional Airport Commission adopted a resolution recommending that the City Council approve this deed of dedication for Airport property to extend Rockwell Avenue . (Attachment 3) ATTACHMENTS 1 . Airpark North Subdivision Location Map ( PDF ) 2 . Northern Colorado Regional Airport Resolution R- 1 -2019 (PDF ) Item # 13 Page 2 Packet Pg . 185 ATTACHMENT 1 13 . 1 . - � ' > r". - ! i I ti F +I ti _ I O AvA 41 _ •r' r' c� s d y a ' . E s jw rA IY ._ ,ntCL y� 00 � SZ U f Ld4 o 0' S o u Bb& I , i � Detentio G�R nMOOGIfsF�6�3 9U � [�lOOON I �n Rockwell Ave Extension > 01 \` oLa S ROW 700 ft . X 80 ft . Rockwell Ave . . q.� Cv CD,, Aeronautical : Detention � y,� 1 , •� Development 10ai R � Q 1 •� \\. 1 ZY�'e '� `` fl ILI E Cu 0 . 25 Miles ` 7 ''. ► Packet Pg . 186 ATTACHMENT 2 13.2 RESOLUTION # R41 2019 A RESOLUTION RECOMMENDING THAT THE CITIES OF FORT COLLINS AND LOVELAND AUTHORIZE AND EXECUTE A DEED OF DEDICATION FOR AIRPORT PROPERTY TO EXTEND ROCKWELL AVENUE 0 WHEREAS, the Cities of Fort Collins and Loveland (the "Cities") currently operate and maintain the Northern Colorado Regional Airport (the "Airport") pursuant to that certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins- o Loveland Airport dated January 22, 2015 (the "IGA"), which established the Northern Colorado 3 Regional Airport Commission (the "Commission") as the Airport governance structure; and 0 WHEREAS, the Cities are joint owners of the Airport property, although the Airport is t located within the jurisdictional boundaries of the City of Loveland; and 0a L_ Q WHEREAS, a development known as Airpark North First Subdivision to the north of the Tom Airport is in the process of finalizing a plat, and for such development, the developer must c extend existing Rockwell Avenue onto Airport property in order to connect Rockwell Avenue to °—° Rickenbacker Road. Rockwell Avenue currently ends at the boundary of Airport property; however, the Airport Master Plan shows Rockwell Avenue being extended onto the Airport N property to serve future development on the Airport; and _ WHEREAS, in order to extend Rockwell Avenue onto the Airport property, the land for such right-of-way must be dedicated by the two Cities to Loveland as Rockwell Avenue will be a c Loveland owned and maintained street. The two Cities as joint property owners will be required to sign a deed of dedication dedicating such land to the City of Loveland as right-of-way; and 0 a WHEREAS, the Airport, and accordingly the two Cities, will benefit from the extension Q of Rockwell Avenue onto the Airport property. The developer will also be required to pay a cash-in-lieu payment for its frontage of the remaining roadway to be constructed in the future o which will serve Airport development; and WHEREAS, the Commission recommends to the two Cities that they approve and take '0a action to execute the required deed of dedication to permit the extension of Rockwell Avenue c onto Airport property. v NOW THEREFORE BE IT RESOLVED BY THE NORTHERN COLORADO REGIONAL AIRPORT COMMISSION AS FOLLOWS . t 0 z Section 1 . That the Commission recommends that the Cities of Fort Collins and Loveland approve and execute a deed of dedication to the City of Loveland as necessary to E extend Rockwell Avenue onto Airport property for the Airpark North First Subdivision development and future Airport development. Q Section 2. That this Resolution shall be effective as of the date and time of its adoption. Packet Pg . 187 13 .2 ADOPTED this 16`h day of May, 2019. e Troxell, Chair of the Northern Colorado Regional Airport Commission o Ip �a ATTEST : m 0 a� 3 Y V Secretary 0 rm 0 APPROV1-11 ) AS *10 I:O[Z \ 1 : t c A a - AVLO istant C' it � Attornev o ao rn T Q N NT I.L 0 0 0 L 'a 0 a� 0 �a L 0 0 U L 0 Z E V Q Packet Pg . 188 ORDINANCE NO . 07% 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING EXECUTION OF A DEED OF DEDICATION TO THE CITY OF LOVELAND FOR THE EXTENSION OF ROCKWELL AVENUE ACROSS JOINTLY OWNED CITY AND CITY OF LOVELAND PROPERTY AT THE NORTHERN COLORADO REGIONAL AIRPORT WHEREAS , in 1963 , the City of Fort Collins ("City") and the City of Loveland ("Loveland") (collectively, the "Cities") established a regional general aviation facility and became the joint owners and operators of the Northern Colorado Regional Airport (the "Airport") ; and WHEREAS, the Cities currently operate and maintain the Airport pursuant to that certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins - Loveland Airport dated January 22 , 2015 , as amended (the "IGA"); and WHEREAS, in connection with development of real property adjacent to the Airport, the City of Loveland wishes to extend Rockwell Avenue from its current terminus over and across a portion of the jointly owned Airport property and wishes to acquire the City's fee interest in a portion of a jointly owned parcel of land consisting of 1 . 3 acres in size, more specifically described on Exhibit "A", attached hereto and incorporated herein by reference (the "Dedication Parcel") for right-of-way purposes; and WHEREAS , the Dedication Property will serve as a planned extension of Rockwell Avenue, benefitting the Airport and the City as a joint owner, allowing a secondary access point into the Airport from the north, and reducing the Cities ' future obligations to extend the initial 700 foot portion of the road for access ; and WHEREAS , City Code Section 23 - 111 provides that the City Council is authorized to sell, convey or otherwise dispose of an interest in real property owned by the City, provided the Council first finds by ordinance that such sale or disposition serves a bona fide public purpose because it meets the five criteria set forth therein; and WHEREAS , Council determines that conveyance of the City' s fee interest in the Dedication Parcel to Loveland for right-of-way purposes without requiring Loveland pay compensation to the City serves a bona fide public purpose of providing a portion of the planned expanded access to the Airport, which will enable further development of Airport property jointly owned by the City because the initial 700 foot extension of Rockwell Avenue thereon will : ( 1 ) promote the health, safety or general welfare and benefits a significant segment of the citizens of Fort Collins by enhancing the accessibility, developability and value of the Airport owned and operated jointly by the City; (2) support one ( 1 ) or more of the City Council's goals, adopted policies, projects or plans, specifically the 2007 Airport Master Plan that depicts the eventual - 1 - Packet Pg . 189 extension of the roadway to serve future Airport development on jointly-owned property; (3 ) provide financial support that is leveraged with other funding or assistance, specifically funding of construction costs by the developer and maintenance and upkeep of the right-of-way by the City of Loveland; (4) not result in any direct financial benefit to any private person or entity, except to the extent such benefit is only an incidental consequence and is not substantial relative to the public purpose being served, specifically construction cost for this portion of the extension will be solely borne by the developer while benefiting the jointly-owned Airport property, the developer, the public, and the Cities; and (5) not interfere with current City projects or work programs, hinder workload schedules or divert resources needed for primary City functions or responsibilities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That City Council hereby makes any and all determinations and findings contained in the recitals set forth, and specifically finds that the conveyance of the Dedication Parcel is in the best interests of the City, serves a bona fide public purpose and meets the requirements of City Code Section 23 - 111 for the reasons set forth therein. Section 2 . That the City Council hereby authorizes the Mayor to execute such documents of conveyance as are necessary to convey the Dedication Parcel to the City of Loveland upon the terms and conditions described above, and subject to such other terms and conditions as the City Manager, in consultation with the City Attorney, determines are in the best interest of the City. Introduced, considered favorably on first reading, and ordered published this 4th day of June, A.D . 2019, and to be presented for final passage on the 2nd day of July, A.D . 2019 . Mayor Pro Tem ATTEST : City Clerk -2- Packet Pg . 190 Passed and adopted on final reading on the 2nd day of July, A . D . 2019 . Mayor ATTEST : City Clerk - 3 - Packet Pg . 191 EXHIBIT A LEGAL DESCRIPTION AND DEPICTION OF DEDICATION PARCEL PROPERTY DESCRIPTION Public Right-of-Way Being part of 'fract B of Barnstorm 2nd Addition as recorded August 12, 1986 as Reception No. 86044345 of the Records of Larimer County, located in the Southeast Quarter (SE 1 /4) of Section Twenty-eight (28), Township Six North (T. 6N. ), Range Sixty-eight West ( R.68W. ) of the Sixth Principal Meridian (6th P.M .), City of Loveland, County of Larimer, State of Colorado and being more particularly described as follows: BEGINNING at the East Quarter corner of said Section 28 and assuming the North line of said SE 1 /4 as bearing North 87°33 '44" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011 , a distance of 2635 .84 feet with all other bearings contained herein relative thereto; THENCE along the cast line of said SE 1 /4, South 00°07'44" West a distance of 80.06 feet to a line parallel with and 80.00 feet South of, as measured at a right angle to the North line of said SE 1 /4; THENCE along said parallel line. North 87°33 '44" West, a distance of 706. 10 feet; THENCE North 02026' l6" East a distance of 80.00 feet to said North line of Section 28; THENCE along North line, South 87°33 '44" East a distance of 802.87 feet to the POINT OF BEGINNING. 0 tY O Said described parcel of land contains 56,359 Square Feet or 1 .294 Acres, more or less (f), and is c subject to any rights-of-way or other easements of record or as now existing on said described 0 parcel of land. ca a� a� 3 U 0 W rm 0 SURVEYORS STATEMENT L Q 1, Paul B. Groves, a Colorado Licensed Professional Land Surveyor do hereby state that this N Property Description was prepared under my personal supervision and checking, and that it is true LO 0 and correct to the best of my knowledge and belief. 00 a aP,00 L /CR +r X J4 cn : W a 382 9 : o E Si ••0 ease J ONA L L At40 �C1 cC Paul B. Groves - on behalf of King Surveyors Q Colorado Licensed Professional Land Surveyor #38209 KING SURVEYORS 650 East Garden Drive Windsor, Colorado 80550 (970) 686-5011 U:\20170864\DESCRIPTIONS\20170g64 ROW.doc Page I or 2 RIGHT - OF - WAY EXHIBIT EXHIBIT A SE 1 / 4 , SEC . 28 , T. 6N . , R . 68W . PAGE 2 OF 2 ' o100 50 0 100 � I 1 ' = 100 ' I Q L 1_ POINT OF BEGINNING I E 1 /4 COR. I SEC. 28, T.6N . , R . 68W. LINE TABLE 80' PUBLIC LINE BEARING LENGTH RIGHT-OF-WAY 56,359 ry L1 S00'07'44"W 80. 06 1 .294 acres 1 L2 N02026' 16"E 80. 00' I INTERSTATE i. o LAND HOLDINGS N REc 201110059231 0 ' O � 3 W c NOTE : This exhibit drawing is not intended to be a v O I Ira monumented land survey. Its sole purpose is as a r7 . V graphic representation to aid in the visualization of n I the written property description which it as 0 0) accompanies. The written property description (n supersedes the exhibit drawing . _ 7RACI'B 3 BARM7ORM v I 2ADADDFHOjV p NOTICE : According to Colorado law you must commence any legal action based upon any defect I I in this survey within three years after you first 0 discover such defect . In no event may any action ^ � ) CL L based upon any defect in this survey be commenced more than ten years from the date of Z n; ' Q the certification shown hereon . ( 13- 80 - 105 C . R.S. w `%q N 2012) m 3 o `v 0000 a En N ' Q Q n �+ 07 " z ) 1 L2 W + I Np00 L /C N - 0 �" 13 Y 38,209 e ¢91 61 a Q s QD /O ••• ••• • 5 Z 04L LAN0 CENTER 1 /4 COR . Paul B. Groves — On Behalf Of King Surveyors SEC. 28, T. 6N . , Colorado Licensed Professional 7R. 68W. Land Surveyor #38209 KING SURVEYORS PROJECT NO : 20170864 650 E. Garden Drive I Windsor, Colorado 80550 DATE : 4/5 /2019CLIEN phone: (970) 686-501 1 1 fax : (970) 686-5821 SON STEWART DWG : T :T : SANDER SANDER ROW email : contact@KingSurveyors.com DRAWN : DRS CHECKED : PBG 14 Agenda Item 14 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Jim McDonald , Cultural Services Director Jody Hurst, Legal SUBJECT Resolution 2019-068 Approving Fort Fund Grant Disbursements . EXECUTIVE SUMMARY The purpose of this item is to approve Fort Fund grants from the Cultural Development and Programming and Tourism Programming Accounts for the selected community events , based upon the recommendations of the Cultural Resources Board . STAFF RECOMMENDATION Staff recommends adoption of the Resolution . BACKGROUND / DISCUSSION The Fort Fund grant program , established in 1989 , disburses lodging tax revenues deposited in the City's Cultural Development and Programming Account and the Tourism Programming Account in accordance with the provisions of Section 25-244 of the City Code , where 25% of the revenue from the lodging tax fund is applied to the Cultural Development and Programming Account and 5% of revenue from lodging tax is dedicated to the Tourism Programming Account. Local non -profit organizations may apply to Fort Fund for cultural and/or tourism event support . The Cultural Resources Board is authorized to review grant applications based on approved guidelines and make recommendations for Fort Fund disbursements to City Council , pursuant to Section 2-203 (2) of the City Code . Fort Fund grants support arts and cultural events that enrich the creative vitality of the community, promote local heritage and diversity, provide opportunities for arts and cultural participation , help promote Fort Collins as a cultural center and tourist destination , have wide appeal for a significant part of the community, and promote the health and well-being of all residents and visitors . April 2019 Funding Session At its April 25 , 2019 , funding session , the Cultural Resources Board reviewed 19 Project Support applications with total requests equaling $ 199 , 000 . 17 applications were found eligible and recommended for funding for $ 140 , 000 . The following table summarizes the project support requests , available funds and grant award amounts : Grant Requests Available Funds Grant Awards $ 199 , 000 $ 140 , 000 $ 140 , 000 The Cultural Resources Board reviewed nine Organizational Support applications with total requests equaling $360 , 000 . Nine applications were found eligible and recommended for funding for $224 , 840 . Item # 14 Page 1 Packet Pg , 194 14 Agenda Item 14 The following table summarizes the organizational support requests , available funds and grant award amounts : Grant Requests Available Funds Grant Awards $360 , 000 $2255000 $224 , 840 The Cultural Resources Board scored each application using the funding criteria outlined in the Fort Fund Guidelines and discussed the applications at its April 25 , 2019 meeting . The Board discussion is outlined in the draft minutes (Attachment 1 ) . The Board is recommending disbursement of $364 , 840 to the eligible applicants as outlined in Exhibit A to the Resolution . CITY FINANCIAL IMPACTS The Fort Fund grant program , established in 1989 , disburses lodging tax revenues deposited in the City's Cultural Development and Programming Account and Tourism Programming Account in accordance with the provisions of Section 25-244 of the City Code . This Resolution would distribute $364 , 840 from the Cultural Development and Programming Account and Tourism Programming Account to local non- profit organizations . Each grantee organization must provide funds to match the grant amount. These funds were budgeted and appropriated in the 2019 budget . Lodging tax is collected pursuant to Section 25-242 of the City Code . BOARD / COMMISSION RECOMMENDATION The Cultural Resources Board is presenting these recommendations to City Council for programs and organizations to receive funding at the recommended grant amounts from the Cultural Development and Programming Account and Tourism Programming Account. Exhibit A to Resolution 2019-067 presents the allocations recommended by the Cultural Resources Board to the City Council for Project Support and Organizational Support funding . ATTACHMENTS 1 . Cultural Resources Board minutes , April 25 , 2019 (draft) (PDF ) Item # 14 Page 2 Packet Pg . 195 ATTACHMENT 1 14 . 1 MINUTES Fort Collins BoatCITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions Cultural Resources Board FUNDING SESSION Thursday , April 25 , 2019 — 5 : 00 p . m . Lincoln Center, Columbine Room T 0 1 . ALL TO ORDER : 5 : 00 P . M . N L 2 , ROLL CALL a • Board Members Present - Mr . Will Flowers , Ms . Jane Folsom , Ms . Lili Francuz , U. Ms . Tedi Cox , Ms . Jennifer Zidon , Ms . Vicki Fogel Mykles , Mr. Jesse Solomon o • Board Members Absent - None um • Staff Members Present - Mr. Jim McDonald , Ms . Liz Irvine , Ms . Jaime Jones 0 0 3 . AGENDA REVIEW L 4 . CITIZEN PARTICIPATION CD 5 . APPROVAL OF MINUTES N • Consideration and approval of the minutes from March 28 , 2019 . Ms . Vicki Fogel Mykles N made a motion to accept the minutes as amended . Ms . Jenifer Zidon seconded the L motion . The motion passed unanimously . Q 6 . NEW BUSINESS • Mr . Jim McDonald gave a report on the FoCo Creates Arts and Culture Master Plan to City Council at their Work Session on April 23rd . Mr . Jim McDonald advised the Board that the Plan will be reviewed by City Council on 5/21 / 19 for adoption . o • Project Support — Discussion and Funding Recommendations . The Board reviewed 19 applications . The Board recommended funding to 17 organizations for a total of $ 140 , 000 . Ms . Jane Folsom made a motion to accept the funding recommendations . o Ms . Lili Francuz seconded the motion . The motion passed unanimously . The recommendations are listed below . L Y U c a> E c� ca a 04 / 25 / 2019 - MINUTES Packet Pg . 196 14. 1 MINUTES Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS � Commissions Cultural Resources Board FUNDING SESSION Thursday , April 25 , 2019 - 5 : 00 p . m . Lincoln Center, Columbine Room 0) Project Support Recommended Funding C4 CULTURAL PERCENT OF FUNDING DEVELOPMENT & TOURISM UNFUNDED REQUEST_ APPLICANT PROPOSED EVENT/DATE REQUESTS PROGRAMMING PROGRAMMING BALANCE FUNDED CL Art Wear Biennial/Lincoln Center Gallery 19th Annual AnWear Biennial < October 18 - 26, 2019 $75000 $0 $5,224 $ 15776 75% _ 'Arts Reach Center, Inc. Storybook Theater Programming ** Event not recommended for a grant due to low score. June 2019 - August 2019 $55000 $0 $0 $55000 0% LL Centennial Children's Chorus 2019 - 2020 Season O $ 15,000 $ 105536 $0 $45464 70% LL ACT Human Rights Film Festival ACT Human Rights Film Festival TOM Colorado State University April 2020 $ 15,000 $0 $11 ,853 $3 , 147 79% Tom Dance Express Dance Beyond the Limits Season 0 2019 - 2020 $ 11 ,000 $8,209 $0 $2 ,791 75% "Feeding Our Community Ourselves, Inc. Bikes, Brews and Blockbusters ** Event not recommended for a grant due to low score. August 18, 2019 $55000 $0 $0 $57000 0% 2 Foothills Pops Band 2019 - 2020 Season $5 ,000 $3,512 $0 $ 1 ,488 70% 0) Fort Collins Community Ventures Foroberfest p Downtown Business Association September 21 , 2019 $ 10,000 $0 $6,585 $3 ,415 66% N Fort Collins Wind Symphony 2019 - 2020 Season $55000 $3,512 $0 $ 15488 70% CV Friends of The Gardens on Spring Creek Garden of Lights i December 13 - 29, 2019 $ 15,000 $0 $ 10 ,536 $45464 1 70% Q Front Range Chamber Players 2019 - 2020 Season $ 11 ,000 $7,727 $0 $3 ,273 70% IMPACT Dance Company 25th Anniversary Season +' 7 $ 15,000 $ 11 , 195 $0 $3 ,805 75% a International Keyboard Odyssiad/Festival IKOF Festival E July 29, 2019 - August 2, 2019 $ 15,000 $0 $ 11 ,853 $35147 79% ma New Horizons Band of Northern Colorado 2019 - 2020 Season L $8 ,000 $5,971 $0 $25029 75% O Poudre Landmarks Foundation , Inc. 2019 - 2020 Season m $ 15,000 $0 $11 , 195 $3 ,805 75% y Fort Collins Book Festival 2019: Food For Thought October 18 - 19, 2019 i Poudre River Public Library District $ 12,000 $0 $9,483 $25517 79% C Fort Collins Comic Con Fort Collins Comic Con N Poudre River Public Library District August 17 - 18, 2019 $ 10,000 $0 $7,463 $25537 75% Project Youth and Chamber Music (PYCH) Summerfest 2019 dba Off the Hook Arts June 17, 2019 - July 12, 2019 $ 15,000 $ 11 ,853 $0 $35147 79% L Six Degrees Dance Collaborative Les Voyage Dans La Lune Performance M July 10 - 13, 2019 - $5 ,000 - .......$3,293--_ __---$0-____ _- $ 1 ,707 66% TotaFr undimg Requested by Applicants i $1999000 i I () Total Funding Recommended for disbursement by CuRB $65,808 $74, 192 Total Unfunded Balance ---- - $59 000 ! _ --- --�------ ---------------- -----1-----70%---- /o d of Requested Amounts Fundedv_________ .----------------------------------------------__�______-----�---------____ -- ---L_____-. �_______________ Scores are based on application materials and Fort Fund's "Criteria for Funding" ** Event not recommended for a grant due to low score. V f� a • Organizational Support - Discussion and Funding Recommendations . The Board reviewed 9 applications . The Board recommended funding to 9 organizations for a total of $224 , 840 . Ms . Tedi Cox made a motion to accept the funding recommendations . Ms . Lili Francuz seconded the motion . The motion passed unanimously . The recommendations are listed below . 04 / 25 / 2019 - MINUTES Page 2 Packet Pg . 197 14. 1 MINUTES Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS � Commissions Cultural Resources Board FUNDING SESSION Thursday , April 25 , 2019 — 5 : 00 p . m . Lincoln Center, Columbine Room 0) Organizational Support Recommended Funding CULTURAL PERCENT OF N FUNDING DEVELOPMENT & TOURISM UNFUNDED REQUEST 'L APPLICANT PROPOSED EVENT/DATE REQUESTS PROGRAMMING PROGRAMMING BALANCE FUNDED C Bas Bleu Theatre Company 2019 - 2020 season $40,000 $26 ,280 $0 $ 135720 66% Mal Canyon Concert Ballet 40th Anniversary season 7 2019 - 2020 $40,000 $24 ,820 $0 $ 155180 62% LL Fort Collins Museum of Discovery 2019 - 2020 Programming m $40,000 $26 ,280 $0 $ 13,720 66% LL Fort Collins Symphony Association A Platinum 70th season 2019 - 2020 $40,000 $245820 $0 $ 15, 180 1 62% � Larimer Choral Society 2019 - 2020 season O $40,000 $245820 $0 $ 15, 180 62% 00 Museum of Art I Fort Collins 2019 - 2020 Exhibitions & Educational Programs $40,000 $24 ,820 $0 $ 15, 180 62% Open Stage Theatre & Company, Inc. 2019 - 2020 Season L $40,000 $24 ,820 $0 $ 15, 180 62% Opera Fort Collins season 40 2019 - 2020 $40,000 $235360 $0 1 $ 16,640 1 58% N The Center for Fine Art Photography 2019 - 2020 Programming - ---- - ---- --- - - --- --- - - ---- --- - ---- - $40,000 $24 ,820 $0 $ 15, 180 62% N----------------------------- ---------- --------------- -------------- ---, 180 ----------- Total Funding Requested by Applicants 1 $3609000 Total Funding Recommended for disbursement by CuRB $2249840 $0 i Q Total Unfunded Balance I _ 1 $135 160 i Q of Requested Amountsded _ _ q _ Fun_ Scores are based on application materials and Fort Fund's "Criteria for Funding" 7 C E L O m 7 . BOARD MEMBER REPORTS ( EVENT ATTENDANCE , ETC . ) • Ms . Lili Francuz and Ms . Vicki Fogel Mykles both attended the CSU ACT Human Rights Film Festival . • Mr. Jesse Soloman attended the Poudre Heritage Alliance ' s Poudre Pour and the W Sustainable Living Association ' s Earth Day Fort Collins . • Ms . Vicki Fogel Mykles attended the Northern Colorado Intertribal Powwow and Indian Art Market . L) a� 8 . OTHER BUSINESS E 9 . ADJOURNMENT : 6 : 53 p . m . Q Respectfully submitted , Liz Irvine Business Support III 04 / 25 / 2019 — MINUTES Page 3 Packet Pg . 198 RESOLUTION 2019-068 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING FORT FUND GRANT DISBURSEMENTS WHEREAS , providers of lodging accommodations in the City are required by Section 25 -250 of the City Code to pay three percent of all revenues derived from such lodging accommodations to the City as a lodging tax; and WHEREAS , pursuant to Section 25 -244 of the City Code, twenty-five percent of those revenues are reserved for cultural development and programming, and seventy-five percent of all revenues received by the City from lodging tax are reserved for promotion of convention and visitor activities; and WHEREAS , the Cultural Development and Programming Account was established for the purpose of funding cultural development and programming activities, and the Tourism Programming Account was established for the purpose of funding tourist-related special events ; and WHEREAS , the City disburses funds from the Cultural Development and Programming Account and Tourism Programming Account in accordance with Sections 2-203 and 25 -244 of the City Code through its Fort Fund Program; and WHEREAS , the City' s Cultural Resources Board reviews applications from the community for Fort Fund monies and makes recommendations to the City Council in accordance with Section 2-203 (2) of the City Code, and in accordance with the administrative guidelines for the Fort Fund program (the "Fort Fund Guidelines") ; and WHEREAS, at its regular meeting on April 25 , 2019, the Cultural Resources Board recommended funding for various proposals based on the criteria and considerations set forth in the Fort Fund Guidelines ; and WHEREAS , the use of lodging tax revenues will provide a public benefit to the Fort Collins community by supporting cultural development and public programming activities within the City that promote the use of public accommodations within the City; and WHEREAS, the City Council wishes to approve Fort Fund grant disbursements as set forth in Exhibit "A," attached hereto and incorporated by this reference . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. - 1 - Packet Pg . 199 Section 2 . That the City Council hereby finds that the distribution of funds through the Fort Fund program as set forth on Exhibit "A" serves a public purpose that benefits the community. Section 3 . That funds in the total amount of TWO HUNDRED TWENTY-FOUR THOUSAND EIGHT HUNDRED FORTY DOLLARS ($224, 840) from the City's Cultural Development and Programming Account and SEVENTY-FOUR THOUSAND ONE HUNDRED NINETY-TWO DOLLARS ($74, 192) from the City' s Tourism Programming Account are hereby approved for distribution as set forth in Exhibit "A" . Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of June, A.D. 2019 . Mayor Pro Tern ATTEST : City Clerk -2 - Packet Pg . 200 Sity of FORT FUND GRANT PROGRAM EXHIBIT A Fort Collins April 2019 Project Support Approved Funding CULTURAL PERCENTi FUNDING DEVELOPMENT & TOURISM UNFUNDED REQUEST APPLICANT PROPOSED EVENT/DATE REQUESTS PROGRAMMING PROGRAMMING BALANCE FUNDED Art Wear Biennial/Lincoln Center Gallery 19th Annual ArtWear Biennial October 18 - 26 , 2019 $7 , 000 $0 $5 , 224 $ 1 , 776 75% O **Arts Reach Center, Inc. Storybook Theater Programming W ** Event not recommended for a grant due to low score . June 2019 - August 2019 $5 , 000 $0 $0 $5 , 000 0% Centennial Children 's Chorus 2019 - 2020 Season r' $ 15 , 000 $ 10 , 536 $0 $4 , 464 70% N ACT Human Rights Film Festival ACT Human Rights Film Festival Q Colorado State University April 2020 $ 15 , 000 $0 $ 115853 $ 3 , 147 79% Q Dance Express Dance Beyond the Limits Season c 2019 - 2020 $ 11 , 000 $8 , 209 $0 $25791 75% um **Feeding Our Community Ourselves , Inc . Bikes, Brews and Blockbusters = ** Event not recommended for a grant due to low score . August 18, 2019 $5 , 000 $0 $0 $5 , 000 0% u_ cm Foothills Pops Band 2019 - 2020 Season TOM $5 , 000 $3 , 512 $0 $ 15488 70% 000 Fort Collins Community Ventures Fortoberfest a Downtown Business Association September 21 , 2019 $ 10 , 000 $0 $6 , 585 $35415 66% Fort Collins Wind Symphony 2019 - 2020 Season $5 , 000 $3 , 512 $0 $ 15488 70% w Friends of The Gardens on Spring Creek Garden of Lights December 13 - 291 2019 $ 15 , 000 $0 $ 105536 $4 , 464 70% Front Range Chamber Players 2019 - 2020 Season $ 11 , 000 $7 , 727 $0 $35273 70% 2 IMPACT Dance Company 25th Anniversary Season Q $ 15 , 000 $ 11 , 195 $0 $3 , 805 75% International Keyboard Odyssiad/Festival IKOF Festival July 29, 2019 - August 2, 2019 $ 15 , 000 $0 $ 115853 $ 3 , 147 79% New Horizons Band of Northern Colorado 2019 - 2020 Season $8 , 000 $5 , 971 $0 $25029 75% Poudre Landmarks Foundation , Inc . 2019 - 2020 Season $ 15 , 000 $0 $ 115195 $3 , 805 75% Packet Pg . 201 CULTURAL PERCENT OF FUNDING DEVELOPMENT & TOURISM UNFUNDED REQUEST APPLICANT PROPOSED EVENT/DATE REQUESTS PROGRAMMING PROGRAMMING BALANCE FUNDED Fort Collins Book Festival 2019 : Food For Thought October 18 - 19 , 2019 Poudre River Public Library District $ 12 , 000 $0 $9 ,483 $2 , 517 79% Fort Collins Comic Con Fort Collins Comic Con Poudre River Public Library District August 17 - 18 , 2019 $ 103000 $0 $7 ,463 $23537 75% Project Youth and Chamber Music ( PYCH ) Summerfest 2019 dba Off the Hook Arts June 17 , 2019 - July 12 , 2019 $ 153000 $ 113853 $0 $33147 79% Six Degrees Dance Collaborative Les Voyage Dans La Lune Performance July 10 - 13 , 2019 _$5 , 000_ $3 , 293 _ _ $0 $ 1 , 707 66% _ Total Funding Requested by Applicants I $ 1995000 1 1 1 �1 y Total Funding Recommended for disbursement by CuRB 1 1 $ 667808 1 $74J 92 1 1 Total Unfunded Balance I _ _ _ I 1 _ _ _ _ 1 $ 6% 000 1 _ _ c) % of Requested Amounts Funded 70% r-- - --------------- r-- -t---------- ------ ._._._._._._._._._._._._._._._._._._._._._._._._._._._._ 0 0 ._._._._._._._ ._._._._._._ _._._._._. Scores are based on application materials and Fort Fund's "Criteria for Funding" L ** Event not recommended for a grant due to low score . CL Q c LL t O LL N TOM O Q L K W N E t U W r Q Packet Pg . 202 CULTURAL PERCENT OF FUNDING DEVELOPMENT & TOURISM UNFUNDED REQUEST APPLICANT PROPOSED EVENT/DATE REQUESTS PROGRAMMING PROGRAMMING BALANCE FUNDED Organizational Support Approved Funding CULTURAL PERCENTi FUNDING DEVELOPMENT & TOURISM UNFUNDED REQUEST APPLICANT PROPOSED EVENT/DATE REQUESTS PROGRAMMING PROGRAMMING BALANCE FUNDED Bas Bleu Theatre Company 2019 - 2020 Season $40 , 000 $26 , 280 $0 $ 137720 66% Canyon Concert Ballet 40th Anniversary Season 0 2019 - 2020 $403000 $243820 $0 $ 15 , 180 62% w Fort Collins Museum of Discovery 2019 - 2020 Programming $40 , 000 $26 , 280 $0 $ 13 , 720 66% c Fort Collins Symphony Association A Platinum 70th Season N 2019 - 2020 $403000 $243820 $0 $ 15 , 180 62% Q Larimer Choral Society 2019 - 2020 Season Q $403000 $243820 $0 $ 15 , 180 62% ma Museum of Art I Fort Collins 2019 - 2020 Exhibitions & Educational Programs um $403000 $243820 $0 $ 15 , 180 62% = OpenStage Theatre & Company, Inc . 2019 - 2020 Season u_ $403000 $243820 $0 $ 15 , 180 62% N TOM Opera Fort Collins Season 40 0 2019 - 2020 $403000 $233360 $0 $ 16 , 640 58% The Center for Fine Art Photography 2019 - 2020 Programming a $403000 $24 , 820 $0 $ 15 , 180 62% Total Funding Requested by Applicants �o $ 360 , 000 1 I I �0 x Total Funding Recommended for disbursement by CuRB $224, 840 $0 w Total Unfunded Balance I I i 1 $ 1365160 1 OF of Requested Amounts Funded __ - - -� �- - - - - - -,r�- - - - - - - - - - -�0 �— Scores are based on application materials and Fort Fund's "Criteria for Funding " U Q Packet Pg . 203 15 Agenda Item 15 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Michelle Provaznik , Director, Gardens on Spring Creek Jody Hurst, Legal SUBJECT Resolution 2019-069 Naming the Gardens on Spring Creek Pavilion in Honor of the Everitt Family. EXECUTIVE SUMMARY The purpose of this item is to approve proposed donor recognition for the Pavilion at the Gardens on Spring Creek. The Friends of the Gardens Board of Directors and Gardens staff have raised $375 , 000 towards completion of the Pavilion and five acres of new gardens and would like to name the pavilion in honor of Bob and Joyce Everitt. STAFF RECOMMENDATION Staff recommends adoption of the Resolution . BACKGROUND / DISCUSSION The Gardens on Spring Creek is located at 2145 Centre Avenue in midtown Fort Collins . An element of the Master Plan completion of five acres of new gardens includes a new pavilion . As part of the fundraising campaign for the project, Gardens staff and the Friends of the Gardens Board of Directors raised $375 , 000 from the community towards naming the pavilion in honor of Bob and Joyce Everitt . The size of this donation makes it eligible for City Council to consider naming a key element of the project in accordance with the wishes of the donors . Gardens staff met with the Friends of the Gardens Board and Everitt family to review several donor recognition options . The preferred naming option selected was " Everitt Pavilion" . The recognition plaque is proposed to be located on the south-facing wall of the stage . Constructed of zinc , the plaque will match all other plaques located throughout The Gardens . The plaque will also include the names of donors who contributed to the project. A final design for the plaque has not been determined . City Code Section 23- 141 provides rules related to naming of City facilities as follows : " In the event a significant financial donation has been made for the acquisition , construction or improvement of a property or facility, the property or facility or a portion thereof may be named either for the donor or in consideration of the wishes of the donor, which name may be that of a person living or deceased . Donations shall be for no less than seventy-five (75) percent of the total value or cost of the property or facility or portion thereof to be named . If such a donation is received from an individual , family or entity, the City Council will give significant weight to a naming or recognition request from the donor but will consider such a request in light of other policy or practical priorities and concerns and the public interest in general . In some instances , the naming of a portion of a property or facility or a specific feature of the property or facility for a donor may be an appropriate alternative to naming the entire property or facility. " Item # 15 Page 1 Packet Pg . 204 15 Agenda Item 15 The cost of the pavilion in The Gardens expansion is $500 , 000 . Total project cost is $2 . 8 million . Illustrative renderings of the donor recognition are attached . CITY FINANCIAL IMPACTS No City financial impacts . The $375 , 000 has been received in full . ATTACHMENTS 1 . Gardens Naming and Recognition ( PDF ) Item # 15 Page 2 Packet Pg . 205 ATTACHMENT 1 15 . 1 THE GARDENS ON SPRING CREEK jSb THE GARDENS DONOR NAMING & RECOGNITION ON SPRING CREEK � ccyof . � CIT �0 Fort Collins SPRING 2019 O NO G ! . L . R O NO r 1 • .•ice~ 1 '�• . .MONO NO NO NO W ICU N Nor I L 1 { ON; ti _ LIN r 1 4y f % NOW 0 ONNO , . _. d NO � � 1L 4+ IN IN NO V1 7 4NO , NO L ' : � w.f� , f. .. NO 11NO i• ..l NO L 0 NO y r . . � r � h * R O i ' 7 '• 0. i }_. ..� N00 00 NO NO �j i NO1 * - - --NO NO NO 1 .yam ' i' NONO NO J lim 0. +lY r . r :�� % - - ' - O C1 1L i• . _ l J• � I INN NO IN NO NO PP •YI f %6k 9 ON NO i' i y 1 r. M NO ` ' k+ INNO NO ON NO .1111 ON. #i' Cu { • NO Z L _ } ON. NO ON r _ ON NOt ONOL L INN �T \ 4 NO JNO IS IL , ` 4 —. L #_ k NNO 4 rpm c NO NO IIILv ; ; NNO NO NO Packet Pg . 206 15 . 1 THE GARDENS ON SPRING CREEK In 2004 , the Gardens on Spring Creek officially opened its doors with the mission to enrich the = lives of people and foster environmental stewardship through horticulture . Since then , The Gardens o has been growing in every way - in visitations, educational programs , acres of gardens developed , a, community garden programs created , and overall community impact . c°� a� C r { �•. } YN ;'R ate . `. ,,! ., cL ,� ♦� jigCU 1. c' Q • r a. Id f k a'� h If •.. N , - as L THE GREAT LAWN , THE UNDAUNTED THE VISITOR' S CENTER N GARDEN , FOOTHILLS GARDENS o Y) Passionate and committed non - profit The expanded Gardens on Spring partners , The Friends of the Gardens, Creek Visitor 's Center will contain the led our Phase 1 garden expansion . Conservatory Butterfly House, meeting It was made possible through $ 2 million room , observation tower, new entryway c 00 dollars of community- based philanthropic with gift shop, a cafe, and office space . support . An additional $ 800, 000 These additions will double the Gardens' o was generously provided by the City square footage. c a� of Fort Collins . O m c The $ 3M Visitor ' s Center capital investment has been funded through $ 800K of community philanthropy and $ 2M awarded by Fort Collins' voters through a 10 -year quarter- cent tax renewal E dedicated to community improvements passed in April 2015 . M z The Gardens on Spring Creek has been the beneficiary of generous, committed and sustaining philanthropy. And , in return , The Gardens has identified the enclosed opportunities to publicly �a recognize and celebrate their generosity to our mission . c m E Respectfully presented , � is Nina Bodenhamer Jim McDonald Michelle Provaznik Q Director, City Give Director, Cultural Services Executive Director, The Gardens on Spring Creek, Cultural Services . . .. . .. . .. . . . . . . .. . .. . .. . .. . .. . . . . . . . . . .. . . . . . . . . . . . . . . . .. . .. . .. . .. . .. . .. ... .. . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . .. ... ... ... .. . .. . .. . .. . . . . . . .. . .. . .. . .. . .. . . . . . . .. . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . THE GARDENS City of t 60 _Klu ON SPRING CREEK Fort Collins PAGE 1 Packet Pg . 207 15 . 1 CITY OF FORT COLLINS AND PHILANTHROPIC NAMING & RECOGNITION Currently, City of Fort Collins Ordinance No . Revised naming and acknowledgment c 134 , 201 provides the only guidance for the guidelines, approved by Council and 0 philanthropic naming of City facilities . It sets implemented by leadership, will guide the o a financial threshold : "the donation should strategic and consistent recognition of future a� be no less than seventy-five percent (75%) of philanthropic donors, and will : the value of the property, facility, feature or c Identify the values and vision for the role 0 portion thereof to be named. " However, it does 0 (and boundaries) of philanthropic naming not provide guidance as to consistent scope, for the City of Fort Collins . ca equitable practices nor successful distinctions +00 N between intent described by Code and Provide potential donors with equitable, ae practices defined by policy. consistent, and appropriate recognition for i their generous support, leading to lasting V 0) Fall 2019, City Give - the City' s pioneering and mutually beneficial relationships with L initiative to orchestrate and coordinate the City. Cn philanthropic relationships - will provide City Link future naming opportunities securely o leadership and Council with recommendations to the City's values, reputation , and U) for a matured enterprise -wide approach to brand promise . ?3 philanthropic naming and recognition . (a A robust naming and recognition policy will help ensure gifts with associated o recognition are managed in a consistent 00 manner, and according to established City o ph Code and enforced by Administrative policy. m The enclosed respectively offers : ^k s, �I ►j A) One item for Council consideration of (a philanthropic naming , and , z B) A portfolio of the diverse range of MCI donor acknowledgment throughout .. O The Gardens on Spring Creek . 1 � A 7L -- . : . - -- -- . _ ..n..... . � � ^. — . . . . . . A .. . . . _ .. ... ... ... ... ... .. . .. . .. . .. . . . . . . .. . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . THE GARDENS City of t ON SPRING CREEK Fort Collins PAGE 2 Packet Pg . 208 15 . 1 THE EVERITT PAVILION FOR COUNCIL CONSIDERATION 0 _ The Gardens on Spring Creek staff, The o Friends of the Gardens , and dedicated i community volunteers raised $ 375, 000 o through community charitable gifts in order c 0 to name the stage in honor of Bob and Joyce a� Everitt . The value of this collaborative gift CU meets the City's eligibility for consideration N of a naming award . A recognition plaque will i be placed on south -facing wall of the stage . v Constructed of zinc, the plaque will match the other plaques located throughout The a Gardens, and will include the names of those n donors who generously contributed to the ° A stage and pavilion in honor of the Everitts . L cC ti THE EVE1� ITT 00 PAVILION MADE POSSIBLE THROUGH THE GENEROSITY OF c ' - z c ,.y 0 4 L V V E + (Q Q . . .. . .. . .. . . . . . . .. . .. . .. . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . .. . .. . .. . .. ... .. . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . .. ... ... ... .. . .. ... ...... ... ........... ... ... ... ... ... .. ... ... ... ... ... ... .. ... ... ... ... ... ... .. ... ... ... ... ... .. . .. . .. . .. ... ... ... .. . .. . .. . .. . . THE GARDENS City of t 60 _Klu ON SPRING CREEK Fort Collins PAGE 3 Packet Pg . 209 15. 1 t LETTER FROM DAVID EVERITT April 8 2019 ~ w � , o y , 0 Mayor Troxell and City Council Members, i ,�t' \, T� • O On behalf of the Everitt Family, I would like to p° express our support and gratitude to the CityCU of Fort Collins for recognizing our parents, - •,,r z� Cn 40 Bob and Joyce Everitt, at the Gardens on Spring Creek through the naming of the Everitt , Pavilion and a bronze sculpture . { . c Our parents have always had a deep love of ; r'; Cn Fort Collins . The Everitt Pavilion and Sculpture ' o at The Gardens honors their passion for the ; U) community, nature, the arts and culture . The A �•A� . community effort to honor them in this way has been extraordinary. Our family is deeply • " humbled by the generosity of the many r. . W o 00 community supporters who share our parents vision for Fort Collins . o Thank you for honoring their legacy. The o Everitt Pavilion and Sculpture represent the best of Fort Collins - a collaborative community coming together to honor the past while . , ., ti celebrating our vibrant future. - �• � c lip ,� <n Sincerely, •� � „ 4� � �" � � 'off, � !Y� ..7.:.cam. _7 ••� _ � David Everitt City of 60 � THE GARDENS Fort Collins PAGE 4 ON SPRING CREEK Packet Pg . 210 15 . 1 DONOR RECOGNITION The scope of donor recognition is I _ broad and can take many forms , shapes and physical presentations . �4 � o It begins with a genuine thank you — for every gift large and L small — and may scale into lasting , l' ° 0 physical acknowledgments for donor generosity. - � Ca Cn The award of naming rights denotes a donor ' s name is embedded within the name of the feature or facility. �L Le . Canvas Stadium . However, Cn many philanthropic gifts warrant 0 public recognition even if formal U) " naming " doesn ' t take place . Such recognition is an opportunity to f° publicly celebrate donors and their o generosity to our organization . CD MANY FACTORS INFLUENCE `` _` y �` " r � o THE FINAL DECISION FOR 17711 RECOGNITION , INCLUDING : ✓— Does the recognition adhere to the �/— City of Fort Collins sign, brand and E '�— identity standards? z Does the recognition reflect the ';ya--� � �' ,�. MCI 0000 mission and design intent of facility, feature and/or physical space . ��j Is the acknowledgment proportionate to the gift? a 0, Are there costs to maintain, install , W and/or update the recognition? ' _ �. . . .. . .. . .. ... ... ... ... .. ... ... ... .. . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . .. . . . . . . .. . .. . .. . .. . . . . . . . . . .. . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . .. ... ... ... .. . .. . .. . .. . .. ... .. . .. . .. . .. . .. . . . . . . .. . .. . .. . .. . .. . . . . . . .. . .. . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . THE GARDENS City of t 60 _Klu ON SPRING CREEK Fort Collins PAGE 5 Packet Pg . 211 15 . 1 GARDENS ON SPRING CREEK PORTFOLIO OF DONOR RECOGNITION The Great Lawn , The Gardens on Spring Creek In honor of Bohemian Foundation & Woodward , Inc . _. A Philanthropic Gift of $ 1 , 000, 000 0 0 a� o . . 0 CU AV Cl) •-� , ' � 1 1 ' �e Q ! 4 \ •� ` • . . �� ' . / 1 I _ • - .» I w t r mil, V) vamps • . . . i _ .. . w+ .y,am-.. wad-r'� .i li►• r• __to _ - i U' ANDS%► '¢ " O 00 r. a1 O 'n c THE ADDITIONAL GREAT LAWN WORDING f° z OPTIONS IN GRATEFUL RECOGNITION I OF DOHEMIAN FOUNDATION GENEROUSLY SUPPORTED BY & WOODWARD, INC. �? _ MADE POSSIBLE BY THE GENEROUS � � 0 SUPPORT OF Q . . .. . .. . .. . . . . . . .. . .. . .. . .. . .. . . . . . . . . . .. . . . . . . . .. . .. ... ... ..... . .. . .. . .. ... .. . .................................. ... .................................. ... . . . .. . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . .. . . . . . . .. . .. . .. . .. . . . . . 60 /�, THE GARDENS Fort Collins PAG E 6 ON SPRING CREEK Packet Pg . 212 15 . 1 UNDAUNTED GARDEN In recognition of Utilities/Water Wise Conservation , A Gift of $ 150, 000 0 ai 0 UNDAUNTED L GARDEN = 0 IN PARTNERSHIPCU 0 WITH CITY OF FORT Cn COLLINS UTILITIES a a� _ N _ 0 N _ a� L cC CAFE GROVE o 0 00 In honor of Bob Everitt and Rotary, Community Dollars $100, 000 0 0 m _ �a _ E CAFE GROVE `° Z IN HONOR OF BOB EVERITT AND ROTARY CLUB OF FORT COLLINS E -t` � Q . . .. . .. . .. . . . . . . .. . .. . .. . .. . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . .. . .. . .. . .. ... ... ....................................................................... ... . . . .. . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . . . . . . . . . . . THE GARDENS trios 60 ON SPRING CREEK1 t`�I� PAGE Packet Pg . 213 15. 1 HERB GARDEN Made Possible by UC Health , A Gift of $100, 000 o p = 0 D ° J V A 0 HERE3 GARDEN 0 GENEROUSLY SUPPORTED BY UCHEALTH CL o _ a� L BRIDGE 0 Go Odell Brewing Company, Gift of $ 50, 000 c 0 m L&V _ IN GRATEFUL RECOGNITION OF `4 z OPELL BREWING COMPANY u .. .. ... ... ... ... ... ... .. ... ... ... ... ... .. . .. . .. . .. ... ... ... ... .. ... ... ... ... ... .. . .. . .. . .. ... ... ... .. . .. . .. . .. ... ... ... .. . .. . .. . .. ... ... ... ... .. ... ... ... ... ... .. . .. . .. . .. ... ... ... ... .. ... ... ... ... ... ... .. ... ... ... ... ................. ... ........... . .. . . -off TIL THE GARDENS cty of rt 40 -,KIU ON SPRING CREEKFo 1tCO��InS PAGE 8 Packet Pg . 214 15 . 1 MADE POSSIBLE BY COMMUNITY GIVING = $ 55000 - $ 505000 In addition to large architectural tributes, Judith Aranow o donors are recognized in various ways Associates in Family Medicine throughout The Gardens expansion including Bank of Colorado c plaques in gardens and on pergolas, bike John and Nina Bodenhamer o racks, benches , and more . These opportunities 0 Boettcher Foundation a) for recognition allow The Gardens to public 0 celebrate gifts and acknowledge the role Rhys Christensen N charitable giving plays in supporting the Francis Clark City's mission . Community Foundation of Northern Colorado Diane Crews °1 A list of generous community donors — L Dellenbach Motors including individuals and business, foundations v, and family funds — with gifts ranging from Dohn Construction o $ 5 , 000 to $ 40, 000 . Bob and Joyce Everitt a� Gates Family Foundation l / 17 ) J / T. ardenia Leo Cindy Gormley 0 A Life that � ' ► � � � ' Griffin Foundation c Touches A 1 n c ' John and Connie Hanrahan 00 Others , Goes /� y dn-ia On Forever Gwen Hatchette O Don and Jan Jorgensen E a� Larry and Pat Kendall 0 h III mcnioi • y of Kluver- Moore Foundation ' v Aileen � � • c . Bill and Chris Kneeland = C! is N4 " If a � . , < > > , ► ' The Markley Family Foundation ' n One of the ' ` V The Morgan Family Book C; ltih es . Bab � z 118 Jean Muirhead New Belgium Brewing Company L The Nicol Family Foundation wen Michael t � , �. S Dan and Michelle Provaznik Stefanski Rei „ 1; . Rotary Clubs of Fort Collins � 20, 014 14 a p Wayne and Phyllis Schrader � Always irk A n n 1 Francoise Smith Q Our Hearts We 1 , Don and May Wilkins Charitable Trust THE GARDENS City of t do -120 ON SPRING CREEK Fort Collins PAGE 9 Packet Pg . 215 15. 1 0 ai O W W • ' L % • O 0 ca Cl) 0 rtr ^1 -i..!� � :�'+ � •yam _ O _ N L _ ca 0 O 00 • O _w M +� �= O ' V N� N _ _E Capital gifts have ranged in amount but, regard - And , hundreds of other donors, supporters and Z less of size, are equally valuable to the total volunteers, not included here, have supported contribution of community giving . Forty (40 ) The Gardens expansion through ongoing giving sculpted butterflies designed by local artist, Ren campaigns such as Colorado Gives Day, Annual Ca C9 Burke, were underwritten by donors at $1 , 000 Campaigns and other gifts . each and will be on display in Visitor ' s Center. m E To date, 160 donors contributed gifts of $ 250 each toward the Garden Friends Pathway, a Q bricked exit from the expanded Visitor 's Center. . . .. . .. . .. . . . . . . .. . .. . .. . .. . .. . . . . . . . . . .. . . . . . . . . . . . . . . . .. . .. . .. . .. . .. . .. ... .. . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . .. ... ... ... .. . .. . .. . .. . . . . . . .. . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . THE GARDENS City of t 60 _Klu ON SPRING CREEK �F�tfl PAGE 10 Packet Pg . 216 RESOLUTION 2019-069 OF THE COUNCIL OF THE CITY OF FORT COLLINS NAMING THE GARDENS ON SPRING CREEK PAVILION IN HONOR OF THE EVERITT FAMILY WHEREAS, on November 1 , 20111 City Council adopted Ordinance No . 134, 2011 , amending Chapter 23 , Article V of the City Code to add new provisions regarding the naming of City properties and facilities ; and WHEREAS , on September 1 , 2015 , City Council adopted Ordinance No . 090, 20155 which repealed and re-adopted those provisions in Section 23 - 141 and authorized the City Manager to establish administrative rules and procedures for the consideration and recommendation to City Council of names for City-owned or -operated properties or facilities ; and WHEREAS, Section 23 - 141 provides that only in the event that a significant financial donation has been made for its acquisition, construction or improvement may a property or facility, or a portion thereof, be named either for the donor or in consideration of the wishes of the donor; and WHEREAS , to be considered significant the donation must be for at least seventy-five percent of the total value or cost of the property or facility or portion thereof to be named; and WHEREAS, Section 23 - 141 also provides that City Council will give significant weight to a naming or recognition request from the donor, but will consider such a request in light of other policy or practical priorities and concerns to the public interest; and WHEREAS, the City is making additions to the Gardens on Spring Creek in midtown Fort Collins ("the Project") ; and WHEREAS , as part of the Project, a pavilion is being constructed at a cost of $ 500, 000 ; and WHEREAS, the Friends of the Gardens, a local non-profit with the mission of cultivating a world-class botanic garden through fundraising and advocacy, has helped to raise $375 ,000 toward the construction of the pavilion; and WHEREAS , the Friends of the Gardens raised the $375 ,000 to honor Bob and Joyce Everitt, who have made numerous philanthropic, community, and business contributions to Fort Collins ; and WHEREAS, City Council finds that in considering all policy and practical priorities, it is appropriate to name the Project' s pavilion "Everitt Pavilion" in accordance with the wishes of the Friends of the Gardens and the Everitt family. - 1 - Packet Pg . 217 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 directs that the Project' s pavilion be designated "Everitt Pavilion. " Section 3 . That the City may modify or remove the approved name in the future in the event the City Council determines such modification or removal to be appropriate in light of changed circumstances or other matters of public interest or convenience. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of June, A.D . 2019 . Mayor Pro Tern ATTEST : City Clerk -2 - Packet Pg . 218 16 Agenda Item 16 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Ellen Martin , Visual Arts Administrator Jody Hurst, Legal SUBJECT Resolution 2019-070 Accepting a Proposed Donation of a Sculpture to be Placed at the Gardens on Spring Creek . EXECUTIVE SUMMARY The purpose of this item is to accept the donation of a bronze sculpture of Bob and Joyce Everitt that was created for the Garden on Spring Creek . STAFF RECOMMENDATION Staff recommends adoption of the Resolution . BACKGROUND / DISCUSSION The Art in Public Places Guidelines state that all works of art with a value over $ 10 , 000 donated to the City of Fort Collins that are to be placed in a public area , must be reviewed by the APP Board . Once reviewed , the Board makes a recommendation as to whether the City Council should accept the work of art on behalf of the City. In February 2016 , Fort Collins lost a philanthropist, visionary and community builder, Bob Everitt. The Friends of the Gardens along with community donors raised the funds to honor Bob Everitt and his wife , Joyce , with a bronze sculpture created by Colorado sculptor George Lundeen . The life-sized bronze sculpture depicting Bob and Joyce Everitt will be placed sitting on a bench in the Great Lawn area near the pavilion . The Gardens on Spring Creek is located at 2145 Centre Avenue in midtown Fort Collins . Colorado artist George Lundeen in nationally recognized for his bronze sculptures . Mr. Lundeen is a member of the National Academy of Design and the National Sculpture Society and has work in collections nationally from California to New Hampshire and internationally from Germany to China . This donation includes installing and maintaining the artwork . CITY FINANCIAL IMPACTS This item does not impact the City's general fund account. The sculpture is valued at $200 , 000 . BOARD / COMMISSION RECOMMENDATION This Memorial Art Donation was reviewed and recommended for City Council approval by the APP Board at the Board 's August 15 , 2018 , meeting . Item # 16 Page 1 Packet Pg . 219 16 Agenda Item 16 PUBLIC OUTREACH The APP Program will promote the gift of art to the City of Fort Collins . ATTACHMENTS 1 . Written Description and Images of Proposed Art Donation (PDF ) 2 . Art in Public Places Board Minutes , August 15 , 2018 ( PDF ) Item # 16 Page 2 Packet Pg . 220 ATTACHMENT 1 16 . 1 WNW, - U ,r City of Fort Collins ► ( Art in Public Places Bob and Joyce Everitt v Memorial Art Donation 00. > owe Clay model a N O O In February 2016 , the city of Fort Collins lost a philanthropist , visionary, and community builder, Bob Everitt , The Friends of the Gardens , along with o community donors , raised funds to honor Bob Everitt and his wife , Joyce , with a a bronze sculpture created by Colorado sculptor George Lundeen . A life - sized bronze sculpture depicting Bob and Joyce Everitt will be placed sitting on a Q bench in the Great Lawn near the pavilion at the Gardens of Spring Creek . The a. Gardens on Spring Creek is located at 2145 Centre Avenue in midtown Fort o Collins . U) Terraced Amphitheater Backdrop Plant,, �Iogp �cno _u :. 6a.p H Food Truck_ E r o JO k. if =l l 1 ( n The Great Lawn is a two acre garden featuring a one - half acre lawn with a stage surrounded by beautiful and educational themed gardens . Packet Pg . 221 16 . 1 George Lundeen In the mid - 1970s , artist George Lundeen established his sculpting studio in Loveland , Colorado, where he continues to live and work . He has been commissioned to sculpt portraits and interpretive works alike for universities , municipalities , foundations, and corporations . Mr. Lundeen is a member of the National Academy of Design and the National Sculpture Society and has work in collections nationally from California to New Hampshire and internationally from Germany to China . O E d The Everitt Memorial Sculpture .y �. > a, `•� ,� : � , 00 : � � N Creating the clay model in the studio . 'a ' — �` �� . E L � Q v i 1 q IN L' The cast bronze statue before the patina has been applied to the surface . Packet Pg . 222 ATTACHMENT 2 16 .2 MINUTES For Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions Art in Public Places REGULAR MEETING August 15 , 20185 3 : 30 pm Lincoln Center Founder' s Room L 1 . CALL TO ORDER E 3 : 39pm 2 . ROLL CALL w • Board Members Present — Gwen Hatchette , Carol Ann Hixon , Sabrina Davies , a. Kirsten Savage Q • Board Members Absent — Miriam Chase , Renee Sherman , Michael Short N • Staff Members Present — Ellen Martin , Liz Good CD • Guests — Amelia Caruso , Jennifer Ivanovic 00 T 3 . AGENDA REVIEW N T Y 4 . CITIZEN PARTICIPATION ; 5 . APPROVAL OF MINUTES a Ms . Hixon moved to approve the minutes with a correction Ms . Davies Seconded Unanimously approved 0 6 , BUSINESS , PRESENTATION , OR DISCUSSION : m a� U M A) TRANSFORMER CABINET MURAL REVIEW a Artists Amelia Caruso and Jennifer Ivanovic presented their designs . Ms . Martin presented work by Larry Tucci , Gale Whitman , and Tyler Boedik a Ms . Hatchette Moved to approve the mural designs presented today Ms . Hixon seconded Qon Unanimously approved . B ) MEMORIAL ART DONATION PRESENTATION Ms . Martin recapped the information from the last meeting and reviewed the Q requirements for approval . Ms Martin outlined the differences between an art donation and a memorial donation . The first step is determining if the memorial for an event or person meets the requirement . The board evaluated the merit of the memorial . The overall score was above the required average and the donation was accepted . The Board would like to visit the site and discuss the placement and signage . 8 / 15 / 2018 — MINUTES Page 1 Packet Pg . 223 16.2 MINUTES Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS �� Commissions Art in Public Places REGULAR MEETING Ms . Davies moved to approve the memorial as presented with the caveat to visit the Gardens to review the location and signage Ms . Hixon seconded Unanimously approved . 0 C ) APP WORKSESSION & UPDATE Ms . Martin presented information related to the Work Session . The group discussed Ms . Savage ' s proposed letter to City Council on behalf of the Board . The Board W suggested sharing this information more in depth either in personal communications a with Council or public comments at a future Council Meeting . Ms . Martin shared Q information about status of APP Utilities funds and projects . Ms . Martin shared new opportunities from the community for public art that could be examples of projects CD that could be funded by Broadband . 00 T Ms . Hixon moved to accept the letter as amended this evening N L Ms . Hatchette secondedCn r Unanimously approved . 7. STAFF REPORT a Ms . Martin gave an overview and the report will be emailed to the board 8 . OTHER BUSINESS Ms . Savage mentioned a contact she made at the Americans for the Arts conference m° about bike tours of public art . M 9 . ADJOURNMENT a M 5 : 41 pm a c a Respectfully submitted , on ziZad/od` " a 8 / 15 / 2018 — MINUTES Page 2 Packet Pg . 224 RESOLUTION 2019-070 OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPTING A PROPOSED DONATION OF A SCULPTURE TO BE PLACED AT THE GARDENS ON SPRING CREEK WHEREAS, the Friends of the Gardens, a local non-profit with the mission of cultivating a world-class botanic garden through fundraising and advocacy, has helped to raise $200 ,000 to commission a sculpture to honor Bob and Joyce Everitt, who have made numerous philanthropic, community, and business contributions to Fort Collins ; and WHEREAS , the sculpture will be created by Colorado sculptor George Lundeen, who is nationally recognized for his bronze sculptures, is a member of the National Academy of Design and the National Sculpture Society, and has work in collections across the US and internationally from Germany to China; and WHEREAS, the proposed sculpture would be a life-sized bronze sculpture depicting Bob and Joyce Everitt, sitting on a bench in the Great Lawn of the Gardens on Spring Creek; and WHEREAS , the value of the donation is estimated at $200,000 ; and WHEREAS , the donation includes funding for installation and future maintenance of the artwork; and WHEREAS, Section 23 -309 of the City Code states that works of art with a value of $300 or more donated to the City and placed in a public area may be accepted only with approval of the Art in Public Places Board ("the APP Board"), and all such works with a value of $ 10,000 or more may be accepted only with approval of the City Council, upon review of the proposed donation and the recommendation of the APP Board; and WHEREAS , at its regular meeting on August 15 , 2018 , the APP Board evaluated the proposed donation of the artwork based on the City' s Art in Public Places Guidelines and recommended that the City Council accept the donation; and WHEREAS , the City Council has determined that acceptance of this donation on behalf of the City meets the principal goals of the Art in Public Places program pursuant to Section 23 - 301 of the City Code. 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 accepts the proposed donation of the sculpture created by artist George Lundeen as described herein. - 1 - Packet Pg . 225 Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of June, A.D. 2019 . Mayor Pro Tem ATTEST : City Clerk -2 - Packet Pg . 226 17 Agenda Item 17 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Sue Beck- Ferkiss , Social Policy and Housing Program Manager Ingrid Decker, Legal SUBJECT Resolution 2019-071 Authorizing the Assignment of the City's Private Activity Bond Allocation for 2019 to Housing Catalyst to Finance the New Construction of Affordable Housing Units . EXECUTIVE SUMMARY The purpose of this item is to support the new construction of an affordable housing development , to be located at 140 East Oak Street, by assigning the City's 2019 Private Activity Bond allocation . STAFF RECOMMENDATION Staff recommends adoption of the Resolution . BACKGROUND / DISCUSSION The State of Colorado Private Activity Bond ( PAB ) allocation program is established by the Colorado Private Activity Bond Ceiling Allocation Act, Colorado Revised Statutes Section 24-32- 1707 , et seq . , (the Allocation Act) . PABs are tax-exempt bonds that can be issued by eligible authorities . The proceeds of the sale of the bonds may be used for specific purposes as determined by the Internal Revenue Service . Permitted purposes include , but are not limited to , affordable housing development and rehabilitation . Historically, PAB financing has also been used by the City for economic and industrial development purposes . In 2019 , the total amount available statewide is $598 , 034 . 220 . Fifty percent of the state ceiling is allocated directly to statewide authorities and the other half is allocated directly to local governments based on population size . The City has been notified that , pursuant to Section 24-32- 1706 of the Allocation Act, its allocation of the state ceiling for 2019 is $8 , 773 , 643 . ( Attachment 1 ) This is merely the authority to take on debt and is not an allocation of funding . The City will not incur debt by assigning this allocation and this will not affect the City's credit rating . If a local government does not issue bonds or assign the bond cap to an eligible entity for a local project or projects by September 15 annually, the City allocation automatically reverts to the state' s pool of available bond capacity. The Colorado Housing and Finance Authority (CHFA) offers a 4% Low Income Tax Credit Program which is a financing mechanism for the development and rehabilitation of affordable housing . CHFA requires these types of financing deals to include private activity bonds . Historically, Fort Collins has assigned its annual allocation on a first come , first served basis . From 2009 through 2012 , the Fort Collins allocation was not used locally and therefore reverted to the state 's pool of available bond capacity. In 2013 , 2014 , 2015 and 2017 the City assigned its full allocation to the Fort Collins Housing Authority, now Housing Catalyst ( HC ) , for the rehabilitation of affordable rental housing units . In 2016 , the PAB was assigned to CHFA for the benefit of two local affordable housing projects . As of 2018 , the City implemented an application process for requesting the City's allocation of PAB . The guidelines are set forth in the City's General Financial Policies . Applications are due annually by March 15 . In Item # 17 Page 1 Packet Pg . 227 17 Agenda Item 17 2018 , the City received two applications for the City's allocation of PAB ; one was from CHFA for DMA Plaza and one was from HC for future affordable housing development. The City provided PAB capacity to both projects . This year the City only received one application for a qualifying affordable housing project . ( Attachment 2 ) This application was submitted by HC for the full $8 , 773 , 643 to begin accumulation of the PAB capacity needed to fund a new development in partnership with the Fort Collins Downtown Development Authority to be located at 140 East Oak Street . (Attachment 3 ) . This is the site of the former Downtown Elks Club . The property will be 66 affordable rental homes for households with incomes ranging from 0-80% area median income . The City's PAB committee made up of staff representatives from Social Sustainability, Economic Health and the Finance department recommends assigning the entire 2019 allocation to HC for the new construction of affordable housing . New construction of affordable rental units is a permissible and beneficial use of the City's 2019 allocation and support the outcomes sought by the City's Affordable Housing Strategic Plan . HC has authority to issue bonds so the City will not be the issuer. For HC to use the City's allocation of PAB capacity, City Council must adopt a resolution assigning the 2019 PAB allocation to HC for the qualifying project stated in HC' s application . Additionally, the use of the City' s allocation is evidence of local support for this affordable housing project , which helps leverage other funding sources and is required for CHFA's 4% Low Income Tax Credit Program . CITY FINANCIAL IMPACTS The Private Activity Bonds will be issued by HC and will not be obligations of the City of Fort Collins . The debt service on the bonds will be repaid from revenue generated by the housing development and does not constitute a debt of the City. This action will not affect the City's credit rating . The construction of 66 units will require goods and labor which will benefit the local economy. BOARD / COMMISSION RECOMMENDATION The Affordable Housing Board supports granting HC ' s request and recommends that City Council adopt a resolution assigning the City' s 2019 PAB Allocation to HC . (Attachment 4) PUBLIC OUTREACH The Affordable Housing Board heard this matter at their May meeting which was open to the public. The process to seek PAB capacity is detailed on the Social Sustainability Department's web page and the guidelines are set forth in the City's General Financial Policies . ATTACHMENTS 1 . 2019 Direct Allocations ( PDF ) 2 . Housing Catalyst's Request for 2019 PAB Allocation ( PDF ) 3 . Project Location Map ( PDF ) 4 . Affordable Housing Board minutes , May 2 , 2019 (draft) (PDF ) Item # 17 Page 2 Packet Pg . 228 ATTACHMENT 1 17. 1 2019 COLORADO Colorado Private Activity Bond • Department of Local Affairs Direct Allocations Statewide Pop. PAB Cap Available 5,695,564 $59850345220.00 Local Issuers Population PAB Cap Local Issuers Population PAB Cap Denver County 715 , 530 $37 , 565,325 La Plata County 56 , 398 $2 , 960 , 895 Colorado Springs 473 ,648 $24 ,866,520 Pueblo County 555756 $25927 , 190 Aurora* 364 ,674 $ 19 , 145 ,385 Parker 55 , 610 $2 , 919 , 525 Douglas County 219 , 961 $ 11 , 547 ,953 Eagle County 55 ,427 $2 , 9091918 Jefferson County 209 , 005 $ 10 , 972 , 763 Fremont County 48 , 186 $2 , 529 , 765 El Paso County 207 ,284 $ 10 ,8829410 Littleton* 47 , 588 $2 ,4989370 Fort Collins 167 , 117 $8 , 773 ,643 Brighton* 39 , 947 $2 , 0979218 E Lakewood 156 ,596 $8 ,221 ,290 Northglenn* 38 , 694 $2 , 0311435 Weld County 147 , 305 $7 , 733 , 513 Englewood 34 , 763 $ 1 , 825 , 058 (n Arapahoe County 137 ,871 $7 ,238 ,228 Wheat Ridge 31 , 766 $ 1 , 667 , 715 Q Thornton* 137 ,302 $7 ,208 , 355 Delta County 31 , 006 $ 196279815 00 Arvada* 119 , 136 $6 ,254 , 640 Summit County 30 , 983 $ 1 ,626 ,608 m Adams County 115 , 598 $6 , 068 , 895 Fountain 30 , 169 $ 1 , 5839873 Westminster* 112 , 874 $5 , 925 , 885 Lafayette 28 , 939 $ 1 ,519 ,298 Pueblo , City of 112 , 542 $5 , 908 ,455 Morgan County 28 ,468 $ 1 ,494 , 570 +�- Centennial 111 , 863 $5 , 872 , 808 Montezuma County 26 ,439 $ 173887048 v Q Boulder, City of 108 ,472 $5 , 694 , 780 Windsor 26 , 319 $ 1 , 3819748 m Greeley 106 ,416 $5 , 586 , 840 Elbert County 25 , 952 $ 173627480 Larimer County 96 , 537 $5 , 068 , 193 Routt County 259530 $ 153405325 •L Longmont* 94 , 191 $4 , 945 , 028 Teller County 24 , 970 $ 1 , 3101925 d Mesa County 87 , 890 $4 , 614 ,225 Erie* 23 , 940 $ 1 , 256 , 850 Loveland 77 , 872 $4 , 088 ,280 Montrose County 22 , 675 $ 1 , 190 ,438 N Broomfield 69 , 123 $3 , 628 , 958 Logan County 22 , 200 $ 1 , 1659500 • • Grand Junction 66 , 137 $3 ,472 , 193 Louisville 21 ,450 $ 1 , 126 , 125 Castle Rock 63 , 635 $393409838 Evans 21 , 269 $ 191169623 0) r` Boulder County 62 ,4521 $3 ,278 , 730 Golden 21 , 1 36 $ 1 , 109 , 640 Garfield County 59 , 9951 $3 , 149 , 738 Chaffee County 19 , 8981 $ 1 , 044 , 645 Commerce City 56 , 6411 $2 , 973 , 653 Montrose 197673 $ 170327833 10 Total Local Issuers : $28290729957.00 U v 4,457,667 915, 151 0 Q Population PAB Cap Minimum 19 , 048 $ 190009000 Total Local Issuers : 51372 , 818 28270727957 47% * denotes multi-county place 8 Statewide Authorities : a) TOM CHFA $2899017, 110 .00 48% C N CADA $ 10 , 000 , 000 2% Total Authorities $29990179110 = Statewide Balance 322 , 746 $1699449153 3% v <a TOTAL PAB 5 , 695 , 564 $59890349220 100% Q 5,695,564 $598,034,220 TRUE TRUE Page I of l Packet Pg . 229 17.2 :a HOUSING . AUM6 CATALYST Building Community. Inspiring Change. March 6 , 2019 a� E a� Jacqueline Kozak-Thiel Q i Chief Sustainability Officer = City of Fort Collins m ' P . O . Box 580 Fort Collins , CO 80522 Q a� RE : Request for assignment of 2019 Private Activity Bonding Authority i TOM o� Dear Ms . Kozak-Thiel : N co TOM Housing Catalyst requests assignment from the City of Fort Collins' 2019 Private Activity Bond ( PAB ) cap for the purpose of affordable housing development . As o the primary developer and operator of affordable housing in Northern Colorado, 0 Housing Catalyst intends to utilize this authorization to develop new affordable Q rental homes within the City of Fort Collins . m Q TOM a o� As a quasi -governmental entity formed under the state housing statute, Housing N Catalyst will be the direct issuer of bonds utilizing the PAB allocation . Therefore, w the City of Fort Collins will not be required to provide assistance , nor incur any costs associated with the utilization of the authorized PAB cap . Cr W N Housing Catalyst contact information for this request : Housing Catalyst L), 1715 W . Mountain Ave . y Fort Collins, CO 80521 = Principal Contact : Julie Brewen , CEO Phone : 970-416- 2910 E ibrewen@housingcatalyst . com Q HousingC . . 1715 W. Mountain Ave. Fort Collins, CO 805211 P: 970-416-29101 F: 970-221 -0821 Packet Pg . 230 17.2 Amount of Allocation Requested : $ 81773 , 643 Bond Counsel Firm : Gilmore & Bell , P . C . 15 West South Temple 0) Suite 250 Q Salt Lake City, LIT 84101 = Principal Contact : Ryan Warburton m° Phone : 801 -258- 2726 rarburton@gilmorebell . com Q a� Description of Applicant' s Local Projects : See Exhibit I TOM oM Number of Years' Entity has been doing business in State of Colorado : 48 years N TOM �o o� Certificate of Good Standing : Housing Catalyst was originally formed as the Housing Authority of the City of Fort Collins in 1971 0 M under state statute . As a result, this legal entity c does not maintain a corporate filing with the Q Colorado Secretary of State office and therefore is Q not required to maintain a Certificate of GoodTOM oa, Standing under that entity . N L W Description of Assets to be Purchased or Constructed : a m Housing Catalyst is requesting this allocation to begin accumulation of the PAB cap needed to fund a new development in partnership with the Fort �a Collins Downtown Development Authority . The property will be v affordable rental homes for individuals/families with incomes ranging from 0-80% Area Median Income (AM ] ) . Location of the project will be 140 E . Oak Street and is currently projected to consist of 66 total units . _ a� The project will be completed using 4% Low Income Housing Tax Credits and Private Activity Bonds . Current estimates indicate a total of approximately $ 12 million in PAB' s will be required for the project . To Q Packet Pg . 231 17.2 accomplish this total Housing Catalyst will dedicate $ 2 , 971 , 753 in PAB cap which it has accumulated in prior years from various sources . Additional PAB cap may be required to complete the project . If so, Housing Catalyst intends to work with other allocating entities to reach the level required . ci .y N Q Once the PAB cap is allocated to Housing Catalyst, it can be carried over or = maintained for 3 years to allow for its utilization in an approved project . m° Explanation of how project aligns with City objectives : Q a� Housing Catalyst is the primary affordable housing provider, developer a and operator in the City of Fort Collins in addition to being the designated TOM public housing authority for the area . All projects of Housing Catalyst align N with the objectives outlined in the City of Fort Collins 2015 -2019TOM o� Affordable Housing Strategic Plan . O Number of Housing Units and Target Demographics : c Q The proposed property to be developed with this allocated PAB cap is Q anticipated to include 66 affordable rental homes . Target populations will TOM be individuals and/or families with income ranging from 0-80% of AMI . N L O W Statement from Bond Counsel of Project Eligibility : See Exhibit II a m N If additional information is required please contact me . �a �a Sincerely, v .y 7 O Ju a Brew CE Q Packet Pg . 232 17 .2 dHOUSING J. CATALYST Building Community. Inspiring Change. O E ANAL a1 .y N Q C O m r. V TOM S �L a rn 0 N T ti Exhibit 1 C 0 O a m Q a Local ProjectsTOM 0 N i O d Cr d d' N ca U c .y 7 O 2 O E v cv a 1715 W. Mountain Ave. Fort Collins, CO 80521 I P: 970-416-2910 I F: 970-221-0821 Packet Pg . 233 17.2 � r HOUSING 0 CATALYST Building Community. Inspiring Change. _ Housing Catalyst ® is the largest affordable housing developer and property management company in Fort Collins . c Established in 1971, Housing Catalyst owns over 1, 000 affordable homes and provides services for over 4,000 0) people. We are a model for high standards in asset and property management; and we create vibrant, Q sustainable communities, incorporating green building design into all of our ventures . 0 Housing Catalyst has received numerous awards for its project designs, innovations, environmental sustainability, m accountability and financial reporting. The organization is led by a robust executive management team with •5 extensive experience in real estate acquisition, development and management, along with strong financial administration and management . Q m In the last two years alone, Housing Catalyst has used housing tax credits to help us serve over 1, 200 people in Z 'i our community through the following developments : TOM a oM 0 N Village on Shields ( 2017-18) TOM • ( 285 ) 1, 2 & 3 bedroom apartments/ townhomes o� • $ 64 million renovation ~ • 4% LIHTC, RAD proceeds, State tax credits, CDBG, HOME , Owner loan = 0 • $ 22 million LIHTC investment Y • $ 17 . 5 LIHTC, $8 . 5 RAD proceeds, $35 million Private Activity Bonds 0 Q Village on Horsetooth (2017-18) Q • (96) 1, 2 & 3 bedroom apartments/ townhomes a • New construction planned late 2016—early 2017 TOM CD • 4% LIHTC, State tax credits, CDBG- DR, RAD proceeds, $ 19. 19 million Private Activity Bonds N L O W Village on Redwood (2017) N • ( 72 ) 1, 2 & 3 bedroom apartments/ townhomes Cr • $ 19 . 4 million new construction • 4% LIHTC, State tax credits, RAID proceeds y • $ 6. 7 LIHTC, $ 3 . 3 State Tax Credits, $ 1. 7 RAD proceeds, $ 12 million Private Activity Bonds 7E Redtail Ponds Permanent Supportive Housing (2015 ) U • ( 60) 1 & 2 bedroom apartments a� $ 12 . 5 million new construction = .y • 9% LIHTC 0 $ 8 . 0 million LIHTC investment = _ a� Village on Plum (2015 ) E • ( 95 ) 1, 2 & 3 bedroom apartments • $ 16. 1 million renovation Q • 4% LIHTC Rehab • $5 . 3 LIHTC investment, $8. 75 million Private Activity Bonds Packet Pg . 234 17 .2 OW ME fir' HOUSING � J■ CATALYST Building Community. Inspiring Change. O E a1 N O m t) Q d i �L (L M TM N T Exhibit II 0 O a m Q a Letter — Bond CounselTOM 0 N i O d Cr d ix N ca tU 0) c .y 7 O 2 O E v M a Housin . . . 1715 W. Mountain Ave. Fort Collins, CO 80521 P: 970-416-2910 F: 970-221 -0821 Packet Pg . 235 17.2 GILMOkEBELL 15 West South Temple, Suite 1450 Salt Lake City, Utah 84101-1531 (801) 364-5080 / (801) 364-SO32 FAX / gilmorebell.com N E _ 01 March 11 , 2019 y Q 0 m Jacqueline Kozak-Thiel Chief Sustainability Officer City of Fort Collins Q P.O. Box 580 Fort Collins, CO 80522 > 'i TOM a Re: Housing Catalyst request for assignment of 2019 Private Activity Bonding Authority from the City of Fort Collins Dear Ms. Kozak-Thiel : o ti We serve as bond counsel to Housing Catalyst. You will receive this letter as part of a 0 Ip package requesting an assignment from the City of Fort Collins of its 2019 Private Activity Bondcc (PAB) cap to Housing Catalyst, Housing Catalyst intends to use the PAB authority to issue ° multifamily housing revenue bonds to finance in part the acquisition and/or rehabilitation of one Q or more multifamily housing apartment developments within the City of Fort Collins. The m Q proposed bonds can be validly issued by Housing Catalyst under Part 2 of Article 4 of Title 29 of the Colorado Revised Statutes, as amended and Article 56, Title 11 , Colorado Revised Statutes, as N amended. Further, such bonds will be classified as private activity bonds issued as exempt facility c bonds for qualified residential rental projects under Section 142(a)(7) of the Internal Revenue Code N of 1986, as amended, and consequently will require an allocation of volume cap . a m Should you have any questions with respect to this financing please feel free to contact us N at any time. Very truly you, v .y 7 Gilmore & Bell, P.C . _ cc: Julie Brewen, CEO Q Packet Pg . 236 140 E Oak St ATTACHMENT 3 17. 3 Fort Collins, CO 80524 _ � r � . •i K. ! . F ' • ' . }' ' ' ' WEMountain -Ave E Mountain Ave * eR�r+infv: M. r f .f J .r x f r . to Ep No in ~ • No I or VE sloomis _ g. n r �I I ! f .• 5 Y�' i Ol M ' y s i L+ olith for—• %rT. • y7 to . .. i f y"'~ � , ?F � IN. &N. _. . IPIT 71 4L gm •may - r� a 3I ■ R m 87 No A . III oor a) No Or '•�• I } a ,•y�y•II Iq a No IF r r• r 11 � * olo, Ii ' qTo 'a' ., . . R a IN r - y�;,y '' r oor Oa SHE t OakJSt. al y * :w: Y�. Q. CC al IN . V NITS C To All oft or ooc n07, r : .I:'I ! P kk'1■J1 4 AT KIM Ell ar.3 i r :. l A r -� rQ' i1Sri y� 1'+IL r _ _ — ~ ;i .per our RUN CITY OF FORT COLLINS City of I I GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS Parcel Site � ` C011inc. These map products and allunaerl data are developed for use by the city of Fort Collins fords mlemsl purposes mty, and were not designed or intended for general use by members of the public The Citymekeenorsprmumbroonor rrantly as to the monarchy timeliness or completeness and in particular,accuracy in labeling or preparing dimensions common, property boundaries or Haver ent of lchurch of any map fedures thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANN FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED,WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA Any used of then map products,map appliradmns or dab,accepts them AS IS WITH ALL FAULTS, and assumes all responsibility of the use thereof,and further covenants and agrees to hold the ON numbers hem and hall all damage has,or liabigrameng M1om any use of this map product in con aeration of the CINs having Feet P rl foaimme e e maepeademviear fabrication s amamea Far nmabeomameaby anry ere of Nose produce or underlying data The Ih and shall t liable far any and all damage, loss or 0 150 300 600 fas ty whether ared indirect ormnsequental,which arises or may ariseM1m these map products or Meuse therprof Packet Pg . 237 ATTACHMENT 4 17 .4 MINUTES Fort Collins Boards 8, CITY OF FORT COLLINS • BOARDS AND COMMISSIONS commissions AFFORDABLE HOUSING BOARD REGULAR MEETING E 6 , PRESENTATIONS AND DISCUSSIONS A. Private Activity Bond—Sue Beck - Ferkiss , Social Sustainability, Consider request to assign 2019 capacity o m Request from Housing Catalyst for our Private Activity Bonds ( PAB ) . Every year, the state gives us bond capacity—not actually funding but capacity . The Housing Catalyst request is for a mixed - use project with 66 affordable units . It will be in the former Elks location Q downtown in conjunction with Downtown Development Authority . They will require $ 12 million in PAB , which is more than this year' s capacity . Our allocation this year is almost $ 9 i million and Housing Catalyst is asking for the entire amount to be assigned to them . a. Housing Catalyst does have the authority to issue bonds , so they will issue their own . The o PAB committee ( staffed by Social Sustainability Department , Economic Health Office , and N TOM Finance ) supports this request . ti Comments/Q&A : L • Sue : Would you like to make a recommendation to City Council about this request a) o Jen : No one else requested ? N o Sue : Not this year. Until 2017 it was first-come first-served , but that was when N there was excess state capacity . There is now a March 15 deadline for requests . o Diane : Why did we decide on a March 15 deadline ? a o Sue : If you don ' t act to issue the bonds yourself or assign them to someone by September 15 , they get reverted back to the state , and we wanted to give E ourselves enough time . 0 m Diane made a motion to support the assignment of the City' s full 2019 Private Activity a, Bond capacity to Housing Catalyst pursuant to their request to be used for the new o construction of affordable housing . Catherine seconded . Passed unanimously 5 -0 -0 . _ a� Ca L 0 a U f� a� Q 5 /2 / 2019 - MINUTES Packet Pg . 238 RESOLUTION 2019-071 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ASSIGNMENT OF THE CITY ' S PRIVATE ACTIVITY BOND ALLOCATION FOR 2019 TO HOUSING CATALYST TO FINANCE THE NEW CONSTRUCTION OF AFFORDABLE HOUSING UNITS WHEREAS, the City of Fort Collins is authorized and empowered under the laws of the State of Colorado (the "State") to issue revenue bonds for purposes including the financing of multi-family rental housing projects for low- and moderate-income persons and families; and WHEREAS , the Internal Revenue Code of 1986, as amended (the "Code"), restricts the amount of tax-exempt bonds ("Private Activity Bonds" or "PAB") which may be issued in the State (the "State Ceiling") ; and WHEREAS , pursuant to the Code, the Colorado General Assembly adopted the Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado Revised Statutes (the "Allocation Act"), providing for the allocation of the State Ceiling among various State and local governmental units, and further providing for the assignment of such allocations from such governmental units to any entity or person with the authority to issue bonds ; and WHEREAS, pursuant to an allocation under Section 24 -32- 1706 of the Allocation Act, the City has received a direct allocation of the 2019 State Ceiling for the issuance of Private Activity Bonds in the aggregate principal amount of $ 8 , 773 ,643 (the "2019 Allocation") ; and WHEREAS , if the City does not issue bonds or assign its annual allocation to another entity by September 15 of each year, its allocation is relinquished to the statewide balance ; and WHEREAS , the City received only one application for the 2019 Allocation, from Housing Catalyst ("HC") ; and WHEREAS , the City' s PAB Committee reviewed the application and recommends assigning the 2019 Allocation to HC, pursuant to Section 24-32- 1706 of the Allocation Act; and WHEREAS , HC is accumulating the PAB allocation needed to fund a future affordable housing construction project in downtown Fort Collins on the site of the former Elks Club building (the "HC Project"), and the 2019 Allocation would be used for this purpose; and WHEREAS, HC has expressed its willingness to attempt to issue Revenue Bonds in an amount equal to or greater than the 2019 Allocation; and WHEREAS , the City Council finds that the 2019 Allocation can be utilized most efficiently by assigning it to HC to issue Private Activity Bonds for financing the HC Project, and that such assignment to HC will advance the City' s objective of increasing the availability of adequate affordable housing for low- and moderate-income persons and families within the City; - 1 - Packet Pg . 239 and WHEREAS, the Council wishes to assign the 2019 Allocation to HC, which assignment is to be evidenced by an Assignment of Allocation between the City and HC ; and WHEREAS , a draft of the proposed Assignment of Allocation is attached as Exhibit "A," and incorporated by reference . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2 . That the City Council hereby approves assignment to Housing Catalyst of the City' s 2019 Allocation for the HC Project as described herein is hereby approved. Section 3 . That the City Council hereby authorizes the Mayor to execute an Assignment of Allocation with Housing Catalyst in substantially the form attached as Exhibit "A," along with such other terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City or effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of June, A.D . 2019 . Mayor Pro Tern ATTEST : City Clerk -2 - Packet Pg . 240 DRAFT Assignment of Allocation 6 -4-2019 ASSIGNMENT OF ALLOCATION THIS ASSIGNMENT (the "Assignment") , dated , 2019 is between the City of Fort Collins, Colorado, a municipal corporation (the "Assignor"), and Housing Catalyst, a body corporate and politic (the "Assignee") . RECITALS A. The Assignee intends to finance the construction of 66 units of rental housing at a new affordable housing development, in partnership with the Fort Collins Downtown Development Authority, to be located at 140 E . Oak Street for households with incomes ranging w from 0-80% of area median income (the "Project".) The Project will be designed to qualify as a "project" within the meaning of Title 29 , Article 4, Part 2, Colorado Revised Statutes, as amended (the "Act"). E B . The Assignee intends to provide for the issuance of its Multifamily Housing Q Revenue Bonds (the "Proposed Bonds"), pursuant to the provisions of the Act for the purpose of = financing the Projects. m° C . The Assignee has requested that the Assignor assign to the Assignee all $ 8 , 773 ,643 of the Assignor' s 2019 allocation (the "Allocation") under the bond ceiling for the Q State of Colorado and its issuing authorities ("the State Ceiling") computed under Section 146(d) of the Internal Revenue Code of 1986 (the "Code") as provided for the Assignor as a "designated L local issuing authority" under part 17 of article 32 of title 24, Colorado Revised Statutes (the "Allocation Act"), for use in connection with the financing of the Projects . N ti D. Subject to the terms and conditions set forth herein, the Assignor desires to assign c to the Assignee, and the Assignee desires to accept, $8 ,773 ,643 of the Assignor' s 2019 allocation 00 from the State Ceiling. a ASSIGNMENT w In exchange for the agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows : a 1 . The Assignor hereby assigns and transfers to the Assignee the Assignor' s 2019 Allocation from the State Ceiling for private activity bonds in an amount equal to $ 8 ,773 ,643 . The Assignor and the Assignee understand that such assigned allocation shall automatically be relinquished to the "Statewide Balance" as defined under the Allocation Act unless (a) the Proposed Bonds are issued by the Assignee on or before September 15 , 2019, or (b) Section 24-32- 1706(3)(c), C .R. S . , applies . 2 . The Assignor represents that it has received no monetary consideration for the assignment set forth above. Packet Pg . 241 3 . The Assignee hereby: (a) accepts the assignment of $ 8 ,773 ,643 of the Assignor' s Allocation from the State Ceiling described above; (b) agrees to use its best efforts to issue and use the Proposed Bonds for the purpose of financing the Project; and (b) agrees to abide by each of the terms and conditions of this Assignment in connection with the use of such Allocation. ., O Cn LU 4. The Assignor hereby consents to the election by the Assignee, if the Assignee in its discretion so decides, to treat all or any portion of the assignment set forth herein as an allocation for a project with a carryforward purpose. c 5 . This Assignment shall not constitute a debt or indebtedness or financial obligation Q of the Assignor within the meaning of the constitution or statutes of the State of Colorado, nor = give rise to a pecuniary liability or charge against the general credit or taxing power of the m° Assignor. Q [The remainder of this page is intentionally left blank] L a c� 0 N ti N O O Q t K W rM d E C.1 a 2 Packet Pg . 242 DRAFT Assignment of Allocation 6 -4-2019 IN WITNESS WHEREOF, the Assignor and the Assignee have caused this instrument to be executed to be effective as of the date and year first written above. CITY OF FORT COLLINS , COLORADO, as Assignor [ SEAL] Wade O . Troxell, Mayor ATTEST : APPROVED AS TO FORM : O Cn w _ a� City Clerk Assistant City Attorney c (print name) (print name) Q HOUSING CATALYST, as Assignee m° By: Q [ SEAL] Its : L a o� ATTEST : o N ti By: N Its : O0 Q x w a� E a [ Signature Page to Assignment of Allocation] S - 1 Packet Pg . 243 18 Agenda Item 18 AGENDA ITEM SUMMARY June 4 , • City Council STAFF Erin Shanley, Broadband Marketing Manager Colman Keane , Broadband Director Cyril Vidergar, Legal SUBJECT Items Relating to the Shared Use of Regional Broadband Transport and Access Services . EXECUTIVE SUMMARY A. Resolution 2019-072 Authorizing the Execution of an Intergovernmental Agreement Between the City and the City of Loveland for the Shared Use of Regional Broadband Transport and Access Services . B . Resolution 2019-073 Authorizing the Execution of an Intergovernmental Agreement Between the City and the Town of Estes Park for the Shared Use of Regional Broadband Transport and Access Services . The purpose of this item is to consider two resolutions related to intergovernmental agreements authorizing the shared regional Broadband Transport and Access services with the City of Loveland and Town of Estes Park. STAFF RECOMMENDATION Staff recommends adoption of the Resolutions . BACKGROUND / DISCUSSION Regional Broadband Transport and Access Between 2015 and 2019 , the City, Loveland and Estes Park identified the community needs and benefits available by providing a reliable , cost-effective delivery of municipal broadband network services in and through each municipality. Some of the benefits identified were : • Cost sharing-to capitalize on volume discounts by which each city pays 1 /3 of the total shared system cost • Pro-rata shares of customers-the ability to leverage volume pricing for a more robust system Staff in Loveland and Estes Park worked with the Broadband Executive Director and Fort Collins Connexion staff to design facilities and communication bandwidth (Transport and Access) that meets the scope , budget, and service requirements for each municipal network . Based on updated requirements outlined by all three municipalities , the facilities and communication bandwidth are set to include : • Multiple transport facilities . • Capacity estimated for launch of voice , video and data services . • An increase or decrease in capacity (as needs change ) in order to meet customer demands . Item # 18 Page 1 Packet Pg . 244 18 Agenda Item 18 Resolution 2019-072-Regional Transport and Access IGA with Loveland Staff is proposing Fort Collins and Loveland enter into an IGA for the construction , ownership , operation , maintenance and management of transport and access services for voice , video and internet . The intent is the parties will develop a predictable price for transport and access services for voice , video , and internet . Under the IGA, the cities would agree that Fort Collins must negotiate and contract for access to "Transport and Access" and in exchange will be paid by Loveland in accordance with a cost-allocation formula provided in the agreement. The Transport and Access must minimally : a . be of sufficient capacity and quality for both cities to each provide a 10-gigabit (Gig ) per second service to their broadband customers for the two-year IGA term . b . connect the cities' broadband networks directly to data centers in Denver, Colorado , Philadelphia , Pennsylvania , Sacramento , California , and any other data centers agreed upon by the cities . c. initial Transport and Access provided through Fort Collins shall include the following connections/components : 10-Gig to Sacramento ( Data & Video ) 1 -Gig Ethernet to Philadelphia (Voice ) 10-Gig dedicated in Denver Burstable bandwidth in Sacramento Dark Fiber to Denver Cross Connects in Sacramento and Denver Resolution 2019-073-Regional Transport and Access IGA with Estes Park Staff is also proposing Fort Collins and Estes Park enter into an IGA for the construction , ownership , operation , maintenance and management of Transport and Access services for voice , video and internet on substantially similar terms as those in the IGA with Loveland . The intent is the parties will develop a predictable price for transport and access services for voice video and internet . Under the IGA, the City and Estes Park would agree that Fort Collins must negotiate and contract for access to Transport and Access and in exchange will be paid by Estes Park in accordance with a cost-allocation formula provided in the agreement. The Transport and Access provided through the IGA with Estes Park must minimally satisfy the same criteria as that provided under the IGA with Loveland . CITY FINANCIAL IMPACTS The benefit of the IGA is that the City will have access to a more robust broadband network by sharing the overall cost with the Loveland and Estes Park . Additionally, the shared cost approach allows the City and Connexion subscribers to benefit from volume pricing on network infrastructure and bandwidth . Item # 18 Page 2 Packet Pg . 245 RESOLUTION 2019-072 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND THE CITY OF LOVELAND FOR THE SHARED USE OF REGIONAL BROADBAND TRANSPORT AND ACCESS SERVICES WHEREAS, prior to the date of this Resolution, voters of the City of Fort Collins ("City") and the City of Loveland ("Loveland") approved all legally required ballot measures at general elections, authorizing each city to acquire and operate independent municipal broadband utility facilities and networks ; and WHEREAS , the City is a Colorado home-rule municipality which has undertaken the establishment and operation of a municipal broadband utility; and WHEREAS , in accordance with Loveland City Council resolution #R- 107-2018 , Loveland, a Colorado home-rule municipality, has also undertaken the establishment and operation of a municipal broadband utility; and WHEREAS, Loveland City Council resolution #R- 107-2018 directed the Loveland city manager to establish a retail model broadband network with regional collaboration involving regional partnerships with other governmental entities, broadband utility enterprises, and owners of fiber optic cable in order to capitalize on the regional municipal broadband opportunities available to the Loveland broadband enterprise ; and WHEREAS, to provide reliable, competitive, and cost-effective broadband utility services, the City and Loveland (collectively, the "Cities") desire to collaborate with each other and neighboring governments or broadband enterprises, to leverage resources and efficiencies, including existing fiber optic connections between the Cities, for the benefit of each city' s residents and ratepayers; and WHEREAS , the Cities need access to regional and national telecommunications data facilities, with sufficient capacities and speeds, to transport data between each city' s broadband network and interstate and international telecommunications networks to meet each city' s commitments to its respective customers ; and WHEREAS , the City has negotiated the acquisition of access to such regional and national telecommunications data facilities with third party vendors, and the Cities ' respective staffs have determined that the Cities will conserve resources by sharing bulk purchase and use of such access, rather than each city independently purchasing such access ; and WHEREAS , in light of the current cost savings to the Cities and the potential for future coordination and cost saving offered by this joint purchasing opportunity, the Cities desire to coordinate efforts to obtain sufficient access to the telecommunications data facilities in accordance with the terms of the Intergovernmental Agreement for Shared Access to Broadband - 1 - Packet Pg . 246 Transport and Access Facilities attached hereto as Exhibit "A" (the "IGA") and incorporated by this reference; and WHEREAS, as Colorado governmental entities, the Cities are each authorized, pursuant to C .R. S . Section 29- 1 -203 , to cooperate or contract with one another to acquire or provide any government function, service, or facility lawfully authorized to each; and WHEREAS, the City Council has determined that the IGA is in the best interests of the City, its citizens and ratepayers to accomplish the purposes set forth therein, and that the City Manager should be authorized to execute the IGA between the City and the City of Loveland. 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 above . Section 2 . That the City Council hereby approves the IGA and authorizes the City Manager, in consultation with the City Attorney and consistent with this Resolution, to finalize the IGA and its exhibits and to execute it on the City' s behalf, in substantially the form attached hereto as Exhibit "A". Section 3 . That in addition, the City Manager is authorized, in consultation with the City Attorney, to agree to amendments to the IGA as the City Manager determines to be reasonably necessary and appropriate to protect the City' s interests or to effectuate the purposes of this Resolution, including amendment reducing Loveland' s annual Financial Commitment down to an amount of no less than $ 100,000 over the twenty-four month term of the IGA. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of June, A.D. 2019 . Mayor Pro Tem ATTEST : City Clerk -2- Packet Pg . 247 INTERGOVERNMENTAL AGREEMENT FOR SHARED ACCESS TO BROADBAND TRANSPORT AND ACCESS FACILITIES THIS INTERGOVERNMENTAL AGREEMENT FOR SHARED ACCESS TO BROADBAND TRANSPORT AND ACCESS FACILITIES ("Agreement") is made and entered into this day of , 2019 , by and between the CITY OF FORT COLLINS , COLORADO, a home-rule municipality ("Fort Collins") and the CITY OF LOVELAND, COLORADO a home-rule municipality ("Loveland"), (collectively the "Cities") . WHEREAS , prior to the date of this Agreement, voters of Fort Collins and Loveland approved all legally required ballot measures at general elections, authorizing each city to acquire and operate independent municipal broadband utility facilities and networks ; and Cn w WHEREAS, Fort Collins is a Colorado home-rule municipality which has undertaken the establishment and operation of a municipal broadband utility; and a@ WHEREAS, Loveland is a Colorado home-rule municipality which has undertaken the 0 establishment and operation of a municipal broadband utility; and J WHEREAS, as Colorado governmental entities, Fort Collins and Loveland are authorized, pursuant to C . R. S . § 29- 1 -203 , to cooperate or contract with one another to acquire or provide any government function, service, or facility lawfully authorized to each; and 0 WHEREAS , to provide reliable, competitive, and cost-effective broadband utility services, m the Cities desire to collaborate with neighboring governments or broadband enterprises, to leverage LO resources and efficiencies , including existing fiber optic connections between the Cities, for the 0 benefit of each city' s residents and ratepayers ; and Q WHEREAS , the Cities both need access to regional and national telecommunications data facilities, with sufficient capacities and speeds, to transport data between each city' s broadband w network and interstate and international telecommunications networks to meet each city' s commitments to its respective customers ; and E WHEREAS , Fort Collins has negotiated the acquisition of access to such regional and Q national telecommunications data facilities with third party vendors, and the Cities ' respective staffs have determined that the Cities will conserve resources by sharing bulk purchase and use of such access, rather than each city independently purchasing such access ; and WHEREAS, in light of the current cost savings to the Cities and the potential for future coordination and cost saving offered by this joint purchasing opportunity, the Cities wish to coordinate efforts to obtain sufficient access to the telecommunications data facilities in accordance with the terms of this Agreement; and NOW, THEREFORE , in consideration of the mutual covenants and agreements contained herein, the Cities agree as follows : Page 1 of 7 Packet Pg . 248 1 . Definitions. As used in this Agreement, the terms below shall have following meanings : Transport and Access: Telecommunications facilities leased or otherwise acquired by Fort Collins for the purpose of transporting data from the Cities ' , and any other local entity' s, broadband networks to interstate and international telecommunications networks. Transport and Access Costs : All costs paid to one or more third-party vendors, including but not limited to, one-time hook up costs, one-time servicing fees, capital costs, and monthly bandwidth costs, for lease or other acquisition of Transport and Access . 2 . Term. The term of the Agreement is from the date first written above until twenty four months after Fort Collins executes one or more contract(s) for Transport and Access or until W the Agreement is terminated, as set forth in Section 6.c . (the "Term") . The Term of this Agreement may be extended by up to three one-year periods at the discretion of Fort Collins ' Broadband Executive Director and Loveland ' s Municipal Fiber Manager by written amendment of this Agreement. Any such extension periods shall be included in the c "Term" as defined herein. J N Q 3 . Transport and Access Contracted for by Fort Collins. Fort Collins shall negotiate and contract for access to Transport and Access to be paid for by the Cities in accordance with this Agreement. The Transport and Access that Fort Collins shall lease or otherwise acquire in furtherance of this Agreement shall meet the following minimum specifications : c m a. Be of sufficient capacity and quality for both Cities to each provide a 10-gigabit (Gig) LO per second service to their broadband customers for the Term; 0 Q b. Connect the Cities ' broadband networks directly to data centers in Denver, Colorado , Philadelphia, Pennsylvania, Sacramento, California, and any other data centers agreed upon by the Cities . w c. Initial Transport and Access provided through Fort Collins shall include the following E connections/components : Q • 10-Gig to Sacramento (Data & • Burstable bandwidth in Video) Sacramento • 1 -Gig Ethernet to Philadelphia • Dark Fiber to Denver (Voice) • Cross Connects in Sacramento and • 10-Gig dedicated in Denver Denver In its sole discretion, Fort Collins may contract for additional Transport and Access for its own use or the use of any other party with whom Fort Collins wishes to collaborate . However, Loveland' s financial liability under this Agreement shall only extend to the Transport and Access Costs as provided in Section 4 below. Page 2 of 7 Packet Pg . 249 4. Payment for Transport and Access . Fort Collins shall directly pay any third-party vendor for the Transport and Access Costs . Thereafter, partial recovery of those costs by Fort Collins shall be as set forth below : a. Loveland shall be responsible for Transport and Access Costs in the following amounts during the Term of this Agreement: i. During the first twelve months , 33 % of total Transport and Access Costs; and ii. During the second twelve months, a pro rata amount based on the anticipated number of user accounts serviced by Loveland ' s broadband network relative to the total number of user accounts serviced by all entities using the Transport and Access over the course of the second twelve months ; and w iii. The Cities will separately negotiate a cost sharing methodology, based on each city' s actual Transport and Access use, for successive twelve month periods/years of this Agreement, if extended. @ as 0 b. Loveland shall pay Fort Collins for Transport and Access Costs on a monthly J basis beginning the first full month following Fort Collins ' execution of the first Q contract for Transport and Access . 5. Proportional Payment Obligations and Release. To the extent Fort Collins withholds payment, is released from payment obligations , or receives rebates, refunds, c reimbursements or any financial or in-kind relief from any third-party vendor delivering m Transport and Access , Loveland shall be afforded proportionate relief in the same manner as Fort Collins. C 00 Q 6. Access to Transport and Access. Fort Collins agrees to use good faith efforts to ensure that its access to and use of the Transport and Access does not unreasonably interfere with Loveland' s access and use . Loveland agrees to use good faith efforts to ensure that its access w to and use of the Transport and Access does not unreasonably interfere with Fort Collins ' rM access and use. E E a. As the city with immediate geographical access to the Transport and Access, Fort Q Collins recognizes that Loveland will access the Transport and Access within the boundaries of Fort Collins and by use of facilities, such as routers, to be owned by Fort Collins and shared by the Cities . As such, Fort Collins agrees to acquire equipment of appropriate size, make, or model to ensure Loveland can reasonably access the Transport and Access. b. The Cities will address cost-sharing for the purchase of such network equipment and associated license or other costs , technical and support services in a separate agreement. Page 3 of 7 Packet Pg . 250 c. If the Cities do not enter into a separate written agreement regarding network equipment and associated service cost-sharing within one hundred and eighty ( 180) days of signing this Agreement, Fort Collins may terminate this Agreement with no further liability as to delivering Transport and Access . d. Fort Collins ' obligations under this Agreement shall further be contingent on Loveland securing access to Platte River Power Authority long-haul fiber or other communication infrastructure physically connecting the Cities ' respective networks . 7. Sharing Information Regarding Transport and Access. In order to ensure consistent and effective operation of each city' s broadband network, the Cities agree to share with each other all useful information regarding the Transport and Access , as necessary and permissible in the discretion of Fort Collins ' Broadband Executive Director and Loveland' s Municipal Fiber Manager. W Notwithstanding the above, the Cities agree to otherwise treat as confidential (a) all information owned by the other party, or that relates to the business of the other party, or that is used by the other party in carrying on business, and (b) all information that is c proprietary to a third party (including the other city' s customers and suppliers) . The Cities J shall not disclose such information to any person not having a legitimate need-to-know and Q approved by the other city, nor use such information in any form to obtain an economic or other benefit for itself, or any third party. If such information is required by law, regulation or court order to be disclosed, the subject city' s disclosure shall not be greater than that which is required, and in the event of such disclosure, the disclosing city shall furnish a c copy of this Agreement to anyone requiring such disclosure and promptly advise the other m city in writing of each required disclosure . LO 0 8. Notice Prior to Expiration of Term. At least one hundred and eighty ( 180) days prior to Q the expiration of this Agreement, Fort Collins ' Broadband Executive Director and Loveland' s Municipal Fiber Manager, or their designees, shall meet to discuss potential extension and/or amendment of this Agreement, and/or integration of the w separate agreement for network equipment and associated service cost-sharing into this Agreement. Nothing set forth in this Section 8 shall be deemed to delay or otherwise E extend the scheduled expiration of the Term of the Agreement. Q 9. Subiect to Appropriation ; No Multiple Year Obligation. It is understood and agreed by the Cities that any obligation of Fort Collins or Loveland hereunder, whether direct or contingent, shall extend only to funds appropriated by the Cities ' respective city councils and encumbered for the purpose of this Agreement. The Cities do not by this Agreement, irrevocably pledge present cash reserves for payments in future fiscal years . Likewise , this Agreement shall not create a multiple- fiscal year direct or indirect debt or financial obligation of either Fort Collins or Loveland. Page 4 of 7 Packet Pg . 251 10. Employee Status. All employees of each city who perform any services in relation to this Agreement shall remain the employees solely of the city which employed them to perform such services and not of the other city. 11 . Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, by any party, express or implied, of any of the immunities, rights, benefits, protections, or other provisions of the Colorado Governmental Immunity Act, C .R. S . § 24- 10- 101 et seq. 12 . Entire Agreement. This Agreement contains the entire agreement of the Cities relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the Cities . O 13 . No Third Party Beneficiary. The Cities understand and expressly agree that w enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Cities . Nothing contained in this Agreement shall give or allow any such claim or right of action by any third person. It is the express intention of the Cities that any person other than Fort Collins c or Loveland receiving benefits under this Agreement shall be deemed to be an J incidental beneficiary only. Q c� 14. Severability. In the event a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this Agreement. c m 15. Headings. Paragraph headings used in this Agreement are for convenience of reference LO and shall in no way control or affect the meaning or interpretation of any provision of 0 this Agreement. Q 16. Notices. Written notices required under this Agreement and all other correspondence between the parties shall be directed to the following and shall be deemed received w when hand-delivered or three (3 ) days after being sent by certified mail, return receipt requested: E If to Fort Collins : Colman Keane, Broadband Executive Director Q Fort Collins Connexion 215 N. Mason Street PO Box 580 Fort Collins, CO 80521 ckeane@fcgov. com 970-224-6001 With copies to : Fort Collins City Attorney ' s Office 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80521 Page 5 of 7 Packet Pg . 252 970-221 -6520 If to Loveland: Brieana Reed-Harmel, Municipal Fiber Manager City of Loveland, Water and Power 200 Wilson Avenue Loveland, CO 80537 Brieana.Reed-Harrnel@cityofloveland. org 970-962-3592 With copies to : Loveland City Attorney' s Office Broadband Matters 500 East 3rd Street, Suite 330 O Loveland, CO 80537 N w 17. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and venue shall be in the County of Larimer, State of Colorado . 0 18. Legal Constraints. The Cities recognize the legal constraints imposed upon them by the J constitutions, statutes, and regulations of the State of Colorado and of the United States Q and imposed upon Fort Collins by its Charter and Municipal Code, and, subject to such constraints, the Cities intend to carry out the terms and conditions of this Agreement. Notwithstanding any other provision in this Agreement to the contrary, in no event shall either of the parties hereto exercise any power or take any action which shall be 0 prohibited by applicable law. m LO 19. Counterparts. This Agreement may be executed in separate counterparts, and the 0 counterparts taken together shall constitute the whole of this Agreement. Q 20. Electronic Signature. This Agreement may be executed by electronic signature in accordance with C .R. S . § 24-71 . 3 - 101 et seq. w a� E [Signature appear on the following page] Q Page 6 of 7 Packet Pg . 253 IN WITNESS WHEREOF , the Cities have executed this Agreement as of the date first above written. CITY OF FORT COLLINS, COLORADO ATTEST : By: By: City Manager City Clerk APPROVED AS TO FORM : By: o Assistant City Attorney w c CITY OF LOVELAND, COLORADO ATTEST : a 0 By: By: J City Manager City Clerk Q C9 APPROVED AS TO FORM : c By: c Assistant m r� U) 0 0 Q x w a� E Q Page 7 of 7 Packet Pg . 254 RESOLUTION 2019-073 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND THE TOWN OF ESTES PARK FOR THE SHARED USE OF REGIONAL BROADBAND TRANSPORT AND ACCESS SERVICES WHEREAS, prior to the date of this Resolution, voters of the City of Fort Collins ("City") and the Town of Estes Park ("Estes Park") approved all legally required ballot measures at general elections, authorizing each city to acquire and operate independent municipal broadband utility facilities and networks; and WHEREAS , the City is a Colorado home-rule municipality which has undertaken the establishment and operation of a municipal broadband utility; and WHEREAS, Estes Park, a Colorado home-rule municipality, has also undertaken the establishment and operation of a municipal broadband utility; and WHEREAS , the Estes Park Town Board directed the Estes Park city manager to establish a retail model broadband network with regional collaboration involving regional partnerships with other governmental entities, broadband utility enterprises , and owners of fiber optic cable in order to capitalize on the regional municipal broadband opportunities available to Estes Park; and WHEREAS, to provide reliable, competitive, and cost-effective broadband utility services, the City and Estes Park (collectively, the "Cities") desire to collaborate with each other and neighboring governments or broadband enterprises, to leverage resources and efficiencies, including existing fiber optic connections between the Cities, for the benefit of each city' s residents and ratepayers; and WHEREAS , the Cities need access to regional and national telecommunications data facilities, with sufficient capacities and speeds, to transport data between each city' s broadband network and interstate and international telecommunications networks to meet each city' s commitments to its respective customers ; and WHEREAS, the City has negotiated the acquisition of access to such regional and national telecommunications data facilities with third party vendors, and the Cities ' respective staffs have determined that the Cities will conserve resources by sharing bulk purchase and use of such access, rather than each city independently purchasing such access ; and WHEREAS, in light of the current cost savings to the Cities and the potential for future coordination and cost saving offered by this joint purchasing opportunity, the Cities desire to coordinate efforts to obtain sufficient access to the telecommunications data facilities in accordance with the terms of the Intergovernmental Agreement for Shared Access to Broadband Transport and Access Facilities attached hereto as Exhibit "A" (the "IGA") and incorporated by this reference; and - 1 - Packet Pg . 255 WHEREAS, as Colorado governmental entities, the Cities are each authorized, pursuant to C .R. S . Section 29- 1 -203 , to cooperate or contract with one another to acquire or provide any government function, service, or facility lawfully authorized to each; and WHEREAS, the City Council has determined that the IGA is in the best interests of the City, its citizens and ratepayers to accomplish the purposes set forth therein, and that the City Manager should be authorized to execute the IGA between the City and Estes Park. 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 above . Section 2 . That the City Council hereby approves the IGA and authorizes the City Manager, in consultation with the City Attorney and consistent with this Resolution, to finalize the IGA and its exhibits and to execute it on the City' s behalf, in substantially the form attached hereto as Exhibit "A". Section 3 . That in addition, the City Manager is authorized, in consultation with the City Attorney, to agree to amendments to the IGA as the City Manager determines to be reasonably necessary and appropriate to protect the City' s interests or to effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of June, A.D . 2019 , Mayor Pro Tem ATTEST : City Clerk -2 - Packet Pg . 256 EXHIBIT A INTERGOVERNMENTAL AGREEMENT FOR SHARED ACCESS TO BROADBAND TRANSPORT AND ACCESS FACILITIES THIS INTERGOVERNMENTAL AGREEMENT FOR SHARED ACCESS TO BROADBAND TRANSPORT AND ACCESS FACILITIES ("Agreement") is made and entered into this day of , 2019 , by and between the CITY OF FORT COLLINS , COLORADO, a home-rule municipality ("Fort Collins") and the TOWN OF ESTES PARK, COLORADO a statutory municipality ("Estes Park"), (collectively the "Cities") . WHEREAS, prior to the date of this Agreement, voters of Fort Collins and Estes Park approved all legally required ballot measures at general elections, authorizing each municipality to acquire and operate independent municipal broadband utility facilities and networks ; and p co w WHEREAS, Fort Collins is a Colorado home-rule municipality which has undertaken the Y establishment and operation of a municipal broadband utility; andLM a N WHEREAS , Estes Park is a Colorado statutory municipality which has also undertaken the N establishment and operation of a municipal broadband utility; and w a WHEREAS, as Colorado governmental entities, Fort Collins and Estes Park are authorized, pursuant to C . R. S . § 29- 1 -203 , to cooperate or contract with one another to acquire or = provide any government function, service, or facility lawfully authorized to each; and 0 WHEREAS , to provide reliable, competitive, and cost-effective broadband utility services, m` the Cities desire to collaborate with neighboring governments or broadband enterprises, to leverage resources and efficiencies , including existing fiber optic connections between the Cities, for the 00 benefit of each city' s residents and ratepayers ; and a WHEREAS , the Cities both need access to regional and national telecommunications data Z facilities, with sufficient capacities and speeds, to transport data between each municipality' s w broadband network and interstate and international telecommunications networks to meet each municipality' s commitments to its respective customers ; and WHEREAS , Fort Collins has negotiated the acquisition of access to such regional and national telecommunications data facilities with third party vendors, and the Cities ' respective staffs Q have determined that the Cities will conserve resources by sharing bulk purchase and use of such access, rather than each city independently purchasing such access ; and WHEREAS, in light of the current cost savings to the Cities and the potential for future coordination and cost saving offered by this joint purchasing opportunity, the Cities wish to coordinate efforts to obtain sufficient access to the telecommunications data facilities in accordance with the terms of this Agreement; and NOW, THEREFORE , in consideration of the mutual covenants and agreements contained herein, the Cities agree as follows : Page 1 of 7 Packet Pg . 257 1 . Definitions. As used in this Agreement, the terms below shall have following meanings : Transport and Access: Telecommunications facilities leased or otherwise acquired by Fort Collins for the purpose of transporting data from the Cities ' , and any other local entity' s, broadband networks to interstate and international telecommunications networks. Transport and Access Costs : All costs paid to one or more third-party vendors, including but not limited to, one-time hook up costs, one-time servicing fees, capital costs, and monthly bandwidth costs, for lease or other acquisition of Transport and Access . 2 . Term. The term of the Agreement is from the date first written above until twenty four p months after Fort Collins executes one or more contract(s) for Transport and Access, until co the Maximum Contract Amount (defined below) is expended or is extended as provided in Y a separate amendment to this Agreement, or until the Agreement is terminated, as set forth cc in Section 6 . c . (the "Term"). , a� 3. Transport and Access Contracted for by Fort Collins . Fort Collins shall negotiate and w contract for access to Transport and Access to be paid for by the Cities in accordance with a this Agreement. The Transport and Access that Fort Collins shall lease or otherwise acquire in furtherance of this Agreement shall meet the following minimum specifications : _ a. Be of sufficient capacity and quality for both Cities to each provide a 10-gigabit (Gig) c per second service to their broadband customers for the Term; m` b. Connect the Cities ' broadband networks directly to data centers in Denver, 0 Colorado , Philadelphia, Pennsylvania, Sacramento, California, and any other data centers agreed upon by the Cities . Q c. Initial Transport and Access provided through Fort Collins shall include the following w connections/components : a� E • 10-Gig to Sacramento (Data & • Burstable bandwidth in Video) Sacramento • 1 -Gig Ethernet to Philadelphia • Dark Fiber to Denver Q (Voice) • Cross Connects in Sacramento and • 10-Gig dedicated in Denver Denver In its sole discretion, Fort Collins may contract for additional Transport and Access for its own use or the use of any other party with whom Fort Collins wishes to collaborate. However, Estes Park' s financial liability under this Agreement shall only extend to the Transport and Access Costs as provided in Section 4 below. Page 2 of 7 Packet Pg . 258 4. Payment for Transport and Access . Fort Collins shall directly pay any third-party vendor for the Transport and Access Costs . Thereafter, partial recovery of those costs by Fort Collins shall be as set forth below : a. Estes Park shall be responsible for Transport and Access Costs in the following amounts during the Term of this Agreement: i. During the first twelve months , 33 % of total Transport and Access Costs; and ii. During the second twelve months, a pro rata amount based on the anticipated number of user accounts serviced by Estes Park' s broadband network relative to the total number of user accounts serviced by all entities using the p Transport and Access over the course of the second twelve months ; and co iii. The Cities will separately negotiate a cost sharing methodology, based on Y each city' s actual Transport and Access use, for successive twelve month periods/years of this Agreement, if extended. N a� b. Estes Park shall pay Fort Collins for Transport and Access Costs on a monthly W basis beginning the first full month following Fort Collins ' execution of the first a contract for Transport and Access . The maximum contract amount Estes Park shall pay to Fort Collins over the Term of this Agreement shall in no event exceed the = sum of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) ("Maximum Contract Amount") unless this Agreement is modified to increase said amount by a c duly authorized and written agreement executed by the Cities in accordance with m` applicable legal requirements . 0 0 5. Proportional Payment Obligations and Release. To the extent Fort Collins withholds payment, is released from payment obligations, or receives rebates, refunds, a reimbursements or any financial or in-kind relief from any third-party vendor delivering Transport and Access, Estes Park shall be afforded proportionate relief in the same manner w as Fort Collins. a� E 6. Access to Transport and Access. Fort Collins agrees to use good faith efforts to ensure that its access to and use of the Transport and Access does not unreasonably interfere with Estes Park' s access and use . Estes Park agrees to use good faith efforts to ensure that its Q access to and use of the Transport and Access does not unreasonably interfere with Fort Collins ' access and use. a. As the municipality with immediate geographical access to the Transport and Access, Fort Collins recognizes that Estes Park will access the Transport and Access within the boundaries of Fort Collins and by use of facilities, such as routers, to be owned by Fort Collins and shared by the Cities. As such, Fort Collins agrees to acquire equipment of appropriate size, make, or model to ensure Estes Park can reasonably access the Transport and Access . Page 3 of 7 Packet Pg . 259 b. The Cities will address cost-sharing for the purchase of such network equipment and associated license or other costs, technical and support services in a separate agreement, and Estes Park ' s payment of those costs will not be counted toward the Maximum Contract Amount. c. If the Cities do not enter into a separate written agreement regarding network equipment and associated service cost-sharing within one hundred and eighty ( 180) days of signing this Agreement, Fort Collins may terminate this Agreement with no further liability as to delivering Transport and Access . d. Fort Collins ' obligations under this Agreement shall further be contingent on Estes Park securing access to Platte River Power Authority long-haul fiber or other p communication infrastructure physically connecting the Cities ' respective networks . co 7. Sharing Information Regarding Transport and Access. In order to ensure consistent and effective operation of each city' s broadband network, the Cities agree to share with each N other all useful information regarding the Transport and Access, as necessary and N permissible in the discretion of Fort Collins ' Broadband Executive Director and Estes w Park ' s Municipal Fiber Manager. a Notwithstanding the above, the Cities agree to otherwise treat as confidential (a) all = information owned by the other party, or that relates to the business of the other party, or that is used by the other party in carrying on business, and (b) all information that is c proprietary to a third party (including the other city' s customers and suppliers) . The Cities m` shall not disclose such information to any person not having a legitimate need-to-know and approved by the other city, nor use such information in any form to obtain an economic or 0 other benefit for itself, or any third party. If such information is required by law, regulation or court order to be disclosed, the subject city' s disclosure shall not be greater than that a which is required, and in the event of such disclosure, the disclosing city shall furnish a copy of this Agreement to anyone requiring such disclosure and promptly advise the other w city in writing of each required disclosure . a� E 8. Notice Prior to Expiration of Term. At least one hundred and eighty ( 180) days prior to the expiration of this Agreement, Fort Collins ' Broadband Executive Director and Estes Q Park ' s Municipal Fiber Manager, or their designees , shall meet to discuss potential extension and/or amendment of this Agreement, and/or integration of the separate agreement for network equipment and associated service cost-sharing into this Agreement . Nothing set forth in this Section 8 shall be deemed to delay or otherwise extend the scheduled expiration of the Term of the Agreement. 9. Subiect to Appropriation ; No Multiple Year Obligation. It is understood and agreed by the Cities that any obligation of Fort Collins or Estes Park hereunder, whether direct or contingent, shall extend only to funds appropriated by the Cities ' respective city/town council/board and encumbered for the purpose of this Page 4 of 7 Packet Pg . 260 Agreement. The Cities do not by this Agreement, irrevocably pledge present cash reserves for payments in future fiscal years . Likewise , this Agreement is not intended to create a multiple -fiscal year direct or indirect debt or financial obligation of either Fort Collins or Estes Park. 10. Employee Status. All employees of each municipality who perform any services in relation to this Agreement shall remain the employees solely of the municipality which employed them to perform such services and not of the other municipality. 11 . Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, by any party, express or implied, of any of the immunities, rights, benefits, protections, or other provisions of the Colorado Governmental Immunity Act, C .R. S . § 24- 10- 101 et seq. p U) W 12 . Entire Agreement. This Agreement contains the entire agreement of the Cities relating Y to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the Cities . N a� 13 . No Third Party Beneficiary. The Cities understand and expressly agree that W enforcement of the terms and conditions of this Agreement, and all rights of action a relating to such enforcement, shall be strictly reserved to the Cities . Nothing contained in this Agreement shall give or allow any such claim or right of action by any third = person. It is the express intention of the Cities that any person other than Fort Collins or Estes Park receiving benefits under this Agreement shall be deemed to be an c incidental beneficiary only. m` qe 14. Severability. In the event a court of competent jurisdiction holds any provision of this 0 Agreement invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this Agreement. a 15. Headings. Paragraph headings used in this Agreement are for convenience of reference w and shall in no way control or affect the meaning or interpretation of any provision of this Agreement. 16. Notices. Written notices required under this Agreement and all other correspondence Q between the parties shall be directed to the following and shall be deemed received when hand-delivered or three (3 ) days after being sent by certified mail, return receipt requested: If to Fort Collins : Colman Keane, Broadband Executive Director Fort Collins Connexion 215 N. Mason Street PO Box 580 Fort Collins, CO 80521 ckeane@fcgov. com Page 5 of 7 Packet Pg . 261 970-224-6001 With copies to : Fort Collins City Attorney ' s Office 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80521 970-221 -6520 If to Estes Park: Josh Cramer, Municipal Fiber Manager josh@cramerdev. com cramerdev. com Reuben Bergsten, Utilities Director Town of Estes Park, Light and Power 615 Elm Road p P .O . Box 1200 w Estes Park, CO 80517 rber _ sg tenkestes . org 970-577-3583 , a� With copies to : Estes Park Town Attorney W Gregory A. White a Attorney At Law 1423 West 29th Street Loveland, CO 80538 0 L m 17. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and venue shall be in the County of Larimer, State of Colorado . 0 18. Legal Constraints. The Cities recognize the legal constraints imposed upon them by the a constitutions, statutes , and regulations of the State of Colorado and of the United States and imposed upon Fort Collins by its Charter and Municipal Code, and, subject to such w constraints, the Cities intend to carry out the terms and conditions of this Agreement. Notwithstanding any other provision in this Agreement to the contrary, in no event shall either of the parties hereto exercise any power or take any action which shall be prohibited by applicable law. 19. Counterparts. This Agreement may be executed in separate counterparts, and the counterparts taken together shall constitute the whole of this Agreement. 20. Electronic Signature. This Agreement may be executed by electronic signature in accordance with C .R. S . § 24-71 . 3 - 101 et seq. Page 6 of 7 Packet Pg . 262 IN WITNESS WHEREOF , the Cities have executed this Agreement as of the date first above written. CITY OF FORT COLLINS, COLORADO ATTEST : By: By: City Manager City Clerk APPROVED AS TO FORM : By: O Assistant City Attorney L TOWN OF ESTES PARK, COLORADO ATTEST : N a� By: By: W Town Manager Town Clerk a APPROVED AS TO FORM : _ By: c Town Attorney m` U) 0 0 Q x w a� E �a a Page 7 of 7 Packet Pg . 263 Staff Report : Alternative Fuel Equipment Conversion a� a Cr w City of • m Fort Collins UM- m "MA L Q 1 O L CO 0 . ow` 1 \ CO O U _ a� a w Z w CL Cn rM E V f� Q Packet Pg . 264 Report -Staff Alternative Fuel Equipment Conversion City of Fort • llins UM Alignment and Resources . 00 1� ► . CITY PLAN STRATEGIC 2019 BUDGET . OBJECTIVESrM LL Packet Principle ENV 4 Environmental Health RAQC Grant $ 20K - • 4 . 4 Ozone Attainment 4 . 1 CAP Goals BFO Match $ 20K 4 . 6 Fuel Consumption 4 . 2 Air Quality 2 • • Staff Report : Alternative Fuel Equipment Conversion a� E a City of W �Fort Collins Locallow Lim Ozone • • • > L a On -road 29 % °� a� L Cn Oil and gas r production o 38 % 0 .N L d C Non - road ( L & G Equipment) Q 13 /0 3 Area W 4% 3 Commercial/ Industrial Energy Generation UM 8 % � Natural 4% a 4% a L co Data from Denver 2017c • . 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'_ C . �:W�-P+,�-'-_:_..-?� 3.,T.�: :r� '_�l-!+it' s-, .�' -�� �^ '^' +.� w __ -•-`- - y ��,�� ....- _ ' - -' . r Y • ' \ ' rani _ " _ - - � �� t r --__. _ � _i __- r , . ^ rim' _ ! • Y( _ r .rj.�.. n \ Abatement Larry Schneider Staff Report Community Dashboard Metric - Response Time to Graffiti Removal City of Fort Collins Response Graffiti abated : . 4 cases t�'. ,' �f f � •ice•-: )1�- �.{ ' yy Graffiti Hotline : 416 � 2400 Email : graffiti (Mcgov. com Access Fort Collins at ftbanmbm� �� &, POF www. fcgov. com e , mr Fort Collins Easy. quick responses to your questions and comments. 2 Staff Report Community Dashboard Metric : Response Time to Graffiti Removal Fort of Response Time 0 012016 022016 032016 042016 012017 022017 032017 04 2017 012018 022018 032018 042018 01 2019 022019 032019 042019 t Target + Stretch Goal 0 Response 71me (Days) Staff Report Community Dashboard Metric : Response Time to Graffiti Removal Fort of IncidentsGraffiti Source # of Reported Incidents Llh�- MA ■ Access FC/Online ■ Hotline ■ Pro-Active Staff Report Community Dashboard Metric - Response Time to Graffiti Removal Fort of Education • Poudre School District • CSu ® z r If i , peat 1 i 19 Agenda Item 19 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Adam Molzer, Grant & Community Partnership Coordinator Ingrid Decker, Legal SUBJECT Items Relating to the Completion of the 2019 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 Consistently Therewith . EXECUTIVE SUMMARY A. Public Hearing and Resolution 2019-074 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 . 080 , 2019 , Appropriating Unanticipated Revenue in the Community Development Block Grant Fund . C . Public Hearing and First Reading of Ordinance No . 081 , 2019 , Appropriating Unanticipated Revenue in the HOME Investment Partnerships Fund . The purpose of this item is to approve funding recommendations of the 2019 Spring Cycle of the Competitive Process and appropriate federal dollars . Resolution 2019-074 completes the 2019 Spring Cycle of the Competitive Process for allocating $3 , 602 , 625 in City financial resources to affordable housing and public facility projects , human service programs and administration of the programs . Ordinance No . 080 , 2019 , appropriates the City's FY2019 CDBG Entitlement Grant and CDBG program income and CDBG Reconciled funds from FY2017 and FY2018 . Ordinance No . 081 , 2019 appropriates the City' s FY2019 HOME Participating Jurisdiction Grant from the Department of Housing and Urban Development ( HUD ) . STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinances on First Reading . BACKGROUND / DISCUSSION Resolution 2019-074 establishes which programs and projects will receive funding with CDBG , HOME , AHF and HSP funds for the 2019 program year. CDBG and HOME are federal dollars allocated through HUD . AHF and HSP funds are allocated from the General Fund (GF ) and Keep Fort Collins Great ( KFCG ) . In 2019 the total available dollar amount is $3 , 602 , 625 . The following table shows available dollars in each funding category: FY2019 Funding Categories Funding Source Amount FY2019 Housing $2 , 2247972 FY2019 Human Service $ 1 , 0687017 Item # 19 Page 1 Packet Pg . 281 19 Agenda Item 19 FY2019 Planning and Administration $287 , 636 FY2018 Planning & Administration $22 , 000 Total $3 ,6021625 Federal funds available for allocation total $2 , 187 , 930 for FY2019 and $22 , 000 for the remainder of FY2018 (which concludes 9/30/2019) . These funds are sourced from 6 categories designated by HUD , as numbered in the table below including : FY2019 Entitlement Grants ( CDBG and HOME -new funding , lines 1 and 5 below) , FY2018 and FY2017 Unanticipated Program Revenue (CDBG - new funding , lines 2 and 3 below) , Prior Year Funds (CDBG and HOME-reappropriated , lines 4 and 6 below) . Unanticipated Revenue Funds include repayments from loans issued for rehabilitation , homebuyer assistance , acquisition and development. Prior Year Funds (CDBG and HOME FY2018) represent previously Council -committed funds that are available for reallocation in the housing category only. These funds do not need to be reappropriated as they are held in nonlapsing business units . HUD regulations also require a 15% set-aside of the FY2019 HOME Entitlement Grant ($ 107 , 867 ) , for agencies certified as Community Housing Development Organizations (CHDOs ) . Fort Collins currently has one CHDO , Habitat for Humanity. Total federal contribution to the Housing category is $ 1 , 699 , 925 . 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% . Total federal contribution to the Human Service category is $ 178 , 369 : $ 161 , 794 from the FY2019 CDBG Entitlement grant and $ 16 , 575 from CDBG FY2018 Unanticipated Program Income . HUD regulations allow a maximum of 20 % of the CDBG Entitlement grant ($215 , 725) to be used for CDBG planning and program administration and 20 % of program income received ($22 , 000 ) to be used toward current year planning and administration costs . HUD regulations allow a maximum of 10 % of HOME Entitlement grant ($71 , 911 ) to be used for HOME planning and program administration . Total federal contribution to the Planning and Program Administration category is $309 , 636 . The following table provides a summary of 2019 federal funding sources for Housing , Human Service and Planning/Program Administration : Item # 19 Page 2 Packet Pg . 282 19 Agenda Item 19 FEDERALFUNDS Funding Source Total Funds Housing Human Service Planning / Admin 1 FY19 CDBG $ 1 , 078 , 629 $ 701 , 110 $ 161 , 794 $ 215 , 725 Entitlement Grant 2 FY18 Unanticipated $ 1105496 $ 715921 $ 16 , 575 $ 22 , 000 Revenue CDBG 3 FY17 Unanticipated $ 1635572 $ 1635572 Revenue CDBG 4 Prior Year CDBG Funds $ 69 , 112 $ 695112 5 FY19 HOME $ 7195116 $ 6475205 $ 713911 Entitlement Grant 6 Prior Year HOME $ 475005 $ 475005 Funds TOTAL Federal $ 2 , 187, 930 $ 1 ,69% 925 $ 178 ,369 $ 3099636 Funds The City's contribution to the Housing category is $525 , 047 . 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 2019 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 / Admin Human Service $ 5217601 $ 521 , 601 Program (GF) Affordable Housing $ 3257047 $ 3253047 Fund (GF) KFCG $ 5687047 $ 200 , 000 $ 368 , 047 TOTAL City Funds $ 194145695 $ 5255047 $ 8899648 COMBINED FUNDING TOTALS Total Funds Housing Human Service Planning / Admin $ 396029625 $ 21224, 972 $ 11068 ,017 $ 3099636 The City received 50 housing and human service applications totaling $3 , 807 ,495 . In the housing category, 3 proposals were received totaling $ 1 , 980 , 000 . In the Human Service and Public Facility category 47 applications were received totaling $ 1 , 827 ,495 (Attachment 1 ) . There is a shortage in Human Service dollars of $759 , 478 . The following table summarizes the amount of funding requests compared to the amount of funding available for each of the categories : FY2019 Funding Requests by Category Category Number of Available Requested Available - Request Applications Funding Funding Difference Administration - CDBG $ 2375725 $ 237 , 725 $ 0 Administration - HOME $ 713911 $ 717911 $ 0 Item # 19 Page 3 Packet Pg . 283 19 Agenda Item 19 Housing 3 $ 2 , 2247972 $ 11980 , 000 + $ 2447972 Human Service & Public 47 $ 11068 , 017 $ 118273495 - $ 759 , 478 Facility Totals 50 $ 31602 ,625 $ 41117, 131 - $ 514, 506 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 FY2019 , the total amount of federal funds available for allocation is $2 , 187 , 930 and the City's contribution is $ 1 ,414 , 695 . 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 . BOARD / COMMISSION RECOMMENDATION The CDBG Commission recommends adoption of their funding recommendations made on April 24 , 2019 . The Commission read all applications , listened to presentations by each housing applicant, and asked clarifying questions . In addition , in the Housing category, they 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 . Each Commissioner 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 that they had predetermined . For the 2019 grant process , several improvements were operationalized to maximize efficiencies and develop equitable funding determinations . In the summer of 2018 , a subcommittee from the CDBG Commission was convened and over 5 work sessions they identified improvements that address the plans , process and people involved with the grant program . Particular attention was given to strengthening the connection of the grant process to the City's plans , priorities , community needs and data . Objectivity and systemization were also incorporated with the addition of a criteria-based scorecard and a deliberative funding decision methodology. Opportunities for the Commission members to personally increase their awareness and expertise around social issues were also provided . 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 April 3 , 2019 , 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: Item # 19 Page 4 Packet Pg . 284 19 Agenda Item 19 Planning and Administration Category Applicant Project/Program Funding Recommended Unfunded Percent of Request Funding Balance Request Funded City of Fort Collins : CDBG $ 2377725 $ 2377725 $0 100% Administration/Planning City of Fort Collins : HOME $ 71 , 911 $ 71 , 911 $0 100% Administration/Planning Administration/Planning Total $ 309 , 636 $ 309 , 636 $0 100% Housing Category Of the $2 , 224 , 972 total housing dollars available , $30 , 954 * ( FY18 CDBG Program Income) was withheld from the Competitive Process to meet prior year funding obligations for Mason Place permanent supportive housing . The modified balance of $2 , 194 , 018 was available for allocation to current year housing applications . The CDBG Commission determined three of the three housing proposals were projects that would benefit from receiving funding , with each proposal recommended for full funding . This leaves a balance of $214 , 018 * in excess housing funds that will be carried forward for allocation to eligible housing projects in 2020 . Those recommendations are listed in the table below: Applicant Project/Program Funding Commission 's Unfunded Percent of Request Recommended Balance Request Funding Funded Habitat for Humanity: Poudre Build #6 $ 80 , 000 $ 80 , 000 $0 100% Villages , Ltd : Myrtle Street SRO $ 500 , 000 $ 500 , 000 $0 100% Volunteers of America : Senior $ 13400 , 000 $ 13400 , 000 $0 100% Residences at Spring Creek Housing Total $ 159805000 $ 159805000 $0 100% Human Service Categories In the Human Service and Public Facility category 47 proposals were received and 41 are being recommended for funding , ranging from 30% to 90% of requests . Six proposals are not being recommended for funding . There is a funding gap of $759 , 478 . Those recommendations are listed in the table below: Applicant Project/Program Funding Commission 's Unfunded Percent of Request Recommended Balance Request Funding Funded A Little Help : A Little Help in Fort Collins $ 40 , 000 $ 175000 $ 23 , 000 43% Alliance for Suicide Prevention : Suicide $ 10 , 000 $ 5 , 000 $ 5 , 000 50% Prevention Education B .A. S . E . Camp : Childcare Scholarships $ 70 , 000 $ 50 , 000 $ 20 , 000 71 % Bike Fort Collins : Active Living Program $ 75 , 000 $0 $ 75 , 000 0% Boys & Girls Clubs of Larimer County: $ 35 , 000 $ 21 , 000 $ 14 , 000 60% Building Great Futures for Fort Collins CASA Program : Court Appointed Special $ 52 , 558 $ 34 , 163 $ 18 , 395 65% Advocates CASA Program : Harmony House $ 49 , 032 $ 31 , 800 $ 17 , 232 65% Supervised Visitation Catholic Charities : Senior Services $ 91 , 000 $ 34 , 000 $ 57 , 000 37% Catholic Charities : The Mission Shelter $ 75 , 000 $ 43 , 000 $ 32 , 000 57% Item # 19 Page 5 Packet Pg . 285 19 Agenda Item 19 Applicant Project/Program Funding Commission 's Unfunded Percent of Request Recommended Balance Request Funding Funded The Center for Family Outreach : Crisis $ 24 , 128 $ 12 , 000 $ 12 , 128 50% Intervention Specialist ChildSafe Colorado : Child Sexual Abuse $ 46 , 500 $ 28 , 000 $ 18 , 500 60% Treatment Program Colorado Health Network : Northern $ 7 , 500 $ 4 , 000 $ 3 , 500 53% Colorado Health Network (NCAP) Crossroads Safehouse : Advocacy $ 58 , 203 $ 37 , 832 $ 20 , 371 65% Project Disabled Resource Services : Access to $ 36 , 830 $ 24 , 940 $ 11 , 890 68% Independence Early Childhood Council of Larimer $ 14 , 415 $ 5 , 600 $ 8 , 815 39% County: Expanding Professional Possibilities in Early Childhood Easter Seals Colorado : Fort Collins $ 10 , 000 $ 3 , 000 $ 7 , 000 30% Employment Services Elderhaus Adult Day Program : $ 55 , 000 $ 30 , 000 $ 25 , 000 55% Community Based Therapeutic Care Family Housing Network : Family Housing $ 33 , 400 $ 255191 $ 8 , 209 75% Project Food Bank for Larimer County: Kids Cafe $ 30 , 000 $ 24 , 318 $ 5 , 682 81 % Health District of Northern Larimer $ 24 , 000 $ 8 , 000 $ 165000 33% County: CAYAC School Navigator Homeward Alliance : Homeward Alliance $ 35 , 000 $ 31 , 500 $ 3 , 500 90% Programs Homeward Alliance : Murphy Center $ 35 , 000 $ 31 , 500 $ 3 , 500 90% Programs Jacob Family Services : National Youth $ 25 , 000 $0 $ 25 , 000 0% Program Using MiniBikes Youth Participation Fund Larimer County Partners : One to One $ 15 , 000 $ 7 , 000 $ 8 , 000 47% Mentoring Light of the Rockies Christian Counseling $ 25 , 000 $0 $ 25 , 000 0% Center: Low- Income Counseling Assistance Meals on Wheels for Fort Collins : Meal $ 38 , 000 $ 29 , 500 $ 8 , 500 78% Delivery Program Neighbor to Neighbor: Homelessness $ 140 , 000 $ 126 , 000 $ 145000 90% Prevention Programs Neighbor to Neighbor: HomeShare $ 50 , 000 $ 25 , 000 $ 25 , 000 50% Project Self-Sufficiency: Selfpower $ 35 , 000 $ 29 , 500 $ 5 , 500 84% Program to Self-Sufficiency Project Smile Corporation : Dental & $ 15 , 000 $0 $ 15 , 000 0% Vision Screening for PSD Children Respite Care : Childcare Scholarships $ 40 , 000 $ 36 , 000 $ 4 , 000 90% SAVA Center: Sexual Assault Victim $ 50 , 000 $ 29 , 000 $ 21 , 000 58% Services SAVA Center: Prevention Education $ 50 , 000 $ 20 , 000 $ 30 , 000 40% Item # 19 Page 6 Packet Pg . 286 19 Agenda Item 19 Applicant Project/Program Funding Commission 's Unfunded Percent of Request Recommended Balance Request Funding Funded SummitStone Health Partners : $ 35 , 000 $ 17 , 500 $ 17 , 500 50% Community Behavioral Health Treatment Program SummitStone Health Partners : $ 30 , 000 $ 15 , 000 $ 15 , 000 50% Imperative Mental Health Services at the Murphy Center Teaching Tree Early Childhood Learning $ 82 , 000 $ 73 , 800 $ 8 , 200 90% Center: Childcare Scholarships TEAM Wellness and Prevention : $ 25 , 700 $0 $ 25 , 700 0% Engaging Families Program The Family Center/La Familia : Supporting $ 50 , 000 $ 45 , 000 $ 5 , 000 90% Fort Collins Families The Growing Project : Educational Farm $ 19 , 500 $ 8 , 000 $ 115500 41 % The Matthews House : Empowering Youth $ 35 , 000 $ 23 , 644 $ 11 , 356 68% Program The Salvation Army: Rent & Utility $ 20 , 000 $ 7 , 000 $ 135000 35% Assistance Turning Point Center for Youth and $ 30 , 000 $ 15 , 000 $ 155000 50% Family Development : Crisis Intervention Services United Way of Larimer County: $ 105000 $0 $ 105000 0% WomenGive United Way of Weld County: Coordinated $ 25 , 000 $ 11 , 250 $ 13 , 750 45% Assessment & Housing Placement System (CAHPS ) Voices Carry Child Advocacy Center: $ 30 , 500 $ 20 , 226 $ 10 , 274 66% Forensic Services - Interviews & Advocacy Volunteers of America : Handyman $ 9 , 225 $ 5 , 000 $ 4 , 225 54% Program Volunteers of America : Home Delivered $ 35 , 004 $ 22 , 753 $ 12 , 251 65% Meal Service Human Service Total $ 138273495 $ 130683017 $ 759 ,478 58% 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 $ 309 , 636 9% Housing $ 139803000 59% Human Service $ 13068 , 017 32% Total $ 353575653 100% The justifications for the CDBG Commission 's recommendations can be found in Attachment 5 . Item # 19 Page 7 Packet Pg . 287 19 Agenda Item 19 PUBLIC OUTREACH At the March 27 , 2019 combined meeting the CDBG Commission and the Affordable Housing Board discussed the merits of the housing proposals , without any funding discussion . Housing applicants also had the opportunity to make presentations at that meeting and respond to questions . The CDBG Commission met on April 12 , 2019 , to discuss the merits of the human services proposals and identify follow-up questions for the applicants , without any funding discussion . The CDBG Commission held a meeting on April 24 , 2019 , to deliberate all 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 3 , 2019 , presenting the list of recommended funding for programs/projects and indicated the public comment period would start on May 4 , 2019 , and end on June 4 , 2019 . The Council meeting on June 4 , 2019 , will serve as a Public Hearing and comments will be recorded and reported to HUD in August. The public notice of funding recommendations was placed on the Social Sustainability Department's website . It was also distributed to applicants and 11 entities serving a majority of clients in legally protected classes-including those in a racial/ethnic minority, those with a disability, or female heads of households -or serving those community members who might otherwise have barriers to public participation in the City's civic engagement processes . To date no public comments have been received . ATTACHMENTS 1 . Summary of Organizations Requesting Funding and Recommendations ( PDF ) 2 . Priority Rankings of the Affordable Housing Board for Housing proposals ( PDF ) 3 . Distribution of Funding Recommendations Across Human Services Priorities ( PDF ) 4 . Scorecard Rankings of the CDBG Commission for Human Services Proposals , Evaluation Criteria and Protocol ( PDF ) 5 . CDBG Commission Minutes , April 24 , 2019 ( PDF ) 6 . Powerpoint presentation ( PDF ) Item # 19 Page 8 Packet Pg . 288 ATTACHMENT 1 19 . 1 CDBG Commission Competitive Process FY19 Summary of Organizations Requesting Funding & Recommendations HOUSING Fort Collins Habitat for Humanity - Poudre Build #6 N Request : $ 80 , 000 Recommendation : $80 , 000 Percentage : 100 % a 0 U. 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 . a E 0 Villages , Ltd . - Myrtle Street Single Room Occupancy (SRO ) Rehab Request : $500 , 000 Recommendation : $500 , 000 Percentage : 100 % c 00 Villages , Ltd . , the nonprofit arm of Housing Catalyst , is a Fort Collins , mission -driven real estate o developer that designs , builds and serves communities with homes that are affordable in Northern Colorado . This proposal supports the costs related to full rehabilitation of the existing Myrtle Street Single Room Occupancy ( SRO ) living facility . This facility is designated to provide E affordable housing for individuals earning below 50 % of the Area Median Income . E 0 U a� Volunteers of America - Senior Residences at Spring Creek Request : $ 1 , 400 , 000 Recommendation : $ 1 , 400 , 000 Percentage : 100 % _ 15 _ Volunteers of America provides affordable housing options enriched with supportive services for LL economically vulnerable older adults . This proposal supports the development costs associated with the building of 55 units of new affordable senior housing . y a� 0 a a� HUMAN ( PUBLIC ) SERVICE 0 A Little Help N Request : $40 , 000 Recommendation : $ 17 , 000 Percentage : 43 % CU 0, L O A Little Help helps older adults age in place by providing connections to important resources and o services necessary for them to maintain independence in their homes . E E Alliance for Suicide Prevention in Request : $ 10 , 000 Recommendation : $ 5 , 000 Percentage : 50 % E ASP provides suicide prevention educational programs and grief support services to youth and adults . 2 Q 1 Packet Pg . 289 19 . 1 B .A. S . E . Camp Request : $70 , 000 Recommendation : $50 , 000 Percentage : 71 % BASE Camp offers childcare service programs in PSD for grades K-8 , including : Before and After-School Care , School - Out Day Care , Summer Camp and Preschool . 0 Bike Fort Collins y N Request : $75 , 000 Recommendation : $0 Percentage : 0 % o U. a Bike Fort Collins advocates for equity in the transportation and built environment sectors and > serves as a voice for people participating in active transportation . a E 0 Boys & Girls Clubs of Larimer County Request : $ 35 , 000 Recommendation : $215000 Percentage : 60 % c 00 B &G Clubs provides after-school and school - break youth development programs at their Fort o Collins location to kids 6- 18 years . c a� CASA ( Court Appointed Special Advocates ) E E Request : $52 , 558 Recommendation : $34 , 163 Percentage : 65 % U 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 . 5 Um CASA (Court Appointed Special Advocates ) - Harmony House = M Request : $49 , 032 Recommendation : $31 , 800 Percentage : 65 % a a� 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 0 in deciding the child ' s permanent placement . N ._ �a 0, Catholic Charities - Senior Services o Request : $91 , 000 Recommendation : $34 , 000 Percentage : 37 % 0 �a E Catholic Charities in Fort Collins provides shelter and supportive services to vulnerable E populations , including services that allow low- income seniors age 60 and over to maintain self- W sufficiency . a� E Catholic Charities - The Mission Shelter a Request : $75 , 000 Recommendation : $43 , 000 Percentage : 57 % Q Catholic Charities provides shelter, food , case management , resource navigation , benefits application assistance , and transitional housing help in support of the homeless and near homeless . 2 Packet Pg . 290 19 . 1 Center for Family Outreach Request : $24 , 128 Recommendation : $ 12 , 000 Percentage : 50 % 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 . 0 ChildSafe Colorado y N Request : $46 , 500 Recommendation : $28 , 000 Percentage : 60 % o U. a ChildSafe provides comprehensive outpatient treatment to victims of childhood abuse , primarily > sexual abuse , and their non -offending family members . a E 0 Colorado Health Network — Northern Colorado AIDS Project Request : $ 7 , 500 Recommendation : $4 , 000 Percentage : 53 % c 00 NCAP strives to meet the needs of people affected by HIV and other health conditions through o prevention , care and advocacy . c a� Crossroads Safehouse E E Request : $58 , 203 Recommendation : $37 , 832 Percentage : 65 % U Crossroads Safehouse operates a domestic violence shelter providing emergency housing , crisis intervention and other services and outreach . c 15 c Disabled Resource Services UM Request : $36 , 830 Recommendation : $24 , 940 Percentage : 68 % y a� 0 a 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 o independence , dignity and equality . N �a 0, Early Childhood Council of Larimer County o Request : $ 14 , 415 Recommendation : $5 , 600 Percentage : 39 % 0 �a E ECCLC works to improve services for children and families by supporting early childhood E educators , building expertise , and working collaboratively to support all young children . M c a� Easter Seals Colorado M U Request : $ 10 , 000 Recommendation : $3 , 000 Percentage : 30 % Q 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 . 3 Packet Pg . 291 19 . 1 Elderhaus Adult Day Program Request : $55 , 000 Recommendation : $30 , 000 Percentage : 55 % Elderhaus provides therapeutic daytime programs for adults with disabilities : Down syndrome , Cerebral Palsy , dementia , traumatic brain injuries , etc . a, T 0 N Family Housing Network of Fort Collins U Request : $ 33 , 400 Recommendation : $25 , 191 Percentage : 75 % a m 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 . 0 U Food Bank for Larimer County - Kids Cafe T Request : $30 , 000 Recommendation : $24 , 318 Percentage : 81 % 00 (n c Kids Cafe 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 . E 0 Health District of Northern Larimer County Request : $24 , 000 Recommendation : $8 , 000 Percentage : 33 % �a 0i The Health District works to enhance the health of the community by encouraging healthy living , 15 providing direct care services , and leading community efforts to improve care . Um 0i c Homeward Alliance y 0 Request : $ 35 , 000 Recommendation : $31 , 500 Percentage : 90 % a N Homeward Alliance provides ten programs that offer a continuum of services to individuals and o families who are homeless or at- risk of becoming homeless . N ._ Ca 0) Homeward Alliance — Murphy Center o Request : $35 , 000 Recommendation : $31 , 500 Percentage : 90 % 0 �a E Homeward Alliance manages and operates the Sister Mary Alice Murphy Center for Hope . In E addition to the programs of Homeward Alliance , they provide oversight of the facility and the W programs that provide services to people who are homeless or at-risk of becoming homeless . a� E Jacob Family Services a Request : $25 , 000 Recommendation : $0 Percentage : 0 % Q The Jacob Center supports youth with therapeutic services and treatment as they heal from trauma . 4 Packet Pg . 292 19 . 1 Larimer County Partners Request : $ 15 , 000 Recommendation : $7 , 000 Percentage : 47 % Partners Mentoring Youth supports mentoring relationships between positive adult role models T and youth facing challenges in their personal , social and academic lives . N 0 N Light of the Rockies Christian Counseling Center o Request : $25 , 000 Recommendation : $0 Percentage : 0 % Light of the Rockies provides mental health outpatient care for individuals , families and couples . 0 U Meals on Wheels for Fort Collins M T Request : $38 , 000 Recommendation : $29 , 500 Percentage : 78 % o 0 c Meals on Wheels provides hot , noontime meals delivered to homebound seniors and persons with O 0z ca disabilities unable to safely prepare their own meals . a� E Neighbor to Neighbor - Homelessness Prevention o U Request : $ 140 , 000 Recommendation : $ 126 , 000 Percentage : 90 % W MO �a 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 15 affordable , sustainable rental housing . Um a, c Neighbor to Neighbor - HomeShare Cn Request : $50 , 000 Recommendation : $25 , 000 Percentage : 50 % N Neighbor to Neighbor' s HomeShare program supports the affordable housing needs in Fort Collins o by facilitating renter matches with senior homeowners seeking a shared housing experience . N �a 0, Project Self-Sufficiency o Request : $ 35 , 000 Recommendation : $29 , 500 Percentage : 84 % ° �a E Project Self- Sufficiency assists single parent families to become self-sufficient through career E planning , wrap around services and support that removes barriers and empowers parents to in complete education and training goals . a� E Project Smile Corporation Request : $ 15 , 000 Recommendation : $0 Percentage : 0 % Q Project Smile provides dental and vision screenings and follow- up care to PSD children . 5 Packet Pg . 293 19 . 1 Respite Care Request : $40 , 000 Recommendation : $36 , 000 Percentage : 90 % Respite Care provides short-term care for children with developmental disabilities and other o supportive services that provide respite for families . Support is available 24/7 all year for N children from infancy to age 21 . 0 N O V 0 U. a Sexual Assault Victim Advocate Center - Victim Services a� Request : $ 50 , 000 Recommendation : $29 , 000 Percentage : 58 % a E SAVA provides crisis intervention , advocacy and counseling to all those affected by sexual violence . v M T Sexual Assault Victim Advocate Center - Prevention Education Request : $50 , 000 Recommendation : $20 , 000 Percentage : 40 % c 0 �a 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 E disclose they are victims . o U aD W MO SummitStone Health Partners - Community Behavioral Health Treatment Request : $35 , 000 Recommendation : $ 17 , 500 Percentage : 50 % 15 c SummitStone provides services for behavioral health prevention , intervention and treatment . Um This program provides intensive case management and therapeutic services with housing assistance for low-to - moderate income people with severe mental illness and severe y substance use disorders . a a� SummitStone Health Partners - Mental Health Services at Murphy Center o Request : $30 , 000 Recommendation : $ 15 , 000 Percentage : 50 % N ._ Ca SummitStone provides services for behavioral health prevention , intervention and treatment . This program offers behavioral health treatment (case management , mental health and o addiction counseling ) for clients of the Murphy Center offering a one -stop option . �a E Teaching Tree Early Childhood Learning Center N Request : $ 82 , 000 Recommendation : $73 , 800 Percentage : 90 % as E Teaching Tree provides accessible and affordable early childhood care and education programs U that teach children skills to lower their risk factors and begin kindergarten with social , emotional Q and academic skills to allow them to learn . 6 Packet Pg . 294 19 . 1 TEAM Wellness and Prevention Request : $25 , 700 Recommendation : $0 Percentage : 0 % TEAM Wellness & Prevention promotes healthy lifestyles among youth through substance abuse prevention . o N N N The Family Center / La Familia o U. Request : $ 50 , 000 Recommendation : $45 , 000 Percentage : 90 % , The Family Center / La Familia provides services to help strengthen and stabilize low- income a families through affordable child care for infants , toddlers and preschool -aged children , parent o and community enrichment programs and adult education . v M T The Growing Project 00 Request : $ 19 , 500 Recommendation : $8 , 000 Percentage : 41 % o �a The Growing Project' s goal is to address food insecurity in Fort Collins through programming focused on hands-on education , food production , and food distribution . E O U aD The Matthews House W MO Request : $ 35 , 000 Recommendation : $23 , 644 Percentage : 68 % a a, c The Matthews House empowers young adults and families in transition to navigate difficulties on 15 the road to self-sufficiency; many have been in foster care , justice system , generational poverty , etc . LL a, c N The Salvation Army a Request : $20 , 000 Recommendation : $7 , 000 Percentage : 35 % N C O The Salvation Army in Fort Collins offers a variety of programs to support human service needs CU 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 . a, L O Turning Point ° Request : $30 , 000 Recommendation : $ 15 , 000 Percentage : 50 % E E W 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 . U �a Q 7 Packet Pg . 295 19 . 1 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 WomenGive program provides childcare scholarships to single mothers . o N N N United Way of Weld County o L Request : $25 , 000 Recommendation : $ 11 , 250 Percentage : 45 % , UWWC develops and supports programs that improve lives and catalyze social change and a serves as the fiscal agent for Coordinated Assessment and Housing Placement System o ( CAHPS ) efforts in Fort Collins . v M T Voices Carry Child Advocacy Center 00 Request : $ 30 , 500 Recommendation : $20 , 226 Percentage : 66 % o 0Z <a 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 . o a� Volunteers of America - Handyman Program Request : $ 9 , 225 Recommendation : $5 , 000 Percentage : 54 % 15 c The Fort Collins VOA provides services to seniors ( 60 + ) who are frail and/or home - bound to LL help them remain healthy , safe , socially connected and independent . The Handyman program c offers VOA clientele safety- related home modifications and repairs utilizing volunteers . a a� Volunteers of America - Home Delivered Meal Service N C Request : $ 35 , 004 Recommendation : $22 , 753 Percentage : 65 % 0 ca N ._ The Fort Collins VOA provides services to seniors ( 60 + ) who are frail and/or home - bound to ca help them remain healthy , safe , socially connected and independent . The meal delivery p program offers weekly boxed meals or frozen meals and nutrition risk assessments , nutrition o education/counseling , information/referral to community resources , etc . �a E E Cn c as E U �a Q 8 Packet Pg . 296 ATTACHMENT 2 19 2 Costlow, Catherine Subject: FW: AHB Remarks TOM o� 0 N N Cn d V O L IL The board feels that all three projects are worth of funding. We ranked as follows and for the following reasons: E # 1 HO-3 Volunteers of America- Senior Residences at Spring Creek U • We are excited to see a developer returning after a long hiatus to develop affordable housing in Fort c,; Collins TOM • Despite the location concerns raised at the meeting, we feel the location is good and that many of 00 the concerns will be addressed through CHFA (from an environmental standpoint) and the planning a and zoning process c • CHFA is partnering with some great service components that will really enhance the quality of living c for residents Q • 55 new affordable rental units help to meet our strategic goal of increasing affordable units .y # 2 HO-2 Villages, Ltd-Myrtle Street SRO Rehab c • This project serves a population that is challenging to house = • Despite not submitting a capital needs assessment, this rehabilitation appears to exceed what an earlier assessment indicated. The improvements are comprehensive and should cover the next 20 years. We are impressed with the thoughtful design and that they included input from residents m0 • The preservation of 15 units helps to meet our strategic goal of preserving existing affordable a, housing inventory =.N _ #3 HO-i Fort Collins Habitat for Humanity-Poudre Build = • This one is not last because we felt it any less important than the others, merely that it is the only Z one that qualifies for CHDO funds. We feel it should be fully funded. • Habitat is always a good partner and the school collaboration aspect of this project is truly w wonderful Q • This is the only homeownership affordable developer at this time • i new affordable homeownership unit helps to meet our strategic goal of increasing affordable units. a _ �a 'L KUR 'L a Jennifer R. Bray Loan Officer J N1biLS 98o758 NO � Dirept o. � Cornerstone - 9i 797.3r +� Cell: 9M290#4i71 HOME LENDING. WC. a E-fax: 866.8 !� 49• 6]'; n28u9 F. NusrwnF Rteod_ ��nd flcxir :,. jbray�:houseloanxom Pact Collicv, Colorado 80528 i iceo•ed to Colorado and Wymning- 1 Packet Pg . 297 Human Services Priorities Distribution of FY19 Recommended Funding ATTACHMENT 3 Tmm cm Diversity, Inclusion & Access Workforce Development 3 % $ 28 , 940 0 am 4 % $ 40 , 500 Healthy Food = 4% $ 47,071 - Care - Giving Services - 00 7 % $ 76, 500 Housing Opportunity & ' Stability - 32 $ 339, 441 ' co Early Childhood Education, Childcare & Youth Services 24% U. • Cn $ 262 , 044 Mental & Cu ma U. 4. Behavioral Health 26% $ 273 , 521 Total Available : $ 1, 068, 017 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 - Cu Packet 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 aCare -Giving (Senior) priority, with Healthy Food as its secondary priority . . g ATTACHMENT 4 19.4 Scorecard Rankings for 2019 Human Service Proposals Agency Project 4$355000 $319500 MMENDED c NDING C M LL r C MO Y 00 RANKING SCORE - 90 Total `m `••� a Teaching Tree Early Childhood Learning Q 1 85.78 Center Childcare Scholarships 3,$UU 90% 0 Q 2 83.78 Neighbor to Neighbor Homelessness Prevention 4• 9 g Programs 269000 90% Q 3 82.16 Homeward Alliance Murphy Center Programs o d 9or 4 81 .62 Respite Care Childcare Scholarships p p $405000 $369000 90°r = 5 $1 .56 The Family Center / La Familia Supporting Fort Collins Families $505000 $459000 90° cy 6 81 .06 Homeward Alliance Homeward Alliance Programs ,L 9 $355000 $319500 90% � 7 79.83 Project Self-Sufficiency Selfpower Program to Self- Ic ° V Sufficiency $355000 $299500 84 /0 8 79.37 Faith Family Hospitality Family Housing Project $335400 $255191 75% C 9 78.69 Food Bank for Larimer County Kids Cafe $305000 $249318 81% 10 78.58 Meals on Wheels for Fort Collins Meal Delivery Program $385000 $299500 78% 11 77.67 Disabled Resource Services Access to Independence $365830 $249940 68°io a W 12 76.83 Catholic Charities The Mission Shelter $755000 $439000 57% N 13 76.12 Sexual Assault Victim Advocate Center Sexual Assault Victim Services $505000 $299000 580/0 14 75.94 Voices Carry CAC Forensic Services - Interviews ° Q & Advocacy $305500 $209226 66 /e Q 15 75.40 B.A.S.E Camp Childcare Scholarships $705000 $509000 71% Q L 16 75.28 Catholic Charities Senior Services $915000 $349000 37% d 17 75.23 Neighbor to Neighbor HomeShare N 9 9 $505000 $259000 so°io N C� 18 74.83 The Matthews House Empowering Youth Program $355000 $239644 68% 19 74.78 CASA of Larimer Count Court Appointed Special 4) y Advocates $525558 $349163 650/0 20 74.56 CASA of Larimer County Harmony House Supervised ° Visitation Program $495032 $319800 65 /0 = 21 74.06 Volunteers of America Handyman Program ° $99225 $59000 54 /0 22 74.00 Boys & Girls Clubs Building Great Futures for Fort M y Collins $355000 $219000 60% _ 23 73.94 Volunteers of America Home Delivered Meal Service o L $355004 $229753 6s /o Q w 24 73.18 Crossroads Safehouse Advocacy Project ° $585203 $379832 65 /o = 25 71 .17 TurningPoint Crisis Intervention Services Q $309000 a$159000 50% 'N 26 71 .16 Elderhaus Adult Day Program Community Based Program $559000 $309000 55% N 27 7D.11 ChildSafe Child Sexual Abuse Treatment ,E Program $465500 $289000 60% E Imperative Mental Health Q 28 70.00 SummitStone Health Partners Services - at the Murphy Center $305000 $159000 50% V /^ 29 69.78 Center for Family Outreach Crisis Intervention Specialist $245128 $129000 50% V m 30 69.70 Larimer County Partners One to One Mentoring $155000 $79000 47% a (U m 31 69.25 The Salvation Army Re & Utility Assistance $205000 $7,000 35% Q 32 67.17 SummitStone Health Partners Com. Beh. Health Treatment Program $355000 $179500 so°/o 4 ' 33 66.62 Health District of Northern Larimer CAYAC School Navigator o Q County $24,000 $8,000 33 /o to 34 62.94 The Growing Project Educational Farm 0 $199500 $89000 41% Q 35 62.61 United Way of Weld County Coordinated Assessment & Y Housing Placement System $259000 $119250 45% 36 62.06 Sexual Assault Victim Advocate Center SAVA Prevention Education $509000 $209000 40% 37 61 .22 Easter Seals Colorado Fort Collins Employment Services $109000 $39000 30% 38 61 .11 A Little Help A Little Help in Fort Collins $409000 $179000 43% t..1 Q 39 61 .00 United Way of Larimer County WomenGive ° L..$1Q,000 $0 0 % Q 40 60.50 Colorado Health Network - NCAP Northern Colorado Health ° t..1 Network $79500 $49000 53 /0 Cn Early Childhood Council of Larimer Expanding Professional , 41 59.56 Possibilities in Early Childhood f+ County (EPPEC) $145415 $5,600 39% C 42 55.83 Alliance for Suicide Prevention Suicide Prevention Education $105000 $5,000 50% 43 51 .56 Project Smile Corporation Dental & Vision Screening for ° PSD Children $155000 $0 0 % 44 51 .17 Light of the Rockies Christian Low-Income Counseling Counseling Center Assistance $255000 $0 0% 45 48.33 TEAM Wellness & Prevention Engaging Families $255700 $0 0% National Youth Program Using 46 46.67 Jacob Family Services MiniBikes Youth Participation Fund $255000 a$0 0% 47 46.39 Bike Fort Collins Active Living Program $755000 $0 00/0 TOTAL: $15827,495 $15068,017 580/ Packet Pg . 299 19 .4 Evaluation & Deliberation Methodology Competitive Process 2019 Scorecards • Each Human Services proposal was evaluated with a scorecard by each Commissioner . o • Included 9 weighted scoring criteria ( below ) , which were aligned with application 00 questions , and assigned 0 - 3 points by each Commissioner . o • Each Commissioner was required to individually propose their own funding amount o for each proposal so that they were evaluating from a balanced budget perspective . a • Each Commission member was required to individually indicate their favor or CU disfavor for funding each proposal ( Yes/ No ) . L U Evaluation Criteria o CU • Alignment with the Social Sustainability Department' s Strategic Plan & Priorities • Measurable outcomes and consequential benefits to clients w • Responsiveness to needs and problems in Fort Collins y • Extent that the program primarily serves low - income clients $ • Collaboration and leverage with other partners a • Budget appropriateness , clarity and effectiveness W • Organizational health and history of success • Direct or indirect aid to economic, environmental and social equity interests in n the community ( Triple Bottom Line ) CU • Internal validation and importance = L O Ranking o • Standard deviation and individual score averaging were evaluated by City staff, with a determination made not to normalize or adjust the scores . • Average scores were placed in descending ranked order, with natural breaks identified within the scores . m 0 U Protocol • Baseline dollar amounts and datapoints were displayed at the funding deliberation meeting on April 24 to initiate discussion , and were not alone determinative : • Potential funding amounts established by pre - determined percentages ( applied to requested funding amount ) were applied to the color bands . ( Green-85 % , Blue-60 % , Orange-40%, Red—O % ) U • Average , proposed funding amounts from the 9 Commission member scorecards . • The favor and disfavor for funding each proposal were documented from the 9 Commission member scorecards and displayed in aggregate . • Commission began funding discussion at the top of the ranking list and moved down . U • Proposals could be revisited and budget line - items could be specified for funding . a • Color band percentages could be evaluated and adjusted for appropriateness . • Proposals with 3 + ' No ' recommendations were noted for potential detailed discussion . Packet Pg . 300 ATTACHMENT 5 19 . 5 MINUTES For Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions CDBG COMMISSION SPECIAL MEETING vvednesday , April 24 , 2019 5 : 15pm 222 Laporte Avenue Colorado River Meeting Room , First Floor 1 . CALL TO ORDER & ROLL CALL At 5 : 26 PM the meeting was called to order by Amy Dondale . o N • COMMISSION MEMBERS PRESENT : y U o Serena Thomas a o Olga Duvall > o Margaret Long a o Sara Maranowicz 0 o Steve Backsen M T o Joshua Johnson 00 o Pat Hastings o N o Amy Dondale N o Anita Basham L Q • COMMISSION MEMBERS ABSENT : _ o None = • STAFF MEMBERS : 0 .y N o Adam Molzer, Staff Liaison — City of Fort Collins E E o Beth Rosen , Social Sustainability — City of Fort Collins 0 U o Beth Sowder, Social Sustainability — City of Fort Collins m 0 o Janet Freeman , Social Sustainability — City of Fort Collins o Rob Hope , Social Sustainability — City of Fort Collins E o Dianne Tjalkens , Social Sustainability — City of Fort Collins U Q 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 . 04 / 24 / 2019 — Minutes Page 1 Packet Pg . 301 19. 5 MINUTES xwjFort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions CDBG COMMISSION SPECIAL MEETING 2 , AGENDA REVIEW Ms . Dondale reviewed the agenda with the Community Development Block Grant Commission ( " CDBG " ) . The Commission accepted the agenda without modification . o N 3 . UNFINISHED BUSINESS None 0 0 L 4 . NEW BUSINESS Ms . Dondale opened discussion for the deliberations to formulate funding recommendations . Ms . Dondale stated that the Commission has agreed that each a application is open for discussion . Ms . Dondale asked the Commission members to make o a motion for dollar amounts as they proceed and motions will be discussed , as needed , 0 11 after the motion has been seconded . Friendly amendments are allowed but must be r agreed to by the person that puts forth the initial motion . 00 Housing ( HO ) N HO - 1 Habitat for Humanity-Poudre Building #6 N Mr . Johnson motioned to be funded at $80 , 000 , seconded by Ms . Duvall . Q The motion passed unanimously 9 -0 . HO -2 Villages LTD - Myrtle Street SRO Motion to fund by Ms . Bashman at $ 500 , 000 . Seconded by Mr . Backsen . The motion passed unanimously 9 -0 . N HO -3 . VOA - Senior Residences at Spring Creek E Ms . Long motioned to fund at $ 1 , 400 , 000 . Seconded by Ms . Dondale . c°� Discussion : Mr . Johnson asked confirmation of the total available funds at $ 1 , 980 , 000 . Ms . Rosen clarified that there is $ 2 , 216 , 018 available . $236 , 018 more funding than requested . The motion passed unanimously 9-0 . Ms . Dondale made a motion to approve the Funding Matrix for " Housing " . Seconded by Ms . Long . The motion passed unanimously 9-0 . Q Human Services ( HS ) Mr . Molzer provided a review of the evaluation process and funding deliberation protocol developed by the Commission . Federal funding amounts were confirmed by HUD and all funding amounts available for recommendation are finalized . If there are unspent funds , those dollars will be carried over to the FY2020 . Mr . Molzer shared that score standard deviations were evaluated and that adjustment to scores was not necessary . Four natural breaks were determined in the rankings . Funding bands are 04 / 24 / 2019 — Minutes Page Packet Pg . 302 19. 5 MINUTES xwjFort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions CDBG COMMISSION SPECIAL MEETING being displayed at 85 % ; 60 % , 40 % , 0 % 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 . Each proposal displayed included : the average score from the 9 Commission members , the average funding recommendation provided by the 9 Commission members , the tally o of favor or disfavor of funding from the 9 Commission members , and the proposed funding amount based on the ranking band percentages . The dollar amounts displayed are not determinative and all data points are baseline determinations available for o discussion . a Ms . Basham asked if the commission would be voting by block or each one ? Mr. Molzer Q answered that they would be addressed one by one . Mr . Hastings asked how 3 or 5 " No " o recommendations will be discussed . Ms . Thomas suggested that each proposal be V discussed as they come up as opposed to beginning discussion with the " No " on the M commission forms . Ms . Basham agreed . Ms . Dondale proposed that all CD applications with more than 3 " No " recommendations be discussed . The Commission discussed if there should be a cut-off of 5 or 3 votes regarding discussion . The o commission determined that they will discuss each application as required . Mr. Molzer confirmed the final dollar amount $ 1 , 068 , 017 . N L GREEN SCORE BAND : HS -36 , 27 , 22 , 31 , 38 , 21 a HS -36 Teaching Tree = Motion by Ms . Maranowicz for $ 70 , 000 . Seconded by Ms . Basham . Mr . Johnson asked if Teaching Tree should receive full funding because of high scoring by the commission . Mr. 2 Johnson declined to make a friendly amendment . Discussion of funding as regarding to y scores followed . The Commission discussed how full funding will impact the lower-scoring E applicants . Mr . Johnson supported $ 70 , 000 . Motion passed unanimously 9-0 . 0 HS -27 Neighbor to Neighbor — Homelessness Prevention o Motion by Mr . Backsen motion for $ 113 , 000 . Seconded by Ms . Long . The motion passed on unanimously 9 -0 . E HS -22 Homeward Alliance — Murphy Center Programs Motion by Ms . Long to fund at $ 30 , 553 . Seconded by Ms . Duvall . Motion passed Q unanimously 9-0 . HS -31 Respite Care Motion by Ms . Basham for $ 30 , 826 . Seconded by Ms . Long . Friendly amendment by Mr . Backsen to fund at $ 32 , 607 , accepted by Ms . Basham . Friendly amendment by Ms . Thomas for $ 34 , 000 . Question of who owns the motion . Discussion of whether high score should warrant 85 % . Friendly amendment accepted by Ms . Basham . Motion passed 8 - 1 . Opposed by Ms . Dondale . 04 / 24 / 2019 — Minutes Page Packet Pg . 303 19. 5 MINUTES xwj o Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions CDBG COMMISSION SPECIAL MEETING HS -38 The Family Center Motion by Mr . Johnson to fund at $42 , 500 , seconded by Ms . Duvall . The motion passed unanimously 9 -0 . TOM HS -21 Homeward Alliance - Homeward Alliance Programs . 4 Cn Motion by Ms . Duvall to fund at $29 , 750 , seconded by Ms . Long . The motion passed W unanimously 9-0 . o a a Discussion of funding matrix led by Mr . Molzer . The Commission discussed funding a percentages along bands ( blue , orange , dark orange ) . Mr . Molzer explained that there o was a procedure in case of over expended recommended funds , but not in regard to unexpended funds . r 0 00 Motion to reset the blue band proposed funding amounts at 65 % by Ms . Thomas as potential funding for discussion . Seconded by Mr. Hastings . Motion passed 7 -2 . N Opposed by Mr. Johnson and Ms . Long . N Ms . Dondale called for a five - minute break . Called back to order by Ms . Dondale at 6 . 30 Q pm . BLUE SCORE BAND : HS 2 % 189 199 26 , 14 , 99 32 , 459 3 , 89 28 , 40 , 69 79 469 59 47 , 13 0 .y N HS -29 Project Self-Sufficiency. E Motion to fund at $ 28500 by Mr . Johnson , seconded by Mr. Backsen . c°� The motion passed unanimously 9 -0 . m 0 HS - 18 Faith Family Hospitality on Motion to fund at $ 24 , 191 by Ms . Duvall . Seconded by Ms . Thomas . 0 Motion passed 8- 1 . Opposed by Ms . Dondale . CIO HS - 19 Food Bank for Larimer County a Motion to fund at $ 23 , 318 by Ms . Basham . Seconded by Ms . Long . Motion passed 8- 1 . Opposed by Ms . Dondale . HS -26 Meals on Wheels for Fort Collins Motion to fund by Mr . Backsen at $23 , 319 . Seconded by Ms . Duvall . Ms . Thomas proposed a friendly amendment to increase funding to $ 24 , 000 , which was accepted . The Commission discussed funding sources of the organization . A friendly amendment 04 / 24 / 2019 — Minutes Page 4 Packet Pg . 304 19. 5 MINUTES xwjFort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions CDBG COMMISSION SPECIAL MEETING was proposed by Ms . Long to increase funding to $ 35 , 000 . The friendly amendment was declined . A friendly amendment was proposed by Ms . Long for $ 28 , 500 and agreed to by Mr . Backsen . The Commission discussed funding and revenue sources . Motion passed 5 -4 . Opposed by Ms . Thomas , Mr . Johnson , Ms . Maranowicz , Ms . Duvall . o N HS - 14 Disabled Resource Services Motion to fund at $ 23 , 940 by Ms . Duvall . Seconded by Ms . Dondale . o The motion passed 7 -2 . Opposed by Ms . Long and Mr . Backsen a ° HS -9 Catholic Charities the Mission Shelter Motion to fund at $48 , 750 by Ms . Duvall . Seconded by Ms . Maranowicz . Friendly amendment proposed by Ms . Dondale to fund at $42 , 000 . Ms . Duvall agreed to the ° U friendly amendment . The motion passed 8- 1 . Opposed by Ms . Long • • CM T HS -32 Sexual Assault Victim Advocate Center — Victim Services 00 Motion to fund at $ 28 , 000 by Ms . Dondale . Seconded by Ms . Long . The motion passed unanimously 9 -0 . CD HS -45 Voices Carry CAC N L Motion to fund at $ 20 , 000 by Ms . Thomas . Seconded by Ms . Maranowicz . The Q Commission discussed the level of funding in regard to the Commission average . The Commission also discussed the sources of funding . The motion passed unanimously 9 -0 . HS -3 B . A. S . E . Camp Motion to fund at $ 50 , 000 by Ms . Duvall . Seconded by Ms . Long . The motion passed unanimously 9 -0 . E HS -8 Catholic Charities Senior Services ° U Motion to fund at $40 , 000 by Ms . Duvall , with no second . m Motion to fund at $ 34 , 000 by Mr . Johnson . Seconded by Ms . Long . The Commission o discussed collaboration with other organizations . on Motion passed 8- 1 . Opposed by Ms . Thomas . E HS -28 Neighbor to Neighbor Home Share . U Motion to fund at $ 19 , 000 by Mr . Johnson . Seconded by Ms . Maranowicz . The Q Commission discussed the importance of the program to Fort Collins and the Commission ' s " no " votes . A friendly amendment was proposed to raise funding to $251000 by Ms . Duvall . Agreed to by Mr . Johnson . Motion passed 8 - 1 . Opposed by Ms . Basham . HS -40 . The Matthews House Empowering Youth Program . Motion to fund at $ 23 , 644 by Ms . Basham . Seconded by Ms . Long . Motion passed 8- 1 . Opposed by Ms . Thomas . 04 / 24 / 2019 — Minutes Page Packet Pg . 305 19. 5 MINUTES xwj o Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions CDBG COMMISSION SPECIAL MEETING HS -6 . CASA of Larimer County Motion to fund at $ 34 , 163 by Ms . Maranowicz . Seconded by Ms . Thomas . Motion passed 8- 1 . Opposed by Ms . Long . 0 HS -7 CASA of Larimer County - Harmony House 4 Cn Motion to fund at $ 31 , 800 by Ms . Dondale . Seconded by Ms . Thomas . W Motion passed 7 -2 . Opposed by Mr . Johnson and Ms . Long . o a a HS -46 Volunteers of America - Handy Man '- Motion to fund at $ 5 , 000 by Ms . Duvall . Seconded by Mr. Backsen . The Commission a discussed whether the 3 or more " No" votes should be discussed . Commission members E offered reasons for and against funding . A friendly amendment proposal to change funding 00 to $4 , 000 was offered by Mr . Johnson and was agreed to by Ms . Duvall . The Commission M inquired of the staff the levels of funding required for applicants to comply with grant 00 requirements . Ms . Duvall withdrew agreement to $4 , 000 and the motion was returned to $ 5 , 000 . The staff explained discrepancies between minimum funding request , federal and o local funding . Motion passed 7 -2 . Opposed by Ms . Bashan and Ms . Long . N HS -5 Boys and Girls Club . a Motion to fund at $ 21 , 000 by Mr . Johnson . Seconded by Ms . Dondale . The Commission discussed sliding fee scales for members and the amount of funding versus other applicants based on percentages . Motion passed 8- 1 . Opposed Ms . Thomas . _ HS -47 . Volunteers of America - Home Delivered Meal Services g Motion to fund at $ 30 , 000 by Mr . Backsen . Seconded by Ms . Long . Friendly amendment y by Ms . Maranowicz to fund at $22 , 753 , which was declined . Friendly amendment to $27 , 539 by Mr . Hastings , which was accepted . Motion failed 3 -6 . Opposed by Ms . 0 Thomas , Ms . Basham , Mr. Johnson , Ms . Duvall , Ms . Long , Ms . Maranowicz . m 0 HA- 13 Crossroads Safehouse . Motion to fund at $ 37 , 832 by Ms . Duvall . Seconded by Ms . Dondale . Motion passed 8- 1 . Opposed by Mr . Backsen . E U CIO HS -47 . Volunteers of America - Home Delivered Meal Services Q Motion to fund at $ 22 , 753 by Ms . Duvall . Seconded by Ms . Maranowicz . Motion passed 7 -2 . Opposed by Ms . Long and Mr. Backsen . Ms . Dondale called for a five - minute break . Called back to order by Ms . Dondale at 7 : 45pm . 04 / 24 / 2019 - Minutes Page 6 Packet Pg . 306 19. 5 MINUTES xwj o Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions CDBG COMMISSION SPECIAL MEETING Discussion to increase funding percent guidelines to 50 % ( Orange - Bright ) and 45 % ( Orange - Dark ) ; 90 % for green band . Motion to have proposals ranked between 25 - 33 apportioned at 50 % , 34 -41 apportioned at 45 % by Ms . Dondale . Seconded by Mr . o Johnson . The motion passed unanimously 9-0 . ORANGE ( BRIGHT) SCORE BAND : HS -42 , 17 , 11 , 35 , 10 , 24 , 41 , 34 , 20 0 a a HS -42 Turning Point '- Motion to fund at $ 15 , 000 by Ms . Duvall . Seconded by Mr. Johnson . a The motion passed unanimously 9 -0 . o U HS - 17 Elderhaus Adult Day Program M Motion to fund at $40 , 599 by Mr . Becksen . Seconded by Ms . Long . Friendly amendment proposed by Ms . Dondale of $ 30 , 000 . Not agreed to by Mr . Backsen . Motion failed 4 - 5 . Motion to fund at $ 30 , 000 by Mr . Johnson , Seconded by Ms . Dondale . o Motion passed 7 -2 . Opposed by Mr. Backsen and Ms . Long . N HS - 11 ChildSafe Q Motion to fund at $ 23 , 250 by Ms . Dondale . Seconded by Ms . Duvall . Friendly amendment Q proposed by Ms . Maranowicz to increase funding to $28 , 000 . Agreed to by Ms . Dondale . Motion passed 7 -2 . Opposed by Ms . Long and Mr . Backsen . _ HS -35 SummitStone Health Partners - Murphy Center 0 Motion to fund at $ 15 , 000 by Ms . Duvall . Seconded by Ms . Dondale . y The motion passed unanimously 9 -0 . 0 U HS - 10 Center for Family Outreach m Motion to fund at $ 12 , 000 by Mr . Johnson . Seconded by Ms . Duvall . o The motion passed unanimously 9 -0 . on _ 0 HS -24 Larimer County Partners E Motion to fund at $ 73000 by Ms . Dondale . Seconded by Mr . Backsen . The motion passed unanimously 9 -0 . Q HS -41 The Salvation Army Ms . Duvall recused herself. Motion to fund at $ 7 , 000 by Mr . Johnson . Seconded by Ms . Thomas . Motion passed 5 -3 . Opposed by Mr . Hastings , Ms . Maranowicz and Ms . Long . HS -34 Summit Stone Health Partners - Community Behavioral Health Treatment Motion to fund at $ 17 , 500 by Ms . Duvall . Seconded by Ms . Thomas . Motion passed 7 -2 . Opposed by Ms . Maranowicz and Ms . Long . 04 / 24 / 2019 - Minutes Page Packet Pg . 307 19. 5 MINUTES xwjFort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions CDBG COMMISSION SPECIAL MEETING HS -20 . Health District of Northern Larimer County . Motion to fund at $ 5 , 000 by Ms . Duvall . Seconded by Mr. Johnson . Motion failed 2 - 7 . Opposed by Mr . Hastings , Ms . Thomas , Ms . Basham , Ms . Dondale , Ms . Long , Mr . Backsen , Ms . Maranowicz . Motion to zero ($ 0 ) fund by Ms . Basham . Seconded by Ms . o Long . Motion failed 3 -5 . 1 abstained ( Mr. Hastings ) . Opposed by Ms . Thomas , Mr . Johnson , Ms . Dondale , Ms . Duvall , Ms . Maranowicz . Motion to fund at $2 , 500 by Mr. Johnson . Seconded by Ms . Duvall . Friendly amendment request by Ms . Dondale to fund o at $ 12 , 000 . Mr. Johnson did not agree to the friendly amendment . Motion to fund at , $2 , 500 failed 2 -7 . Opposed by Mr . Hastings , Ms . Thomas , Ms . Basham , Ms . Dondale , Ms . Long , Mr. Backsen , Ms . Maranowicz . Motion to fund at $ 8 , 000 by Ms . Thomas . a Seconded by Ms . Duvall . Motion passed 5 -4 . Final motion opposed by Ms . Basham , Mr . o Johnson , Ms . Long and Mr. Backsen . M Ms . Dondale called for a five - minute break . Called back to order by Ms . Dondale at a 8 : 51 pm . 0 N ORANGE ( DARK) SCORE BAND : HS -39 , 449 339 169 19 439 129 15 N L HS -39 The Growing Project N Motion to fund at $ 6 , 000 by Mr. Johnson . Seconded by Ms . Duvall . Friendly amendment by Ms . Dondale to increase funding to $ 8 , 000 . Agreed to by Mr. Johnson . The motion passed unanimously 9 -0 . _ 0 .y HS -44 United Way of Weld County Motion to fund at $ 11 , 250 by Ms . Maranowicz . Seconded by Ms . Duvall . Clarification from E City Staff, Ms . Sowder, regarding the City' s reallocation of direct homelessness funding c°� related to this program . Discussion continued regarding funding from Larimer and Weld m Counties . The motion passed unanimously 9-0 . HS -33 Sexual Assault Victim Advocate Center — Prevention Education Motion to fund at $ 20 , 000 by Ms . Duvall . Seconded by Ms . Dondale . Motion passed 6 -3 . Opposed by Ms . Basham , Ms . Maranowicz and Ms . Long . Q HS - 16 Easter Seals Colorado Motion to fund at $ 3 , 000 by Ms . Duvall . Seconded by Ms . Dondale . Motion passed 6 -3 . Commission members voting to oppose not documented . HS - 1 A Little Help Motion to fund at $ 17 , 000 by Ms . Duvall . Seconded by Mr . Backsen . Motion passed 8- 1 . Opposed by Ms . Maranowicz . 04 / 24 / 2019 — Minutes Page E Packet Pg . 308 19. 5 MINUTES xwj o Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions CDBG COMMISSION SPECIAL MEETING HS -43 United Way of Larimer County - WomenGive Motion to fund at $ 0 by Mr. Backsen . Seconded by Ms . Long . The motion passed unanimously 9 -0 . TOM HS - 12 Colorado Health Network 4 Cn Question to staff from Ms . Basham regarding office space of CHIN . Mr. Molzer responded that the NCAP office is in its own facility , not City-owned facility . Motion to fund at $4 , 000 0 by Ms . Dondale . Seconded by Ms . Long . , The motion passed unanimously 9 -0 . '- HS - 15 Early Childhood Council of Larimer County o Motion to fund at $ 53000 by Ms . Duvall . Seconded by Ms . Long . Friendly amendment V proposed by Ms . Dondale to adjust to $ 5 , 600 . Agreed to by Ms . Duvall . Discussion . M The motion passed unanimously 9 -0 . $5 , 600 designated for cultural competency training . 0 N RED SCORE BAND : HS -2 , 30 , 25 , 37 , 23 , 4 N HS -2 Alliance for Suicide Prevention Motion to fund $4 , 000 by Mr. Johnson . Seconded by Mr . Backsen . Friendly amendment N by Mr . Backsen to adjust funding to $ 5 , 000 and agreed to by Mr . Johnson . Ms . Duvall suggested that the commission recommend that funding go towards salary . Motion to amend the funding with $4 , 000 for salary and $ 1 , 000 for printed materials . Mr . Johnson = agreed , then rescinded amendment to restrict use of funds . Motion to fund at $ 5 , 000 passed 5-4 . Opposed by Ms . Thomas , Ms . Duvall , Ms . Maranowicz and Ms . Dondale . Ln E HS -30 Project Smile Corporation Motion to fund at $ 0 by Mr . Johnson . Seconded by Ms . Long . m Motion passed 7 -2 . Opposed by Ms . Dondale and Mr . Hastings . HS -25 Light of the Rockies Christian Counseling Center Motion to fund at $ 0 by Ms . Duvall . Seconded by Ms . Long . Motion passed 8- 1 . Opposed by Mr . Hastings . Q HS -37 TEAM Wellness and Prevention Motion to fund at $ 0 by Ms . Dondale . Seconded by Ms . Duvall . The motion passed unanimously 9 -0 . HS -23 Jacob Family Services Motion to fund at $ 0 by Ms . Duvall . Seconded by Ms . Long . The motion passed unanimously 9 -0 . 04 / 24 / 2019 - Minutes Page 9 Packet Pg . 309 19. 5 MINUTES xwjFort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions CDBG COMMISSION SPECIAL MEETING HS -4 Bike Fort Collins Motion to fund at $ 0 by Ms . Duvall . Seconded by Mr. Johnson . Motion carried 8 - 1 . Opposed by Ms . Maranowicz . o N N N d V O L All proposals were discussed and funding amounts recommended . Remaining balance of $ 31 , 223 . Discussion of whether to increase funding for the green band to 90 % , which would leave a remaining $ 7 , 226 available . a E O Motion made to fund proposals ranked 1 -6 (green band ) at 90 % by Ms . Dondale and � ? seconded by Mr . Johnson . The motion passed unanimously 9 -0 . r 0 00 The Commission discussed how to divide remaining $ 7 , 226 . Motion by Mr . Johnson to distribute remainder evenly between proposals ranked 7 - 14 . Seconded by Mr . Backsen . N Discussion . Amended to proposals ranked 7 - 13 . Friendly amendment to fund lines 7 - 13 an additional $ 1 , 000 each and remaining $ 226 going to # 14 . The motion passed N unanimously 9-0 . Q Ms . Dondale called for a five - minute break . Called back to order by Ms . Dondale at 10 : 05pm . _ Mr . Molzer reviewed the final funding matrix for Human Service proposals . N Motion to approve 2019 Human Services recommendations by Ms . Dondale . Seconded E by Ms . Thomas . The motion passed unanimously 9-0 . c°� m 5 . OTHER BUSINESS None . on _ 6 . NEXT MEETING a . Wednesday , May 8 , 2019 5 : 30pm 222 Laporte Ave , Colorado Room Q 7 . ADJOURNMENT • Meeting adjourned at 10 : 08 PM . 04 / 24 / 2019 — Minutes Page 10 Packet Pg . 310 1 City of 06-04-2019 Fort Collins � - Competitive Process Recommendations Adam Molzer — Social Sustainability Department cket - . 19 . 6 Fort ofown Competitive Process Recommendations N N O V O U. a m Overview a� of Grant ProcessE O 00 M T • Winter — Spring 2019 O nz • Affordable Housing & Human Services y .o • CDBG Commission Recommendation to Council O a c a� E U �a Q Packet Pg . 312 City of Fort Collins Competitive Process Recommendations 04 - Cn Cn STRATEGIC ALIGNMENT 00 - Cn CL CL Packet Neighborhood Livability & Social Health 1 . 1 & 1 . 2 SSD Strategic Plan Affordable Housing Strategic Plan 3 - . 19 . 6 Fort ofown Competitive Process Recommendations N N O V O U. a Funm • • Sourcea a E O Planning Source T Ir Total Funds Housing Human Services r / Admin 00 Federal nz o ( CDBG & HOME ) $ 231875930 $ 11699 , 925 $ 178 , 369 $ 309 , 636 Cn City $ 134145695 $ 525 , 047 $ 889 , 648 $ 0 ( General & KFCG ) Q L O Total $ 396029625 $ 2 , 2247972 $ 110687017 $ 3097636 E - - a Packet Pg . 314 19 . 6 Fort ofown Competitive Process Recommendations N N O V O U. a m Fun a� • • Categories O 00 M T Housing $ 2 , 224 , 972 O Human Service $ 110687017 Cn L Planning and Administration $ 3097636 .o L Total $ 33602 , 625 0 0 a c a� E U �a Q Packet Pg . 315 19 . 6 Fort ofpro Competitive Process Recommendations N N O V O U. a m Affordable Housing a a E O U M T 00 • 3 Project Proposals 4 AIL Cn 1 $ 1 . 98M Requested Q L L _ Recommend funding each proposal 100 % a. Packet Pg . 316 Competitive Process Recommendations - i h / / r, Z ` - Habitat for Humanity Villages , Ltd . Volunteers of America Poudre Build # 6 Myrtle Street SRO Senior Residences at Spring Creek $ 80 , 000 $ 500 , 000 $ 1 , 400 , 000 7 19 . 6 Fort ofpro Competitive Process Recommendations N N O V O U. a m a� Evaluation • • Human Services O U M T ` O 00 Oz /00000 Scorecards Average Criteria - Rules - Based by each Scores Based Deliberation FunRecommendation i Commissioner Tabulated Ranking Protocol O a c a� E U �a Packet Pg . 318 19 . 6 Fort ofpro Competitive Process Recommendations N N O V O U. a m > Human Services W a E 0 U t M T 47 Program Proposals00 �7 0 1 � s • $ 1 . 8M Requested Cn r Recommend funding 41 programs 0 a • Difference of $ 759 , 478 0 . a Packet Pg . 319 City of Fort Collins Competitive Process Recommendations 04 - Cn Cn Workforce Development Diversity, Inclusion & Access 4 % $ 40, 500 3 % $ 28 , 940 00 Cn CL CL Healthy Food 4% $ 47, 071 Care-Giving Services Human 7 % $ 76, 500 Housing Opportunity & Stability ervices 32 % $ 339 ,441 Priorities Early Childhood Education , Childcare & Youth Services 24 % $ 262 , 044 Mental & Behavioral Health 26% $ 273 , 521 10 19 . 6 Fort ofown Competitive Process Recommendations N N O V O U. a m a� Council Consideration . E O U M T • Resolution 2019 - 074 O • Ordinance No . 080 , 2019 y .o • Ordinance No . 081 , 2019 0 O a c a� E U �a Packet Pg . 321 RESOLUTION 2019-074 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 50 applications for the 2019 funding cycle, listened to presentations by the affordable housing applicants, and asked clarifying questions; and WHEREAS , on April 24, 2019, the CDBG Commission met to deliberate and prepare a recommendation to the City Council as to which programs and projects should be funded with FY2019 CDBG and HOME funds, FY2017 and FY2018 CDBG Unanticipated Program Revenue, and CDBG and HOME funds carried over from FY2018 , as well as City AHF and HSP funds; and WHEREAS, as required by HUD regulations, a 30 -day comment period began on May 4 , 2019 and ended on June 4, 2019 ; and WHEREAS , the City Council has considered the recommendations of the CDBG Commission and has determined that the City' s 2019 allocation should be made as set out in this Resolution. - 1 - Packet Pg . 322 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 Recommended Unfunded Percent of Request Funding Balance Request Funded City of Fort Collins : CDBG $ 2379725 $ 2371725 $0 100% Administration/Planning City of Fort Collins : HOME $ 71 ,911 $ 71 , 911 $0 100% Administration/Planning Administration/Planning Total $ 309 , 636 $ 309 , 636 $0 100% Housing Cate or Applicant Project/Program Funding Commission ' s Unfunded Percent of Request Recommended Balance Request Funding Funded Habitat for Humanity: Poudre Build $ 80,000 $ WOW $0 100% #6 Villages, Ltd : Myrtle Street SRO $ 5009000 $ 500,000 $0 100% Volunteers of America: Senior $ 114001000 $ 1 ,400,000 $0 100% Residences at Spring Creek Housing Total $ 119801000 $ I ,980,000 $0 100% Human Service Category Applicant Project/Program Funding Commission ' s Unfunded Percent of Request Recommended Balance Request Funding Funded A Little Help : A Little Help in Fort $ 40,000 $ 17 ,000 $ 23 ,000 43 % Collins Alliance for Suicide Prevention: $ 109000 $ 5 ,000 $ 5 ,000 50% Suicide Prevention Education B .A. S .E . Camp : Childcare $ 70,000 $ 50 , 000 $ 20, 000 71 % Scholarships Bike Fort Collins : Active Living $ 75 ,000 $ 0 $ 75 , 000 0% Program Boys & Girls Clubs of Larimer $ 35 ,000 $ 21 ,000 $ 14 , 000 60% County: Building Great Futures for Fort Collins -2- Packet Pg . 323 Applicant Project/ Program Funding Commission ' s Unfunded Percent of Request Recommended Balance Request Funding Funded CASA Program: Court Appointed $ 529558 $ 34, 163 $ 185395 65 % Special Advocates CASA Program: Harmony House $ 49 , 032 $ 31 , 800 $ 171232 65 % Supervised Visitation Catholic Charities : Senior Services $ 91 ,000 $ 34,000 $ 57 ,000 37% Catholic Charities : The Mission $ 75 ,000 $ 43 ,000 $ 32 ,000 57% Shelter The Center for Family Outreach: $ 24, 128 $ 125000 $ 125128 50% Crisis Intervention Specialist ChildSafe Colorado : Child Sexual $ 46 , 500 $ 28 ,000 $ 18 , 500 60% Abuse Treatment Program Colorado Health Network: Northern $ 7 , 500 $ 4, 000 $ 3 , 500 53 % Colorado Health Network CAP Crossroads Safehouse : Advocacy $ 58 ,203 S 37 , 832 $ 20 , 371 65 % Pro ' ect Disabled Resource Services : Access to $ 36 , 830 $ 24 , 940 $ 111890 68 % Independence Early Childhood Council of Larimer $ 14 ,415 $ 5 , 600 $ 8 , 815 39 % County: Expanding Professional Possibilities in Early Childhood Easter Seals Colorado : Fort Collins $ 10,000 $ 3 ,000 $ 7,000 30% Employment Services Elderhaus Adult Day Program: $ 55 , 000 $ 30, 000 $ 25 , 000 55 % Community Based Therapeutic Care Family Housing Network: Family $ 33 ,400 $ 25 , 191 $ 8,209 75 % Housing Project Food Bank for Larimer County: Kids $ 30,000 $ 24, 318 $ 5 , 682 81 % Cafe Health District of Northern Larimer $ 24 , 000 $ 8 , 000 $ MAO 33 % County: CAYAC School Navigator Homeward Alliance : Homeward $ 35 ,000 $ 31 , 500 $ 3 , 500 90 % Alliance Programs Homeward Alliance : Murphy Center $ 35 ,000 $ 31 ,500 $ 3 ,500 90% Programs Jacob Family Services : National $ 25 ,000 $0 $ 25 ,000 0% Youth Program Using MiniBikes Youth Participation Fund Larimer County Partners : One to One $ 15 , 000 $ 700 $ 800 47 % Mentorin Light of the Rockies Christian $ 25 , 000 $ 0 $ 25 , 000 0 % Counseling Center: Low-Income Counseling Assistance - 3 - Packet Pg . 324 Applicant Project/ Program Funding Commission ' s Unfunded Percent of Request Recommended Balance Request Funding Funded Meals on Wheels for Fort Collins : $ 38 ,000 $ 29 ,500 $ 8 ,500 78% Meal Delivery Program Neighbor to Neighbor: Homelessness $ 140,000 $ 126,000 $ 14,000 90% Prevention Programs Neighbor to Neighbor: HomeShare $ 50,000 $ 25 ,000 $ 25 ,000 50% Project Self- Sufficiency: Selfpower $ 35 ,000 $ 29 ,500 $ 5 ,500 84% Program to Self- Sufficiency Project Smile Corporation: Dental & $ 155000 $0 $ 151000 0% Vision Screening for PSD Children Respite Care : Childcare Scholarships $ 40,000 $ 36,000 $ 4,000 90% SAVA Center: Sexual Assault Victim $ 50,000 $ 29 ,000 $ 21 ,000 58% Services SAVA Center: Prevention Education $ 50,000 $ 20,000 $ 30,000 40% SummitStone Health Partners : $ 35 ,000 $ 17 ,500 $ 17 ,500 50% Community Behavioral Health Treatment Program SummitStone Health Partners : $ 30,000 $ 159000 $ 15 , 000 50% Imperative Mental Health Services at the Murphy Center Teaching Tree Early Childhood $ 82, 000 $ 73 , 800 $ 8 ,200 90 % Learning Center: Childcare Scholarships TEAM Wellness and Prevention: $ 25 , 700 $ 0 $ 25 ,700 0 % Engaging Families Program The Family Center/La Familia: $ 50,000 $ 45 , 000 $ 5 , 000 90% Supporting Fort Collins Families The Growing Project: Educational $ 19 , 500 $ 8 , 000 $ 11 , 500 41 % Farm The Matthews House : Empowering $ 35 ,000 $ 23 , 644 $ 11 , 356 68 % Youth Program The Salvation Army: Rent & Utility $ 20 , 000 $ 7 , 000 S 13 , 000 35 % Assistance Turning Point Center for Youth and $ 30,000 $ 15 , 000 $ 15 , 000 50 % Family Development: Crisis Intervention Services United Way of Larimer County: $ 105000 SO $ 10,000 0 % WomenGive United Way of Weld County: $ 25 ,000 S 1 1 ,250 $ 131750 45 % Coordinated Assessment & Housing Placement System CAHPS -4- Packet Pg . 325 Applicant Project/ Program Funding Commission ' s Unfunded Percent of Request Recommended Balance Request Funding Funded Voices Carry Child Advocacy Center: $ 30, 500 $ 20,226 $ 10,274 66% Forensic Services - Interviews & Advocacy Volunteers of America: Handyman $ 9 ,225 $ 5 ,000 $ 4,225 54% Program Volunteers of America: Home $ 35 ,004 $ 22 ,753 $ 12 ,251 65 % Delivered Meal Service Human Service Total $ 11827 ,495 $ I ,068 ,017 $ 759,478 58% 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 4th day of June, A.D . 2019 , Mayor Pro Tem ATTEST : City Clerk - 5 - Packet Pg . 326 ORDINANCE NO . 080, 2019 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 2019 -2020 unanticipated revenue in the form of federal Community Development Block Grant ("CDBG") funds from the Department of Housing and Urban Development (HUD) totaling $ 1 ,078 ,629 ; and WHEREAS , the City also has discovered unprogrammed CDBG funds through a reconciliation with the federal Integrated Disbursement & Information System (IDIS) of $274,068 ; and WHEREAS , on June 4, 2019 , the City Council adopted Resolution 2019-074, approving the CDBG Commission' s recommendation as to which programs and projects should receive CDBG funds in the 2019 funding cycle ; and WHEREAS, Article V, Section 9 , of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS , the City Manager has recommended the appropriations described herein and determined that these appropriations are available and previously unappropriated from the Community Development Block Grant Fund and will not cause the total amount appropriated in the Community Development Block Grant Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS , Article V, Section 11 , of the City Charter provides that federal grant appropriations shall not lapse if unexpended at the end of the budget year until the expiration of the federal grant; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of providing affordable housing and human services for City residents . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2 . That there is hereby appropriated for expenditure from unanticipated grant revenue in the federal fiscal year 2019-2020 from HUD into the Community Development Block Grant Fund, the sum of ONE MILLION SEVENTY-EIGHT THOUSAND SIX HUNDRED - 1 - Packet Pg . 327 TWENTY-NINE DOLLARS ($ 1 ,078 ,629), upon receipt thereof for federal fiscal year 2019 - 2020 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 TWO HUNDRED SEVENTY-FOUR THOUSAND SIXTY-EIGHT DOLLARS ($274,068), for approved Community Development Block Grant projects. Introduced, considered favorably on first reading, and ordered published this 4th day of June, A. D . 2019, and to be presented for final passage on the 2nd day of July, A.D . 2019 , Mayor Pro Tem ATTEST : City Clerk Passed and adopted on final reading on the 2nd day of July, A. D . 2019 . Mayor ATTEST : City Clerk -2 - Packet Pg . 328 ORDINANCE NO . 081 , 2019 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 2019 -2020 unanticipated revenue in the form of Home Investment Partnership Program ("HOME") funds from Housing and Urban Development (HUD) totaling is $719, 116; and WHEREAS , on June 4, 20191 the City Council adopted Resolution 2019 -074, approving the CDBG Commission' s recommendation as to which programs and projects should receive HOME funding in the 2019 funding cycle ; 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 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; 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 fiscal year until the expiration of the federal grant; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of providing safe and affordable housing for low- income residents. - 1 - Packet Pg . 329 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 2019-2020 in the HOME Program Fund the sum of SEVEN HUNDRED NINETEEN THOUSAND ONE HUNDRED SIXTEEN DOLLARS ($719 , 116), upon receipt from federal fiscal year 2019-2020 HOME Participating Jurisdiction Grant Funds . Introduced, considered favorably on first reading, and ordered published this 4th day of June, A. D . 2019, and to be presented for final passage on the 2nd day of July, A.D . 2019 , Mayor Pro Tern ATTEST : City Clerk Passed and adopted on final reading on the 2nd day of July, A.D . 2019 . Mayor ATTEST : City Clerk -2 - Packet Pg . 330 20 Agenda Item 20 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Amanda Mansfield , Transportation Planner Chris Van Hall , Legal SUBJECT Items Relating to Regulating Electric Scooters . EXECUTIVE SUMMARY A. First Reading of Ordinance No . 082 , 2019 , Amending the Fort Collins Traffic Code Relating to Electric Scooters . B . First Reading of Ordinance No . 083 , 2019 , Amending Chapter 24 of the Code of the City of Fort Collins Relating to Parking of Electric Scooters . The purpose of this item is to amend the Traffic Code and City Code relating to the regulation of the operation and parking of electric scooters . These amendments will treat electric scooters the same as bicycles and electrical assisted bicycles (with three exceptions ) and adds a definition of electric scooter that is consistent with HB 19- 1221 and regulates the parking of electric scooters . STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading . BACKGROUND / DISCUSSION Ordinance No . 082, 2019 - Traffic Code This Ordinance updates the Fort Collins Traffic Code to be consistent with House Bill 19 - 1221 ( HB19- 1221 ) . If adopted , electric scooters will operate the same , and will be treated the same , as bicycles and electrical assisted bicycles within the Fort Collins Traffic Code except in the following ways : • Electric scooters will be prohibited from being operated on natural area or park trails • Electric scooters will be required to be dismounted at crosswalks • Electric scooters will be subject to more specific parking requirements Ordinance No . 083 , 2019 - City Code This Ordinance adds the definition of " Electric scooter" to City Code Section 24- 178 , which definition is consistent with HB19- 1221 , and regulates the parking of electric scooters . Item # 20 Page 1 Packet Pg . 331 20 Agenda Item 20 Background As electric scooters spread rapidly across the country, the City of Fort Collins must be thoughtful in regulating these new shared mobility services . Currently these types of vehicles exist in an emerging and evolving regulatory landscape . Experiences from other cities show there is a need to implement policies and practices to regulate electric scooters to prevent unapproved and unregulated launches . A Request for Proposal was issued on April 29 , 2019 . Interviews with prospective companies are expected to take place the weeks of June 10 and/or June 17 , 2019 . The award of contract is expected to take place in late July with the launch of the 12-month pilot period for the electric scooter share program to follow shortly after. The proposed Code changes are part of a set of strategies to regulate electric scooters and other shared and/or portable mobility devices , including : • Parking regulations (adopted by Council on March 19 , 2019) • Downtown Dismount Zone regulation (adopted by Council on March 19 , 2019 ) ** • Dismount at crosswalk Code amendment (adopted by Council on March 19 , 2019 ) ** • A Request for Proposal to contract with and manage vendors (currently in progress) • Utilization of existing encroachment permit process (to be utilized once company is selected via Request for Proposal process ) *Parking Regulations that Impact Electric Scooters On March 19 , 2019 , Council adopted Ordinance No . 028 , 2019 , which regulates where shared mobility devices can and cannot park as follows : • Shared mobility devices may be parked in a parkway zone , beside bicycle parking , and in designated areas • Shared mobility devices may not be parked on blocks w/o sidewalks or in on -street parking spaces • No parking of shared mobility devices if doing so would : o Block pedestrian zone , fire hydrant, bus bench o Impede use of window/sign display or access to/from building o Impede the use of bicycle rack or news rack • Shared mobility devices may not be parked in the parkway zone if doing so would place them adjacent to or within transit/loading/disabled parking zone , street furniture , curb ramps , entryways , driveways **Existing Downtown Dismount Zone Regulation On March 19 , 2019 , Council adopted Ordinance No . 029 , 2019 , that established a dismount zone that includes electric scooters and other portable mobility devices , requiring users to dismount when approaching the zone . Council also amended this Ordinance to include that: "A person riding a shared mobility device shall dismount before entering any crosswalk" . BOARD / COMMISSION RECOMMENDATION At its January 16 , 2019 , meeting , the Transportation Board recommended Council approval of staffs proposed City Code and Traffic Code changes related to parking and the Downtown Dismount Zone requirements respectively. PUBLIC OUTREACH Staff conducted extensive outreach and engaged in in -depth dialogues with City boards and committees , community stakeholder groups , and electric scooter share companies . Highlights include : Item # 20 Page 2 Packet Pg . 332 20 Agenda Item 20 Board/Committee/Group Outreach • Bicycle Advisory Committee • Commission on Disability • Downtown Development Authority • Downtown Business Association • Transportation Board • Natural Resources Advisory Board • Air Quality Board Company/Staff Outreach • Ongoing company and staff engagement throughout RFP development process ( Fall 2018 - April 2019 ) • Request for Information ( RFI ) meeting to answer electric scooter share company questions (April 4 ) • Upcoming : o Staff meeting to review electric scooter share program implementation work plan and staffs roles and responsibilities ( late June) o Pre-selection negotiation process with finalist electric scooter share companies (late June - early July) Staff reached out to the community with website and social media postings related to key developments during the RFP development process in winter 2019 . Staff has developed an electric scooter share program outreach plan as well , which lays out the timeline and deliverables related to education , outreach , and marketing for the spring and summer of 2019 through the late summer launch and through the 12 -month pilot period . ATTACHMENTS 1 . Transportation Board minutes , January 16 , 2019 ( PDF ) 2 . Powerpoint presentation ( PDF ) Item # 20 Page 3 Packet Pg . 333 ATTACHMENT 1 20 . 1 MINUTES Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions TRANSPORTATION BOARD TYPE OF MEETING — REGULAR Rachline asked what is currently on Mr . Moore ' s property . Mr . Moore replied it is used for farming . Gavaldon suggested the Conifer connection remain . Brown agreed and stated it Cn would aid area residents in getting to the existing King Soopers on Conifer . Iverson stated staff is generally supportive of the proposed amendments . 0 Cn Boardmembers concurred there was no discussion related to amendment numbers 1 - 6 , 81 91 101 12 , and 13 . York made a motion , seconded by Gavaldon , to recommend to City Council w accepting all proposed amendments except 7 and 11 . The motion was adopted o unanimously . Go Hart stated he would like the City to have discussions with developers and owners to ensure the best legal and financial way forward . N With regards to item 7 , Hart suggested leaving Conifer off the Master Street Plan . L, York disagreed stating the roadway provides an east-west connection . Rachline and Gavaldon agreed with York and Gavaldon stated planning the connection will allow for proper transit planning . Gavaldon made a motion , seconded by York , to recommend to City Council the inclusion of Conifer in the Master Street Plan . The motion was adopted 4 - 2 . Regarding item number 11 , Brown expressed support stating it would link Waterglen to the proposed Montava development . m Gavaldon made a motion , seconded by Brown , to recommend to City Council o inclusion of the Suniga/Vine amendment to the Master Street Plan . The motion was adopted unanimously . a Cn b . Shared Mobility Electric Scooter Code Amendments — Amanda Mansfield Mansfield presented the electric scooter regulatory framework plan . She requested the Board make a recommendation that Council approve staff' s proposed Code updates including proposed parking regulations , that the Board support staff' s proposed RFP operational model which will include a shared mobility agreement andCU an encroachment permit requirement , and that the Board recommend that Council a support staff' s proposed public outreach approach . Mansfield stated the regulatory framework is centered around using technology , education , and enforcement to minimize parking conflicts and providers will be required to submit plans dealing with parking and weather- related occurrences . Additionally , the City currently has the authority to seize scooters obstructing rights - of-way . Mansfield stated City Council has requested a prohibition of E - scooters on Downtown 1 / 16 / 2019 — MINUTES Page ti Packet Pg . 334 20. 1 MINUTES Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS � Commissions TRANSPORTATION BOARD TYPE OF MEETING — REGULAR sidewalks and the hope is state legislation will be amended to allow E - scooters on streets and allow local jurisdictions to have more flexibility . Mansfield discussed the importance of continuity with CSU and other municipalities Cn and entities . She also discussed the proposed Code changes to parking regulations for E - scooters and other portable shared and non - shared mobility devices and o updates to the downtown dismount zone definition in the Traffic Code to allow U enforcement of proposed downtown dismount zone definition sign language . Mansfield stated staff has determined the best operational model to acquire a scooter provider is through a request for proposal . Applicants will be required to get an ``! encroachment permit and sign a shared mobility agreement . This will allow the City o to cap the number of operators . Go Mansfield detailed the outline of the proposed shared mobility agreement . o Boardmembers discussed enforcement and liability concerns and York suggested N companies be required to allow the city access to data related to users in the case of collisions . L Mansfield stated downtown businesses will be involved in parking regulations , which may involve designated areas , but will not take street parking , impede pedestrian y walkways , impede access to buildings , impede access to bike racks and other infrastructure , as per the current proposal . York suggested the possibility of using unutilized space in parking garages or alleyways for scooter parking . m Brown suggested ensuring scooters are not parked in stiped zones next to disabled o spaces . Hart asked what other cities were researched as examples . Mansfield replied many 0 cities were researched which helped staff reach the conclusion to use an RFP and limited providers . Hart suggested the companies should be able to have their own apps . E Brown suggested the formation of an easy way to report complaints . CU Gavaldon requested additional details about enforcement , parking regulations , and a the use of scooters on Transfort . Mansfield replied City and CSU Police have been involved with enforcement discussions . Boardmembers discussed the use of E - scooters at civic events such as New West Fest and football games . York suggested staff seek input from the mall and Front Range Village . Mansfield discussed the proposed public outreach which includes a press release in the spring , educational outreach , dynamic web and social media content , and 1 / 16 / 2019 — MINUTES Page S Packet Pg . 335 20. 1 MINUTES Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS � Commissions TRANSPORTATION BOARD TYPE OF MEETING — REGULAR business community outreach . Arnold asked about the expected cost of signage to the City . Mansfield replied she does not have specific estimates ; however , part of the shared mobility agreement will include financial asks of the scooter providers . Brown stated providers should be billed if the City must remove scooters from 0 inappropriate locations . Cn Mansfield outlined the next steps in the process . York asked if staff has a cut- off date for awaiting state legislative action . Mansfield w replied Council will have provided direction by March 5t" with the anticipation the o heavily - lobbied topic will have been addressed at the state level by the end of the Go session . T York made a motion , seconded by Rachline , to recommend support of the proposed N Code updates to City Council . Rachline encouraged the use of as much public outreach and education as possible . Gavaldon stated he is not ready to support the motion citing too many gaps in outreach and enforcement . The motion was adopted with Gavaldon dissenting . c . City Plan — Transportation and Transit Plan Updates — Aaron Iverson , Timothy Wilder 0 m Iverson outlined upcoming important dates in the update process and discussed the o process up to this point . He discussed the main concepts which include improving and expanding the city' s transit system and services and supporting and expanding = biking and walking networks for all ages and abilities . Cn c CU Wilder detailed the Transit Master Plan and the goal for it to adapt to land use , funding , and technology changes . He discussed the projected 2040 transit demand and projected land uses and densities . He noted innovation zones are areas outside the core transit focus areas . Regarding outcomes , Wilder stated service and ridership are doubled at double the cost , primarily through high -frequency service . CU a Wilder discussed the main populations being serviced by increased transit , including zero vehicle households , people in poverty , and individuals with limited English proficiency . He also discussed micro -transit options which may include public/private partnerships . Wilder discussed the idea of a shared mobility hub wherein different shared modes are brought together at a single location to allow users to switch from one mode to another . 1 / 16 / 2019 — MINUTES Page 6 Packet Pg . 336 ATTACHMENT City of June 4 , 2019 Fort Collins _ _ hs - LU co J • 1' Cn Cn muliull CL CL ILI _ L � r . . a. Packet =_ _ Regulation of Electric Scooters City Council Meeting . , 20 .2 Fort of L 0 Adoption on First Reading ,J ,= Cn n L 1 . Amending the Fort Collins Traffic Code Relating to Electric Scooters o 1 . Changing Traffic Code to be consistent 0' fr C with House Bill 19 - 1221 2 . Amending Sections 24 - 178 and 24 - 179 of the Code ' ti Q of the City of Fort Collins Relating to Electric _ Scooters 1 . Updating e -scooter definition in City Code 2 . Specifying in City Code that e -scooters - - have unique parking requirements M - a Packet Pg . 338 20 .2 Fort of L 0 The proposed code changes are part of a set of U strategies to regulate e -scooters and other L 0SVW shared and /or portable mobility devices , w a � � including . 00 Parking regulations Downtown Dismount Zone regulation i CL Dismount at crosswalk Code amendment CL • A Request for Proposal to contract with and manage low a. • vendors E i Use of existing encroachment permits U a Packet Pg . 339 City of Fort Collins Background Issues addressed by proposed code changes . rl � , ,. � • 14 � Conflicts with pedestrians 00 Conflicts Safety concerns ( crashes ) CL Where to operate in roadways , crosswalks , and t I - a. Image source : Gettylmages , photo by Justin Sullivan 4 Packet . g 340 City of Fort Collins Background u� • House Bill 19 = 1221 00 � I Enables e - scooters . . operated . roadwayssidewalks only - a� Packet Image Source : Wikipedia . org , photo by Greg O' Beirne 5 . • 20 .2 Fort of Proposed Traffic Code Update �cn 0 0 V Ordinance No . 082 , 2019 Amending the Fort Collins L - Traffic Code Relating to Electric Scooters . a W 00 0 • E - scooters will be treated the same as bikes and e - bikes with the following exceptions : U ;3 fG ZINN, • Prohibited from being operated on natural CL & r 'y area or park trails ; Q Required to be dismounted at crosswalks ; and * Subject to unique parking requirements E Q Packet Pg . 342 20.2 Forof ollins Proposed City Code Update N L N O O Ordinance No . 083 , 2019 , Amending Chapter co 24 the Code of the City of Fort Collins Relating - to Parking of Electric Scooters : A 00 • Section 24 - 178 : Updating City Code e - o scooter definition to be consistent with x House Bill 19 - 1221 \p L CL O Q • Section 24 - 179 : Specifying within City Code that e - scooters have unique parking a requirements - - a Packet Pg . 343 20 .2 Fort Collins Outreach 0 0 V Board / Committee/GroupCn Outreach W 0 Company/Staff Outreach • Ongoing company and staff engagement • Request for Information ( RFI ) meeting y • Staff implementation work plan meeting Q • Pre -selection negotiation process .o L 1 0 Media and Public Outreach Q . • - source : hkdc. com Packet Pg . 344 20 .2 ort F Collins ' oNext Steps L 0 0 V Cn 12 Month Pilot Period E =Scooter Share Program Priority Focus Areas W • Parking and safety compliance 0 • Community engagement o nz • Equity • Operations and management i CL • First mile/ last mile CL .o • Long -term business plan • Technological innovation a. • Sustainability/triple bottom line • Method of making data available U a Image - • Packet Pg . 345 20 .2 Fort of L 0 Adoption on First Reading ,J ,= Cn n L 1 . Amending the Fort Collins Traffic Code Relating to Electric Scooters o 1 . Changing Traffic Code to be consistent 0' fr C with House Bill 19 - 1221 2 . Amending Sections 24 - 178 and 24 - 179 of the Code ' ti Q of the City of Fort Collins Relating to Electric _ Scooters 1 . Updating e -scooter definition in City Code 2 . Specifying in City Code that e -scooters - - have unique parking requirements M Packet Pg . 346 ORDINANCE NO . 082, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE FORT COLLINS TRAFFIC CODE RELATING TO ELECTRIC SCOOTERS WHEREAS , at the time of the adoption of the Traffic Code, it was the understanding of staff and the City Council that the Traffic Code would most likely be subject to future amendments, not only for the purposes of clarification and correction of errors, but also to ensure that the Traffic Code remains consistent with state law; and WHEREAS, during the 2019 legislative session, the Colorado General Assembly passed House Bill 19- 1221 , which amends Colorado ' s Uniform Motor Vehicle Law to add a definition for the term "electric scooter" and sets forth provisions relating to the operation of electric scooters on streets and highways ; and WHEREAS , the City Council wishes to make amendments to the City of Fort Collins Traffic Code consistent with House Bill 19- 1221 , except where the City has determined that it is in the public interest, and promotes the health, safety and welfare of the citizens of the City of Fort Collins to make local amendments to how electric scooters may operate or park on streets and highways within the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2 . That Section 223 of the Traffic Code is hereby amended to read as follows : 223. - Brakes. ( 1 ) Brake equipment required: (a) Every motor vehicle, other than a motorcycle, electrical assisted bicycle , electric scooter or low-power scooter, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two (2) separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two (2) wheels . If these two (2) separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one ( 1 ) part of the operating mechanism shall not leave the motor vehicle without brakes on at least two (2) wheels . - 1 - Packet Pg . 347 (b) Eevery motorcycle and low-power scooter, when operated upon a highway, shall be equipped with at least one ( 1 ) brake, which may be operated by hand or foot. (c) Every trailer or semi-trailer of a gross weight of three thousand (3 ,000) pounds or more, when operated upon a highway, shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle and so designed as to be applied by the driver of the towing motor vehicle from the cab, and said brakes shall be so designed and connected that, in case of an accidental breakaway of the towed vehicle, the brakes shall be automatically applied. The provisions of this Paragraph (c) shall not be applicable to any trailer which does not meet the definition of "commercial vehicle" as that term is defined Paragraph 235 ( 1 )(a) and which is owned by a farmer when transporting agricultural products produced on the owner's farm or supplies back to the farm of the owner of the trailer, tank trailers not exceeding ten thousand ( 10,000) pounds gross weight used solely for transporting liquid fertilizer or gaseous fertilizer under pressure, or distributor trailers not exceeding ten thousand ( 10,000) pounds gross weight used solely for transporting and distributing dry fertilizer when hauled by a truck capable of stopping within the distance specified in Subsection (2) of this Section. (d) Every motor vehicle, trailer or semi-trailer constructed or sold in this state or operated upon the highways shall be equipped with service brakes upon all wheels of every such vehicle ; except that: (I) Any trailer or semi-trailer of less than three thousand (3 ,000) pounds gross weight, or any horse trailer of a capacity of two (2) horses or less, or any trailer which does not meet the definition of "commercial vehicle" as that term is defined in Section 235 (1)(a) and which is owned by a farmer when transporting agricultural products produced on the owner's farm or supplies back to the farm of the owner of the trailer, or tank trailers not exceeding ten thousand ( 10,000) pounds gross weight used solely for transporting liquid fertilizer or gaseous fertilizer under pressure, or distributor trailers not exceeding ten thousand ( 10,000) pounds gross weight used solely for transporting and distributing dry fertilizer when hauled by a truck capable of stopping with a loaded trailer attached in the distance specified by Subsection (2) of this Section need not be equipped with brakes, and any two-wheel motor vehicle need have brakes on only one ( 1 ) wheel . (II) Any truck or truck tractor manufactured before July 25 , 1980, and having three (3 ) or more axles, need not have brakes on the wheels of the front or tandem steering axles if the brakes on the other -2- Packet Pg . 348 wheels meet the performance requirements of Subsection (2) of this Section. (I1I) Every trailer or semi-trailer of three thousand (3 ,000) pounds or more gross weight must have brakes on all wheels . (e) Provisions of this Subsection ( 1 ) shall not apply to manufactured homes . (2) Performance ability of brakes : (a) The service brakes upon any motor vehicle or combination of vehicles shall be adequate to stop such vehicle when traveling twenty (20) miles per hour within a distance of forty (40) feet when upon dry asphalt or concrete pavement surface free from loose material where the grade does not exceed one ( 1 ) percent. (b) Under the conditions stated in Paragraph (a) of this Subsection (2), the hand brakes shall be adequate to stop such vehicle within a distance of fifty-five (55) feet, and said hand brake shall be adequate to hold such vehicle stationary on any grade upon which operated. (c) Under the conditions stated in Paragraph (a) of this Subsection (2), the service brakes upon a motor vehicle equipped with two-wheel brakes only, when permitted under this Section, shall be adequate to stop the vehicle within a distance of fifty-five (55) feet. (d) All braking distances specified in this Section shall apply to all vehicles mentioned, whether such vehicles are not loaded or are loaded to the maximum capacity permitted under this Title. (e) All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as possible with respect to the wheels on opposite sides of the vehicle . Section 3 . That Section 234 of the Traffic Code is hereby amended to read as follows : 234. - Slow-moving vehicles - display of emblem. ( 1 ) (a) All machinery, equipment and vehicles, except bicycles, electrical assisted bicycles, electric scooters and other human-powered vehicles, designed to operate or normally operated at a speed of less than twenty-five (25) miles per hour on a public highway shall display a triangular slow-moving vehicle emblem on the rear. -3 - Packet Pg . 349 (b) Bicycles, electrical assisted bicycles, electric scooters and other human- powered vehicles and neighborhood electric vehicles shall be permitted but not required to display the emblem specified in this Subsection ( 1 ) . (2) The Executive Director of the State Department of Revenue shall adopt standards and specifications for such emblem, position of the mounting thereof and requirements for certification of conformance with the standards and specifications adopted by the American Society of Agricultural Engineers concerning such emblems . The requirements of such emblem shall be in addition to any lighting device required by law. (3 ) The use of the emblem required under this Section shall be restricted to the use specified in Subsection ( 1 ) of this Section, and its use on any other type of vehicle or stationary object shall be prohibited. Section 4 . That Section 503 of the Traffic Code is hereby amended to read as follows : 503. - Projecting loads on vehicles. ( 1 ) No passenger type vehicle, except a motorcycle, bicycle , or—electrical assisted bicycle or electric scooter, shall be operated on any highway with any load carried thereon extending beyond the line of the fenders on the left side of such vehicle nor extending more than six (6) inches beyond the line of the fenders on the right side thereof. (2) The load upon any vehicle operated alone or the load upon the front vehicle of a combination of vehicles shall not extend beyond the front wheels of such vehicles or vehicle or the front most point of the grill of such vehicle ; but a load may project not more than four (4) feet beyond the front most point of the grill assembly of the vehicle engine compartment of such a vehicle at a point above the cab of the driver's compartment so long as that part of any load projecting ahead of the rear of the cab or driver's compartment shall be so loaded as not to obscure the vision of the driver to the front or to either side . (3 ) It is unlawful for any person to operate a vehicle or a motor vehicle which has attached thereto in any manner any chain, rope, wire or other equipment which drags, swings or projects in any manner so as to endanger the person or property of another. Section 5 . That Section 710 of the Traffic Code is hereby amended to read as follows : 710 . - Emerging from or entering alley, driveway or building. -4- Packet Pg . 350 ( 1 ) The driver of a vehicle emerging from an alley, driveway, building, parking lot or other place, immediately prior to driving onto a sidewalk or into the sidewalk area extending across any such alleyway, driveway or entranceway, shall yield the right-of-way to any pedestrian upon or about to enter such sidewalk or sidewalk area extending across such alleyway, driveway or entranceway, as may be necessary to avoid collision, and when entering the roadway shall comply with the provisions of Section 704. (2) The driver of a vehicle entering an alley, driveway or entranceway shall yield the right-of-way to any pedestrian within or about to enter the sidewalk or sidewalk area extending across such alleyway, driveway or entranceway. (3 ) No person shall drive any vehicle other than a bicycle, electrical assisted bicycle, electric scooter or any other human-powered vehicle upon a sidewalk or sidewalk area, except upon a permanent or duly authorized temporary driveway. Section 6 . That Section 1204 of the Traffic Code is hereby amended to read as follows : 1204. - Stopping, standing or parking prohibited in specified places. ( 1 ) Except as otherwise provided in Subsection (4) of this Section, no person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic, or in compliance with the directions of a police officer, emergency services personnel or official traffic control device, in any of the following places : (a) On a sidewalk; (b) Within an intersection; (c) On a crosswalk; (d) Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless the traffic authority indicates a different length by signs or markings; (e) Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic ; (f) On the roadway side of any vehicle stopped or parked at the edge or curb of a street; (g) Upon any bridge or other elevated structure upon a highway or within a highway tunnel ; (h) On any railroad tracks; -5 - Packet Pg . 351 (i) On any controlled-access highway; (j ) In the area between roadways of a divided highway, including crossovers; (k) At any other place where official signs prohibit stopping. (1) Upon any part of any sidewalk, grass strip, median or any other street right-of-way between the curb and the property line, except law enforcement, emergency services personnel or utility vehicles in the course of their official duties . (2) Except as otherwise provided in Subsection (4) of this Section, in addition to the restrictions specified in Subsection ( 1 ) of this Section, no person shall stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer, emergency services personnel, or an official traffic control device, in any of the following places : (a) Within five (5) feet of a public or private driveway; except (I) Buses engaged as common carriers, school busses or taxicabs may stop in such locations to load and unload passengers. (II) Vehicles being expeditiously loaded and unloaded, provided that the vehicle's flashing emergency lights are activated and the vehicle is not obstructing traffic . (b) Within fifteen ( 15) feet of a fire hydrant; (c) Within twenty (20) feet of a crosswalk; (d) Within thirty (30) feet upon the approach to any flashing beacon or signal, stop sign, yield sign or traffic control signal located at the side of a roadway; (e) Within twenty (20) feet of the driveway entrance to any fire station or on the side of a street opposite the entrance to any fire station, within seventy- five (75) feet of said entrance when properly signposted; (f) With less than two (2) feet of clearance between vehicles ; (g) At any other place where official signs or red curb markings are used to prohibit standing or parking. For purposes of this Subsection (2) and the following Subsection (3 ), all measurements shall be calculated laterally along the curb or edge of the roadway. -6- Packet Pg . 352 (3) In addition to the restrictions specified in Subsections ( 1 ) and (2) of this Section, no person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device, in any of the following places : (a) Within fifty (50) feet of the nearest rail of a railroad crossing. (b) At any other place where official signs prohibit parking. (c) To park any vehicle other than an authorized vehicle in any area designated and marked for such use. (d) Where a lane has been established on a roadway as a bicycle lane pursuant to Subsection 1013 . (4) (a) Paragraph (a) of Subsection ( 1 ) of this Section shall not prohibit persons from parking bicycles, or-electrical assisted bicycles or electric scooters on sidewalks in accordance with the provisions of Section 1412( i )(a) and. ( I 1 )(b)2106 . (b) Paragraph (f) of Subsection ( 1 ) of this Section shall not prohibit persons from parking two (2) or more bicycles , e�electrical assisted bicycles or electric scooters abreast in accordance with the provisions of Section 412( i 1 )(d)2104( 1 )(a) and ( 1 )(b) . (c) Paragraphs (a), (c) and (d) of Subsection (2) of this Section shall not apply to bicycles, or--electrical assisted bicycles or electric scooters parked on sidewalks in accordance with Section 1412( i `(a) and ( I 1 )(b)2108 . (5 ) No person shall move a vehicle not lawfully under his or her control into any such prohibited area or away from a curb such distance as is unlawful. (6) (a) No person shall park or direct another person to park a vehicle in a block face or a public parking lot for a period in excess of any time restriction established for parking in the block face or public parking. (b) Unless permission from the Parking Services Manager or designee has been granted, no person shall, after having vacated a time-restricted parking space in a lot or block face, return and park or direct another person to return and park the same vehicle in the same lot or block face within a four-hour period thereafter, regardless of whether or not the maximum time restriction has elapsed. Section 7 . That Section 1407 . 5 of the Traffic Code is hereby amended to read as follows : -7- Packet Pg . 353 1407. 5 - Splash guards - when required. ( 1 ) As used in this Section, unless the context otherwise requires : (a) Splash guard means mud flaps, rubber, plastic or fabric aprons, or other devices directly behind the rear-most wheels, designed to minimize the spray of water and other substances to the rear. (b) Splash guards must, at a minimum, be wide enough to cover the full tread of the tires being protected, hang perpendicular from the vehicle not more than ten ( 10) inches above the surface to the street or highway when the vehicle is empty, and generally maintain their perpendicular relationship under normal driving conditions . (2) Except as otherwise permitted in this Section, no vehicle or motor vehicle shall be driven or moved on any street or highway unless the vehicle is equipped with splash guards . (3 ) This Section does not apply to : (a) Passenger-carrying motor vehicles registered pursuant to Section 42 -3 - 134(4), C .R. S . ; (b) Trucks and truck tractors registered pursuant to Section 42 -3 - 134( 12) or ( 13 ), C .R. S . , having an empty weight of ten thousand ( 10,000) pounds or less; (c) Trailers equipped with fenders or utility pole trailers ; (d) Vehicles while involved in chip and seal or paving operations or road widening equipment; (e) Truck tractors or converter dollies when used in combination with other vehicles ; (f) Vehicles drawn by animals ; or (g) Bicycles, of-electrical assisted bicycles or electric scooters . Section 8 . That Section 2002 of the Traffic Code is hereby amended by the addition of a new definition "electric scooter" which reads in its entirety as follows and all subsequent definitions renumbered accordingly: ( 11 ) Electric scooter. A device weighing less than one hundred ( 100) pounds with handlebars and an electric motor that is powered by an electric motor and that has -8- Packet Pg . 354 a maximum speed of twenty (20) miles per hour on a paved level surface when powered solely by the electric motion. Electric scooter does not include an electrical assisted bicycle, electric personal assistance mobility device (EPAMD), motorcycle, or low-power scooter. Section 9 . That the definition of "Low power scooter" contained in Section 2002 of the Traffic Code is hereby amended to read as follows : ( 14) Low power scooter. A self-propelled vehicle designed primarily for use on the roadways with not more than three (3 ) wheels in contact with the ground, no manual clutch and either of the following: (a) a cylinder capacity not exceeding fifty (50) cubic centimeters if powered by internal combustion; or (b) a wattage not exceeding four thousand four hundred seventy-six (4,476) if powered by electricity. Low power scooter sha4does not include a toy vehicle, bicycle, electrical assisted bicycle, electric scooter, wheelchair or any device designed to assist mobility- people with mobility impairments who use pedestrian rights-of-way. Section 10 . That the definition "Motor vehicle" contained in Section 2002 of the Traffic Code is hereby amended to read as follows : ( 16) Motor vehicle. Any self-propelled vehicle that is designed primarily for travel on the public highways and that is generally and commonly used to transport persons and property over the public highways or a low-speed electric vehicle; except that the term does not include electrical assisted bicycles, electric scooter, low-power scooters, wheelchairs or vehicles moved solely by human power. For purposes of the offense described in section 1401 of this Traffic Code, motor vehicle includes a farm tractor or an off-highway vehicle that is not otherwise classified as a motor vehicle. Section 11 . That the definition "Toy vehicle" contained in Section 2002 of the Traffic Code is hereby amended to read as follows : (38) Toy vehicle. Any vehicle, whether or not home-built by the user, that has wheels with an outside diameter of not more than fourteen ( 14) inches and is not designed, approved or intended for use on public roadways or highways or for off-road use. Toy vehicle includes, but is not limited to, gas-powered or electric- powered vehicles, commonly known as mini bikes, "pocket" bikes, kamikaze boards, go-peds and stand-up scooters . Toy vehicle does not include electric scooters, off-highway vehicles or snowmobiles . Section 12 . That the definition "Vehicle" contained in Section 2002 of the Traffic Code is hereby amended to read as follows : -9- Packet Pg . 355 (44) Vehicle. A device that is capable of moving itself, or being moved, from place to place upon wheels or endless tracks . Vehicle includes, without limitation, a bicycle, electrical assisted bicycle, electric scooter, or electric personal assistance mobility device (EPAMD), but does not include a wheelchair, off-highway vehicle, snowmobile, farm tractor or implement of husbandry designed primarily or exclusively for use and used in agricultural operations ; or any device moved exclusively over stationary rails or tracks, or designed to move primarily through the air. Section 13 . That Section 2101 of the Traffic Code is hereby amended to read as follows : 2101 . - General provisions. ( 1 ) Every person riding a bicycle, or—electrical assisted bicycle or electric scooter upon a roadway where bicycle, electrical assisted bicycle and electric scooter travel is permitted shall be granted all of the rights and shall be subject to all of the duties and penalties applicable to the driver of a vehicle as set forth in this Traffic Code, except those provisions of this Traffic Code that, by their very nature, can have no application. Said riders shall also comply with special rules set forth in this Part and when using streets and highways within the City, shall be subject to local ordinances regulating the operation bicycle , electrical assisted bicycle and electric scooter as provided in Section 42-4- 111 , C .R. S . Whenever the word vehicle is used in any of the driving rules set forth in this Traffic Code that are applicable to bicycle, or—electrical assisted bicycle or electric scooter riders , such term shall include bicycles, electrical assisted bicycles and electric scooters . (a) These regulations not in conflict with the Rules and Regulations promulgated by Colorado State University pursuant to Sections 23 -5 - 106 and 107, C .R. S . shall apply on the campus of the University. (b) The parent of any child or guardian of any ward shall not authorize or knowingly permit any child or ward to violate any provision of this Part. (2) All persons are prohibited from riding electrical assisted bicycles while the motor is engaged, or riding an electric scooter, on a bike or pedestrian path or on a recreational trail unless otherwise authorized by the City Code . (3 ) Persons prohibited from operating or riding a class 3 electrical assisted bicycle upon roadways : (a) A person under sixteen ( 16) years of age shall not ride a class 3 electrical assisted bicycle upon any street or highway; except that such person may - 10- Packet Pg . 356 ride as a passenger on a class 3 electrical assisted bicycle that is designed to accommodate passengers. (b) A person shall not operate or ride as a passenger on a class 3 electrical assisted bicycle unless : (I) each person under eighteen ( 18) years of age is wearing a protective helmet of a type and design manufactured for use by operators of bicycles; (II) the protective helmet conforms to the design and specifications set forth by the United States Consumer Product Safety Commission or the American Society for Testing and Materials ; and (111) the protective helmet is secured properly on the person's head with a chin strap while the class 3 electrical assisted bicycle is in motion. Section 14 . That Section 2102 of the Traffic Code is hereby amended to read as follows : 2102. - Reckless and careless riding. ( 1 ) A person who drives any bicycle, or-electrical assisted bicycle or electric scooter in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless riding. A person convicted of reckless riding of a bicycle, o�electrical assisted bicycle or electric scooter shall not be subject to the provisions of Section 42-2- 127, C.R. S . (2) A person who drives a bicycle, or-electrical assisted bicycle or electric scooter in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic and use of the streets and highways and all other attendant circumstances , is guilty of careless riding. A person convicted of careless riding of a bicycle or electrical assisted bicycle shall not be subject to the provisions of Section 42-2- 127, C .R. S . Section 15 . That Section 2103 of the Traffic Code is hereby amended to read as follows : 2103 . - Left place of safety. No person shall suddenly leave a curb or other place of safety and ride a bicycle, of electrical assisted bicycle or electric scooter into the path of a moving vehicle that is so close as to constitute an immediate hazard. - 11 - Packet Pg . 357 Section 16 . That Section 2104 of the Traffic Code is hereby amended to read as follows : 2104. - Lane usage. ( 1 ) (a) Persons riding a bicycles, electrical assisted bicycle or electric scooter upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadway set aside for the exclusive use of bicycles . (b) Persons riding a bicycles, electrical assisted bicycle or electric scooter two (2) abreast shall not impede the normal and reasonable movement of traffic and, on a laved roadway, shall ride within a single lane. (2) (a) Any person operating a bicycle, electrical assisted bicycle or electric scooter upon a roadway at less than the normal speed of traffic shall ride in the right-hand lane, subject to the following conditions : (I) If the right-hand lane then available for traffic is wide enough to be safely shared with overtaking vehicles, a bicyclist or operator of an electric scooter shall ride far enough to the right as is reasonably prudent to facilitate the movement of such overtaking vehicle unless other conditions make it unsafe to do so . (II) A bicyclist or operator of an electric scooter may use a lane other than the right-hand lane when: (A) Preparing for a left turn at an intersection or into a private roadway or driveway; (B) Overtaking a slower vehicle; or (C) Taking reasonably necessary precautions to avoid hazards or road conditions . (III) Upon approaching an intersection where right turns are permitted and there is a dedicated right-turn lane, a bicyclist or operator of an electric scooter may ride on the left-hand portion of the dedicated right-turn lane even if the bicyclist or operator of an electric scooter does not intend to turn right. (b) A bicyclist or operator of an electric scooter shall not be expected or required to : (I) Ride over or through hazards at the edge of a roadway, including but not limited to fixed or moving objects, parked or moving - 12- Packet Pg . 358 vehicles, bicycles, pedestrians, animals, surface hazards or narrow lanes ; or (II) Ride without a reasonable safety margin on the right-hand side of the roadway. (c) A person operating a bicycle or operator of an electric scooter upon a one- way roadway with two (2) or more marked traffic lanes may ride as near to the left-hand curb or edge of such roadway as is reasonably prudent, subject to the following conditions : (1) If the left-hand lane then available for traffic is wide enough to be safely shared with overtaking vehicles, a bicyclist or operator of an electric scooter shall ride as far to the left as is reasonably prudent to facilitate the movement of such overtaking vehicles unless other conditions make it unsafe to do so. (II) A bicyclist or operator of an electric scooter shall not be expected or required to : (A) Ride over or through hazards at the edge of a roadway, including but not limited to fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or narrow lanes ; or (B) Ride without a reasonable safety margin on the left-hand side of the roadway. Section 17 . That Section 2105 of the Traffic Code is hereby amended to read as follows : 2105. - Turns. ( 1 ) (a) Except as otherwise provided in this Subsection ( 1 ), every person riding a bicycle or electrical assisted bicycle shall signal his or her intention to turn or stop in accordance with the provisions of Section 903 ; except that a person riding a bicycle, or—electrical assisted bicycle or electric scooter may signal a right turn with the right arm extended horizontally. (b) A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred ( 100) feet traveled by the bicycle, of--electrical assisted bicycle or electric scooter before turning and shall be given while the bicycle, or-electrical assisted bicycle or electric scooter is stopped waiting to turn. A signal by hand and arm need not be given continuously if the hand is needed in the control or operation of the bicycle or electrical assisted bicycle. - 13 - Packet Pg . 359 (2) (a) A person riding a bicycle, or-electrical assisted bicycle or electric scooter intending to turn left shall follow a course described in Sections 901 ( 1 ), 903 and 1007 or may make a left turn in the manner prescribed in Paragraph (b) of this Subsection (2) . (b) A person riding a bicycle, or-electrical assisted bicycle or electric scooter intending to turn left shall approach the turn as closely as practicable to the right-hand curb or edge of the roadway. After proceeding across the intersecting roadway to the far corner of the curb or intersection of the roadway edges, the bicyclist or operator of an electric scooter shall stop, as much as practicable, out of the way of traffic . After stopping, the bicyclist or operator of an electric scooter shall yield to any traffic proceeding in either direction along the roadway that the bicyclist had been using. After yielding and complying with any official traffic control device or police officer regulating traffic on the highway along which the bicyclist or operator of an electric scooter intends to proceed, the bicyclist or operator of an electric scooter may proceed in the new direction. (c) Notwithstanding the provisions of Paragraphs (a) and (b) of this Subsection (2), the City Traffic Engineer may cause official traffic control devices to be placed on roadways and thereby require and direct that a specific course be traveled and operators of bicycles, or-electrical assisted bicycles or electric scooters shall obey the directions of every such device . Section 18 . That Section 2106 of the Traffic Code is hereby amended to read as follows : 2106. - Sidewalks and trails. ( 1 ) A person riding a bicycle or electrical assisted bicycle upon and along a recreational trail shall yield the right-of-way to any pedestrian using the recreational trail and shall give an audible signal or verbal warning before overtaking and passing any such pedestrian. (2) (a) A person riding a bicycle, electrical assisted bicycle, or-shared mobility, as that term is defined in City Code Section 24- 178 , device or electric scooter upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. A person riding a bicycle in a crosswalk shall do so in a manner that is safe for pedestrians . (b) A person shall not ride a bicycle, electrical assisted bicycle, or—shared mobility device, or electric scooter upon and along a sidewalk or across a - 14- Packet Pg . 360 roadway upon and along a crosswalk where such use of a bicycles, Of electrical assisted bicycle or electric scooter is prohibited by official traffic control devices, signs designating a dismount zone, or local ordinances. A person riding a bicycle or electric assisted bicycle shall dismount before entering any crosswalk where required by official traffic control devices or ordinance. A person riding a shared mobility device, or—toy vehicle or electric scooter shall dismount before entering any crosswalk. (c) A person riding or walking a bicycle, or—electrical assisted bicycle or electric scooter upon and along a sidewalk or across a roadway upon and along a crosswalk shall have all the rights and duties applicable to a pedestrian under the same circumstances, including but not limited to the rights and duties granted and required by Section 802 . (d) Low-power scooters are restricted at all times from riding upon and along a sidewalk, or across a highway or street upon or along a crosswalk, except when the low-power scooter operator has dismounted the low- power scooter and is walking the low-power scooter under human power. (3 ) The rider of an electrical assisted bicycle shall not use the electrical motor on a bike or pedestrian path or on a recreational trail unless otherwise authorized by the City Code . Section 19 . That Section 2107 of the Traffic Code is hereby amended to read as follows : 2107. - Lights, reflectors and equipment. ( 1 ) Every bicycle, or-electrical assisted bicycle or electric scooter in use at the times described in Section 204 shall be equipped with a lamp on the front emitting a white light visible from a distance of at least five hundred (500) feet to the front. (2) Every bicycle, or-electrical assisted bicycle or electric scooter shall be equipped with a red reflector of a type approved by the State Department of Revenue, which shall be visible for six hundred (600) feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle . (3 ) Every bicycle, or-electrical assisted bicycle or electric scooter when in use at the times described in Section 204 shall be equipped with reflective material of sufficient size and reflectivity to be visible from both sides for six hundred (600) feet when directly in front of lawful lower beams of head lamps on a motor vehicle or, in lieu of such reflective material, with a lighted lamp visible from both sides from a distance of at least five hundred (500) feet. (4) Every bicycle, e�electrical assisted bicycle or electric scooter shall be equipped with a brake or brakes that will enable its rider to stop the bicycle , or—electrical - 15 - Packet Pg . 361 assisted bicycle or electric scooter within twenty-five (25 ) feet from a speed of ten ( 10) miles per hour on dry, level, clean pavement. (5) A bicycle, or—electrical assisted bicycle or electric scooter or its rider may be equipped with lights or reflectors in addition to those required by Subsections ( 1 ) through (3 ) of this Section. (6) No bicycle, or—electrical assisted bicycle or electric scooter shall be equipped with, nor shall any person use upon such a vehicle, a siren or whistle. (7) A person shall not knowingly modify an electrical assisted bicycle or electric scooter so as to change the speed capability or motor engagement of the electrical assisted bicycle or electric scooter without also appropriately replacing, or causing to be replaced, the manufacturer or distributor label, which is required after January 1 , 2018 , that contains the classification number, top assisted speed, and motor wattage of the electrical assisted bicycle or electric scooter. (8) An electrical assisted bicycle must comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Safety Commission and Codified at 16 CFR 1512 or its successor regulation. (9) A class 2 electrical assisted bicycle must operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied. Class 1 and Class 3 electrical assisted bicycles must be equipped with a mechanism or circuit that cannot be bypassed and that causes the electric motor to disengage or cease to function when the rider stops pedaling. ( 10) A class 3 electrical assisted bicycle must be equipped with a speedometer that displays, in miles per hour, the speed the electrical assisted bicycle is traveling. Section 20 . That Section 2108 of the Traffic Code is hereby amended to read as follows : 2108 . - Parking. ( 1 ) (a) A person may park a bicycle or electrical assisted bicycle on a sidewalk unless prohibited or restricted by an official traffic control device or local ordinance. (b) A bicycle or electrical assisted bicycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic . (c) A bicycle or electrical assisted bicycle may be parked on the road at any angle to the curb or edge of the road at any location where parking is allowed. - 16- Packet Pg . 362 (d) A bicycle or electrical assisted bicycle may be parked on the road abreast of another such bicycle or electrical assisted bicycle near the side of the road or any location where parking is allowed in such a manner as does not impede the normal and reasonable movement of traffic . (e) In all other respects, bicycles or electrical assisted bicycles parked anywhere on a highway shall conform to the provisions of Part 12 of this Traffic Code regulating the parking of vehicles . (f) Electric scooters may park only in conformance with Section 24- 179 of the City Code. Section 21 . That Section 2109 of the Traffic Code is hereby amended to read as follows : 2109. - Riding behavior. ( 1 ) A person riding a bicycle or electrical assisted bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto . (2) No bicycle, o�electrical assisted bicycle or electric scooter shall be used to carry more persons at one ( 1 ) time than the number for which it is designed and equipped. (3 ) No person riding upon any bicycle, or—electrical assisted bicycle or electric scooter shall attach the same or himself or herself to any motor vehicle upon a roadway. (4) A bicycle, or-electrical assisted bicycle or electric scooter shall not be equipped with, nor shall any person use upon a bicycle , or—electrical assisted bicycle or electric scooter, any siren or whistle . (5 ) A person operating a bicycle, or-electrical assisted bicycle or electric scooter shall keep at least one ( 1 ) hand on the handlebars at all times . Section 22 . That Section 2110 of the Traffic Code is hereby amended to read as follows : 2110. - Regulatory. ( 1 ) A person engaged in the business of selling bicycles , or electrical assisted bicycles or electric scooters at retail shall not sell any bicycle, or—electrical assisted bicycle or electric scooter unless the bicycle, or-electrical assisted bicycle or electric scooter has an identifying number permanently stamped or cast on its frame . - 17- Packet Pg . 363 (2) For the sake of uniformity of bicycle, or—electrical assisted bicycle or electric scooter safety rules throughout the State, the Colorado Department of Revenue, in cooperation with the Colorado Department of Transportation, shall prepare and make available to all local jurisdictions for distribution to bicycle , electrical assisted bicycle and electric scooter riders therein a digest of state regulations explaining and illustrating the rules of the road, equipment requirements and traffic control devices that are applicable to such riders and their bicycles, or electrical assisted bicycles or electric scooters . The City Traffic Engineer may supplement this digest with a leaflet describing any additional regulations of a local nature that apply within their respective jurisdictions . (3 ) Where suitable bike paths, horseback trails or other trails have been established on the right-of-way or parallel to and within one-fourth ( 1/4) mile of the right-of- way of heavily traveled streets and highways, the Colorado Department of Transportation may, subject to the provisions of Section 43 -2- 135 , C .R. S . , by resolution or order, and the City Traffic Engineer may, where suitable bike paths, horseback trails or other trails have been established on the right-of-way or parallel to it within four hundred fifty (450) feet of the right-of-way of heavily traveled streets, by ordinance, determine and designate, upon the basis of an engineering and traffic investigation, those heavily traveled streets and highways upon which shall be prohibited any bicycle, electric scooter, animal rider, animal- drawn conveyance or other class or kind of nonmotorized traffic which is found to be incompatible with the normal and safe movement of traffic, and, upon such a determination, the Colorado Department of Transportation or the City shall erect appropriate official signs giving notice thereof; except that with respect to controlled access highways, the provisions of Section 42 -4- 1010(3 ), C .R. S . , shall apply. When such official signs are so erected, no person shall violate any of the instructions contained thereon. Introduced, considered favorably on first reading, and ordered published this 4th day of June, A.D . 2019, and to be presented for final passage on the 2nd day of July, A.D . 2019 . Mayor Pro Tem ATTEST : City Clerk - 18- Packet Pg . 364 Passed and adopted on final reading on the 2nd day of July, A.D . 2019 . Mayor ATTEST : City Clerk - 19 - Packet Pg . 365 ORDINANCE NO . 083 , 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 24 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO PARKING OF ELECTRIC SCOOTERS WHEREAS , technology continues to create emerging forms of conveyances that have a direct impact on City sidewalks, streets, roadways and other infrastructure; and WHEREAS, the City must balance the interest of users of these new vehicles and conveyances with the safe and efficient use of City sidewalks, streets, roadways and other infrastructure by pedestrians and existing conveyances and vehicles ; and WHEREAS , the City previously adopted Ordinance No . 028 , 2019 , adding City Code Sections 24- 178 and 24- 179 , which directs where a shared mobility device may park on City streets and sidewalks and, WHEREAS subsequent to the passage of Ordinance No . 028 , 2019 , the Colorado Legislature passed House Bill 19- 1221 , which amends Colorado ' s Uniform Motor Vehicle Law to add a definition for the term "electric scooter" and sets forth provisions relating to the operation of electric scooters on streets and highways; and WHEREAS , the City Council wishes to regulate the parking of electric scooters consistent with the parking of shared mobility devices to further promote the 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. Section 2 . That Section 24- 178 of the Code of the City of Fort Collins is hereby amended to add the following definition, in alphabetical order: Sec. 24- 178. - Definitions Electric scooter shall mean a device weighing less than one hundred ( 100) pounds with handlebars and an electric motor that is powered by an electric motor and that has a maximum speed of twenty (20) miles per hour on a paved level surface when powered solely by the electric motion. Electric scooter does not include an electrical assisted bicycle, electric personal assistance mobility device (EPAMD), motorcycle, or low-power scooter. - 1 - Packet Pg . 366 Section 3 . That Section 24- 179 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 24-179. - Parking of shared mobility devices and electric scooters. (a) No person shall park, nor direct another to park, a shared mobility device or an electric scooter in any manner contrary to any law or contrary to any provision of this Article. (b) A user shall park shared mobility devices or an electric scooter upright on hard surfaces in the parkway, beside a bicycle rack, or in another area specifically designated for shared mobility device and electric scooter parking. (c) A user may not park shared mobility devices or an electric scooter in such a manner as to block the pedestrian zone area of the sidewalk, any fire hydrant, call box or other emergency facility, bus bench, or utility pole. (d) A user may not park shared mobility devices or an electric scooter in a manner that impedes or interferes with the reasonable use of any commercial window display, sign display, or access to or from any building. (e) A user may not park shared mobility devices or an electric scooter in a manner that impedes or interferes with the reasonable use of any bicycle rack or newsrack, or parkway that requires pedestrian access, including, but not limited to, benches, parking pay stations, and transit information signs . (f) A user may not park shared mobility devices or an electric scooter on blocks without sidewalks or in on-street parking spaces except in a designated shared mobility device or an electric scooter parking area. (g) A user may not park shared mobility devices or an electric scooter in the parkway directly adjacent to or within the following areas : ( 1 ) Transit zones, including, but not limited to, bus stops, shelters, passenger waiting areas, bus layover and staging zones, except at existing bicycle racks; (2) Loading zones ; (3 ) Disabled parking zones; (4) Curb ramps; (5 ) Entryways ; or (6) Driveways. -2- Packet Pg . 367 Introduced, considered favorably on first reading, and ordered published this 4th day of June, A.D . 2019, and to be presented for final passage on the 2nd day of July, A.D . 2019 . Mayor Pro Tern ATTEST : City Clerk Passed and adopted on final reading on the 2nd day of July, A.D . 2019 , Mayor ATTEST : City Clerk - 3 - Packet Pg . 368 City of F6rt Collins AGENDA Wade Troxell , Mayor City Council Chambers Kristin Stephens , District 4 , Mayor Pro Tern 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 4 , 2019 ( amended 6/4/2019 ) 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 : 15 p . m . A. Proclamation Declaring June 4 , 2019 as Dr. Larry Clark Day. B . Proclamation Declaring June as Men's Health Month . C . Proclamation Declaring June as LGBTQ Pride Month . D . Proclamation Declaring June as Bike Month . E . Proclamation Declaring June 7 , 2019 as Gun Violence Awareness Day. City of Fort Collins Page 1 Regular Meeting 6 : 00 p . m . • PLEDGE OF ALLEGIANCE • CALL MEETING TO ORDER • ROLL CALL • AGENDA REVIEW: CITY MANAGER • City Manager Review of Agenda . • Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be "pulled " off the Consent Calendar and considered separately. o Council- pulled Consent Calendar items will be considered before Discussion Items . o Citizen-pulled Consent Calendar items will be considered after Discussion Items . • PUBLIC COMMENT Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda . Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council . • Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes ) . • All speakers will be asked by the presiding officer to identify themselves by raising their hand , and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting ) . • The presiding officer will determine and announce the length of time allowed for each speaker. • Each speaker will be asked to state his or her name and general address for the record , and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk . • A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain , and will beep again and turn red when a speaker's time to speak has ended . [** For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City' s website at fcgov . com/developmentreview, or contact the Development Review Center at 221 -6750 . ] • PUBLIC COMMENT FOLLOW-UP City of Fort Collins Page 2 Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda . Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be " pulled " off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items . Items remaining on the Consent Calendar will be approved by City Council with one vote . The Consent Calendar consists of: • Ordinances on First Reading that are routine ; • Ordinances on Second Reading that are routine ; • Those of no perceived controversy; • Routine administrative actions . If the presiding officer determines that the number of items pulled from the Consent Calendar by citizens is substantial and may impair the Council 's ability to complete the planned agenda , the presiding officer may declare that the following process will be used to simplify consideration of the Citizen- Pulled Consent Items : ( 1 ) All citizen-pulled items (to be listed by number) will be considered as a group under the heading "Consideration of Citizen-Pulled Consent Items . " (2 ) At that time , each citizen wishing to speak will be given a single chance to speak about any and all of the items that have been moved to that part of the agenda . (3 ) After the citizen comments , any Councilmember may specify items from the list of Citizen -Pulled Consent Items for Council to discuss and vote on individually. Excluding those specified items , Council will then adopt all "Citizen -Pulled Consent Items" as a block, by a single motion , second and vote . (4 ) Any Citizen- Pulled Consent Items that a Councilmember has asked to be considered individually will then be considered using the regular process for considering discussion items . 1 . Consideration and Approval of the Minutes of the May 7 , and May 21 , 2019 , Regular Council Meetings . The purpose of this item is to approve the minutes from the May 7 and May 21 , 2019 Regular Council meetings. 2 . Second Readinq of Ordinance No . 066 , 2019 , Making Appropriations for a Federal Lobbying Contract Related to Regulation of Train Horn Noise . This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , appropriates $49 , 000 in order to enter into a lobbying contract with Squire Patton Boggs to achieve legislative or regulatory progress on reducing train horn noise in downtown Fort Collins . The City will enter into the lobbying contract without competition as permitted by Section 8- 161 (d )( 1 ) of the City Code . 3 . Items Relating to a Great Outdoors Colorado Grant Protect to Update the Parks and Recreation Policy Plan . A. Second Reading of Ordinance No . 067 , 2019 , Appropriating Unanticipated Revenue and Authorizing Transfers of Appropriations for a Great Outdoors Colorado Grant Project to Update the Parks and Recreation Policy Plan . B . Resolution 2019-067 Authorizing the City Manager to Enter into a Grant Agreement with the State Board of the Great Outdoors Colorado Trust Fund for the Receipt of Funds for the Project to Update the Parks and Recreation Policy Plan . City of Fort Collins Page 3 This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , appropriates unanticipated grant revenue awarded by Great Outdoors Colorado (GOCO ) to update the Parks and Recreation Policy Plan . The existing Parks and Recreation Policy Plan , dated October 2008 , requires periodic updating to reflect current conditions and address ongoing challenges of the Parks , Recreation , and Park Planning and Development departments . A GOCO Planning Grant application was submitted in November 2018 to supplement project funding . GOCO released notification of a $ 75 , 000 grant award for the project in March 2019 . Resolution 2019-067 authorizes the City Manager to execute an agreement to accept the grant award . 4 . Second Reading of Ordinance No . 068 , 2019 , Amending Section 23- 194 of the Code of the City of Fort Collins Regarding Natural Areas Permits . This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , modifies Chapter 23 , Section 194(b ) of the City Code to increase the time for the Natural Areas Director to review Special Use and Commercial Use permit requests from five business days to fifteen business days . 5 . Items Relating to Various Amendments to City Code Chapter 26 Pertaininq to Utility Services . A. Second Reading of Ordinance No . 069 , 2019 , Amending Section 26-491 of the Code of the City of Fort Collins to Add and Revise Definitions Related to the City's Stormwater System . B . Second Reading of Ordinance No . 070 , 2019 , Amending Section 26-391 of the Code of the City of Fort Collins to Add and Revise Definitions Related to the City' s Municipal Electric Utility System . These Ordinances , unanimously adopted on First Reading on May 21 , 2019 , update definitions in City Code Chapter 26 pertaining to Stormwater and Electric Utility Services . 6 . Second Reading of Ordinance No . 071 , 2019 , Approving the Second Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins- Loveland Municipal Airport, Now Known as the Northern Colorado Regional Airport. This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , staggers the terms of the citizen members appointed to the Northern Colorado Regional Airport Commission . The current adopted Amended and Restated Intergovernmental Agreement states that appointed citizen members' terms expire at the same time for all three of the appointed citizen members . The proposed Amendment to the IGA provides for initial terms beginning July 1 , 2019 for the three citizen members will be 2 years-Loveland appointed Citizen Member; 3 years- Fort Collins appointed Citizen Member; and 4 years-Joint Citizen Member. 7 . Second Reading of Ordinance No . 072 , 2019 , Designating the Kama l/Livingston Property, 608 West Laurel Street, Fort Collins , Colorado , as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins . This item is a quasi judicial matter and if considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1 (0 of the Council's Rules of Meeting Procedures adopted in Resolution 2019-064. This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , designates the Kamal/Livingston Property, 608 West Laurel Street, as a Fort Collins Landmark, for its early mid- century vernacular architecture with Colonial Revival details . This is a voluntary designation at the property owner' s request. The Landmark Preservation Commission unanimously recommends approving this landmark designation . City of Fort Collins Page 4 8 . Second Reading of Ordinance No . 073 , 2019 , Designating the Alfred Parker Duplexes I and 11 , 221 - 229 West Mulberry Street, Fort Collins , Colorado , as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins . This item is a quasi judicial matter and if considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1 (0 of the Council's Rules of Meeting Procedures adopted in Resolution 2019-064. This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , designates the Alfred Parker Duplexes I and 11 , 221 -229 West Mulberry Street, as a Fort Collins Landmark, for being rare examples of twin American Foursquare duplex architecture . This is a voluntary designation at the property owner's request . The Landmark Preservation Commission unanimously recommends approving this landmark designation . 9 . Second Readinq of Ordinance No . 074 , 2019 , Making Appropriations and Authorizing Transfers of Appropriations for the Lemay and Vine Intersection Improvements Project and Related Art in Public Places . This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , appropriates $9 . 1 M of Transportation Capital Expansion Fee (TCEF ) and Transportation Reserve Funds into the Capital Project Fund for the Lemay and Vine Intersection Improvements Project. In addition , this item will authorize the transfer of $91 , 000 , one percent of the appropriated funds , from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places . The overall project cost, including design , property acquisition , and construction , is estimated at $23 . 3M . The City has previously appropriated $3 . 7M , and this appropriation would add $9 . 1 M to the project. The remaining funding needed for the project is $ 10 . 5M in 2019 dollars . 10 . First Reading of Ordinance No . 075 , 2019 , Making Appropriations and Authorizing Transfers of Appropriations for the Drake Water Reclamation Facility Sidestream Treatment Project and Related Art in Public Places . The purpose of this item is to request an appropriation for additional funding for the Drake Water Reclamation Facility ( DWRF ) Sidestream Treatment Project. This request is necessary to complete the permit-required project within the required timeframe to meet DWRF' s National Pollution Discharge Elimination System ( NPDES ) phosphorus compliance schedule deadline of December 31 , 2020 . Successful operation of this infrastructure will also earn regulatory credits to delay future capital project expenses by upwards of 10 years . 11 . First Reading of Ordinance No . 076 , 2019 , Approving , Affirming and Ratifying Funding of the Non -City Share of the NECCO Protect by Offering to Owners and Developers of Property Within the NECCO Area a Proportionate Buy- In to Connect to the NECCO Protect. The purpose of this item is to adopt the cost share concept whereby development and redevelopment draining into the Northeast College Corridor Outfall ( NECCO) stormwater system are required to pay their proportional cost share of the NECCO improvements if they choose to use the NECCO system in lieu of constructing separate stormwater facilities . The NECCO stormwater system (or NECCO Project) was designed to provide an adequate stormwater outfall for the area north of Vine Drive and east of College Avenue in order to alleviate existing drainage problems and to facilitate development and redevelopment in the area . 12 . Items Relating to Various Amendments to the City of Fort Collins Land Use Code . ITEM WITHDRAWN FROM CONSIDERATION City of Fort Collins Page 5 ForstB . Rp.� rliniv of (1rrJinon /�p Alo (17R 'I Am rlinrr the rifii of Corf (�nllinc nrl I Ie Rea GGTP�T8, 2 T ,�TTTTeRdiRg t S �Rd U Land Use Cede Standards The purpGse of this item is tG adGpt a variety E)f revisions , GIaFifiGatiGRsand additiGRS tOthe Land Use Code that are generallyFGUtiRe OR nature that have beeR identified sinGe the last update On February ReGessar reviewed by the 7oniRg Board of Appeals 13 . First Reading of Ordinance No . 079 , 2019 , Authorizing Execution of a Deed of Dedication to the City of Loveland for the Extension of Rockwell Avenue Across Jointly Owned City and City of Loveland Property at the Northern Colorado Regional Airport . The purpose of this item is to dedicate to the City of Loveland the right-of-way for extension of Rockwell Avenue across jointly owned Airport property. 14 . Resolution 2019-068 Approving Fort Fund Grant Disbursements . The purpose of this item is to approve Fort Fund grants from the Cultural Development and Programming and Tourism Programming Accounts for the selected community events , based upon the recommendations of the Cultural Resources Board . 15 . Resolution 2019-069 Naming the Gardens on Spring Creek Pavilion in Honor of the Everitt Family. The purpose of this item is to approve proposed donor recognition for the Pavilion at the Gardens on Spring Creek. The Friends of the Gardens Board of Directors and Gardens staff have raised $375 , 000 towards completion of the Pavilion and five acres of new gardens and would like to name the pavilion in honor of Bob and Joyce Everitt. 16 . Resolution 2019-070 Accepting a Proposed Donation of a Sculpture to be Placed at the Gardens on Spring Creek. The purpose of this item is to accept the donation of a bronze sculpture of Bob and Joyce Everitt that was created for the Garden on Spring Creek . 17 . Resolution 2019-071 Authorizing the Assignment of the City's Private Activity Bond Allocation for 2019 to Housing Catalyst to Finance the New Construction of Affordable Housing Units . The purpose of this item is to support the new construction of an affordable housing development, to be located at 140 East Oak Street, by assigning the City's 2019 Private Activity Bond allocation . 18 . Items Relating to the Shared Use of Regional Broadband Transport and Access Services . A. Resolution 2019-072 Authorizing the Execution of an Intergovernmental Agreement Between the City and the City of Loveland for the Shared Use of Regional Broadband Transport and Access Services . B . Resolution 2019-073 Authorizing the Execution of an Intergovernmental Agreement Between the City and the Town of Estes Park for the Shared Use of Regional Broadband Transport and Access Services . The purpose of this item is to consider two resolutions related to intergovernmental agreements authorizing the shared regional Broadband Transport and Access services with the City of Loveland and Town of Estes Park . City of Fort Collins Page 6 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. Alternative Fuel Equipment Conversion . (staff: Mike Brunkhardt, Jason Komes ) B . Community Dashboard Metric: Response Time for Graffiti Removal . (staff: Larry Schneider) • COUNCILMEMBER REPORTS • CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS Discussion Items The method of debate for discussion items is as follows : • Mayor introduces the item number, and subject ; asks if formal presentation will be made by staff • Staff presentation (optional ) • Mayor requests citizen comment on the item (three minute limit for each citizen ) • Council questions of staff on the item • Council motion on the item • Council discussion • Final Council comments • Council vote on the item Note : Time limits for individual agenda items may be revised , at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room , The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker's time . 19 . Items Relating to the Completion of the 2019 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 Consistently Therewith . (staff: Adam Molzer; 5 minute staff presentation ; 30 minute discussion ) A. Public Hearing and Resolution 2019-074 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 . 080 , 2019 , Appropriating Unanticipated Revenue in the Community Development Block Grant Fund . C . Public Hearing and First Reading of Ordinance No . 081 , 2019 , Appropriating Unanticipated Revenue in the HOME Investment Partnerships Fund . City of Fort Collins Page 7 The purpose of this item is to approve funding recommendations of the 2019 Spring Cycle of the Competitive Process and appropriate federal dollars . Resolution 2019-074 completes the 2019 Spring Cycle of the Competitive Process for allocating $ 3 , 602 , 625 in City financial resources to affordable housing and public facility projects , human service programs and administration of the programs . Ordinance No . 080 , 2019 , appropriates the City's FY2019 CDBG Entitlement Grant and CDBG program income and CDBG Reconciled funds from FY2017 and FY2018 . Ordinance No . 081 , 2019 appropriates the City's FY2019 HOME Participating Jurisdiction Grant from the Department of Housing and Urban Development ( HUD ) . 20 . Items Relating to Regulating Electric Scooters . (staff: Amanda Mansfield , Paul Sizemore ; 10 minute staff presentation ; 30 minute discussion ) A. First Reading of Ordinance No . 082 , 2019 , Amending the Fort Collins Traffic Code Relating to Electric Scooters . B . First Reading of Ordinance No . 083 , 2019 , Amending Chapter 24 of the Code of the City of Fort Collins Relating to Parking of Electric Scooters . The purpose of this item is to amend the Traffic Code and City Code relating to the regulation of the operation and parking of electric scooters . These amendments will treat electric scooters the same as bicycles and electrical assisted bicycles (with three exceptions ) and adds a definition of electric scooter that is consistent with HB 19- 1221 and regulates the parking of electric scooters . • CONSIDERATION OF CITIZEN -PULLED CONSENT ITEMS • OTHER BUSINESS A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council 's Policy Agenda or initiated by staff. ) B . Consideration of a motion to cancel the June 18 , 2019 Regular Council Meeting . " I move that Council cancel its regular meeting of June 18 , 2019 , pursuant to City Code Section 2- 28(a ) , due to the Colorado Municipal League Annual Conference . " • ADJOURNMENT Every Council meeting will end no later than 10 : 30 p . m . , except that : ( 1 ) any item of business commenced before 10 : 30 p . m . may be concluded before the meeting is adjourned and (2 ) the City Council may, by majority vote , extend a meeting until no later than 12 : 00 a . m . for the purpose of considering additional items of business . Any matter which has been commenced and is still pending at the conclusion of the Council meeting , and all matters scheduled for consideration at the meeting which have not yet been considered by the Council , will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting . City of Fort Collins Page 8 City of Fort Collins PROCLAMATION WHEREAS , national research facilities contribute to economic vitality and growth in our community by conducting wide-ranging basic and applied research that results in scientific and commercializable research advancements ; and WHEREAS , the National Wildlife Research Center, located in Fort Collins, is the research arm of the USDA APHIS Wildlife Services Program and is dedicated to finding solutions to challenging wildlife damage management problems related to agriculture, natural resources, property and human health and safety; and WHEREAS , Dr. Larry Clark, Lab Director of the National Wildlife Research Center, has been recognized as Lab Director of the year out of over 300 federal labs across the United States by the Federal Laboratory Consortium for his creativity and tenacious work to commercialize helpful solutions to put research into real-world use and move new technologies into the marketplace; and WHEREAS , Dr. Clark and his team provide federal leadership and expertise to help resolve conflicts between people and wildlife in developing tools that help protect agricultural and natural resources from damaging wildlife and predators, as well as help producers be more productive in their efforts to feed and clothe the world; and WHEREAS , the recognition of Dr. Clark' s accomplishments is but one example of the synergy between federal labs supported by taxpayers and economic vitality when research is conducted in our community. NOW, THEREFORE , I, Kristin Stephens, Mayor Pro Tern of the City of Fort Collins, do hereby declare June 4, 2019 as DR. LARRY CLARK DAY and congratulate Dr. Clark on his outstanding work and contributions at the National Wildlife Research Center. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 4th day of June, A.D . 2019 . ATTEST : Mayor Pro Tem City Clerk Packet Pg . 9 City of Fort Collins PROCLAMATION WHEREAS , despite advances in medical technology and research, men continue to live an average of five years less than women, with Native American and African American men having the lowest life expectancy; and WHEREAS , educating the public and health care providers about the importance of a healthy lifestyle and early detection of male health problems will result in reducing rates of mortality from disease ; and WHEREAS , men who are educated about the value that preventive health will be more likely to participate in health screenings ; and WHEREAS , fathers who maintain a healthy lifestyle are role models for their children and have happier, healthier children; and WHEREAS, the goal of Men' s Health Month is to heighten awareness of preventable health problems and encourage early detection and treatment of disease among men and boys ; and WHEREAS, Men ' s Health Month will focus on a broad range of men ' s health issues, including heart disease, mental health, diabetes, and prostate, testicular and colon cancer; and WHEREAS, the citizens of Fort Collins are encouraged to Wear Blue for Men 's Health to increase awareness of the importance of a healthy lifestyle, regular exercise, and medical check-ups. NOW, THEREFORE , I, Kristin Stephens, Mayor Pro Tem of the City of Fort Collins, do hereby proclaim June as MEN ' S HEALTH MONTH in Fort Collins and encourage our community to pursue preventative health practices and early detection efforts . IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 4th day of June, A.D . 2019 . Mayor Pro Tern ATTEST : City Clerk Packet Pg . 10 City of Fort Collins PROCLAMATION WHEREAS, City Council and staff have committed to make 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 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, all members of the Fort Collins community, including those who are lesbian, gay, bisexual, transgender, queer or questioning, intersex and asexual have the right to feel safe, not be discriminated against and to live without the threat of harassment; and WHEREAS, the City has established the LGBTQIA+ Advisory Committee ; as well as an LGBTQ+ liaison in both Police Services, Human Resources and at the Executive level; and WHEREAS , the City has added protections for LGBTQ+ individuals and families, including partner health benefits and an inclusive employee nondiscrimination policy; and WHEREAS , supporting Fort Collins ' LGBTQ+ community also 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, and acceptance . NOW THEREFORE, I, Kristin Stephens, Mayor Pro Tem of the City of Fort Collins, do hereby declare the month of June 2019 as LGBTQ PRIDE MONTH IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 4th day of June, A.D . 2019 . Mayor Pro Tem ATTEST : City Clerk Packet Pg . 11 City of Fort Collins PROCLAMATION WHEREAS, thousands of Fort Collins residents will experience the joys of bicycling during the month of June through educational programs, commuting events, races, groups rides, or just getting out and going for a ride; and WHEREAS , Fort Collins encourages the increased use of the bicycle, benefiting all citizens by fostering physical and mental health, improving air quality, reducing traffic congestion and noise, decreasing the use of and dependence upon finite energy sources; and WHEREAS , the City of Fort Collins recognizes the use of bicycles as a viable mode of transportation, endeavors to promote safe and responsible bicycling and is committed to incorporating the development of bicycle facilities; and WHEREAS, our City maintains nearly 280 miles of bikeway network which attract thousands of bicyclists each year; and WHEREAS , Fort Collins is nationally recognized as one of only five Platinum Level Bicycle Friendly Communities, as designated by the League of American Bicyclists ; and WHEREAS , Fort Collins was recognized as the second-best city in the nation for bicycling by PeopleForBikes in May 2019, further reflecting the City' s commitment to making Fort Collins a vibrant, multi-modal destination; and WHEREAS, FC Moves, the Bicycle Ambassador Program, Safe Route to School, and other local businesses and organizations will be promoting bicycling as a viable means of transportation during the month of June 2019 . NOW, THEREFORE, I, Kristen Stephens, Mayor Pro Tem of the City of Fort Collins, do hereby proclaim the month of June 2019 as BIKE MONTH in Fort Collins and I encourage citizens to try bicycling as a sensible mode of transportation or recreation and to participate in the many events planned for the summer months, particularly, the 32nd annual Bike to Work Day on June 26 . IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 4th day of June, A.D . 2019 . ATTEST : Mayor Pro Tem City Clerk Packet Pg . 12 City of/00 Fort Collins PROCLAMATION WHEREAS , National Gun Violence Awareness Day is June 7, 2019, and WHEREAS , every day, 100 Americans are killed by gun violence and on average there are nearly 13 ,000-gun homicides every year; and WHEREAS , Americans are 25 times more likely to be killed with guns than people in other high-income countries ; and WHEREAS , support for the Second Amendment rights of law-abiding citizens goes together with keeping guns away from people with dangerous histories; and WHEREAS , in January 2013 , Hadiya Pendleton, a teenager who marched in President Obama ' s second inaugural parade and was tragically shot and killed just weeks later; and WHEREAS , to help honor Hadiya — and the 100 Americans whose lives are cut short and the countless survivors who are injured by shootings every day — a national coalition of organizations has designated June 7 , 2019, the first Friday in June, as the 5th National Gun Violence Awareness Day; and WHEREAS , anyone can join this campaign by pledging to wear orange; they chose this color because hunters wear orange to announce themselves to other hunters when out in the woods and orange is a color that symbolizes the value of human life; and WHEREAS , we renew our commitment to reduce gun violence and pledge to do all we can to keep firearms out of the wrong hands and encourage responsible gun ownership to help keep our children safe. NOW, THEREFORE , I, Kristin Stephens, Mayor Pro Tem of the City of Fort Collins, do hereby proclaim June 7, 2019 as NATIONAL GUN VIOLENCE AWARENESS DAY in the city of Fort Collins to prevent the tragic effects of gun violence and to honor and value human lives. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 4th day of June, A.D. 2019 . ATTEST : Mayor City Clerk Packet Pg . 13 Agenda Item 1 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Delynn Coldiron , City Clerk SUBJECT Consideration and Approval of the Minutes of the May 7 , and May 21 , 2019 , Regular Council Meetings . EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the May 7 and May 21 , 2019 Regular Council meetings . ATTACHMENTS 1 . May 7 , 2019 ( PDF ) 2 . May 21 , 2019 ( PDF ) Item # 1 Page 1 Packet Pg . 14 1 . a May 7 , 2019 COUNCIL OF THE CITY OF FORT COLLINS , COLORADO Council -Manager Form of Government Regular Meeting — 6 : 00 PM • ROLL CALL PRESENT : Pignataro , Gorgol , Gutowsky, Summers , Stephens , Troxell , Cunniff Staff Present : Atteberry, Daggett , Coldiron • AGENDA REVIEW : CITY MANAGER City Manager Atteberry withdrew Item No . 11 , Resolution 2019-057 Making Appointments to the Citizen Review Board, the Natural Resources Advisory Board, the Senior Advisory Board and the Women 's Commission of the City of Fort Collins , from the agenda. • PUBLIC COMMENT TOM LO Sandy Lemburg commented on a Municipal Court case relating to a sweep of the Harmony Park and Ride which resulted in individuals sleeping in cars being charged, whereas truckers sleeping in their trucks were left alone. He also commented on a denied public record request and stated he would like City leaders to look into the situation. Eric Sutherland discussed Connexion rates and stated Longmont customers will be paying, at a c minimum, $5 less just for the purposes of debt service than a Fort Collins customer. He requested 00 Council examine how Fort Collins customers can pay lower rates . T' 0 N Fred Kirsch, Fort Collins Community for Sustainable Energy, discussed the organization and its ti goal to provide support for sustainable energy policies . He stated their current campaign is to CU develop a program that maximizes rooftop and parking lot solar potential in a financially sustainable and socially equitable manner. His group is examining the leasing of school rooftops a by the Fort Collins Utilities for solar panels. U �a Hannah Little, Fort Collins Women's Commission, announced Women's Health Week and Q discussed the importance of education related to women's health. Colleen Conway, Human Relations Commission, read a memo presented to Council welcoming the new Councilmembers and discussing the role of the Human Relations Commission. Eva Arneson, Human Relations Commission, continued reading the memo , requesting Council take a lead role in addressing hate-related incidents in the community. Cindy Davis, Human Relations Commission, continued reading the memo , requesting Council remain committed to creating an inclusive environment in which all citizens are welcomed, valued, and affirmed. Shana Ryken, Women's Commission, announced Women's Health Week and discussed a recent forum on women's health. City of Fort Collins Page 135 Packet Pg . 15 1 . a May 7, 2019 Ethan (no last name given) congratulated the new Councilmembers and encouraged Council to explore a solar on school roofs program being proposed the Community for Sustainable Energy. Chris McCullough, Fort Collins Running Club, stated he has been trying to work with CSU to allow public use of the renovated track on campus and suggested the City construct a track of its own for public use. Sherilyn Comer stated she would like Ordinance No . 042 , 2019 , regarding yard fire pits, repealed. Allison Pankoff discussed the growth of homelessness in Fort Collins and requested Council examine additional affordable housing options . Dave Peterson opposed the passage of the yard fire pit restrictions . Christin Topping opposed the passage of the yard fire pit restrictions and discussed the failed petition effort to get it repealed. Andrew Dewey discussed traffic and speeding near the area of Country Club Road and Lemay N Avenue . LO ti Nancy York stated she is eager to hear about upcoming Council priorities and suggested hot water could be turned off in City buildings to help conserve natural gas . Sarah Haffin expressed concern about equity in the community and discussed ways in which the City's climate goals can be reached while maintaining equitability. She supported the Community for Sustainable Energy proposal to install solar on school roofs . 00 T • PUBLIC COMMENT FOLLOW-UP N ti Mayor Troxell summarized the citizen comments . CU Mayor Pro Tern Stephens thanked the speakers and discussed the importance of women's health. She thanked the members of the Human Relations Commission who spoke and noted Council E discussed equity and inclusivity during its retreat and those issues will be priorities of this Council . M Q Mayor Troxell thanked the speakers, particularly those who admitted it was their first time speaking. • CONSENT CALENDAR Mayor Pro Tern Stephens made a motion, seconded by Council member Cunniff, to adopt and approve all items not withdrawn from the Consent Agenda. City of Fort Collins Page 136 Packet Pg . 16 1 .a May 7, 2019 RESULT : CONSENT CALENDAR ADOPTED [UNANIMOUS] MOVER : Kristin Stephens , District 4 SECONDER : Ross Cunniff, District 5 AYES : Pignataro , Gorgol , Gutowsky, Summers , Stephens , Troxell , Cunniff 1 . Consideration and Approval of the Minutes from the March 5 , March 19 and April 16, 2019 Regular Council Meetings , the March 26, 2019 Adjourned Council Meeting and the April 23 , 2019 Special Council Meeting . (Adopted ) The purpose of this item is to approve the minutes from the March 5 , March 19, and April 16 , 2019 Regular Council meetings, the March 26 , 2019 Adjourned Council meeting and the April 23 , 2019 Special Council meeting . . 2 . Second Reading of Ordinance No . 059 , 2019 , Appropriating Prior Year Reserves and Unanticipated Revenue in the General Fund for Cultural Development and Programming Activities , Tourism Programming , and Convention and Visitor Program Services . (Adopted ) This Ordinance , unanimously adopted on First Reading on April 16 , 2019 , appropriates $667 , 926 , of TOM which $240 , 792 is proposed for 2019 Cultural Development and Programming Activities ( Fort Fund ) , N $28 , 558 is proposed for 2019 Tourism Programming ( Fort Fund ) , and $398 , 576 is proposed for 2019 LO rZ Convention and Visitors Program activities , from a combination of Unanticipated Revenue ( Lodging Tax) and Prior Year Reserves ( unspent appropriations) in the General Fund Lodging Tax Reserves . Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and Tourism = programming activities . Anticipated revenue is projected through each Budgeting for Outcomes ( BFO) cycle and then adjusted annually as needed based on actual collections . Lodging tax revenue M collected in 2018 was $569 , 394 above projected collections . 00 3 . Second Reading of Ordinance No, 060 , 2019 , Making Appropriations and Authorizing Transfers r' of Appropriations for the Suniga Road Improvements Project and Related Art in Public Places . N (Adopted) r� �a This Ordinance , unanimously adopted on First Reading on April 16 , 2019 , appropriates $ 170 , 550 into the Capital Project Fund for the Suniga Road Improvements Project. The City collected these funds as payment in lieu for a development's local street frontage improvements associated with Suniga Road . In addition , this item will authorize the transfer of $ 1 , 705 , one percent of the appropriated funds , from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places . Y Q This project will construct Suniga Road to the City' s four-lane arterial roadway standards between North College Avenue and Blondel Street as identified on the City's Master Street Plan . Improvements include raised , protected bike lanes , pedestrian facilities , transit facilities , utility infrastructure , roadway improvements , and landscaped medians and parkways . The project will complement the existing section of Suniga Road , providing connectivity for surrounding developments from North College Avenue to Redwood Street. This project was approved during the 2017/2018 Budgeting for Outcomes ( BFO) process and will be constructed this year. 4 . Second Reading of Ordinance No. 061 , 2019 , Making Appropriations and Authorizing Transfers of Appropriations for the Willow Street Improvements Project and Related Art in Public Places . (Adopted ) This Ordinance , unanimously adopted on First Reading on April 16 , 2019 , appropriates $435 , 000 of Downtown Development Authority ( DDA) funds , $40 , 364 of Transportation Capital Expansion Fee (TCEF ) funds , and $4 ,439 of Transportation Reserves into the Capital Project Fund for the Willow Street Improvements Project. In addition , this item will authorize the transfer of $4 , 755 , from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places . City of Fort Collins Page 137 Packet Pg . 17 1 .a May 7, 2019 This project will design and construct roadway and urban design improvements along Willow Street between North College Avenue and Linden Street, including a pedestrian plaza at the northern corner of Willow Street and Linden Street . The overall project budget is $4 . 3 million , and construction is scheduled to begin in the summer 2019 . This project was approved through the Community Capital Improvements Program (CCIP ) tax initiative . 5 . Second Reading of Ordinance No . 062 , 2019, Amending Chapter 2 of the Code of the City of Fort Collins to Establish Council Expectations Regarding Action by Boards and Commissions and Member Participation . (Adopted ) This Ordinance , unanimously adopted on First Reading on April 16 , 2019 , amends City Code to provide guidelines on board or commission member participation that require members not to abstain in items they are participating in ; an abstain vote will be treated as a yes vote . Conflict of Interest guidelines continue as they currently exist. 6 . Second Readinq of Ordinance No, 063, 2019 Amending the Code of the City of Fort Collins to Direct Mixed Construction and Demolition Materials to the Future Larimer County Construction and Demolition Waste Processing Facility, Upon Its Completion . (Adopted ) This Ordinance , unanimously adopted on First Reading on April 16 , 2019 , amends City Code to direct all mixed loads of construction and demolition waste to a future County-owned sorting facility, once LO that facility is built. Adopting the recommended building code changes would cause Larimer County to begin development of a sorting/recycling facility for construction and demolition waste . n m 7 . First Reading of Ordinance No, 064, 2019 , Appropriating Prior Year Reserves for Natural Areas Programming Not Included in the 2019 Adopted City Budget. (Adopted ) _ The purpose of this item is to appropriate $ 10 , 215 , 000 in prior year reserves and unanticipated revenues in the Natural Areas Fund . These appropriations are for land conservation and 00 restoration of wildlife habitat, as well as other Natural Areas Department programs to benefit the citizens of Fort Collins . TMM 0 N 8 . First Reading of Ordinance No, 065 , 2019 , Vacating Portions of Hobbit Street Right -of-Way East r; of Shields Street. (Adopted ) The purpose of this item is to vacate a portion of the Hobbit Street right-of-way that was originally intended to be built in connection with the Young 's Creek development plan (Young ' s Creek) . Young 's E Creek would have extended Hobbit Street from its current termination north into its development but was never constructed and has since expired . With the approval of the Landmark Apartments Y Expansion project in place of Young 's Creek , the constructed portion of Hobbit Street (which is not Q being vacated ) will be terminated into a cul -de-sac at its current location . 9 . Resolution 2019-055 Authorizing the City Manager to Execute an Agreement Between the City of Fort Collins , the East Larimer County Water District, the Fort Collins -Loveland Water District, and the North Weld County Water District Regarding a Study Related to a Temporary Shutdown of the Horsetooth Reservoir Soldier Canyon Outlet. (Adopted ) The purpose of this item is to execute an intergovernmental agreement between the City of Fort Collins and the Tri-Districts ( Fort-Collins Loveland , East Larimer County, and North Weld County water districts ) to evaluate alternate water supplies and risk mitigation strategies during an October 2020 planned 45-day shutdown of the Soldier Canyon Dam water supply line from Horsetooth Reservoir to the two drinking water treatment plants serving the City of Fort Collins and surrounding areas . City of Fort Collins Page 138 Packet Pg . 18 1 .a May 7, 2019 10 . Resolution 2019-056 Supporting the Grant Application by Fort Collins Utilities for the United States Department of the Interior, Bureau of Reclamation 's WaterSMART Grant and Authorizing the City Manager to Execute Agreements Regarding Such a Grant. (Adopted ) The purpose of this item is to request City Council support to pursue a United States Bureau of Reclamation WaterSMART Grant: Small Scale Water Efficiency Projects for Fiscal Year 2019 . If awarded , Fort Collins Utilities , through its Water Conservation Division , would use the funds to support commercial -scale waterwise transformations in partnership with homeowners' associations (" HOAs15 ) and commercial customers . Reclamation requires a resolution of City Council support be submitted as part of the grant application package . The Resolution demonstrates that the applicant has support from its governing board to carry out the grant agreement, if awarded . 11 . Resolution 2019-057 Makinq Appointments to the Citizen Review Board , the Natural Resources Advisory Board , the Senior Advisory Board and the Women 's Commission of the City of Fort Collins . (Withdrawn ) The purpose of this item is to appoint individuals to fill vacancies that currently exist on the Citizen Review Board , the Natural Resources Advisory Board , the Senior Advisory Board , and the Women 's Commission . The vacancy on the Citizen Review Board is due to the election of Julie Pignataro as the Councilmember for District 2 who served on the Commission until being sworn in on April 23 , 2019 . The vacancy on the Natural Resources Board is due to the resignation of Luke Caldwell . The vacancy LO on the Senior Advisory Board is due to the resignation of Alan Beatty. The vacancy on the Women 's Commission is due to the election of Emily Gorgol as the Councilmember for District 6 who served on n the Women 's Commission until being sworn in on April 23 , 2019 . • END CONSENT c0 M • CONSENT CALENDAR FOLLOW-UP 000 rn Council member Cunniff commented on Item No . 6, Second Reading of Ordinance No. 063, 2019 N Amending the Code of the City of Fort Collins to Direct Mixed Construction and Demolition Materials to the Future Larimer County Construction and Demolition Waste Processing Facility, Upon Its Completion, stating it will set into motion a series of events that will lead to recycling of a much larger amount of construction materials . E • STAFF REPORTS Y Q A. Community Dashboard Metric: Electric System Average Interruption Duration Index (SAIDI ) (staff: Tim MCollough , Neal May) Kevin Gertig, Utilities Executive Director, stated providing reliable electric service is crucial to Fort Collins' economic health. Neal May, Senior Electrical Engineer, stated SAIDI ( System Average Interruption Duration Index), is a calculation of the total number of outage minutes over a period of time divided by the number of system customers . The indicator provides the average outage length for all customers over a certain period; therefore, lower numbers are better. He discussed average regional SAIDI performance and goals set by the American Public Power Association and stated Fort Collins has been performing below the long-term goal for nearly two years now and is an industry leader in electric system reliability. May stated the largest cause of outages is equipment failure and discussed the ways in which staff has addressed those failures . He also detailed proactive efforts made to reduce outages . City of Fort Collins Page 139 Packet Pg . 19 1 . a May 7, 2019 Councilmember Cunniff commended the proactive efforts of Utilities staff. Mayor Pro Tern Stephens asked for the phone number for customers to call if they experience a power outage. Lisa Rosintoski, Utilities Customer Connections, replied the best number to call is 212-2900 . She also noted all outages are placed on the City's website. Mayor Troxell asked how a system is defined. May replied this metric looks at all of the Utilities customers ; however, other more specific metrics exist. Mayor Troxell noted a distributed electric system works differently and asked if metrics exist to address that system moving forward. May replied the industry has yet to account for that in reliability numbers ; however, Fort Collins Light and Power has been working on creating metrics that include and consider distributed energy resources . Rosintoski discussed a future automated outage notification system that will utilize the advanced metering system. TOM B . Community Dashboard Metric: Affordable Housing Inventory (staff: Tyler Marr, Sue Beck- Ferkiss) n ti Sue Beck-Ferkiss, Social Policy and Housing Program Manager, stated this metric is related to n affordable housing inventory and utilizes the affordable housing strategic goals and the pipeline of expected affordable unit production. 2018 was the first year in which the goal of the affordable = housing strategic plan was exceeded. The City's overarching goal is to achieve 10% affordable housing by the projected buildout of the city in 2040 . 00 o 0 Council member Gorgol asked about the 825 -unit gap and what has led to its increase over time. Beck-Ferkiss replied the affordable housing goals were established with the intent to increase the o ratio of affordable to all housing inventory by 1 % for each plan leading up to buildout. She `" acknowledged it was a lofty goal and stated additional tools may be necessary to achieve the full CU amount of the goal. c a� • COUNCILMEMBER REPORTS E U Councilmember Summers reported on the Center for Family Outreach, the Northern Colorado Q National Day of Prayer, the public employee recognition, and the tourism breakfasts events. Mayor Pro Tern Stephens reported on the La Familia breakfast, the Family Leadership Training Institute panel discussion, and the Mental Health Policy Council meeting. Mayor Troxell reported on the North I-25 Regional Corridor Coalition and the Tri-District Water meetings. He noted this is the first regular meeting of this Council and discussed the weekend's Council retreat and identification of Council priorities . He reported on the Government Hero for Homeless Families award received from the Family Housing Network. Councilmember Pignataro reported on the upcoming MAX 5 -year anniversary party and homeless solutions forum. City of Fort Collins Page 140 Packet Pg . 20 1 . a May 7, 2019 • DISCUSSION ITEMS 12 . Resolution 2019 -058 Naminq Three Downtown Alleys Within the Block Bounded by South Colleqe Avenue , West Oak Street, South Mason Street and West Mountain Avenue and Renaminq a Local Street. (Adopted ) The purpose of this item is to name three downtown alleys that have recently been improved by the Downtown Development Authority. The three alleys are located within the block bounded by South College Avenue, West Oak Street, South Mason Street and West Mountain Avenue. Additionally, staff requests that Pinon Street, a local street, be renamed to West Suniga Road. The proposed alley names are Beardmore Alley, Godinez Alley and Reidhead Alley. Ted Shepard, Chief Planner, stated this Resolution would name three publicly dedicated alleys and rename a short segment of Pinon Street to West Suniga Road. Shepard detailed the locations of the alleys and stated the three proposed names for the alleys came from the list established for naming arterials and collectors; are Beardmore, Godinez, and Reidhead Alleys . Shepard discussed the contributions of these individuals to the community. Shepard stated the renaming of Pinon Street will provide consistency with the Suniga Road N alignment. Lo ti Bob Komives supported the Reidhead Alley naming and stated all three proposed names represent pioneers in the shaping of the downtown area. Donna Reidhead supported the proposed alley names and discussed the history of Dick Beardmore and Jim Reidhead's contributions to the community. 0 0 Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt a, Resolution 2019-058 . N ti Councilmember Cunniff supported the Resolution and noted the downtown area would not be what ca it is without the efforts of these three individuals and families . _ Councilmember Summers supported the Resolution and commended the contributions of the E individuals and families . U �a Mayor Pro Tem Stephens thanked the families and discussed the visionary leadership of the Q individuals . Councilmember Gutowsky commended the families' contributions and the efforts at alley improvements . Mayor Troxell supported the Resolution and discussed the contributions of the individuals to this community and others . RESULT: RESOLUTION 2019-058 ADOPTED [UNANIMOUS] MOVER : Kristin Stephens , District 4 SECONDER : Ross Cunniff, District 5 AYES : Pignataro , Gorgol , Gutowsky, Summers , Stephens , Troxell , Cunniff City of Fort Collins Page 141 Packet Pg . 21 1 . a May 7, 2019 13 . Resolution 2019=059 Revising the List of Names for Arterial and Collector Streets. (Adopted) The purpose of this item is to update the list of names for arterial and collector streets in accordance with City Code Section 24-91 . Ted Shepard, Chief Planner, stated this item updates the list of names for arterial and collector streets addressing the gender imbalance and increasing the total number of names from 76 to 116 . Brandon Mau discussed his grandmother, June Sullivan, and her contributions to the community in terms of starting the first hospice organization in Fort Collins . Councilmember Summers thanked Mr. Mau for his comments and asked to ensure her name be placed on the list. Shepard replied staff is aware of Ms . Sullivan's accomplishments and her name was considered with much enthusiasm. Unfortunately, it duplicates an existing street name in another community in the County; therefore, LETA will not allow the name. He suggested other means of recognizing her contributions . Councilmember Cunniff asked Mr. Mau for an additional comment. Mr. Mau replied his grandmother's maiden name was Silliman and suggested that could possibly be added to the list. U) Councilmember Cunniff requested that name be added for consideration. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Pignataro, to adopt Resolution 2019-059 . Mayor Pro Tern Stephens thanked Shepard for the presentation and efforts at gender-balancing the c list. She also thanked the Women's Commission for its research. 00 CD Councilmember Cunniff suggested the possibility of a process modification to incorporate maiden N names to help expand the list. rk ca Councilmember Gorgol thanked Shepard and stated she was on the Women's Commission when it researched additional names for the list. E Mayor Troxell asked if staff has full biographies of all the individuals on the list. Shepard replied U in the affirmative and outlined the process for updating the list. Q Councilmember Pignataro asked if the list and biographies are available to the public. Karen McWilliams, Historic Preservation Planner, replied it is currently available at the Museum of Discovery or through several published books; however, staff will be attempting to post the information online in the future . RESULT : RESOLUTION 2019 -059 ADOPTED [UNANIMOUS] MOVER : Kristin Stephens , District 4 SECONDER : Julie Pignataro AYES : Pignataro , Gorgol , Gutowsky, Summers, Stephens , Troxell , Cunniff • OTHER BUSINESS City Manager Atteberry announced Ted Shepard's retirement and commended his decades of work for the City and profound impact on Fort Collins . City of Fort Collins Page 142 Packet Pg . 22 1 .a May 7, 2019 Mayor Troxell discussed some of Shepard's many contributions to the City. • ADJOURNMENT The meeting adjourned at 8 : 15 PM. Mayor ATTEST : City Clerk `�" LO co M O O O O N ti _ N t V Q City of Fort Collins Page 143 Packet Pg . 23 1 . b May 21 , 2019 COUNCIL OF THE CITY OF FORT COLLINS , COLORADO Council -Manager Form of Government Regular Meeting — 6 : 00 PM • ROLL CALL PRESENT : Pignataro , Gorgol , Gutowsky, Summers , Stephens , Troxell , Cunniff Staff present: Atteberry, Daggett , Knoll • AGENDA REVIEW : CITY MANAGER City Manager Atteberry stated Item No . 7, First Reading of Ordinance No. 071, 2019, Approving the Second Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport, Now Known as the Northern Colorado Regional Airport, includes an amended agreement and the Resolution for Item No . 11 , Resolution 2019-061 Authorizing the City Manager to Sign a Master Lease Agreement with Zayo Group LLC for Sprint Small Wireless Communication Equipment Attachments on City Facilities in Public `O Rights-of- Way, has been amended to add the word "proposed" before "master license agreement". LO He noted Item No . 12, Resolution 2019-063 Authorizing the City Manager to Enter into an 0 Agreement with the Poudre School District R-I for the School Resource Officer Program updates an existing agreement and adds two corporals to the program. City Manager Atteberry also stated Item No . 17, Resolution 2019-065 Making Board and o Commission Liaison and Council Committee Assignments and Making Appointments to Various 00 External Boards and Authorities, includes a revised Resolution and noted staff is encouraging c Council to not appoint a City/CSU liaison role at this point pending discussions with the new CSU N president. cm �a • PUBLIC COMMENT a� Alan Braslau stated his property, a local Fort Collins landmark, was recently placed on the National Historic Register. He commended intern Kylie Cole on her report and presentation. ca a Jeremy (no last name given) congratulated the new Councilmembers and encouraged Council to avoid spraying for mosquitos in the city. Adam Lovell opposed the use of herbicides in City parks and urged Council to educate itself on the dangers of herbicides and pesticides . He also requested the City put out a pesticide application schedule as it does an herbicide schedule . Mary Elise congratulated the new Councilmembers and encouraged the formation of a more robust Climate Action Plan and opposed the spraying of pesticides and herbicides in the city. Thomas Edwards requested the Mayor not use his name prior to him speaking. He stated he recently moved to a gas heated residence but stated the City has mislead the electric ratepayers in all electric units . He asked when the Spring Creek Trail at Riverside will be completed and commented on the dangers of Laurel Street. City of Fort Collins Page 144 Packet Pg . 24 1 . b May 21, 2019 Jessica MacMillan, Parks and Recreation Board Chair, welcomed the new Councilmembers and commended the City staff in the Parks and Recreation areas . • PUBLIC COMMENT FOLLOW-UP Mayor Troxell summarized the citizen comments . Councilmember Cunniff asked how cars parked in bike lanes, such as those on Laurel Street, are addressed. City Manager Atteberry replied he would discuss that with staff and provide a follow- up memo . Councilmember Cunniff stated he will be looking into the pesticide concerns and asked if a weekly pesticide schedule could be provided to the public . City Manager Atteberry replied that information is well tracked and could likely be provided to the public . He noted Mike Calhoon and his staff are attempting to reduce the use of herbicides and pesticides and he could provide a report for Council . He also stated Council will be receiving a reminder on the City's West Nile policy and practices this week. TMM N LO • CONSENT CALENDAR N Mayor Troxell noted Item Nos . 8, First Reading of Ordinance No. 072, 2019, Designating the Kamal/Livingston Property, 608 West Laurel Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins, and 9, First Reading of Ordinance No. 073, 2019, Designating the Alfred Parker Duplexes I and II, 221 -229 West o Mulberry Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of 00 the Code of the City of Fort Collins , are public hearings . a) N Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky to adopt and approve all items on the Consent Agenda as amended in the packet. RESULT : CONSENT CALENDAR ADOPTED [UNANIMOUS] MOVER : Kristin Stephens , District 4 E SECONDER : Susan Gutowsky, Councilmember AYES : Pignataro , Gorgol , Gutowsky, Summers , Stephens , Troxell , Cunniff a 1 . Second Reading of Ordinance No, 064, 2019, Appropriating Prior Year Reserves for Natural Areas Programming Not Included in the 2019 Adopted City Budget. (Adopted ) This Ordinance , unanimously adopted on First Reading on May 7 , 2019 , appropriates $ 10 , 215 , 000 in prior year reserves and unanticipated revenues in the Natural Areas Fund . These appropriations are for land conservation and restoration of wildlife habitat, as well as other Natural Areas Department programs to benefit the citizens of Fort Collins . 2 . Second Reading of Ordinance No . 065, 2019, Vacating Portions of Hobbit Street Right -of-Way East of Shields Street. (Adopted ) This Ordinance , unanimously adopted on First Reading on May 7 , 2019 , vacates a portion of the Hobbit Street right-of-way that was originally intended to be built in connection with the Young 's Creek development plan . Young 's Creek would have extended Hobbit Street from its current termination north into its development but was never constructed and has since expired . With the approval of the City of Fort Collins Page 145 Packet Pg . 25 1 . b May 21, 2019 Landmark Apartments Expansion project in place of Young 's Creek , the constructed portion of Hobbit Street (which is not being vacated ) will be terminated into a cul-de-sac at its current location . 3 . First Reading of Ordinance No . 066, 2019, Making Appropriations for a Federal Lobbying Contract Related to Regulation of Train Horn Noise . (Adopted ) The purpose of this item is to appropriate $49 , 000 in order to enter into a lobbying contract with Squire Patton Boggs to achieve legislative or regulatory progress on reducing train horn noise in downtown Fort Collins . The City will enter into the lobbying contract without competition as permitted by Section 8- 161 (d ) ( 1 ) of the City Code . 4 . First Reading of Ordinance No . 067 , 2019 , Appropriating Unanticipated Revenue and Authorizing Transfers of Appropriations for a Great Outdoors Colorado Grant Project to Update the Parks and Recreation Policy Plan . (Adopted) The purpose of this item is to appropriate unanticipated grant revenue awarded by Great Outdoors Colorado (GOCO ) to update the Parks and Recreation Policy Plan . The existing Parks and Recreation Policy Plan , dated October 2008 , requires periodic updating to reflect current conditions and address ongoing challenges of the Parks , Recreation , and Park Planning and Development departments . A GOCO Planning Grant application was submitted in November 2018 to supplement project funding . N GOCO released notification of a $75 , 000 grant award for the project in March 2019 . A grant agreement n to accept the grant award is pending , and a resolution authorizing the City Manager to sign the agreement will accompany this Ordinance on Second Reading . y a� 5 . First Reading of Ordinance No. 068 , 2019 , Amending Section 23 -194 of the Code of the City of ' Fort Collins Regarding Natural Areas Permits . (Adopted) The purpose of this item is to modify Chapter 23 , Section 194 ( b ) of the City Code increasing the time c for the Natural Areas Director to review Special Use and Commercial Use permit requests from five 00 business days to fifteen business days . a, 0 6 . Items Relating to Various Amendments to City Code Chapter 26 Pertaining to Utility Services . N (Adopted) A. First Reading of Ordinance No . 069 , 2019 , Amending Section 26-491 of the Code of the City of Fort Collins to Add and Revise Definitions Related to the City's Stormwater System . m B . First Reading of Ordinance No . 070 , 2019 , Amending Section 26-391 of the Code of the City of Fort Collins to Add and Revise Definitions Related to the City' s Municipal Electric Utility System . a The purpose of this item is to make revisions , clarifications and additions to update definitions in City Code Chapter 26 pertaining to Stormwater and Electric Utility Services . 7 . First Reading of Ordinance No, 071 , 2019 , Approving the Second Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins - Loveland Municipal Airport, Now Known as the Northern Colorado Regional Airport. (Adopted) The purpose of this item is to stagger the terms of the citizen members appointed to the Northern Colorado Regional Airport Commission . The current adopted Amended and Restated Intergovernmental Agreement states that appointed citizen members ' terms expire at the same time for all three of the appointed citizen members . City of Fort Collins Page 146 Packet Pg . 26 1 . b May 21, 2019 8 . First Reading of Ordinance No . 072 , 2019, Designating the Kamal/Livingston Property, 608 West Laurel 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 considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1 (e) of the Council's Rules of Meeting Procedures adopted in Resolution 2018-034. The purpose of this item is to consider the request for landmark designation of the Kamal/Livingston Property, 608 West Laurel Street , for its early mid -century vernacular architecture with Colonial Revival details . This is a voluntary designation at the property owner's request. The Landmark Preservation Commission unanimously recommends approving this landmark designation . 9 . First Reading of Ordinance No . 073 , 2019 , Designating the Alfred Parker Duplexes I and II , 221 - 229 West Mulberry 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 considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1 (e) of the Council 's Rules of Meeting Procedures adopted in Resolution 2018-034. N LO The purpose of this item is to consider the request for landmark designation of the Alfred Parker Duplexes I and II , 221 -229 West Mulberry Street, as rare examples of twin American Foursquare ` I duplex architecture . This is a voluntary designation at the property owner' s request. The Landmark Y Preservation Commission unanimously recommends approving this landmark designation . 10 . Resolution 2019-060 Authorizing the City Manager to Sign a Master Lease Agreement with Smartlink for AT&T Small Wireless Communication Equipment Attachments on City Facilities o in Public Rights of Way (Adopted) 00 TOM The purpose of this item is to authorize the City Manager to enter into a Master License Agreement o with Smartlink , working on behalf of AT&T , concerning the use of the City's infrastructure and rights - N of-way for small cellular equipment and associated uses . 11 . Resolution 2019-061 Authorizing the City Manager to Sign a Master Lease Agreement with Zavo Group LLC for Sprint Small Wireless Communication Equipment Attachments on City Facilities in Public Rights-of-Way. (Adopted ) E The purpose of this item is to authorize the City Manager to enter into a Master License Agreement with Zayo , working on behalf of Sprint, concerning the use of the City's infrastructure and rights-of-way Q for small cellular equipment and associated uses . 12 . Resolution 2019-063 Authorizing the City Manager to Enter into an Agreement with the Poudre School District R-1 for the School Resource Officer Program . (Adopted ) The purpose of this item is to authorize the City Manager to enter into an Intergovernmental Agreement ( IGA) between the Poudre School District R- 1 ( District) and the City of Fort Collins , on behalf of Fort Collins Police Services ( FCPS) which updates , replaces and supersedes the previous IGA and continues the School Resource Officer (SRO ) Program . 13 . Resolution 2019-062 Appointing Brandi Lynn Nieto as an Assistant Municipal Judge of the Fort Collins Municipal Court and Authorizing the Execution of an Employment Agreement. (Adopted ) The purpose of this item is to appoint Brandi Lynn Nieto as an Assistant Municipal Judge for the Fort Collins Municipal Court. The City Charter provides for the appointment of judges of the Municipal Court for two (2 ) year terms . Chief Judge Kathleen M . Lane recommends that Ms . Nieto be appointed as a City of Fort Collins Page 147 Packet Pg . 27 1 . b May 21 , 2019 second Assistant Municipal Judge , to serve in the absence of the Chief Judge and Assistant Judge Teresa Ablao . 14 . Resolution 2019-064 Adopting Amended Rules of Procedure Governing the Conduct of City Council Meetings and Council Work Sessions . (Adopted ) The purpose of this item is to update the Rules of Procedure for Council meetings and work sessions to clarify various public hearing processes and provide an option for adoption of the Consent Calendar if 4 or more items are pulled . • END CONSENT • STAFF REPORTS A. School Resource Officer Program . (staff: Jeff Swoboda) Police Chief Swoboda provided a brief overview of the School Resource Officer (SRO) program. Sergeant Laura Lunsford stated there are currently 11 SROs and one sergeant covering 38 schools �, and 25 ,000 students . The three goals of the program are to provide a safe learning environment, LO have school/law enforcement collaboration, and improve relationships between students, staff andLO law enforcement. SROs serve teacher and informal counselor roles as well as the law enforcement Cn role. c Lunsford detailed active shooter training for officers and discussed the training provided to school staff. Two Corporal positions will be added in the 2019-2020 school year. o 00 Councilmember Summers asked how the school training program has been developed. Lunsford TOM replied the standard response protocol is currently being used; it teaches "run, hide, fight". N T N Mayor Pro Tern Stephens commended the work of the program. Councilmember Gorgol thanked Lunsford for her work and commended involving students . She asked if other similarly sized districts have more staff available for this program. Lunsford replied it varies from area to area, but Fort Collins is on par with most other communities . Ca Councilmember Gutowsky expressed appreciation for the relationships being formed as a result of Q the program. She noted those relationships carry into the community as children grow older. Councilmember Cunniff requested additional information regarding the non-law enforcement roles of the SROs. Lunsford replied a strong match between the schools and the SRO is desired during SRO placement and strong relationships are formed. Mayor Troxell commended the presentation and program. • COUNCILMEMBER REPORTS Councilmember Summers reported on the Lesher Bike to School Day and a day he spent teaching at Fort Collins High School. City of Fort Collins Page 148 Packet Pg . 28 1 . b May 21, 2019 Mayor Pro Tem Stephens reported on the Women's Commission breakfast for board and commission members. She also reported on the Northern Colorado Law Enforcement Training Center groundbreaking and the five-year MAX anniversary. Councilmember Pignataro reported on the MAX anniversary, City Works 101 graduation, and Water Literate Leaders of Northern Colorado class. Councilmember Gutowsky reported on the five-year MAX anniversary, Homeless Forum, and Community Equity Consortium. Mayor Troxell reported on the Kids in the Park day at Twin Silo Park, the CM Cares presentations as part of CSU's construction management program, and the recognition of the City by Housing Catalyst at the opening of the Village on Horsetooth. • DISCUSSION ITEMS 15 . Resolution 2019-066 Adopting of FoCo Creates Arts and Culture Master Plan . (Adopted as T Amended) N LO The purpose of this item is to request adoption of the FoCo Creates Arts and Culture Master Plan. LO FoCo Creates Arts and Culture Master Plan is a 10-year plan illustrating the community's vision for 0 the future of the arts, culture and creative sector and providing policy and implementation recommendations. Kelly DiMartino, Senior Assistant City Manager, discussed the new FoCo Creates Arts and Culture Master Plan, stating it is a ten-year plan for the city's arts, culture, and creative sectors. Mc 00 Jim McDonald, Cultural Services Director, stated this plan provides policy and implementation recommendations. He discussed the process of the plan formation and its vision statement which N focuses on equity and inclusivity, diversity of cultural offerings, comprehensive cultural efforts, and experience with the arts throughout the daily lives of citizens. Brian Hughes, Open Stage Theatre and Fort Collins Performing Arts Consortium, supported adoption of the Master Plan. E Cynthia Eichler, Visit Fort Collins, supported adoption of the Master Plan. Q Peggy Lyle, Downtown Fort Collins Creative District, supported adoption of the Master Plan. Mary Kopco, Fort Collins Symphony, supported adoption of the Master Plan. Kit Baker supported adoption of the Master Plan and the hiring of a new Community Programs Manager. Councilmember Summers commended McDonald on his work on the Plan. Councilmember Pignataro commended the work on the Plan and asked if hiring the Creative Director position is part of this Plan. McDonald replied that is a recommendation within the Plan but is not part of the adoption of the Plan, which includes no financial ties as it is only policy. Councilmember Gutowsky commended the Plan. City of Fort Collins Page 149 Packet Pg . 29 1 . b May 21, 2019 Councilmember Cunniff commended the community members on their participation in the process and stated he supports most of the Plan. He expressed concern about including a specific mention of using sales tax as a source of ongoing funding and suggested language replacing "incentivize" with "partner with" . He also requested an additional language change related to identifying opportunities rather than barriers . Councilmembers discussed the wording changes . McDonald discussed the proposed language changes noting the overall goal is enhancement and the elimination of barriers to culture and the arts . Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2019 -066, as amended to include Councilmember Cunniff s suggestions . Mayor Pro Tem Stephens supported the proposed language changes and commended the Plan. Councilmember Cunniff thanked Council for considering his changes and commended the Plan's framework. LO Mayor Troxell commended the Plan and stated he would support its adoption enthusiastically. Lo City Attorney Daggett reviewed the proposed language changes . RESULT : RESOLUTION 2019-066 ADOPTED AS AMENDED [ UNANIMOUS] MOVER : Kristin Stephens , District 4 c SECONDER : Ross Cunniff, District 5 00 AYES : Pignataro , Gorgol , Gutowsky, Summers , Stephens , Troxell , Cunniff 0 N 16 . First Reading of Ordinance No, 074, 2019 , Making Appropriations and Authorizing Transfers of �, Appropriations for the Lemay and Vine Intersection Improvements Project and Related Art in Public Places . (Adopted on First Reading ) The purpose of this item is to appropriate $9. 1 M of Transportation Capital Expansion Fee (TCEF) and Transportation Reserve Funds into the Capital Project Fund for the Lemay and Vine Intersection Improvements Project. In addition, this item will authorize the transfer of $91 , 000, one percent of the appropriated funds, from the Capital Project Fund to the Cultural Services and Facilities Fund for Art Q in Public Places. The overall project cost, including design, property acquisition, and construction, is estimated at $23. 3M. The City has previously appropriated $3. 7M, and this appropriation would add $9. 1 M to the project. The remaining funding needed for the project is $ 10. 5M in 2019 dollars. Chad Crager, City Engineer, stated this item is a request for appropriation for the next phase of the Vine/Lemay realignment project, which is the number one transportation capital improvement project for the City. This appropriation will allow the project to be completed more quickly and at an overall lower cost. Tim Kemp, Engineering Capital Projects Program Manager, stated this is an appropriation of $9 . 1 million of transportation capital expansion fee reserves which have previously been collected through development impact fees and must be spent on transportation improvements that add capacity to the network. Kemp showed photos of the area and discussed the issues with train City of Fort Collins Page 150 Packet Pg . 30 1 . b May 21, 2019 blockages and associated traffic delays . He noted these delays have a negative impact on mobility, air quality, and historic character of the area communities . Kemp detailed the proposed project and phasing plan, noting this appropriation will allow the project to be completed one year sooner and completing another portion of the work at today's dollars would be a benefit. The Council Finance Committee considered this item and supported it being brought before the full Council for consideration. Mayor Pro Tern Stephens asked how the design is being sensitive to the historic neighborhoods, particularly the bridge aspect. Kemp replied early public outreach efforts have shown residents would like a softer heavily planted side slope and stated ongoing conversations will be occurring with residents . Mayor Pro Tern Stephens requested staff provide simulations from neighboring properties for those owners . Councilmember Pignataro commended the idea of the project getting done earlier at a lower cost. LO N Councilmember Cunniff asked about the estimate of cost savings . Crager replied it is about three to five percent, depending on the year the final funding becomes available. L? N Councilmember Cunniff suggested acoustic modeling of the train horns with this structure in place. 5 Mayor Troxell asked if the grade separation would eliminate the need for the train horn altogether. Kemp replied that while the grade separation would be new, the existing Vine/Lemay intersection o would be open necessitating a train horn at that crossing. He stated there is a possibility of 00 implementing a quiet zone in the area. a) N Mayor Troxell asked what is envisioned at the Suniga intersections . Kemp replied the intersection at realigned Lemay and Suniga would be the new major intersection replacing the existing Vine and Lemay and Suniga will intersect with old Lemay as part of a potential new development project. E Councilmember Cunniff asked about restricting truck traffic on the old Lemay. City Manager CU Atteberry replied it will be a local street and any necessary measures will be taken to ensure that Q occurs . Joe Olson, City Traffic Engineer, replied local streets discourage truck traffic and it will be designed as such. Councilmember Gorgol asked about the main concerns heard from neighbors . Kemp replied most individuals are just curious about the completion of the project and design of 91h Street. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Pignataro, to adopt Ordinance No . 074, 2019, on First Reading. Councilmember Cunniff stated he would support this as it is a good use of the capital expansion fee. Mayor Troxell stated he would support the motion and commended Mayor Pro Tern Stephens' idea about providing simulated perspectives for neighboring properties. City of Fort Collins Page 151 Packet Pg . 31 1 . b May 21 , 2019 City Manager Atteberry committed that staff will continue to report back to Council on project financing as well as community outreach. Councilmember Gutowsky asked about the timeline for the completion of Sugar Beet Park versus the completion of the roadway. Crager replied the park will be completed prior to the realigned Lemay project. City Manger Atteberry stated the soonest the Lemay project would be funded, unless Council opted for a process outside the normal budgeting process, would be in the 2021 -2022 budget. RESULT: ORDINANCE NO, 074, 2019 ADOPTED ON FIRST READING [UNANIMOUS] MOVER : Kristin Stephens , District 4 SECONDER : Julie Pignataro AYES : Pignataro , Gorgol , Gutowsky, Summers , Stephens , Troxell , Cunniff 17 . Resolution 2019-065 Making Board and Commission Liaison and Council Committee Assignments and Making Appointments to Various External Boards and Authorities . (Adopted) r N_ The purpose of this item is to make Councilmember liaison assignments to City boards and "' commissions and to Council Committees and to make appointments to external boards and authorities LO on behalf of the City. Councilmember Cunniff suggested he and Councilmember Summers be appointed to the CML c Policy Committee . Councilmember Pignataro suggested Councilmember Gorgol be the new Women's Commission CD liaison. 0 0 Councilmember Gorgol stated she would be interested in being the liaison for either the Poudre `q Heritage Alliance or Poudre Fire Authority. �a Councilmember Summers stated he would like to remain on the Poudre Fire Authority Board but would be willing to give up other liaison roles . E Councilmember Pignataro stated she would give her Poudre School District liaison role to ca Councilmember Gorgol. Q Mayor Pro Tern Stephens suggested Councilmember Gorgol could be an alternate for the Larimer County Behavioral Health Policy Council. City Attorney Daggett reviewed the assignments as discussed. Mayor Pro Tern Stephens offered Councilmember Gorgol the Human Relations Commission liaison role. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2019-065 as amended. City of Fort Collins Page 152 Packet Pg . 32 7 .b May 21, 2019 RESULT : RESOLUTION 2019 -065 ADOPTED [UNANIMOUS] MOVER : Kristin Stephens , District 4 SECONDER : Ross Cunniff, District 5 AYES : Pignataro , Gorgol , Gutowsky, Summers , Stephens , Troxell , Cunniff • OTHER BUSINESS Councilmember Cunniff requested and received Council support to begin further dialogue around community comment with respect to zoning change requests and development review. He would like an understanding of cities that allow citizen feedback via email or other means compared to how many cases have been successfully litigated and overturned. City Attorney Daggett stated there may not be enough of a body of case law to provide much of a pattern; however, staff can research the issue and return to Council with that information. Councilmember Pignataro requested information about public outreach related to avoiding r mosquito breeding areas as part of the mosquito spraying memo . L , ti A. Consideration of a motion to go into executive session . L? N Mayor Pro Tern 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 Il, Section 11 (2), City Code Section 2-31 (a)(2) and Colorado Revised Statutes Section 24-6- o 402(4)(b) : 00 1 . Specific legal questions related to pending litigation regarding the City' s Public Nudity N Ordinance; and r N 2 . The manner in which particular policies, practices or regulations of the City related to public nudity may be affected by existing or proposed provisions of federal, state or local law; and c 3 . Specific legal questions related to pending litigation regarding the City' s approval of a E minor amendment authorizing the Mennonite Fellowship external locker facility; and CU 4 . The manner in which particular policies, practices or regulations of the City related to the Q Mennonite Fellowship external locker facility 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, Councilmember AYES : Pignataro , Gorgol , Gutowsky, Summers , Stephens , Troxell , Cunniff 18 . Possible Motion Directing the City Attorney on Next Steps Related to Litigation Regarding the City ' s Public Nudity Ordinance . (Adopted ) The purpose of this item is for Council to provide possible direction to the City Attorney on the next steps she should take related to pending litigation challenging the City's public nudity ordinance. City of Fort Collins Page 153 Packet Pg . 33 1 . b May 21, 2019 Rich Stave discussed the U. S . and State constitutions and citizen values addressing freedom, liberty, fairness, openness, equality, choice, alignment, quality of life, creativity, safety, business, discrimination, accuracy, and retribution. He discussed public nudity related to these factors . Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to direct the City Attorney to negotiate with the plaintiffs attorneys in the case of FTN versus City of Fort Collins in order to pursue potential settlement of the matter and report back to Council on the outcome of those negotiations while continuing to take such steps as the City Attorney determines are necessary to preserve the City's ability to appeal the United States 1Oth Circuit Court of Appeals decision in this case to the United States Supreme Court. Mayor Troxell stated he would oppose the motion as previous Councils have taken a stand in good faith regarding the ordinance that was adopted. He stated he would prefer the U. S . Supreme Court review. Councilmember Cunniff stated he would support the motion as there are other options available to protect the public interest. r N LO Mayor Pro Tern Stephens stated it is not in the interest of the City to continue with this litigation. LO Councilmember Gutowsky stated she would oppose the motion stating it is in the City's best interest to protect the original ordinance . Councilmember Summers stated he would oppose the motion and concurred with Councilmember Gutowsky. He stated this is no longer just a Fort Collins issue and stated the ruling of the loth CD Circuit Court is an anomaly from other District Courts around the country. a) 0 Councilmember Gorgol stated she would support the motion as this is an equality issue. C4 T N Councilmember Pignataro stated she would support the motion. RESULT: ADOPTED [4 TO 3] _ MOVER : Kristin Stephens, District 4 E SECONDER : Ross Cunniff, District 5 AYES : Pignataro, Gorgol , Stephens , Cunniff `a NAYS : Gutowsky, Summers , Troxell Q City of Fort Collins Page 154 Packet Pg . 34 1 . b May 21, 2019 • ADJOURNMENT The meeting adjourned at 9 : 54 PM . Mayor ATTEST : City Clerk TMM LO ti Lo N N 7 �O M O O O O N N C d L C� a City of Fort Collins Page 155 Packet Pg . 35 Agenda Item 2 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Tyler Marr, Senior Project Manager Chris Van Hall , Legal SUBJECT Second Reading of Ordinance No . 066 , 2019 , Making Appropriations for a Federal Lobbying Contract Related to Regulation of Train Horn Noise . EXECUTIVE SUMMARY This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , appropriates $49 , 000 in order to enter into a lobbying contract with Squire Patton Boggs to achieve legislative or regulatory progress on reducing train horn noise in downtown Fort Collins . The City will enter into the lobbying contract without competition as permitted by Section 8- 161 (d )( 1 ) of the City Code . STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading . ATTACHMENTS 1 . First Reading Agenda Item Summary, May 21 , 2019 ( PDF ) 2 . Ordinance No . 066 , 2019 ( PDF ) Item # 2 Page 1 Packet Pg , 36 ATTACHMENT 1 2' 1 Agenda Item 3 AGENDA ITEM SUMMARY May 21 , 2019 City Council - L f+ STAFF = O (U Tyler Marr, Senior Project Manager c Chris Van Hall , Legal M O J SUBJECT FU m First Reading of Ordinance No . 066 , 2019 , Making Appropriations for a Federal Lobbying Contract Related to um Regulation of Train Horn Noise . m N O EXECUTIVE SUMMARY Z _ The purpose of this item is to appropriate $49 , 000 in order to enter into a lobbying contract with Squire Patton Boggs to achieve legislative or regulatory progress on reducing train horn noise in downtown Fort Collins . The City will enter into the lobbying contract without competition as permitted by Section 8- 161 (d )( 1 ) of the City Code . co STAFF RECOMMENDATION M O Staff recommends adoption of the Ordinance on First Reading . °.° rn BACKGROUND / DISCUSSION N The City has been pursuing a reduction in train horn noise through the downtown core for many years , most N notably in the form of a quiet zone , which would allow train operators to refrain from blasting horns at every crossing . These efforts have been met with resistance , challenges , and roadblocks from the Federal Railroad Administration ( FRA) , who has to date proven unwilling to work collaboratively, or evaluate federal law beyond a very strict and narrow interpretation . The City has been denied a waiver to the requirement for gates along the E Mason corridor despite evidence of meeting safety criteria and has been unable to get firm next steps from FRA E on what might be alternative solutions that they would consider. y E City Council and staff have worked with the federal government through multiple angles , including seeking r' support of appointed officials from both the Obama and Trump administrations . These efforts have resulted in additional conversations with the FRA but have not produced meaningful results . Recent visits to Washington , D . C . included conversations with our Congressional delegation and members of the Trump administration Q indicating that a legislative approach could be the most expedient way to see relief. With multiple opportunities to include language in upcoming federal legislation , such as the reauthorization of the surface transportation act ( FAST) , the Fiscal Year 2020 federal budget process , or a potential infrastructure deal , staff believes it is an appropriate time to engage outside help to achieve legislative results . A federal LA could assist in trying to make progress on multiple fronts , including : LL • An appropriations provision prohibiting federal funds to enforce FRA requirements related to our efforts ; • An exemption from the regulations for receiving a Quiet Zone from FRA; and E • A permanent exemption via legislation that effectively establishes a Quiet Zone via Congress . Staff has identified Squire Patton Boggs ( SPB ) as a preferred provider for lobbying services to address these Q opportunities . The City will enter into the lobbying contract pursuant to Section 8- 161 (d )( 1 ) of the City Code , because there exists more than one responsible source , a competitive process cannot reasonably be used or, if Item # 3 Page 1 Packet Pg . 37 2. 1 Agenda Item 3 used , will result in a substantially higher cost to the City, will otherwise injure the City' s financial interests or will substantially impede the City's administrative functions or the delivery of services to the public. The City works with the firm on other projects - currently and most notably Halligan Reservoir efforts - and SPB has a national team (including expertise in railroad issues) that we believe can help secure necessary sponsors and supporters for relevant legislation . SPB has proposed a one-year retainer with the City at the cost of $7 , 000 monthly , or $84 , 000 for a twelve-month engagement, however, the City will only be entering into the contract for seven `YL° months at a cost of $49 , 000 , with an option to extend the contract if Council subsequently approves an additional = 0 $35 , 000 for another five months of engagement. Staff will bring this proposed additional funding in the 2020 U budget revision process . SPB and staff believe this is enough time to make substantial progress on the legislative 0 rM and regulatory fronts . Staff plans to begin work with SPB immediately upon securing an appropriation , so as to not miss timely opportunities in the Congressional calendar. m CITY FINANCIAL IMPACTS m UM a) Staff has identified the General Fund reserves as a source for the needed $49 , 000 because the debt service N payments related to the financing of the 1 -25/Project and Regional Police Training Facility projects was $350 , 000 z less than originally budgeted for. The $49 , 000 to cover costs under this contract for 2019 will be deducted from = this $350 , 000 savings and the remainder of the contract costs will be captured in the 2020 budget revision process . c0 co 0 ti M O 00 O O N N T ns E E 7 N E a) _ a) 01 Q 01 _ N V1 i LL _ a) E t V ns Q Item # 3 Page 2 Packet Pg . 38 2.2 ORDINANCE NO, 066, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPROPRIATIONS FOR A FEDERAL LOBBYING CONTRACT RELATED TO REGULATION OF TRAIN HORN NOISE WHEREAS , the City has been trying to achieve a reduction in train horn noise through the downtown core for many years, most notably in the form of attempting to establish a quiet zone along the Mason corridor, which would prohibit train operators traveling along the Mason corridor L from using train horns within the established quiet zone, except in rare circumstances ; and c U WHEREAS , despite various attempts, the City has not been successful in establishing a c quiet zone along the Mason corridor due to the way the Federal Railroad Administration (the "FRA") interprets relevant regulations ; and 0 WHEREAS , the City has not been able to obtain further direction from the FRA on what might be a workable solution to establish a quiet zone along the Mason corridor; and a� N WHEREAS , after further discussion with representatives of Congress and members of the z Trump administration, it appears the best solution to establish a quiet zone along the Mason c corridor would be to pursue various legislative solutions through Congress that may allow the City to establish a quiet zone or to otherwise reduce train horn noise through the downtown core ; and 0 WHEREAS , staff has evaluated prospective providers of lobbying services and has co identified Squire Patton Boggs (SPB) as the preferred provider to help secure necessary sponsors M and support for a legislative solution to the train horn noise issue; and 00 ,. WHEREAS , this Ordinance appropriates $49,000 for 2019 lobbying services from SPB for N seven months, with an option to extend the contract for an additional five months if Council subsequently appropriates an additional $35 ,000 in the 2020 budget revision process, or otherwise ; o and 6 z as WHEREAS , staff plans to begin work with SPB immediately upon securing an appropriation, so as to not miss timely opportunities in the Congressional calendar; and O WHEREAS, this appropriation serves the public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of reducing noise pollution within the City' s downtown core; and WHEREAS , Article V, Section 9 of the City Charter permits the City Council to Q appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS , the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the General - 1 - Packet Pg . 39 2.2 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. 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 General Fund the sum of FORTY NINE THOUSAND DOLLARS ($49 ,000) for expenditure in the General v Fund for a Federal Lobbying Contract with Squire Patton Boggs related to Train Horn Noise. c Introduced, considered favorably on first reading, and ordered published this 21 st day of c May, A.D . 2019 , and to be presented for final passage on the 4th day of June, A.D . 2019 . �j L Mayor N 'o ATTEST : z M co co 0 Chief Deputy City Clerk co ti M O Passed and adopted on final reading on the 4th day of June, A.D . 2019 . °�° 0 0 N �O �O O O Mayor Pro Tem Z ATTEST : �a O City Clerk E U Q -2- Packet Pg . 40 Agenda Item 3 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Suzanne Bassinger, Civil Engineer III Kurt Friesen , Director of Park Planning & Development Jody Hurst, Legal SUBJECT Items Relating to a Great Outdoors Colorado Grant Project to Update the Parks and Recreation Policy Plan . EXECUTIVE SUMMARY A. Second Reading of Ordinance No . 067 , 2019 , Appropriating Unanticipated Revenue and Authorizing Transfers of Appropriations for a Great Outdoors Colorado Grant Project to Update the Parks and Recreation Policy Plan . B . Resolution 2019-067 Authorizing the City Manager to Enter into a Grant Agreement with the State Board of the Great Outdoors Colorado Trust Fund for the Receipt of Funds for the Project to Update the Parks and Recreation Policy Plan . This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , appropriates unanticipated grant revenue awarded by Great Outdoors Colorado (LOCO ) to update the Parks and Recreation Policy Plan . The existing Parks and Recreation Policy Plan , dated October 2008 , requires periodic updating to reflect current conditions and address ongoing challenges of the Parks , Recreation , and Park Planning and Development departments . A GOCO Planning Grant application was submitted in November 2018 to supplement project funding . GOCO released notification of a $75 , 000 grant award for the project in March 2019 . Resolution 2019-067 authorizes the City Manager to execute an agreement to accept the grant award . STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading and the Resolution . ATTACHMENTS 1 . First Reading Agenda Item Summary, May 21 , 2019 (w/o attachments) (PDF ) 2 . Ordinance No . 067 , 2019 ( PDF ) Item # 3 Page 1 Packet Pg . 41 ATTACHMENT 1 3 . 1 Agenda Item 4 AGENDA ITEM SUMMARY May 21 2019 CouncilCity _ a m STAFF Suzanne Bassinger, Civil Engineer III a Kurt Friesen , Director of Park Planning & Development +, Jody Hurst, Legal 'L^ V O SUBJECT 0 C9 First Reading of Ordinance No . 067 , 2019 , Appropriating Unanticipated Revenue and Authorizing Transfers of Appropriations for a Great Outdoors Colorado Grant Project to Update the Parks and Recreation Policy Plan . O EXECUTIVE SUMMARY 00 M O The purpose of this item is to appropriate unanticipated grant revenue awarded by Great Outdoors Colorado 00 (GOCO) to update the Parks and Recreation Policy Plan . The existing Parks and Recreation Policy Plan , dated N October 2008 , requires periodic updating to reflect current conditions and address ongoing challenges of the Parks , Recreation , and Park Planning and Development departments . A GOCO Planning Grant application was submitted in November 2018 to supplement project funding . GOCO released notification of a $75 , 000 grant award for the project in March 2019 . A grant agreement to accept the grant award is pending , and a resolution cYc authorizing the City Manager to sign the agreement will accompany this Ordinance on Second Reading . c 0 STAFF RECOMMENDATION 3 o� Staff recommends adoption of the Ordinance on First Reading . c�•i BACKGROUND / DISCUSSION �a The Parks and Recreation Policy Plan is the guiding document for the Parks , Recreation and Park Planning and Development departments . Updates to the Policy Plan are scheduled on a regular basis to reflect then-current conditions and address evolving needs of the community and the departments . The existing Parks and E Recreation Policy Plan was adopted October 2008 and requires updating . 0 W CITY FINANCIAL IMPACTS aEi The unanticipated grant revenue of $75 , 000 from GOCO will be matched by a total of $275 , 000 through a •a combination of existing appropriated funds from the Park Planning and Development Department in the Neighborhood Parkland Fund ($ 175 , 000 ) , the Recreation Department in the Recreation Fund ($75 , 000 ) , and the Q Parks Department in the General Fund ($25 , 000 ) . No additional financial impacts are anticipated . BOARD / COMMISSION RECOMMENDATION At its October 2018 meeting , the Parks and Recreation Board discussed the grant application and created a ;n letter of recommendation to the GOCO Program Officer. (Attachment 1 ) ii m E �a a Item # 4 Page 1 Packet Pg . 42 3 . 1 Agenda Item 4 PUBLIC OUTREACH No public outreach was performed for the grant application . Extensive public outreach will be an integral part of a the development of the Policy Plan update , and the grant funds will be used , in part, to assure a robust community U outreach effort. 73 ATTACHMENTS L 1 . Parks and Recreation Board Letter of Recommendation ( PDF ) a _ 'L^ V O U O C9 ti co 0 0 M O 0 V1 _ N E t U O 3 o� 0 N N E E 7 E N O _ N a1 Q a1 _ N N L_ f+ _ E V a Item # 4 Page 2 Packet Pg . 43 3.2 ORDINANCE NO, 067, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR A GREAT OUTDOORS COLORADO GRANT PROJECT TO UPDATE THE PARKS AND RECREATION POLICY PLAN WHEREAS , the City has been awarded a Great Outdoors Colorado ("GOCO") grant in the amount of $75 ,000 that will be used to update and revise the City' s Parks and Recreation Policy Plan (the "GOCO Grant") ; and o a WHEREAS, the GOCO Grant will be used to evaluate, update, and create a clear vision of the future of the City ' s parks and recreation system; and �a N WHEREAS , the GOCO Grant requires a 25 % match from the City and at least 10% of the CU match must be from cash resources; and a �a WHEREAS , the City has $25 ,000 set aside as matching funds from the General Fund; and O WHEREAS, the Parks and Recreation Board voted to support the grant application; and U O C9 ti WHEREAS , this appropriation benefits public health, safety, and welfare of the citizens of o Fort Collins and serves the public purpose of helping the City to plan for future parks and W co recreation activities for all of the Citizens of Fort Collins to enjoy; and 00 M O 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 N that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and c 6 z WHEREAS , the City Manager has recommended the appropriation described herein and c determined that this appropriation is available and previously unappropriated from the Neighborhood Parkland Fund and will not cause the total amount appropriated in the o Neighborhood Parkland Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and E 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 Q 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 - 1 - Packet Pg . 44 3 .2 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 Neighborhood Parkland Fund the sum of ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($ 175 ,000) for the GOCO Grant and appropriated therein. Section 3 . That the unexpended appropriated amount of SEVENTY-FIVE o THOUSAND DOLLARS ($75 ,000) in the Recreation Fund is authorized for transfer to the E Neighborhood Parkland Fund and appropriated therein as matching funds for the GOCO Grant. _ Section 4 . That the unexpended appropriated amount of TWENTY-FIVE y THOUSAND DOLLARS ($25 ,000) in the General Fund is authorized for transfer to the CU Neighborhood Parkland Fund and appropriated therein as matching funds for the GOCO Grant. a Introduced, considered favorably on first reading, and ordered published this 21 st day of May, A.D. 2019 , and to be presented for final passage on the 4th day of June, A.D . 2019 . O U O C9 CD ti m Mayor W ATTEST : N 00 M O 00 v r N Chief Deputy City Clerk 0 Passed and adopted on final reading on the 4th day of June, A . D . 2019 . Z a� U _ _ L O Mayor Pro Tem c ATTEST : E Ca a City Clerk -2- Packet Pg . 45 RESOLUTION NO . 2019-067 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT AGREEMENT WITH THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND FOR THE RECEIPT OF FUNDS FOR THE PROJECT TO UPDATE THE PARKS AND RECREATION POLICY PLAN WHEREAS , the Board of the Great Outdoors Colorado Trust Fund ("GOCO") is a political subdivision of the State of Colorado which invests a portion of the net proceeds of the Colorado Lottery in the State ' s parks, wildlife, open space and recreational resources ; and WHEREAS , in 1994, GOCO created a statewide grant program wherein eligible entities could apply for grants for local government parks and outdoor recreation projects ; and WHEREAS, on November 6, 2018 , the City Council approved Resolution 2018 - 107 supporting the City' s application for a GOCO grant to help offset the cost of updating the City' s Parks and Recreation Policy Plan (the "Project") ; and WHEREAS, the City has been awarded a GOCO grant in the amount of $75 ,000 for the Project; and WHEREAS , the City must sign an agreement with GOCO ("Grant Agreement") before the City will become entitled to receive funds from GOCO for the Project; and WHEREAS , the proposed Grant Agreement is attached as Exhibit "A" and incorporated by this reference ; and WHEREAS , the City is authorized to enter into intergovernmental agreements, such as a grant agreement, to provide any function, service or facility, under Article II, Section 16 of the Charter of the City of Fort Collins and Section 29- 1 -203 , C .R. S . ; and WHEREAS , the GOCO Grant Agreement requires a resolution, adopted by the governing body of the Grantee, authorizing the execution of the Grant Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2 . That the City Council hereby approves the terms of the Grant Agreement, and the authorizes the City Manager to enter into the Grant Agreement with GOCO obligating the City to use the $ 75 ,000 in grant proceeds to update and revise the City' s Parks and Recreation Policy Plan, in substantially the form of agreement attached as Exhibit "A," together - 1 - Packet Pg . 46 with such other terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the best interests of the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of June, A.D . 2019 . Mayor Pro Tern ATTEST : City Clerk -2 - Packet Pg . 47 EXHIBIT A GRANT AGREEMENT Project Name : Park and Recreation Master Plan Update Project Completion Date : March 6, 2021 Great Outdoors Colorado Contract No . : 19363 PARTIES TO AGREEMENT O Cn Board/GOCO : The State Board of the Great Outdoors Colorado Trust Fund w Address : 1900 Grant Street, Suite 725 Denver, CO 80203 a a� Telephone : (303 ) 226-4520 Contact name : Matt Brady a Grantee : City of Fort Collins Address : 2145 Centre Avenue, Fort Collins, CO 80526 L O O Contact name : Suzanne Bassinger V O O ti co 0 Date : May 28 , 2019 y EXHIBITS co 0 0 Exhibit A Project Summary Q Exhibit B Resolution Exhibit C Approved Budget w a� a Page 1 of 13 Updated 1 /2019 Packet Pg . 48 RECITALS A. The State Board of the Great Outdoors Colorado Trust Fund ("GOCO" or "Board") is a political subdivision of the State of Colorado, created by Article XXVII of the Colorado Constitution, adopted at the November 1992 General Election, which article appropriates a portion of the net proceeds of the Colorado Lottery to GOCO and directs GOCO to invest those proceeds in the state ' s parks, wildlife, open space, and recreational resources . B . In 1994, GOCO created a statewide grant program pursuant to which eligible entities could apply for grants to plan for local government parks and outdoor recreation projects. Grantee listed above ("Grantee") submitted a detailed project application ("Project Application") that contemplates the execution of the project entitled above and described in GOCO ' s project w summary ("Project Summary") , attached and incorporated as Exhibit A ("Project") . GOCO W approved Grantee ' s Project Application, which is incorporated into this Agreement by reference, on March 6, 2019, subject to the execution of a detailed grant agreement. GOCO and Grantee a each have on file a copy of the Project Application. C . The parties intend this agreement to be the detailed grant agreement required by GOCO N ("Agreement") . a L AGREEMENT O O U NOW, THEREFORE, in consideration of the parties ' mutual covenants contained in this O a Agreement and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows : co 0 SECTION 1 — PROJECT 0 0 0 Q 1 . Incorporation of Recitals . The Recitals set forth above are incorporated into this Agreement. x w 2 . Representations and Warranties of Grantee. Grantee is a Municipality, duly organized in accordance with the laws of Colorado and has full and lawful authority to enter into, and comply with the terms of, this Agreement. Grantee ' s governing body has authorized entering into this Agreement as evidenced by the resolution attached and incorporated as Exhibit B . a 3 . Grant and Project. GOCO awards to Grantee a grant in the amount not to exceed $75 ,000 . 00 ("Grant"), subject to the terms and conditions set forth in this Agreement. The Grant shall be used by Grantee solely to complete the Project in substantial conformity with the Project Application approved by GOCO. In the event of a conflict between the Project Application and the Project Summary, the parties shall resolve the conflict by mutual agreement. 4. Project Scope. Grantee shall not materially modify the Project without the prior written approval of the Executive Director of GOCO ("Executive Director") or the Executive Director' s Page 2 of 13 Updated 1 /2019 Packet Pg . 49 designee, such approval to be in GOCO ' s sole discretion. Any material modification to the Project undertaken without GOCO ' s prior written consent may be deemed a breach of this Agreement, entitling GOCO to all remedies available under this Agreement. If Grantee determines with reasonable probability that the Project will not or cannot be completed as approved by the Board, Grantee will promptly so advise the Board and cooperate in good faith to seek a resolution before any further funds are advanced. 5 . Grantee Efforts . Grantee agrees to use reasonable efforts to complete the Project in a timely fashion, in a good and workmanlike manner, and consistent with this Agreement and GOCO ' s approvals related to the Project. O 6 . Approved Budget. Grantee has completed a detailed budget that reflects all anticipated w sources and uses of funds for the Project, including a detailed accounting of Grantee ' s W anticipated direct costs associated with the Project, a copy of which is attached and incorporated M as Exhibit C ("Budget") . The Project Application contains a budget that may not match the a approved version attached as Exhibit C and which, therefore, shall not be relied upon by GOCO or Grantee . Where discrepancies exist, the approved Budget in Exhibit C shall control until such = time as GOCO approves the final version. N 7 . Waiver. Prior to the disbursement of funds, the Executive Director in his or her discretion a may waive certain conditions set forth in this Agreement. Anything else to the contrary L notwithstanding, the exercise by GOCO staff ("Staff'), the Executive Director, or GOCO of any a right or discretion reserved to them under this Agreement shall not be deemed a waiver. v Furthermore, no waiver by them under this Agreement shall constitute a waiver of any other O O requirements, actions, or conditions, nor shall any waiver granted be deemed a continuing waiver. No waiver by the Staff, the Executive Director, or GOCO shall be effective unless in writing executed by them. Additionally, any failure by the Staff, the Executive Director, or co GOCO to take any actions as set forth in this Agreement shall have no legal effect on the contractual duties of Grantee . Further, no waiver with respect to this Project, Grant, or 00 Agreement shall constitute a waiver in any other GOCO-funded project. Q 8 , Future Funding. This Agreement and the Grant only apply to the Project specifically described in this Agreement. GOCO makes no representations regarding future funding for w future phases of the Project, whether or not described in the Project Application, Project Summary, or otherwise. E SECTION 2 — GRANT PAYMENT a 9 . Eligible Costs. The Grant and all matching funds shall be used only for eligible expenses approved by GOCO in the Budget; these costs are eligible for reimbursement on the basis of costs actually incurred by Grantee and supported by written documentation (receipts, bills, etc.) . Page 3 of 13 Updated 1 /2019 Packet Pg . 50 10 . Payment of Grant. A. Progress Payment. Grantee may opt to receive a portion of the Grant after starting but prior to completing work on the Project ("Progress Payment") . Grantee shall provide GOCO with a progress report detailing expenditures and progress made to date ("Progress Report") . The Progress Report must be submitted using GOCO ' s Progress Report form (available at www. og co . org or by contacting GOCO) . GOCO may, in its discretion, request additional documentation to support making a Progress Payment. A Progress Payment shall not exceed 50% of the Grant or the maximum percentage of funds GOCO can expend for the project to date based on the program' s matching requirements, whichever is less. A Progress Payment shall be considered a loan until the Project is complete and Final Payment (as defined below) has been O made. N w W B . Final Payment. Grantee shall submit a final report to GOCO detailing the accomplishments of and expenditures related to the Project and its completion ("Final Report") . a The Project is "complete" when all the tasks and final products contemplated in the Project Application have been completed. The Final Report must be submitted using GOCO ' s Final = Report form (available at www. og co .org or by contacting GOCO) . GOCO may, in its discretion, N request additional documentation before its approval of the contents of the Final Report. Upon GOCO ' s review and approval of the Final Report, GOCO shall pay the outstanding balance on a the Grant ("Final Payment"), subject to any reductions contemplated by any provision of this L Agreement. a O U C. GOCO Review. GOCO shall have 30 days to review any Progress Report and O a Final Report and respond to Grantee. 0 D . Modifications. Payment of the Grant is subject to the Project being completed CO with no material modifications made, except as otherwise agreed to in advance by GOCO in accordance with this Agreement. The Grant will not be increased, but GOCO may reduce the CO Grant if the Project changes in any way that GOCO deems material. "Material modifications" Q may include, but are not necessarily limited to, a reduction in the total cost of the Project, a reduction in the scope of the anticipated planning process (for example, elimination of an element of a master plan), or any other variance from the Project as presented in the Project w Application. It is the sole responsibility of Grantee to inform GOCO of any such modifications to the Project. GOCO strongly encourages Grantee to contact GOCO in writing when it becomes E aware of or wishes to make any such modifications, however seemingly minor, to the Project. E. Net Lottery Proceeds. Payment of the Grant is also subject to GOCO ' s a determination in its sole discretion that it has received and has available sufficient net lottery proceeds to fund the Grant. In determining the sufficiency of net lottery proceeds, GOCO may consider all facts and circumstances as it deems necessary or desirable, including but not limited to adequate reserves, funding requirements, and/or commitments for other past, current, and future grants, and past, current, and future GOCO operating expenses and budgetary needs . 11 . Withdrawal of GOCO Funding; Termination of Agreement. Anything in this Agreement to the contrary notwithstanding, with prior notice to Grantee, GOCO reserves the right to Page 4 of 13 Updated 1 /2019 Packet Pg . 51 withhold or withdraw all or a portion of the Grant, to require a full or partial refund of the Grant, and/or to terminate this Agreement if GOCO determines in its sole discretion that: A. Altered Expectations . Facts have arisen or situations have occurred that fundamentally alter the expectations of the parties or make the purposes for the Project or the Grant as approved by GOCO infeasible or impractical; B . Material Project Changes . Material changes in the scope or nature of the Project have occurred from that which was presented in the Project Application, approved by GOCO and reflected in the Project Summary, without prior written approval of the Executive Director; O C . Inaccuracies . Any statement or representation made or information provided by w Grantee in the Project Application, this Agreement, the Progress Report, the Final Report, or W otherwise is untrue, inaccurate, or incomplete in any material respect; FL D . Reporting. The results of GOCO ' s review of the Progress Report or the Final Report are not acceptable to GOCO ; _ E . Conditions Precedent Not Fulfilled or Unsatisfactory. Any of the conditions precedent to funding listed in Section 3 below is not fulfilled by Grantee or is unsatisfactory to a GOCO, in its sole discretion; L O F . Delays. The Project will not or cannot be completed by the Completion Date or v any extensions granted, or delays in the implementation of the Project have occurred that make O O the Project impracticable in the Board' s judgment; or 0 G. Costs . The Project will not or cannot be completed within the Budget or any co approved modifications, or the total Project cost and/or Grantee ' s matching funding are reduced. 0 0 SECTION 3 — CONDITIONS PRECEDENT a 12 . Completion Date. Grantee shall complete the Project and submit its Final Report no later w than March 6, 2021 ("Completion Date"), which is two years after the date of GOCO ' s approval of the Project. Grantee may request an extension of the Completion Date in compliance with GOCO ' s Overdue Grants procedure, as may be amended from time to time by GOCO in its sole discretion. GOCO may elect to terminate this Agreement and deauthorize the Grant in the event a this Completion Date is not met and/or Grantee fails to comply with the Overdue Grants procedure. 13 . Conditions Precedent to Funding. Anything else in this Agreement or otherwise to the contrary notwithstanding, the Grant is expressly conditioned upon Grantee ' s fulfillment of all terms and conditions of this Agreement to GOCO ' s satisfaction in its sole discretion, including but not limited to the following : Page 5 of 13 Updated 1 /2019 Packet Pg . 52 A. Matching Funds. Matching funds in the minimum amount required by GOCO policy or procedure and as set forth in the approved Budget, or as modified and approved in compliance with GOCO procedures, must have been received by Grantee, or the status of efforts to secure matching funding was disclosed and has been deemed satisfactory by Staff. Grantee shall provide evidence of matching funds as GOCO may require in its reasonable discretion. B . GOCO Policies and Procedures. The Project must comply with all of GOCO ' s policies and procedures, which may be amended from time to time by GOCO in its sole discretion, and must meet any special Board conditions as listed in the attached Project Summary (Exhibit A) . O Cn LU SECTION 4 — OTHER PROVISIONS W 14. Publicity and Project Information. GOCO has the right and must be provided the a opportunity to use information gained from the Project; therefore, Grantee shall acknowledge GOCO funding in all news releases and other publicity issued by Grantee concerning the Project. MD If any events are planned in relationship to the Project, GOCO shall be acknowledged as a N contributor in the invitation for the event. GOCO shall be notified of any such events 30 days in advance . Grantee shall cooperate with GOCO in preparing public information pieces about the a Project. If Grantee uses the Grant to create, maintain, or update its website or uses its website to L disseminate information about the Project, Grantee shall acknowledge Board funding on its c9 website. If Grantee uses the Grant to create, publish, or update any written material or uses such v written material to disseminate information about the Project, Grantee shall acknowledge Board O O funding in the written material. GOCO reserves the right to use and duplicate this information in any print or electronic publication or platform for publicity, illustration, advertising, web content, and other purposes at any time without the need to seek pre-approval from Grantee . At no time co shall Grantee represent in any manner to the public or to any party that it is affiliated with GOCO or acting on behalf of GOCO . 00 15 , Liability. Q A. Indemnity. To the extent allowed by law, Grantee shall be responsible for and w shall indemnify, defend, and hold harmless GOCO, its officers, agents, and employees from any and all liabilities, claims, demands, damages, or costs (including reasonable attorneys ' fees) resulting from, growing out of, or in any way connected with or incident to Grantee ' s performance of this Agreement. Grantee waives any and all rights to any type of express or a implied indemnity or right of contribution from the State of Colorado, GOCO, its members, officers, agents, or employees for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement. B . No CGIA Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, either express or implied, of any of the immunities, rights, benefits or protections provided to GOCO under the Colorado Governmental Immunity Act as amended or as may be amended in the future (including without limitation any amendments to such statute, or under any similar statute that is subsequently enacted) ("CGIA") . This provision may apply to Page 6 of 13 Updated 1 /2019 Packet Pg . 53 Grantee if Grantee qualifies for protection under the Colorado Governmental Immunity Act, C .R. S . § 24- 10- 101 , et seq. GOCO and Grantee understand and agree that liability for claims for injuries to persons or property arising out of the negligence of GOCO, its members, officials, agents, and employees may be controlled and/or limited by the provisions of the CGIA. The parties agree that no provision of this Agreement shall be construed in such a manner as to reduce the extent to which the CGIA limits the liability of GOCO, its members, officers, agents, and employees . C . Compliance with Regulatory Requirements and Federal and State Mandates. Grantee assumes responsibility for compliance with all regulatory requirements in all applicable areas, including but not limited to nondiscrimination; worker safety; local labor preferences ; preferred vendor programs ; equal employment opportunity; use of competitive bidding; permits ; N w approvals ; local, state, and federal regulations and environmental laws ; and other similar W requirements. To the maximum extent permitted by law, Grantee agrees to indemnify, defend, M and hold harmless GOCO, Executive Director, and Staff from any cost, expense, or liability for a any failure to comply with any such applicable requirements . D. Nondiscrimination . During the performance of this Agreement, Grantee and its N contractors, subcontractors, and agents shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical 4 handicap, medical condition, marital status, age, sex, or any other basis prohibited by local, state, L or federal law. Grantee and its contractors shall ensure that the evaluation and treatment of their c9 employees and applicants for employment are free of such discrimination. v O a 16 . Audits and Accounting Records . Grantee shall maintain standard financial accounts, documents, and records relating to the Project. Grantee shall retain the accounts, documents, and records related to the Project for five years following the date of disbursement by GOCO of the co Grant funds, and they shall be subject to examination and audit by GOCO or its designated agent during this period. While Grantee is not required to use GAAP (Generally Accepted Accounting 00 Principles), Grantee shall use reasonable and appropriate accounting systems in maintaining the Q required records under this Agreement. 17 , Breach. In addition to other remedies available at law or in equity, in the event that w Grantee breaches any of the terms or conditions of this Agreement, GOCO shall have the following non-exclusive remedies : E A. Prior to Payment of Grant. GOCO reserves the right to withdraw funding, a terminate this Agreement, and/or deny Grantee eligibility for participation in future GOCO grants, loans, or projects. B . After Any Payment of Grant. GOCO reserves the right to seek specific performance of Grantee ' s obligations under this Agreement, receive reimbursement in full of any disbursements made under the Grant, and/or deny Grantee eligibility for participation in future GOCO grants, loans, or projects. Page 7 of 13 Updated 1 /2019 Packet Pg . 54 In the event GOCO must pursue any remedy under this Agreement and is the substantially prevailing party, GOCO shall be awarded its costs and reasonable legal fees, including costs of collection. 18 . GOCO Policies and Procedures . With regard to all named GOCO policies and procedures referenced in this Agreement, Grantee acknowledges it has received a copy of the policies and procedures or otherwise has access to the documents in connection with this Agreement and is familiar with their requirements . 19 . Miscellaneous Provisions . O A. Good Faith. Both parties have an obligation of good faith, including the w obligation to make timely communication of information that may reasonably be believed to be W of interest to the other party. FL B . Assignment. Grantee may not assign its rights or delegate its obligations under this Agreement without the express written consent of the Executive Director, who has the sole = discretion to withhold consent to assign. Any assignment shall require that, at a minimum, the N assignee is eligible to receive grants from the Board and assumes Grantee ' s ongoing obligations under this Agreement. a L C . Applicable Law. Colorado law applies to the interpretation and enforcement of c9 this Agreement. Venue for any dispute under this Agreement shall lie exclusively in the state v courts of the City and County of Denver. O O ti co D . No Joint Venture. Nothing in this Agreement shall be construed to create a joint venture, partnership, employer/employee, or other relationship between the parties other than co independent contracting parties . Except as permitted under the remedies provisions of this Agreement, neither party shall have the express or implied right to act for, on behalf of, or in the 00 name of the other party. Q E. Status of Grantee. The parties acknowledge that GOCO lacks the power and right to direct the actions of Grantee. Grantee acts in its separate capacity and not as an officer, w employee, or agent of GOCO or the State of Colorado . rM d E F . Time is of the Essence. Time is of the essence in this Agreement. G. Survival. The terms and conditions of this Agreement, including but not limited to a Grantee ' s obligations, shall survive the funding of the Grant and the completion of the Project. H. Fax and Counterparts . This Agreement may be executed in one or more counterparts, each of which shall be an original, but all of which when taken together shall constitute one agreement. In addition, the parties agree to recognize signatures to this Agreement made electronically and transmitted electronically or by facsimile as if they were original signatures. Page 8 of 13 Updated 1 /2019 Packet Pg . 55 I. Third-Party Beneficiary. GOCO and Grantee acknowledge and agree that this Agreement is intended only to cover the relative rights and obligations between GOCO and Grantee and that no third-party beneficiaries are intended. J. Notice. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give the other shall be in writing and either served personally or sent by first class mail, postage prepaid, to the addresses shown on Page 1 of this Agreement. K. Construction; Severability. Each party has reviewed this Agreement, and therefore any rules of construction requiring that ambiguities be resolved against a particular party shall not be applicable in the construction and interpretation of this Agreement. If any provision in this Agreement is found to be ambiguous, an interpretation consistent with the N w purpose of this Agreement that would render the provision valid shall be favored over any W interpretation that would render it invalid. If any provision of this Agreement is declared void or M unenforceable, it shall be deemed severed from this Agreement, and the balance of this a Agreement shall otherwise remain in full force and effect. L. Entire Agreement. Except as expressly provided, this Agreement constitutes the N entire agreement of the parties. No oral understanding or agreement not incorporated in this Agreement shall be binding upon the parties. No changes in this Agreement shall be valid unless a made in writing and signed by the parties to this Agreement. L M. Termination of the Board. If Article XXVII of the Colorado Constitution, which v established GOCO, is amended or repealed to terminate GOCO or merge GOCO into another 0 entity, the rights and obligations of GOCO under this Agreement shall be assigned to and assumed by such other entity as provided by law, but, in the absence of such direction, by the Colorado Department of Natural Resources or its successor. co 0 IN WITNESS WHEREOF , the parties by signature below of their authorized representatives 0 execute this Agreement effective as of Q STATE BOARD OF THE GREAT GRANTEE : OUTDOORS COLORADO TRUST FUND City of Fort Collins w rM a) By: By: E ns a Chris Castilian Title : Executive Director GOCO Program Staff: *NOTE* Signee should be the same Route Grant Agreement to individual authorized to sign the grant Executive Director for signature : agreement per Grantee ' s resolution Page 9 of 13 Updated 1 /2019 Packet Pg . 56 O w w �a FL m �a Y L a C9 O U O C9 ti co 0 0 co 0 0 Q t x w _ m E u Q Page 10 of 13 Updated 1 /2019 Packet Pg . 57 EXHIBIT A Project Summary Rank: 4 Overall Score : 88 . 5 GOCO Staff Score : 87 Reviewer Average : 90 Applicant : City of Fort Collins Project Title : Park and Recreation Master Plan Update County : Larimer w Log #: 19363 W a Funding Summary : Applicant Funding $ 1251000 Partner(s) Funding $0 = GOCO Grant Amount $751000 Total Project Cost $2001000 a 'L^ V Project Description : O U O This project will produce an updated, comprehensive Parks and Recreation Master Plan for the City of O Fort Collins . The plan will be written as a guiding document for the development of an exemplary parks o and recreation system. This plan will provide vision, goals, and clear objectives directed towards this CO desired outcome . c co 0 0 Staff and Peer Reviewer Comments : Q The need to update the city ' s park and recreation master plan is clear. The current plan is over 11 years w old and does not adequately represent the city ' s changing demographics or priorities . a� E Challenges presented by the applicant were compelling and include the identification and engagement of underserved community members, identifying future recreational trends, determining how to support and enhance public health, identifying evaluation tools for success and funding new facilities and a programs . The applicant presented an excellent list of stakeholders and partners that will be engaged in the planning process and leveraged during implementation. This includes, community members, city council, City of Fort Collins Natural Areas, finance, and real estate departments, Downtown Development Authority, Larimer County Natural Resources, and health and environment departments, and Poudre School District. Page 11 of 13 Updated 1 /2019 Packet Pg . 58 EXHIBIT B Resolution O CO w w �a FL U m �a Y L a C9 O U O 0 ti co 0 w CO 0 co 0 CO Q t x w _ m E U Q Page 12 of 13 Updated 1 /2019 Packet Pg . 59 EXHIBIT C Approved Budget O CO w w �a FL U m �a Y L a C9 O U O 0 ti co 0 w CO 0 co 0 CO Q t x w _ m E U Q Page 13 of 13 Updated 1 /2019 Packet Pg . 60 Fort Collins Parks & Recreation Master Plan Budget Date GOCO Grant Applicant Total Funding Source of Funds Secured Request Match ($) ($) CASH GOCO Grant Request Mar- 19 75 ,000 . 00 $759000.00 City of Fort Collins Jan- 17 125 ,000 . 00 $ 12500.00 O w IN-KIND c TOTAL SOURCE OF FUNDS 759000.00 $125,000.00 $200,000.00 FL U Number of Cost Per Total Funding d' CASH Use of Funds Hours Unit (S) c Draft Plan u� Consultant Project Initiation 80.00 125.00 $ 10,000.00 Inventory & Analysis 200.00 125.00 $259000.00 d Public Participation 160.00 125.00 $20,000.00 Stakeholder Input 100.00 125.00 $ 129500.00 Draft Plan 300.00 125.00 $37,500.00 (� Presentations: Council, Stakeholders & Public 100.00 125.00 $ 129500.00 O Final Plan V Consultant Plan Revisions 200.00 125.00 $259000.00 0 Presentations: Council, Stakeholders & Public 100.00 125.00 $ 129500.00 r Final Document for Adoption 300.00 125 .00 $37,500.00 p Reimbursables $7,500.00 lY USE OF FUNDS - CASH & UNIT SUBTOTALS 1,540.00 $200,000.00 N 0 00 co 0 No. of Units Applicant Total Funding Use of Funds / Hours GOCO Funds Funds ($) Q IN-KIND : NA $0 .00 SUBTOT 1540.00 $759000.00 $125,000.00 $2005000.00 Contingency 10% (not required, cannot w be GOCO funds) SO SO d TOTAL PROJECT COST1 $759000.00 $125,000.00 $20000.00 E U MEEMALCULATION OF MATCH REQUIREMENTS Q Item Explanation Requirement Actual Meets GOCO % of TC Requirement? Minimum Match 25%/Total Costs $50,000 $ 125,000 Yes Minimum Cash Match 10%/Total Costs $2000 $ 125,000 Yes 37.50% Packet Pg . 61 Agenda Item 4 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Rick Bachand , Environmental Program Manager Jody Hurst, Legal SUBJECT Second Reading of Ordinance No . 068 , 2019 , Amending Section 23- 194 of the Code of the City of Fort Collins Regarding Natural Areas Permits . EXECUTIVE SUMMARY This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , modifies Chapter 23 , Section 194( b ) of the City Code to increase the time for the Natural Areas Director to review Special Use and Commercial Use permit requests from five business days to fifteen business days . STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading . ATTACHMENTS 1 . First Reading Agenda Item Summary, May 21 , 2019 (w/o attachments) (PDF ) 2 . Ordinance No. 068 , 2019 ( PDF ) Item # 4 Page 1 Packet Pg . 62 ATTACHMENT 1 4' 1 Agenda Item 5 AGENDA ITEM SUMMARY May 21 , 2019 o City .N Council m x w 3 m STAFF Rick Bachand , Environmental Program Manager Jody Hurst, Legal a �a m SUBJECT Q 7i First Reading of Ordinance No . 068 , 2019 , Amending Section 23- 194 of the Code of the City of Fort Collins Regarding Natural Areas Permits . z 00 EXECUTIVE SUMMARY c The purpose of this item is to modify Chapter 23 , Section 194 ( b) of the City Code increasing the time for the N Natural Areas Director to review Special Use and Commercial Use permit requests from five business days to fifteen business days . 00 v STAFF RECOMMENDATION m Staff recommends adoption of the Ordinance on First Reading . BACKGROUND / DISCUSSION a 0 Chapter 23 ( Public Property) , Article IX ( Natural Areas ) , Section 23- 194(b ) of the City Code authorizes the 3 Natural Areas Director to administer a permit system for uses or activities that are otherwise prohibited under r' Article IX . The current Code provides further direction that: N N The Director shall approve, conditionally approve or deny an application on the grounds set forth in this >, Subsection, and the Director's action and the basis therefore shall be stated in a written notice to the applicant, no later than five (5) business days after receipt of a fully completed application" . �a Due to the increasing number and variety of special use and commercial permit requests , the Natural Areas E E Department recommends extending the application/administrative permit review period from a five business day period to a fifteen business day review period . Cn E m Staff reviews applications to ensure the safety of visitors , prevent visitor conflicts , and protect wildlife , wildlife habitat, and rare plants . In recent years the department has experienced an increasing number and variety of permit requests with a concentration of requests coming in the spring and summer months . Activities such as professional filming , drone flights , and numerous research requests characterize the range of special use permit Q applications . Research requests can be particularly complex to review and typically require input from multiple staff. To a lesser extent, processing the Department's Commercial Use Permit can require interdepartmental coordination making additional administrative time necessary . Description of Special Use Permits ;n ii Special Use Permit applications are traditionally used to permit otherwise prohibited uses , allow access to closed sections of a natural area , or to permit group activities greater than 15 individuals . The most common permits E U Q Item # 5 Page 1 Packet Pg . 63 4. 1 Agenda Item 5 are issued to conduct ecological research , educational programs , or to permit recreational or other activities that = are otherwise generally prohibited in the Code . N _ m Description of Commercial Use Permits w Requests to conduct (third party) commercial activity on a natural area is prohibited per Section 23- 193(d )( 14 ) of the City Code . Commercial use permit requests are deserving of attention as they are distinguished (from other prohibited uses ) by the exchange of funds or services . Thus , commercial use requests are by reference also subject to the Natural Area permit process outlined in section 23- 194( b) . L CITY FINANCIAL IMPACTS a �a m None . Q BOARD / COMMISSION RECOMMENDATION On April 16 , 2019 , the Land Conservation & Stewardship Board voted unanimously (9-0 ) to recommend adoption Z of the Code amendment. c PUBLIC OUTREACH N rn Public outreach was not conducted as the recommended Code change is largely administrative in nature . 00 However, staff consulted with peer open space and park agencies to gauge comparable polices and administrative review periods for special use and commercial use permits . _ m Staff found that : E 1 . City of Fort Collins Parks Department requires a 10-day review period for special use permits that include a variety of small and large events hosted within the Park ( primarily sports related ) and at Park facilities (shelters , sports fields , etc. ) . 3 2 . Larimer County Parks and Open Lands requires a 60-day review period . oD 3 . Jefferson County Parks and Open Space review permit applications once a year due to their increasing c number of requests . N 4 . City of Boulder Open Space and Mountain Parks requires a 60 to 90-day review period depending on the N specific activity requested . ATTACHMENTS is 1 . Land Conservation and Stewardship Board minutes , March 17 , 2019 ( PDF) E E m _ a� a� Q a� _ �a m L_ _ E V f+ f+ Q Item # 5 Page 2 Packet Pg . 64 4.2 ORDINANCE NO . 068 , 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 23 - 194 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING NATURAL AREAS PERMITS WHEREAS, in 1999, the City Council adopted Ordinance No . 027 , 1999, enacting certain requirements and regulations related to the use by the general public of the City' s natural areas, codified in Chapter 23 , Article IX of the City Code ; and c 0 WHEREAS, those Code provisions have subsequently been updated to address and clarify points of concern related to use by the general public of the City' s parks, trails, recreation, and x natural areas ; and W 3 as WHEREAS, the current Code requires staff to respond to a non-routine permit within five business days; and E d WHEREAS , since the Code provisions were adopted in 1999, non-routine permits have , Cn become more numerous, have increased in complexity, and have become more varied; and Q WHEREAS, the City Council has determined that changing the permit response time to fifteen days will ensure staff can appropriately respond to permit requests, for the good of all Fort Collins citizens ; and Z 00 W 0 WHEREAS , the City Council has also determined that the proposed amendments are in the best interests of the City and are necessary for the health, safety, and welfare of the City' s citizens. c ao NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT �' COLLINS as follows : N co Section 1 . That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Z d U rm Section 2 . That Section 23 - 194 of the Code of the City of Fort Collins is hereby M amended as follows : O *10 11 m Sec. 23 - 194. — Natural areas permit process. E (a) Any person or organization seeking a permit for the purposes set forth in this Article shall Q apply for a natural area permit by filing a verified application with the Service Unit on a form supplied by the Service Unit, except that permit applications for which a routine permit process has been established by the Director under § 23 - 195 below shall be governed by and processed in accordance with the routine permit process . A fully completed application must be filed with the Director not less than twenty-one (21 ) business days nor more than ninety (90) business days before the date on which a permitted - 1 - Packet Pg . 65 activity is to commence; provided, however, that the Service Unit may accept and process an application that is filed after the filing deadline if, in the judgment of the Director, there are sufficient time and sufficient resources for the Service Unit to process and investigate the application and make any preparations necessary for the activity. (b) The Director shall approve, conditionally approve or deny an application on the grounds set forth in this Subsection, and the Directors action and the basis therefor shall be stated in a written notice to the applicant, no later than fifteen ( 15 ) business days after receipt of a fully completed application. The Director may deny any application or impose any c reasonable permit conditions or requirements upon the approval of the same in order to protect the safety or well-being of persons or animals ; the natural area, related facilities or a any other City property or facility; the use and enjoyment of said areas or facilities by the w general public; the needs and objectives of the City in maintaining and operating the same; and/or the natural environment in general. E L d Introduced, considered favorably on first reading, and ordered published this 21 st day of a Cn May, A.D. 2019, and to be presented for final passage on the 4th day of June, A.D . 2019 . Q L Mayor z ATTEST : o 0 o� M 0 00 Chief Deputy City Clerk o, 0 N Passed and adopted on final reading on the 4th day of June, A. D . 2019 . o0 co 0 0 z d U Mayor Pro Tem ATTEST : O *10 as E City Clerk Q -2- Packet Pg . 66 Agenda Item 5 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF John Phelan , Energy Services Manager Eric Potyondy, Legal Cyril Vidergar, Legal SUBJECT Items Relating to Various Amendments to City Code Chapter 26 Pertaining to Utility Services . EXECUTIVE SUMMARY A. Second Reading of Ordinance No . 069 , 2019 , Amending Section 26 -491 of the Code of the City of Fort Collins to Add and Revise Definitions Related to the City's Stormwater System . B . Second Reading of Ordinance No . 070 , 2019 , Amending Section 26-391 of the Code of the City of Fort Collins to Add and Revise Definitions Related to the City's Municipal Electric Utility System . These Ordinances , unanimously adopted on First Reading on May 21 , 2019 , update definitions in City Code Chapter 26 pertaining to Stormwater and Electric Utility Services . STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading . ATTACHMENTS 1 . First Reading Agenda Item Summary, May 21 , 2019 (w/o attachments ) (PDF ) 2 . Ordinance No . 069 , 2019 ( PDF ) 3 . Ordinance No . 070 , 2019 ( PDF ) Item # 5 Page 1 Packet Pg . 67 ATTACHMENT 1 5. 1 Agenda Item 6 AGENDA ITEM SUMMARY May 21 , 2019 CouncilCity d tC t STAFF a� 0 John Phelan , Energy Services Manager v Cyril Vidergar, Legal Eric Potyondy , Legal 0 SUBJECT o rn co Items Relatingto Various Amendments to City Code Chapter 26 Pertaining to Utility Services . o Y P 9 Y W Cn EXECUTIVE SUMMARY ch 0 A. First Reading of Ordinance No . 069 , 2019 , Amending Section 26-491 of the Code of the City of Fort Collins o vi to Add and Revise Definitions Related to the City's Stormwater System . a� B . First Reading of Ordinance No . 070 , 2019 , Amending Section 26-391 of the Code of the City of Fort Collins E to Add and Revise Definitions Related to the City's Municipal Electric Utility System . U The purpose of this item is to make revisions , clarifications and additions to update definitions in City Code Chapter 26 pertaining to Stormwater and Electric Utility Services . 03 oD STAFF RECOMMENDATION c N Staff recommends adoption of the Ordinances on First Reading . N 0 BACKGROUND / DISCUSSION Item A : Ordinance No , 069, 2019 - Stormwater Utility Service Definitions E E The City operates under a Colorado Municipal Separate Storm Sewer System ( MS4) permit, which requires the implementation of programs to prevent or reduce the discharge of pollutants to waters of the state . The MS4 Cn permit is issued by the State of Colorado through the Colorado Department of Public Health and Environment m (CDPHE) . MS4 permittees must prohibit and enforce on illicit discharges to the storm sewer system . ma The MS4 permit defines illicit discharge as any discharge to an MS4 that is not composed entirely of stormwater except those specifically authorized by a Colorado Discharge Permit System (CDPS ) or National Pollutant Q Discharge Elimination System ( NPDES ) permit and those resulting from emergency firefighting activities . The MS4 permit also lists types of illicit discharges that can be excluded from the permittee5s response and enforcement program . Municipal Code Section 26-498 prohibits the discharge of pollutants and contaminated water to the City's storm ;n sewer system and local surface waters . The recommended changes to the definitions below provide consistency with the MS4 permit definition of "illicit discharge . " m E Summary of proposed changes : U 0 Proposed Change to City Code Section 26-491 Rationale Q " Pollutants" is proposed to be added to the " Pollutants" is proposed to be added to the Item # 6 Page 1 Packet Pg . 68 5. 1 Agenda Item 6 definition of "contaminated water, " as follows : definition of "contaminated water" to provide consistency between the two definitions and to " Contaminated water shall mean that water which clarify that pollutants in water contaminates it y contains pollutants or constituents at when they are at concentrations that are adverse ai concentrations which could cause , directly or to human health or the environment and are not = �a indirectly, impairment of human health or the naturally present. environment and which would not present in such a� concentrations in a natural state . " o The definition of "contaminated water" includes a " Residential " is removed from the list to clarify that N list of water sources that are excluded from being discharges resulting from residential , commercial , considered "contaminated water. " Two changes and industrial lawn watering will also not be are proposed to be made to that list, as follows : considered to be "contaminated water, " and prohibited or enforced under the City's MS4 c "This definition does not include the following permit programs . Further, discharges from lawn sources of water, unless water from such a source watering activities are already covered under City o is determined to violate other applicable water Code Section 26- 166 , which prohibits the waste of Cn quality restrictions or requirements : water. M " (2 ) landscape irrigation and residential lawn Dye testing is added to the list because it is a 00 watering ; necessary process and to be consistent with y CDPHE' s regulations . Dye testing is a process [ . . . ] used by water utilities to help detect cross- E connections between sanitary sewers and storm M " (9) dye testing in accordance with manufacturers sewers . Dye testing may result in a discharge of recommendations . " the nontoxic fluorescent dye to a local water body . CDPHE has recognized the need for dye testing ° to remove sanitary sewer cross-connections and oD has added it to the list of illicit discharges that can c be excluded from an MS4 permittee's response N and enforcement program . N The words "contaminated water" are proposed to " Contaminated water" was added to the definition be added to the definition of " pollutants , " as of " pollutant" to provide consistency between the follows : two definitions . �a E "Pollutant shall mean contaminated water, E dredged spoil , dirt, slurry, solid waste , incinerator Cn residue , sewage , sewage sludge , garbage , trash , E chemical waste , biological nutrient, biological material , disease causing agents , radioactive material , heat, wrecked or discarded equipment , _ a� rock, sand , automotive fluids , paint , cooking a' Q grease , process waste water, swimming pool discharges , discharges from cleaning of heat = transfer equipment, or any industrial , commercial , construction , household , municipal , or agricultural waste . " L _ E M V f+ Q Item # 6 Page 2 Packet Pg . 69 5. 1 Agenda Item 6 Item B : Ordinance No . 070 , 2019 - Electric Utility Service Definitions Average annual electricity consumption: Adding this definition clarifies the meaning of the phrase as it relates to calculations such as those related to the sizing of behind-the-meter solar electric systems (i .e . , "net metered " ayi systems ) . This definition is related to the size estimation of a customer's annual usage during the application = step for a net-metered solar project. The size of such customer system is affected by the 120 % rule which is found at Colorado Revised Statutes § 40-2- 124 . The principle behind the rule is to allow the customer' s financial compensation through credits for the energy generated on site to be sufficient to offset the typical annual c electricity cost for the specific customer, while limiting the amount of that energy generation so other customers c) can also self-generate , without requiring electric utility system reconfiguration . This statutory definition and standard are included in Chapter 26 of the Fort Collins Code . M As Fort Collins Utilities evaluates future rate structure changes for solar energy export, the need for the 120% o sizing rule will also be evaluated ; however, adding the "average annual electric consumption" now provides c clarity for ongoing solar program implementation in the meantime . co 0 Note also that Utilities' solar program administration has used 24 months of usage data when available . When y this amount of data is not available , alternative estimation methods can be used . 11 CO) • Definition : Average annual electricity consumption shall mean the average monthly consumption of the 00 previous 24 months of electricity use times twelve . y Qualifying renewable technology: Staff recommends revising the definition of Qualifying renewable technology to include technologies that store energy . This revision will allow other provisions of the City Code , such as net metering , to apply to storage technologies . Utilities anticipates that storage technologies will c�c become increasingly prevalent for net metered applications in the coming years . Current City Code definitions do not mention storage . Adding the following definition will provide clarity regarding the application of City c Code to storage technologies . TOM 3 o� • Definition : Qualifying renewable technology shall mean a qualifying facility that generates electricity N using renewable resources such as solar, fuel cell , wind , geothermal , combined heat and power or biomass technology , or that stores energy. (additions in italics) CITY FINANCIAL IMPACTS �a Allowing discharges from dye testing activities will eliminate the need to collect and treat the water contaminated E with dye as a waste product, saving the City money in staffing , equipment, and disposal costs . There are no E other expected financial impacts to the City as a result of the recommended code changes . Cn E The proposed electrical Code changes will have no direct financial impact to the City . ' BOARD / COMMISSION RECOMMENDATION a� Q At its April 18 , 2019 meeting , the Fort Collins Water Board voted unanimously in support of the proposed a� stormwater definition revisions . �a m At its April 11 , 2019 meeting , the Energy Board voted 9-0 on April 11 , 2019 , to recommend approval of the rr proposed Electric Service definition revisions . L ii PUBLIC OUTREACH Y m The recommended City Code changes will not affect the way the MS4 permit illicit discharge response and M enforcement activities are administered . The changes are not expected to affect the public ; therefore , no public outreach activities have been conducted . Q Item # 6 Page 3 Packet Pg . 70 5. 1 Agenda Item 6 Fort Collins Utilities has presented the Electric Service changes to the Energy Board as set forth above . Staff has not done further public outreach as it was determined that the revisions were of a technical nature and that ongoing program related outreach would be sufficient. m ATTACHMENTS = �a 1 . Water Board minutes , April 18 , 2019 (draft) ( PDF) 2 . Energy Board minutes , April 11 , 2019 ( PDF) c (U N 0 ti 0 rn co 0 Cn M 0 0 v I_ V O 3 o� 0 N N E E 7 N E d N a1 Q a1 N N L_ E V f+ Q Item # 6 Page 4 Packet Pg . 71 5.2 ORDINANCE NO . 06% 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 26-491 OF THE CODE OF THE CITY OF FORT COLLINS TO ADD AND REVISE DEFINITIONS RELATED TO THE CITY' S STORMWATER SYSTEM WHEREAS, the City owns and operates a municipal separate storm sewer system ("MS4") that is used, among other purposes, to convey stormwater to the Cache la Poudre River and its tributaries ; and N N WHEREAS, said conveyance of stormwater by the City' s MS4 may constitute a discharge c of pollutants to state waters and the waters of the United States under two statutes : the Colorado Water Quality Control Act, C .R. S . § § 25 -8- 101 et seq. and the federal Clean Water Act, 33 U. S . C . § 1251 et seq. ; and U N WHEREAS , under said statutes, the Colorado Department of Public Health and Environment has issued CDPS General Permit COR090000 Stormwater Discharges Associated with Municipal Separate Storm Sewer Systems (MS4s) Authorization to Discharge Under the ti Colorado Permit System ("MS4 Permit") ; and co 0 WHEREAS, there are certain inconsistencies between the MS4 Permit and Article VII of N Chapter 26 of the City Code, which concerns the City' s Stormwater Utility and MS4, namely with respect to certain definitions in City Code Section 26-491 ; and CD WHEREAS, while the MS4 Permit generally requires the City to effectively prohibit illicit c discharges of pollutants into the City' s MS4 (as those terms are used and defined in the MS4 N Permit) , under Part I(E)(2)(a)(v) of the MS4 Permit, the MS4 Permit does not require the City to c effectively prohibit discharges from certain activities, including: non-residential lawn watering c and dye testing in accordance with manufacturers recommendations (together, "Subject Z Activities") ; and = WHEREAS , under the current definition of "contaminated water" and "pollutant" in City Code Section 26-4919 City Code Section 26-498 prohibits discharges of water to the City' s MS4 }; from the Subject Activities; and arm WHEREAS , changing the definition of "contaminated water" and "pollutant" in City Code Section 26-491 to state that these terms do not include water generated from the Subject Activities Q will be beneficial to the City by, among other things, better aligning City Code with the MS4 Permit, providing greater clarity regarding the City' s regulation of the Subject Activities, and prioritizing MS4 and stormwater-related education and enforcement activities on more significant sources of pollutants . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : - 1 - Packet Pg . 72 5.2 Section 1 . That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2 . That Section 26-491 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 26491 . - Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: N N a1 t C� Contaminated water shall mean that water which contains pollutants or constituents at concentrations which could cause, directly or indirectly, impairment of human health or the C U environment and which would not present in such concentrations in a natural state . This includes any water contaminated from industrial processes, land use activities, development or other man. induced practices . These constituents include, but are not limited to, toxic pollutants as defined in § 26-206 of this Code, nutrients such as nitrogen and phosphorous, substances which promote an ti excessive biochemical oxygen demand (BOD) or chemical oxygen demand (COD) as those terms are defined in § 26-206, substances which cause the pH of such water to deviate from acceptable o standards, biological agents which may be the cause of disease in either humans or other desirable N organisms, and physical contaminants such as excess sediments and/or temperature. U. S . Environmental Protection Agency' s current publication of "Quality Criteria for Water," and/or the 00 State of Colorado ' s "Basic Standards and Methodologies for Surface Water" and/or any other federal or state regulation or guideline may be used to interpret the impact of a particular c constituent upon a water body. This definition does not include the following sources of water, `" unless water from such a source is determined to violate other applicable water quality restrictions c or requirements : 6 z a� ( 1 ) Flows incidental to emergency fire fighting activities ; (2) Landscape irrigation and lawn watering; O (3 ) Irrigation return flows ; (4) Springs, diverted stream flows and flows from riparian habitats and wetlands ; Q (5 ) Flows incidental to street, sidewalk or median sweeping and not associated with construction; (6) Flows from condensation formed from the operation of air conditioning equipment installed and maintained in accordance with manufacturer's specifications ; (7) Uncontaminated pumped, infiltrated or rising ground water; -2- Packet Pg . 73 5 . 2 (8) Flows from properly installed, operated and maintained and City-approved footing, foundation or crawl space drain or pump ..-; and (9) Dye testing in accordance with manufacturers recommendations . Pollutant shall mean contaminated water, dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, disease causing agents, radioactive material, heat, wrecked or discarded equipment, rock, sand, automotive fluids, paint, cooking grease, process waste water, swimming pool discharges, discharges from cleaning of heat transfer equipment, or any industrial, commercial, construction, c household, municipal, or agricultural waste. a� 0 N Introduced, considered favorably on first reading, and ordered published this 21 st day of May, A.D. 2019 , and to be presented for final passage on the 4th day of June, A.D . 2019 . 0 ti 0 co 0 Mayor N ATTEST : M O O 01 O N Chief Deputy City Clerk c 0 Passed and adopted on final reading on the 4th day of June, A.D . 2019 . z L 0 Mayor Pro Tem ATTEST : Q City Clerk -3 - Packet Pg . 74 5.3 ORDINANCE NO . 070, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 26-391 OF THE CODE OF THE CITY OF FORT COLLINS TO ADD AND REVISE DEFINITIONS RELATED TO THE CITY ' S MUNICIPAL ELECTRIC UTILITY SYSTEM WHEREAS, the City owns and operates a municipal electric distribution system to deliver electric power purchased by the City to retail customers and to accommodate interconnection of customer-owned renewable power generation devices; and N N WHEREAS , Chapter 26 of the City Code regulates and governs the provision of utility = services and sets forth definitions of terms used to describe and applicable to conditions for receipt of utility services ; and 0 WHEREAS, such provisions require updating and modification from time to time, for N purposes of clarification and to ensure the Code remains a dynamic document capable of responding to issues identified by staff, customers, and citizens and changes in the law regarding the delivery of public utility services ; and 0 WHEREAS , staff has proposed that identified definitions be added and amended in c Chapter 26 of the City Code to clarify how net-metered customer generation technologies are managed, and to better inform customers and align with current utility practices ; and N M 0 WHEREAS, in light of the foregoing, the City Council has determined the amendment and 00 supplementation of definitions in Chapter 26 of the City Code is necessary and will be beneficial TOM for the ratepayers of the City's Electric Utility and for the efficient administration of Utility N functions . c ti 0 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT z0 COLLINS as follows : Section 1 . That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. 0 a� Section 2 . That Section 26-391 of the Code of the City of Fort Collins is hereby s amended to read as follows : U Q Sec. 26-391 . - Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: Average annual electricity consumption shall mean the average monthly consumption of the previous twenty-four (24) months of electricity use times twelve ( 12x) . - 1 - Packet Pg . 75 5.3 Qualifying renewable technology shall mean a qualifying facility that generates electricity using renewable resources such as solar, fuel cell, wind, geothermal, combined heat and power or biomass technology, or that stores energy. Introduced, considered favorably on first reading, and ordered published this 21 st day of May, A.D. 2019 , and to be presented for final passage on the 4th day of June, A.D. 2019 . N N a1 _ Mayor ATTEST : as 0 U N Chief Deputy City Clerk c ti 0 Passed and adopted on final reading on the 4th day of June, A.D . 2019 . c M 0 0 Mayor Pro Tem ATTEST : N 0 ti 0 0 z City Clerk L _ E V Q Packet Pg . 76 Agenda Item 6 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Jason Licon , Airport Director Judy Schmidt, Legal SUBJECT Second Reading of Ordinance No . 071 , 2019 , Approving the Second Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport, Now Known as the Northern Colorado Regional Airport. EXECUTIVE SUMMARY This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , staggers the terms of the citizen members appointed to the Northern Colorado Regional Airport Commission . The current adopted Amended and Restated Intergovernmental Agreement states that appointed citizen members' terms expire at the same time for all three of the appointed citizen members . The proposed Amendment to the IGA provides for initial terms beginning July 1 , 2019 for the three citizen members will be 2 years -Loveland appointed Citizen Member; 3 years- Fort Collins appointed Citizen Member; and 4 years-Joint Citizen Member. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading . ATTACHMENTS 1 . First Reading Agenda Item Summary, May 21 , 2019 ( PDF ) 2 . Ordinance No . 071 , 2019 ( PDF ) Item # 6 Page 1 Packet Pg , 77 ATTACHMENT 1 Agenda Item 7 AGENDA ITEM SUMMARY May 21 2019 City Council STAFF Jason Licon , Airport Director E Judy Schmidt, Legal 0 a� E a SUBJECT Q O First Reading of Ordinance No . 071 , 2019 , Approving the Second Amendment to the Amended and Restated 0 Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport, Now a i Known as the Northern Colorado Regional Airport. Q ti EXECUTIVE SUMMARY o co The purpose of this item is to stagger the terms of the citizen members appointed to the Northern Colorado co Regional Airport Commission . The current adopted Amended and Restated Intergovernmental Agreement c states that appointed citizen members' terms expire at the same time for all three of the appointed citizen 000 members . as 0 STAFF RECOMMENDATION N N Staff recommends adoption of the Ordinance on First Reading . BACKGROUND / DISCUSSION L' E The primary strategic objective of this IGA amendment would be to create a consistent and regularly scheduled E process to apply for and request action from the respective City Councils to appoint Airport Commission citizen cn members serving on the Northern Colorado Regional Airport Commission . The current adopted Amended and E Restated Intergovernmental Agreement states that appointed citizen members' terms expire at the same time for all three of the appointed citizen members . Staggered terms will help to maintain consistency and continuity of leadership necessary for stable Airport policymaking and oversight. To accomplish this , the proposed Amendment to the IGA provides for initial terms beginning July 1 , 2019 for the three citizen members will be 2 Q years-Loveland appointed Citizen Member; 3 years- Fort Collins appointed Citizen Member; and 4 years-Joint Citizen Member. PUBLIC OUTREACH N At its May 16 , 2019 , meeting , the Airport Commission adopted a resolution recommending adoption by the Cities LL of the proposed amendment to the IGA staggering the terms of the "Citizen Members" and the "Joint Citizen } Member" such that only one appointment expires each year (with one year in which there is no expiring W appointment in light of the four year terms) . E Q Item # 7 Page 1 Packet Pg . 78 s.2 ORDINANCE NO, 071 , 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE SECOND AMENDMENT TO THE AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE JOINT OPERATION OF THE FORT COLLINS -LOVELAND MUNICIPAL AIRPORT, NOW KNOWN AS THE NORTHERN COLORADO REGIONAL AIRPORT WHEREAS , in 1963 , the cities of Fort Collins and Loveland (the "Cities") established a regional general aviation facility and became the joint owners and operators of the Fort Collins- Loveland Municipal Airport (the "Airport") ; and WHEREAS , pursuant to Section 29- 1 -203 of the Colorado Revised Statutes (and Article 0 II, Section 16, of the Fort Collins City Charter), the Cities are authorized by law to contract with E one another to provide for the joint exercise of any function, service or facility lawfully authorized Q to each of them if such contracts are approved by the Councils of the Cities; and WHEREAS , the Cities currently operate and maintain the Airport pursuant to that certain a Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins- Q Loveland Airport dated January 22, 2015 (the "IGA"), which established the Northern Colorado c Regional Airport Commission (the "Commission") as the Airport governance structure; and Cn WHEREAS , by adoption of Resolution 2015 -003 on January 6, 2015 , the City Council00 approved the IGA; and 00 WHEREAS , by adoption of Ordinance 067 , 2017 on June 7, 2016 , the City Council CD N approved the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport (the "First Amendment"), o which expanded the powers delegated to the Commission, ratified and reaffirmed the approval of Z the IGA and creation of the Commission as set forth therein in accordance with Article IV, Section 1 of the City Charter regarding the establishment of appointive boards and commissions by rm ordinance, and recognized the name change of the Airport to the Northern Colorado Regional 15 Airport; o _ WHEREAS , the Commission, at its May 16, 2019 , meeting, approved and recommended E adoption by the Cities of a further proposed amendment to the IGA staggering the terms of the U "Citizen Members" and the "Joint Citizen Member" such that only one appointment expires each Q year (with one year in which there is no expiring appointment) ; and WHEREAS , the City Council has determined the further amendment of the IGA as recommended by the Commission is necessary and appropriate to maintain consistency and continuity of leadership and to provide more effective and efficient policymaking and oversight for the Airport. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : - 1 - Packet Pg . 79 s.2 Section 1 . That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2 . That the Second Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport, Now Known as the Northern Colorado Regional Airport (the "Second Amendment") attached hereto as Exhibit "A" and incorporated herein by reference is hereby approved. Section 3 . That the Mayor is authorized to execute the Second Amendment together with such changes as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City provided such changes are materially consistent with the terms of this Ordinance and the intended purpose of the Second Amendment. Introduced, considered favorably on first reading, and ordered published this 21 st day of E May, A.D . 2019 , and to be presented for final passage on the 4th day of June, A.D . 2019 . Q Q 0 a Mayor Q ATTEST : r ti 0 Cn 0 0 0 Chief Deputy City Clerk a, 0 Passed and adopted on final reading on the 4th day of June, A.D . 2019 . cm ti 0 0 z a� c �a Mayor Pro Tem ATTEST : p c W E U City Clerk Q -2- Packet Pg . 80 EXHIBIT A 6 . 2 SECOND AMENDMENT TO THE AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE JOINT OPERATION OF THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT, NOW KNOWN AS THE NORTHERN COLORADO REGIONAL AIRPORT THIS Second Amendment ("Second Amendment") is made and entered into this day of , 2019, between THE CITY OF LOVELAND, COLORADO, a municipal corporation, and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to individually as a "City" and collectively as the "Cities . " WITNESSETH : a� WHEREAS , in 1963 , the Cities established a regional general aviation facility and became a rm the joint owners and operators of the Fort Collins-Loveland Municipal Airport, now known as the E Northern Colorado Regional Airport (the "Airport"); and Q Q WHEREAS, pursuant to Section 29 - 1 -203 of the Colorado Revised Statutes (and Article II, Section 16, of the Fort Collins City Charter), the Cities are authorized by law to contract with a one another to provide for the joint exercise of any function, service or facility lawfully authorized Q to each of them if such contracts are approved by the Councils of the Cities; andCn c WHEREAS , the Cities currently operate and maintain the Airport pursuant to that certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins00 - Loveland Airport dated January 22 , 2015 (the "IGA"), which established the Northern Colorado 00 Regional Airport Commission (the "Commission") as the Airport governance structure ; and o, 0 N WHEREAS , in the IGA, the Cities set forth the terms and conditions pursuant to which the Airport will be operated and maintained as the Cities ' joint venture; and o 6 z WHEREAS , the IGA was amended in 2016 to clarify the authorized powers of the Commission and delegate additional Airport duties and responsibilities to the Commission in order rm to provide more effective and efficient Airport management and operation, as well as to update the 15 name of the Airport throughout the Agreement (the "First Amendment") ; and O _ WHEREAS, Section 2 of the IGA addresses Commission appointments and specifies that E the three citizen members of the Commission shall serve four year terms . All three citizen U members ' appointments will expire on June 30, 2019 ; and Q WHEREAS , the Cities have further determined that a second amendment of the IGA is necessary to revise the terms of the citizen members to stagger the terms such that no more than one appointment expires each year. Packet Pg . 81 s.2 NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows : 1 . That Section 2 .B . of the IGA is hereby amended to read in full as follows : B . The Commission shall be comprised of seven members as follows : (a) two members shall be appointed by the Loveland City Council which members shall be City of Loveland council members or employees; (b) two members shall be appointed by the Fort Collins City Council which members shall be City of Fort Collins council members or employees; (c) one Citizen Member (defined below) shall be appointed by the Loveland City Council ; (d) one Citizen Member (defined below) shall be appointed by the Fort Collins City Council; and (e) one Joint Citizen Member (defined below) shall be appointed by the City Councils upon mutual agreement. A "Citizen Member" is defined as an individual residing within the Growth Management Area ("GMA") of 0 the City of the appointing City Council, or owning or leasing real property or operating E a business within the Airport area of influence as defined in the Airport Master Plan; Q provided that such member shall not be an employee or city council member of the Cities . The "Joint Citizen Member" is defined as an individual residing within the GMA of either of the Cities, or owning or leasing real property or operating a business a within the Airport area of influence as defined in the Airport Master Plan; provided that Q such member shall not be an employee or city council member of the Cities . Citizen Members shall serve a term of four years at the pleasure of the appointing City Council, subject to removal at any time without cause. The Joint Citizen Member shall serve a Cn term of four years, subject to removal at any time without cause upon the mutual 00 agreement of the City Councils . Effective upon appointment of the Citizen Members 00 and the Joint Citizen Member for the term beginning on or about July 1 , 2019 : o, • the Loveland appointed Citizen Member shall serve an initial term of two years N with each following term to be four years ; • the Fort Collins appointed Citizen Member shall serve an initial term of three o years with each of the following terms to be four years ; and Z • the Joint Citizen Member shall serve an initial term of four years with each c°', following term to be four years as set forth above . L The purpose of such initial appointments is to create staggered terms for the citizen 0 members such that only one appointment expires each year with one year with no appointments expiring. City Council members and employees of the Cities appointed E as members of the Commission shall have no fixed term, but shall be subject to U reappointment or removal at the pleasure of the appointing City Council. Appointments Q to fill vacancies by Citizen Members or the Joint Citizen Member shall be made for the remainder of the term and shall be filled by the appointing City Council, or, in the case of the Joint Citizen Member, by the mutual agreement of the City Councils . 2 . That except as amended by this Second Amendment, all other provisions of the IGA shall remain in full force and effect. IN WITNESS HEREOF, this Second Amendment has been executed the day and year first above written. 2 Packet Pg . 82 6 . 2 THE CITY OF LOVELAND, COLORADO A Municipal Corporation By: City Manager ATTEST : _ a� City Clerk Q Q APPROVED AS TO FORM : °a i Q T Assistant City Attorney Cn co THE CITY OF FORT COLLINS , COLORADO 00 A Municipal Corporation o, 0 N ti 0 By z Darin A. Atteberry, City Manager ATTEST : 15 L O City Clerk a� E U �a APPROVED AS TO FORM : Q City Attorney 3 Packet Pg . 83 Agenda Item 7 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Cassandra Bumgarner, Historic Preservation Planner Brad Yatabe , Legal SUBJECT Second Reading of Ordinance No . 072 , 2019 , Designating the Kamal/Livingston Property, 608 West Laurel Street , Fort Collins , Colorado , as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins . EXECUTIVE SUMMARY This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1 (f) of the Council's Rules of Meeting Procedures adopted in Resolution 2019-064. This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , designates the Kama l/Livingston Property, 608 West Laurel Street , as a Fort Collins Landmark, for its early mid -century vernacular architecture with Colonial Revival details . This is a voluntary designation at the property owner' s request. The Landmark Preservation Commission unanimously recommends approving this landmark designation . STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading . ATTACHMENTS 1 . First Reading Agenda Item Summary, May 21 , 2019 (w/o attachments ) (PDF ) 2 . Ordinance No . 072 , 2019 ( PDF ) Item # 7 Page 1 Packet Pg . 84 ATTACHMENT 1 7' 7 Agenda Item 8 AGENDA ITEM SUMMARY May 21 2019 City CouncilY L E STAFF 0 Cassandra Bumgarner, Historic Preservation Planner N Brad Yatabe , Legal = J SUBJECT E Y First Reading of Ordinance No . 072 , 2019 , Designating the Kamal/Livingston Property, 608 West Laurel Street, N ti Fort Collins , Colorado , as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort o Collins . qe Cn 11 EXECUTIVE SUMMARY 0 0 This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in y accordance with the procedures described in Section 1 (e) of the Council's Rules of Meeting Procedures adopted in Resolution 2018-034. E The purpose of this item is to consider the request for landmark designation of the Kamal/Livingston Property , 608 West Laurel Street, for its early mid-century vernacular architecture with Colonial Revival details . This is a a voluntary designation at the property owner' s request . The Landmark Preservation Commission unanimously 0 recommends approving this landmark designation . 3 o� STAFF RECOMMENDATION N Staff recommends adoption of the Ordinance on First Reading . 04, 0 BACKGROUND / DISCUSSION �a The Kamal/Livingston Property is eligible for Fort Collins Landmark Designation under City Code Section 14- E 22 (a)(3) , Design/Construction , as an excellent example of a vernacular, mid-century residence and garage with Colonial Revival details with a preponderance of all seven aspects of integrity. The workmanship of the Colonial Cn Revival details sets the property apart from other vernacular buildings constructed during this period and add to the E architectural significance of the property. Beautiful Colonial details on the property include the symmetrical fagade = with a highly accentuated front door, flanked by two full size windows that mimic the look of sidelights ; multi-pane ma glazing of the windows ; and , historic porch railing , visible as far back as the 1950 Larimer County Tax Assessor photo , in the Chinese Chippendale pattern . The Kamal/Livingston Property is a great example of a residence and Q garage that have beautiful Colonial details while retaining the simple vernacular form . CITY FINANCIAL IMPACTS Recognition of this property as a Fort Collins Landmark enables its owners to qualify for local financial incentive ;n programs available only to Landmark designated properties . BOARD / COMMISSION RECOMMENDATION At its April 17 , 2019 , regular hearing , the Landmark Preservation Commission unanimously (8-0) adopted a resolution recommending adoption of an ordinance by Council for landmark designation . Q Item # 8 Page 1 Packet Pg . 85 7. 1 Agenda Item 8 PUBLIC OUTREACH The Landmark Preservation Commission held a public hearing on this item at its April 17 , 2019 , meeting . Y L ATTACHMENTS E 00 1 . Location Map ( PDF ) J _ 2 . Landmark Preservation Commission Resolution No . 2 , 2019 ( PDF) O 3 . Landmark Designation Application ( PDF ) J_ E Y N ti O N 11 qe O O N _ N E t V O 3 o� 0 N N O E E 7 N E d _ N a1 Q a1 _ N N L_ _ E V f+ Q Item # 8 Page 2 Packet Pg . 86 7.2 ORDINANCE NO. 0729 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE KAMAL/LIVINGSTON PROPERTY, 608 WEST LAUREL STREET, FORT COLLINS , COLORADO, AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS , pursuant to City Code Section 14- 1 , the City Council has established a public policy encouraging the protection, enhancement and perpetuation of historic landmarks within the City; and WHEREAS, by resolution adopted on April 17, 2019, the Landmark Preservation o Commission (the "Commission") determined that the Kamal/Livingston Property at 608 West a Laurel Street in Fort Collins, as more specifically described in the legal description below (the J "Property"), is eligible for landmark designation pursuant to City Code Chapter 14, Article II, c for the buildings ' high degree of integrity, and for its significance to Fort Collins under City *a, Code Section 14-22(a)(3 ), Design/Construction, for the Property' s representation as a great c example of a mid-century vernacular property with Colonial Revival details ; and WHEREAS, the Commission further determined that designation of the Property will Y advance the policies and purposes set forth in City Code Sections 14- 1 and 14-2 in a manner N and extent sufficient to justify designation; and o WHEREAS , the Commission recommends that the City Council designate the Property as a Fort Collins landmark; and o 00 WHEREAS , the owners of the Property have consented to such landmark designation and c desire to protect the Property ; and N N ti O WHEREAS , such landmark designation will preserve the Property ' s significance to the c community; and WHEREAS , the City Council has reviewed the recommendation of the Commission and = desires to follow such recommendation and designate the Property as a landmark; and O WHEREAS , designation of the Property as a landmark is necessary for the prosperity, civic pride, and welfare of the public. rm NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT a COLLINS as follows : Section 1 . That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2 . That the Property located in the City of Fort Collins, Larimer County, Colorado, described as follows, to wit: - 1 - Packet Pg . 87 7.2 LOT 18, BLOCK 4, WEST LAWN, CITY OF FORT COLLINS , COUNTY OF LARIMER, STATE OF COLORADO be designated as a Fort Collins Landmark in accordance with City Code Chapter 14. Section 3 . That alterations, additions and other changes to the buildings and structures located upon the Property will be reviewed for compliance with City Code Chapter 14, Article IV, as currently enacted or hereafter amended. Introduced, considered favorably on first reading, and ordered published this 21 st day of ^, May, A.D . 2019 , and to be presented for final passage on the 4th day of June, A.D . 2019 . E a _ J _ Mayor o ATTEST : J E Y Chief Deputy City Clerk c Passed and adopted on final reading on the 4th day of June , A.D . 2019 . N 0 0 TOM oM 0 N Mayor Pro Tern N ATTEST : o 0 z a� City Clerk O _ m E Q -2 - Packet Pg . 88 Agenda Item 8 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Karen McWilliams , Historic Preservation Planner Brad Yatabe , Legal SUBJECT Second Reading of Ordinance No . 073 , 2019 , Designating the Alfred Parker Duplexes I and ll , 221 -229 West Mulberry Street, Fort Collins , Colorado , as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins . EXECUTIVE SUMMARY This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1 (f) of the Council's Rules of Meeting Procedures adopted in Resolution 2019-064. This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , designates the Alfred Parker Duplexes I and 11 , 221 -229 West Mulberry Street , as a Fort Collins Landmark , for being rare examples of twin American Foursquare duplex architecture . This is a voluntary designation at the property owner' s request. The Landmark Preservation Commission unanimously recommends approving this landmark designation . STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading . ATTACHMENTS 1 . First Reading Agenda Item Summary, May 21 , 2019 (w/o attachments ) (PDF ) 2 . Ordinance No . 073 , 2019 ( PDF ) Item # 8 Page 1 Packet Pg , 89 ATTACHMENT 1 Agenda Item 9 AGENDA ITEM SUMMARY May 21 2019 City Council L E J STAFF aNi x W Karen McWilliams , Historic Preservation Planner Brad Yatabe , Legal L m L SUBJECT a a� L First Reading of Ordinance No . 073 , 2019 , Designating the Alfred Parker Duplexes I and 11 , 221 -229 West Q Mulberry Street, Fort Collins , Colorado , as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins . c W EXECUTIVE SUMMARY 11 Lo qT This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in 00 accordance with the procedures described in Section 1 (e) of the Council's Rules of Meeting Procedures adopted in Resolution 2018-034. c m The purpose of this item is to consider the request for landmark designation of the Alfred Parker Duplexes I and II , 221 -229 West Mulberry Street, as rare examples of twin American Foursquare duplex architecture . This is a voluntary designation at the property owner' s request . The Landmark Preservation Commission unanimously recommends approving this landmark designation . o 3 STAFF RECOMMENDATION T N Staff recommends adoption of the Ordinance on First Reading . N BACKGROUND / DISCUSSION M The Alfred Parker Duplexes I and II are significant to Fort Collins for their architecture and demonstrate a high level of all seven aspects of integrity. The two buildings are rare examples of twin duplexes , each having been E constructed as a two-story side-by-side duplex with a mirrored design to accommodate the duplex form . The E Alfred Parker Duplexes are also notable for their excellent representation of the American Foursquare co architectural style , as well as their outstanding workmanship , strength of design , and clear association with each E other. +' Ca ma CITY FINANCIAL IMPACTS a� Q Recognition of these properties as a Fort Collins Landmark enables its owners to qualify for financial incentive programs available only for designated properties . �a a� BOARD / COMMISSION RECOMMENDATION L At its April 17 , 2019 , regular hearing , the Landmark Preservation Commission unanimously (8-0 , Murray absent) adopted a resolution recommending adoption of an ordinance by Council for landmark designation . a� E U ca Q Item # 9 Page 1 Packet Pg . 90 8. 1 Agenda Item 9 PUBLIC OUTREACH L The Landmark Preservation Commission held a public hearing on this item at its April 17 , 2019 , meeting . E 00 ATTACHMENTS J N 1 . Location Map ( PDF ) x 2 . Landmark Preservation Commission Resolution No . 3 , 2019 ( PDF) w 3 . Staff Report to Landmark Preservation Commission , April 17 , 2019 ( PDF ) 4 . Photos ( PDF) L m L a a� L w Q M ti O LO qe O O N C N E L C� O 3 v r O N N L M E E 7 N E d C d 01 a N L M E U Q Item # 9 Page 2 Packet Pg . 91 8.2 ORDINANCE NO. 073 , 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE ALFRED PARKER DUPLEXES I AND II, 221 -229 WEST MULBERRY STREET, FORT COLLINS , COLORADO, AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS , pursuant to City Code Section 14- 1 , the City Council has established a public policy encouraging the protection, enhancement and perpetuation of historic landmarks Y within the City; and ma WHEREAS , by resolution adopted on April 17, 2019 , the Landmark Preservation J Commission (the "Commission") determined that the Alfred Parker Duplexes I and II at 221 - 229 West Mulberry Street in Fort Collins, as more specifically described in the legal description X below (the "Property"), are eligible for landmark designation pursuant to City Code Chapter 14, C Article II, for the buildings ' high degree of integrity, and for their significance to Fort Collins under City Code Section 14-22(a)(3), Design/Construction, for the Property ' s representation as Y a rare example of twin American Foursquare style duplexes ; and a as WHEREAS , the Commission further determined that designation of the Property will w advance the policies and purposes set forth in City Code Sections 14- 1 and 14-2 in a manner M and extent sufficient to justify designation; and o co WHEREAS , the Commission recommends that the City Council designate the Property ,a a as a Fort Collins landmark; and 00 WHEREAS , the owners of the Property have consented to such landmark designation c and desire to protect the Property; and N eo ti 0 WHEREAS , such landmark designation will preserve the Property ' s significance to the c community; and Z as WHEREAS , the City Council has reviewed the recommendation of the Commission and c desires to follow such recommendation and designate the Property as a landmark; and O WHEREAS , designation of the Property as a landmark is necessary for the prosperity, civic pride, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT a COLLINS as follows : Section 1 . That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2 . That the Property located in the City of Fort Collins, Larimer County, Colorado, described as follows, to wit: - 1 - Packet Pg . 92 8.2 A PORTION OF LOTS 9 AND 10, BLOCK 105 , HARRISON ' S ADDITION TO THE CITY OF FORT COLLINS , DESCRIBED AS FOLLOWS : BEGINNING AT A POINT 72 . 5 FEET EAST OF THE NORTHWEST CORNER OF LOT 9, IN SAID BLOCK 105 , THENCE EAST 77 . 5 FEET; THENCE SOUTH 60 FEET; THENCE WEST 77 . 5 FEET; THENCE NORTH 60 FEET; TO THE POINT OF BEGINNING, ALSO KNOWN BY STREET AND NUMBERS AS 221 -223 WEST MULBERRY STREET; AND THAT PORTION OF LOTS 9 AND 10, BLOCK 105 , HARRISON ' S ADDITION TO THE CITY OF FORT COLLINS , DESCRIBED AS i FOLLOWS : BEGINNING AT A POINT 36 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 9, THENCE SOUTH 60 FEET; THENCE EAST 36 . 5 FEET; _ THENCE NORTH 60 FEET; THENCE WEST 36 . 5 FEET; TO THE POINT OF BEGINNING, ALSO KNOWN BY STREET AND NUMBER AS 227 WEST MULBERRY STREET; AND THAT PORTION OF LOTS 9 AND 10, BLOCK 105 , 2 HARRISON ' S ADDITION TO THE CITY OF FORT COLLINS, DESCRIBED AS o FOLLOWS : THE WEST 36 FEET OF LOT 9 AND THE WEST 36 FEET OF THE L NORTH 10 FEET OF LOT 10, BLOCK 105 , ALSO KNOWN BY STREET AND Y NUMBER AS 229 WEST MULBERRY STREET, CITY OF FORT COLLINS, COUNTY a OF LARIMER, STATE OF COLORADO w Q be designated as a Fort Collins Landmark in accordance with City Code Chapter 14. 0 Section 3 . That alterations, additions and other changes to the buildings and can structures located upon the Property will be reviewed for compliance with City Code Chapter 14, LO Article IV, as currently enacted or hereafter amended. 00 Introduced, considered favorably on first reading, and ordered published this 21 st day of N May, A.D. 2019 , and to be presented for final passage on the 4th day of June, A.D . 2019 . ti 0 0 z as Mayor ATTEST : _ �a L O Chief Deputy City Clerk a -2- Packet Pg . 93 8.2 Passed and adopted on final reading on the 4th day of June, A.D . 2019 . Mayor Pro Tern ATTEST : Y L City Clerk E J N N K O O. 7 L Y L a as L W Q CO ti O O O CO W O N M ti O O Z d _ to _ :a L O _ a - 3 - Packet Pg . 94 Agenda Item 9 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Timothy Kemp , Civil Engineer III Chad Crager, Director of Infrastructure Services Chris Van Hall , Legal SUBJECT Second Reading of Ordinance No . 074 , 2019 , Making Appropriations and Authorizing Transfers of Appropriations for the Lemay and Vine Intersection Improvements Project and Related Art in Public Places . EXECUTIVE SUMMARY This Ordinance , unanimously adopted on First Reading on May 21 , 2019 , appropriates $9 . 1M of Transportation Capital Expansion Fee (TCEF) and Transportation Reserve Funds into the Capital Project Fund for the Lemay and Vine Intersection Improvements Project. In addition , this item will authorize the transfer of $91 , 000 , one percent of the appropriated funds , from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places . The overall project cost, including design , property acquisition , and construction , is estimated at $23 . 3M . The City has previously appropriated $3 . 7M , and this appropriation would add $9 . 1 M to the project . The remaining funding needed for the project is $ 10 . 5M in 2019 dollars . STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading . ATTACHMENTS 1 . First Reading Agenda Item Summary, May 21 , 2019 (w/o attachments ) ( PDF ) 2 . Ordinance No . 074 , 2019 ( PDF ) Item # 9 Page 1 Packet Pg . 95 ATTACHMENT 1 9' 1 Agenda Item 16 AGENDA ITEM SUMMARY May 21 , 2019 CouncilCity v N O L - a 0 STAFF m N L Timothy Kemp , Civil Engineer III Chad Crager, Director of Infrastructure Services = Chris Van Hall , Legal �a SUBJECT E J First Reading of Ordinance No . 074 , 2019 , Making Appropriations and Authorizing Transfers of Appropriations ti for the Lemay and Vine Intersection Improvements Project and Related Art in Public Places . o EXECUTIVE SUMMARY 0 The purpose of this item is to appropriate $9 . 1 M of Transportation Capital Expansion Fee (TCEF ) and 00 Transportation Reserve Funds into the Capital Project Fund for the Lemay and Vine Intersection Improvements Project . In addition , this item will authorize the transfer of $91 , 000 , one percent of the appropriated funds , from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places . E The overall project cost, including design , property acquisition , and construction , is estimated at $23 . 3M . The City has previously appropriated $3 . 7M , and this appropriation would add $9 . 1 M to the project. The remaining funding needed for the project is $ 10 . 5M in 2019 dollars . 0 3 STAFF RECOMMENDATION 0 N Staff recommends adoption of the Ordinance on First Reading . N BACKGROUND / DISCUSSION The Lemay Avenue realignment and intersection improvements have been prioritized as the City's highest priority Transportation Capital Improvement Project. The Lemay Avenue realignment and grade separation has E been on the City's Master Street Plan for nearly 30 years and is a critical infrastructure improvement needed to address existing transportation deficiencies , growth related impacts of new development , and neighborhood Cn livability . The existing intersection operations continue to degrade which has led to increased safety, congestion , Y and access problems for local neighborhoods , railways , emergency services , and the traveling public. Unlike most railroad crossings within Fort Collins , the existing Lemay Avenue and Vine Drive intersection is greatly _ impacted due to the proximity of the BNSF and Great Western Railroad switching yard along Vine Drive . 0 a� Additionally, the existing intersection is severely congested with limited options to expand through lanes or turn Q capacity due to the proximity to houses and driveways . The Lemay and Vine Intersection Improvements Project will construct a new roadway ( realigned Lemay Avenue ) from Lincoln Avenue to Conifer Street, and a new intersection slightly northeast of the existing Lemay Avenue and Vine Drive intersection . The project will also contain a roadway bridge over the Burlington Northern Santa ;n Fe ( BNSF ) Railway and Vine Drive . The construction of this project will alleviate existing deficiencies and provide a key infrastructure asset for growth related impacts of new development in northeast Fort Collins . More specifically, this project will : �a a Item # 16 Page 1 Packet Pg . 96 9. 1 Agenda Item 16 • Improve quality of life , equity , and neighborhood livability for Andersonville , Buckingham , and Alta Vista by removing arterial traffic volumes off Ninth Street • Reduce accidents and congestion , and improve emergency services coverage by separating travel modes (D from BNSF Railway switching operations o • Improve air quality by reducing the emissions from idling vehicles , whereby aligning with the goals of the a Climate Action Plan o • Provide multi- modal connectivity to the new Sugar Beet Park at the southwest corner of Vine and Lemay N L The overall project cost, including design , property acquisition , and construction is estimated at $23 . 3M . The project is being designed and constructed in phases , enabling the project to move forward as project funding = becomes available . Phase One advanced the project's engineering design to 50% , placed fill dirt for the future bridge , installed a box culvert to convey stormwater, and completed a majority of the property acquisitions necessary to construct the improvements . This total cost to complete this work was $3 . 7M . E As this project will be adding growth-related vehicular and multimodal capacity to the transportation network , the � project is eligible to be partially funded using Transportation Capital Expansion Fee (TCEF ) funds . This project will be replacing an existing two-lane roadway with a new four-lane roadway ; resulting in a net gain of two travel o lanes . These new travel lanes will address growth -related impacts by providing additional capacity and are u eligible to be funded by TCEF funds . Reconstruction of the existing two travel lanes is considered correction of an existing deficiency and must be funded by other sources . To ensure funding proportionality, staff developed 0 a funding contribution model to assign funding responsibilities for TCEF , developer obligations , and other City o funding sources . Staff calculated the total TCEF contribution available for the project as $ 10 . 7M of which $ 1 . 8M N (2019 Dollars ) will be reimbursed by future proximate development. a� E Approximately $ 1 . 6M of TCEF funds have been previously appropriated to the project as part of Phase One . Appropriating an additional $9 . 1 M in TCEF funds for Phase two enables the following : Right-of-way purchases for realigned Lemay Avenue , south of Vine Drive ; and the Buckingham Street • extension from Ninth Street to realigned Lemay 3 • Complete the final design and begin construction c • Complete dirt placement and install utilities along realigned Lemay Avenue • Obtain Public Utilities Commission ( PUC ) approval for the roadway bridge and complete a Construction and N Maintenance Agreement with BNSF Staff anticipates the efficiencies gained through initiating the above items in 2019 will reduce the overall project duration by one year. Reducing the project's overall time frame will also result in cost savings for the project. E Per City Code Section 24-304 , all appropriations for construction projects estimated to cost over $250 , 000 shall include an amount equal to one percent of the estimated cost for works of art. The total Art in Public Places E funds to be appropriated is $91 , 000 . This item will transfer $70 , 980 of the TCEF appropriations to the Art in a) Public Places Program . Staff has identified the Transportation Reserves as a means to provide the additional $20 , 020 needed to provide long-term maintenance for the art. 00 _ a� a� CITY FINANCIAL IMPACTS Q a� _ This action will appropriate $9 . 1 M into the Capital Project Fund for the Lemay and Vine Intersection Improvements Project and transfer $91 , 000 from the Capital Project Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program . L_ The following is a summary of funds to be appropriated with this action : m E �a a Item # 16 Page 2 Packet Pg . 97 9. 1 Agenda Item 16 Prior Appropriated Funds 2015 / 2016 BFO Process ( Keep Fort Collins Great) $ 17050 , 000 Y 2017 / 2018 BFO Process (General Fund Reserves ) $ 17000 , 000 W Transportation Capital Expansion Fee Funds $ 176442723 0 Total Prior Appropriations Phase I $35694,723 a 0 Funds to be Appropriated with this Action Phase II m Transport tion Capital Expansion Fee Funds Reserves $9 , 079 , 980 L Transportation Reserves $20 , 020 Total Funds to be Appropriated with this Action $9 , 1009000 _ Total Current Project Budget $ 1297949723 �a E Transfer to Art in Public Places $91 ,000 J The overall project cost, including design , property acquisition , and construction , is estimated at $23 . 3M , leaving c an overall shortage of $ 10 . 5M in 2019 dollars . BOARD / COMMISSION RECOMMENDATION 0 0 Staff has presented to various Boards and Commissions over the course of the project, including presentations to the Transportation Board , the Futures Committee , the Council Finance Committee , and at Council Work _ Sessions . At the April 15 , 2019 Council Finance Committee (CFC ) meeting , unanimous support was given for 0 bringing this appropriation to the full Council . Draft CFC meeting minutes specific to this item are attached . PUBLIC OUTREACH M 0 Staff has given many formal presentations and provided project information at City sponsored events . Staff 3 designed the outreach to encourage public participation and collect feedback. Staff is actively addressing 0 community questions and working with nearby residents , business owners , landowners , and proposed N development projects . N Summary of Public Engagement to Date : • February 2016 - Public Open House (Streets Facility) 122 people signed in for the event • August 2016 - Lincoln Neighborhood Ice Cream Social • November 2016 - Presentation to Alta Vista residents E • September 2017 - Open House event for Alta Vista , Andersonville , and Buckingham residents at the E Legacy Church ( Ninth Street and San Cristo Street) Cn • December 2017 and March 2018 - Fort Collins Area Chamber of Commerce E m • February 2018 - Fort Collins Sertoma Club = • March 2018 and February 2019 - North Fort Collins Business Association a� Staff will continue public outreach and engagement efforts with stakeholders throughout the duration of the Q project. _ In addition , staff maintains an active project website available at: < http ://www.fcgov . com/engineering/vine- lemay. php> L ATTACHMENTS ii 1 . Location Map ( PDF) E 2 . Council Finance Committee minutes , April 15 , 2019 (draft) ( PDF) 3 . Powerpoint presentation ( PDF) a Item # 16 Page 3 Packet Pg . 98 ORDINANCE NO, 074, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPROPRIATIONS AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE LEMAY AND VINE INTERSECTION IMPROVEMENTS PROJECT AND RELATED ART IN PUBLIC PLACES WHEREAS , the Lemay Avenue realignment and intersection improvements have been prioritized as the City' s highest priority Transportation Capital Improvement Project and has been on the City ' s Master Street Plan for nearly 30 years ; and m 'o WHEREAS, the Lemay and Vine Intersection Improvements Project will construct a new a realigned Lemay Avenue from Lincoln Avenue to Conifer Street, and a new intersection slightly o northeast of the existing Lemay Avenue and Vine Drive intersection (the "Project") ; and as WHEREAS , the Project will alleviate existing deficiencies and provide a key infrastructure asset for northeast Fort Collins while also adding vehicular and multimodal capacity to the existing = transportation network within the Project area; and > WHEREAS, the Project cost is currently estimated at $23 . 3 million and will be replacing J an existing two-lane roadway with a new four-lane roadway, which results in a net gain of two travel lanes ; and o WHEREAS , because these new travel lanes will address growth-related impacts by providing additional capacity to the existing transportation network, the Project is eligible to be 0 partially funded through Transportation Capital Expansion Fee ("TCEF") funds; and c) 0 WHEREAS , staff developed a funding contribution model and calculated the total TCEF `N qe contribution available for the Project as $ 10 . 7 million, of which $ 1 . 8 million (in 2019 dollars) will c be reimbursed by future development of land adjacent to the Project; and o z as WHEREAS, this Ordinance appropriates $9 . 1 million in TCEF funds to the Project; and WHEREAS , this appropriation will also address Art in Public Places obligations associated O with this appropriation of $9 . 1 million for the Project; and rm WHEREAS , this appropriation benefits the public and residents of the City of Fort Collins because it enhances existing roadway and infrastructure within the City; and Q WHEREAS , Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS , the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the - 1 - Packet Pg . 99 9.2 Transportation Capital Expansion Fee Fund and will not cause the total amount appropriated in the Transportation Capital Expansion Fee Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any 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 Transportation Fund and will not cause the total amount appropriated in the Transportation 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 c transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof a from one fund or capital project to another fund or capital project, provided that the purpose for o 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 as project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and = WHEREAS , this Project involves construction estimated to cost more than $250,000, as such, Section 23 -304 of the City Code requires one percent of these qualified appropriations to be J transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program. c NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : 0 o� Section 1 . That the City Council hereby makes and adopts the determinations and c findings contained in the recitals set forth above. NIN 401 0 Section 2 . That there is hereby appropriated for expenditure from prior year reserves in o the Transportation Capital Expansion Fee Fund for transfer to the Capital Projects Fund the sum of NINE MILLION SEVENTY-NINE THOUSAND NINE HUNDRED EIGHTY DOLLARS c ($9,079,980) for the Lemay and Vine Intersection Improvements Project and appropriated therein. L O Section 3 . That there is hereby appropriated for expenditure from prior year reserves in c the Transportation Fund for transfer to the Capital Projects Fund the sum of TWENTY E THOUSAND TWENTY DOLLARS ($20,020) for the Lemay and Vine Intersection Improvements Project and appropriated therein. Q Section 4 . That the unexpended appropriated amount of SEVENTY THOUSAND NINE HUNDRED EIGHTY DOLLARS ($70,980) in the Capital Projects Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Art Project. Section 5 . That the unexpended appropriated amount of EIGHTEEN THOUSAND -2- Packet Pg . 100 9.2 TWO HUNDRED DOLLARS ($ 18 ,200) in the Capital Projects Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Operations , Section 6 . That the unexpended appropriated amount of ONE THOUSAND EIGHT HUNDRED TWENTY DOLLARS ($ 1 , 820) in the Capital Projects Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance. Introduced, considered favorably on first reading, and ordered published this 21 st day of May, A.D . 2019 , and to be presented for final passage on the 4th day of June, A. D . 2019 . o a _ 0 r a� Mayor ATTEST : as E as Chief Deputy City Clerk ti 0 Passed and adopted on final reading on the 4th day of June, A.D . 2019 . co 0 TOM o� 0 Mayor Pro Tem NIN ATTEST : c 0 z as City Clerk = L 0 _ E arm M ANION Q - 3 - Packet Pg . 101 10 Agenda Item 10 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Link Mueller, Utilities Special Projects Manager Carol Webb , Deputy Director, Utilities Eric Potyondy, Legal SUBJECT First Reading of Ordinance No . 075 , 2019 , Making Appropriations and Authorizing Transfers of Appropriations for the Drake Water Reclamation Facility Sidestream Treatment Project and Related Art in Public Places . EXECUTIVE SUMMARY The purpose of this item is to request an appropriation for additional funding for the Drake Water Reclamation Facility ( DWRF) Sidestream Treatment Project. This request is necessary to complete the permit- required project within the required timeframe to meet DWRF 's National Pollution Discharge Elimination System ( NPDES ) phosphorus compliance schedule deadline of December 31 , 2020 . Successful operation of this infrastructure will also earn regulatory credits to delay future capital project expenses by upwards of 10 years . STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading . BACKGROUND / DISCUSSION The purpose of this agenda item is to request an appropriation of $ 1 . 1 million for additional funding for the Drake Water Reclamation Facility ( DWRF ) Sidestream Treatment Project. The current project budget is $4 . 3 million . The additional $ 1 . 1 million appropriation will increase the project budget to $ 5 .4 million . The cost estimate at 60% project design , completed in January 2019 , for the Sidestream Treatment project is greater than the approved budget. Key Project Drivers The Sidestream Treatment Project is necessary for DWRF to meet future nutrient water quality regulations by the Colorado Department of Public Health and Environment (CDPHE ) . The DWRF NPDES permit includes a phosphorus compliance schedule to ensure the City is successful in meeting the required phosphorus limits by January 1 , 2021 . The Sidestream Treatment Project is a necessary addition required for DWRF to meet these proposed phosphorus standards . Nutrient removal projects have been identified as part of the Utility's Capital Improvement Planning ( CIP) and Master Planning efforts for the last ten years . The current CIP-identified Nutrient Removal Projects required to meet future nutrient limits by the Environmental Protection Agency ( EPA) and CDPHE and have future potential costs of approximately $70 million by 2028 . The Wastewater Utility has been actively planning to minimize this cost as much as possible through participation in the CDPHE Nutrient Incentive Program and the American Water Works Association Clean Water Partnership . Participation in these programs could provide the City both schedule and financial relief of up to 10 years . Item # 10 Page 1 Packet Pg . 102 10 Agenda Item 10 Rationale for Appropriation Request A conceptual class 5 cost estimate of $4 . 3 million was developed for the 2017-2018 BFO cycle based upon capacity, modeling , analogous projects and the available sidestream treatment technologies . As stated in the BFO offer, the design was based on a conceptual design and a complete design could result in an increase or decrease of the cost to meet the design deliverables . As design progressed , additional detail , including equipment selection , and other specifications resulted in increased project costs . A contingency in the additional budget request has been included , appropriate for the current level of design . The following three major factors impacted the budget requiring this appropriation request: 1 . A new sludge feed pump station was required in addition to other improvements increasing construction costs approximately $625 , 000 . It had been anticipated , but not feasible , that the existing sludge pumps could be used . Thus , staff has now determined that their use is not feasible . 2 . Completion of the 60% design cost estimate (class 2 ) revealed an error in the original BFO class 5 estimate allowing the original BFO request to be approximately $325 , 000 under-funded . In the future , BFO offer estimates , including backup documentation , will be provided to management staff for review. 3 . The retirement of the Utilities' lead programming engineer impacted the ability to self- perform all the process programming , integration , and operator interface requirements of the plants . Additional support from the equipment manufacturers and consulting engineers is required for process programming and integration costing approximately $ 150 , 000 . For the 2019-2020 BFO budget cycle , staff initiated a process where larger projects will start with a "design only" phase so that better construction estimates can be obtained prior to appropriation . This practice will address the budgeting issues that occurred for this project. The current DWRF NPDES permit requires the City to comply with nutrient regulations by January 1 , 2021 . The permit's compliance schedule also indicates the construction must begin by December 31 , 2019 . It is critical to begin construction as soon as possible in 2019 in order to give facility staff adequate time to optimize the system to comply with required nutrient limits by the January 1 , 2021 deadline . ENVIRONMENTAL IMPACTS In March 2013 , CDPHE promulgated Regulation #85 , requiring Publicly Owned Treatment Works ( POTWs) with greater than 2 million gallons per day capacity to meet more stringent effluent water quality standards . The regulation mandates that existing POTWs limit their effluent discharge on a monthly median value of Total Phosphorus to 1 . 0 mg/L and Total Inorganic Nitrogen (TIN ) of 15 mg/L . DWRF currently meets the TIN limit , but the improvements installed with the Sidestream Treatment Project are necessary to help meet the Total Phosphorus limit . While phosphorus and nitrogen are building blocks of organic life , high concentrations in lakes , reservoirs , and receiving waters can lead to lower dissolved oxygen levels , poison aquatic life , and eutrophication . POTWs are only one of three major sources of nutrient contamination of receiving waters (urban and agricultural non -point source run-off being the other two) but are the easiest to regulate being a point source contributor. ALTERNATIVE ANALYSIS As project design evolved and the need for additional funding became apparent, the project team evaluated the following project alternatives : 1 . Value engineering . The project team , including City staff, the general contractor, and the design engineer evaluated construction and design variables that could be eliminated and/or reduced and still deliver an effective project. While numerous items were removed or revised , this evaluation was not successful in bringing the overall project costs down to within the available budget. 2 . Not complete the project . This alternative would jeopardize not only immediate regulatory compliance performance but future nutrient compliance issues as well . Item # 10 Page 2 Packet Pg . 103 10 Agenda Item 10 3 . Request $ 1 . 1M as an off-cycle appropriation request . This is the preferred and recommended alternative by City staff. This alternative is also recommended by the City' s Water Board . CITY FINANCIAL IMPACTS This Ordinance appropriates $ 1 , 111 , 000 of Wastewater Fund Reserves for the DWRF Sidestream Treatment Project (which includes $ 11 , 000 for Art in Public Places ) . Adequate funds exist in the Wastewater Fund reserves to cover this request for additional appropriations . In the latest 10 -year Wastewater Capital Improvement Program (CIP) , $80-$ 100 million of capital improvements were identified and this is a relatively small increase . A rate increase beyond what is already planned will not be required as a result of this request . BOARD / COMMISSION RECOMMENDATION At its April 18 , 2019 , meeting , the Water Board voted unanimously to recommend approval of the appropriation . (Attachment 2 ) At its May 20 , 2019 , meeting , the Council Finance Committee supported the additional appropriation . (Attachment 3) ATTACHMENTS 1 . 2017-2018 BFO Offer ( PDF ) 2 . Water Board minutes , April 18 , 2019 (draft) ( PDF ) 3 . Council Finance Committee minutes , May 20 , 2019 (draft) ( PDF ) Item # 10 Page 3 Packet Pg . 104 ATTACHMENT 1 10. 1 Packages and Offers Budget Years : 2017 - 2018 ENVIRONMENTAL HEALTH 6 . 55 ENHANCEMENT 1 . 0 FTE - Utilities : Wastewater - Resource Recovery Specialist - Funded 2017 - $625453 m 2018 - $775065 a This offer will provide funding for an additional Resource Recovery ( RR) Specialist at Meadow Springs Ranch (MSR) . MSR is a 26 , 600-acre property a managed by the Water Reclamation and Biosolids Division . The primary function and purpose of MSR is for biosolids land application , cattle grazing and CL environmental stewardship of rangeland ecology . Q rm RR Specialists perform daily operational activities on MSR, located 30 miles north of Fort Collins . Currently two dedicated FTEs perform all operations on the property. Because of this current lack of FTEs , staff must work alone , which presents a safety risk and limits the efficiency of work completed on such a large property. In addition , because of this lack of redundancy , staff has limited opportunities for training and development. Maintaining an acceptable Q work/life balance is also a challenge when scheduling vacations and ensuring adequate coverage . a) .1 Since 1994 , biosolids production has increased 40% with early months of 2016 indicating this increase will continue . Because of the increase , the need to 0 maintain one dedicated biosolids hauler/driver (Resource Recovery Specialist) has further limited the staff available for day-to-day field operations and a maintenance activities on Meadow Springs Ranch . E a� V Meadow Springs Ranch is an industry-recognized best management example of successful regulatory compliant biosolids application , cattle operations , y endangered species protection , neighbor relationships and environmental stewardship . All of the above have been validated by third- party accreditation 2 through the EPA National Biosolids Management Program ( ISO 14001 based ) , EPA 503 Regulations , revenue generation from cattle grazing operation , y LL and numerous scientific studies with U . S . Environmental Protection Agency ( EPA) , Colorado State University (CSU ) , Colorado Fish and Game , Natural Areas and many more . o This Offer supports the following Strategic Objectives : ti - ENV 4 . 9 - Meet all regulatory requirements while supporting programs that go beyond compliance - HPG 7 .4 - Develop and implement initiatives to achieve safety goals and continue to focus on employee health and wellness a� - ENV 4 . 8 - Expand , improve , restore and protect wildlife habitat, urban forests and the ecosystems of the Poudre River and other ecosystems O 6 . 56 ENHANCEMENT CAPITAL - Utilities : Wastewater - Sidestream Treatment - Funded 2017 - $0 m 2018 - $433009000 0TOM 0 This offer funds the design and installation of a wastewater side stream treatment system to meet future nutrient (nitrogen and phosphorus ) regulations . N The recycle stream from biosolids dewatering carries high nutrient concentrations back to the main stream treatment system . Side stream treatment willTOM ti remove nutrients from the recycle stream , which can potentially be turned into fertilizer and reused . N The offer funds the design and installation of the side stream treatment system , a building to house the equipment; and ancillary piping , structural , and electrical improvements . Depending on equipment chosen , the equipment manufacturers also assist with handling and selling of the fertilizer to the E marketplace . U Q Packet Pg . 105 10. 1 Packages and Offers Budget Years : 2017 - 2018 ENVIRONMENTAL HEALTH d 7 C O As part of its Asset Management Program , Utilities determines its capital project priorities through established levels of service for sustainability , product quality and availability, reliability, compliance , customer satisfaction and safety . Performance and targets for established levels of service and L CL organizational objectives drive the priorities of the Utilities Capital Improvement Plan (CIP ) . 0 a CL The proposed dewatering improvements were evaluated in the Utilities CIP and Prioritization process and ranked No . 4 out of 46 projects within the Q Wastewater Fund . The project ranked high for compliance and sustainability due to the importance of side stream treatment in meeting regulatory mi� requirements and the opportunity to beneficially reuse the solids produced for fertilizer. c The cost estimate for this project is based on a conceptual design . A complete design may result in an increase or decrease in the cost to meet the Q project deliverables . This Offer supports the following Strategic Objectives : a 16 - ENV 4 . 9 - Meet all regulatory requirements while supporting programs that go beyond compliance a - ENV 4 . 6 - Work towards long-term zero waste goals within the community and the City organization E M - HPG 7 . 8 - Optimize the use of City assets through capital improvement planning , preventative maintenance and asset management N (n co 6 . 65 Utilities : Light & Power = Energy Services = Funded 2017 = $4, 234 , 054 y 2018 = $45263 , 877LL This offer funds energy services programs , including the staffing and resources to deliver annual efficiency and conservation program savings at an ongoing level from 2015 and 2016 . Together with offers 76 and 77 ( Energy Services Enhancement and FTE ) , this offer will achieve the Energy Policy annual portfolio savings targets in 2017 and 2018 ( 1 . 75% and 2 . 0% of community electricity use respectively) . Program planning , administration and funding are coordinated with Platte River Power Authority. This offer funds : • Efficiency Works Business incentives and technical assistance • Efficiency Works Home incentives , technical assistance and program management 0 • Consumer product incentives m • Home energy reports • Staff implementation and coordination for the Energy Policy, Journey to 2020 , FortZED , ClimateWise , On Bill Financing , Green Building , Renewable TOM Energy and Demand Response initiatives TOM Savings also result in annual carbon emissions reductions of more than 20 , 000 metric tons annually. Efficiency program savings are generated at an N average cost of 3 . 5 cents per kilowatt hour, 40% lower than the cost of wholesale electricity . Approximately 75% of the funding in this offer provides direct rebates or services to customers . E The City's efficiency and conservation programs are important pieces to the Journey to 2020 plan , comprising over 50% of the required savings to reach the 2020 goals . Efficiency and conservation are widely acknowledged as the most cost-effective path toward carbon emissions reductions . These Q Packet Pg . 106 10. 1 PROJECTSCAPITAL 1 1 By Outcome Offer # Offer Name 2017 2018 CULTURE & RECREATION 20 . 3 Grandview Cemetery Mausoleum $ 501000 $ 4507000 56 . 14 Gardens on Spring Creek Visitor Center - CCIP 0 271857000 N 70 . 3 East Community Park 2007000 0 70 . 3 Northeast Community Park 173607000 0 71 . 1 Poudre River Downtown Project - CCIP 417445000 0 c Recreational Trail Development 0 70 . 1 Trail Acquisition/Development 1 , 336 , 000 1 , 069 , 000 a Total Recreational Trail Development 113361000 110691000 a 0 Neighborhood Park Development Q 70 .2 Trailhead Park 814 , 000 343 , 000 Q Total Neighborhood Park Development 8141000 3431000 c TOTAL CULTURE & RECREATION $ 855049000 $ 490479000 0 Q ECONOMIC HEALTH 5 . 8 Utilities: Light & Power - New Feeder Capacity $ 4 , 615 ,492 $ 172877440 L) 5 . 9 Utilities: Light & Power - System Purchases 140 , 000 157000 0 5 . 11 Utilities : Light & Power - Distribution System Conversions 0 8007000 a 5 . 12 Utilities : Light & Power - System Improvements & Replacements 2 , 062 , 000 272257000 5 . 23 Utilities : Light & Power - Operational Technology - 1 . 0 FTE 27579 , 927 1827457 5 . 27 Utilities : Light & Power - Electric Distribution System Corrosion Mitigation 150 , 000 1757000 TOTAL ECONOMIC HEALTH $ 955475419 $ 456845897 y u_ ENVIRONMENTAL HEALTH 6 . 5 Utilities : Water - Treatment and Source of Supply $ 1 , 000 , 000 $ 170007000 6 . 6 Utilities : Water - Distribution Master Plan Priority Projects 179001000 173501000 6 . 7 Utilities : Water - Distribution Small Projects 1 , 000 , 000 1 , 110 , 000 6 . 8 Utilities : Water - Meter Replacement 8001000 8001000 ti 6 . 11 Utilities : Water - Water Quality Instrumentation 50 , 000 50 , 000 6 . 16 Utilities : Water - Water Quality Lab Infrastructure Replacement 173001000 173001000 6 . 17 Utilities : Water - Water Quality/Pollution Control Master Plan 210 , 000 0 0 6 . 26 Utilities : Water - Underground Electrical Power Supply 6501000 6501000 0 u_ 6 . 29 Utilities : Water - Cathodic Protection 0 272807000 m 6 . 30 Utilities : Water - Azalea Waterline Replacement 450 , 000 0 °r° 6 . 31 Utilities : Water - Poudre Canyon Raw Water Line Improvements 800 , 000 0 c N 6 .41 Utilities : Wastewater - Collection System Master Plan Priority Projects 4507000 3507000 ti 6 .42 Utilities : Wastewater - Collection System Small Projects 7067000 7437000 0 6 .43 Utilities : Wastewater - Cured in Place Pipe Lining 4501000 4507000 N 6 .44 Utilities : Wastewater - Water Reclamation and Biosolids 170007000 170007000 6 .45 Utilities : Wastewater - Pollution Control Lab Instrumentation 50 , 000 30 , 000 E 6 . 50 Utilities : Wastewater - Inflow- Infiltration Study 200 , 000 0 6 . 51 Utilities : Wastewater - Anaerobic Digester Lid Replacement 0 271001000 6 . 52 Utilities : Wastewater - Dewatering Improvements 27135 , 000 27135 , 000 Q 6 . 53 Utilities : Wastewater - Facility Sludge Strain Press Redundancy 7201000 8007000 6 . 54 Utilities : Wastewater - Water Reclamation and Biosolids Master Plan 500 , 000 0 6 . 56 Utilities : Wastewater - Sidestream Treatment 0 453007000 84 . 4 Nature in the City - CCIP 1907111 1891865 86 . 6 Natural Areas Shop Expansion 1257000 172501000 TOTAL ENVIRONMENTAL HEALTH $ 14,686, 111 $ 21 ,887,865 561 Packet Pg . 107 ATTACHMENT 2 10 .2 MINUTES Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions Excerpt from Unapproved DRAFT MINUTES - WATER BOARD REGULAR MEETING a April 18 , 2019 , 5 : 30 p . m . 222 Laporte Avenue , Colorado River Community Room a 0 U. CL Q ■ Budgeting for Outcomes ( BFO ) Offer 6 . 56 Drake Water Reclamation Q Facility ( DWRF ) Sidestream Treatment Additional Appropriation o Request Link Mueller, Special Projects Manager a Jason Graham, Plant Operations Director (Attachments available upon request ) 0 Presentation Summary a • Special Projects Manager , Link Mueller explained the need for an E additional appropriation of $ 1 . 1 million dollars for the DWRF Sidestream Cn Project . The Sidestream Treatment Project will remove soluble ma phosphorus with an Airprex System that chemically precipitates Fn phosphorus out of the liquid stream . DWRF doesn ' t currently meetum Regulation 85 phosphorus limit ( < 1 mg/L ) . The Airprex System will o remove 90 % of soluble phosphorus from the sludge . The sludge centrate loading accounts for 25 % of total plant phosphorus load . By treating the sludge , prior to dewatering , it removes the phosphorus and some of the ammonia while also improving the dewatering capabilities . The newly proposed construction start date is July 19 , 2019 . The System must be on - line and operational by December 31 , 2020 . The reason for an off- cycle appropriation is because with a mid -cycle appropriation , DWRF N could obtain funding but it couldn ' t be spent until January 1 , 2020 . 0 T Discussion Summary CL Q Board members commented on and inquired about various related topics including if the struvite is harmful to the system ( although some facilities have struvite issues , DWRF doesn 't ; The struvite will be formed in the reactor and initially sequestered in the biosolids . A future project could modify the process to allow struvite harvesting from the reactor ) ; why 0 m Airprex was chosen for the phosphorus removal process (Airprex has already gone through Colorado state process and it fit best with DWRF ' s CIO system ) ; whether there is an " Option B " ( DWRF needs to meet compliance . There is not necessarily an " Option B " at this point , but there is another project that involves carbon addition and will help ensure DWRF meets the phosphorus limit ) ; if there is a way to avoid M appropriation requests in the future ( Budgeting for Outcomes process Q provides more transparency and accountability , so appropriations will at 04 / 18 / 2019 — Excerpt from Unapproved DRAFT MINUTES Page 1 Packet Pg . 108 10.2 MINUTES Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS � Commissions WATER BOARD REGULAR MEETING a times need to occur) ; and a suggestion to include information about the o Colorado incentive fund to Council ( If DWRF meets compliance of Reg . 85 in 2020 and then meets Reg . 31 by 2028 , incentive credits could be o L earned . Funding to meet these future requirements has been set aside in a the Wastewater Fund reserves ) . Q 0 Board Member Bovee moved that the Water Board recommends to City Council the approval of the additional appropriation request of $ 1 . 1 million Q dollars from Wastewater Fund reserves for the DWRF Sidestream Project as recommended by City staff. o a Board Member Ortman seconded the motion . E Vote on the motion : It passed unanimously, 7 =0 . 0 �n um 0 ti ti v L r Q N T Q CIO N 7 C L 0 m L E a 0 / 15 /2018 — Excerpt from Unapproved DRAFT Page 2 Packet Pg . 109 ATTACP-1 M E I�T 3 10. 3 finance dZis ra ion City of 2 ' Mason 2n Floor PO Box 580 Fort Collins, CO 80522 F6rt y 970.221 .6788 M 970.221 .6782 - fax � fcgov. com c O L Q O L Finance Committee Meeting Minutes C 05/20/ 19 10am - noon o CIC Room - City Hall Q Council Attendees : Mayor Wade Troxell, Ross Cunniff, Ken Summers W Staff: Darin Atteberry, Kelly DiMartino, Jeff Mihelich , Mike Beckstead, Travis Storin, Blaine a Dunn , John Voss, Kevin Gertig, John Phelan, Terra Sampson , Theresa Connor, Sean E Carpenter, Lance Smith, Randy Reuscher, Jennifer Poznanovic, Carol Webb, Jason L Graham, Link Mueller, John Duval , Noelle Currell , Tyler Marr, Jo Cech, Ricketts, Zach Mozer, Carolyn Koontz u_ Others : Joel Stewart, Milliman, Dale Adamy, RIST ti Meeting called to order at 10 : 14 am ti Approval of Minutes from the April 19th 2019 Council Finance Committee Meeting . Ross Cunniff moved for approval of the minutes . Ken Summers seconded the motion . Minutes were approved unanimously . TOM Sidestream Treatment Project N Jason Graham , Director, Plant Operations N Carol Webb, Deputy Director, Utilities Link Meuller, Special Projects Manager vi m EXECUTIVE SUMMARY =_ The purpose of this agenda item is to request an appropriation for additional funding for the Drake Water a� Reclamation Facility ( DWRF ) Sidestream Treatment Project . This request is necessary to complete the permit- required project within the required timeframe to meet DWRF' s National Pollution Discharge Elimination System >_ ( NPDES ) Phosphorus ( P ) Compliance Schedule deadline of December 31, 2020 . Successful operation of this c infrastructure also will earn regulatory credits to delay future capital project expenses by upwards of 10 years . V m This request is an off-cycle request vs . a mid -cycle request due to the regulatory nature and schedule deadlines = required by CDPHE . ii GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED c Should staff move forward with this off-cycle appropriation request for the Sidestream Project? v BACKGROUND/DISCUSSION U Q Packet Pg . 110 10. 3 Fort Collins N N 7 The cost estimate at 60% project design, completed in January 2019, for the Sidestream Treatment project is m greater than the approved budget . The purpose of this agenda item is to request Council' s approval increase the W rm project budget from $4 . 3 million to $ 5 . 4 million for an additional appropriation of $ 1 . 1 million . 0 is L KEY PROJECT DRIVERS o L The Sidestream Treatment project is necessary for DWRF to meet future nutrient water quality regulations by a Colorado Department of Public Health and Environment ( CDPHE ) . The DWRF National Pollutant Discharge Q Elimination System ( NPDES ) permit includes a phosphorus Compliance Schedule to ensure the City is successful in c meeting the required phosphorus limits by January 01, 2021 . The Sidestream Treatment project is a necessary addition required for DWRF to meet these proposed phosphorus standards . Q Nutrient Removal Projects have been identified as part of the Utility' s Capital Improvement Planning ( CIP ) and U Master Planning efforts for the last ten years . The current CIP identified Nutrient Removal projects required to 0 meet future nutrient limits by the Environmental Protection Agency ( EPA) and CDPHE and have future potential a costs of approximately $70 million by 2028 . The Wastewater Utility has been actively planning to minimize this cost as much as possible through participation in the CDPHE Nutrient Incentive Program and the AWWA Clean N Water Partnership . Participation in these programs could provide the City both schedule and financial relief of up to 10 years . v� u_ W A conceptual class 5 cost estimate of $4 . 3 million was developed for the 2017 -2018 BFO cycle based upon capacity, modeling, analogous projects and the available Sidestream Treatment technologies . As stated in the BFO offer, the design was based on a conceptual design and a complete design could result in an increase or decrease of the cost to meet the design deliverables . As designed progressed, additional detail, including equipment selection, and other specifications resulted in increased project costs . A contingency in the additional budget request has been included, appropriate for the current level of design . The following three major factors impacted the budget requiring this appropriation request : TOM N 1 . A new sludge feed pump station was required in addition to other improvements increasing construction c costs approximately $ 625,000 . It had been anticipated, but not feasible, that the existing sludge pumps N could be used 2 . Completion of the 60% design cost estimate ( class 2 ) revealed an error in the original BFO class 5 estimate vi allowing the original BFO request to be approximately $ 325, 000 under-funded . In the future BFO offer estimates, including backup documentation will be provide to management staff for review = 3 . The retirement of the Utilities' lead programming engineer impacted the ability to self- perform all the process programming, integration, and operator interface requirements of the plants . Additional support from the equipment manufacturers and consulting engineers is required for process programming and E integration costing approximately $ 150, 000 0 (U 0 For the 2019-2020 BFO budget cycle, steps were taken to address the budgeting issues that occurred for this = project . Larger projects will start with a "design only" phase so that better construction estimates can be obtained prior to appropriation . u_ U The current DWRF discharge permit requires the City to be in compliance with nutrient regulations by January 1, c 2021 . The permit' s compliance schedule also indicates the construction must be started by December 31, 2019 . U It is critical to begin construction as soon as possible in 2019 in order to give facility staff adequate time to optimize the system to comply with required nutrient limits by the January 1, 2021 deadline . E U 2 a Packet Pg . 111 10. 3 Fort Collins N N 7 d ENVIRONMENTAL IMPACTS In March 2013, the State of Colorado passed Regulation #85, requiring Publicly Owned Treatment Works ( POTWs ) with greater than 2 million gallons per day capacity to meet more stringent effluent water quality. The Q regulation mandates that existing POTWs limit their effluent discharge on a monthly median value of Total o Phosphorus to 1 . 0 mg/ L and Total Inorganic Nitrogen (TIN ) of 15 mg/L. DWRF currently meets the TIN limit but a the improvements installed with the Side Stream project are necessary to help meet the Total Phosphorus limit . Q _ 0 While phosphorus and nitrogen are building blocks of organic life, high concentrations in lakes, reservoirs and receiving waters can lead to lower dissolved oxygen levels, poison aquatic life, and eutrophication . POTWs are Q only one of three major sources of nutrient contamination of receiving waters ( urban and agricultural non - point source run -off being the other two ) but are the easiest to regulate being a point source contributor. W 0 L a ALTERNATIVE ANALYSIS E As project design evolved and the need for additional funding became apparent, the project team evaluate the L following project alternatives : 1 . Value Engineering — The project team , including City staff, general contractor, and design engineer evaluated construction and design variables that could be eliminated and / or reduced and still deliver an co u_ effective project . While numerous items were removed or revised, this evaluation was not successful in bringing the overall project costs down to within the available budget . p 2 . Not complete the project — This alternative would jeopardize not only immediate regulatory compliance performance but future nutrient compliance issues as well . 3 . Request $ 1 . 1 M as a mid — cycle appropriation request — This alternative would jeopardize the City' s ability to comply with NPDES P Standard Compliance Schedule deadlines . 4 . Request $ 1 . 1 M as an off — cycle appropriation request — This is the preferred and recommended alternative by City Staff. This alternative is also recommended by the City' s Water Board . TOM 0 N CITY FINANCIAL IMPACTS N This O appropriate $ 1, 111,000 of Wastewater Fund Reserves for the DWRF Sidestream Treatment Project . Adequate funds exist in the Wastewater Fund reserves to cover this request for additional appropriations . In the vi latest 10-year Wastewater Capital Improvement Program ( CIP ), $89M of capital improvements were identified a; and this is a relatively small increase . A rate increase beyond what is already planned will not be needed as a c result of this request . a� a� DISCUSSION / NEXT STEPS E Phosphorus Removal c The Water Board voted unanimously to recommend approval of this appropriation at their April 181" 2019 ) meeting. c is _ Ross Cunniff; this looks great — Confirming that this an appropriation out of the Wastewater Fund . LL U Jason Graham ; that is correct c U New part is the reactor - will add — will precipitate out the phosphorus = m >_ U 0 3 Q Packet Pg . 112 10. 3 Fort Collins N N 7 Ross Cunniff; what would we do with it? Would be part of biosolids ? m Jason Graham ; the bio solids will continue to go to Meadow Springs Ranch which we have owned since the mid 0 90' s - 26, 600 acres - (this function used to be done at Prospect and 125 ) a 0 L Jason Graham ; this project does not harvest it as there isn't a market for it currently - but could be a potential Q- a revenue source in the future Q _ Link Mueller; we are designing the system to be able to add on the harvesting aspect easily . Ken Summers; slide 9 states - $80 - 100M of capital work is expected to be needed between 2017 and 2026 in Q addition to the current capital appropriations . What is current ? not current ? - what are some of those projects U 0 L Jason Graham ; we are discussing Regulation 85 . Another regulation ( 31 ) comes in effect as of 2027 which has a the potential to drive down the regulations even more - Associated with that level of compliance — this project does have the potential to offset - we get credit for each year we are compliant / stay below the black line . m City of CO F&II: Collins Um Total Phosphorus Current Performance Anticipated Performance 2.52.0 // v w 1.5 C N O 1.0 N f� D.5 D.0 = A-18 M-18 J-18 1-18 A-18 S-18 0-18 N-18 D-18 J-19 F-19 M-19 J-21 F-21 M-21 A-21 M-21 J-21 J-21 A-21 S-21 0-21 N-21 D-21 'M Projected Effluent TP ( mg/L) Effluent TP (mg/L) — — Future TP Limit ( mg/L) Y —TP Limit as of Jan 2021 ( mg/L) >_ Carol Webb; I believe that the $80- 100M is the fund as a whole - we anticipate that much across the fund over c the next ten years . We already have projects that Council has appropriated funds for . V 4) U Mike Beckstead ; every 2 years we bring the long term capital plans for each of the utilities to Council Finance . We are planning to bring these plans forward in November of this year . We could copy you on the last long term u_ financial plan if you would like . _ 0 Mayor Troxell ; You need the financing now to meet construction start . v _ m Jason Graham ; we are hoping to bring this to Council in June ( schedule permitting) E U 4 a Packet Pg . 113 10. 3 Fort Collins N N 7 d Jason Graham ; O & M will be absorbed by our staff — we have a contract for year 1 to maintain it as we start it up = and get it going O is L Meeting adjourned at 11 : 18 am c L Q CL Q O 00 Q U aD .o a E a� L m �n LL 0 ti ti w �a L r O N O N 2 V1 d 7 C N N O U O v c ca M v c O U m E v 5 Q Packet Pg . 114 ORDINANCE NO . 075 , 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPROPRIATIONS AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE DRAKE WATER RECLAMATION FACILITY SIDESTREAM TREATMENT PROJECT AND RELATED ART IN PUBLIC PLACES WHEREAS, the City is pursuing the Drake Water Reclamation Facility Sidestream Treatment Project ("Project") in order to meet anticipated future water quality standards under regulations promulgated by the Water Quality Control Commission of the Colorado Department of Public Health and Environment; and WHEREAS , a conceptual cost estimate of $4. 3 million for the Project was developed for the 2017-2018 Budgeting for Outcomes cycle based on capacity, modeling, analogous projects, and available sidestream treatment technologies ; and WHEREAS , the total cost for the Project has since increased as design progressed, requiring an additional appropriation in order to complete the Project; and WHEREAS , there are unappropriated prior year reserves in the Wastewater Fund that are available to be appropriated for the Project; and WHEREAS , Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that funds for this appropriation are available and previously unappropriated from the Wastewater Fund and that this appropriation will not cause the total amount appropriated in the Wastewater 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 ; and WHEREAS , this Project involves construction estimated to cost more than $250,000, as such, Section 23 -304 of the City Code requires one percent of these qualified appropriations to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places program; and - 1 - Packet Pg . 115 WHEREAS, in accordance with Article V, Section 10 of the City Charter, the appropriation of reserves for the Project from the Wastewater Fund and the transfer of a portion of those unexpended and unencumbered appropriated funds to the Art in Public Places program established by City Code Section 23 -304(a) will be used for Wastewater purposes and improvements in connection with the Project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2 . That there is hereby appropriated for expenditure from prior year reserves in the Wastewater Fund the sum of ONE MILLION ONE HUNDRED ELEVEN THOUSAND DOLLARS ($ 1 , 111 ,000) for the Drake Water Reclamation Facility Sidestream Treatment Project as follows : Drake Water Reclamation Facility Sidestream Treatment $ 1910000 Proj ect Art in Public Places Project (Artwork) 8 ,580 Art in Public Places Project (transfer to Cultural Services 2,200 Fund for APP Operations) Art in Public Places Project (transfer to Cultural Services 220 Fund for APP Maintenance) TOTAL $ 11111 ,000 Section 3 . That the unexpended appropriated amount of TWO THOUSAND TWO HUNDRED DOLLARS ($2,200) in the Wastewater Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Operations . Section 4 . That the unexpended appropriated amount of TWO HUNDRED TWENTY DOLLARS ($220) in the Wastewater Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance. -2- Packet Pg . 116 Introduced, considered favorably on first reading, and ordered published this 4th day of June, A.D . 2019, and to be presented for final passage on the 2nd day of July, A.D . 2019 , Mayor Pro Tern ATTEST : City Clerk Passed and adopted on final reading on the 2nd day of July, A.D . 2019 , Mayor ATTEST : City Clerk - 3 - Packet Pg . 117 11 Agenda Item 11 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Ken Sampley, Water Systems Engineering Manager Theresa Connor, Water Engineering Field Operations Mrg Shane Boyle , Civil Engineer III Lance Smith , Utilities Strategic Finance Director Judy Schmidt, Legal SUBJECT First Reading of Ordinance No . 076 , 2019 , Approving , Affirming and Ratifying Funding of the Non -City Share of the NECCO Project by Offering to Owners and Developers of Property Within the NECCO Area a Proportionate Buy- In to Connect to the NECCO Project. EXECUTIVE SUMMARY The purpose of this item is to adopt the cost share concept whereby development and redevelopment draining into the Northeast College Corridor Outfall ( NECCO ) stormwater system are required to pay their proportional cost share of the NECCO improvements if they choose to use the NECCO system in lieu of constructing separate stormwater facilities . The NECCO stormwater system (or NECCO Project) was designed to provide an adequate stormwater outfall for the area north of Vine Drive and east of College Avenue in order to alleviate existing drainage problems and to facilitate development and redevelopment in the area . STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading . BACKGROUND / DISCUSSION Project History The Northeast College Corridor Outfall ( NECCO ) Project was initiated in response to large development potential north of Vine Drive and east of College Avenue . At that time , there was no adequate stormwater outfall for this area of the city, which created a significant hinderance to development and redevelopment. There were also drainage problems in this area from existing development, mainly due to a lack of stormwater regulations when this area of the City originally developed . The NECCO area map is Exhibit A to Ordinance No . 076 , 2019 . In response to development interest in the area , design was initiated on a stormwater system that would help mitigate existing drainage issues in the area , as well as provide an adequate stormwater outfall . The NECCO stormwater design was managed by the City's Stormwater Capital Improvement Program group and was completed in 2009 . The NECCO stormwater system schematic is Attachment 1 to this AIS . Construction of the "backbone" storm sewer system occurred in 2016-2017 and the regional pond was constructed in 2018 . Other portions of the NECCO stormwater system have been completed by development, and were funded partially through the Developer Repay program and partially through the NECCO buy- in paid by the development. Another section of the system is under design and will be constructed as part of Planning , Development and Transportation 's Suniga Road capital project. Item # 11 Page 1 Packet Pg . 118 11 Agenda Item 11 Cost Share Concept Entities proposing to develop in this area ( Developers ) can choose to connect into the NECCO stormwater system in order to receive the benefits of the system . Developers that choose to connect pay a proportionate share of the NECCO stormwater system cost as described below. Developers that choose not to connect to the NECCO stormwater system are required to meet typical stormwater requirements without the benefit of NECCO . Since the NECCO proportionate cost for a development only covers its respective share of the NECCO stormwater system , all properties still pay the standard stormwater plant investment fees ( PIFs ) in addition to their respective share of the NECCO stormwater system cost. The NECCO area was originally analyzed to determine which portions of the area are developed and undeveloped . To define proportionate cost shares , the NECCO stormwater system was broken down into individual project components and the cost of each component was divided among the area benefitting from that component (e . g . , only those areas receiving a benefit from the regional pond pay for the regional pond ) . The analyses determined that the City's share of the NECCO Project would be approximately 49% and the appropriate developer share would be approximately 51 % . The NECCO stormwater system cost allocation spreadsheet is Exhibit B to Ordinance No . 076 , 2019 . To date , the City has been constructing improvements and is being repaid for a pro -rata share of costs for the developer share of the Project as development occurs through development and/or repay agreements . It is anticipated the City will stop collecting allocated costs once the appropriate developer shares of NECCO improvements have been received . Current costs are based on a combination of estimated and actual construction costs . The cost estimate will be updated to reflect actual construction costs as improvements are constructed . Although the NECCO Project has a long history and is partially constructed , the purpose of the proposed Ordinance is to formalize the allocation of costs between the City and benefitted development, and the allocation of the developer share of improvement costs among benefitted properties as they develop or redevelop . CITY FINANCIAL IMPACTS The intent of this Ordinance is to establish a cost sharing mechanism that allows the City to recover the portion of costs incurred to date for this project that is associated with new development and anticipated redevelopment. To date the City has recovered $ 1 M of the $6M developer' s share of project cost. While this project is a very cost-effective solution to the required stormwater infrastructure for future development and redevelopment, there is the possibility that future development may choose to build alternative stormwater drainage . Staff considers this risk to be minimal based on the alternatives considered before constructing this project and the participation of development to date . BOARD / COMMISSION RECOMMENDATION At its February 21 , 2019 meeting , the Water Board unanimously recommended that City Council adopt the Ordinance . (Attachment 2 ) At its April 15 , 2019 meeting , the NECCO Stormwater system funding approach was presented to the Council Finance Committee (CFC ) which supported going forward with this topic for Council consideration . (Attachment 3 ) PUBLIC OUTREACH Significant public outreach has been completed over the course of the NECCO planning and various capital projects since inception in 2008 to the present. Outreach has been focused on property owners in the vicinity of the NECCO infrastructure that can be served by the improvements , the North College Citizen 's Advisory Group , and the Urban Renewal Authority. Item # 11 Page 2 Packet Pg . 119 11 Agenda Item 11 ATTACHMENTS 1 . Pipe Schematic ( PDF ) 2 . Water Board minutes , February 21 , 2019 ( PDF ) 3 . Council Finance Committee minutes , April 15 , 2019 ( PDF ) Item # 11 Page 3 Packet Pg . 120 ATTACHMENT 1 11 . 1 w E 7 s C E WILLOX LN OU L4 E NE O T o FOFTTTT "rTA/< 3T U LA K a m w w m SITKAST Q m } Q F w F � C W W z C O F LL HICKORYST m z W d Q �O w O O � U O 111 I EWEED LN W z z z W I LFLOWER LN ~ ? rm m J O� LUPINE D 00 W LWUU F C MOUNTAIN Lj5;w m 61 ,O-_, HEMLOCKST a m O O Om� 0 R O m O e eo E CL oF S N EDECRIS e Op W 0 �O GARITA LN Q �Q y � PINON ST I- E SUNIGA RD Do 0000• O Q d Ioe I 'Q7 K O O OD �Q� U O u �7p I �J O Q LPINE ST ' � Re Qm Q�Q Q m WO � SCA TRUJILLO ST F m z z w z J RI Packet Pg. 121 ATTACHMENT 2 11 .2 MINUTES Fort Collins Boards 8, CITY OF FORT COLLINS • BOARDS AND COMMISSIONS commissions Excerpt from MINUTES - WATER BOARD REGULAR MEETING February 21 , 20191 5 : 30 p . m . 222 Laporte Avenue , Colorado River Community Room • Northeast College Corridor Outfall ( NECCO ) Stormwater Improvements (Attachments available upon request) Presentation Summary : Development Review Engineer Shane Boyle summarized milestones , next steps , and the proposed funding mechanism that um would allow Fort Collins Utilities to recoup $ 6 million of the $ 12 million project costs . Project purpose : provide a stormwater outfall for the area north of Vine a Drive and east of College Avenue to solve flooding problems and allow for o efficient development in the area . w z Cost share is based on proportional costs for areas draining to each section of NECCO system . Development and redevelopment pay proportionate share of 00 v costs when connecting into the system . City will stop allocating costs once development share of system has been collected . This agenda item will go to N Council Finance Committee in March and City Council in May . r N Discussion Summary : Board members commented on and inquired about various related topics including a ditch north of Vine Drive on the system M schematic ; the timing of Old Town North and Aspen development and whether LL they already bought in to the NECCO project ( Mr . Boyle replied yes , those developments paid $ 32 , 000/acre ) ; redevelopment ; the City' s share ; Ms . Connor explained regionalizing stormwater infrastructure ; Mr. Boyle stated the master E plan sizes infrastructure for existing conditions , not full build -out ; the CIO development The Crowne at Old Town North . 0 m L Chairperson Bovee moved that Water Board recommend City Council adopt 3: an ordinance approving , affirming and ratifying the funding of non -city share of the NECCO Project by offering developers of property within the NECCO area the opportunity to pay a proportionate buy- in to connect to the NECCO system in lieu of providing separate stormwater facilities to meet City development standards . Q Board Member Tarry seconded the motion . Vote on the motion : It passed unanimously, 10 -0 . 02 / 21 / 2019 — Excerpt from MINUTES Packet Pg . 122 ATTACP-1 M ce E I�Tdm 3 11 . 3 manmis ra ion City of 215 Mason 2nd Floor or PO Box 580 ■ Fort Collins, CO 80522 F6rt Collins 970.221 .6788 970 .221 .6782 fax fcgov. com Finance Committee Meeting Minutes 04/ 15/ 19 = 10 am - noon CIC Room - City HallLL m Council Attendees : Mayor Wade Troxell, Ross Cunniff, Ken Summers, Gerry Horak a O Staff: Darin Atteberry, Kelly DiMartino, Jeff Mihelich, Mike Beckstead , Kevin Gertig, Lance V Smith, Theresa Connor, Shane Boyle, Wendy Williams, Mike Calhoon , Kurt Friesen , Z Laurie Kadrich, Noelle Currell, Chad Crager, Kyle Lambrecht, Tim Kemp, Dean Klingner, Travis Storin , John Duval, Blaine Dunn , Ginny Sawyer, Tom Leeson, John Voss, Katie c Ricketts, Carolyn Koontz 00 on TM Others : Kevin Jones, Chamber of Commerce N L CL Meeting called to order at 10 : 04 am Q vi m Approval of Minutes from the March 181n, 1019 Council Finance Committee Meeting . Ross Cunniff moved for approval of the minutes . Ken Summers seconded the motion . Minutes were approved unanimously. � E m m A . Stormwater - Northeast College Corridor Outfall Cost Sharing ( NECCO ) Theresa Connor, Deputy Director, Utilities >_ Lance Smith , Utilities FP &A Director c0 m EXECUTIVE SUMMARY The Stormwater Utility proactively constructed an outfall to serve both existing developed and undeveloped ii land near Vine and Lemay . The Northeast College Corridor Outfall ( NECCO ) stormwater system (or NECCO system ) was designed to provide an adequate outfall for the area north of Vine Drive and east of College Avenue c in order to alleviate existing drainage problems and to facilitate development and redevelopment in the area . U The NECCO system is intended to provide a less expensive means of satisfying storm drainage for this area through economies of scale than individual landowners could provide separately. The purpose of this item is for >_ City Council to consider adopting the cost share concept whereby development and redevelopment draining into the NECCO system be allowed to pay their proportional cost share of the NECCO improvements if they Q choose to use the NECCO system in lieu of constructing separate stormwater facilities . GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Is the Council Finance Committee supportive of staff bringing forth an Ordinance formalizing the cost sharing opportunity associated with the NECCO system ? Packet Pg . 123 11 . 3 Fort Collins BACKGROUND/DISCUSSION Project History The Northeast College Corridor Outfall ( NECCO) Project was initiated in response to large development potential north of Vine Drive and east of College Avenue . In 2010 the North College Infrastructure Funding Plan ( Resolution 2010-023 ) was adopted by the City Council . At that time, there was no adequate stormwater outfall for this area of the City, which created a significant hinderance to development and redevelopment . There were also drainage problems in this area from existing development, mainly due to a lack of stormwater regulations when this area of the City originally developed . u_ In response to the development interest in the area, design was initiated on a stormwater system that would help mitigate existing drainage issues in the area , as well as provide an adequate stormwater outfall . The o NECCO design was managed by the City' s Stormwater Engineering group and was completed in 2009 . a Appropriations were made through the 2015 - 16 Budgeting For Outcomes ( BFO ) process and further OU appropriations were made in the 2017-2018 BFO cycle . Construction of the " backbone" storm sewer system w occurred in 2016-2017 and the regional pond was constructed in 2018 . Other portions of the NECCO system z have been completed by development, which were funded partially through the Developer Repay program and co partially through the NECCO buy- in paid by the development . Another section of the system is under design and 00 will be constructed as part of Planning, Development and Transportation ' s Suniga Road capital project . 0 TOM Cost Share Concept N L At the time of development, a Developer can choose whether to tie into the NECCO system in order to receive the benefits of the system . If the Developer chooses to connect to NECCO, they pay a proportionate share of Q the NECCO system cost, as described below. If a Developer chooses not to connect to the NECCO system, then Q they are required to meet typical stormwater requirements without the benefit of NECCO . Since the NECCO proportionate cost for a development only covers their share of the NECCO stormwater system which serves as a gateway to the City' s stormwater infrastructure, all properties still pay the standard Stormwater plant E investment fees ( PIFs ) in addition to their share of the NECCO cost . E In allocating the costs for the NECCO improvements, the impacted area was analyzed to determine which E portion of the area was developed and which portion of the area was undeveloped . To define proportionate �j cost shares, the NECCO system was broken down into individual project components and the cost of each component was divided among the area benefitting from that component ( e .g . only those areas receiving a benefit from the regional pond pay for the regional pond ) . Based on the analyses, it was determined that the ii City' s share of the NECCO system would be approximately 49% and the appropriate developer share of the Project would be approximately 51% . 0 U To date, the City has been constructing improvements and is being re- paid for a pro- rata share of costs for the "developer share" of the Project as development occurs through development and/or repay agreements . The E City will stop collecting allocated costs once development' s appropriate share of NECCO improvements has been satisfied . Current costs are based on a combination of estimated future and actual construction costs . The cost for a developer to buy into the NECCO system will be updated to reflect actual construction costs as Q improvements are constructed . Although the NECCO project has a long history and is partially constructed, the purpose of the proposed ordinance is to formalize the allocation of costs between the City and benefitted development, and the 2 Packet Pg . 124 11 . 3 Fort Collins allocation of the developer share of improvement costs among benefitted properties as they develop or redevelop . Proiect Costs Attachment 1 - NECCO Cost Breakdown Analysis shows the total estimated cost of the NECCO system to be $ 13 . 9M of which development' s share is 51 . 5% or $ 7 . 2M and the City' s share is 48 . 5% or $6 . 8M . To date, $ 7 . 6M of improvements have been completed and $875K has been received by development buying into the NECCO 0 system . As development and redevelopment continues in this area it is expected that the full $7 . 2M of the c developer share of these improvements will be received into the Stormwater Enterprise . LIL Public Outreach 'o Significant public outreach has been completed over the course of the NECCO planning and various capital a projects, beginning in 2008 through February of 2019 . Outreach has been focused on property owners in the 0 vicinity of the NECCO infrastructure that can be served by the improvements, the North College Citizen' s w Advisory Group, and the Urban Renewal Authority . z TMM co DISCUSSION / NEXT STEPS 00 City of N Fort Collins -`� - . . Allocations L L Cost Allocations Q Pipe Network Outfall From r/1 Into Regional Regional Redwood Pond Regional Pond 4; Pond Detention Pond and Outfall to Vine Dr Map Area Cost Cost Cost Cost Developer City Cost Color lncrasi Share Share Share Share Share Share peracre iE PINK GROUP 75. 7 S 1 . 823 . 175 $ 71 . 817 $ S 680 . 620 S 2. 575. 612 $ 34. BLUE GROUP 68 .4 S 1 . 040 ,438 $ 879 .443 $ $ 614. 986 S 2 .534. 867 S 37. +� YELLOW GROUP 228 . 6 $ S $ $ 2 , 055. 346 S 2 .055. 346 S 8. ORANGE GROUP 118 .6 S 2 , 856,387 $ 809 . 791 $ $ 1 , 066. 335 $ 4. 732 . 513 $ 39. E GREEN GROUP 118 .2 $ $ - $ 620 .000 $ 19062. 738 $ 1 , 682.738 S 14. 0 GOLD GROUP 37. 8 $ $ - $ $ 339. 860 $ 339.860 S 8 . U Totals $ 5, 720,000 $ 1 ,761 ,051 $ 620 . 000 $ 5 . 819 . 885 $ 7, 165.825 S 6. 755 . 111 51 . 5010 48 . 5 Note : Developer share based on undeveloped parcels sharing in cost of the stormwater system City share based on existing development where City is contributing to solve existing infrastructure and flooding problems um U • Cost share based on proportional costs for areas draining to each section of NECCO system . 0 • Development / redevelopment pay proportionate share of costs when utilizing the NECCO system . 0on c • City will stop allocating costs once Development Share of system has been collected . E U to Q Mayor Troxell ; Please talk about what you have proposed in the context of URA as there was no mention of URA . 3 Packet Pg . 125 11 . 3 Fort Collins Theresa Connor; this was developed before the URA - they did contribute to some land cost for the pond as part of this project . In context with other projects, this wraps up the cost share portion of NECCO and formalizes with Council approval how we cost share with the private sector . For all of the undeveloped properties - it provides at least a portion of the stormwater system — regional pond will provide detention and water quality treatment . Before NECCO all of the properties had to build their own stormwater outfall systems . c Darin Atteberry; do property owners need to notify us of an opt in now or can they do that at any UM time ? m 0 Theresa Connor; they can do that at any time a O U Darin Atteberry; so, this is just away for us to recapture some of our expense v w Is the opt in price equal to the marginal increase in additional capacity? z m T Lance Smith ; the costs are allocated depending on which portions of the system improvements you are 00 benefitting from and how much of that capacity you are using . 0 LO Darin Atteberry; so, we are building the whole system - regardless of opt in TOM L C. Theresa Connor; if they don 't opt in , they will have to build their own outfall - so it is voluntary but Q would be cost prohibitive -we have worked together collaborative to date - it is an attractive offer and we think they will opt in . c E a� Ken Summers; I am in support but have a few questions . Do we want to give them an option ? Is that really in our best interest ? E Does it even make sense to offer an option ? Based on that, we are looking at a recommendation to 0 codify existing practices . I assume those who have participated feel this is fair, cost effective and adequate . Do we really want parallel systems ? ii Theresa Connor; NECCO System Schematic; the area in red already constructed - blue laterals - thought development agreements - we may work with PDT when they do Vine/ Lemay - this area will develop as developers or other opportunity come to us . v c Darin Atteberry; where does the pond drain out ? E M U M Shane Boyle ; It does drain - off of Redwood - drains due east into Lemay and is pumped into the A4 Q lateral - working to fix the A4 lateral and that is gravity Ross Cunniff; with the cost sharing - the public benefits regardless of benefit to developers to pay less money . Can you go over public benefits ? Darin Atteberry; is the stormwater rate payer paying for the oversizing ? 4 Packet Pg . 126 11 . 3 Fort Collins ACTION ITEM : Theresa Connor; Majority of benefit are to existing owners - 49% and 51 % between existing rate payers and future development Ross Cunniff; add that to the Council presentation - front and center Lance Smith ; we do have some exposure if the development decided to do this themselves, the rate payers would be impacted - to date we have recovered about $ 1M of the $ 7M u` as 0 Theresa Connor; they would have to construct their own outfall — the cost of that directs them a toward NECCO project - for our citizens this is very cost effective per acre . Partnership is good . 0 U U W Mayor Troxell , Ross Cunniff and Ken Summers support going forward with this topic to the full Council . z TMM co B . Vine/ Lemay TCEF Funding 00 Chad Crager, City Engineer TOM 0 N SUBJECT FOR DISCUSSION TOM Financing alternatives for the Lemay Avenue realignment project from Lincoln Avenue to Conifer Street . The Q project also includes a new intersection of Lemay Avenue and Suniga Road, the extension of Buckingham Street, Q and a grade separated crossing of the Burlington Northern Santa Fe ( BNSF ) Railway. vi m EXECUTIVE SUMMARY E The purpose of this item is to present and discuss potential financing alternatives for this high priority transportation capital improvement project . Staff has recently completed the plans for the 50% design, a majority of the right-of-way ( ROW ) acquisitions, and construction of the Phase One roadway embankment in E E collaboration with the Utilities Department . The total current project ( design, right-of-way, and construction ) 0 U cost is estimated at $ 23 . 5M . a) �a Current project funding includes : The Budgeting for Outcomes ( BFO ) process, the City' s Transportation Capital iz Expansion Fee (TCEF ) Reserves, and Developer contributions for Local Street obligations . To date, $ 3 . 7 M has —U been appropriated to Phase One of the project and all funds have been expended . Phase Two would be a $9 . 1 = M appropriation from TCEF reserves . The Phase Three funding needed for the project is $ 10 . 5 M ( in 2019 C U dollars ) . a� GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Staff is seeking direction regarding an appropriation of the TCEF reserves . Completion of Phase II will allow staff to further refine the proposed construction schedule and stay on track for a project opening date in the next Q budget cycle . Questions for the Council Finance Committee : Does the Council Finance Committee support a Summer 2019 appropriation of the TCEF reserves in the amount of $9 . 1M for Phase Two funding? 5 Packet Pg . 127 ORDINANCE NO . 076, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING, AFFIRMING AND RATIFYING FUNDING OF THE NON-CITY SHARE OF THE NECCO PROJECT BY OFFERING TO OWNERS AND DEVELOPERS OF PROPERTY WITHIN THE NECCO AREA A PROPORTIONATE BUY-IN TO CONNECT TO THE NECCO PROJECT WHEREAS , on June 1 , 2004, City Council adopted Ordinance No . 057, 2004, adopting updated Master Drainage Plans for the City, including the Dry Creek Master Plan, December 2002 , which identified stormwater drainage improvement projects within the basin; and WHEREAS , on December 21 , 2004, City Council adopted Resolution 2004 - 151 finding the area in and around North College Avenue described therein (the "North College Area") to be blighted and Resolution 2004- 152 approving the North College Avenue Urban Renewal Plan to facilitate elimination and prevention of such blight and promote the redevelopment, conservation, and rehabilitation of the North College Area under the governance of the Urban Renewal Authority ("URA"), all in accordance with the Colorado Urban Renewal Law (CRS Section 31 -25 - 1010, et seq. ) ; and WHEREAS , the City designed and constructed the Dry Creek Drainage Improvements (consisting of the Douglas Dam fuseplug, Flood Control Basins I and 2, improvements to the Larimer and Weld Canal, a SCADA system at the Larimer and Weld Canal headgate motors , and the East Vine Diversion channel) to reduce and mitigate flooding risks in the drainage basin; and WHEREAS, on June 17 , 2008 , the Federal Emergency Management Agency (FEMA) adopted a new, reduced 100-year Dry Creek floodplain in conjunction with a Physical Map Revision that identified reduction of flooding risk because of the Dry Creek Drainage Improvements ; and WHEREAS , the Dry Creek Master Plan, December 2002 did not identify stormwater improvements for the North College Area, a portion of which came to be referred to as the Northeast College Corridor Outfall ("NECCO") project; and WHEREAS , the North College Drainage Improvement Design Report, February 2006 (Ayres Associates), identified master planned regional stormwater improvements serving the North College Area and the NECCO area; and WHEREAS , on March 20, 20071 City Council adopted Resolution 2007 -032 adopting the updated North College Corridor Plan as an element of the City' s Comprehensive Plan, recognizing resolution of Dry Creek flooding issues in the North College Area by completion of a system of upstream facilities over multiple years, citing lack of adequate drainage as the primary obstacle to creation of the desired street patterns and development within the Area and including regional detention ponds to eliminate the need for on-site detention in individual (re)development projects and provide a simple and efficient stormwater solution; and - 1 - Packet Pg . 128 WHEREAS , in response to a proposed development in 2009 , which was not subsequently completed, Stormwater Utility staff completed engineering plans for construction of the NECCO project as a unified regional stormwater system for an area east of College Avenue to Lemay Avenue and South of Willox Avenue to East Vine Drive, including a regional detention pond west of Redwood Drive, (the "NECCO Area") generally depicted on attached Exhibit "A," which is incorporated by this reference, and an outfall pipe connecting the pond to the East Vine Drive Diversion channel east of Lemay Avenue (collectively, the "NECCO Project") and WHEREAS , on May 4, 2010, City Council adopted Resolution 2010 -023 approving the North College Infrastructure Funding Plan as a framework for coordinating work efforts and decision-making related to a prioritized list of infrastructure projects needed in the North College Area, including the NECCO Project; and WHEREAS , the City Stormwater Utility purchased the real property for the NECCO regional pond in June 2010 ; and WHEREAS , City Council subsequently approved a loan in the amount of $326,472 from the Stormwater Utility to the URA (Resolution 2011 -032) and appropriated the funds for that loan (Ordinance No . 061 , 2011 ) for the URA ' s contribution to the cost of acquiring the NECCO pond site to facilitate regionalized stormwater control in the NECCO Area, facilitate redevelopment and improve watershed health impacted by uncontrolled runoff from the Area; and WHEREAS, based on an analysis of the existing drainage issues and regional stormwater needs, the existing state of development within the area (developed v. undeveloped), the future development/redevelopment stormwater needs in the NECCO Area and an analysis of the benefit to the properties available for development/redevelopment, Utility Stormwater staff developed a system of allocating the estimated costs of the NECCO Project to be borne by the City (49% of the total estimated cost, referred to as the "City Share") and by the properties available for new development (and redevelopment) within the NECCO Area (51 % of the total estimated costs, referred to as the "Non-City Share") ; and WHEREAS , the cost of each individual component of the NECCO Project included in the Non-City Share was further allocated among the areas benefitting from that component (for example, the Non-City Share of the cost of the regional pond is allocated among property within the NECCO Area based on the benefit received from the regional pond) , as shown on the map of the NECCO Area attached as Exhibit "A," to calculate the "Development Proportionate Buy-In" ; and WHEREAS , the methodology for calculating the Development Proportionate Buy-In for benefitted properties is generally illustrated on Exhibit "B" attached hereto (although dollars shown are estimates in some cases and are not intended to be fixed) ; and WHEREAS , in the 2013 -2014 budget cycle, Council ' s approved budget included funding of $ 1 . 1M for the NECCO Regional Pond (BFO Offer 202 .2 NECCO); and -2- Packet Pg . 129 WHEREAS , on November 21 , 2013 , the City entered into a Development Agreement with Breckenridge Group Fort Collins Colorado, LLC for the Aspen Heights project pursuant to which the Developer constructed certain off-site stormwater improvements that are part of the NECCO Project at a total cost $ 1 ,021 ,030 and the City agreed to repay the developer for that portion of the regional improvements in excess of the development ' s agreed upon portion of costs ($372, 569), up to a maximum repayment of $648 ,461 ; and WHEREAS, in the 2015 -2016 budget cycle, Council ' s approved budget included funding of $ . 5M - $2 . 5M in 2015 and $2 . 5M in 2016 for the NECCO Project (2015 -2016 BFO — Offer 71 . 2 Utilities Capital Project: Stormwater NECCO Improvements (phase 2)) ; and WHEREAS, in the 2017-2018 budget cycle, Council ' s approved budget included funding of $3 . 3M - $ 1 . 6M in 2017 and $ 1 . 7M in 2018 for the NECCO Project (2017 -2018 BFO Offer 8 .21 Capital Project — Utilities : Stormwater Phase 3 ) ; and WHEREAS, it is anticipated the remainder of the NECCO Improvements will be funded by a combination of City Capital Improvement Projects and Development Proportionate Buy-In; and WHEREAS, the City and Sasick Properties (doing business as Raw Urth) entered into a Development Agreement dated March 24, 2016, pursuant to which the developer agreed to pay a Development Proportional Buy-In of $26,047 for development of its property within the NECCO Area; and WHEREAS , the City and Crowne at Old Towne North entered into a Development Agreement dated April 4, 2018 , pursuant to which the developer constructed a portion of the NECCO Improvements and the City agreed to reimburse the developer in an amount not to exceed $298,339 for the City' s Share of such Improvements, with the unreimbursed cost being the agreed upon Development Proportional Buy-In in exchange for its right to connect its property to the NECCO Project; and WHEREAS , the City and OTN FC, LLC (Old Town North Third) entered into a Development Agreement dated April 11 , 2018 , pursuant to which the developer agreed to pay its applicable Development Proportionate Buy-In, to be allocated to and paid with building permit fees for each lot in the development in exchange for its right to connect its property to the NECCO Project; and WHEREAS, City stormwater utility staff continues to offer (re)developments of property in the NECCO Area the opportunity to pay its Development Proportionate Buy-In in order to connect to the NECCO Project in lieu of providing separate stormwater facilities to meet City development standards ; and WHEREAS, the City Stormwater Utility desires to formalize the arrangement to offer (re)development in the NECCO Area Development Proportionate Buy-In moving forward and recommends that Council formally approve, affirm and ratify this approach to funding the Non- City Share of the NECCO Project estimated costs of 51 % ($6 ,445 , 155 ) , which portion is -3 - Packet Pg . 130 available to serve the stormwater needs of private development/redevelopment within the NECCO Area that may otherwise be required to provide private stormwater facilities on site to meet City development standards . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2 . That the City Council hereby approves, affirms and ratifies funding the Non-City Share of the NECCO Project by offering to owners and developers of property within the NECCO Area the opportunity to pay its Development Proportionate Buy-In in order to connect to the NECCO Project in lieu of providing separate stormwater facilities to meet City development standards; and Section 3 . That the City Council hereby authorizes the City Manager or his designee to enter into development agreements with and as requested by developers and owners of property within the NECCO Area that include payment of a Development Proportionate Buy-In calculated in accordance with the methodology generally illustrated on Exhibit `B" attached hereto as a condition to connecting to and utilizing the NECCO PROJECT to serve such property, in lieu of providing private stormwater facilities to meet City development standards . Introduced, considered favorably on first reading, and ordered published this 4th day of June, A.D . 2019, and to be presented for final passage on the 2nd day of July, A.D . 2019 . Mayor Pro Tem ATTEST : City Clerk Passed and adopted on final reading on the 2nd day of July, A.D . 2019 . Mayor ATTEST : City Clerk -4- Packet Pg . 131 WE Vw d IF `iL� 41UJIIVA&4 W. i 'P4 '!EI1 r' ® Larimer Weld Canal o, O , Hickory n ® ® ® kL CY re Lu ® 1 V 4 Conifer F: .• ` Conifer ® e { { ® � x FUTURE DETENTION AND WATER QUALI W :QUIREMENT, G' LEGEND © V e LIRMMOE YC911 NE 51 W MIOYM�➢ e . . - InE MFEI➢lgI ' /j ❑1S) ylgry MYlfR e[ U E VNILVOMIIY ➢ . ,�. r\ , - ' S u n i g a ® 4YW 11NS.I,IUIF31 MIA ^ DIEOLO I\M REWI[ FU\lNE SM (N 41E Pt III NV IE OMYIE I - m1EMI {'/N ,y IkP IN11 �.i0 - . • • E 1°•h°• pIMEII• MIEAfERE\E VMII }L rm a • ••h.. oO A.wv. WNI �I M s /J MIATICI YIgN11 q MMY1 11111 7/ryN1I /1 -, l • ® f ® ® ® 1f1 L1I,11NfE %V%It" ➢ ■ IN1V IIWIIY tKH1pPED \W ICP pIMUIY 1'Ntn xw IIV • � PMtN11EUIM 114(1W MMt • , _ . ' - .. • ® IMHJWGE IMO M - t MITI MMEI - �i ® Pl filOMll`(rfIWL01\ IOI MLMMV IV\INEMIIM/W[YI M4 IIIIINI' M1111M � ® ® YMIkY UWIIE plNy Ykll Y t 1 r� Vine Drive " " °' W""' "'"'N VMIEP UW IIY 1LLQNCDII MEC1W CNM NtD .-. t f �. , � I ■ LRPfAI[N V461 N10 IpA"OCIATE6 EXHIBIT B NECCO Cost Breakdown Analysis By: sB Date : 1/23/2011 (Updated 5-17-2018 to reflect actual costs for backbone and regional pond) Contributing Total Area Contributing Areas NECCOImprovement Cost acres) (map color Pipe Network Into Regional Pond $5,721 ,600 237.5 Pink, Orange, Red, Blue (Except Basins 126, 127, 526) Includes all areas that are conveyed to the regional pond via the proposed pipe network. Regional Detention Pond $1 ,310,000 187.0 Includes all areas that are served by the regional pond, including water quality capture volume (See subsets below for pond volume). WQ Volume (acre-ft) 10.44 Pink (Except Basin 102), Orange, Red, Blue Water quality volume subset. Detention Volume (acre-ft) 30.02 Orange, Blue Detention volume subset. Redwood Pond and Outfall $621 ,450 118.2 Green Includes all areas served by the Redwood detention pond and associated outfall. Outfall From Regional Pond to Vine Drive $4,990,000 647.3 All Includes all basins tributary to the project. Total Project Cost = $12,643,050 Pipe Network Into Regional Pond Regional Detention Pond Redwood Pond and Outfall Outfall From Regional Pond to Vine Dr Map Area Basin Allocated Basin WQ+Det WQ+Det Detention Allocated Basin Allocated Basin Allocated Total Cost Color Basin (acres) Contribution? Areal % Cost Contribution? Vol (ac-ft) Vol % Areal % Cost Contribution? Areal % Cost Contribution? Areal % Cost Cost per acre G PINK GROUP SUMMARY 75.7 Yes 31 .87% $198239685 Yes 1 .65 4.08% 0.00% $53,423 No 0.00% $0 Yes 11 .69% $583,567 $294609675 $32506 W ORANGE GROUP SUMMARY 118.6 Yes 49.94% $2,8579186 Yes 18.60 45.98% 63.42% $602,383 No 0.00% $0 Yes 18.32% $914,281 $4,3739850 $36:879 0 BLUE GROUP SUMMARY 68.4 Yes 18.19% $1 ,0409729 Yes 20.21 49.94% 36.58% $654,194 No 0.00% $0 Yes 10.57% $527,292 $2,2229215 $32,489 c GREEN GROUP SUMMARY 118.2 No 0.00% $0 No 0 0.00% 0.00% $0 Yes 100.00% $621 ,450 Yes 18.26% $911 ,197 $1 ,5321647 $12,967 c YELLOW GROUP SUMMARY 228.6 No 0.00% $0 No 0 0.00% 0.00% $0 No 0.00% $0 Yes 35.32% $1 ,762,265 $1 ,7621265 $7,709 GOLD GROUP SUMMARY 37.8 No 0.00% $0 1 No 0.00% 0.00% $0 1 No 0.00% $0 1 Yes 5.84% $291 ,398 1 $291 ,398 $75709 LL Totals 100.00% $53721 ,600 100.00% 100.00% $19310,000 100.00% $621 ,450 100.00% $47990,000 $121643,050 y 'o IL O U U w z NOTE: dollars may be estimates for improvements not completed at any point in time and are subject to adjustment. rn o 0 0] 'n L x w ;.o e a E r u R Q Packet Pg. 133 Agenda Item 12 AGENDA ITEM SUMMARY June 4 , 2019 City Council WITHDRAWN FROM CONSIDERATION STAFF Noah Beals , Senior City Planner/Zoning Brad Yatabe , Legal SUBJECT Items Relating to Various Amendments to the City of Fort Collins Land Use Code . EXECUTIVE SUMMARY A. First Reading of Ordinance No . 077 , 2019 , Making Various Amendments to the City of Fort Collins Land Use Code . B . First Reading of Ordinance No . 078 , 2019 , Amending the City of Fort Collins Land Use Code Regarding Community Development and Neighborhood Services Director Variances to Certain Land Use Code Standards The purpose of this item is to adopt a variety of revisions , clarifications and additions to the Land Use Code that are generally routine in nature that have been identified since the last update in February 2019 . The proposed change to allow the Community Development and Neighborhood Services Director to process certain variances is presented as a separate ordinance because the change is not necessarily routine in nature and would allow the Director to process certain variances currently reviewed by the Zoning Board of Appeals . STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading . BACKGROUND / DISCUSSION The Land Use Code was first adopted in March 1997 . Subsequent revisions have been recommended on a regular basis to make changes , additions , deletions and clarifications . While most revisions are bundled and adopted on an annual basis , other changes may occur as needed so the Land Use Code retains maximum effectiveness . The proposed changes are offered to resolve implementation issues and to continuously improve both the overall quality and user friendliness of the Code . Additional details regarding the changes are contained in the attachments to this Agenda Item Summary. The proposed change to allow the Community Development and Neighborhood Services Director to process certain variances is presented as a separate ordinance because the change is not necessarily routine in nature and would allow the Director to process certain variances currently reviewed by the Zoning Board of Appeals . The variances the Director would review would be limited to the following : ( 1 ) Setback encroachment of up to ten ( 10) percent . (2 ) Fence height increase of up to one ( 1 ) foot. (3 ) In the N -C-L , N -C-M , and N -C-B zone districts , the allowable floor area in the rear half of the lot increase of up to ten ( 10 ) percent, provided the increase does not exceed the allowable floor area for the entire lot. Item # 12 Page 1 Agenda Item 12 (4 ) Building height increase of up to one ( 1 ) foot. BOARD / COMMISSION RECOMMENDATION At its May 16 , 2019 , regular hearing , the Planning and Zoning Board unanimously adopted staff recommendation that City Council approve the revisions . Additionally, at its May 9 , 2019 , regular meeting , the Zoning Board of Appeals unanimously recommended to City Council approval of the revision to allow the Community Development and Neighborhood Services Director to process certain variances . PUBLIC OUTREACH The proposed changes were listed on "This Week in Development Review, " a weekly online notice that is posted on the Planning Department's website and sent to approximately 435 subscribers . ATTACHMENTS 1 . List of Issues ( PDF) 2 . Description of Issues ( PDF) 3 . Ordinance Index of Issues ( PDF ) 4 . Planning and Zoning Board minutes , May 16 , 2019 (draft) ( PDF) 5 . Zoning Board of Appeals minutes , May 9 , 2019 (draft) ( PDF) Item # 12 Page 2 ATTACHMENT 1 12 . 1 Land Use Code Issues Thursday, May 09, 2019 Page 1 of 2 Issue ID# Issue Name 1046 Placeholder for Reports and Ordinance formatting. 1093 Amend 3 .2 . 1 (A - N) - Tree Protection and Replacement - to update, revise and add new provisions for a variety of aspects related to Landscape Plans with the primary focus on trees. 1094 Amend 3 .3 .2(E)( 1 )(e) — Required Improvements Prior to Issuance of Certificate of Occupancy — to delete a list of specific stormwater implementation techniques and replace with a reference to the Development Review Checklist. 1095 Amend 3 .3 . 5 — Engineering Design Standards — to add Broadband / Fiber Optic to the list of utilities and services for which compliance with requirements and specifications must be achieved. O 1096 Amend 3 .5 .2(D) to establish 150 feet as the maximum distance between the staging area for emergency responders and access into individual single family attached dwelling units y 1098 Amend 3 . 8 . 17(A)(2)(b) - Building Height - Measuring Building Height - to correct a discrepancy and delete the 0 U ability of a residential structure to use the 25 -feet from floor-to-floor allowance y 1099 Amend 4 .4(B)(3)(d) - R-L Permitted Use List - to add Wireless Telecommunications Facility as a Type Two accessory use but restricted to non-residential properties such as Places of Worship or Assembly, and only if stealth. J 00 1100 Amend 4.22(B)(2)(c) 28 . — C-S, Service Commercial zone district — Type One Permitted Use List — to delete c Enclosed Mini-Storage Facilities if located at least 200 feet from N. College Avenue portion of the C-S zone. 00 ., N 1101 Amend 3 . 1 . 1 Article Three - General Provisions - Applicability - to clarify applicability to single family on platted lots. y 1102 Amend 5 . 1 .2 - Definition of a Neighborhood Center - to match the description of a Neighborhood Center as O stated in the LMN development standards - 4. 5 (D)(3 ) - for consistency. J 1103 Amend 2. 1 .2(C) - Overview of Development Review Procedures - to add references to Basic Development Review and make other minor edits. m E 1106 Amend 3 .2 . 1 (K)(2) - Utilities and Traffic - to increase the distance between street trees and traffic control signs U from 20 to 50 feet. Q 1107 Amend 2 . 18 .3(G) - Step 7(D) - Basic Development Review - Decision and Findings - to provide written notice, including appeal information, to abutting property owners regarding a BDR decision. 1109 Amend 3 .2 .4 - Lighting - to add that light fixtures must not exceed correlated color temperature of 3 ,000 degrees Kelvin and make minor edits based on new lighting technology. 1110 Amend 3 .4 . 1 (E)( 1 ) - Natural Habitats and Features - 3 .4 . 1 (E)( 1 )(c) - Buffer Zone Performance Standards - to clarify the scope of the buffer zone and emphasize that non-native trees & vegetation must be evaluated in the ECS for potential ecological value. 1111 Amend 3 .4 . 1 (D)(1 )(e) - Ecological Characterization Study - to clarify that non-native trees & vegetation be evaluated for potential habitat value even though certain species would not meet the mitigation criteria under Tree Protection in 3 .2. 1 . 1113 Amend 4 .7(D)(E)(F) - N-C-L Land Use Standards, Dimensional Standards and Development Standards - to revise floor area metrics, clarify the height of carriage houses, add dormer standards and clarify eave height. Packet Pg . 136 12 . 1 Thursday, May 09, 2019 Page 2 of 2 Issue ID# Issue Name 1115 Amend 4 . 8(D)(E)(F) - N-C-M Land Use Standards, Dimensional Standards and Development Standards - to revise floor area metrics, clarify height of carriage houses, add dormer standards and clarify eave height. 1116 Amend 4 .9(D)(E) - N-C-B Land Use Standards and Dimensional Standards to revise floor area metrics, clarify height of carriage houses, add dormer standards, and clarify eave height. 1117 Amend 2 .2 . 12 - Common Development Review Procedures - Step 12 : Appeals / Alternate - to add a new reference to Section 2 . 18 - Basic Development Review since the BDR process has become more formalized. O m m O U a> N D fQ J O O W N N 7 N N O N J C N E L v f4 r Q Packet Pg . 137 ATTACHMENT 2 12 '2 Land Use Code Maintenance Process Annotated Issue List 1046 Placeholder for Formatting Reports and Ordinance Problem Statement N.A. Proposed Solution Overview N.A. -- Related Code Revisions p Ord. Section Code Cite Revision Effect N d 1 N .A . N .A. N O tU 1093 d Amend 3.2. 1 (A - N) - Tree Protection and Replacement - to update, revise and add new provisions for a variety of aspects related to Landscape Plans with the primary focus on trees. �a J Problem Statement 00 This section covers all aspects of landscaping and has not been updated since initial c adoption. There have been many changes over the years to best practices for landscaping 00 design, installation, and mitigation. Issues related to mitigation for the Emerald Ash Borer, payment in lieu, tree cut-outs, tree protection and critical root zone are now 3 addressed. vi Proposed Solution Overview O The propose solution is a comprehensive update of the Landscaping section. o Related Code Revisions Q- .` Ord. Section Code Cite Revision Effect N d 6 3.2 . 1 Comprehensive update of the Landscaping section of the Code. C d E 1094 Amend 3.3.2(E)(1)(e) — Required Improvements Prior to Issuance of Certificate of Occupancy U — to delete a list of specific stormwater implementation techniques and replace with a Q reference to the Development Review Checklist. Problem Statement The problem is that the current Code explicitly details all the Stormwater features to be inspected with their inspections being at the point of installation. Adding new features, or points of inspection, would require a Code change. Instead, the proposed language will simply require inspections of specific private improvements and features at certain points of installation as called out in the Development Certification Checklist required to be submitted to Water Utilities Engineering. Any changes could then efficiently be made on the Development Certification Checklist as they arise. Packet Pg . 338 Proposed Solution Overview The proposed solution is to delete the specific references to porous pavers, bioretention cells, rain gardens, sand filters, extended detention basins and underground treatment and replace with a broad reference to the Development Certification Checklist. Related Code Revisions Ord. Section Code Cite Revision EfLect 9 3.3.2(E)(1 )(e) Replaces detailed list of improvements with a checklist. 1095 Amend 3.3.5 — Engineering Design Standards — to add Broadband / Fiber Optic to the list of utilities and services for which compliance with requirements and specifications must be achieved. Problem Statement The list of utilities and services for which compliance must be achieved does not include City' s newest utility - Broadband / Fiber Optic . 4 Proposed Solution Overview d Add Broadband / d Fiber Optic to the list. O U Related Code Revisions Ord. Section Code Cite Revision Effect M Mo C 10 3.3.5 Adds Broadband and Fiber Optic to J the list. 00 r O O N d 3 O N w O C O r� Q .` U N d C r-� C d E M U Q Packet Pg . 339 12.2 1096 Amend 3.5.2(D) to establish 150 feet as the maximum distance between the staging area for emergency responders and access into individual single family attached dwelling units Problem Statement A relatively recent development trend is to orient single family attached dwellings such that they do not front on public streets, private streets, or street-like private drives. Instead, these dwellings front on connecting walkways or major walkway spines and face common area open space often referred to as greenbelts, or greenways, or green courts. This results in the back of units facing a private alley and consisting only of the garage with no direct doors into the individual unit. Consequently, emergency responders and their equipment can only gain access to these dwellings and stage their equipment from these private alleys at the rear of the units. But in order to get into the unit, emergency c responders must go around three sides of the building to the N front. Such arrangements also require alleys to be named and that addresses be posted in the back. d The standard requirement for building perimeter access for 0 fire fighting in the Fire Code for the Poudre Fire Authority is 150 feet as measured from the designated fire lane around the building. While this standard is adequate for addressing the physical building perimeter, and may be slightly increased if M there is an automatic fire sprinkler systems, it is silent with J regard to doors that provide access into individual units for 00 medical emergencies. 0 Proposed Solution Overview 0 The proposed solution is to add a requirement that at least 3 one door provide direct access for emergency responders into an y individual single family attached unit and not be greater than 150 0 feet from where emergency responders and their equipment can rm 0 stage and this access cannot be through the garage. Related Code a Revisions 'c U Ord. Section Code Cite Revision Effect y C 13 3.5.2(D)(3) Requires at least one door into d single family attached dwellings be E within 150 feet of emergency access U staging area. 1098 Amend 3.8.17(A)(2)(b) - Building Height - Measuring Building Height - to correct a Q discrepancy and delete the ability of a residential structure to use the 25-feet from floor-to floor allowance Problem Statement This section allows the height of a residential structure to measured as a maximum of 25 feet from floor-to-floor. This standard contains two references : commercial and residential. The reference to residential was inadvertently not deleted at the time a newer standard was adopted which calls for the maximum vertical height of 12 feet, eight inches, for each residential story, which is now the prevailing standard. The two standards are in conflict. Also, at this time, adding a reference to industrial would provide further Packet Pg . 440 12.2 explanation as industrial buildings are more likely to rely on greater distances between floors than commercial buildings such as offices, hotels, retail stores and the like. Proposed Solution Overview The proposed solution is to delete the reference to residential in the standard that allows commercial buildings to have a maximum height of 25 feet from floor-to-floor and add a reference to industrial buildings. Related Code Revisions Ord. Section Code Cite Revision Effect 14 3.8. 17(A)(2)(b) Deletes the reference to residential , adds industrial to measuring maximum building height. 1099 Amend 4.4(13)(3)(d) - R-L Permitted Use List - to add Wireless Telecommunications Facility as a Type Two accessory use but restricted to non-residential properties such as Places of Worship or Assembly, and only if stealth. Problem Statement o_ The creation of private sector wireless communication networks has evolved since the N adoption of the federal Wireless Telecommunication Act of 1996 . As originally implemented, monopoles, ranging in height from 40 to 100 feet, were deemed adequate to d provide coverage over a specified geographic area. Now, with new technologies, and a c higher concentration of users in urban areas, providers are building networks that use a V combination of facilities (pole-mounted antennas) and equipment (building-mounted antennas) that are at lower heights but more frequently dispersed. M c �a Recently staff has processed two Requests for Additions of Permitted Use to allow Wireless Telecommunications Facilities in the R-L zone. Both were located on 00 nonresidential properties, mitigated by stealth installation and both were approved. With 0 large areas of the City zoned R-L, and with the demand by consumers for coverage and market response to provide coverage, allowing Facilities in the R-L would be appropriate but restricted to non-residential properties. As mitigation, installations using stealth techniques, such as church steeples, bell towers or silos would be required. y q p q Proposed Solution Overview = The proposed solution is to add Wireless Telecommunications Facilities as a Type Two a permitted accessory use in the R-L zone with standards restricting installations to •c nonresidential properties and using stealth technology as visual mitigation. Related Code Revisions Ord. Section Code Cite Revision Effect C d 15 4.4(B)(3) Adds Wireless Telecommunications Facilities as a Type 2 E Accessory Use in R-L. U 16 4.4(D )(4) Adds standards for W.T. F. in R-L. Q 1100 Amend 4.22(B)(2)(c) 28. — C-S, Service Commercial zone district — Type One Permitted Use List — to delete Enclosed Mini-Storage Facilities if located at least 200 feet from N. College Avenue portion of the C-S zone. Problem Statement Storage units are a land use that is contrary to the vision for urban evolution of synergistic uses in the C-S-zoned portions of the North College Avenue corridor. The vision is explained in the adopted North College Corridor Plan. An Urban Renewal Plan, Market Analysis, and an Infrastructure Funding Plan are also in place to help implement the vision. Packet Pg . 441 12.2 The City and its Urban Renewal Authority (URA) Citizen Advisory Group (CAG) continually seek solutions to remedy problems of past ad hoc subdivision of land when the area was the outskirts of town along US Highway 287 . Examples of such problems are defective and inadequate street layout and faulty lot layout in relation to accessibility, utility infrastructure, drainage, flooding, and overall functionality as part of the city. Retrofitting needed infrastructure and improving functionality generally depend upon cooperation and participation across various existing land parcels. Assembly of land or land pooling by owners of multiple parcels is needed in some cases to form more cohesive development. These issues are described in plan documents . The risk of a new storage unit development project creating a potentially new obstacle to achieving the vision and goals has been recognized by staff and the URA CAG for some time. There have been inquiries by owners where this would be the case. In discussions with staff, inquiries have so far not become actual development proposals. Enclosed Mini-Storage Facilities are a relatively expedient use with minimal need for 0 connectivity or public infrastructure, creating spots of low activity with no synergy with 4 surrounding parcels. Storage uses exist and are appropriate in an Industrial zone portion of the area on the east side of North College Avenue. d ma 0 A significant amount of public investment has been expended in the corridor to implement U the vision and remedy problems. Local, State and Federal funds have been used to 0 construct major public improvements from Jefferson Street to State Highway 1 including street, railroad, drainage, and other utility infrastructure with associated beautification and pedestrian improvements. Staff s latest estimate of public investment since adoption of J the North College Corridor Plan in 1995 is in the range of $50-60 million. This 00 investment has resulted in economic activity and real estate development projects such as 00 the North College Marketplace, Lyric Cinema, Crowne Apartments at Old Town North, and Jax Expansion among others. d 3 Since the original 1995 North College Corridor Plan and its associated zoning, conditions y w have changed to the point where there is positive economic momentum resulting in urban 0 rm evolution, but crucial improvements are still needed in key portions of the area where a 0 storage unit development would be incompatible. Q. .` Proposed Solution Overview v N Delete Enclosed Mini-Storage Facilities from the North College Avenue corridor area in p C-S, Service Commercial zone district. Related Code Revisions c Ord. Section Code Cite Revision Effect E 20 4.22(B)(2)(c)28 Deletes Enclosed Mini-Storage from U N . College in C-S zone. Q 1101 Amend 3. 1 .1 Article Three - General Provisions - Applicability - to clarify applicability to single family on platted lots. Problem Statement The Applicability Section at the beginning of Article 3 contains terminology and language that confuses applicability to single family houses. Proposed Solution Overview The proposed solution is to amend the language to add clarity with regard to single family detached dwellings. Related Code Revisions Packet Pg . 442 12.2 Ord. Section Code Cite Revision Effect 5 3. 1 . 1 Clarifies the applicability of Article 3 to single family detached dwellings. 1102 Amend 5. 1 .2 - Definition of a Neighborhood Center - to match the description of a Neighborhood Center as stated in the LMN development standards - 4.5(D)(3) - for consistency. Problem Statement The definition of `Neighborhood Center' in the LMN zone does not match the standards for the LMN zoning district in Article 4. The difference : the LMN zone district includes mixed-use dwelling units as an option for one of two uses that must be combined in order to qualify a development as a Neighborhood Center; while the definition in Article 5 mentions "a combination of at least two (2) nonresidential uses . . . ". Thus the question is whether or not the inclusion of a dwelling unit above a nonresidential use qualifies a development as a Neighborhood Center. The LMN zone district list of o Permitted Uses includes the following (note that mixed-use dwelling units are included) : N "Neighborhood centers consisting of at least two (2) of the following uses: mixed-use dwelling units; retail stores; convenience retail stores; personal and business service shops; small animal veterinary facilities; offices, financial services and clinics; community o facilities; neighborhood support/ recreation facilities; schools; child care centers; limited V m indoor recreation establishments; open-air farmers markets; and places of worship or y assembly." Likewise a Land Use Standard in the LMN zone district states: c �a 4 . 5 (D)(3)(c) "Land Use Requirements. A neighborhood center shall include two (2) or more of the 00 following uses : mixed-use dwelling units; community facilities; neighborhood 00 support/recreation facilities; schools; child care centers; places of worship or assembly; convenience retail stores; retail stores; offices, financial services and clinics . . . " N Contrary to those LMN standards, the definition of Neighborhood Center mentions two nonresidential uses : C c "Neighborhood center shall mean a combination of at least two (2) nonresidential uses and C an outdoor space, which together provide a focal point and a year-round meeting place for Q- a Low Density Mixed-Use Neighborhood." U Proposed Solution Overview p Amend 5 . 1 .2, the definition of Neighborhood Center, to match the description in LMN zone district per 4.5(D)(3). Related Code Revisions E Ord. Section Code Cite Revision Effect U 21 5. 1 .2 Amends the definition of Neighborhood Center for Q consistency with LMN permitted use. 1103 Amend 2.1 .2(C) - Overview of Development Review Procedures - to add references to Basic Development Review and make other minor edits. Problem Statement Since the adoption of the Code, projects that are not required to be subject to a public hearing, either Type One or Two, were referred to as Building Permit Review and then later renamed to Basic Development Review (BDR). Such projects include uses that are fundamentally considered compatible with the underlying zone district and are generally not complex. All relevant standards are applied to these projects. The original Code section that describes the overview of the development review procedures made no mention of this review Packet Pg . 443 12.2 process because there was, at that time, no formal routing, commenting, project tracking and no requirement for a public hearing. Over time, however, BDR' s have become more formalized. Consequently, the Code would be more current and user-friendly if BDR' s were described in the overview. Proposed Solution Overview The solution is to add references to BDR' s in the overview section and make minor edits for clarity. Related Code Revisions Ord. Section Code Cite Revision Ef ect 2 2. 1 .2(C) Adds a specific reference to Basic Development Review. 1106 Amend 3.2. 1 (K)(2) - Utilities and Traffic - to increase the distance between street trees and traffic control signs from 20 to 50 feet. Problem Statement This provision of code presently requires a 20-foot separation from shade and/or 0 ornamental trees to traffic control sign and devises. Twenty feet of separation from a tree N to a stop (or yield sign), as well as 20 feet of separation from a tree to a traffic signal has presented challenges in maintaining adequate sight distance to the traffic signage and signals. A greater separation of 50 feet would help ensure that line of sight to the traffic ma 0 control device is adequately maintained throughout the maturity of the tree. U m Proposed Solution Overview y The proposed solution is to amend the standard from 20 feet to 50 feet. _ Related Code Revisions J Ord. Section Code Cite Revision Effect 00 7 3.2. 1 (K)(2) Increases the distance between trees and traffic control c signs. 00 N d 3 1107 Amend 2.18.3(G) - Step 7(D) - Basic Development Review - Decision and Findings - to provide y w written notice, including appeal information, to abutting property owners regarding a BDR C decision. _ 0 Problem Statement Q- .` We recently adopted a Code revision that removes the obligation to provide notice (sign posting, newspaper published notice and written letter to A.P .O. 's) for all B .D.R. 's that p are not Minor Subdivisions that create new lots. Since all B .D.R. ' s are appealable, there remains a burden to let the public know that a decision has been made. With the new m revision, we have moved from providing an abundance of notice to providing a dearth of notice. If a B .D.R. decision is appealable, but there is no practical manner for an abutting property owner to become informed of such decision, then the appeal process lacks Q transparency. Proposed Solution Overview The proposed solution is to provide post-decision notice to abutting property owners. (Again, for Minor Subdivisions that yield a new lot, full notification is already required.) This notice would also include appeal information. Related Code Revisions Ord. Section Code Cite Revision E ect 4 2 . 18 . 3(G) Requires notice of BDR decision to abutters . Packet Pg . 444 1109 Amend 3.2.4 - Lighting - to add that light fixtures must not exceed correlated color temperature of 3,000 degrees Kelvin and make minor edits based on new lighting technology. Problem Statement City Council adopted Resolution 2016-074 expressing Council's intent and General Policy Considerations Regarding Night Sky Objectives (September 20, 2016). The Resolution states that, "the City will incorporate dark sky policies and standards into Building Codes, Land Use Codes, and Streetscape standards when applicable and appropriate." An interdisciplinary staff team continues to work with a consultant to comprehensively address lighting issues and promote dark sky policies both on a citywide basis, and out of the city in the case of natural areas. In the short term, however, staff has identified two quick fixes to acknowledge the advent of LED (light emitting diodes) technology and to implement a maximum correlated color temperature (CCT) to reduce glare. These two revisions have been identified as y noncontroversial and are being practiced now but on a recommendation basis only. c Codifying at this time allows for the implementation of dark sky policies in a timely 17 manner. > d Proposed Solution Overview d The proposed solution is to adopt the revisions identified by staff working on the dark sky o policies. V m Related Code Revisions rn Ord. Section Code Cite Revision Effect •a C 8 3.2.4(D )( 11 ) Maximum correlated color temperature 3000 degrees J Kelvin . 00 8 3.2.4(D )(5) Deletes obsolete references . c 00 N d 1110 Amend 3.4. 1 (E)(1) - Natural Habitats and Features - 3.4. 1 (E)(1)(c) - Buffer Zone y Performance Standards - to clarify the scope of the buffer zone and emphasize that non- native trees & vegetation must be evaluated in the ECS for potential ecological value. C c Problem Statement a Under (E)( 1 ), the sentence that allows stated buffer zone dimensions to be adjusted based 'c on performance standards is currently worded in a way that confuses the concept. General buffer zone dimensions are stated in a table, but those dimensions are accompanied by a proviso that the decision maker may reduce a dimension if listed performance standards are achieved. Current wording, however, suggests that the decision maker must reduce a E stated dimension if necessary to achieve the listed performance standards. It would never be necessary to reduce a dimension to achieve the performance standards, that is simply incorrect wording. Q Rather, the performance standards are to allow a dimension to be reduced if the performance standards are met. This wording has caused awkward and confusing discussion in at least two development projects where a dimension was reduced based on achieving the performance standards, but it was not necessary to do so. Under (E)( 1 )(c), the current language states that only existing trees and vegetation that are deemed significant per 3 .2 . 1 - Tree Protection Standards for Landscape Plans - are to be preserved. Staff has found, however, that existing non-significant trees and vegetation have habitat value and must be considered for preservation and accounted for in any evaluation by an Ecological Characterization Study. Packet Pg . 44 ] 12.2 Proposed Solution Overview The proposed solution to (E)( 1 ) is to reword the language for clarity. The proposed solution to (E)(1 )(c) is to revise and add language that states all non-native trees and vegetation must be considered for preservation even though some species may not be considered significant under the Tree Protection standards for Landscape Plans in 3 .2 . 1 (F). This would allow clusters of non-native species such as Siberian Elms and Russian Olive to be considered for habitat and ecological values. Related Code Revisions Ord. Section Code Cite Revision Effect 12 3.4. 1 (E)(1 )(c) Clarifies that all non-native trees and vegetation that are not significant to be evaluated for ecological value. 12 3.4. 1 (E)(1 ) Corrects the standard as originally intended . 1111 Amend 3.4. 1 (D)(1)(e) - Ecological Characterization Study - to clarify that non-native trees & y vegetation be evaluated for potential habitat value even though certain species would not p meet the mitigation criteria under Tree Protection in 3.2.1 . N Problem Statement The current Code section is in need of updating and enhanced specificity. City Environmental Planning staff have encountered numerous development projects where V trees proposed for removal do not meet tree mitigation criteria in 3 .2 . 1 under Landscaping y yet provide habitat value, as determined by Environmental staff during site visits and/or biologists in ecological characterization studies. While tree mitigation in 3 .2. 1 accounts = for lost ecological and environmental value, habitat value is secondary to tree condition, J caliper and species, thereby disqualifying trees with habitat value from mitigation. There 00 is a need to allow environmental planners to mitigate for lost habitat value to better reflect c the intent of section 3 .4. 1 of the Code, which strives to protect natural habitats and O0 features on the site and in the vicinity of the site during development. Proposed Solution Overview y N The proposed Code revision allows mitigation for trees not covered under Section 3 .2. 1 of the Code on properties containing a habitat buffer zone. Mitigation plantings will occur C c within the natural habitat buffer zone to maintain the site ' s habitat and ecological function. C CL Related Code Revisions IC Ord. Section Code Cite Revision Effect C C 11 3 .4 . 1 (D)(1 )(e) Clarifies that the ECS describe the habitat value of nonnative trees and vegetation . E U Q 1113 Amend 4.7(D)(E)(F) - N-C-L Land Use Standards, Dimensional Standards and Development Standards - to revise floor area metrics, clarify the height of carriage houses, add dormer standards and clarify eave height. Problem Statement As design standards for accessory building/carriage houses have evolved, repetitive standards have been created in the Land Use Code. The repetitive standards have not always been consistent and have led to confusion. Clarification is needed for the standards that address maximum allowable floor area, maximum allowable height and maximum eave height. Additionally, accessory buildings/carriages houses do not currently limit the size of a dormer and how that that may increase wall and eave heights. Packet Pg . 44 ] 12 .2 It is unclear at what size are dormers an acceptable deviation to eaves and wall height limitations. Proposed Solution Overview The proposed solution is to amend the standards that are repetitive and provide clear direction on design standards of accessory buildings/carriage houses. Related Code Revisions Ord. Section Code Cite Revision Effect 17 4.7(D)(E)(F) Clarifies standards related to allowable floor area, height, dormers and eaves of accessory buildings and carriage houses. 1115 Amend 4.8(D)(E)(F) - N-C-M Land Use Standards, Dimensional Standards and Development Standards - to revise floor area metrics, clarify height of carriage houses, add dormer standards and clarify eave height. y c Problem Statement O .N As design standards for accessory building/carriage houses have evolved, repetitive standards have been created in the Land Use Code. The repetitive standards have not always been consistent and have led to confusion. Clarification is needed for the standards that address maximum allowable floor area, maximum allowable height and O U maximum eave height. Additionally, accessory buildings/carriages houses do not currently limit the size of a dormer and how that that may increase wall and eave heights. j It is unclear at what size are dormers an acceptable deviation to eaves and wall height c limitations. J Proposed Solution Overview 00 The proposed solution is to amend the standards that are repetitive and provide clear 0 direction on design standards of accessory buildings/carriage houses. Related Code Revisions y d Ord. Section Code Cite Revision Effect 3 O N 18 4.8(D)(E)(F) Clarifies standards related to allowable floor area, height, dormers and eaves of accessory buildings and carriage O houses. _ O r� Q .` U N 1116 Amend 4.9(D)(E) - N-C-B Land Use Standards and Dimensional Standards to revise floor area C metrics, clarify height of carriage houses, add dormer standards, and clarify eave height. }; c Problem Statement E As design standards for accessory building/carriage houses have evolved, repetitive M standards have been created in the Land Use Code. The repetitive standards have not always been consistent and have led to confusion. Clarification is needed for the Q standards that address maximum allowable floor area, maximum allowable height and maximum eave height. Additionally, accessory buildings/carriages houses do not currently limit the size of a dormer and how that that may increase wall and eave heights. It is unclear at what size are dormers an acceptable deviation to eaves and wall height limitations. Proposed Solution Overview The proposed solution is to amend the standards that are repetitive and provide clear direction on design standards of accessory buildings/carriage houses. Related Code Revisions Ord. Section Code Cite Revision Effect Packet Pg . 447 12.2 19 4.9(D)(E) Clarifies standards related to allowable floor area, height, dormers and eaves of accessory buildings and carriage houses. 1117 Amend 2.2. 12 - Common Development Review Procedures - Step 120 Appeals / Alternate - to add a new reference to Section 2. 18 - Basic Development Review since the BDR process has become more formalized. Problem Statement When the LUC was established, there was no formalized Basic Development Review procedure. These projects were considered minor in scope and permitted subject to simply applying for a building permit and the review process was informally managed by the zoning administrator as a building permit review. As time went on, however, these projects became more complex requiring a review process more comparable to a P .D.P. versus a building permit. The term Basic Development Review was initiated along with a y more formal review process, which now includes an appeal procedure and contained C within a relatively new section 2 . 18 . Currently, under the Common Development Review N Procedures — Step 12 : Appeals, there is no reference to Basic Development Review. > d Proposed Solution Overview d Add a reference to Basic Development Review under the common development review p procedures. U m Related Code Revisions y Ord. Section Code Cite Revision Effect 'a C 3 2.2. 12 Adds a reference to BDR. J O r O O N d 3 O N w O C O r� Q .` U N d C r-� C d E M U Q Packet Pg . 448 ATTACHMENT 3 12 . 3 Land Use Code Revisions Annotated Ordinance Index Ord. Section # Code Cite Revision Effect Issue W C O .y d lY d O U a� N N.A. 1046 Placeholder for Reports and Ordinance formatting. 1 N.A. C J 2 2. 1 .2(C) Adds a specific reference to Basic Development Review. 1103 Amend 2. 1 .2(C) - Overview of Development Review Procedures - to add references to Basic Development O T Review and make other minor edits. O O 3 2.2. 12 Adds a reference to BDR. 1117 Amend 2.2. 12 - Common Development Review 3 Procedures - Step 12: Appeals / Alternate - to add a N N new reference to Section 2. 18 - Basic Development — Review since the BDR process has become more O formalized. X d 4 2. 18.3(G) Requires notice of BDR decision to abutters. 1107 Amend 2. 18.3(G) - Step 7(D) - Basic Development O U Review - Decision and Findings - to provide written notice, including appeal information, to abutting property owners regarding a BDR decision. i O 5 3. 1 . 1 Clarifies the applicability of Article 3 to single family detached 1101 Amend 3. 1 . 1 Article Three - General Provisions - dwellings. Applicability - to clarify applicability to single family on platted lots. t v to 6 3.2. 1 Comprehensive update of the Landscaping section of the Code. 1093 Amend 3 .2. 1 (A - N) - Tree Protection and Q Replacement - to update, revise and add new provisions for a variety of aspects related to Landscape Plans with the primary focus on trees. Packet Pg . 149 12 . 3 7 3.2. 1 (K)(2) Increases the distance between trees and traffic control signs. 1106 Amend 3 .2. 1 (K)(2) - Utilities and Traffic - to increase the distance between street trees and traffic control signs from 20 to 50 feet. Ord. Section # Code Cite Revision Effect Issue 8 3.2.4(D)(11) Maximum correlated color temperature 3000 degrees 1109 Amend 3 .2.4 - Lighting - to add that light fixtures must Kelvin. not exceed correlated color temperature of 3,000 t^ degrees Kelvin and make minor edits based on new O lighting technology. y 8 3.2.4(D)(5) Deletes obsolete references. 1109 Amend 3 .2.4 - Lighting - to add that light fixtures must not exceed correlated color temperature of 3,000 degrees Kelvin and make minor edits based on new lighting technology. O U a� N 9 3.3.2(E)(1)(e) Replaces detailed list of improvements with a checklist. 1094 Amend 3 .3 .2(E)(1 )(e) — Required Improvements Prior C to Issuance of Certificate of Occupancy — to delete a J list of specific stormwater implementation techniques and replace with a reference to the Development ap Review Checklist. r O 10 3.3 .5 Adds Broadband and Fiber Optic to the list. 1095 O .0 Amend 3 .3 .5 — Engineering Design Standards — to add d Broadband / Fiber Optic to the list of utilities and services 3 for which compliance with requirements and N specifications must be achieved. O 11 3.4.1(D)(1)(e) Clarifies that the ECS describe the habitat value of nonnative lilt Amend 3 .4. 1 (D)( 1)(e) - Ecological Characterization K trees and vegetation. Study - to clarify that non-native trees & vegetation be evaluated for potential habitat value even though certain species would not meet the mitigation criteria under Tree Protection in 3 .2. 1 . V cC C 12 3.4. 1 (E)(1) Corrects the standard as originally intended. 1110 Amend 3 .4. 1 (E)(1 ) - Natural Habitats and Features - 3 .4. 1 (E)(1)(c) - Buffer Zone Performance Standards - O to clarify the scope of the buffer zone and emphasize } that non-native trees & vegetation must be evaluated in the ECS for potential ecological value. 0) CU 12 3.4. 1 (E)(1)(c) Clarifies that all non-native trees and vegetation that are 1110 Amend 3 .4.1 (E)(1) - Natural Habitats and Features - CU not significant to be evaluated for ecological value. 3 .4. 1 (E)( 1 )(c) - Buffer Zone Performance Standards - Q to clarify the scope of the buffer zone and emphasize that non-native trees & vegetation must be evaluated in the ECS for potential ecological value. Packet Pg . 150 12 . 3 13 3.5.2(D)(3) Requires at least one door into single family attached 1096 Amend 3 .5 .2(D) to establish 150 feet as the maximum dwellings be within 150 feet of emergency access staging distance between the staging area for emergency area. responders and access into individual single family attached dwelling units 14 3.8. 17(A)(2)(b) Deletes the reference to residential, adds industrial to 1098 Amend 3 .8. 17(A)(2)(b) - Building Height - Measuring measuring maximum building height. Building Height - to correct a discrepancy and delete the ability of a residential structure to use the 25-feet y from floor-to-floor allowance = O .y Ord. Section # Code Cite Revision Effect Issue tr 15 4.4(B)(3) Adds Wireless Telecommunications Facilities as a Type 2 1099 Amend 4.4(B)(3)(d) - R-L Permitted Use List - to add y Accessory Use in R-L. Wireless Telecommunications Facility as a Type Two accessory use but restricted to non-residential V properties such as Places of Worship or Assembly, and y only if stealth. N 16 4.4(D)(4) Adds standards for W.T.F. in R-L. 1099 Amend 4.4(B)(3)(d) - R-L Permitted Use List - to add C Wireless Telecommunications Facility as a Type Two J accessory use but restricted to non-residential properties such as Places of Worship or Assembly, and O T only if stealth. O O 17 4.7(D)(E)(F) Clarifies standards related to allowable floor area, height, 1113 Amend 4.7(D)(E)(F) - N-C-L Land Use Standards, d dormers and eaves of accessory buildings and carriage Dimensional Standards and Development Standards - to u houses. revise floor area metrics, clarify the height of carriage N houses, add dormer standards and clarify eave height. `~ O X d 18 4.8(D)(E)(F) Clarifies standards related to allowable floor area, height, 1115 Amend 4.8(D)(E)(F) - N-C-M Land Use Standards, dormers and eaves of accessory buildings and carriage Dimensional Standards and Development Standards - to c) houses. revise floor area metrics, clarify height of carriage houses, add dormer standards and clarify eave height. i O 19 4.9(D)(E) Clarifies standards related to allowable floor area, height, 1116 Amend 4.9(D)(E) - N-C-B Land Use Standards and ; dormers and eaves of accessory buildings and carriage Dimensional Standards to revise floor area metrics, houses. clarify height of carriage houses, add dormer N standards, and clarify eave height. U to 20 4.22(B)(2)(c)28 Deletes Enclosed Mini-Storage from N. College in C-S 1100 Q zone. Amend 4.22(B)(2)(c) 28. — C-S, Service Commercial zone district — Type One Permitted Use List — to delete Enclosed Mini-Storage Facilities if located at least 200 feet from N. College Avenue portion of the C-S zone. Packet Pg . 151 12 . 3 21 5. 1 .2 Amends the definition of Neighborhood Center for 1102 Amend 5 . 1 .2 - Definition of a Neighborhood Center - consistency with LMN permitted use. to match the description of a Neighborhood Center as stated in the LMN development standards - 4.5(D)(3) - for consistency. y C O .y d lY d O U a� N c <a J 00 T Q 00 O K U C i 0 O L V cC a Packet Pg . 152 ATTACHMENT 4 12 .4 Planning & Zoning Board May 16 , 2019 Page 2 of 2 None reported Staff Response None reported Board Questions / Deliberation = 0 .y None reported Member Schneider made a motion that the Fort Collins Planning and Zoning Board make the recommendation to City Council to update the annual land use code amendments as presented at this 0 hearing . This is based on the agenda materials , information in the packets , information that was presented during the work session , this hearing tonight and the Board discussion on this item . This information , D analysis , findings of fact and conclusion contained in the staff report included in the agenda materials for c this hearing are to be adopted by this Board . Member Rollins seconded . Vote : 6 : 0 . J 6-B , Land Use Code Revisions 00 TM Go Project Description : This is a request for a Recommendation to City Council regarding revision to the Land Use Code . This revision would allow minor variances that are considered routine to be authorized by the Director. This ca revision is accompanied by the annual Spring package of revisions to the Land Use Code but is a separateLM Ordinance due to the new authorization . a, T Recommendation : Approval `4 co T Secretary Gerber reported that no citizen emails or letters had been received . M Staff and Applicant Presentations _ Completed in 6-A E ma Public Input (3 minutes per person ) �a 0 None noted _ Staff Response o N None noted = ca Board Questions / Deliberation None noted f° a Member Schneider made a motion that the Fort Collins Planning and Zoning Board make the recommendation to City Council land use code revisions to law variances by the Director. This is based on E the agenda materials and information in the packets , information that was presented during the work U session , this hearing tonight and the Board discussion on this item . This information , analysis , findings of Q fact and conclusion contained in the staff report included in the agenda materials for this hearing are to be adopted by this Board . Member Hobbs seconded . Vote : 6 : 0 . *** END EXCERPT HERE*** Packet Pg . 153 ATTAC,W I�IT 5 12. 5 Zoning Board of Appeals Page 5 , ' 201 J The actual property line was a surprise to the owner, as they built the house and have lived there for 20 years . The owner and all the neighbors considered the back fence to be the property line . The sunroom will be visually appealing and will not block anyone's view. Audience Participation : ( None) Board Discussion : Boardmember LaMastra requested the measurements from the fence to the edge of the sunroom . Beals confirmed that is 15 feet . LaMastra stated this sounds nominal and inconsequential . The HOA N will not make everyone redo the fence . The perception is that this meets code . This was an error c made in the past, no fault of the owner. N Boardmember Stockover pointed out there is a large retention pond behind this property that will never be built upon . a� Boardmember LaMastra made a motion , seconded by Long , to approve ZBA190017 for the c following reasons : the variance request is not detrimental to the public good , the additional v HOA owned detention pond immediately behind the property provides enough separation to y meet a rear-yard 15 ' setback making this nominal and inconsequential . Therefore, the variance M request will not diverge from the standard but in a nominal , inconsequential way, when considered in the context of the neighborhood , and will continue to advance the purpose of the Land Use Code as contained in Section 1 .2 .2 . 00 Vote : o 00 Yeas : Stockover, Long , Meyer, Shields , McCoy, LaMastra 4 Nays : None , The Motion was carried . v Q� r • OTHER BUSINESS N Amendment to Land Use Code Variance Requests ai Beals presented the LUC changes to the board . This would allow staff level decisions to be made prior to coming before this board . Beals presented the circumstances and thresholds of these changes , including setback encroachments , a fence height increase , allowable floor area in the rear half of the lot, and building height increases all within specific parameters . Also , once a variance is approved , there is an expiration date to receive that building permit . Currently, an extension requires = them to come before the board again . Part of these changes are to allow the Director to approve this E one-time extension . If the applicant takes longer than that, they will need to come before this board again with that request. a This item is before the board to seek a recommendation on the code changes . Q Boardmember Lamastra asked if there are still notifications sent out to the surrounding property o owners , even if staff are approving these decisions . Beals confirmed there will be public notice , this was brought up by a community member as well . Public notice will still be required 14 days prior to 0 the director's decision . m Chair Shields agreed with what is addressed in these changes . c Boardmember Stockover made a motion , seconded by Long , to approve the draft ordinance to = 0 City Council as it pertains to variances that come before this board and variances that can be N processed by the Director. Vote : E Yeas : Stockover, Long , Meyer, Shields , McCoy, LaMastra U Nays : None , Q The Motion was carried . • ADJOURNMENT Packet Pg . 154 ORDINANCE NO . 077, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE WHEREAS, on December 2 , 1997, by its adoption of Ordinance No . 190, 1997, the City Council enacted the Fort Collins Land Use Code (the "Land Use Code") ; and WHEREAS , at the time of the adoption of the Land Use Code, it was the understanding of staff and the City Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS , since its adoption, City staff and the Planning and Zoning Board have continued to review the Land Use Code and identify and explore various issues related to the Land Use Code and have now made new recommendations to the Council regarding certain issues that are ripe for updating and improvement; and WHEREAS, on May 16, 2019, the Planning and Zoning Board unanimously recommended that City Council adopt the Land Use Code changes set forth herein; and WHEREAS , the City Council has determined that the recommended Land Use Code amendments are in the best interests of the City and its citizens . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2 . That Section 2 . L2(C) of the Land Use Code is hereby amended to read as follows : 2 . 1 .2 Overview of Development Review Procedures (C) Which type of development application should be submitted? To proceed with a development proposal for permitted uses, the applicant must determine what type of development application should be selected and submitted. All development proposals which include only permitted uses must be processed and approved through the following development applications : first through a project development plan (Division 2 .4), and then through a final plan (Division 2 . 5) . If the applicant desires to develop in two (2) or more separate project development plan submittals, an overall development plan (Division 2 . 3 ) will also be required - 1 - Packet Pg . 155 prior to or concurrently with the project development plan. Overall development plans, PUD Overlays, basic development reviews , project development plans and final plans are the four (4) five (5) types of development applications for permitted uses . Each successive development application for a development proposal must build upon the previously approved development application, as needed, by providing additional details (through the development application submittal requirements) and by meeting additional restrictions and standards (contained in the General Development Standards of Article 3 and the District Standards of Article 4) . Overall development plans, basic development reviews and project development plans may be consolidated into one ( 1 ) application for concurrent processing and review when appropriate under the provisions of Section 2 . 2 . 3 . The purpose, applicability and interrelationship of these types of development applications are discussed further in Section 2 . 1 . 3 . Section 3 . That Section 2 .2 . 12 of the Land Use Code is hereby amended to read as follows : (A) Appeals. Appeals of any final decision of a decision maker under this Code shall be only in accordance with Chapter 2 , Article II, Division 3 of the City Code, unless otherwise provided in Divisions 2 . 3 through 2 . 11 and 2 . 16 , 2 . 18 , and 2 . 19 of this Code. Section 4 . That Section 2 . 18 . 3 (G) of the Land Use Code is hereby amended to read as follows : 2.18.3 Basic Development Review and Minor Subdivision Review Procedures Step 7(D) (I and 2) : (Decision and Findings) : Not applicable and in substitution thereof, after consideration of the development application, the Director shall issue a written decision to approve, approve with conditions, or deny the development application based on compliance with the standards referenced in Step 8 of the Common Development Review Procedures (Section 2 .2 . 8). The written decision shall be mailed to the applicant, to any person who provided comments during the comment period and to the abutting property owners, and shall also be posted on the City's website at www. fcgov. com. Section 5 . That Section 3 . 1 . 1 of the Land Use Code is hereby amended to read as follows : 3. 1 . 1 - Applicability -2- Packet Pg . 156 All development applications and building permit applications shall comply with the applicable standards contained in divisions 3 . 1 through 3s1 3 . 11 , except tha with the following exceptions : (A) sSingle-family detached dwellings and extra occupancy rental houses on platted lots that are subject only to building permit ^ , s well-as-may (B) aAccessory buildings, structures and accessory uses associated with the s single-family dwellings and extra occupancy rental houses listed in (A) above;. Applications for the development noted in exceptions (A) and (B) above must need to comply only with (a) the sta4fld.ffird.gs c�n ^a c�e��tl3ez^�t�dic* in hie '� use s are located; (b) the standards contained in division 3 . 8 ; and (e) with respect to extra occupancy rental houses, the additional standards contained in sSection 3 .2 .2(k)( 1 )O) • Existing Development. In addition to the foregoing, this Land Use Code shall continue to apply to ongoing use of land in a--completed developments to the extent that the provisions of this 1Land uUse eCode can be reasonably and logically interpreted as having such ongoing application. Section 6 . That Section 3 .2 . 1 (A) through (1) of the Land Use Code is hereby amended to read as follows : 3 .2 . 1 - Landscaping and Tree Protection (A) Applicability. This Section shall apply to all development (except for development on existing lots for single-family detached dwellings) within the designated "limits of development" ("LOD ") and natural habitatar€-a buffer zones established according to Section 3 .4. 1 (Natural Habitats and Features) . (B) Purpose. The intent of this Section is to require preparation of landscape and tree protection plans that ensure significant canopy cover is created, diversified and maintained shag so that all associated social and environmental benefits are maximized to the extent reasonably feasible. These benefits include reduced erosion and stormwater runoff, improved water conservation, air pollution mitigation, to reduced glare and heat build-up, contribute to visual quality increased aesthetics, and improved continuity within and between developments . Trees planted in appropriate spaces also; provide screening and may mitigateiou of potential conflicts between activity areas and other site elements while; enhancingo outdoor spaces , all of which add to a more resilient urban forest.; reduee efosion and 3tor zater- fumozff-, eneourage w teEo section a YN1 �1 lYfl�n /11Y pollution . -3 - Packet Pg . 157 (D) Tree Planting Standards . All developments shall establish groves and belts of trees along all city streets, in and around parking lots, and in all landscape areas that are located within fifty (50) feet of any building or structure in order to establish at least a partial urban tree canopy. The groves and belts may also be combined or interspersed with other landscape areas in remaining portions of the development to accommodate views and functions such as active recreation and storm drainage. ( 1 ) Minimum Plantings/Description. These tree standards require at least a minimum tree canopy but are not intended to limit additional tree plantings in any remaining portions of the development. Groves and belts of trees shall be required as follows : (c) "full tree stocking" shall be required in all landscape areas within fifty (50) feet of any building or structure as further described below. Landscape areas shall be provided in adequate numbers, locations and dimensions to allow full tree stocking to occur along all high use or high visibility sides of any building or structure. Such landscape areas shall extend at least seven (7) feet from any building or structure wall and contain at least fifty-five (55) square feet of nonpaved ground area, except that any planting cutouts in walkways shall contain at least sixtee thirty- two (4b32) square feet. A minimum planting cutout of four (4) feet wide shall be provided and the recommended lengths are as follows : eight (8) feet, ten ( 10) feet or twelve ( 12) feet. Applicants are encouraged to investigate and implement, subject to City approval, alternative methods or subsurface technologies to promote tree root growth. Planting cutouts, planters or other landscape areas for tree planting shall be provided within any walkway that is twelve ( 12) feet or greater in width adjoining a vehicle use area that is not covered with an overhead fixture or canopy that would prevent growth and maturity. (2) Street Trees. Planting of street trees shall occur in the adjoining street right-of- way, except as described in subparagraph (b) below, in connection with the development by one ( 1 ) or more of the methods described in subparagraphs (a) through (se) below: (b) Wherever the sidewalk is attached to the street in a manner that fails to comply with the Larimer County Urban Area Street Standards, canopy shade trees shall be established in an area ranging from three four (34) to seven (7) feet behind the sidewalk at the spacing intervals as required in subsection (a) above . Planting shall occur on public right-of-way if it is -4- Packet Pg . 158 wide enough, otherwise trees shall be planted on adjoining private property to comply with this subsection. (c) Wherever the sidewalk is attached to the street and is ten ( 10) feet or more in width, or extends from the curb to the property line, canopy shade trees shall be established in planting cutout areas of at least sill} thirty-two (4-632) square feet at thirty-foot to forty-foot spacing. (d) Ornamental trees shall be planted in substitution for the canopy shade trees required in subsection (D)(2)(a) and (b) above where overhead lines and fixtures prevent normal growth and maturity. Ornamental trees shall be placed at least fifteen ( 15) feet away from any streetlight. (e) Wherever existing ash trees (Fraxinus species) are in the adjoining street right-of-way, the applicant shall coordinate and obtain an onsite analysis with the City Forester to determine replacement canopy shade trees either through shadow planting or other emerald ash borer mitigation methods . (3 ) Minimum Species Diversity. To prevent uniform insect or disease susceptibility and eventual uniform senescence on a development site or in the adjacent area or the district, species diversity is required, and extensive monocultures are prohibited. The following minimum requirements shall apply to any development plan. Number of trees Maximum percentage of on site any one species 1019 50% 2039 33 % 4059 25 % 60 or more 15 % (4) Tree Species and Minimum Sizes. The r,: ,�o City Forester shall provide a recommended list of trees which shall be acceptable to satisfy the requirements for landscape plans, including approved canopy shade trees that may be used as street trees . The following minimum sizes shall be required (except as provided in subparagraph (5) below) : Type Minimum Size Canopy Shade Tree 2 . 0" caliper balled and burlapped or equivalent Evergreen Tree 6 . 0' height balled and burlapped or equivalent -5 - Packet Pg . 159 Ornamental Tree 1 . 5 " caliper balled and burlapped or equivalent 5 gallon or adequate size consistent with design intent or 1 Shrubs gallon may be permitted if planting within the Critical Root Zone of existing trees Car .,, Shade T-Fee as a street tree an ' . 25if e=;4 11 r3eF eoat-aine-F or Re�ent�a�bec-al PlYlll StFeet Only Any tree plantings that are in addition to those that are made as part of the approved landscape plan are exempt from the foregoing size requirements . (F) Tree Dr^ Preservation and Mitigation n,.plae,.m ent Existing significant trees (six (6) inches and greater in diameter) within the LOD and within natural habitat area buffer zones shall be preserved to the extent reasonably feasible and may help satisfy the landscaping requirements of this Section as set forth above. Such trees shall be considered "protected" trees within the meaning of this Section, subject to the exceptions contained in subsection (2) below. Streets, buildings and lot layouts shall be designed to minimize the disturbance to significant existing trees . All required landscape plans shall accurately identify the locations, species, size and condition of all significant trees, each labeled showing the applicant's intent to either remove, transplant or protect. Where it is not feasible to protect and retain significant existing tree(s) or to transplant them to another on-site location, the applicant shall replace such tree(s) according to the following schedule and requirements and shall . Replaeement trees shall be used to satisfy the tree planting standards of this Section. To the extent reasonably feasible, Rreplacement trees shall be planted either the development site or, if not reasonably feasible, in the closest available and suitable planting site on public or private property. The closest available and suitable planting site shall be selected within one-half ('/2) mile (2,640 feet) of the development site, subject to the following exceptions . If suitable planting sites for all of the replacementmitigatien trees are not available within one-half (1/2) mile (2 , 640 feet) of the development, then the plaRting site sIi^ " he.-. on ( 1 ) mile (5 ,280 feet) of the development site. if suitable planting sites are n available for- all of the mitigation tfees wiabin one ( 1 ) mile (5 ,280 feet) of the development t site, then the City Forester shall determine the most suitable planting location within the City' s boundaries as close to the development site as feasible. If locations for planting replacement trees cannot be located within one-half ( %2) mile of the development site, the applicant may, instead of planting such replacement trees, submit a payment in lieu to the City of Fort Collins Forestry Division to be used to plant replacement trees to plant replacement trees as close to the development site as possible . -6- Packet Pg . 160 The payment in lieu mitigation fee per tree is determined by the City Forester and may be adjusted annually based on market rates . Payment must be submitted prior to the Development Construction Permit issuance or other required permits . ( 1 ) A significant tree that is removed shall be replaced with not less than one ( 1 ) or more than six (6) replacement trees sufficient to mitigate the loss of contribution and value of the removed significant tree(s) . Notwithstanding the orege fo" rte contain ecologic�ue, as provid�-agraph 3 n 7�'?(D)( 1 ) of this(` nl,L72l be mitigat , v. nG�NTd amfle 2t1. .�Zg � (- )(2)(b)of this. Code. The applicant shall coordinate with the City Forester er a qualified landseape—appFaise.F to determine such loss based upon an onsite tree assessment mil, including, but not limited to, shade, canopy, condition, size, aesthetic, environmental and ecological value of the tree (s) to be removed using the species and location criteria in the most Fecent published appraisal guide. by the Gelffine31 ofir ^ " '' T ^fldseape Appraisers . Replacement trees shall meet the following minimum size requirements unless otherwise determined by the City Forester: (a) Canopy Shade Trees : -32 . 00" caliper balled and burlap or equivalent. (b) Ornamental Trees : 2 .50 " caliper balled and burlap or equivalent. (c) Evergreen Trees : 8' height balled and burlap or equivalent. (2) Trees that meet one ( 1 ) or more of the following removal criteria shall be exempt from the requirements of this subsection unless they meet mitigation requirements provided in paragraph 3 .4 . 1 (E)( 1 ) of this Code : (c) Siberian elm less than eleven ( 11 ) inches DBH and Russian-olive or ash (Fraxinus species) less than eight (8) inches DBH ; (d) Russian-olive, and Siberian elm, and ash (all Fraxinus species) of wild or volunteer origin, such as those that have sprouted from seed along fence lines, near structures or in other unsuitable locations ; ( Russian-olive, and Siberian elm determined by the C t- J teF to be ]gy p^,. ^ ^ �.aa flditi (G) Tree Protection Specifications. The following tree protection specifications shalleffm be followed to the maximum extent feasible for all projects with protected existing trees . -7- Packet Pg . 161 Tree protection methods shall be delineated on the demolition plans and development plans . (2) All protected existing trees shall be pruned to the City of Fort Collins Forestry Division standards . (3 ) Prior to and during construction, barriers shall be erected around all protected existing trees with such barriers to be of orange construction or chain link fencing a minimum of four (4) feet in height, secured with metal T-posts, no closer than six (6) feet from the trunk or one-half (1/2) of the drip line, whichever is greater. Concrete blankets, or equivalent padding material, wrapped around the tree trunk(s) is recommended and adequate for added protection during construction. There shall be no storage or movement of equipment, material, debris or fill within the fenced tree protection zone. A tree protection plan must be submitted to and approved by the City Forester prior to any development occurring on the development site. (7) The installation of utilities, irrigation lines or any underground fixture requiring excavation deeper than six (6) inches shall be accomplished by boring under the root system of protected existing trees at a minimum depth of twenty-four (24) inches . The auger distance is established from the face of the tree (outer bark) and is scaled from tree diameter at breast height as described in the chart below. Low pressure hydro excavation, air spading or hand digging are additional tools/practices that will help reduce impact to the tree(s) root system when excavating at depths of twenty-four (24) inches or less . Refer to the Critical Root Zone (CRZ) diagram, Figure 2, for root protection guidelines. The CRZ shall be incorporated into and shown on development plans for all existing trees to be preserved. Tree Diameter at Breast Auger Distance From Height (inches) Face of Tree (feet) 0-2 1 1 3 -4 2 5-9 5 10- 14 10 15- 19 12 Over 19 15 Figure 2 -8- Packet Pg . 162 Critical Root Zone Diagram CRITICAL ROOT ZONES ( top view ) enteric Critical r Critical Root Zone ( CRZ ) is the distance from Root Zone KRZ ) the trunk that equals one foot for every inch Disturbance in this of the tree ' s diameter. For example : if the area would cause tree has a trunk 12 inches in diameter, the significant impact to CRZ is a 12 foot radius around the tree . the tree , potentially life threatening . I Critica Root Zone ( CRZ ) tree trunk Perimeter Critical Root Zone ( PCRZ ) The greater the disturbance in this area , the greater post care treatment is needed . (H) Placement and Interrelationship of Required Landscape Plan Elements . In approving the required landscape plan, the decision maker shall have the authority to determine the optimum placement and interrelationship of required landscape plan elements such as trees, vegetation, turf, irrigation, screening, buffering and fencing, based on the following criteria: (4) creating visual interest year-round; (I) Landscape Materials, Maintenance and Replacement (8) Restricted Species . City Forestry Division shall provide a list of specified tree species that shall not be planted within the limits of development and adjoining street right-of-way. For example, no ash trees (Fraxinus species) shall be planted due to the anticipated impacts of the emerald ash borer. -9- Packet Pg . 163 (9) Prohibited species . For prohibited species reference Chapter 27, Article II, Division 1 , Sec. 27- 18 of the Fort Collins Municipal Code . Section 7 . That Section 3 .2 . 1 (K) of the Land Use Code is hereby amended to read as follows : (K) Utilities and Traffic. Landscape, utility and traffic plans shall be coordinated. The following list sets forth minimum dimension requirements for the most common tree/utility and traffic control device separations . Exceptions to these requirements may occur where utilities or traffic control devices are not located in their standard designated locations, as approved by the Director. Tree/utility and traffic control device separations shall not be used as a means of avoiding the planting of required street trees . ( 1 ) Forty (40) feet between shade trees and streetlights. Fifteen ( 15) feet between ornamental trees and streetlights . (See Figure 23 .) Figure 23 Tree/Streetlight Separations SHADE TREES ORNAMENTAL TREES 40 ' f5 ' • AM SYMETLIGNT STAff rUGH (2) Twenty (20) feet between shade anWor oftiamental tfees and tfaffie eopAr-ol signs. ^flaMinimum of fifty (50) feet between street trees and stop/yield signs and traffic signals . Section 8 . That Section 3 .2 .4(D) of the Land Use Code is hereby amended to read as follows : 3.2 .4 Site Lighting - 10- Packet Pg . 164 (D) Design Standards . The lighting plan shall meet the following design standards : (5 ) Light sources must minimize contrast with the light produced by surrounding uses; and must produce an unobtrusive degree of brightness in both illumination l evelse and color rendition. incandescent and high h pressure sodium light selffiIVLJTrt-enV pr-o ide adequate 1111 ut11oH 'Ari low contrast and brightness and n are permitted light sources . ( 11 ) All lighting shall have a nominal correlated color temperature (CCT) of no greater than three thousand (3 , 000) degrees Kelvin. Section 9 . That Section 3 . 3 .2(E)( 1 )(e) of the Land Use Code is hereby amended to read as follows : (E) Required Improvements Prior to Issuance of Certificate of Occupancy. (e) Drainage. The construction of stormwater drainage facilities required by the approved Development Plan Documents must be consistent with the Stormwater Criteria Manual as it may be modified from time to time. Such stormwater drainage facility must be verified by an authorized City inspector at the appropriate phases of construction activities as specified in the Development Certification Checklist issued by Water Utilities Engineering and available on the City of Fort Collins website . from the TlepaAment inn iidinn but not limited t� (a) 1 n st.;4 tRTC i o r�}vv�*12n72A�Pe,Fif N ri,a iw.}.spee io by as v � y IR Tp ^ri FitQ' r--NClT\�] �the point of�iyv�lstallati C7T1„ ofr—hi outlet, u erdrain, geetreN�1bfaf1V�*�,^ • , • V1KlLGd i f «] ele, AY 1N Paft in � design detail set forththe Development Plan Do^euments, and sub base authofize fill ir. speetor at the point of installation of the Pa-yefs and fill joint material . 1 1 Packet Pg . 165 m it� �ri zed City inspeetor at the po4nt Af ingtn IIntiwR Af the-, utlet ) under-drain and n geomem-bFane layer- if included it whole of in pnrt in the desigi detnf . net fo.#h it the DeNze op fflept J2Jn4g nApi fne ltn and bane oo rse (lb)Installation of this facility was verified via i � ectio ,'I by wn aauth�Zed /~, JpeetBr—at—the pal ; vi4 of ; v+ nGAfl Cti©�f ahe pea grave course andsand an or ierr,ii sir n< marlin ln ) /Dr couFse (3 ) Extended Detention Basins : Installation of this facility was verified via. inspeetio by a authorized City , inspeetor at the point of e ffl e water quality control bw (es) ( )Undeg O rid TTeatment : Installation of this facility was veFified via inspeetio by a authorized City inspeeter at the point at whieh the feature in installed nstalle but not b ufie In the event of non-compliance, the City shall have the option to withhold building permits and/or certificates of occupancy or use any other legal remedy that may be provided in the City Code, the Land Use Code and/or the Development Agreement, as determined appropriate to ensure that the Developer properly installs all privately owned stormwater improvements associated with the development as specified in the Development Plan Documents. In addition, a "Drainage Certification" prepared by a Professional Engineer licensed in the State of Colorado must be provided. The "Certification" must confirm to the City that all stormwater drainage facilities required to serve the property have been constructed in conformance with the approved Development Plan Documents so as to protect downstream property and the quality of Stormwater runoff from the property to comply with the City' s Municipal Separate Storm Sewer System permit. Such certification must be in the form required by the City' s Stormwater Criteria Manual and Construction Standards , Section 10 . That Section 3 . 3 . 5 of the Land Use Code is hereby amended to read as follows : 3.3.5 - Engineering Design Standards The project must comply with all design standards, requirements and specifications for the following services as certified by the appropriate agency or variances must be granted by such agency: • water supply • sanitary sewer - 12- Packet Pg . 166 • mass transit • fire protection • flood hazard areas • telephone • walks/bikeways • irrigation companies • electricity • natural gas • storm drainage • cable television • streets/pedestrians • broadband/fiber optic Section 11 . That Section 3 .4 . 1 (D)( 1 )(e) of the Land Use Code is hereby amended to read as follows : 3.4. 1 Natural Habitats and Features (D) Ecological Characterization and Natural Habitat or Feature Boundary Definition . The boundary of any natural habitat or feature shown on the Natural Habitats and Features Inventory Map is only approximate . The actual boundary of any area to be shown on a project development shall be proposed by the applicant and established by the Director through site evaluations and reconnaissance, and shall be based on the ecological characterization of the natural habitat or feature in conjunction with the map . ( 1 ) Ecological Characterization Study. If the development site contains, or is within five hundred (500) feet of, a natural habitat or feature, or if it is determined by the Director, upon information or from inspection, that the site likely includes areas with wildlife, plant life and/or other natural characteristics in need of protection, then the developer shall provide to the City an ecological characterization report prepared by a professional qualified in the areas of ecology, wildlife biology or other relevant discipline. At least ten ( 10) working days prior to the submittal of a project development plan application for all or any portion of a property, a comprehensive ecological characterization study of the entire property must be prepared by a qualified consultant and submitted to the City for review. The Director may waive any or all of the following elements of this requirement if the City already possesses adequate information required by this subsection to establish the buffer zone(s), as set forth in subsection (E) below, and the limits of development ("LOD "), as set forth in subsection (N) below. The ecological characterization study shall describe, without limitation, the following: - 13 - Packet Pg . 167 (e) the pattern, species and location of all non-native trees and any signifieaRt B.A^ix-iru^twiPvTtHr-@@si inelu ling-Siberian edlir-aid Russimn. coo trees, as des Z 7 1 �7p-�)( 1 ) o� s Code ^ r � olive described _ 'T. .TC_ / \TTV� .Tti�ii +�, C[IIIT non vegetation that contribute to the site's ecological, shade, canopy, aesthetic and cooling value; Section 12 . That Section 3 .4 . 1 (E) of the Land Use Code is hereby amended to read as follows : 3.4. 1 Natural Habitats and Features (E) Establishment of Buffer Zones. Buffer zones surrounding natural habitats and features shall be shown on the project development plan for any development that is subject to this Division. The purpose of the buffer zones is to protect the ecological character of natural habitats and features from the impacts of the ongoing activity associated with the development. ( 1 ) Buffer Zone Performance Standards. The decision maker shall determine the buffer zones for each natural habitat or feature contained in the project site. The buffer zones may be multiple and noncontiguous . The general buffer zone distance is established according to the buffer zone table below, but the decision maker may shia44 reduce or- enlarge- any portion of the general buffer zone distance so long as the reduced buffer complies with if neees^ ^. der-to ennii�ure— ^* the performance standards set forth below ^ re aehie e . To mitigate a reduced portion of the buffer area, the decision maker may also enlarge any portion of the general buffer zone distance if necessary to ensure that the buffer complies with the performance standards set forth below. The buffer zone performance standards are as follows : (c) The project shall be designed to preserve s; ,.,,� existing trees and other- sign fiea t existing vegetation on that contribute to the site ' s ecological, shade, canopy, aesthetic, habitat and cooling value. Notwithstanding the requirements of Section 3 . 2 . 1 (F), all trees and vegetation within the Limits of Development must be preserved or, if necessary, mitigated based on the values established by the Ecological Characterization Study or the City Environmental Planner. Such mitigation, if necessary, shall - 14- Packet Pg . 168 include trees, shrubs, grasses, or any combination thereof, and must be planted within the buffer zone. Section 13 . That Section 3 . 5 .2(D) of the Land Use Code is hereby amended by the addition of a new subparagraph (3 ) which reads in its entirety as follows : (D) Relationship of Dwelling to Streets and Parking. (3 ) At least one door providing direct access for emergency responders from the outside into each individual single family attached dwelling must be located within one hundred fifty ( 150) feet from the closest emergency access easement or designated fire lane as measured along paved walkways. Neither an exterior nor interior garage door shall satisfy this requirement. Section 14 . That Section 3 . 8 . 17 (A)(2) of the Land Use Code is hereby amended to read as follows : 3 . 8. 17 Building Height (2) Building Height Measured in Stories . In measuring the height of a building in stories the following measurement rules shall apply: (a) A balcony or mezzanine shall be counted as a full story when its floor area is in excess of one-third ( 1 /3 ) of the total area of the nearest full floor directly below it. (b) No story of a commercial or industrial reseal building shall have more than twenty-five (25) feet from floor to floor. (c) A maximum vertical height of twelve ( 12) feet eight (8) inches shall be permitted for each residential story. This maximum vertical height shall apply only in the following zone districts : U-E; R-F ; R-L; L-M-N; M-M- N; N-C-L; N-C-M ; N-C-B ; R-C ; C-C-N; N-C ; and H-C . Section 15 . That Section 4 .4(B)(3)(e) of the Land Use Code is hereby amended by the addition of a new subparagraph (e) to read as follows : - 15 - Packet Pg . 169 (3 ) The following uses are permitted in the R-L District, subject to review by the Planning and Zoning Board: (e) Accessory / Miscellaneous Uses . 1 , Wireless Telecommunications Facilities , Section 16 . That Section 4 .4(D) of the Land Use Code is hereby amended by the addition of a new subparagraph (4) which reads in its entirety as follows : (4) Wireless Telecommunications Facilities. Wireless telecommunications facilities must be located on a non-residential parcel and installation must be mitigated by use of stealth techniques such as steeples, bell towers, grain silos, or similar means of disguising the appearance of the facilities to mitigate its visual impacts. Section 17 . That Section 4 . 7 of the Land Use Code is hereby amended to read as follows : DIVISION 4. 7 Neighborhood Conservation, Low Density District (N-C -L) (D) Land Use Standards. (2) Allowable Floor Area on Lots . (a) The allowable floor area shall be as follows : 2 . On a lot that is between five thousand (5 ,000) square feet and ten thousand ( 10,000) square feet, the allowable floor area for single- family dwellings and buildings accessory to single-family dwellings shall not exceed twenty (20) percent of the lot area plus one thousand ( 1 ,000) square feet. On a lot that is bot3vvee six tb etisan (6 ,000) square foot a-a tors thousand ( 10 ,000) nVar-o koot a additional t3yyo hundred un re fifty (250 square foot shall be adde 4'�r n detae od aeeessor-y nos:uet ro 3 . On a lot that is more than ten thousand ( 10,000) square feet, the allowable floor area for single-family dwellings and buildings - 16- Packet Pg . 170 accessory to single-family dwellings shall not exceed thirty (30) percent, plus two h. . o.A fifty (250) c+ qu rreiG tw fie A detnehed (5 ) Accessory Buildings With Habitable Space (or Potential Future Habitable Space). Any accessory building with water and/or sewer service shall be considered to have habitable space. Any person applying for a building permit for such a building shall sign and record with the Larimer County Clerk and Recorder an affidavit stating that such accessory structure shall not be used as a dwelling unit. All applicable building permits issued for such buildings shall be conditioned upon this prohibition. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum of six hundred (600) square feet of floor area. Floor area shall include all floor space within the basemel t A ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (71/2) feet and basement floor area where any exterior basement wall is exposed by more than three (3) feet above the existing grade at the interior side lot line adjacent to the wall. Such accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures . (6) Accessory Buildings Without Habitable Space. Any accessory building without water and/or sewer service, which has not been declared to contain habitable space by the applicant, shall not exceed a total floor area of six hundred (600) square feet. Floor area shall include all floor space (including basement ase e t span. A within the ground floor plus that portion of the floor area of any second story building--having a ceiling height of at least seven and one -half (7 %) feet and basement floor area where any exterior basement wall is exposed by more than three (3) feet above the existing grade at the interior side lot line adjacent to the wall. (E) Dimensional Standards. (5 ) Maximum building height shall be two (2) stories, except in the case of a detached dwelling unit at the rear of the lotfoF carriage houses, and accessory buildings eentaining habitable spaee, whieh shall be a maximijm of one and one half ( I 17 _) stories (F) Development Standards. (2) Bulk and Massing - 17- Packet Pg . 171 (a) Building Height. 1 . Maximum building height shall be two (2) stories, except in the case of a detached dwelling unit at the rear of the lot ege houses and accessory buildings eonaixing habitable spae ieh steal be n maximum of one and one half ( 1 1 /2) stories (b) Eave Height. 1 . The exterior eave height of an eave along a side lot line shall not exceed thirteen ( 13 ) feet from grade for a dwelling unit located at the rear of the lot or an accessory building with habitable space. An eave of a dormer or similar architectural feature may exceed thirteen ( 13 ) feet if set back two (2) feet from the wall below and does not exceed twenty-five (25) percent of the wall length. 2 . The exterior eave height of an eave along a side lot line shall not exceed ten ( 10) feet from grade for an accessory building containing no habitable space. An eave of a dormer or similar architectural feature may exceed ten ( 10) feet if set back two (feet) from the wall below and does not exceed 25 % of the wall length. 3 . The maximum eave height is measured at the minimum setback from an interior side-yard lot line and can be increased at a ratio of six (6) inches of additional building height for each one ( 1 ) foot of setback from the interior side property line. -34 . If a second story has an exterior wall that is set back from the lower story's exterior wall, the eave height shall be the point of an imaginary line at which the upper story's roofline (if extended horizontally) would intersect with the lower story' s exterior wall (if extended vertically) . - 18 - Packet Pg . 172 24' s _ s fj , _ S IU c s � f I t Section 18 . That Section 4 . 8 of the Land Use Code is hereby amended to read as follows : DIVISION 4.8 Neighborhood Conservation, Medium Density District (D) Land Use Standards. ( 1 ) Required Lot Area. Minimum lot area shall not be less than the following: five thousand (5 ,000) square feet for a single-family or two-family dwelling and six thousand (6,000) square feet for all other uses . (2) Allowable Floor Area on Lots . (a) The allowable floor area shall be as follows : 1 . On a lot of less than four thousand (4,000) square feet, the allowable floor area for single-family dwellings and buildings accessory to single-family dwellings shall not exceed fifty (50) percent of the lot area. - 19- Packet Pg . 173 2 . On a lot that is between four thousand (4,000) square feet and ten thousand ( 10,000) square feet, the allowable floor area for single- family dwellings and buildings accessory to single-family dwellings shall not exceed twenty-five (25 ) percent of the lot area plus one thousand ( 1 ,000) square feet. O. B. n ' ^* +hn+ is L.o*.� .00� n . - - thousand (6 ,000) square font and to thousand ( 10 ,000) sq aro Fan+ nv. ndditi MI 4FTAV hundred fifty (750 nqiinro foot shall he nrl .a aa . .] 4'�r n detached accessory striictme 3 . On a lot that is more than ten thousand ( 10,000) square feet, the allowable floor area for single-family dwellings and buildings accessory to single-family dwellings shall not exceed thirty-five (35) percent of the lot area, plus twe :hundred fifty (250) n ,,, , nro feed for a detached etache accessory building. 4 . The allowable floor area for buildings containing permitted uses other than single-family dwellings and buildings accessory to single-family dwellings shall not exceed forty (40) percent of the lot area. (5 ) Accessory Buildings With Habitable Space (or Potential Future Habitable Space). Any accessory building with water and/or sewer service shall be considered to have habitable space. Any person applying for a building permit for such a building shall sign and record with the Larimer County Clerk and Recorder an affidavit stating that such accessory structure shall not be used as a dwelling unit. All building permits issued for such buildings shall be conditioned upon this prohibition. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum of six hundred (600) square feet of floor area. Floor area shall include all floor space within the base,ment an ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7 %) feet and basement floor area where any exterior basement wall is exposed by more than three (3 ) feet above the existing grade at the interior side lot line adjacent to the wall . Such accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. (6) Accessory Buildings Without Habitable Space. Any accessory building without water and/or sewer service, which has not been declared to contain habitable space by the applicant, shall not exceed a total floor area of six hundred (600) square feet. Floor area shall include all floor space (ifie , , , ing base en4 spncol within the ground floor plus that portion of the floor area of any second story buildin aving a ceiling height of at least seven and one -half (71/2) feet and basement floor area where any exterior basement wall is exposed by more than -20- Packet Pg . 174 three (3 ) feet above the existing grade at the interior side lot line adjacent to the wall. (E) Dimensional Standards. (5 ) Maximum building height shall be two (2) stories, except in the case of a detached dwelling unit at the rear of the lot for homes and accessory buildings eentaining habitable spaeo, vhieh slh. " ' nte�te Afflfle'-a„ �'�-h. 'AI ( 1 1 2) stories (F) Development Standards. (2) Bulk and Massing. (a) Building Height. 1 . Maximum building height shall be two (2) stories , except in the case of a detached dwelling unit at the rear of the lot forge houses and accessory buildings containing ti ' ta1 1 A We, whici shn11 be 1 . mitedd to oro faro one half ( I 1 2) stories (b) Eave Height. 1 . The exterior eave height of an eave along a side lot line shall not exceed thirteen ( 13) feet from grade for a dwelling unit located at the rear of the lot or an accessory building with habitable space . An eave of a dormer or similar architectural feature may exceed thirteen ( 13 ) feet if set back two (2) feet from the wall below and does not exceed twenty-five (25) percent of the wall length. 2 . The exterior eave height of an eave along a side lot line shall not exceed ten ( 10) feet from grade for an accessory building containing no habitable space. An eave of a dormer or similar architectural feature may exceed ten ( 10) feet if set back two (2) feet from the wall below and does not exceed twenty-five (25 ) percent of the wall length. 3 . The maximum eave height is measured at the minimum setback from an interior side-yard lot line and can be increased at a ratio of -21 - Packet Pg . 175 six (6) inches of additional building height for each one ( 1 ) foot of setback from the interior side property line. -34. If a second story has an exterior wall that is set back from the lower story's exterior wall, the eave height shall be the point of an imaginary line at which the upper story's roofline (if extended horizontally) would intersect with the lower story's exterior wall (if extended vertically) . Section 19 . That Section 4 . 9 of the Land Use Code is hereby amended to read as follows : DIVISION 4.9 Neighborhood Conservation Buffer District (N-C-B) (D) Land Use Standards. (3 ) Accessory Buildings With Habitable Space (or Potential Future Habitable Space) . Any accessory building with water and/or sewer service shall be considered to have habitable space. An applicant may also declare an intent for an accessory building to contain habitable space. Any person applying for a building permit for such a building shall sign and record with the Larimer County Clerk and Recorder an affidavit stating that such accessory structure shall not be used as a dwelling unit. All building permits issued for such buildings shall be conditioned upon this prohibition. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum six hundred (600) square feet of floor area. Floor area shall include all floor space within the basement and ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7 %) feet and basement floor area where any exterior basement wall is exposed by more than three (3 ) feet above the existing grade at the interior side lot line adjacent to the wall . Such accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures . (4) Accessory Building without Habitable Space. Any accessory building without water and/or sewer service, which has not been declared to contain habitable space by the applicant, shall not exceed a total floor area of six hundred (600) square feet. Floor area shall include all floor space (including basement spnnoA within ground floor plus that portion of floor area of any second story the btlildiff having a ceiling height of at least seven and one-half (7 '/2) feet and basement floor -22- Packet Pg . 176 area where any exterior basement wall is exposed by more than three (3 ) feet above the existing grade at the interior side lot line adjacent to the wall. (E) Development Standards. ( 1 ) Building Design. (e) Front porches shall be limited to one ( 1 ) story, and the front facades of all single- and two-family dwellings shall be no higher than two (2) stories, except in the case of a detached dwelling unit at the rear of the lot-for eaffi ge houses and accessory buildings containing habitable spaeo, whiEh steal be limite to ore- and n onehalf al ( I V2) stori oc (2) Bulk and Massing. (a) Building Height. 1 . Maximum building height shall be three (3 ) stories, except in the case of a detached dwelling unit at the rear of the lot for eafriage houses and accessory buildings eontain: ng habitable spaEo whieh steal be limited imite to one and n one half ( 1 1 /2) stori oc (b) Eave Height. 1 . The exterior eave height of an eave along a side lot line shall not exceed thirteen ( 13 ) feet from grade for a dwelling unit located at the rear of the lot or an accessory building with habitable space. An eave of a dormer or similar architectural feature may exceed thirteen ( 13 ) feet if set back two (2) feet from the wall below and does not exceed twenty-five (25) percent of the wall length. 2 . The exterior eave height of an eave along a side lot line shall not exceed ten ( 10) feet from grade for an accessory building containing no habitable space. An eave of a dormer or similar architectural feature may exceed ten ( 10) feet if set back two (2) feet from the wall below and does not exceed twenty-five (25 ) percent of the wall length . 3 . The maximum eave height is measured at the minimum setback from an interior side-yard lot line and can be increased at a ratio of -23 - Packet Pg . 177 six (6) inches of additional building height for each one ( 1 ) foot of setback from the interior side property line . -34 . If a second story has an exterior wall that is set back from the lower story's exterior wall, the eave height shall be the point of an imaginary line at which the upper story's roofline (if extended horizontally) would intersect with the lower story' s exterior wall (if extended vertically) . Section 20 . That Section 4 .22(B)(2)(c)28 of the Land Use Code is hereby amended to read as follows : (c) Commercial/Retail Uses : 28 . Enclosed mini-storage facilities , if located at least two hundred (200) feet fir '�nege Avenue of one hundred fifty ( 150) feet from South College Avenue, Section 21 . That the definition "Neighborhood center" contained in Section 5 . 1 .2 of the Land Use Code is hereby amended to read as follows : Neighborhood center shall mean a combination of at least two (2) ^ onr-es denti ' uses and an outdoor space, which together provide a focal point and a year -round meeting place for a Low Density Mixed Us"neighborhood as listed in the Low Density Mixed-Use Neighborhood zone district. Introduced, considered favorably on first reading, and ordered published this 4th day of June, A.D . 2019, and to be presented for final passage on the 2nd day of July, A.D . 2019 , Mayor Pro Tem ATTEST : City Clerk -24- Packet Pg . 178 Passed and adopted on final reading on the 2nd day of July, A.D . 2019 . Mayor ATTEST : City Clerk -25 - Packet Pg . 179 ORDINANCE NO . 078 , 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY OF FORT COLLINS LAND USE CODE REGARDING COMMUNITY DEVELOPMENT AND NEIGHBORHOOD SERVICES DIRECTOR VARIANCES TO CERTAIN LAND USE CODE STANDARDS WHEREAS, on December 2 , 19971 by its adoption of Ordinance No . 190, 1997 , the City Council enacted the Fort Collins Land Use Code (the "Land Use Code") ; and WHEREAS , at the time of the adoption of the Land Use Code, it was the understanding of staff and the City Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS , since its adoption, City staff and the Planning and Zoning Board have continued to review the Land Use Code and identify and explore various issues related to the Land Use Code and have now made new recommendations to the Council regarding the Community Development and Neighborhood Services Director determining certain variances to the Land Use Code; and WHEREAS , on May 16, 2019, the Planning and Zoning Board unanimously recommended that City Council adopt the Land Use Code changes set forth herein; and WHEREAS , the City Council has determined that the recommended Land Use Code amendments are in the best interests of the City and its citizens . 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 Division 2 . 10 of the Land Use Code is hereby amended to read as follows : DIVISION 2. 10 - VARIANCES (BV T-14E ZONING BOARD OF APPEALS) 2. 10.2 Variances By the Director (A) The Director shall be authorized to grant the following types of variances, subject to the variance review procedure in Section 2 . 10 .4 below: - 1 - Packet Pg . 180 ( 1 ) Setback encroachment of up to ten ( 10) percent. (2) Fence height increase of up to one ( 1 ) foot. (3 ) In the N-C-L, N-C-M, and N-C-B zone districts, the allowable floor area in the rear half of the lot increase of up to ten ( 10) percent, provided the amount of increase does not exceed the allowable floor area for the entire lot. (4) Building height increase of up to one ( 1 ) foot. (B) The Director may refer any variance described in (A) above to the Zoning Board of Appeals for review and decision. 2. 10.3 Variances By the Zoning Board of Appeals The Zoning Board of Appeals shall be authorized to grant all variances not subject to the Director' s review in Section 2 . 10 .2(A) and those referred by the Director. The Zoning Board of Appeals shall follow the variance review procedure in Section 2 . 10 .4 below . 2. 10.24 Variance Review Procedures (F) Step 6 (Notice) : For variances reviewed by the Director or the Zoning Board of Appeals Ssubsection 2 . 2 . 6(A) only applies, except that a variance reviewed by the Director shall require mailed written notice ( 14) days prior to the decision instead of the hearing/meeting date and for variances reviewed by the Director or the Zoning Board of Appeals, "eight hundred (800) feet" shall be changed to "one hundred fifty ( 150) feet," and for single-family houses in the NCL and NCM zone districts, eight hundred (800) feet shall be changed to five hundred (500) feet for variance requests for: (G) Step 7(A) (Decision Maker) : Not applicable, and in substitution for Section 2 .2 . 7(A), the Director or Zoning Board of Appeals , pursuant to Chapter 2 of the City Code, shall review, consider and approve, approve with conditions, or deny applications for variance based on its compliance with all of the standards contained in Step 8 . Step 7(B)—(G) (1) Zoning Board of Appeals Review Only (Conduct of Public Hearing, Order of Proceedings at Public Hearing, Decision and Findings, Notification to Applicant, Record of Proceedings, Recording of Decisions and Plats, Filing with City Clerk) : Applicable . -2- Packet Pg . 181 Step 7(B)—(C) and (E)—(G) (1) Director Review Only (Conduct of Public Hearing, Order of Proceedings as Public Hearing) : Not applicable. Step 7(D) Director Review Only (Decision and Findings) : Applicable and in substitution thereof, the Director shall issue a written decision to approve, approve with conditions, or deny the variance request. The written decision shall be mailed to the applicant and to the property owners to whom notice was originally mailed and shall also be posted on the City' s website at www. fcgov. com. (H) Step 8 (Standards) : Applicable, and the Director or Zoning Board of Appeals may grant a variance from the standards of Articles 3 and 4 only if it finds that the granting of the variance would neither be detrimental to the public good nor authorize any change in use other than to a use that is allowed subject to basic development review; and that: (K) Step 11 (Lapse) : Any variance "that applies to the issuance of a Building Permit shall expire six (6) months after the date that such variance was granted, unless all necessary permits have been applied for obtaine ; provided, however, that for good cause shown, the Director Zoning Board of ^ rpe may authorize a longer term if such longer term is reasonable and necessary under the facts and circumstances of the case, but in no event shall the period of time for applying for all necessary permits under a variance exceed twelve ( 12) months in length. One ( 1 ) six-month extension may be granted by the Director Zoning Boaffd. of Appeals . (L) Step 12 (Appeals) : ( 1 ) Applicable and in substitution thereof, variances decided by the Director are appealable to the Zoning Board of Appeals . Any such appeal must be initiated by filing a notice of appeal of the final decision of the Director within 14 days after the decision that is the subject of the appeal . The appeal hearing before the Zoning Board of Appeals shall be considered a new, or de novo , hearing. The decision of the Zoning Board of Appeals on such appeals shall constitute a final decision appealable to City Council pursuant to Section 2 . 2 . 12 (Step 12) . (2) Applicable to variances reviewed by the Zoning Board of Appeals . -3 - Packet Pg . 182 Introduced, considered favorably on first reading, and ordered published this 4th day of June, A.D . 2019, and to be presented for final passage on the 2nd day of July, A.D . 2019 . Mayor Pro Tem ATTEST : City Clerk Passed and adopted on final reading on the 2nd day of July, A . D . 2019 . Mayor ATTEST : City Clerk -4 - Packet Pg . 183 13 Agenda Item 13 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Jason Licon , Airport Director Judy Schmidt, Legal SUBJECT First Reading of Ordinance No . 079 , 2019 , Authorizing Execution of a Deed of Dedication to the City of Loveland for the Extension of Rockwell Avenue Across Jointly Owned City and City of Loveland Property at the Northern Colorado Regional Airport. EXECUTIVE SUMMARY The purpose of this item is to dedicate to the City of Loveland the right-of-way for extension of Rockwell Avenue across jointly owned Airport property. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading . BACKGROUND / DISCUSSION In connection with development of real property adjacent to the Airport , the City of Loveland wishes to extend Rockwell Avenue from its current terminus over and across a portion of the jointly owned Airport property, requiring dedication of approximately 1 . 3 acres for right-of-way purposes . A map showing the location of the parcel to be dedicated and the adjacent development property is included as Attachment 1 . The cost of constructing approximately 700 feet of the anticipated future extension will be borne by the developer of the adjacent property, with no financial contribution by the Airport. The full extension of Rockwell Avenue is reflected on the Council -approved 2007 Airport Master Plan for future aviation needs . This partial extension will benefit the Airport and is consistent with the Federal Aviation Administration 's ( FAA) regulations and the Airport's grant assurances to the FAA. After this initial extension , the remaining portion of Rockwell Avenue will , when completed in the future , provide access to a part of the Airport planned for future aviation development. This dedication by the City without compensation serves a bona fide public purpose by providing a portion of the planned expanded access to the Airport, which will enable further development of Airport property jointly owned by the City and satisfies the criteria in City Code Section 23- 111 for disposition of a property interest without payment of fair market value because it will : ( 1 ) promote the health , safety or general welfare and benefits a significant segment of the citizens of Fort Collins by enhancing the accessibility, developability and value of the Airport owned and operated jointly by the City; (2 ) support one ( 1 ) or more of the City Council 's goals , adopted policies , projects or plans , specifically the 2007 Airport Master Plan that depicts the eventual extension of the roadway to serve future Airport development on jointly- owned property; Item # 13 Page 1 Packet Pg . 184 13 Agenda Item 13 (3) provide financial support that is leveraged with other funding or assistance , specifically, funding of construction costs by the developer, and maintenance and upkeep by the City of Loveland ; (4) not result in any direct financial benefit to any private person or entity, except to the extent such benefit is only an incidental consequence and is not substantial relative to the public purpose being served , specifically construction cost for this portion of the extension will be solely borne by the developer while benefiting the jointly-owned Airport property, the developer, the public, and the Cities ; and ( 5 ) not interfere with current City projects or work programs , hinder workload schedules or divert resources needed for primary City functions or responsibilities . CITY FINANCIAL IMPACTS There are no financial impacts to the City. BOARD / COMMISSION RECOMMENDATIONS At its May 16 , 2019 meeting , the Northern Colorado Regional Airport Commission adopted a resolution recommending that the City Council approve this deed of dedication for Airport property to extend Rockwell Avenue . (Attachment 3) ATTACHMENTS 1 . Airpark North Subdivision Location Map ( PDF ) 2 . Northern Colorado Regional Airport Resolution R- 1 -2019 (PDF ) Item # 13 Page 2 Packet Pg . 185 ATTACHMENT 1 13 . 1 . - � ' > r". - ! i I ti F +I ti _ I O AvA 41 _ •r' r' c� s d y a ' . E s jw rA IY ._ ,ntCL y� 00 � SZ U f Ld4 o 0' S o u Bb& I , i � Detentio G�R nMOOGIfsF�6�3 9U � [�lOOON I �n Rockwell Ave Extension > 01 \` oLa S ROW 700 ft . X 80 ft . Rockwell Ave . . q.� Cv CD,, Aeronautical : Detention � y,� 1 , •� Development 10ai R � Q 1 •� \\. 1 ZY�'e '� `` fl ILI E Cu 0 . 25 Miles ` 7 ''. ► Packet Pg . 186 ATTACHMENT 2 13.2 RESOLUTION # R41 2019 A RESOLUTION RECOMMENDING THAT THE CITIES OF FORT COLLINS AND LOVELAND AUTHORIZE AND EXECUTE A DEED OF DEDICATION FOR AIRPORT PROPERTY TO EXTEND ROCKWELL AVENUE 0 WHEREAS, the Cities of Fort Collins and Loveland (the "Cities") currently operate and maintain the Northern Colorado Regional Airport (the "Airport") pursuant to that certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins- o Loveland Airport dated January 22, 2015 (the "IGA"), which established the Northern Colorado 3 Regional Airport Commission (the "Commission") as the Airport governance structure; and 0 WHEREAS, the Cities are joint owners of the Airport property, although the Airport is t located within the jurisdictional boundaries of the City of Loveland; and 0a L_ Q WHEREAS, a development known as Airpark North First Subdivision to the north of the Tom Airport is in the process of finalizing a plat, and for such development, the developer must c extend existing Rockwell Avenue onto Airport property in order to connect Rockwell Avenue to °—° Rickenbacker Road. Rockwell Avenue currently ends at the boundary of Airport property; however, the Airport Master Plan shows Rockwell Avenue being extended onto the Airport N property to serve future development on the Airport; and _ WHEREAS, in order to extend Rockwell Avenue onto the Airport property, the land for such right-of-way must be dedicated by the two Cities to Loveland as Rockwell Avenue will be a c Loveland owned and maintained street. The two Cities as joint property owners will be required to sign a deed of dedication dedicating such land to the City of Loveland as right-of-way; and 0 a WHEREAS, the Airport, and accordingly the two Cities, will benefit from the extension Q of Rockwell Avenue onto the Airport property. The developer will also be required to pay a cash-in-lieu payment for its frontage of the remaining roadway to be constructed in the future o which will serve Airport development; and WHEREAS, the Commission recommends to the two Cities that they approve and take '0a action to execute the required deed of dedication to permit the extension of Rockwell Avenue c onto Airport property. v NOW THEREFORE BE IT RESOLVED BY THE NORTHERN COLORADO REGIONAL AIRPORT COMMISSION AS FOLLOWS . t 0 z Section 1 . That the Commission recommends that the Cities of Fort Collins and Loveland approve and execute a deed of dedication to the City of Loveland as necessary to E extend Rockwell Avenue onto Airport property for the Airpark North First Subdivision development and future Airport development. Q Section 2. That this Resolution shall be effective as of the date and time of its adoption. Packet Pg . 187 13 .2 ADOPTED this 16`h day of May, 2019. e Troxell, Chair of the Northern Colorado Regional Airport Commission o Ip �a ATTEST : m 0 a� 3 Y V Secretary 0 rm 0 APPROV1-11 ) AS *10 I:O[Z \ 1 : t c A a - AVLO istant C' it � Attornev o ao rn T Q N NT I.L 0 0 0 L 'a 0 a� 0 �a L 0 0 U L 0 Z E V Q Packet Pg . 188 ORDINANCE NO . 07% 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING EXECUTION OF A DEED OF DEDICATION TO THE CITY OF LOVELAND FOR THE EXTENSION OF ROCKWELL AVENUE ACROSS JOINTLY OWNED CITY AND CITY OF LOVELAND PROPERTY AT THE NORTHERN COLORADO REGIONAL AIRPORT WHEREAS , in 1963 , the City of Fort Collins ("City") and the City of Loveland ("Loveland") (collectively, the "Cities") established a regional general aviation facility and became the joint owners and operators of the Northern Colorado Regional Airport (the "Airport") ; and WHEREAS, the Cities currently operate and maintain the Airport pursuant to that certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins - Loveland Airport dated January 22 , 2015 , as amended (the "IGA"); and WHEREAS, in connection with development of real property adjacent to the Airport, the City of Loveland wishes to extend Rockwell Avenue from its current terminus over and across a portion of the jointly owned Airport property and wishes to acquire the City's fee interest in a portion of a jointly owned parcel of land consisting of 1 . 3 acres in size, more specifically described on Exhibit "A", attached hereto and incorporated herein by reference (the "Dedication Parcel") for right-of-way purposes; and WHEREAS , the Dedication Property will serve as a planned extension of Rockwell Avenue, benefitting the Airport and the City as a joint owner, allowing a secondary access point into the Airport from the north, and reducing the Cities ' future obligations to extend the initial 700 foot portion of the road for access ; and WHEREAS , City Code Section 23 - 111 provides that the City Council is authorized to sell, convey or otherwise dispose of an interest in real property owned by the City, provided the Council first finds by ordinance that such sale or disposition serves a bona fide public purpose because it meets the five criteria set forth therein; and WHEREAS , Council determines that conveyance of the City' s fee interest in the Dedication Parcel to Loveland for right-of-way purposes without requiring Loveland pay compensation to the City serves a bona fide public purpose of providing a portion of the planned expanded access to the Airport, which will enable further development of Airport property jointly owned by the City because the initial 700 foot extension of Rockwell Avenue thereon will : ( 1 ) promote the health, safety or general welfare and benefits a significant segment of the citizens of Fort Collins by enhancing the accessibility, developability and value of the Airport owned and operated jointly by the City; (2) support one ( 1 ) or more of the City Council's goals, adopted policies, projects or plans, specifically the 2007 Airport Master Plan that depicts the eventual - 1 - Packet Pg . 189 extension of the roadway to serve future Airport development on jointly-owned property; (3 ) provide financial support that is leveraged with other funding or assistance, specifically funding of construction costs by the developer and maintenance and upkeep of the right-of-way by the City of Loveland; (4) not result in any direct financial benefit to any private person or entity, except to the extent such benefit is only an incidental consequence and is not substantial relative to the public purpose being served, specifically construction cost for this portion of the extension will be solely borne by the developer while benefiting the jointly-owned Airport property, the developer, the public, and the Cities; and (5) not interfere with current City projects or work programs, hinder workload schedules or divert resources needed for primary City functions or responsibilities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That City Council hereby makes any and all determinations and findings contained in the recitals set forth, and specifically finds that the conveyance of the Dedication Parcel is in the best interests of the City, serves a bona fide public purpose and meets the requirements of City Code Section 23 - 111 for the reasons set forth therein. Section 2 . That the City Council hereby authorizes the Mayor to execute such documents of conveyance as are necessary to convey the Dedication Parcel to the City of Loveland upon the terms and conditions described above, and subject to such other terms and conditions as the City Manager, in consultation with the City Attorney, determines are in the best interest of the City. Introduced, considered favorably on first reading, and ordered published this 4th day of June, A.D . 2019, and to be presented for final passage on the 2nd day of July, A.D . 2019 . Mayor Pro Tem ATTEST : City Clerk -2- Packet Pg . 190 Passed and adopted on final reading on the 2nd day of July, A . D . 2019 . Mayor ATTEST : City Clerk - 3 - Packet Pg . 191 EXHIBIT A LEGAL DESCRIPTION AND DEPICTION OF DEDICATION PARCEL PROPERTY DESCRIPTION Public Right-of-Way Being part of 'fract B of Barnstorm 2nd Addition as recorded August 12, 1986 as Reception No. 86044345 of the Records of Larimer County, located in the Southeast Quarter (SE 1 /4) of Section Twenty-eight (28), Township Six North (T. 6N. ), Range Sixty-eight West ( R.68W. ) of the Sixth Principal Meridian (6th P.M .), City of Loveland, County of Larimer, State of Colorado and being more particularly described as follows: BEGINNING at the East Quarter corner of said Section 28 and assuming the North line of said SE 1 /4 as bearing North 87°33 '44" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011 , a distance of 2635 .84 feet with all other bearings contained herein relative thereto; THENCE along the cast line of said SE 1 /4, South 00°07'44" West a distance of 80.06 feet to a line parallel with and 80.00 feet South of, as measured at a right angle to the North line of said SE 1 /4; THENCE along said parallel line. North 87°33 '44" West, a distance of 706. 10 feet; THENCE North 02026' l6" East a distance of 80.00 feet to said North line of Section 28; THENCE along North line, South 87°33 '44" East a distance of 802.87 feet to the POINT OF BEGINNING. 0 tY O Said described parcel of land contains 56,359 Square Feet or 1 .294 Acres, more or less (f), and is c subject to any rights-of-way or other easements of record or as now existing on said described 0 parcel of land. ca a� a� 3 U 0 W rm 0 SURVEYORS STATEMENT L Q 1, Paul B. Groves, a Colorado Licensed Professional Land Surveyor do hereby state that this N Property Description was prepared under my personal supervision and checking, and that it is true LO 0 and correct to the best of my knowledge and belief. 00 a aP,00 L /CR +r X J4 cn : W a 382 9 : o E Si ••0 ease J ONA L L At40 �C1 cC Paul B. Groves - on behalf of King Surveyors Q Colorado Licensed Professional Land Surveyor #38209 KING SURVEYORS 650 East Garden Drive Windsor, Colorado 80550 (970) 686-5011 U:\20170864\DESCRIPTIONS\20170g64 ROW.doc Page I or 2 RIGHT - OF - WAY EXHIBIT EXHIBIT A SE 1 / 4 , SEC . 28 , T. 6N . , R . 68W . PAGE 2 OF 2 ' o100 50 0 100 � I 1 ' = 100 ' I Q L 1_ POINT OF BEGINNING I E 1 /4 COR. I SEC. 28, T.6N . , R . 68W. LINE TABLE 80' PUBLIC LINE BEARING LENGTH RIGHT-OF-WAY 56,359 ry L1 S00'07'44"W 80. 06 1 .294 acres 1 L2 N02026' 16"E 80. 00' I INTERSTATE i. o LAND HOLDINGS N REc 201110059231 0 ' O � 3 W c NOTE : This exhibit drawing is not intended to be a v O I Ira monumented land survey. Its sole purpose is as a r7 . V graphic representation to aid in the visualization of n I the written property description which it as 0 0) accompanies. The written property description (n supersedes the exhibit drawing . _ 7RACI'B 3 BARM7ORM v I 2ADADDFHOjV p NOTICE : According to Colorado law you must commence any legal action based upon any defect I I in this survey within three years after you first 0 discover such defect . In no event may any action ^ � ) CL L based upon any defect in this survey be commenced more than ten years from the date of Z n; ' Q the certification shown hereon . ( 13- 80 - 105 C . R.S. w `%q N 2012) m 3 o `v 0000 a En N ' Q Q n �+ 07 " z ) 1 L2 W + I Np00 L /C N - 0 �" 13 Y 38,209 e ¢91 61 a Q s QD /O ••• ••• • 5 Z 04L LAN0 CENTER 1 /4 COR . Paul B. Groves — On Behalf Of King Surveyors SEC. 28, T. 6N . , Colorado Licensed Professional 7R. 68W. Land Surveyor #38209 KING SURVEYORS PROJECT NO : 20170864 650 E. Garden Drive I Windsor, Colorado 80550 DATE : 4/5 /2019CLIEN phone: (970) 686-501 1 1 fax : (970) 686-5821 SON STEWART DWG : T :T : SANDER SANDER ROW email : contact@KingSurveyors.com DRAWN : DRS CHECKED : PBG 14 Agenda Item 14 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Jim McDonald , Cultural Services Director Jody Hurst, Legal SUBJECT Resolution 2019-068 Approving Fort Fund Grant Disbursements . EXECUTIVE SUMMARY The purpose of this item is to approve Fort Fund grants from the Cultural Development and Programming and Tourism Programming Accounts for the selected community events , based upon the recommendations of the Cultural Resources Board . STAFF RECOMMENDATION Staff recommends adoption of the Resolution . BACKGROUND / DISCUSSION The Fort Fund grant program , established in 1989 , disburses lodging tax revenues deposited in the City's Cultural Development and Programming Account and the Tourism Programming Account in accordance with the provisions of Section 25-244 of the City Code , where 25% of the revenue from the lodging tax fund is applied to the Cultural Development and Programming Account and 5% of revenue from lodging tax is dedicated to the Tourism Programming Account. Local non -profit organizations may apply to Fort Fund for cultural and/or tourism event support . The Cultural Resources Board is authorized to review grant applications based on approved guidelines and make recommendations for Fort Fund disbursements to City Council , pursuant to Section 2-203 (2) of the City Code . Fort Fund grants support arts and cultural events that enrich the creative vitality of the community, promote local heritage and diversity, provide opportunities for arts and cultural participation , help promote Fort Collins as a cultural center and tourist destination , have wide appeal for a significant part of the community, and promote the health and well-being of all residents and visitors . April 2019 Funding Session At its April 25 , 2019 , funding session , the Cultural Resources Board reviewed 19 Project Support applications with total requests equaling $ 199 , 000 . 17 applications were found eligible and recommended for funding for $ 140 , 000 . The following table summarizes the project support requests , available funds and grant award amounts : Grant Requests Available Funds Grant Awards $ 199 , 000 $ 140 , 000 $ 140 , 000 The Cultural Resources Board reviewed nine Organizational Support applications with total requests equaling $360 , 000 . Nine applications were found eligible and recommended for funding for $224 , 840 . Item # 14 Page 1 Packet Pg , 194 14 Agenda Item 14 The following table summarizes the organizational support requests , available funds and grant award amounts : Grant Requests Available Funds Grant Awards $360 , 000 $2255000 $224 , 840 The Cultural Resources Board scored each application using the funding criteria outlined in the Fort Fund Guidelines and discussed the applications at its April 25 , 2019 meeting . The Board discussion is outlined in the draft minutes (Attachment 1 ) . The Board is recommending disbursement of $364 , 840 to the eligible applicants as outlined in Exhibit A to the Resolution . CITY FINANCIAL IMPACTS The Fort Fund grant program , established in 1989 , disburses lodging tax revenues deposited in the City's Cultural Development and Programming Account and Tourism Programming Account in accordance with the provisions of Section 25-244 of the City Code . This Resolution would distribute $364 , 840 from the Cultural Development and Programming Account and Tourism Programming Account to local non- profit organizations . Each grantee organization must provide funds to match the grant amount. These funds were budgeted and appropriated in the 2019 budget . Lodging tax is collected pursuant to Section 25-242 of the City Code . BOARD / COMMISSION RECOMMENDATION The Cultural Resources Board is presenting these recommendations to City Council for programs and organizations to receive funding at the recommended grant amounts from the Cultural Development and Programming Account and Tourism Programming Account. Exhibit A to Resolution 2019-067 presents the allocations recommended by the Cultural Resources Board to the City Council for Project Support and Organizational Support funding . ATTACHMENTS 1 . Cultural Resources Board minutes , April 25 , 2019 (draft) (PDF ) Item # 14 Page 2 Packet Pg . 195 ATTACHMENT 1 14 . 1 MINUTES Fort Collins BoatCITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions Cultural Resources Board FUNDING SESSION Thursday , April 25 , 2019 — 5 : 00 p . m . Lincoln Center, Columbine Room T 0 1 . ALL TO ORDER : 5 : 00 P . M . N L 2 , ROLL CALL a • Board Members Present - Mr . Will Flowers , Ms . Jane Folsom , Ms . Lili Francuz , U. Ms . Tedi Cox , Ms . Jennifer Zidon , Ms . Vicki Fogel Mykles , Mr. Jesse Solomon o • Board Members Absent - None um • Staff Members Present - Mr. Jim McDonald , Ms . Liz Irvine , Ms . Jaime Jones 0 0 3 . AGENDA REVIEW L 4 . CITIZEN PARTICIPATION CD 5 . APPROVAL OF MINUTES N • Consideration and approval of the minutes from March 28 , 2019 . Ms . Vicki Fogel Mykles N made a motion to accept the minutes as amended . Ms . Jenifer Zidon seconded the L motion . The motion passed unanimously . Q 6 . NEW BUSINESS • Mr . Jim McDonald gave a report on the FoCo Creates Arts and Culture Master Plan to City Council at their Work Session on April 23rd . Mr . Jim McDonald advised the Board that the Plan will be reviewed by City Council on 5/21 / 19 for adoption . o • Project Support — Discussion and Funding Recommendations . The Board reviewed 19 applications . The Board recommended funding to 17 organizations for a total of $ 140 , 000 . Ms . Jane Folsom made a motion to accept the funding recommendations . o Ms . Lili Francuz seconded the motion . The motion passed unanimously . The recommendations are listed below . L Y U c a> E c� ca a 04 / 25 / 2019 - MINUTES Packet Pg . 196 14. 1 MINUTES Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS � Commissions Cultural Resources Board FUNDING SESSION Thursday , April 25 , 2019 - 5 : 00 p . m . Lincoln Center, Columbine Room 0) Project Support Recommended Funding C4 CULTURAL PERCENT OF FUNDING DEVELOPMENT & TOURISM UNFUNDED REQUEST_ APPLICANT PROPOSED EVENT/DATE REQUESTS PROGRAMMING PROGRAMMING BALANCE FUNDED CL Art Wear Biennial/Lincoln Center Gallery 19th Annual AnWear Biennial < October 18 - 26, 2019 $75000 $0 $5,224 $ 15776 75% _ 'Arts Reach Center, Inc. Storybook Theater Programming ** Event not recommended for a grant due to low score. June 2019 - August 2019 $55000 $0 $0 $55000 0% LL Centennial Children's Chorus 2019 - 2020 Season O $ 15,000 $ 105536 $0 $45464 70% LL ACT Human Rights Film Festival ACT Human Rights Film Festival TOM Colorado State University April 2020 $ 15,000 $0 $11 ,853 $3 , 147 79% Tom Dance Express Dance Beyond the Limits Season 0 2019 - 2020 $ 11 ,000 $8,209 $0 $2 ,791 75% "Feeding Our Community Ourselves, Inc. Bikes, Brews and Blockbusters ** Event not recommended for a grant due to low score. August 18, 2019 $55000 $0 $0 $57000 0% 2 Foothills Pops Band 2019 - 2020 Season $5 ,000 $3,512 $0 $ 1 ,488 70% 0) Fort Collins Community Ventures Foroberfest p Downtown Business Association September 21 , 2019 $ 10,000 $0 $6,585 $3 ,415 66% N Fort Collins Wind Symphony 2019 - 2020 Season $55000 $3,512 $0 $ 15488 70% CV Friends of The Gardens on Spring Creek Garden of Lights i December 13 - 29, 2019 $ 15,000 $0 $ 10 ,536 $45464 1 70% Q Front Range Chamber Players 2019 - 2020 Season $ 11 ,000 $7,727 $0 $3 ,273 70% IMPACT Dance Company 25th Anniversary Season +' 7 $ 15,000 $ 11 , 195 $0 $3 ,805 75% a International Keyboard Odyssiad/Festival IKOF Festival E July 29, 2019 - August 2, 2019 $ 15,000 $0 $ 11 ,853 $35147 79% ma New Horizons Band of Northern Colorado 2019 - 2020 Season L $8 ,000 $5,971 $0 $25029 75% O Poudre Landmarks Foundation , Inc. 2019 - 2020 Season m $ 15,000 $0 $11 , 195 $3 ,805 75% y Fort Collins Book Festival 2019: Food For Thought October 18 - 19, 2019 i Poudre River Public Library District $ 12,000 $0 $9,483 $25517 79% C Fort Collins Comic Con Fort Collins Comic Con N Poudre River Public Library District August 17 - 18, 2019 $ 10,000 $0 $7,463 $25537 75% Project Youth and Chamber Music (PYCH) Summerfest 2019 dba Off the Hook Arts June 17, 2019 - July 12, 2019 $ 15,000 $ 11 ,853 $0 $35147 79% L Six Degrees Dance Collaborative Les Voyage Dans La Lune Performance M July 10 - 13, 2019 - $5 ,000 - .......$3,293--_ __---$0-____ _- $ 1 ,707 66% TotaFr undimg Requested by Applicants i $1999000 i I () Total Funding Recommended for disbursement by CuRB $65,808 $74, 192 Total Unfunded Balance ---- - $59 000 ! _ --- --�------ ---------------- -----1-----70%---- /o d of Requested Amounts Fundedv_________ .----------------------------------------------__�______-----�---------____ -- ---L_____-. �_______________ Scores are based on application materials and Fort Fund's "Criteria for Funding" ** Event not recommended for a grant due to low score. V f� a • Organizational Support - Discussion and Funding Recommendations . The Board reviewed 9 applications . The Board recommended funding to 9 organizations for a total of $224 , 840 . Ms . Tedi Cox made a motion to accept the funding recommendations . Ms . Lili Francuz seconded the motion . The motion passed unanimously . The recommendations are listed below . 04 / 25 / 2019 - MINUTES Page 2 Packet Pg . 197 14. 1 MINUTES Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS � Commissions Cultural Resources Board FUNDING SESSION Thursday , April 25 , 2019 — 5 : 00 p . m . Lincoln Center, Columbine Room 0) Organizational Support Recommended Funding CULTURAL PERCENT OF N FUNDING DEVELOPMENT & TOURISM UNFUNDED REQUEST 'L APPLICANT PROPOSED EVENT/DATE REQUESTS PROGRAMMING PROGRAMMING BALANCE FUNDED C Bas Bleu Theatre Company 2019 - 2020 season $40,000 $26 ,280 $0 $ 135720 66% Mal Canyon Concert Ballet 40th Anniversary season 7 2019 - 2020 $40,000 $24 ,820 $0 $ 155180 62% LL Fort Collins Museum of Discovery 2019 - 2020 Programming m $40,000 $26 ,280 $0 $ 13,720 66% LL Fort Collins Symphony Association A Platinum 70th season 2019 - 2020 $40,000 $245820 $0 $ 15, 180 1 62% � Larimer Choral Society 2019 - 2020 season O $40,000 $245820 $0 $ 15, 180 62% 00 Museum of Art I Fort Collins 2019 - 2020 Exhibitions & Educational Programs $40,000 $24 ,820 $0 $ 15, 180 62% Open Stage Theatre & Company, Inc. 2019 - 2020 Season L $40,000 $24 ,820 $0 $ 15, 180 62% Opera Fort Collins season 40 2019 - 2020 $40,000 $235360 $0 1 $ 16,640 1 58% N The Center for Fine Art Photography 2019 - 2020 Programming - ---- - ---- --- - - --- --- - - ---- --- - ---- - $40,000 $24 ,820 $0 $ 15, 180 62% N----------------------------- ---------- --------------- -------------- ---, 180 ----------- Total Funding Requested by Applicants 1 $3609000 Total Funding Recommended for disbursement by CuRB $2249840 $0 i Q Total Unfunded Balance I _ 1 $135 160 i Q of Requested Amountsded _ _ q _ Fun_ Scores are based on application materials and Fort Fund's "Criteria for Funding" 7 C E L O m 7 . BOARD MEMBER REPORTS ( EVENT ATTENDANCE , ETC . ) • Ms . Lili Francuz and Ms . Vicki Fogel Mykles both attended the CSU ACT Human Rights Film Festival . • Mr. Jesse Soloman attended the Poudre Heritage Alliance ' s Poudre Pour and the W Sustainable Living Association ' s Earth Day Fort Collins . • Ms . Vicki Fogel Mykles attended the Northern Colorado Intertribal Powwow and Indian Art Market . L) a� 8 . OTHER BUSINESS E 9 . ADJOURNMENT : 6 : 53 p . m . Q Respectfully submitted , Liz Irvine Business Support III 04 / 25 / 2019 — MINUTES Page 3 Packet Pg . 198 RESOLUTION 2019-068 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING FORT FUND GRANT DISBURSEMENTS WHEREAS , providers of lodging accommodations in the City are required by Section 25 -250 of the City Code to pay three percent of all revenues derived from such lodging accommodations to the City as a lodging tax; and WHEREAS , pursuant to Section 25 -244 of the City Code, twenty-five percent of those revenues are reserved for cultural development and programming, and seventy-five percent of all revenues received by the City from lodging tax are reserved for promotion of convention and visitor activities; and WHEREAS , the Cultural Development and Programming Account was established for the purpose of funding cultural development and programming activities, and the Tourism Programming Account was established for the purpose of funding tourist-related special events ; and WHEREAS , the City disburses funds from the Cultural Development and Programming Account and Tourism Programming Account in accordance with Sections 2-203 and 25 -244 of the City Code through its Fort Fund Program; and WHEREAS , the City' s Cultural Resources Board reviews applications from the community for Fort Fund monies and makes recommendations to the City Council in accordance with Section 2-203 (2) of the City Code, and in accordance with the administrative guidelines for the Fort Fund program (the "Fort Fund Guidelines") ; and WHEREAS, at its regular meeting on April 25 , 2019, the Cultural Resources Board recommended funding for various proposals based on the criteria and considerations set forth in the Fort Fund Guidelines ; and WHEREAS , the use of lodging tax revenues will provide a public benefit to the Fort Collins community by supporting cultural development and public programming activities within the City that promote the use of public accommodations within the City; and WHEREAS, the City Council wishes to approve Fort Fund grant disbursements as set forth in Exhibit "A," attached hereto and incorporated by this reference . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. - 1 - Packet Pg . 199 Section 2 . That the City Council hereby finds that the distribution of funds through the Fort Fund program as set forth on Exhibit "A" serves a public purpose that benefits the community. Section 3 . That funds in the total amount of TWO HUNDRED TWENTY-FOUR THOUSAND EIGHT HUNDRED FORTY DOLLARS ($224, 840) from the City's Cultural Development and Programming Account and SEVENTY-FOUR THOUSAND ONE HUNDRED NINETY-TWO DOLLARS ($74, 192) from the City' s Tourism Programming Account are hereby approved for distribution as set forth in Exhibit "A" . Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of June, A.D. 2019 . Mayor Pro Tern ATTEST : City Clerk -2 - Packet Pg . 200 Sity of FORT FUND GRANT PROGRAM EXHIBIT A Fort Collins April 2019 Project Support Approved Funding CULTURAL PERCENTi FUNDING DEVELOPMENT & TOURISM UNFUNDED REQUEST APPLICANT PROPOSED EVENT/DATE REQUESTS PROGRAMMING PROGRAMMING BALANCE FUNDED Art Wear Biennial/Lincoln Center Gallery 19th Annual ArtWear Biennial October 18 - 26 , 2019 $7 , 000 $0 $5 , 224 $ 1 , 776 75% O **Arts Reach Center, Inc. Storybook Theater Programming W ** Event not recommended for a grant due to low score . June 2019 - August 2019 $5 , 000 $0 $0 $5 , 000 0% Centennial Children 's Chorus 2019 - 2020 Season r' $ 15 , 000 $ 10 , 536 $0 $4 , 464 70% N ACT Human Rights Film Festival ACT Human Rights Film Festival Q Colorado State University April 2020 $ 15 , 000 $0 $ 115853 $ 3 , 147 79% Q Dance Express Dance Beyond the Limits Season c 2019 - 2020 $ 11 , 000 $8 , 209 $0 $25791 75% um **Feeding Our Community Ourselves , Inc . Bikes, Brews and Blockbusters = ** Event not recommended for a grant due to low score . August 18, 2019 $5 , 000 $0 $0 $5 , 000 0% u_ cm Foothills Pops Band 2019 - 2020 Season TOM $5 , 000 $3 , 512 $0 $ 15488 70% 000 Fort Collins Community Ventures Fortoberfest a Downtown Business Association September 21 , 2019 $ 10 , 000 $0 $6 , 585 $35415 66% Fort Collins Wind Symphony 2019 - 2020 Season $5 , 000 $3 , 512 $0 $ 15488 70% w Friends of The Gardens on Spring Creek Garden of Lights December 13 - 291 2019 $ 15 , 000 $0 $ 105536 $4 , 464 70% Front Range Chamber Players 2019 - 2020 Season $ 11 , 000 $7 , 727 $0 $35273 70% 2 IMPACT Dance Company 25th Anniversary Season Q $ 15 , 000 $ 11 , 195 $0 $3 , 805 75% International Keyboard Odyssiad/Festival IKOF Festival July 29, 2019 - August 2, 2019 $ 15 , 000 $0 $ 115853 $ 3 , 147 79% New Horizons Band of Northern Colorado 2019 - 2020 Season $8 , 000 $5 , 971 $0 $25029 75% Poudre Landmarks Foundation , Inc . 2019 - 2020 Season $ 15 , 000 $0 $ 115195 $3 , 805 75% Packet Pg . 201 CULTURAL PERCENT OF FUNDING DEVELOPMENT & TOURISM UNFUNDED REQUEST APPLICANT PROPOSED EVENT/DATE REQUESTS PROGRAMMING PROGRAMMING BALANCE FUNDED Fort Collins Book Festival 2019 : Food For Thought October 18 - 19 , 2019 Poudre River Public Library District $ 12 , 000 $0 $9 ,483 $2 , 517 79% Fort Collins Comic Con Fort Collins Comic Con Poudre River Public Library District August 17 - 18 , 2019 $ 103000 $0 $7 ,463 $23537 75% Project Youth and Chamber Music ( PYCH ) Summerfest 2019 dba Off the Hook Arts June 17 , 2019 - July 12 , 2019 $ 153000 $ 113853 $0 $33147 79% Six Degrees Dance Collaborative Les Voyage Dans La Lune Performance July 10 - 13 , 2019 _$5 , 000_ $3 , 293 _ _ $0 $ 1 , 707 66% _ Total Funding Requested by Applicants I $ 1995000 1 1 1 �1 y Total Funding Recommended for disbursement by CuRB 1 1 $ 667808 1 $74J 92 1 1 Total Unfunded Balance I _ _ _ I 1 _ _ _ _ 1 $ 6% 000 1 _ _ c) % of Requested Amounts Funded 70% r-- - --------------- r-- -t---------- ------ ._._._._._._._._._._._._._._._._._._._._._._._._._._._._ 0 0 ._._._._._._._ ._._._._._._ _._._._._. Scores are based on application materials and Fort Fund's "Criteria for Funding" L ** Event not recommended for a grant due to low score . CL Q c LL t O LL N TOM O Q L K W N E t U W r Q Packet Pg . 202 CULTURAL PERCENT OF FUNDING DEVELOPMENT & TOURISM UNFUNDED REQUEST APPLICANT PROPOSED EVENT/DATE REQUESTS PROGRAMMING PROGRAMMING BALANCE FUNDED Organizational Support Approved Funding CULTURAL PERCENTi FUNDING DEVELOPMENT & TOURISM UNFUNDED REQUEST APPLICANT PROPOSED EVENT/DATE REQUESTS PROGRAMMING PROGRAMMING BALANCE FUNDED Bas Bleu Theatre Company 2019 - 2020 Season $40 , 000 $26 , 280 $0 $ 137720 66% Canyon Concert Ballet 40th Anniversary Season 0 2019 - 2020 $403000 $243820 $0 $ 15 , 180 62% w Fort Collins Museum of Discovery 2019 - 2020 Programming $40 , 000 $26 , 280 $0 $ 13 , 720 66% c Fort Collins Symphony Association A Platinum 70th Season N 2019 - 2020 $403000 $243820 $0 $ 15 , 180 62% Q Larimer Choral Society 2019 - 2020 Season Q $403000 $243820 $0 $ 15 , 180 62% ma Museum of Art I Fort Collins 2019 - 2020 Exhibitions & Educational Programs um $403000 $243820 $0 $ 15 , 180 62% = OpenStage Theatre & Company, Inc . 2019 - 2020 Season u_ $403000 $243820 $0 $ 15 , 180 62% N TOM Opera Fort Collins Season 40 0 2019 - 2020 $403000 $233360 $0 $ 16 , 640 58% The Center for Fine Art Photography 2019 - 2020 Programming a $403000 $24 , 820 $0 $ 15 , 180 62% Total Funding Requested by Applicants �o $ 360 , 000 1 I I �0 x Total Funding Recommended for disbursement by CuRB $224, 840 $0 w Total Unfunded Balance I I i 1 $ 1365160 1 OF of Requested Amounts Funded __ - - -� �- - - - - - -,r�- - - - - - - - - - -�0 �— Scores are based on application materials and Fort Fund's "Criteria for Funding " U Q Packet Pg . 203 15 Agenda Item 15 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Michelle Provaznik , Director, Gardens on Spring Creek Jody Hurst, Legal SUBJECT Resolution 2019-069 Naming the Gardens on Spring Creek Pavilion in Honor of the Everitt Family. EXECUTIVE SUMMARY The purpose of this item is to approve proposed donor recognition for the Pavilion at the Gardens on Spring Creek. The Friends of the Gardens Board of Directors and Gardens staff have raised $375 , 000 towards completion of the Pavilion and five acres of new gardens and would like to name the pavilion in honor of Bob and Joyce Everitt. STAFF RECOMMENDATION Staff recommends adoption of the Resolution . BACKGROUND / DISCUSSION The Gardens on Spring Creek is located at 2145 Centre Avenue in midtown Fort Collins . An element of the Master Plan completion of five acres of new gardens includes a new pavilion . As part of the fundraising campaign for the project, Gardens staff and the Friends of the Gardens Board of Directors raised $375 , 000 from the community towards naming the pavilion in honor of Bob and Joyce Everitt . The size of this donation makes it eligible for City Council to consider naming a key element of the project in accordance with the wishes of the donors . Gardens staff met with the Friends of the Gardens Board and Everitt family to review several donor recognition options . The preferred naming option selected was " Everitt Pavilion" . The recognition plaque is proposed to be located on the south-facing wall of the stage . Constructed of zinc , the plaque will match all other plaques located throughout The Gardens . The plaque will also include the names of donors who contributed to the project. A final design for the plaque has not been determined . City Code Section 23- 141 provides rules related to naming of City facilities as follows : " In the event a significant financial donation has been made for the acquisition , construction or improvement of a property or facility, the property or facility or a portion thereof may be named either for the donor or in consideration of the wishes of the donor, which name may be that of a person living or deceased . Donations shall be for no less than seventy-five (75) percent of the total value or cost of the property or facility or portion thereof to be named . If such a donation is received from an individual , family or entity, the City Council will give significant weight to a naming or recognition request from the donor but will consider such a request in light of other policy or practical priorities and concerns and the public interest in general . In some instances , the naming of a portion of a property or facility or a specific feature of the property or facility for a donor may be an appropriate alternative to naming the entire property or facility. " Item # 15 Page 1 Packet Pg . 204 15 Agenda Item 15 The cost of the pavilion in The Gardens expansion is $500 , 000 . Total project cost is $2 . 8 million . Illustrative renderings of the donor recognition are attached . CITY FINANCIAL IMPACTS No City financial impacts . The $375 , 000 has been received in full . ATTACHMENTS 1 . Gardens Naming and Recognition ( PDF ) Item # 15 Page 2 Packet Pg . 205 ATTACHMENT 1 15 . 1 THE GARDENS ON SPRING CREEK jSb THE GARDENS DONOR NAMING & RECOGNITION ON SPRING CREEK � ccyof . � CIT �0 Fort Collins SPRING 2019 O NO G ! . L . R O NO r 1 • .•ice~ 1 '�• . .MONO NO NO NO W ICU N Nor I L 1 { ON; ti _ LIN r 1 4y f % NOW 0 ONNO , . _. d NO � � 1L 4+ IN IN NO V1 7 4NO , NO L ' : � w.f� , f. .. NO 11NO i• ..l NO L 0 NO y r . . � r � h * R O i ' 7 '• 0. i }_. ..� N00 00 NO NO �j i NO1 * - - --NO NO NO 1 .yam ' i' NONO NO J lim 0. +lY r . r :�� % - - ' - O C1 1L i• . _ l J• � I INN NO IN NO NO PP •YI f %6k 9 ON NO i' i y 1 r. M NO ` ' k+ INNO NO ON NO .1111 ON. #i' Cu { • NO Z L _ } ON. NO ON r _ ON NOt ONOL L INN �T \ 4 NO JNO IS IL , ` 4 —. L #_ k NNO 4 rpm c NO NO IIILv ; ; NNO NO NO Packet Pg . 206 15 . 1 THE GARDENS ON SPRING CREEK In 2004 , the Gardens on Spring Creek officially opened its doors with the mission to enrich the = lives of people and foster environmental stewardship through horticulture . Since then , The Gardens o has been growing in every way - in visitations, educational programs , acres of gardens developed , a, community garden programs created , and overall community impact . c°� a� C r { �•. } YN ;'R ate . `. ,,! ., cL ,� ♦� jigCU 1. c' Q • r a. Id f k a'� h If •.. N , - as L THE GREAT LAWN , THE UNDAUNTED THE VISITOR' S CENTER N GARDEN , FOOTHILLS GARDENS o Y) Passionate and committed non - profit The expanded Gardens on Spring partners , The Friends of the Gardens, Creek Visitor 's Center will contain the led our Phase 1 garden expansion . Conservatory Butterfly House, meeting It was made possible through $ 2 million room , observation tower, new entryway c 00 dollars of community- based philanthropic with gift shop, a cafe, and office space . support . An additional $ 800, 000 These additions will double the Gardens' o was generously provided by the City square footage. c a� of Fort Collins . O m c The $ 3M Visitor ' s Center capital investment has been funded through $ 800K of community philanthropy and $ 2M awarded by Fort Collins' voters through a 10 -year quarter- cent tax renewal E dedicated to community improvements passed in April 2015 . M z The Gardens on Spring Creek has been the beneficiary of generous, committed and sustaining philanthropy. And , in return , The Gardens has identified the enclosed opportunities to publicly �a recognize and celebrate their generosity to our mission . c m E Respectfully presented , � is Nina Bodenhamer Jim McDonald Michelle Provaznik Q Director, City Give Director, Cultural Services Executive Director, The Gardens on Spring Creek, Cultural Services . . .. . .. . .. . . . . . . .. . .. . .. . .. . .. . . . . . . . . . .. . . . . . . . . . . . . . . . .. . .. . .. . .. . .. . .. ... .. . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . .. ... ... ... .. . .. . .. . .. . . . . . . .. . .. . .. . .. . .. . . . . . . .. . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . THE GARDENS City of t 60 _Klu ON SPRING CREEK Fort Collins PAGE 1 Packet Pg . 207 15 . 1 CITY OF FORT COLLINS AND PHILANTHROPIC NAMING & RECOGNITION Currently, City of Fort Collins Ordinance No . Revised naming and acknowledgment c 134 , 201 provides the only guidance for the guidelines, approved by Council and 0 philanthropic naming of City facilities . It sets implemented by leadership, will guide the o a financial threshold : "the donation should strategic and consistent recognition of future a� be no less than seventy-five percent (75%) of philanthropic donors, and will : the value of the property, facility, feature or c Identify the values and vision for the role 0 portion thereof to be named. " However, it does 0 (and boundaries) of philanthropic naming not provide guidance as to consistent scope, for the City of Fort Collins . ca equitable practices nor successful distinctions +00 N between intent described by Code and Provide potential donors with equitable, ae practices defined by policy. consistent, and appropriate recognition for i their generous support, leading to lasting V 0) Fall 2019, City Give - the City' s pioneering and mutually beneficial relationships with L initiative to orchestrate and coordinate the City. Cn philanthropic relationships - will provide City Link future naming opportunities securely o leadership and Council with recommendations to the City's values, reputation , and U) for a matured enterprise -wide approach to brand promise . ?3 philanthropic naming and recognition . (a A robust naming and recognition policy will help ensure gifts with associated o recognition are managed in a consistent 00 manner, and according to established City o ph Code and enforced by Administrative policy. m The enclosed respectively offers : ^k s, �I ►j A) One item for Council consideration of (a philanthropic naming , and , z B) A portfolio of the diverse range of MCI donor acknowledgment throughout .. O The Gardens on Spring Creek . 1 � A 7L -- . : . - -- -- . _ ..n..... . � � ^. — . . . . . . A .. . . . _ .. ... ... ... ... ... .. . .. . .. . .. . . . . . . .. . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . THE GARDENS City of t ON SPRING CREEK Fort Collins PAGE 2 Packet Pg . 208 15 . 1 THE EVERITT PAVILION FOR COUNCIL CONSIDERATION 0 _ The Gardens on Spring Creek staff, The o Friends of the Gardens , and dedicated i community volunteers raised $ 375, 000 o through community charitable gifts in order c 0 to name the stage in honor of Bob and Joyce a� Everitt . The value of this collaborative gift CU meets the City's eligibility for consideration N of a naming award . A recognition plaque will i be placed on south -facing wall of the stage . v Constructed of zinc, the plaque will match the other plaques located throughout The a Gardens, and will include the names of those n donors who generously contributed to the ° A stage and pavilion in honor of the Everitts . L cC ti THE EVE1� ITT 00 PAVILION MADE POSSIBLE THROUGH THE GENEROSITY OF c ' - z c ,.y 0 4 L V V E + (Q Q . . .. . .. . .. . . . . . . .. . .. . .. . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . .. . .. . .. . .. ... .. . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . .. ... ... ... .. . .. ... ...... ... ........... ... ... ... ... ... .. ... ... ... ... ... ... .. ... ... ... ... ... ... .. ... ... ... ... ... .. . .. . .. . .. ... ... ... .. . .. . .. . .. . . THE GARDENS City of t 60 _Klu ON SPRING CREEK Fort Collins PAGE 3 Packet Pg . 209 15. 1 t LETTER FROM DAVID EVERITT April 8 2019 ~ w � , o y , 0 Mayor Troxell and City Council Members, i ,�t' \, T� • O On behalf of the Everitt Family, I would like to p° express our support and gratitude to the CityCU of Fort Collins for recognizing our parents, - •,,r z� Cn 40 Bob and Joyce Everitt, at the Gardens on Spring Creek through the naming of the Everitt , Pavilion and a bronze sculpture . { . c Our parents have always had a deep love of ; r'; Cn Fort Collins . The Everitt Pavilion and Sculpture ' o at The Gardens honors their passion for the ; U) community, nature, the arts and culture . The A �•A� . community effort to honor them in this way has been extraordinary. Our family is deeply • " humbled by the generosity of the many r. . W o 00 community supporters who share our parents vision for Fort Collins . o Thank you for honoring their legacy. The o Everitt Pavilion and Sculpture represent the best of Fort Collins - a collaborative community coming together to honor the past while . , ., ti celebrating our vibrant future. - �• � c lip ,� <n Sincerely, •� � „ 4� � �" � � 'off, � !Y� ..7.:.cam. _7 ••� _ � David Everitt City of 60 � THE GARDENS Fort Collins PAGE 4 ON SPRING CREEK Packet Pg . 210 15 . 1 DONOR RECOGNITION The scope of donor recognition is I _ broad and can take many forms , shapes and physical presentations . �4 � o It begins with a genuine thank you — for every gift large and L small — and may scale into lasting , l' ° 0 physical acknowledgments for donor generosity. - � Ca Cn The award of naming rights denotes a donor ' s name is embedded within the name of the feature or facility. �L Le . Canvas Stadium . However, Cn many philanthropic gifts warrant 0 public recognition even if formal U) " naming " doesn ' t take place . Such recognition is an opportunity to f° publicly celebrate donors and their o generosity to our organization . CD MANY FACTORS INFLUENCE `` _` y �` " r � o THE FINAL DECISION FOR 17711 RECOGNITION , INCLUDING : ✓— Does the recognition adhere to the �/— City of Fort Collins sign, brand and E '�— identity standards? z Does the recognition reflect the ';ya--� � �' ,�. MCI 0000 mission and design intent of facility, feature and/or physical space . ��j Is the acknowledgment proportionate to the gift? a 0, Are there costs to maintain, install , W and/or update the recognition? ' _ �. . . .. . .. . .. ... ... ... ... .. ... ... ... .. . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . .. . . . . . . .. . .. . .. . .. . . . . . . . . . .. . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . .. ... ... ... .. . .. . .. . .. . .. ... .. . .. . .. . .. . .. . . . . . . .. . .. . .. . .. . .. . . . . . . .. . .. . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . THE GARDENS City of t 60 _Klu ON SPRING CREEK Fort Collins PAGE 5 Packet Pg . 211 15 . 1 GARDENS ON SPRING CREEK PORTFOLIO OF DONOR RECOGNITION The Great Lawn , The Gardens on Spring Creek In honor of Bohemian Foundation & Woodward , Inc . _. A Philanthropic Gift of $ 1 , 000, 000 0 0 a� o . . 0 CU AV Cl) •-� , ' � 1 1 ' �e Q ! 4 \ •� ` • . . �� ' . / 1 I _ • - .» I w t r mil, V) vamps • . . . i _ .. . w+ .y,am-.. wad-r'� .i li►• r• __to _ - i U' ANDS%► '¢ " O 00 r. a1 O 'n c THE ADDITIONAL GREAT LAWN WORDING f° z OPTIONS IN GRATEFUL RECOGNITION I OF DOHEMIAN FOUNDATION GENEROUSLY SUPPORTED BY & WOODWARD, INC. �? _ MADE POSSIBLE BY THE GENEROUS � � 0 SUPPORT OF Q . . .. . .. . .. . . . . . . .. . .. . .. . .. . .. . . . . . . . . . .. . . . . . . . .. . .. ... ... ..... . .. . .. . .. ... .. . .................................. ... .................................. ... . . . .. . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . .. . . . . . . .. . .. . .. . .. . . . . . 60 /�, THE GARDENS Fort Collins PAG E 6 ON SPRING CREEK Packet Pg . 212 15 . 1 UNDAUNTED GARDEN In recognition of Utilities/Water Wise Conservation , A Gift of $ 150, 000 0 ai 0 UNDAUNTED L GARDEN = 0 IN PARTNERSHIPCU 0 WITH CITY OF FORT Cn COLLINS UTILITIES a a� _ N _ 0 N _ a� L cC CAFE GROVE o 0 00 In honor of Bob Everitt and Rotary, Community Dollars $100, 000 0 0 m _ �a _ E CAFE GROVE `° Z IN HONOR OF BOB EVERITT AND ROTARY CLUB OF FORT COLLINS E -t` � Q . . .. . .. . .. . . . . . . .. . .. . .. . .. . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . .. . .. . .. . .. ... ... ....................................................................... ... . . . .. . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . . . . . . . . . . . THE GARDENS trios 60 ON SPRING CREEK1 t`�I� PAGE Packet Pg . 213 15. 1 HERB GARDEN Made Possible by UC Health , A Gift of $100, 000 o p = 0 D ° J V A 0 HERE3 GARDEN 0 GENEROUSLY SUPPORTED BY UCHEALTH CL o _ a� L BRIDGE 0 Go Odell Brewing Company, Gift of $ 50, 000 c 0 m L&V _ IN GRATEFUL RECOGNITION OF `4 z OPELL BREWING COMPANY u .. .. ... ... ... ... ... ... .. ... ... ... ... ... .. . .. . .. . .. ... ... ... ... .. ... ... ... ... ... .. . .. . .. . .. ... ... ... .. . .. . .. . .. ... ... ... .. . .. . .. . .. ... ... ... ... .. ... ... ... ... ... .. . .. . .. . .. ... ... ... ... .. ... ... ... ... ... ... .. ... ... ... ... ................. ... ........... . .. . . -off TIL THE GARDENS cty of rt 40 -,KIU ON SPRING CREEKFo 1tCO��InS PAGE 8 Packet Pg . 214 15 . 1 MADE POSSIBLE BY COMMUNITY GIVING = $ 55000 - $ 505000 In addition to large architectural tributes, Judith Aranow o donors are recognized in various ways Associates in Family Medicine throughout The Gardens expansion including Bank of Colorado c plaques in gardens and on pergolas, bike John and Nina Bodenhamer o racks, benches , and more . These opportunities 0 Boettcher Foundation a) for recognition allow The Gardens to public 0 celebrate gifts and acknowledge the role Rhys Christensen N charitable giving plays in supporting the Francis Clark City's mission . Community Foundation of Northern Colorado Diane Crews °1 A list of generous community donors — L Dellenbach Motors including individuals and business, foundations v, and family funds — with gifts ranging from Dohn Construction o $ 5 , 000 to $ 40, 000 . Bob and Joyce Everitt a� Gates Family Foundation l / 17 ) J / T. ardenia Leo Cindy Gormley 0 A Life that � ' ► � � � ' Griffin Foundation c Touches A 1 n c ' John and Connie Hanrahan 00 Others , Goes /� y dn-ia On Forever Gwen Hatchette O Don and Jan Jorgensen E a� Larry and Pat Kendall 0 h III mcnioi • y of Kluver- Moore Foundation ' v Aileen � � • c . Bill and Chris Kneeland = C! is N4 " If a � . , < > > , ► ' The Markley Family Foundation ' n One of the ' ` V The Morgan Family Book C; ltih es . Bab � z 118 Jean Muirhead New Belgium Brewing Company L The Nicol Family Foundation wen Michael t � , �. S Dan and Michelle Provaznik Stefanski Rei „ 1; . Rotary Clubs of Fort Collins � 20, 014 14 a p Wayne and Phyllis Schrader � Always irk A n n 1 Francoise Smith Q Our Hearts We 1 , Don and May Wilkins Charitable Trust THE GARDENS City of t do -120 ON SPRING CREEK Fort Collins PAGE 9 Packet Pg . 215 15. 1 0 ai O W W • ' L % • O 0 ca Cl) 0 rtr ^1 -i..!� � :�'+ � •yam _ O _ N L _ ca 0 O 00 • O _w M +� �= O ' V N� N _ _E Capital gifts have ranged in amount but, regard - And , hundreds of other donors, supporters and Z less of size, are equally valuable to the total volunteers, not included here, have supported contribution of community giving . Forty (40 ) The Gardens expansion through ongoing giving sculpted butterflies designed by local artist, Ren campaigns such as Colorado Gives Day, Annual Ca C9 Burke, were underwritten by donors at $1 , 000 Campaigns and other gifts . each and will be on display in Visitor ' s Center. m E To date, 160 donors contributed gifts of $ 250 each toward the Garden Friends Pathway, a Q bricked exit from the expanded Visitor 's Center. . . .. . .. . .. . . . . . . .. . .. . .. . .. . .. . . . . . . . . . .. . . . . . . . . . . . . . . . .. . .. . .. . .. . .. . .. ... .. . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . .. ... ... ... .. . .. . .. . .. . . . . . . .. . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . .. . .. . .. . . . . . THE GARDENS City of t 60 _Klu ON SPRING CREEK �F�tfl PAGE 10 Packet Pg . 216 RESOLUTION 2019-069 OF THE COUNCIL OF THE CITY OF FORT COLLINS NAMING THE GARDENS ON SPRING CREEK PAVILION IN HONOR OF THE EVERITT FAMILY WHEREAS, on November 1 , 20111 City Council adopted Ordinance No . 134, 2011 , amending Chapter 23 , Article V of the City Code to add new provisions regarding the naming of City properties and facilities ; and WHEREAS , on September 1 , 2015 , City Council adopted Ordinance No . 090, 20155 which repealed and re-adopted those provisions in Section 23 - 141 and authorized the City Manager to establish administrative rules and procedures for the consideration and recommendation to City Council of names for City-owned or -operated properties or facilities ; and WHEREAS, Section 23 - 141 provides that only in the event that a significant financial donation has been made for its acquisition, construction or improvement may a property or facility, or a portion thereof, be named either for the donor or in consideration of the wishes of the donor; and WHEREAS , to be considered significant the donation must be for at least seventy-five percent of the total value or cost of the property or facility or portion thereof to be named; and WHEREAS, Section 23 - 141 also provides that City Council will give significant weight to a naming or recognition request from the donor, but will consider such a request in light of other policy or practical priorities and concerns to the public interest; and WHEREAS, the City is making additions to the Gardens on Spring Creek in midtown Fort Collins ("the Project") ; and WHEREAS , as part of the Project, a pavilion is being constructed at a cost of $ 500, 000 ; and WHEREAS, the Friends of the Gardens, a local non-profit with the mission of cultivating a world-class botanic garden through fundraising and advocacy, has helped to raise $375 ,000 toward the construction of the pavilion; and WHEREAS , the Friends of the Gardens raised the $375 ,000 to honor Bob and Joyce Everitt, who have made numerous philanthropic, community, and business contributions to Fort Collins ; and WHEREAS, City Council finds that in considering all policy and practical priorities, it is appropriate to name the Project' s pavilion "Everitt Pavilion" in accordance with the wishes of the Friends of the Gardens and the Everitt family. - 1 - Packet Pg . 217 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 directs that the Project' s pavilion be designated "Everitt Pavilion. " Section 3 . That the City may modify or remove the approved name in the future in the event the City Council determines such modification or removal to be appropriate in light of changed circumstances or other matters of public interest or convenience. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of June, A.D . 2019 . Mayor Pro Tern ATTEST : City Clerk -2 - Packet Pg . 218 16 Agenda Item 16 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Ellen Martin , Visual Arts Administrator Jody Hurst, Legal SUBJECT Resolution 2019-070 Accepting a Proposed Donation of a Sculpture to be Placed at the Gardens on Spring Creek . EXECUTIVE SUMMARY The purpose of this item is to accept the donation of a bronze sculpture of Bob and Joyce Everitt that was created for the Garden on Spring Creek . STAFF RECOMMENDATION Staff recommends adoption of the Resolution . BACKGROUND / DISCUSSION The Art in Public Places Guidelines state that all works of art with a value over $ 10 , 000 donated to the City of Fort Collins that are to be placed in a public area , must be reviewed by the APP Board . Once reviewed , the Board makes a recommendation as to whether the City Council should accept the work of art on behalf of the City. In February 2016 , Fort Collins lost a philanthropist, visionary and community builder, Bob Everitt. The Friends of the Gardens along with community donors raised the funds to honor Bob Everitt and his wife , Joyce , with a bronze sculpture created by Colorado sculptor George Lundeen . The life-sized bronze sculpture depicting Bob and Joyce Everitt will be placed sitting on a bench in the Great Lawn area near the pavilion . The Gardens on Spring Creek is located at 2145 Centre Avenue in midtown Fort Collins . Colorado artist George Lundeen in nationally recognized for his bronze sculptures . Mr. Lundeen is a member of the National Academy of Design and the National Sculpture Society and has work in collections nationally from California to New Hampshire and internationally from Germany to China . This donation includes installing and maintaining the artwork . CITY FINANCIAL IMPACTS This item does not impact the City's general fund account. The sculpture is valued at $200 , 000 . BOARD / COMMISSION RECOMMENDATION This Memorial Art Donation was reviewed and recommended for City Council approval by the APP Board at the Board 's August 15 , 2018 , meeting . Item # 16 Page 1 Packet Pg . 219 16 Agenda Item 16 PUBLIC OUTREACH The APP Program will promote the gift of art to the City of Fort Collins . ATTACHMENTS 1 . Written Description and Images of Proposed Art Donation (PDF ) 2 . Art in Public Places Board Minutes , August 15 , 2018 ( PDF ) Item # 16 Page 2 Packet Pg . 220 ATTACHMENT 1 16 . 1 WNW, - U ,r City of Fort Collins ► ( Art in Public Places Bob and Joyce Everitt v Memorial Art Donation 00. > owe Clay model a N O O In February 2016 , the city of Fort Collins lost a philanthropist , visionary, and community builder, Bob Everitt , The Friends of the Gardens , along with o community donors , raised funds to honor Bob Everitt and his wife , Joyce , with a a bronze sculpture created by Colorado sculptor George Lundeen . A life - sized bronze sculpture depicting Bob and Joyce Everitt will be placed sitting on a Q bench in the Great Lawn near the pavilion at the Gardens of Spring Creek . The a. Gardens on Spring Creek is located at 2145 Centre Avenue in midtown Fort o Collins . U) Terraced Amphitheater Backdrop Plant,, �Iogp �cno _u :. 6a.p H Food Truck_ E r o JO k. if =l l 1 ( n The Great Lawn is a two acre garden featuring a one - half acre lawn with a stage surrounded by beautiful and educational themed gardens . Packet Pg . 221 16 . 1 George Lundeen In the mid - 1970s , artist George Lundeen established his sculpting studio in Loveland , Colorado, where he continues to live and work . He has been commissioned to sculpt portraits and interpretive works alike for universities , municipalities , foundations, and corporations . Mr. Lundeen is a member of the National Academy of Design and the National Sculpture Society and has work in collections nationally from California to New Hampshire and internationally from Germany to China . O E d The Everitt Memorial Sculpture .y �. > a, `•� ,� : � , 00 : � � N Creating the clay model in the studio . 'a ' — �` �� . E L � Q v i 1 q IN L' The cast bronze statue before the patina has been applied to the surface . Packet Pg . 222 ATTACHMENT 2 16 .2 MINUTES For Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions Art in Public Places REGULAR MEETING August 15 , 20185 3 : 30 pm Lincoln Center Founder' s Room L 1 . CALL TO ORDER E 3 : 39pm 2 . ROLL CALL w • Board Members Present — Gwen Hatchette , Carol Ann Hixon , Sabrina Davies , a. Kirsten Savage Q • Board Members Absent — Miriam Chase , Renee Sherman , Michael Short N • Staff Members Present — Ellen Martin , Liz Good CD • Guests — Amelia Caruso , Jennifer Ivanovic 00 T 3 . AGENDA REVIEW N T Y 4 . CITIZEN PARTICIPATION ; 5 . APPROVAL OF MINUTES a Ms . Hixon moved to approve the minutes with a correction Ms . Davies Seconded Unanimously approved 0 6 , BUSINESS , PRESENTATION , OR DISCUSSION : m a� U M A) TRANSFORMER CABINET MURAL REVIEW a Artists Amelia Caruso and Jennifer Ivanovic presented their designs . Ms . Martin presented work by Larry Tucci , Gale Whitman , and Tyler Boedik a Ms . Hatchette Moved to approve the mural designs presented today Ms . Hixon seconded Qon Unanimously approved . B ) MEMORIAL ART DONATION PRESENTATION Ms . Martin recapped the information from the last meeting and reviewed the Q requirements for approval . Ms Martin outlined the differences between an art donation and a memorial donation . The first step is determining if the memorial for an event or person meets the requirement . The board evaluated the merit of the memorial . The overall score was above the required average and the donation was accepted . The Board would like to visit the site and discuss the placement and signage . 8 / 15 / 2018 — MINUTES Page 1 Packet Pg . 223 16.2 MINUTES Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS �� Commissions Art in Public Places REGULAR MEETING Ms . Davies moved to approve the memorial as presented with the caveat to visit the Gardens to review the location and signage Ms . Hixon seconded Unanimously approved . 0 C ) APP WORKSESSION & UPDATE Ms . Martin presented information related to the Work Session . The group discussed Ms . Savage ' s proposed letter to City Council on behalf of the Board . The Board W suggested sharing this information more in depth either in personal communications a with Council or public comments at a future Council Meeting . Ms . Martin shared Q information about status of APP Utilities funds and projects . Ms . Martin shared new opportunities from the community for public art that could be examples of projects CD that could be funded by Broadband . 00 T Ms . Hixon moved to accept the letter as amended this evening N L Ms . Hatchette secondedCn r Unanimously approved . 7. STAFF REPORT a Ms . Martin gave an overview and the report will be emailed to the board 8 . OTHER BUSINESS Ms . Savage mentioned a contact she made at the Americans for the Arts conference m° about bike tours of public art . M 9 . ADJOURNMENT a M 5 : 41 pm a c a Respectfully submitted , on ziZad/od` " a 8 / 15 / 2018 — MINUTES Page 2 Packet Pg . 224 RESOLUTION 2019-070 OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPTING A PROPOSED DONATION OF A SCULPTURE TO BE PLACED AT THE GARDENS ON SPRING CREEK WHEREAS, the Friends of the Gardens, a local non-profit with the mission of cultivating a world-class botanic garden through fundraising and advocacy, has helped to raise $200 ,000 to commission a sculpture to honor Bob and Joyce Everitt, who have made numerous philanthropic, community, and business contributions to Fort Collins ; and WHEREAS , the sculpture will be created by Colorado sculptor George Lundeen, who is nationally recognized for his bronze sculptures, is a member of the National Academy of Design and the National Sculpture Society, and has work in collections across the US and internationally from Germany to China; and WHEREAS, the proposed sculpture would be a life-sized bronze sculpture depicting Bob and Joyce Everitt, sitting on a bench in the Great Lawn of the Gardens on Spring Creek; and WHEREAS , the value of the donation is estimated at $200,000 ; and WHEREAS , the donation includes funding for installation and future maintenance of the artwork; and WHEREAS, Section 23 -309 of the City Code states that works of art with a value of $300 or more donated to the City and placed in a public area may be accepted only with approval of the Art in Public Places Board ("the APP Board"), and all such works with a value of $ 10,000 or more may be accepted only with approval of the City Council, upon review of the proposed donation and the recommendation of the APP Board; and WHEREAS , at its regular meeting on August 15 , 2018 , the APP Board evaluated the proposed donation of the artwork based on the City' s Art in Public Places Guidelines and recommended that the City Council accept the donation; and WHEREAS , the City Council has determined that acceptance of this donation on behalf of the City meets the principal goals of the Art in Public Places program pursuant to Section 23 - 301 of the City Code. 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 accepts the proposed donation of the sculpture created by artist George Lundeen as described herein. - 1 - Packet Pg . 225 Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of June, A.D. 2019 . Mayor Pro Tem ATTEST : City Clerk -2 - Packet Pg . 226 17 Agenda Item 17 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Sue Beck- Ferkiss , Social Policy and Housing Program Manager Ingrid Decker, Legal SUBJECT Resolution 2019-071 Authorizing the Assignment of the City's Private Activity Bond Allocation for 2019 to Housing Catalyst to Finance the New Construction of Affordable Housing Units . EXECUTIVE SUMMARY The purpose of this item is to support the new construction of an affordable housing development , to be located at 140 East Oak Street, by assigning the City's 2019 Private Activity Bond allocation . STAFF RECOMMENDATION Staff recommends adoption of the Resolution . BACKGROUND / DISCUSSION The State of Colorado Private Activity Bond ( PAB ) allocation program is established by the Colorado Private Activity Bond Ceiling Allocation Act, Colorado Revised Statutes Section 24-32- 1707 , et seq . , (the Allocation Act) . PABs are tax-exempt bonds that can be issued by eligible authorities . The proceeds of the sale of the bonds may be used for specific purposes as determined by the Internal Revenue Service . Permitted purposes include , but are not limited to , affordable housing development and rehabilitation . Historically, PAB financing has also been used by the City for economic and industrial development purposes . In 2019 , the total amount available statewide is $598 , 034 . 220 . Fifty percent of the state ceiling is allocated directly to statewide authorities and the other half is allocated directly to local governments based on population size . The City has been notified that , pursuant to Section 24-32- 1706 of the Allocation Act, its allocation of the state ceiling for 2019 is $8 , 773 , 643 . ( Attachment 1 ) This is merely the authority to take on debt and is not an allocation of funding . The City will not incur debt by assigning this allocation and this will not affect the City's credit rating . If a local government does not issue bonds or assign the bond cap to an eligible entity for a local project or projects by September 15 annually, the City allocation automatically reverts to the state' s pool of available bond capacity. The Colorado Housing and Finance Authority (CHFA) offers a 4% Low Income Tax Credit Program which is a financing mechanism for the development and rehabilitation of affordable housing . CHFA requires these types of financing deals to include private activity bonds . Historically, Fort Collins has assigned its annual allocation on a first come , first served basis . From 2009 through 2012 , the Fort Collins allocation was not used locally and therefore reverted to the state 's pool of available bond capacity. In 2013 , 2014 , 2015 and 2017 the City assigned its full allocation to the Fort Collins Housing Authority, now Housing Catalyst ( HC ) , for the rehabilitation of affordable rental housing units . In 2016 , the PAB was assigned to CHFA for the benefit of two local affordable housing projects . As of 2018 , the City implemented an application process for requesting the City's allocation of PAB . The guidelines are set forth in the City's General Financial Policies . Applications are due annually by March 15 . In Item # 17 Page 1 Packet Pg . 227 17 Agenda Item 17 2018 , the City received two applications for the City's allocation of PAB ; one was from CHFA for DMA Plaza and one was from HC for future affordable housing development. The City provided PAB capacity to both projects . This year the City only received one application for a qualifying affordable housing project . ( Attachment 2 ) This application was submitted by HC for the full $8 , 773 , 643 to begin accumulation of the PAB capacity needed to fund a new development in partnership with the Fort Collins Downtown Development Authority to be located at 140 East Oak Street . (Attachment 3 ) . This is the site of the former Downtown Elks Club . The property will be 66 affordable rental homes for households with incomes ranging from 0-80% area median income . The City's PAB committee made up of staff representatives from Social Sustainability, Economic Health and the Finance department recommends assigning the entire 2019 allocation to HC for the new construction of affordable housing . New construction of affordable rental units is a permissible and beneficial use of the City's 2019 allocation and support the outcomes sought by the City's Affordable Housing Strategic Plan . HC has authority to issue bonds so the City will not be the issuer. For HC to use the City's allocation of PAB capacity, City Council must adopt a resolution assigning the 2019 PAB allocation to HC for the qualifying project stated in HC' s application . Additionally, the use of the City' s allocation is evidence of local support for this affordable housing project , which helps leverage other funding sources and is required for CHFA's 4% Low Income Tax Credit Program . CITY FINANCIAL IMPACTS The Private Activity Bonds will be issued by HC and will not be obligations of the City of Fort Collins . The debt service on the bonds will be repaid from revenue generated by the housing development and does not constitute a debt of the City. This action will not affect the City's credit rating . The construction of 66 units will require goods and labor which will benefit the local economy. BOARD / COMMISSION RECOMMENDATION The Affordable Housing Board supports granting HC ' s request and recommends that City Council adopt a resolution assigning the City' s 2019 PAB Allocation to HC . (Attachment 4) PUBLIC OUTREACH The Affordable Housing Board heard this matter at their May meeting which was open to the public. The process to seek PAB capacity is detailed on the Social Sustainability Department's web page and the guidelines are set forth in the City's General Financial Policies . ATTACHMENTS 1 . 2019 Direct Allocations ( PDF ) 2 . Housing Catalyst's Request for 2019 PAB Allocation ( PDF ) 3 . Project Location Map ( PDF ) 4 . Affordable Housing Board minutes , May 2 , 2019 (draft) (PDF ) Item # 17 Page 2 Packet Pg . 228 ATTACHMENT 1 17. 1 2019 COLORADO Colorado Private Activity Bond • Department of Local Affairs Direct Allocations Statewide Pop. PAB Cap Available 5,695,564 $59850345220.00 Local Issuers Population PAB Cap Local Issuers Population PAB Cap Denver County 715 , 530 $37 , 565,325 La Plata County 56 , 398 $2 , 960 , 895 Colorado Springs 473 ,648 $24 ,866,520 Pueblo County 555756 $25927 , 190 Aurora* 364 ,674 $ 19 , 145 ,385 Parker 55 , 610 $2 , 919 , 525 Douglas County 219 , 961 $ 11 , 547 ,953 Eagle County 55 ,427 $2 , 9091918 Jefferson County 209 , 005 $ 10 , 972 , 763 Fremont County 48 , 186 $2 , 529 , 765 El Paso County 207 ,284 $ 10 ,8829410 Littleton* 47 , 588 $2 ,4989370 Fort Collins 167 , 117 $8 , 773 ,643 Brighton* 39 , 947 $2 , 0979218 E Lakewood 156 ,596 $8 ,221 ,290 Northglenn* 38 , 694 $2 , 0311435 Weld County 147 , 305 $7 , 733 , 513 Englewood 34 , 763 $ 1 , 825 , 058 (n Arapahoe County 137 ,871 $7 ,238 ,228 Wheat Ridge 31 , 766 $ 1 , 667 , 715 Q Thornton* 137 ,302 $7 ,208 , 355 Delta County 31 , 006 $ 196279815 00 Arvada* 119 , 136 $6 ,254 , 640 Summit County 30 , 983 $ 1 ,626 ,608 m Adams County 115 , 598 $6 , 068 , 895 Fountain 30 , 169 $ 1 , 5839873 Westminster* 112 , 874 $5 , 925 , 885 Lafayette 28 , 939 $ 1 ,519 ,298 Pueblo , City of 112 , 542 $5 , 908 ,455 Morgan County 28 ,468 $ 1 ,494 , 570 +�- Centennial 111 , 863 $5 , 872 , 808 Montezuma County 26 ,439 $ 173887048 v Q Boulder, City of 108 ,472 $5 , 694 , 780 Windsor 26 , 319 $ 1 , 3819748 m Greeley 106 ,416 $5 , 586 , 840 Elbert County 25 , 952 $ 173627480 Larimer County 96 , 537 $5 , 068 , 193 Routt County 259530 $ 153405325 •L Longmont* 94 , 191 $4 , 945 , 028 Teller County 24 , 970 $ 1 , 3101925 d Mesa County 87 , 890 $4 , 614 ,225 Erie* 23 , 940 $ 1 , 256 , 850 Loveland 77 , 872 $4 , 088 ,280 Montrose County 22 , 675 $ 1 , 190 ,438 N Broomfield 69 , 123 $3 , 628 , 958 Logan County 22 , 200 $ 1 , 1659500 • • Grand Junction 66 , 137 $3 ,472 , 193 Louisville 21 ,450 $ 1 , 126 , 125 Castle Rock 63 , 635 $393409838 Evans 21 , 269 $ 191169623 0) r` Boulder County 62 ,4521 $3 ,278 , 730 Golden 21 , 1 36 $ 1 , 109 , 640 Garfield County 59 , 9951 $3 , 149 , 738 Chaffee County 19 , 8981 $ 1 , 044 , 645 Commerce City 56 , 6411 $2 , 973 , 653 Montrose 197673 $ 170327833 10 Total Local Issuers : $28290729957.00 U v 4,457,667 915, 151 0 Q Population PAB Cap Minimum 19 , 048 $ 190009000 Total Local Issuers : 51372 , 818 28270727957 47% * denotes multi-county place 8 Statewide Authorities : a) TOM CHFA $2899017, 110 .00 48% C N CADA $ 10 , 000 , 000 2% Total Authorities $29990179110 = Statewide Balance 322 , 746 $1699449153 3% v <a TOTAL PAB 5 , 695 , 564 $59890349220 100% Q 5,695,564 $598,034,220 TRUE TRUE Page I of l Packet Pg . 229 17.2 :a HOUSING . AUM6 CATALYST Building Community. Inspiring Change. March 6 , 2019 a� E a� Jacqueline Kozak-Thiel Q i Chief Sustainability Officer = City of Fort Collins m ' P . O . Box 580 Fort Collins , CO 80522 Q a� RE : Request for assignment of 2019 Private Activity Bonding Authority i TOM o� Dear Ms . Kozak-Thiel : N co TOM Housing Catalyst requests assignment from the City of Fort Collins' 2019 Private Activity Bond ( PAB ) cap for the purpose of affordable housing development . As o the primary developer and operator of affordable housing in Northern Colorado, 0 Housing Catalyst intends to utilize this authorization to develop new affordable Q rental homes within the City of Fort Collins . m Q TOM a o� As a quasi -governmental entity formed under the state housing statute, Housing N Catalyst will be the direct issuer of bonds utilizing the PAB allocation . Therefore, w the City of Fort Collins will not be required to provide assistance , nor incur any costs associated with the utilization of the authorized PAB cap . Cr W N Housing Catalyst contact information for this request : Housing Catalyst L), 1715 W . Mountain Ave . y Fort Collins, CO 80521 = Principal Contact : Julie Brewen , CEO Phone : 970-416- 2910 E ibrewen@housingcatalyst . com Q HousingC . . 1715 W. Mountain Ave. Fort Collins, CO 805211 P: 970-416-29101 F: 970-221 -0821 Packet Pg . 230 17.2 Amount of Allocation Requested : $ 81773 , 643 Bond Counsel Firm : Gilmore & Bell , P . C . 15 West South Temple 0) Suite 250 Q Salt Lake City, LIT 84101 = Principal Contact : Ryan Warburton m° Phone : 801 -258- 2726 rarburton@gilmorebell . com Q a� Description of Applicant' s Local Projects : See Exhibit I TOM oM Number of Years' Entity has been doing business in State of Colorado : 48 years N TOM �o o� Certificate of Good Standing : Housing Catalyst was originally formed as the Housing Authority of the City of Fort Collins in 1971 0 M under state statute . As a result, this legal entity c does not maintain a corporate filing with the Q Colorado Secretary of State office and therefore is Q not required to maintain a Certificate of GoodTOM oa, Standing under that entity . N L W Description of Assets to be Purchased or Constructed : a m Housing Catalyst is requesting this allocation to begin accumulation of the PAB cap needed to fund a new development in partnership with the Fort �a Collins Downtown Development Authority . The property will be v affordable rental homes for individuals/families with incomes ranging from 0-80% Area Median Income (AM ] ) . Location of the project will be 140 E . Oak Street and is currently projected to consist of 66 total units . _ a� The project will be completed using 4% Low Income Housing Tax Credits and Private Activity Bonds . Current estimates indicate a total of approximately $ 12 million in PAB' s will be required for the project . To Q Packet Pg . 231 17.2 accomplish this total Housing Catalyst will dedicate $ 2 , 971 , 753 in PAB cap which it has accumulated in prior years from various sources . Additional PAB cap may be required to complete the project . If so, Housing Catalyst intends to work with other allocating entities to reach the level required . ci .y N Q Once the PAB cap is allocated to Housing Catalyst, it can be carried over or = maintained for 3 years to allow for its utilization in an approved project . m° Explanation of how project aligns with City objectives : Q a� Housing Catalyst is the primary affordable housing provider, developer a and operator in the City of Fort Collins in addition to being the designated TOM public housing authority for the area . All projects of Housing Catalyst align N with the objectives outlined in the City of Fort Collins 2015 -2019TOM o� Affordable Housing Strategic Plan . O Number of Housing Units and Target Demographics : c Q The proposed property to be developed with this allocated PAB cap is Q anticipated to include 66 affordable rental homes . Target populations will TOM be individuals and/or families with income ranging from 0-80% of AMI . N L O W Statement from Bond Counsel of Project Eligibility : See Exhibit II a m N If additional information is required please contact me . �a �a Sincerely, v .y 7 O Ju a Brew CE Q Packet Pg . 232 17 .2 dHOUSING J. CATALYST Building Community. Inspiring Change. O E ANAL a1 .y N Q C O m r. V TOM S �L a rn 0 N T ti Exhibit 1 C 0 O a m Q a Local ProjectsTOM 0 N i O d Cr d d' N ca U c .y 7 O 2 O E v cv a 1715 W. Mountain Ave. Fort Collins, CO 80521 I P: 970-416-2910 I F: 970-221-0821 Packet Pg . 233 17.2 � r HOUSING 0 CATALYST Building Community. Inspiring Change. _ Housing Catalyst ® is the largest affordable housing developer and property management company in Fort Collins . c Established in 1971, Housing Catalyst owns over 1, 000 affordable homes and provides services for over 4,000 0) people. We are a model for high standards in asset and property management; and we create vibrant, Q sustainable communities, incorporating green building design into all of our ventures . 0 Housing Catalyst has received numerous awards for its project designs, innovations, environmental sustainability, m accountability and financial reporting. The organization is led by a robust executive management team with •5 extensive experience in real estate acquisition, development and management, along with strong financial administration and management . Q m In the last two years alone, Housing Catalyst has used housing tax credits to help us serve over 1, 200 people in Z 'i our community through the following developments : TOM a oM 0 N Village on Shields ( 2017-18) TOM • ( 285 ) 1, 2 & 3 bedroom apartments/ townhomes o� • $ 64 million renovation ~ • 4% LIHTC, RAD proceeds, State tax credits, CDBG, HOME , Owner loan = 0 • $ 22 million LIHTC investment Y • $ 17 . 5 LIHTC, $8 . 5 RAD proceeds, $35 million Private Activity Bonds 0 Q Village on Horsetooth (2017-18) Q • (96) 1, 2 & 3 bedroom apartments/ townhomes a • New construction planned late 2016—early 2017 TOM CD • 4% LIHTC, State tax credits, CDBG- DR, RAD proceeds, $ 19. 19 million Private Activity Bonds N L O W Village on Redwood (2017) N • ( 72 ) 1, 2 & 3 bedroom apartments/ townhomes Cr • $ 19 . 4 million new construction • 4% LIHTC, State tax credits, RAID proceeds y • $ 6. 7 LIHTC, $ 3 . 3 State Tax Credits, $ 1. 7 RAD proceeds, $ 12 million Private Activity Bonds 7E Redtail Ponds Permanent Supportive Housing (2015 ) U • ( 60) 1 & 2 bedroom apartments a� $ 12 . 5 million new construction = .y • 9% LIHTC 0 $ 8 . 0 million LIHTC investment = _ a� Village on Plum (2015 ) E • ( 95 ) 1, 2 & 3 bedroom apartments • $ 16. 1 million renovation Q • 4% LIHTC Rehab • $5 . 3 LIHTC investment, $8. 75 million Private Activity Bonds Packet Pg . 234 17 .2 OW ME fir' HOUSING � J■ CATALYST Building Community. Inspiring Change. O E a1 N O m t) Q d i �L (L M TM N T Exhibit II 0 O a m Q a Letter — Bond CounselTOM 0 N i O d Cr d ix N ca tU 0) c .y 7 O 2 O E v M a Housin . . . 1715 W. Mountain Ave. Fort Collins, CO 80521 P: 970-416-2910 F: 970-221 -0821 Packet Pg . 235 17.2 GILMOkEBELL 15 West South Temple, Suite 1450 Salt Lake City, Utah 84101-1531 (801) 364-5080 / (801) 364-SO32 FAX / gilmorebell.com N E _ 01 March 11 , 2019 y Q 0 m Jacqueline Kozak-Thiel Chief Sustainability Officer City of Fort Collins Q P.O. Box 580 Fort Collins, CO 80522 > 'i TOM a Re: Housing Catalyst request for assignment of 2019 Private Activity Bonding Authority from the City of Fort Collins Dear Ms. Kozak-Thiel : o ti We serve as bond counsel to Housing Catalyst. You will receive this letter as part of a 0 Ip package requesting an assignment from the City of Fort Collins of its 2019 Private Activity Bondcc (PAB) cap to Housing Catalyst, Housing Catalyst intends to use the PAB authority to issue ° multifamily housing revenue bonds to finance in part the acquisition and/or rehabilitation of one Q or more multifamily housing apartment developments within the City of Fort Collins. The m Q proposed bonds can be validly issued by Housing Catalyst under Part 2 of Article 4 of Title 29 of the Colorado Revised Statutes, as amended and Article 56, Title 11 , Colorado Revised Statutes, as N amended. Further, such bonds will be classified as private activity bonds issued as exempt facility c bonds for qualified residential rental projects under Section 142(a)(7) of the Internal Revenue Code N of 1986, as amended, and consequently will require an allocation of volume cap . a m Should you have any questions with respect to this financing please feel free to contact us N at any time. Very truly you, v .y 7 Gilmore & Bell, P.C . _ cc: Julie Brewen, CEO Q Packet Pg . 236 140 E Oak St ATTACHMENT 3 17. 3 Fort Collins, CO 80524 _ � r � . •i K. ! . F ' • ' . }' ' ' ' WEMountain -Ave E Mountain Ave * eR�r+infv: M. r f .f J .r x f r . to Ep No in ~ • No I or VE sloomis _ g. n r �I I ! f .• 5 Y�' i Ol M ' y s i L+ olith for—• %rT. • y7 to . .. i f y"'~ � , ?F � IN. &N. _. . IPIT 71 4L gm •may - r� a 3I ■ R m 87 No A . III oor a) No Or '•�• I } a ,•y�y•II Iq a No IF r r• r 11 � * olo, Ii ' qTo 'a' ., . . R a IN r - y�;,y '' r oor Oa SHE t OakJSt. al y * :w: Y�. Q. CC al IN . V NITS C To All oft or ooc n07, r : .I:'I ! P kk'1■J1 4 AT KIM Ell ar.3 i r :. l A r -� rQ' i1Sri y� 1'+IL r _ _ — ~ ;i .per our RUN CITY OF FORT COLLINS City of I I GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS Parcel Site � ` C011inc. These map products and allunaerl data are developed for use by the city of Fort Collins fords mlemsl purposes mty, and were not designed or intended for general use by members of the public The Citymekeenorsprmumbroonor rrantly as to the monarchy timeliness or completeness and in particular,accuracy in labeling or preparing dimensions common, property boundaries or Haver ent of lchurch of any map fedures thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANN FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED,WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA Any used of then map products,map appliradmns or dab,accepts them AS IS WITH ALL FAULTS, and assumes all responsibility of the use thereof,and further covenants and agrees to hold the ON numbers hem and hall all damage has,or liabigrameng M1om any use of this map product in con aeration of the CINs having Feet P rl foaimme e e maepeademviear fabrication s amamea Far nmabeomameaby anry ere of Nose produce or underlying data The Ih and shall t liable far any and all damage, loss or 0 150 300 600 fas ty whether ared indirect ormnsequental,which arises or may ariseM1m these map products or Meuse therprof Packet Pg . 237 ATTACHMENT 4 17 .4 MINUTES Fort Collins Boards 8, CITY OF FORT COLLINS • BOARDS AND COMMISSIONS commissions AFFORDABLE HOUSING BOARD REGULAR MEETING E 6 , PRESENTATIONS AND DISCUSSIONS A. Private Activity Bond—Sue Beck - Ferkiss , Social Sustainability, Consider request to assign 2019 capacity o m Request from Housing Catalyst for our Private Activity Bonds ( PAB ) . Every year, the state gives us bond capacity—not actually funding but capacity . The Housing Catalyst request is for a mixed - use project with 66 affordable units . It will be in the former Elks location Q downtown in conjunction with Downtown Development Authority . They will require $ 12 million in PAB , which is more than this year' s capacity . Our allocation this year is almost $ 9 i million and Housing Catalyst is asking for the entire amount to be assigned to them . a. Housing Catalyst does have the authority to issue bonds , so they will issue their own . The o PAB committee ( staffed by Social Sustainability Department , Economic Health Office , and N TOM Finance ) supports this request . ti Comments/Q&A : L • Sue : Would you like to make a recommendation to City Council about this request a) o Jen : No one else requested ? N o Sue : Not this year. Until 2017 it was first-come first-served , but that was when N there was excess state capacity . There is now a March 15 deadline for requests . o Diane : Why did we decide on a March 15 deadline ? a o Sue : If you don ' t act to issue the bonds yourself or assign them to someone by September 15 , they get reverted back to the state , and we wanted to give E ourselves enough time . 0 m Diane made a motion to support the assignment of the City' s full 2019 Private Activity a, Bond capacity to Housing Catalyst pursuant to their request to be used for the new o construction of affordable housing . Catherine seconded . Passed unanimously 5 -0 -0 . _ a� Ca L 0 a U f� a� Q 5 /2 / 2019 - MINUTES Packet Pg . 238 RESOLUTION 2019-071 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ASSIGNMENT OF THE CITY ' S PRIVATE ACTIVITY BOND ALLOCATION FOR 2019 TO HOUSING CATALYST TO FINANCE THE NEW CONSTRUCTION OF AFFORDABLE HOUSING UNITS WHEREAS, the City of Fort Collins is authorized and empowered under the laws of the State of Colorado (the "State") to issue revenue bonds for purposes including the financing of multi-family rental housing projects for low- and moderate-income persons and families; and WHEREAS , the Internal Revenue Code of 1986, as amended (the "Code"), restricts the amount of tax-exempt bonds ("Private Activity Bonds" or "PAB") which may be issued in the State (the "State Ceiling") ; and WHEREAS , pursuant to the Code, the Colorado General Assembly adopted the Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado Revised Statutes (the "Allocation Act"), providing for the allocation of the State Ceiling among various State and local governmental units, and further providing for the assignment of such allocations from such governmental units to any entity or person with the authority to issue bonds ; and WHEREAS, pursuant to an allocation under Section 24 -32- 1706 of the Allocation Act, the City has received a direct allocation of the 2019 State Ceiling for the issuance of Private Activity Bonds in the aggregate principal amount of $ 8 , 773 ,643 (the "2019 Allocation") ; and WHEREAS , if the City does not issue bonds or assign its annual allocation to another entity by September 15 of each year, its allocation is relinquished to the statewide balance ; and WHEREAS , the City received only one application for the 2019 Allocation, from Housing Catalyst ("HC") ; and WHEREAS , the City' s PAB Committee reviewed the application and recommends assigning the 2019 Allocation to HC, pursuant to Section 24-32- 1706 of the Allocation Act; and WHEREAS , HC is accumulating the PAB allocation needed to fund a future affordable housing construction project in downtown Fort Collins on the site of the former Elks Club building (the "HC Project"), and the 2019 Allocation would be used for this purpose; and WHEREAS, HC has expressed its willingness to attempt to issue Revenue Bonds in an amount equal to or greater than the 2019 Allocation; and WHEREAS , the City Council finds that the 2019 Allocation can be utilized most efficiently by assigning it to HC to issue Private Activity Bonds for financing the HC Project, and that such assignment to HC will advance the City' s objective of increasing the availability of adequate affordable housing for low- and moderate-income persons and families within the City; - 1 - Packet Pg . 239 and WHEREAS, the Council wishes to assign the 2019 Allocation to HC, which assignment is to be evidenced by an Assignment of Allocation between the City and HC ; and WHEREAS , a draft of the proposed Assignment of Allocation is attached as Exhibit "A," and incorporated by reference . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2 . That the City Council hereby approves assignment to Housing Catalyst of the City' s 2019 Allocation for the HC Project as described herein is hereby approved. Section 3 . That the City Council hereby authorizes the Mayor to execute an Assignment of Allocation with Housing Catalyst in substantially the form attached as Exhibit "A," along with such other terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City or effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of June, A.D . 2019 . Mayor Pro Tern ATTEST : City Clerk -2 - Packet Pg . 240 DRAFT Assignment of Allocation 6 -4-2019 ASSIGNMENT OF ALLOCATION THIS ASSIGNMENT (the "Assignment") , dated , 2019 is between the City of Fort Collins, Colorado, a municipal corporation (the "Assignor"), and Housing Catalyst, a body corporate and politic (the "Assignee") . RECITALS A. The Assignee intends to finance the construction of 66 units of rental housing at a new affordable housing development, in partnership with the Fort Collins Downtown Development Authority, to be located at 140 E . Oak Street for households with incomes ranging w from 0-80% of area median income (the "Project".) The Project will be designed to qualify as a "project" within the meaning of Title 29 , Article 4, Part 2, Colorado Revised Statutes, as amended (the "Act"). E B . The Assignee intends to provide for the issuance of its Multifamily Housing Q Revenue Bonds (the "Proposed Bonds"), pursuant to the provisions of the Act for the purpose of = financing the Projects. m° C . The Assignee has requested that the Assignor assign to the Assignee all $ 8 , 773 ,643 of the Assignor' s 2019 allocation (the "Allocation") under the bond ceiling for the Q State of Colorado and its issuing authorities ("the State Ceiling") computed under Section 146(d) of the Internal Revenue Code of 1986 (the "Code") as provided for the Assignor as a "designated L local issuing authority" under part 17 of article 32 of title 24, Colorado Revised Statutes (the "Allocation Act"), for use in connection with the financing of the Projects . N ti D. Subject to the terms and conditions set forth herein, the Assignor desires to assign c to the Assignee, and the Assignee desires to accept, $8 ,773 ,643 of the Assignor' s 2019 allocation 00 from the State Ceiling. a ASSIGNMENT w In exchange for the agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows : a 1 . The Assignor hereby assigns and transfers to the Assignee the Assignor' s 2019 Allocation from the State Ceiling for private activity bonds in an amount equal to $ 8 ,773 ,643 . The Assignor and the Assignee understand that such assigned allocation shall automatically be relinquished to the "Statewide Balance" as defined under the Allocation Act unless (a) the Proposed Bonds are issued by the Assignee on or before September 15 , 2019, or (b) Section 24-32- 1706(3)(c), C .R. S . , applies . 2 . The Assignor represents that it has received no monetary consideration for the assignment set forth above. Packet Pg . 241 3 . The Assignee hereby: (a) accepts the assignment of $ 8 ,773 ,643 of the Assignor' s Allocation from the State Ceiling described above; (b) agrees to use its best efforts to issue and use the Proposed Bonds for the purpose of financing the Project; and (b) agrees to abide by each of the terms and conditions of this Assignment in connection with the use of such Allocation. ., O Cn LU 4. The Assignor hereby consents to the election by the Assignee, if the Assignee in its discretion so decides, to treat all or any portion of the assignment set forth herein as an allocation for a project with a carryforward purpose. c 5 . This Assignment shall not constitute a debt or indebtedness or financial obligation Q of the Assignor within the meaning of the constitution or statutes of the State of Colorado, nor = give rise to a pecuniary liability or charge against the general credit or taxing power of the m° Assignor. Q [The remainder of this page is intentionally left blank] L a c� 0 N ti N O O Q t K W rM d E C.1 a 2 Packet Pg . 242 DRAFT Assignment of Allocation 6 -4-2019 IN WITNESS WHEREOF, the Assignor and the Assignee have caused this instrument to be executed to be effective as of the date and year first written above. CITY OF FORT COLLINS , COLORADO, as Assignor [ SEAL] Wade O . Troxell, Mayor ATTEST : APPROVED AS TO FORM : O Cn w _ a� City Clerk Assistant City Attorney c (print name) (print name) Q HOUSING CATALYST, as Assignee m° By: Q [ SEAL] Its : L a o� ATTEST : o N ti By: N Its : O0 Q x w a� E a [ Signature Page to Assignment of Allocation] S - 1 Packet Pg . 243 18 Agenda Item 18 AGENDA ITEM SUMMARY June 4 , • City Council STAFF Erin Shanley, Broadband Marketing Manager Colman Keane , Broadband Director Cyril Vidergar, Legal SUBJECT Items Relating to the Shared Use of Regional Broadband Transport and Access Services . EXECUTIVE SUMMARY A. Resolution 2019-072 Authorizing the Execution of an Intergovernmental Agreement Between the City and the City of Loveland for the Shared Use of Regional Broadband Transport and Access Services . B . Resolution 2019-073 Authorizing the Execution of an Intergovernmental Agreement Between the City and the Town of Estes Park for the Shared Use of Regional Broadband Transport and Access Services . The purpose of this item is to consider two resolutions related to intergovernmental agreements authorizing the shared regional Broadband Transport and Access services with the City of Loveland and Town of Estes Park. STAFF RECOMMENDATION Staff recommends adoption of the Resolutions . BACKGROUND / DISCUSSION Regional Broadband Transport and Access Between 2015 and 2019 , the City, Loveland and Estes Park identified the community needs and benefits available by providing a reliable , cost-effective delivery of municipal broadband network services in and through each municipality. Some of the benefits identified were : • Cost sharing-to capitalize on volume discounts by which each city pays 1 /3 of the total shared system cost • Pro-rata shares of customers-the ability to leverage volume pricing for a more robust system Staff in Loveland and Estes Park worked with the Broadband Executive Director and Fort Collins Connexion staff to design facilities and communication bandwidth (Transport and Access) that meets the scope , budget, and service requirements for each municipal network . Based on updated requirements outlined by all three municipalities , the facilities and communication bandwidth are set to include : • Multiple transport facilities . • Capacity estimated for launch of voice , video and data services . • An increase or decrease in capacity (as needs change ) in order to meet customer demands . Item # 18 Page 1 Packet Pg . 244 18 Agenda Item 18 Resolution 2019-072-Regional Transport and Access IGA with Loveland Staff is proposing Fort Collins and Loveland enter into an IGA for the construction , ownership , operation , maintenance and management of transport and access services for voice , video and internet . The intent is the parties will develop a predictable price for transport and access services for voice , video , and internet . Under the IGA, the cities would agree that Fort Collins must negotiate and contract for access to "Transport and Access" and in exchange will be paid by Loveland in accordance with a cost-allocation formula provided in the agreement. The Transport and Access must minimally : a . be of sufficient capacity and quality for both cities to each provide a 10-gigabit (Gig ) per second service to their broadband customers for the two-year IGA term . b . connect the cities' broadband networks directly to data centers in Denver, Colorado , Philadelphia , Pennsylvania , Sacramento , California , and any other data centers agreed upon by the cities . c. initial Transport and Access provided through Fort Collins shall include the following connections/components : 10-Gig to Sacramento ( Data & Video ) 1 -Gig Ethernet to Philadelphia (Voice ) 10-Gig dedicated in Denver Burstable bandwidth in Sacramento Dark Fiber to Denver Cross Connects in Sacramento and Denver Resolution 2019-073-Regional Transport and Access IGA with Estes Park Staff is also proposing Fort Collins and Estes Park enter into an IGA for the construction , ownership , operation , maintenance and management of Transport and Access services for voice , video and internet on substantially similar terms as those in the IGA with Loveland . The intent is the parties will develop a predictable price for transport and access services for voice video and internet . Under the IGA, the City and Estes Park would agree that Fort Collins must negotiate and contract for access to Transport and Access and in exchange will be paid by Estes Park in accordance with a cost-allocation formula provided in the agreement. The Transport and Access provided through the IGA with Estes Park must minimally satisfy the same criteria as that provided under the IGA with Loveland . CITY FINANCIAL IMPACTS The benefit of the IGA is that the City will have access to a more robust broadband network by sharing the overall cost with the Loveland and Estes Park . Additionally, the shared cost approach allows the City and Connexion subscribers to benefit from volume pricing on network infrastructure and bandwidth . Item # 18 Page 2 Packet Pg . 245 RESOLUTION 2019-072 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND THE CITY OF LOVELAND FOR THE SHARED USE OF REGIONAL BROADBAND TRANSPORT AND ACCESS SERVICES WHEREAS, prior to the date of this Resolution, voters of the City of Fort Collins ("City") and the City of Loveland ("Loveland") approved all legally required ballot measures at general elections, authorizing each city to acquire and operate independent municipal broadband utility facilities and networks ; and WHEREAS , the City is a Colorado home-rule municipality which has undertaken the establishment and operation of a municipal broadband utility; and WHEREAS , in accordance with Loveland City Council resolution #R- 107-2018 , Loveland, a Colorado home-rule municipality, has also undertaken the establishment and operation of a municipal broadband utility; and WHEREAS, Loveland City Council resolution #R- 107-2018 directed the Loveland city manager to establish a retail model broadband network with regional collaboration involving regional partnerships with other governmental entities, broadband utility enterprises, and owners of fiber optic cable in order to capitalize on the regional municipal broadband opportunities available to the Loveland broadband enterprise ; and WHEREAS, to provide reliable, competitive, and cost-effective broadband utility services, the City and Loveland (collectively, the "Cities") desire to collaborate with each other and neighboring governments or broadband enterprises, to leverage resources and efficiencies, including existing fiber optic connections between the Cities, for the benefit of each city' s residents and ratepayers; and WHEREAS , the Cities need access to regional and national telecommunications data facilities, with sufficient capacities and speeds, to transport data between each city' s broadband network and interstate and international telecommunications networks to meet each city' s commitments to its respective customers ; and WHEREAS , the City has negotiated the acquisition of access to such regional and national telecommunications data facilities with third party vendors, and the Cities ' respective staffs have determined that the Cities will conserve resources by sharing bulk purchase and use of such access, rather than each city independently purchasing such access ; and WHEREAS , in light of the current cost savings to the Cities and the potential for future coordination and cost saving offered by this joint purchasing opportunity, the Cities desire to coordinate efforts to obtain sufficient access to the telecommunications data facilities in accordance with the terms of the Intergovernmental Agreement for Shared Access to Broadband - 1 - Packet Pg . 246 Transport and Access Facilities attached hereto as Exhibit "A" (the "IGA") and incorporated by this reference; and WHEREAS, as Colorado governmental entities, the Cities are each authorized, pursuant to C .R. S . Section 29- 1 -203 , to cooperate or contract with one another to acquire or provide any government function, service, or facility lawfully authorized to each; and WHEREAS, the City Council has determined that the IGA is in the best interests of the City, its citizens and ratepayers to accomplish the purposes set forth therein, and that the City Manager should be authorized to execute the IGA between the City and the City of Loveland. 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 above . Section 2 . That the City Council hereby approves the IGA and authorizes the City Manager, in consultation with the City Attorney and consistent with this Resolution, to finalize the IGA and its exhibits and to execute it on the City' s behalf, in substantially the form attached hereto as Exhibit "A". Section 3 . That in addition, the City Manager is authorized, in consultation with the City Attorney, to agree to amendments to the IGA as the City Manager determines to be reasonably necessary and appropriate to protect the City' s interests or to effectuate the purposes of this Resolution, including amendment reducing Loveland' s annual Financial Commitment down to an amount of no less than $ 100,000 over the twenty-four month term of the IGA. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of June, A.D. 2019 . Mayor Pro Tem ATTEST : City Clerk -2- Packet Pg . 247 INTERGOVERNMENTAL AGREEMENT FOR SHARED ACCESS TO BROADBAND TRANSPORT AND ACCESS FACILITIES THIS INTERGOVERNMENTAL AGREEMENT FOR SHARED ACCESS TO BROADBAND TRANSPORT AND ACCESS FACILITIES ("Agreement") is made and entered into this day of , 2019 , by and between the CITY OF FORT COLLINS , COLORADO, a home-rule municipality ("Fort Collins") and the CITY OF LOVELAND, COLORADO a home-rule municipality ("Loveland"), (collectively the "Cities") . WHEREAS , prior to the date of this Agreement, voters of Fort Collins and Loveland approved all legally required ballot measures at general elections, authorizing each city to acquire and operate independent municipal broadband utility facilities and networks ; and Cn w WHEREAS, Fort Collins is a Colorado home-rule municipality which has undertaken the establishment and operation of a municipal broadband utility; and a@ WHEREAS, Loveland is a Colorado home-rule municipality which has undertaken the 0 establishment and operation of a municipal broadband utility; and J WHEREAS, as Colorado governmental entities, Fort Collins and Loveland are authorized, pursuant to C . R. S . § 29- 1 -203 , to cooperate or contract with one another to acquire or provide any government function, service, or facility lawfully authorized to each; and 0 WHEREAS , to provide reliable, competitive, and cost-effective broadband utility services, m the Cities desire to collaborate with neighboring governments or broadband enterprises, to leverage LO resources and efficiencies , including existing fiber optic connections between the Cities, for the 0 benefit of each city' s residents and ratepayers ; and Q WHEREAS , the Cities both need access to regional and national telecommunications data facilities, with sufficient capacities and speeds, to transport data between each city' s broadband w network and interstate and international telecommunications networks to meet each city' s commitments to its respective customers ; and E WHEREAS , Fort Collins has negotiated the acquisition of access to such regional and Q national telecommunications data facilities with third party vendors, and the Cities ' respective staffs have determined that the Cities will conserve resources by sharing bulk purchase and use of such access, rather than each city independently purchasing such access ; and WHEREAS, in light of the current cost savings to the Cities and the potential for future coordination and cost saving offered by this joint purchasing opportunity, the Cities wish to coordinate efforts to obtain sufficient access to the telecommunications data facilities in accordance with the terms of this Agreement; and NOW, THEREFORE , in consideration of the mutual covenants and agreements contained herein, the Cities agree as follows : Page 1 of 7 Packet Pg . 248 1 . Definitions. As used in this Agreement, the terms below shall have following meanings : Transport and Access: Telecommunications facilities leased or otherwise acquired by Fort Collins for the purpose of transporting data from the Cities ' , and any other local entity' s, broadband networks to interstate and international telecommunications networks. Transport and Access Costs : All costs paid to one or more third-party vendors, including but not limited to, one-time hook up costs, one-time servicing fees, capital costs, and monthly bandwidth costs, for lease or other acquisition of Transport and Access . 2 . Term. The term of the Agreement is from the date first written above until twenty four months after Fort Collins executes one or more contract(s) for Transport and Access or until W the Agreement is terminated, as set forth in Section 6.c . (the "Term") . The Term of this Agreement may be extended by up to three one-year periods at the discretion of Fort Collins ' Broadband Executive Director and Loveland ' s Municipal Fiber Manager by written amendment of this Agreement. Any such extension periods shall be included in the c "Term" as defined herein. J N Q 3 . Transport and Access Contracted for by Fort Collins. Fort Collins shall negotiate and contract for access to Transport and Access to be paid for by the Cities in accordance with this Agreement. The Transport and Access that Fort Collins shall lease or otherwise acquire in furtherance of this Agreement shall meet the following minimum specifications : c m a. Be of sufficient capacity and quality for both Cities to each provide a 10-gigabit (Gig) LO per second service to their broadband customers for the Term; 0 Q b. Connect the Cities ' broadband networks directly to data centers in Denver, Colorado , Philadelphia, Pennsylvania, Sacramento, California, and any other data centers agreed upon by the Cities . w c. Initial Transport and Access provided through Fort Collins shall include the following E connections/components : Q • 10-Gig to Sacramento (Data & • Burstable bandwidth in Video) Sacramento • 1 -Gig Ethernet to Philadelphia • Dark Fiber to Denver (Voice) • Cross Connects in Sacramento and • 10-Gig dedicated in Denver Denver In its sole discretion, Fort Collins may contract for additional Transport and Access for its own use or the use of any other party with whom Fort Collins wishes to collaborate . However, Loveland' s financial liability under this Agreement shall only extend to the Transport and Access Costs as provided in Section 4 below. Page 2 of 7 Packet Pg . 249 4. Payment for Transport and Access . Fort Collins shall directly pay any third-party vendor for the Transport and Access Costs . Thereafter, partial recovery of those costs by Fort Collins shall be as set forth below : a. Loveland shall be responsible for Transport and Access Costs in the following amounts during the Term of this Agreement: i. During the first twelve months , 33 % of total Transport and Access Costs; and ii. During the second twelve months, a pro rata amount based on the anticipated number of user accounts serviced by Loveland ' s broadband network relative to the total number of user accounts serviced by all entities using the Transport and Access over the course of the second twelve months ; and w iii. The Cities will separately negotiate a cost sharing methodology, based on each city' s actual Transport and Access use, for successive twelve month periods/years of this Agreement, if extended. @ as 0 b. Loveland shall pay Fort Collins for Transport and Access Costs on a monthly J basis beginning the first full month following Fort Collins ' execution of the first Q contract for Transport and Access . 5. Proportional Payment Obligations and Release. To the extent Fort Collins withholds payment, is released from payment obligations , or receives rebates, refunds, c reimbursements or any financial or in-kind relief from any third-party vendor delivering m Transport and Access , Loveland shall be afforded proportionate relief in the same manner as Fort Collins. C 00 Q 6. Access to Transport and Access. Fort Collins agrees to use good faith efforts to ensure that its access to and use of the Transport and Access does not unreasonably interfere with Loveland' s access and use . Loveland agrees to use good faith efforts to ensure that its access w to and use of the Transport and Access does not unreasonably interfere with Fort Collins ' rM access and use. E E a. As the city with immediate geographical access to the Transport and Access, Fort Q Collins recognizes that Loveland will access the Transport and Access within the boundaries of Fort Collins and by use of facilities, such as routers, to be owned by Fort Collins and shared by the Cities . As such, Fort Collins agrees to acquire equipment of appropriate size, make, or model to ensure Loveland can reasonably access the Transport and Access. b. The Cities will address cost-sharing for the purchase of such network equipment and associated license or other costs , technical and support services in a separate agreement. Page 3 of 7 Packet Pg . 250 c. If the Cities do not enter into a separate written agreement regarding network equipment and associated service cost-sharing within one hundred and eighty ( 180) days of signing this Agreement, Fort Collins may terminate this Agreement with no further liability as to delivering Transport and Access . d. Fort Collins ' obligations under this Agreement shall further be contingent on Loveland securing access to Platte River Power Authority long-haul fiber or other communication infrastructure physically connecting the Cities ' respective networks . 7. Sharing Information Regarding Transport and Access. In order to ensure consistent and effective operation of each city' s broadband network, the Cities agree to share with each other all useful information regarding the Transport and Access , as necessary and permissible in the discretion of Fort Collins ' Broadband Executive Director and Loveland' s Municipal Fiber Manager. W Notwithstanding the above, the Cities agree to otherwise treat as confidential (a) all information owned by the other party, or that relates to the business of the other party, or that is used by the other party in carrying on business, and (b) all information that is c proprietary to a third party (including the other city' s customers and suppliers) . The Cities J shall not disclose such information to any person not having a legitimate need-to-know and Q approved by the other city, nor use such information in any form to obtain an economic or other benefit for itself, or any third party. If such information is required by law, regulation or court order to be disclosed, the subject city' s disclosure shall not be greater than that which is required, and in the event of such disclosure, the disclosing city shall furnish a c copy of this Agreement to anyone requiring such disclosure and promptly advise the other m city in writing of each required disclosure . LO 0 8. Notice Prior to Expiration of Term. At least one hundred and eighty ( 180) days prior to Q the expiration of this Agreement, Fort Collins ' Broadband Executive Director and Loveland' s Municipal Fiber Manager, or their designees, shall meet to discuss potential extension and/or amendment of this Agreement, and/or integration of the w separate agreement for network equipment and associated service cost-sharing into this Agreement. Nothing set forth in this Section 8 shall be deemed to delay or otherwise E extend the scheduled expiration of the Term of the Agreement. Q 9. Subiect to Appropriation ; No Multiple Year Obligation. It is understood and agreed by the Cities that any obligation of Fort Collins or Loveland hereunder, whether direct or contingent, shall extend only to funds appropriated by the Cities ' respective city councils and encumbered for the purpose of this Agreement. The Cities do not by this Agreement, irrevocably pledge present cash reserves for payments in future fiscal years . Likewise , this Agreement shall not create a multiple- fiscal year direct or indirect debt or financial obligation of either Fort Collins or Loveland. Page 4 of 7 Packet Pg . 251 10. Employee Status. All employees of each city who perform any services in relation to this Agreement shall remain the employees solely of the city which employed them to perform such services and not of the other city. 11 . Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, by any party, express or implied, of any of the immunities, rights, benefits, protections, or other provisions of the Colorado Governmental Immunity Act, C .R. S . § 24- 10- 101 et seq. 12 . Entire Agreement. This Agreement contains the entire agreement of the Cities relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the Cities . O 13 . No Third Party Beneficiary. The Cities understand and expressly agree that w enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Cities . Nothing contained in this Agreement shall give or allow any such claim or right of action by any third person. It is the express intention of the Cities that any person other than Fort Collins c or Loveland receiving benefits under this Agreement shall be deemed to be an J incidental beneficiary only. Q c� 14. Severability. In the event a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this Agreement. c m 15. Headings. Paragraph headings used in this Agreement are for convenience of reference LO and shall in no way control or affect the meaning or interpretation of any provision of 0 this Agreement. Q 16. Notices. Written notices required under this Agreement and all other correspondence between the parties shall be directed to the following and shall be deemed received w when hand-delivered or three (3 ) days after being sent by certified mail, return receipt requested: E If to Fort Collins : Colman Keane, Broadband Executive Director Q Fort Collins Connexion 215 N. Mason Street PO Box 580 Fort Collins, CO 80521 ckeane@fcgov. com 970-224-6001 With copies to : Fort Collins City Attorney ' s Office 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80521 Page 5 of 7 Packet Pg . 252 970-221 -6520 If to Loveland: Brieana Reed-Harmel, Municipal Fiber Manager City of Loveland, Water and Power 200 Wilson Avenue Loveland, CO 80537 Brieana.Reed-Harrnel@cityofloveland. org 970-962-3592 With copies to : Loveland City Attorney' s Office Broadband Matters 500 East 3rd Street, Suite 330 O Loveland, CO 80537 N w 17. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and venue shall be in the County of Larimer, State of Colorado . 0 18. Legal Constraints. The Cities recognize the legal constraints imposed upon them by the J constitutions, statutes, and regulations of the State of Colorado and of the United States Q and imposed upon Fort Collins by its Charter and Municipal Code, and, subject to such constraints, the Cities intend to carry out the terms and conditions of this Agreement. Notwithstanding any other provision in this Agreement to the contrary, in no event shall either of the parties hereto exercise any power or take any action which shall be 0 prohibited by applicable law. m LO 19. Counterparts. This Agreement may be executed in separate counterparts, and the 0 counterparts taken together shall constitute the whole of this Agreement. Q 20. Electronic Signature. This Agreement may be executed by electronic signature in accordance with C .R. S . § 24-71 . 3 - 101 et seq. w a� E [Signature appear on the following page] Q Page 6 of 7 Packet Pg . 253 IN WITNESS WHEREOF , the Cities have executed this Agreement as of the date first above written. CITY OF FORT COLLINS, COLORADO ATTEST : By: By: City Manager City Clerk APPROVED AS TO FORM : By: o Assistant City Attorney w c CITY OF LOVELAND, COLORADO ATTEST : a 0 By: By: J City Manager City Clerk Q C9 APPROVED AS TO FORM : c By: c Assistant m r� U) 0 0 Q x w a� E Q Page 7 of 7 Packet Pg . 254 RESOLUTION 2019-073 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND THE TOWN OF ESTES PARK FOR THE SHARED USE OF REGIONAL BROADBAND TRANSPORT AND ACCESS SERVICES WHEREAS, prior to the date of this Resolution, voters of the City of Fort Collins ("City") and the Town of Estes Park ("Estes Park") approved all legally required ballot measures at general elections, authorizing each city to acquire and operate independent municipal broadband utility facilities and networks; and WHEREAS , the City is a Colorado home-rule municipality which has undertaken the establishment and operation of a municipal broadband utility; and WHEREAS, Estes Park, a Colorado home-rule municipality, has also undertaken the establishment and operation of a municipal broadband utility; and WHEREAS , the Estes Park Town Board directed the Estes Park city manager to establish a retail model broadband network with regional collaboration involving regional partnerships with other governmental entities, broadband utility enterprises , and owners of fiber optic cable in order to capitalize on the regional municipal broadband opportunities available to Estes Park; and WHEREAS, to provide reliable, competitive, and cost-effective broadband utility services, the City and Estes Park (collectively, the "Cities") desire to collaborate with each other and neighboring governments or broadband enterprises, to leverage resources and efficiencies, including existing fiber optic connections between the Cities, for the benefit of each city' s residents and ratepayers; and WHEREAS , the Cities need access to regional and national telecommunications data facilities, with sufficient capacities and speeds, to transport data between each city' s broadband network and interstate and international telecommunications networks to meet each city' s commitments to its respective customers ; and WHEREAS, the City has negotiated the acquisition of access to such regional and national telecommunications data facilities with third party vendors, and the Cities ' respective staffs have determined that the Cities will conserve resources by sharing bulk purchase and use of such access, rather than each city independently purchasing such access ; and WHEREAS, in light of the current cost savings to the Cities and the potential for future coordination and cost saving offered by this joint purchasing opportunity, the Cities desire to coordinate efforts to obtain sufficient access to the telecommunications data facilities in accordance with the terms of the Intergovernmental Agreement for Shared Access to Broadband Transport and Access Facilities attached hereto as Exhibit "A" (the "IGA") and incorporated by this reference; and - 1 - Packet Pg . 255 WHEREAS, as Colorado governmental entities, the Cities are each authorized, pursuant to C .R. S . Section 29- 1 -203 , to cooperate or contract with one another to acquire or provide any government function, service, or facility lawfully authorized to each; and WHEREAS, the City Council has determined that the IGA is in the best interests of the City, its citizens and ratepayers to accomplish the purposes set forth therein, and that the City Manager should be authorized to execute the IGA between the City and Estes Park. 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 above . Section 2 . That the City Council hereby approves the IGA and authorizes the City Manager, in consultation with the City Attorney and consistent with this Resolution, to finalize the IGA and its exhibits and to execute it on the City' s behalf, in substantially the form attached hereto as Exhibit "A". Section 3 . That in addition, the City Manager is authorized, in consultation with the City Attorney, to agree to amendments to the IGA as the City Manager determines to be reasonably necessary and appropriate to protect the City' s interests or to effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of June, A.D . 2019 , Mayor Pro Tem ATTEST : City Clerk -2 - Packet Pg . 256 EXHIBIT A INTERGOVERNMENTAL AGREEMENT FOR SHARED ACCESS TO BROADBAND TRANSPORT AND ACCESS FACILITIES THIS INTERGOVERNMENTAL AGREEMENT FOR SHARED ACCESS TO BROADBAND TRANSPORT AND ACCESS FACILITIES ("Agreement") is made and entered into this day of , 2019 , by and between the CITY OF FORT COLLINS , COLORADO, a home-rule municipality ("Fort Collins") and the TOWN OF ESTES PARK, COLORADO a statutory municipality ("Estes Park"), (collectively the "Cities") . WHEREAS, prior to the date of this Agreement, voters of Fort Collins and Estes Park approved all legally required ballot measures at general elections, authorizing each municipality to acquire and operate independent municipal broadband utility facilities and networks ; and p co w WHEREAS, Fort Collins is a Colorado home-rule municipality which has undertaken the Y establishment and operation of a municipal broadband utility; andLM a N WHEREAS , Estes Park is a Colorado statutory municipality which has also undertaken the N establishment and operation of a municipal broadband utility; and w a WHEREAS, as Colorado governmental entities, Fort Collins and Estes Park are authorized, pursuant to C . R. S . § 29- 1 -203 , to cooperate or contract with one another to acquire or = provide any government function, service, or facility lawfully authorized to each; and 0 WHEREAS , to provide reliable, competitive, and cost-effective broadband utility services, m` the Cities desire to collaborate with neighboring governments or broadband enterprises, to leverage resources and efficiencies , including existing fiber optic connections between the Cities, for the 00 benefit of each city' s residents and ratepayers ; and a WHEREAS , the Cities both need access to regional and national telecommunications data Z facilities, with sufficient capacities and speeds, to transport data between each municipality' s w broadband network and interstate and international telecommunications networks to meet each municipality' s commitments to its respective customers ; and WHEREAS , Fort Collins has negotiated the acquisition of access to such regional and national telecommunications data facilities with third party vendors, and the Cities ' respective staffs Q have determined that the Cities will conserve resources by sharing bulk purchase and use of such access, rather than each city independently purchasing such access ; and WHEREAS, in light of the current cost savings to the Cities and the potential for future coordination and cost saving offered by this joint purchasing opportunity, the Cities wish to coordinate efforts to obtain sufficient access to the telecommunications data facilities in accordance with the terms of this Agreement; and NOW, THEREFORE , in consideration of the mutual covenants and agreements contained herein, the Cities agree as follows : Page 1 of 7 Packet Pg . 257 1 . Definitions. As used in this Agreement, the terms below shall have following meanings : Transport and Access: Telecommunications facilities leased or otherwise acquired by Fort Collins for the purpose of transporting data from the Cities ' , and any other local entity' s, broadband networks to interstate and international telecommunications networks. Transport and Access Costs : All costs paid to one or more third-party vendors, including but not limited to, one-time hook up costs, one-time servicing fees, capital costs, and monthly bandwidth costs, for lease or other acquisition of Transport and Access . 2 . Term. The term of the Agreement is from the date first written above until twenty four p months after Fort Collins executes one or more contract(s) for Transport and Access, until co the Maximum Contract Amount (defined below) is expended or is extended as provided in Y a separate amendment to this Agreement, or until the Agreement is terminated, as set forth cc in Section 6 . c . (the "Term"). , a� 3. Transport and Access Contracted for by Fort Collins . Fort Collins shall negotiate and w contract for access to Transport and Access to be paid for by the Cities in accordance with a this Agreement. The Transport and Access that Fort Collins shall lease or otherwise acquire in furtherance of this Agreement shall meet the following minimum specifications : _ a. Be of sufficient capacity and quality for both Cities to each provide a 10-gigabit (Gig) c per second service to their broadband customers for the Term; m` b. Connect the Cities ' broadband networks directly to data centers in Denver, 0 Colorado , Philadelphia, Pennsylvania, Sacramento, California, and any other data centers agreed upon by the Cities . Q c. Initial Transport and Access provided through Fort Collins shall include the following w connections/components : a� E • 10-Gig to Sacramento (Data & • Burstable bandwidth in Video) Sacramento • 1 -Gig Ethernet to Philadelphia • Dark Fiber to Denver Q (Voice) • Cross Connects in Sacramento and • 10-Gig dedicated in Denver Denver In its sole discretion, Fort Collins may contract for additional Transport and Access for its own use or the use of any other party with whom Fort Collins wishes to collaborate. However, Estes Park' s financial liability under this Agreement shall only extend to the Transport and Access Costs as provided in Section 4 below. Page 2 of 7 Packet Pg . 258 4. Payment for Transport and Access . Fort Collins shall directly pay any third-party vendor for the Transport and Access Costs . Thereafter, partial recovery of those costs by Fort Collins shall be as set forth below : a. Estes Park shall be responsible for Transport and Access Costs in the following amounts during the Term of this Agreement: i. During the first twelve months , 33 % of total Transport and Access Costs; and ii. During the second twelve months, a pro rata amount based on the anticipated number of user accounts serviced by Estes Park' s broadband network relative to the total number of user accounts serviced by all entities using the p Transport and Access over the course of the second twelve months ; and co iii. The Cities will separately negotiate a cost sharing methodology, based on Y each city' s actual Transport and Access use, for successive twelve month periods/years of this Agreement, if extended. N a� b. Estes Park shall pay Fort Collins for Transport and Access Costs on a monthly W basis beginning the first full month following Fort Collins ' execution of the first a contract for Transport and Access . The maximum contract amount Estes Park shall pay to Fort Collins over the Term of this Agreement shall in no event exceed the = sum of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) ("Maximum Contract Amount") unless this Agreement is modified to increase said amount by a c duly authorized and written agreement executed by the Cities in accordance with m` applicable legal requirements . 0 0 5. Proportional Payment Obligations and Release. To the extent Fort Collins withholds payment, is released from payment obligations, or receives rebates, refunds, a reimbursements or any financial or in-kind relief from any third-party vendor delivering Transport and Access, Estes Park shall be afforded proportionate relief in the same manner w as Fort Collins. a� E 6. Access to Transport and Access. Fort Collins agrees to use good faith efforts to ensure that its access to and use of the Transport and Access does not unreasonably interfere with Estes Park' s access and use . Estes Park agrees to use good faith efforts to ensure that its Q access to and use of the Transport and Access does not unreasonably interfere with Fort Collins ' access and use. a. As the municipality with immediate geographical access to the Transport and Access, Fort Collins recognizes that Estes Park will access the Transport and Access within the boundaries of Fort Collins and by use of facilities, such as routers, to be owned by Fort Collins and shared by the Cities. As such, Fort Collins agrees to acquire equipment of appropriate size, make, or model to ensure Estes Park can reasonably access the Transport and Access . Page 3 of 7 Packet Pg . 259 b. The Cities will address cost-sharing for the purchase of such network equipment and associated license or other costs, technical and support services in a separate agreement, and Estes Park ' s payment of those costs will not be counted toward the Maximum Contract Amount. c. If the Cities do not enter into a separate written agreement regarding network equipment and associated service cost-sharing within one hundred and eighty ( 180) days of signing this Agreement, Fort Collins may terminate this Agreement with no further liability as to delivering Transport and Access . d. Fort Collins ' obligations under this Agreement shall further be contingent on Estes Park securing access to Platte River Power Authority long-haul fiber or other p communication infrastructure physically connecting the Cities ' respective networks . co 7. Sharing Information Regarding Transport and Access. In order to ensure consistent and effective operation of each city' s broadband network, the Cities agree to share with each N other all useful information regarding the Transport and Access, as necessary and N permissible in the discretion of Fort Collins ' Broadband Executive Director and Estes w Park ' s Municipal Fiber Manager. a Notwithstanding the above, the Cities agree to otherwise treat as confidential (a) all = information owned by the other party, or that relates to the business of the other party, or that is used by the other party in carrying on business, and (b) all information that is c proprietary to a third party (including the other city' s customers and suppliers) . The Cities m` shall not disclose such information to any person not having a legitimate need-to-know and approved by the other city, nor use such information in any form to obtain an economic or 0 other benefit for itself, or any third party. If such information is required by law, regulation or court order to be disclosed, the subject city' s disclosure shall not be greater than that a which is required, and in the event of such disclosure, the disclosing city shall furnish a copy of this Agreement to anyone requiring such disclosure and promptly advise the other w city in writing of each required disclosure . a� E 8. Notice Prior to Expiration of Term. At least one hundred and eighty ( 180) days prior to the expiration of this Agreement, Fort Collins ' Broadband Executive Director and Estes Q Park ' s Municipal Fiber Manager, or their designees , shall meet to discuss potential extension and/or amendment of this Agreement, and/or integration of the separate agreement for network equipment and associated service cost-sharing into this Agreement . Nothing set forth in this Section 8 shall be deemed to delay or otherwise extend the scheduled expiration of the Term of the Agreement. 9. Subiect to Appropriation ; No Multiple Year Obligation. It is understood and agreed by the Cities that any obligation of Fort Collins or Estes Park hereunder, whether direct or contingent, shall extend only to funds appropriated by the Cities ' respective city/town council/board and encumbered for the purpose of this Page 4 of 7 Packet Pg . 260 Agreement. The Cities do not by this Agreement, irrevocably pledge present cash reserves for payments in future fiscal years . Likewise , this Agreement is not intended to create a multiple -fiscal year direct or indirect debt or financial obligation of either Fort Collins or Estes Park. 10. Employee Status. All employees of each municipality who perform any services in relation to this Agreement shall remain the employees solely of the municipality which employed them to perform such services and not of the other municipality. 11 . Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, by any party, express or implied, of any of the immunities, rights, benefits, protections, or other provisions of the Colorado Governmental Immunity Act, C .R. S . § 24- 10- 101 et seq. p U) W 12 . Entire Agreement. This Agreement contains the entire agreement of the Cities relating Y to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the Cities . N a� 13 . No Third Party Beneficiary. The Cities understand and expressly agree that W enforcement of the terms and conditions of this Agreement, and all rights of action a relating to such enforcement, shall be strictly reserved to the Cities . Nothing contained in this Agreement shall give or allow any such claim or right of action by any third = person. It is the express intention of the Cities that any person other than Fort Collins or Estes Park receiving benefits under this Agreement shall be deemed to be an c incidental beneficiary only. m` qe 14. Severability. In the event a court of competent jurisdiction holds any provision of this 0 Agreement invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this Agreement. a 15. Headings. Paragraph headings used in this Agreement are for convenience of reference w and shall in no way control or affect the meaning or interpretation of any provision of this Agreement. 16. Notices. Written notices required under this Agreement and all other correspondence Q between the parties shall be directed to the following and shall be deemed received when hand-delivered or three (3 ) days after being sent by certified mail, return receipt requested: If to Fort Collins : Colman Keane, Broadband Executive Director Fort Collins Connexion 215 N. Mason Street PO Box 580 Fort Collins, CO 80521 ckeane@fcgov. com Page 5 of 7 Packet Pg . 261 970-224-6001 With copies to : Fort Collins City Attorney ' s Office 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80521 970-221 -6520 If to Estes Park: Josh Cramer, Municipal Fiber Manager josh@cramerdev. com cramerdev. com Reuben Bergsten, Utilities Director Town of Estes Park, Light and Power 615 Elm Road p P .O . Box 1200 w Estes Park, CO 80517 rber _ sg tenkestes . org 970-577-3583 , a� With copies to : Estes Park Town Attorney W Gregory A. White a Attorney At Law 1423 West 29th Street Loveland, CO 80538 0 L m 17. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and venue shall be in the County of Larimer, State of Colorado . 0 18. Legal Constraints. The Cities recognize the legal constraints imposed upon them by the a constitutions, statutes , and regulations of the State of Colorado and of the United States and imposed upon Fort Collins by its Charter and Municipal Code, and, subject to such w constraints, the Cities intend to carry out the terms and conditions of this Agreement. Notwithstanding any other provision in this Agreement to the contrary, in no event shall either of the parties hereto exercise any power or take any action which shall be prohibited by applicable law. 19. Counterparts. This Agreement may be executed in separate counterparts, and the counterparts taken together shall constitute the whole of this Agreement. 20. Electronic Signature. This Agreement may be executed by electronic signature in accordance with C .R. S . § 24-71 . 3 - 101 et seq. Page 6 of 7 Packet Pg . 262 IN WITNESS WHEREOF , the Cities have executed this Agreement as of the date first above written. CITY OF FORT COLLINS, COLORADO ATTEST : By: By: City Manager City Clerk APPROVED AS TO FORM : By: O Assistant City Attorney L TOWN OF ESTES PARK, COLORADO ATTEST : N a� By: By: W Town Manager Town Clerk a APPROVED AS TO FORM : _ By: c Town Attorney m` U) 0 0 Q x w a� E �a a Page 7 of 7 Packet Pg . 263 Staff Report : Alternative Fuel Equipment Conversion a� a Cr w City of • m Fort Collins UM- m "MA L Q 1 O L CO 0 . ow` 1 \ CO O U _ a� a w Z w CL Cn rM E V f� Q Packet Pg . 264 Report -Staff Alternative Fuel Equipment Conversion City of Fort • llins UM Alignment and Resources . 00 1� ► . CITY PLAN STRATEGIC 2019 BUDGET . OBJECTIVESrM LL Packet Principle ENV 4 Environmental Health RAQC Grant $ 20K - • 4 . 4 Ozone Attainment 4 . 1 CAP Goals BFO Match $ 20K 4 . 6 Fuel Consumption 4 . 2 Air Quality 2 • • Staff Report : Alternative Fuel Equipment Conversion a� E a City of W �Fort Collins Locallow Lim Ozone • • • > L a On -road 29 % °� a� L Cn Oil and gas r production o 38 % 0 .N L d C Non - road ( L & G Equipment) Q 13 /0 3 Area W 4% 3 Commercial/ Industrial Energy Generation UM 8 % � Natural 4% a 4% a L co Data from Denver 2017c • . Source Analysis , available • • http - //views . cira . colostate . edu /tsdw/ d V a Packet Pg . 266 Staff Report - Alternative Fuel Equipment Conversion a� E a City of • . _ . • _ _ �Fort Collins ,m LocalRole L a O a N 00 �A'L O .N L • • Municipal O • Efforts • • • ' - • . - • Commercial Lawn - - • and Garden W • . • - Equipment Um OLLUO i co C d V a Packet Pg . 267 Staff Report : Alternative Equipment Conversion Is Cr City f w • •rt Collins UM Equipment CL TMM 00 116 Cr LL CL Packet * # tT 4 r . r , L 1 "lT t 1 ✓i ' � vS � ie 1 An T' LySll ;i� ( 6v Ate► 5 . • 268 Staff Report : Alternative Fuel Equipment Conversion _ a� E a City of w �Fort Collins Impacts and Feedback > low Um W a O a L T _ O .N L d _ O - EMPLOYEES ENVIRONMENT _ O E Q a w a@ LL Q a cn _ m E �a a Packet Pg . 269 Staff Report - Alternative Fuel Equipment Conversion _ a� E a City of w � Fort Collins UM • • - • - • L NEXT STEPS �k�i Asti -A TjT Yt., i w , _ rqy 3f..'lx' 1. � Cn Remainder 2019 �: - TMM - co i „ V ,a c • 2020 Funding V) m Goal : Full Electric A ., Conversion Q a w UM LL Q CO _ V a Packet Pg . 270 Staff Report : Alternative Fuel Equipment Conversion 0 a� E a .s Cr City of w Fart Collins UM L a t_ 0 a L W f+ r w O Back up slides 00 �r 0 .y L > 0 U a� E a .s Cr w a@ 0 UM Q a L i Cn Iw C N E t„) a Packet Pg . 271 Staff Report : Alternative Fuel Equipment Conversion a� E a City of w �Fort CollinsNow 0 Lim Funding Timeline L a 0 00 io l m L T 00 • • n o w • • o .N L d • $ 30K BFO • $ 50K BFO • $ 50K BFO • $ 20K BFO • $ 20K BFO U ( CAP Related ) $ 15K RAQC e $ 20K RAQC a w a@ 0 UM Q a �a CO c m E �a a Packet Pg . 272 Staff Report : Alternative Fuel Equipment Conversion a� E a City of W �Fort CollinsNow UM Conversion Stra L a O a L • i WYr N wr 00 O New Technology i d ProGreen • • • • - rm O American Green Green Industry Expo Equipment Trials • • . nce Q Equipment Demos a W 7 00 00 LL Q Q 1 N c E c� <a a Packet Pg . 273 Staff Report : Alternative Fuel Equipment Conversion a E a City of w �Fort Collins UM What is Ozone > L • Not emitted directly from � � Level o sourcesCL • • Formed through photochemical Cn ( sunshine driven ) reactions o • Fossil fuel combustion ( Nitrogen O Dioxide ) -- � � � > • Biogenic/ petroleum - based o U latile evaporative emissions Organic' (Volatile Organic Compounds ) i Q • Good up high , bad nearby ! W ' • • . • • - UM direct sunlight • • ozone . Q a is co c m E is a Packet Pg . 274 Staff Report : Alternative Fuel Equipment Conversion a� E a City of W �Fort Collins • - im MunicipalLim • • n Reduction L This is what is currently only for municipal goals , but Molly probably has o a better slide ready image . L MTCO2e = metric tons of carbon dioxide equivalent N Municipal climate goals 0- ** * * Nose20 % , � o i . REDUCTION . 2005 ' , . . . . . . . . . : I 1 10 oaseline 80 % 2020 REDUCTION . . . . . . . . . . INV :. . . . . . . . . . . . . . .2011 ENTORY • • • W 21 % BELOW 2005 2030 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . u_ 2050 a co a Packet Pg . 275 Staff Report Community Dashboard Metric - Response Time to Graffiti Removal City of June 4 , 2019 Aw AK Mot, wtuft "NOM -Plum MKS ' till I pit bar all law Mimi. Fort Collins - - —• - -- '- - - 1 - - '.. '_ C . �:W�-P+,�-'-_:_..-?� 3.,T.�: :r� '_�l-!+it' s-, .�' -�� �^ '^' +.� w __ -•-`- - y ��,�� ....- _ ' - -' . r Y • ' \ ' rani _ " _ - - � �� t r --__. _ � _i __- r , . ^ rim' _ ! • Y( _ r .rj.�.. n \ Abatement Larry Schneider Staff Report Community Dashboard Metric - Response Time to Graffiti Removal City of Fort Collins Response Graffiti abated : . 4 cases t�'. ,' �f f � •ice•-: )1�- �.{ ' yy Graffiti Hotline : 416 � 2400 Email : graffiti (Mcgov. com Access Fort Collins at ftbanmbm� �� &, POF www. fcgov. com e , mr Fort Collins Easy. quick responses to your questions and comments. 2 Staff Report Community Dashboard Metric : Response Time to Graffiti Removal Fort of Response Time 0 012016 022016 032016 042016 012017 022017 032017 04 2017 012018 022018 032018 042018 01 2019 022019 032019 042019 t Target + Stretch Goal 0 Response 71me (Days) Staff Report Community Dashboard Metric : Response Time to Graffiti Removal Fort of IncidentsGraffiti Source # of Reported Incidents Llh�- MA ■ Access FC/Online ■ Hotline ■ Pro-Active Staff Report Community Dashboard Metric - Response Time to Graffiti Removal Fort of Education • Poudre School District • CSu ® z r If i , peat 1 i 19 Agenda Item 19 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Adam Molzer, Grant & Community Partnership Coordinator Ingrid Decker, Legal SUBJECT Items Relating to the Completion of the 2019 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 Consistently Therewith . EXECUTIVE SUMMARY A. Public Hearing and Resolution 2019-074 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 . 080 , 2019 , Appropriating Unanticipated Revenue in the Community Development Block Grant Fund . C . Public Hearing and First Reading of Ordinance No . 081 , 2019 , Appropriating Unanticipated Revenue in the HOME Investment Partnerships Fund . The purpose of this item is to approve funding recommendations of the 2019 Spring Cycle of the Competitive Process and appropriate federal dollars . Resolution 2019-074 completes the 2019 Spring Cycle of the Competitive Process for allocating $3 , 602 , 625 in City financial resources to affordable housing and public facility projects , human service programs and administration of the programs . Ordinance No . 080 , 2019 , appropriates the City's FY2019 CDBG Entitlement Grant and CDBG program income and CDBG Reconciled funds from FY2017 and FY2018 . Ordinance No . 081 , 2019 appropriates the City' s FY2019 HOME Participating Jurisdiction Grant from the Department of Housing and Urban Development ( HUD ) . STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinances on First Reading . BACKGROUND / DISCUSSION Resolution 2019-074 establishes which programs and projects will receive funding with CDBG , HOME , AHF and HSP funds for the 2019 program year. CDBG and HOME are federal dollars allocated through HUD . AHF and HSP funds are allocated from the General Fund (GF ) and Keep Fort Collins Great ( KFCG ) . In 2019 the total available dollar amount is $3 , 602 , 625 . The following table shows available dollars in each funding category: FY2019 Funding Categories Funding Source Amount FY2019 Housing $2 , 2247972 FY2019 Human Service $ 1 , 0687017 Item # 19 Page 1 Packet Pg . 281 19 Agenda Item 19 FY2019 Planning and Administration $287 , 636 FY2018 Planning & Administration $22 , 000 Total $3 ,6021625 Federal funds available for allocation total $2 , 187 , 930 for FY2019 and $22 , 000 for the remainder of FY2018 (which concludes 9/30/2019) . These funds are sourced from 6 categories designated by HUD , as numbered in the table below including : FY2019 Entitlement Grants ( CDBG and HOME -new funding , lines 1 and 5 below) , FY2018 and FY2017 Unanticipated Program Revenue (CDBG - new funding , lines 2 and 3 below) , Prior Year Funds (CDBG and HOME-reappropriated , lines 4 and 6 below) . Unanticipated Revenue Funds include repayments from loans issued for rehabilitation , homebuyer assistance , acquisition and development. Prior Year Funds (CDBG and HOME FY2018) represent previously Council -committed funds that are available for reallocation in the housing category only. These funds do not need to be reappropriated as they are held in nonlapsing business units . HUD regulations also require a 15% set-aside of the FY2019 HOME Entitlement Grant ($ 107 , 867 ) , for agencies certified as Community Housing Development Organizations (CHDOs ) . Fort Collins currently has one CHDO , Habitat for Humanity. Total federal contribution to the Housing category is $ 1 , 699 , 925 . 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% . Total federal contribution to the Human Service category is $ 178 , 369 : $ 161 , 794 from the FY2019 CDBG Entitlement grant and $ 16 , 575 from CDBG FY2018 Unanticipated Program Income . HUD regulations allow a maximum of 20 % of the CDBG Entitlement grant ($215 , 725) to be used for CDBG planning and program administration and 20 % of program income received ($22 , 000 ) to be used toward current year planning and administration costs . HUD regulations allow a maximum of 10 % of HOME Entitlement grant ($71 , 911 ) to be used for HOME planning and program administration . Total federal contribution to the Planning and Program Administration category is $309 , 636 . The following table provides a summary of 2019 federal funding sources for Housing , Human Service and Planning/Program Administration : Item # 19 Page 2 Packet Pg . 282 19 Agenda Item 19 FEDERALFUNDS Funding Source Total Funds Housing Human Service Planning / Admin 1 FY19 CDBG $ 1 , 078 , 629 $ 701 , 110 $ 161 , 794 $ 215 , 725 Entitlement Grant 2 FY18 Unanticipated $ 1105496 $ 715921 $ 16 , 575 $ 22 , 000 Revenue CDBG 3 FY17 Unanticipated $ 1635572 $ 1635572 Revenue CDBG 4 Prior Year CDBG Funds $ 69 , 112 $ 695112 5 FY19 HOME $ 7195116 $ 6475205 $ 713911 Entitlement Grant 6 Prior Year HOME $ 475005 $ 475005 Funds TOTAL Federal $ 2 , 187, 930 $ 1 ,69% 925 $ 178 ,369 $ 3099636 Funds The City's contribution to the Housing category is $525 , 047 . 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 2019 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 / Admin Human Service $ 5217601 $ 521 , 601 Program (GF) Affordable Housing $ 3257047 $ 3253047 Fund (GF) KFCG $ 5687047 $ 200 , 000 $ 368 , 047 TOTAL City Funds $ 194145695 $ 5255047 $ 8899648 COMBINED FUNDING TOTALS Total Funds Housing Human Service Planning / Admin $ 396029625 $ 21224, 972 $ 11068 ,017 $ 3099636 The City received 50 housing and human service applications totaling $3 , 807 ,495 . In the housing category, 3 proposals were received totaling $ 1 , 980 , 000 . In the Human Service and Public Facility category 47 applications were received totaling $ 1 , 827 ,495 (Attachment 1 ) . There is a shortage in Human Service dollars of $759 , 478 . The following table summarizes the amount of funding requests compared to the amount of funding available for each of the categories : FY2019 Funding Requests by Category Category Number of Available Requested Available - Request Applications Funding Funding Difference Administration - CDBG $ 2375725 $ 237 , 725 $ 0 Administration - HOME $ 713911 $ 717911 $ 0 Item # 19 Page 3 Packet Pg . 283 19 Agenda Item 19 Housing 3 $ 2 , 2247972 $ 11980 , 000 + $ 2447972 Human Service & Public 47 $ 11068 , 017 $ 118273495 - $ 759 , 478 Facility Totals 50 $ 31602 ,625 $ 41117, 131 - $ 514, 506 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 FY2019 , the total amount of federal funds available for allocation is $2 , 187 , 930 and the City's contribution is $ 1 ,414 , 695 . 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 . BOARD / COMMISSION RECOMMENDATION The CDBG Commission recommends adoption of their funding recommendations made on April 24 , 2019 . The Commission read all applications , listened to presentations by each housing applicant, and asked clarifying questions . In addition , in the Housing category, they 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 . Each Commissioner 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 that they had predetermined . For the 2019 grant process , several improvements were operationalized to maximize efficiencies and develop equitable funding determinations . In the summer of 2018 , a subcommittee from the CDBG Commission was convened and over 5 work sessions they identified improvements that address the plans , process and people involved with the grant program . Particular attention was given to strengthening the connection of the grant process to the City's plans , priorities , community needs and data . Objectivity and systemization were also incorporated with the addition of a criteria-based scorecard and a deliberative funding decision methodology. Opportunities for the Commission members to personally increase their awareness and expertise around social issues were also provided . 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 April 3 , 2019 , 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: Item # 19 Page 4 Packet Pg . 284 19 Agenda Item 19 Planning and Administration Category Applicant Project/Program Funding Recommended Unfunded Percent of Request Funding Balance Request Funded City of Fort Collins : CDBG $ 2377725 $ 2377725 $0 100% Administration/Planning City of Fort Collins : HOME $ 71 , 911 $ 71 , 911 $0 100% Administration/Planning Administration/Planning Total $ 309 , 636 $ 309 , 636 $0 100% Housing Category Of the $2 , 224 , 972 total housing dollars available , $30 , 954 * ( FY18 CDBG Program Income) was withheld from the Competitive Process to meet prior year funding obligations for Mason Place permanent supportive housing . The modified balance of $2 , 194 , 018 was available for allocation to current year housing applications . The CDBG Commission determined three of the three housing proposals were projects that would benefit from receiving funding , with each proposal recommended for full funding . This leaves a balance of $214 , 018 * in excess housing funds that will be carried forward for allocation to eligible housing projects in 2020 . Those recommendations are listed in the table below: Applicant Project/Program Funding Commission 's Unfunded Percent of Request Recommended Balance Request Funding Funded Habitat for Humanity: Poudre Build #6 $ 80 , 000 $ 80 , 000 $0 100% Villages , Ltd : Myrtle Street SRO $ 500 , 000 $ 500 , 000 $0 100% Volunteers of America : Senior $ 13400 , 000 $ 13400 , 000 $0 100% Residences at Spring Creek Housing Total $ 159805000 $ 159805000 $0 100% Human Service Categories In the Human Service and Public Facility category 47 proposals were received and 41 are being recommended for funding , ranging from 30% to 90% of requests . Six proposals are not being recommended for funding . There is a funding gap of $759 , 478 . Those recommendations are listed in the table below: Applicant Project/Program Funding Commission 's Unfunded Percent of Request Recommended Balance Request Funding Funded A Little Help : A Little Help in Fort Collins $ 40 , 000 $ 175000 $ 23 , 000 43% Alliance for Suicide Prevention : Suicide $ 10 , 000 $ 5 , 000 $ 5 , 000 50% Prevention Education B .A. S . E . Camp : Childcare Scholarships $ 70 , 000 $ 50 , 000 $ 20 , 000 71 % Bike Fort Collins : Active Living Program $ 75 , 000 $0 $ 75 , 000 0% Boys & Girls Clubs of Larimer County: $ 35 , 000 $ 21 , 000 $ 14 , 000 60% Building Great Futures for Fort Collins CASA Program : Court Appointed Special $ 52 , 558 $ 34 , 163 $ 18 , 395 65% Advocates CASA Program : Harmony House $ 49 , 032 $ 31 , 800 $ 17 , 232 65% Supervised Visitation Catholic Charities : Senior Services $ 91 , 000 $ 34 , 000 $ 57 , 000 37% Catholic Charities : The Mission Shelter $ 75 , 000 $ 43 , 000 $ 32 , 000 57% Item # 19 Page 5 Packet Pg . 285 19 Agenda Item 19 Applicant Project/Program Funding Commission 's Unfunded Percent of Request Recommended Balance Request Funding Funded The Center for Family Outreach : Crisis $ 24 , 128 $ 12 , 000 $ 12 , 128 50% Intervention Specialist ChildSafe Colorado : Child Sexual Abuse $ 46 , 500 $ 28 , 000 $ 18 , 500 60% Treatment Program Colorado Health Network : Northern $ 7 , 500 $ 4 , 000 $ 3 , 500 53% Colorado Health Network (NCAP) Crossroads Safehouse : Advocacy $ 58 , 203 $ 37 , 832 $ 20 , 371 65% Project Disabled Resource Services : Access to $ 36 , 830 $ 24 , 940 $ 11 , 890 68% Independence Early Childhood Council of Larimer $ 14 , 415 $ 5 , 600 $ 8 , 815 39% County: Expanding Professional Possibilities in Early Childhood Easter Seals Colorado : Fort Collins $ 10 , 000 $ 3 , 000 $ 7 , 000 30% Employment Services Elderhaus Adult Day Program : $ 55 , 000 $ 30 , 000 $ 25 , 000 55% Community Based Therapeutic Care Family Housing Network : Family Housing $ 33 , 400 $ 255191 $ 8 , 209 75% Project Food Bank for Larimer County: Kids Cafe $ 30 , 000 $ 24 , 318 $ 5 , 682 81 % Health District of Northern Larimer $ 24 , 000 $ 8 , 000 $ 165000 33% County: CAYAC School Navigator Homeward Alliance : Homeward Alliance $ 35 , 000 $ 31 , 500 $ 3 , 500 90% Programs Homeward Alliance : Murphy Center $ 35 , 000 $ 31 , 500 $ 3 , 500 90% Programs Jacob Family Services : National Youth $ 25 , 000 $0 $ 25 , 000 0% Program Using MiniBikes Youth Participation Fund Larimer County Partners : One to One $ 15 , 000 $ 7 , 000 $ 8 , 000 47% Mentoring Light of the Rockies Christian Counseling $ 25 , 000 $0 $ 25 , 000 0% Center: Low- Income Counseling Assistance Meals on Wheels for Fort Collins : Meal $ 38 , 000 $ 29 , 500 $ 8 , 500 78% Delivery Program Neighbor to Neighbor: Homelessness $ 140 , 000 $ 126 , 000 $ 145000 90% Prevention Programs Neighbor to Neighbor: HomeShare $ 50 , 000 $ 25 , 000 $ 25 , 000 50% Project Self-Sufficiency: Selfpower $ 35 , 000 $ 29 , 500 $ 5 , 500 84% Program to Self-Sufficiency Project Smile Corporation : Dental & $ 15 , 000 $0 $ 15 , 000 0% Vision Screening for PSD Children Respite Care : Childcare Scholarships $ 40 , 000 $ 36 , 000 $ 4 , 000 90% SAVA Center: Sexual Assault Victim $ 50 , 000 $ 29 , 000 $ 21 , 000 58% Services SAVA Center: Prevention Education $ 50 , 000 $ 20 , 000 $ 30 , 000 40% Item # 19 Page 6 Packet Pg . 286 19 Agenda Item 19 Applicant Project/Program Funding Commission 's Unfunded Percent of Request Recommended Balance Request Funding Funded SummitStone Health Partners : $ 35 , 000 $ 17 , 500 $ 17 , 500 50% Community Behavioral Health Treatment Program SummitStone Health Partners : $ 30 , 000 $ 15 , 000 $ 15 , 000 50% Imperative Mental Health Services at the Murphy Center Teaching Tree Early Childhood Learning $ 82 , 000 $ 73 , 800 $ 8 , 200 90% Center: Childcare Scholarships TEAM Wellness and Prevention : $ 25 , 700 $0 $ 25 , 700 0% Engaging Families Program The Family Center/La Familia : Supporting $ 50 , 000 $ 45 , 000 $ 5 , 000 90% Fort Collins Families The Growing Project : Educational Farm $ 19 , 500 $ 8 , 000 $ 115500 41 % The Matthews House : Empowering Youth $ 35 , 000 $ 23 , 644 $ 11 , 356 68% Program The Salvation Army: Rent & Utility $ 20 , 000 $ 7 , 000 $ 135000 35% Assistance Turning Point Center for Youth and $ 30 , 000 $ 15 , 000 $ 155000 50% Family Development : Crisis Intervention Services United Way of Larimer County: $ 105000 $0 $ 105000 0% WomenGive United Way of Weld County: Coordinated $ 25 , 000 $ 11 , 250 $ 13 , 750 45% Assessment & Housing Placement System (CAHPS ) Voices Carry Child Advocacy Center: $ 30 , 500 $ 20 , 226 $ 10 , 274 66% Forensic Services - Interviews & Advocacy Volunteers of America : Handyman $ 9 , 225 $ 5 , 000 $ 4 , 225 54% Program Volunteers of America : Home Delivered $ 35 , 004 $ 22 , 753 $ 12 , 251 65% Meal Service Human Service Total $ 138273495 $ 130683017 $ 759 ,478 58% 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 $ 309 , 636 9% Housing $ 139803000 59% Human Service $ 13068 , 017 32% Total $ 353575653 100% The justifications for the CDBG Commission 's recommendations can be found in Attachment 5 . Item # 19 Page 7 Packet Pg . 287 19 Agenda Item 19 PUBLIC OUTREACH At the March 27 , 2019 combined meeting the CDBG Commission and the Affordable Housing Board discussed the merits of the housing proposals , without any funding discussion . Housing applicants also had the opportunity to make presentations at that meeting and respond to questions . The CDBG Commission met on April 12 , 2019 , to discuss the merits of the human services proposals and identify follow-up questions for the applicants , without any funding discussion . The CDBG Commission held a meeting on April 24 , 2019 , to deliberate all 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 3 , 2019 , presenting the list of recommended funding for programs/projects and indicated the public comment period would start on May 4 , 2019 , and end on June 4 , 2019 . The Council meeting on June 4 , 2019 , will serve as a Public Hearing and comments will be recorded and reported to HUD in August. The public notice of funding recommendations was placed on the Social Sustainability Department's website . It was also distributed to applicants and 11 entities serving a majority of clients in legally protected classes-including those in a racial/ethnic minority, those with a disability, or female heads of households -or serving those community members who might otherwise have barriers to public participation in the City's civic engagement processes . To date no public comments have been received . ATTACHMENTS 1 . Summary of Organizations Requesting Funding and Recommendations ( PDF ) 2 . Priority Rankings of the Affordable Housing Board for Housing proposals ( PDF ) 3 . Distribution of Funding Recommendations Across Human Services Priorities ( PDF ) 4 . Scorecard Rankings of the CDBG Commission for Human Services Proposals , Evaluation Criteria and Protocol ( PDF ) 5 . CDBG Commission Minutes , April 24 , 2019 ( PDF ) 6 . Powerpoint presentation ( PDF ) Item # 19 Page 8 Packet Pg . 288 ATTACHMENT 1 19 . 1 CDBG Commission Competitive Process FY19 Summary of Organizations Requesting Funding & Recommendations HOUSING Fort Collins Habitat for Humanity - Poudre Build #6 N Request : $ 80 , 000 Recommendation : $80 , 000 Percentage : 100 % a 0 U. 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 . a E 0 Villages , Ltd . - Myrtle Street Single Room Occupancy (SRO ) Rehab Request : $500 , 000 Recommendation : $500 , 000 Percentage : 100 % c 00 Villages , Ltd . , the nonprofit arm of Housing Catalyst , is a Fort Collins , mission -driven real estate o developer that designs , builds and serves communities with homes that are affordable in Northern Colorado . This proposal supports the costs related to full rehabilitation of the existing Myrtle Street Single Room Occupancy ( SRO ) living facility . This facility is designated to provide E affordable housing for individuals earning below 50 % of the Area Median Income . E 0 U a� Volunteers of America - Senior Residences at Spring Creek Request : $ 1 , 400 , 000 Recommendation : $ 1 , 400 , 000 Percentage : 100 % _ 15 _ Volunteers of America provides affordable housing options enriched with supportive services for LL economically vulnerable older adults . This proposal supports the development costs associated with the building of 55 units of new affordable senior housing . y a� 0 a a� HUMAN ( PUBLIC ) SERVICE 0 A Little Help N Request : $40 , 000 Recommendation : $ 17 , 000 Percentage : 43 % CU 0, L O A Little Help helps older adults age in place by providing connections to important resources and o services necessary for them to maintain independence in their homes . E E Alliance for Suicide Prevention in Request : $ 10 , 000 Recommendation : $ 5 , 000 Percentage : 50 % E ASP provides suicide prevention educational programs and grief support services to youth and adults . 2 Q 1 Packet Pg . 289 19 . 1 B .A. S . E . Camp Request : $70 , 000 Recommendation : $50 , 000 Percentage : 71 % BASE Camp offers childcare service programs in PSD for grades K-8 , including : Before and After-School Care , School - Out Day Care , Summer Camp and Preschool . 0 Bike Fort Collins y N Request : $75 , 000 Recommendation : $0 Percentage : 0 % o U. a Bike Fort Collins advocates for equity in the transportation and built environment sectors and > serves as a voice for people participating in active transportation . a E 0 Boys & Girls Clubs of Larimer County Request : $ 35 , 000 Recommendation : $215000 Percentage : 60 % c 00 B &G Clubs provides after-school and school - break youth development programs at their Fort o Collins location to kids 6- 18 years . c a� CASA ( Court Appointed Special Advocates ) E E Request : $52 , 558 Recommendation : $34 , 163 Percentage : 65 % U 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 . 5 Um CASA (Court Appointed Special Advocates ) - Harmony House = M Request : $49 , 032 Recommendation : $31 , 800 Percentage : 65 % a a� 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 0 in deciding the child ' s permanent placement . N ._ �a 0, Catholic Charities - Senior Services o Request : $91 , 000 Recommendation : $34 , 000 Percentage : 37 % 0 �a E Catholic Charities in Fort Collins provides shelter and supportive services to vulnerable E populations , including services that allow low- income seniors age 60 and over to maintain self- W sufficiency . a� E Catholic Charities - The Mission Shelter a Request : $75 , 000 Recommendation : $43 , 000 Percentage : 57 % Q Catholic Charities provides shelter, food , case management , resource navigation , benefits application assistance , and transitional housing help in support of the homeless and near homeless . 2 Packet Pg . 290 19 . 1 Center for Family Outreach Request : $24 , 128 Recommendation : $ 12 , 000 Percentage : 50 % 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 . 0 ChildSafe Colorado y N Request : $46 , 500 Recommendation : $28 , 000 Percentage : 60 % o U. a ChildSafe provides comprehensive outpatient treatment to victims of childhood abuse , primarily > sexual abuse , and their non -offending family members . a E 0 Colorado Health Network — Northern Colorado AIDS Project Request : $ 7 , 500 Recommendation : $4 , 000 Percentage : 53 % c 00 NCAP strives to meet the needs of people affected by HIV and other health conditions through o prevention , care and advocacy . c a� Crossroads Safehouse E E Request : $58 , 203 Recommendation : $37 , 832 Percentage : 65 % U Crossroads Safehouse operates a domestic violence shelter providing emergency housing , crisis intervention and other services and outreach . c 15 c Disabled Resource Services UM Request : $36 , 830 Recommendation : $24 , 940 Percentage : 68 % y a� 0 a 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 o independence , dignity and equality . N �a 0, Early Childhood Council of Larimer County o Request : $ 14 , 415 Recommendation : $5 , 600 Percentage : 39 % 0 �a E ECCLC works to improve services for children and families by supporting early childhood E educators , building expertise , and working collaboratively to support all young children . M c a� Easter Seals Colorado M U Request : $ 10 , 000 Recommendation : $3 , 000 Percentage : 30 % Q 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 . 3 Packet Pg . 291 19 . 1 Elderhaus Adult Day Program Request : $55 , 000 Recommendation : $30 , 000 Percentage : 55 % Elderhaus provides therapeutic daytime programs for adults with disabilities : Down syndrome , Cerebral Palsy , dementia , traumatic brain injuries , etc . a, T 0 N Family Housing Network of Fort Collins U Request : $ 33 , 400 Recommendation : $25 , 191 Percentage : 75 % a m 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 . 0 U Food Bank for Larimer County - Kids Cafe T Request : $30 , 000 Recommendation : $24 , 318 Percentage : 81 % 00 (n c Kids Cafe 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 . E 0 Health District of Northern Larimer County Request : $24 , 000 Recommendation : $8 , 000 Percentage : 33 % �a 0i The Health District works to enhance the health of the community by encouraging healthy living , 15 providing direct care services , and leading community efforts to improve care . Um 0i c Homeward Alliance y 0 Request : $ 35 , 000 Recommendation : $31 , 500 Percentage : 90 % a N Homeward Alliance provides ten programs that offer a continuum of services to individuals and o families who are homeless or at- risk of becoming homeless . N ._ Ca 0) Homeward Alliance — Murphy Center o Request : $35 , 000 Recommendation : $31 , 500 Percentage : 90 % 0 �a E Homeward Alliance manages and operates the Sister Mary Alice Murphy Center for Hope . In E addition to the programs of Homeward Alliance , they provide oversight of the facility and the W programs that provide services to people who are homeless or at-risk of becoming homeless . a� E Jacob Family Services a Request : $25 , 000 Recommendation : $0 Percentage : 0 % Q The Jacob Center supports youth with therapeutic services and treatment as they heal from trauma . 4 Packet Pg . 292 19 . 1 Larimer County Partners Request : $ 15 , 000 Recommendation : $7 , 000 Percentage : 47 % Partners Mentoring Youth supports mentoring relationships between positive adult role models T and youth facing challenges in their personal , social and academic lives . N 0 N Light of the Rockies Christian Counseling Center o Request : $25 , 000 Recommendation : $0 Percentage : 0 % Light of the Rockies provides mental health outpatient care for individuals , families and couples . 0 U Meals on Wheels for Fort Collins M T Request : $38 , 000 Recommendation : $29 , 500 Percentage : 78 % o 0 c Meals on Wheels provides hot , noontime meals delivered to homebound seniors and persons with O 0z ca disabilities unable to safely prepare their own meals . a� E Neighbor to Neighbor - Homelessness Prevention o U Request : $ 140 , 000 Recommendation : $ 126 , 000 Percentage : 90 % W MO �a 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 15 affordable , sustainable rental housing . Um a, c Neighbor to Neighbor - HomeShare Cn Request : $50 , 000 Recommendation : $25 , 000 Percentage : 50 % N Neighbor to Neighbor' s HomeShare program supports the affordable housing needs in Fort Collins o by facilitating renter matches with senior homeowners seeking a shared housing experience . N �a 0, Project Self-Sufficiency o Request : $ 35 , 000 Recommendation : $29 , 500 Percentage : 84 % ° �a E Project Self- Sufficiency assists single parent families to become self-sufficient through career E planning , wrap around services and support that removes barriers and empowers parents to in complete education and training goals . a� E Project Smile Corporation Request : $ 15 , 000 Recommendation : $0 Percentage : 0 % Q Project Smile provides dental and vision screenings and follow- up care to PSD children . 5 Packet Pg . 293 19 . 1 Respite Care Request : $40 , 000 Recommendation : $36 , 000 Percentage : 90 % Respite Care provides short-term care for children with developmental disabilities and other o supportive services that provide respite for families . Support is available 24/7 all year for N children from infancy to age 21 . 0 N O V 0 U. a Sexual Assault Victim Advocate Center - Victim Services a� Request : $ 50 , 000 Recommendation : $29 , 000 Percentage : 58 % a E SAVA provides crisis intervention , advocacy and counseling to all those affected by sexual violence . v M T Sexual Assault Victim Advocate Center - Prevention Education Request : $50 , 000 Recommendation : $20 , 000 Percentage : 40 % c 0 �a 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 E disclose they are victims . o U aD W MO SummitStone Health Partners - Community Behavioral Health Treatment Request : $35 , 000 Recommendation : $ 17 , 500 Percentage : 50 % 15 c SummitStone provides services for behavioral health prevention , intervention and treatment . Um This program provides intensive case management and therapeutic services with housing assistance for low-to - moderate income people with severe mental illness and severe y substance use disorders . a a� SummitStone Health Partners - Mental Health Services at Murphy Center o Request : $30 , 000 Recommendation : $ 15 , 000 Percentage : 50 % N ._ Ca SummitStone provides services for behavioral health prevention , intervention and treatment . This program offers behavioral health treatment (case management , mental health and o addiction counseling ) for clients of the Murphy Center offering a one -stop option . �a E Teaching Tree Early Childhood Learning Center N Request : $ 82 , 000 Recommendation : $73 , 800 Percentage : 90 % as E Teaching Tree provides accessible and affordable early childhood care and education programs U that teach children skills to lower their risk factors and begin kindergarten with social , emotional Q and academic skills to allow them to learn . 6 Packet Pg . 294 19 . 1 TEAM Wellness and Prevention Request : $25 , 700 Recommendation : $0 Percentage : 0 % TEAM Wellness & Prevention promotes healthy lifestyles among youth through substance abuse prevention . o N N N The Family Center / La Familia o U. Request : $ 50 , 000 Recommendation : $45 , 000 Percentage : 90 % , The Family Center / La Familia provides services to help strengthen and stabilize low- income a families through affordable child care for infants , toddlers and preschool -aged children , parent o and community enrichment programs and adult education . v M T The Growing Project 00 Request : $ 19 , 500 Recommendation : $8 , 000 Percentage : 41 % o �a The Growing Project' s goal is to address food insecurity in Fort Collins through programming focused on hands-on education , food production , and food distribution . E O U aD The Matthews House W MO Request : $ 35 , 000 Recommendation : $23 , 644 Percentage : 68 % a a, c The Matthews House empowers young adults and families in transition to navigate difficulties on 15 the road to self-sufficiency; many have been in foster care , justice system , generational poverty , etc . LL a, c N The Salvation Army a Request : $20 , 000 Recommendation : $7 , 000 Percentage : 35 % N C O The Salvation Army in Fort Collins offers a variety of programs to support human service needs CU 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 . a, L O Turning Point ° Request : $30 , 000 Recommendation : $ 15 , 000 Percentage : 50 % E E W 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 . U �a Q 7 Packet Pg . 295 19 . 1 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 WomenGive program provides childcare scholarships to single mothers . o N N N United Way of Weld County o L Request : $25 , 000 Recommendation : $ 11 , 250 Percentage : 45 % , UWWC develops and supports programs that improve lives and catalyze social change and a serves as the fiscal agent for Coordinated Assessment and Housing Placement System o ( CAHPS ) efforts in Fort Collins . v M T Voices Carry Child Advocacy Center 00 Request : $ 30 , 500 Recommendation : $20 , 226 Percentage : 66 % o 0Z <a 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 . o a� Volunteers of America - Handyman Program Request : $ 9 , 225 Recommendation : $5 , 000 Percentage : 54 % 15 c The Fort Collins VOA provides services to seniors ( 60 + ) who are frail and/or home - bound to LL help them remain healthy , safe , socially connected and independent . The Handyman program c offers VOA clientele safety- related home modifications and repairs utilizing volunteers . a a� Volunteers of America - Home Delivered Meal Service N C Request : $ 35 , 004 Recommendation : $22 , 753 Percentage : 65 % 0 ca N ._ The Fort Collins VOA provides services to seniors ( 60 + ) who are frail and/or home - bound to ca help them remain healthy , safe , socially connected and independent . The meal delivery p program offers weekly boxed meals or frozen meals and nutrition risk assessments , nutrition o education/counseling , information/referral to community resources , etc . �a E E Cn c as E U �a Q 8 Packet Pg . 296 ATTACHMENT 2 19 2 Costlow, Catherine Subject: FW: AHB Remarks TOM o� 0 N N Cn d V O L IL The board feels that all three projects are worth of funding. We ranked as follows and for the following reasons: E # 1 HO-3 Volunteers of America- Senior Residences at Spring Creek U • We are excited to see a developer returning after a long hiatus to develop affordable housing in Fort c,; Collins TOM • Despite the location concerns raised at the meeting, we feel the location is good and that many of 00 the concerns will be addressed through CHFA (from an environmental standpoint) and the planning a and zoning process c • CHFA is partnering with some great service components that will really enhance the quality of living c for residents Q • 55 new affordable rental units help to meet our strategic goal of increasing affordable units .y # 2 HO-2 Villages, Ltd-Myrtle Street SRO Rehab c • This project serves a population that is challenging to house = • Despite not submitting a capital needs assessment, this rehabilitation appears to exceed what an earlier assessment indicated. The improvements are comprehensive and should cover the next 20 years. We are impressed with the thoughtful design and that they included input from residents m0 • The preservation of 15 units helps to meet our strategic goal of preserving existing affordable a, housing inventory =.N _ #3 HO-i Fort Collins Habitat for Humanity-Poudre Build = • This one is not last because we felt it any less important than the others, merely that it is the only Z one that qualifies for CHDO funds. We feel it should be fully funded. • Habitat is always a good partner and the school collaboration aspect of this project is truly w wonderful Q • This is the only homeownership affordable developer at this time • i new affordable homeownership unit helps to meet our strategic goal of increasing affordable units. a _ �a 'L KUR 'L a Jennifer R. Bray Loan Officer J N1biLS 98o758 NO � Dirept o. � Cornerstone - 9i 797.3r +� Cell: 9M290#4i71 HOME LENDING. WC. a E-fax: 866.8 !� 49• 6]'; n28u9 F. NusrwnF Rteod_ ��nd flcxir :,. jbray�:houseloanxom Pact Collicv, Colorado 80528 i iceo•ed to Colorado and Wymning- 1 Packet Pg . 297 Human Services Priorities Distribution of FY19 Recommended Funding ATTACHMENT 3 Tmm cm Diversity, Inclusion & Access Workforce Development 3 % $ 28 , 940 0 am 4 % $ 40 , 500 Healthy Food = 4% $ 47,071 - Care - Giving Services - 00 7 % $ 76, 500 Housing Opportunity & ' Stability - 32 $ 339, 441 ' co Early Childhood Education, Childcare & Youth Services 24% U. • Cn $ 262 , 044 Mental & Cu ma U. 4. Behavioral Health 26% $ 273 , 521 Total Available : $ 1, 068, 017 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 - Cu Packet 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 aCare -Giving (Senior) priority, with Healthy Food as its secondary priority . . g ATTACHMENT 4 19.4 Scorecard Rankings for 2019 Human Service Proposals Agency Project 4$355000 $319500 MMENDED c NDING C M LL r C MO Y 00 RANKING SCORE - 90 Total `m `••� a Teaching Tree Early Childhood Learning Q 1 85.78 Center Childcare Scholarships 3,$UU 90% 0 Q 2 83.78 Neighbor to Neighbor Homelessness Prevention 4• 9 g Programs 269000 90% Q 3 82.16 Homeward Alliance Murphy Center Programs o d 9or 4 81 .62 Respite Care Childcare Scholarships p p $405000 $369000 90°r = 5 $1 .56 The Family Center / La Familia Supporting Fort Collins Families $505000 $459000 90° cy 6 81 .06 Homeward Alliance Homeward Alliance Programs ,L 9 $355000 $319500 90% � 7 79.83 Project Self-Sufficiency Selfpower Program to Self- Ic ° V Sufficiency $355000 $299500 84 /0 8 79.37 Faith Family Hospitality Family Housing Project $335400 $255191 75% C 9 78.69 Food Bank for Larimer County Kids Cafe $305000 $249318 81% 10 78.58 Meals on Wheels for Fort Collins Meal Delivery Program $385000 $299500 78% 11 77.67 Disabled Resource Services Access to Independence $365830 $249940 68°io a W 12 76.83 Catholic Charities The Mission Shelter $755000 $439000 57% N 13 76.12 Sexual Assault Victim Advocate Center Sexual Assault Victim Services $505000 $299000 580/0 14 75.94 Voices Carry CAC Forensic Services - Interviews ° Q & Advocacy $305500 $209226 66 /e Q 15 75.40 B.A.S.E Camp Childcare Scholarships $705000 $509000 71% Q L 16 75.28 Catholic Charities Senior Services $915000 $349000 37% d 17 75.23 Neighbor to Neighbor HomeShare N 9 9 $505000 $259000 so°io N C� 18 74.83 The Matthews House Empowering Youth Program $355000 $239644 68% 19 74.78 CASA of Larimer Count Court Appointed Special 4) y Advocates $525558 $349163 650/0 20 74.56 CASA of Larimer County Harmony House Supervised ° Visitation Program $495032 $319800 65 /0 = 21 74.06 Volunteers of America Handyman Program ° $99225 $59000 54 /0 22 74.00 Boys & Girls Clubs Building Great Futures for Fort M y Collins $355000 $219000 60% _ 23 73.94 Volunteers of America Home Delivered Meal Service o L $355004 $229753 6s /o Q w 24 73.18 Crossroads Safehouse Advocacy Project ° $585203 $379832 65 /o = 25 71 .17 TurningPoint Crisis Intervention Services Q $309000 a$159000 50% 'N 26 71 .16 Elderhaus Adult Day Program Community Based Program $559000 $309000 55% N 27 7D.11 ChildSafe Child Sexual Abuse Treatment ,E Program $465500 $289000 60% E Imperative Mental Health Q 28 70.00 SummitStone Health Partners Services - at the Murphy Center $305000 $159000 50% V /^ 29 69.78 Center for Family Outreach Crisis Intervention Specialist $245128 $129000 50% V m 30 69.70 Larimer County Partners One to One Mentoring $155000 $79000 47% a (U m 31 69.25 The Salvation Army Re & Utility Assistance $205000 $7,000 35% Q 32 67.17 SummitStone Health Partners Com. Beh. Health Treatment Program $355000 $179500 so°/o 4 ' 33 66.62 Health District of Northern Larimer CAYAC School Navigator o Q County $24,000 $8,000 33 /o to 34 62.94 The Growing Project Educational Farm 0 $199500 $89000 41% Q 35 62.61 United Way of Weld County Coordinated Assessment & Y Housing Placement System $259000 $119250 45% 36 62.06 Sexual Assault Victim Advocate Center SAVA Prevention Education $509000 $209000 40% 37 61 .22 Easter Seals Colorado Fort Collins Employment Services $109000 $39000 30% 38 61 .11 A Little Help A Little Help in Fort Collins $409000 $179000 43% t..1 Q 39 61 .00 United Way of Larimer County WomenGive ° L..$1Q,000 $0 0 % Q 40 60.50 Colorado Health Network - NCAP Northern Colorado Health ° t..1 Network $79500 $49000 53 /0 Cn Early Childhood Council of Larimer Expanding Professional , 41 59.56 Possibilities in Early Childhood f+ County (EPPEC) $145415 $5,600 39% C 42 55.83 Alliance for Suicide Prevention Suicide Prevention Education $105000 $5,000 50% 43 51 .56 Project Smile Corporation Dental & Vision Screening for ° PSD Children $155000 $0 0 % 44 51 .17 Light of the Rockies Christian Low-Income Counseling Counseling Center Assistance $255000 $0 0% 45 48.33 TEAM Wellness & Prevention Engaging Families $255700 $0 0% National Youth Program Using 46 46.67 Jacob Family Services MiniBikes Youth Participation Fund $255000 a$0 0% 47 46.39 Bike Fort Collins Active Living Program $755000 $0 00/0 TOTAL: $15827,495 $15068,017 580/ Packet Pg . 299 19 .4 Evaluation & Deliberation Methodology Competitive Process 2019 Scorecards • Each Human Services proposal was evaluated with a scorecard by each Commissioner . o • Included 9 weighted scoring criteria ( below ) , which were aligned with application 00 questions , and assigned 0 - 3 points by each Commissioner . o • Each Commissioner was required to individually propose their own funding amount o for each proposal so that they were evaluating from a balanced budget perspective . a • Each Commission member was required to individually indicate their favor or CU disfavor for funding each proposal ( Yes/ No ) . L U Evaluation Criteria o CU • Alignment with the Social Sustainability Department' s Strategic Plan & Priorities • Measurable outcomes and consequential benefits to clients w • Responsiveness to needs and problems in Fort Collins y • Extent that the program primarily serves low - income clients $ • Collaboration and leverage with other partners a • Budget appropriateness , clarity and effectiveness W • Organizational health and history of success • Direct or indirect aid to economic, environmental and social equity interests in n the community ( Triple Bottom Line ) CU • Internal validation and importance = L O Ranking o • Standard deviation and individual score averaging were evaluated by City staff, with a determination made not to normalize or adjust the scores . • Average scores were placed in descending ranked order, with natural breaks identified within the scores . m 0 U Protocol • Baseline dollar amounts and datapoints were displayed at the funding deliberation meeting on April 24 to initiate discussion , and were not alone determinative : • Potential funding amounts established by pre - determined percentages ( applied to requested funding amount ) were applied to the color bands . ( Green-85 % , Blue-60 % , Orange-40%, Red—O % ) U • Average , proposed funding amounts from the 9 Commission member scorecards . • The favor and disfavor for funding each proposal were documented from the 9 Commission member scorecards and displayed in aggregate . • Commission began funding discussion at the top of the ranking list and moved down . U • Proposals could be revisited and budget line - items could be specified for funding . a • Color band percentages could be evaluated and adjusted for appropriateness . • Proposals with 3 + ' No ' recommendations were noted for potential detailed discussion . Packet Pg . 300 ATTACHMENT 5 19 . 5 MINUTES For Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions CDBG COMMISSION SPECIAL MEETING vvednesday , April 24 , 2019 5 : 15pm 222 Laporte Avenue Colorado River Meeting Room , First Floor 1 . CALL TO ORDER & ROLL CALL At 5 : 26 PM the meeting was called to order by Amy Dondale . o N • COMMISSION MEMBERS PRESENT : y U o Serena Thomas a o Olga Duvall > o Margaret Long a o Sara Maranowicz 0 o Steve Backsen M T o Joshua Johnson 00 o Pat Hastings o N o Amy Dondale N o Anita Basham L Q • COMMISSION MEMBERS ABSENT : _ o None = • STAFF MEMBERS : 0 .y N o Adam Molzer, Staff Liaison — City of Fort Collins E E o Beth Rosen , Social Sustainability — City of Fort Collins 0 U o Beth Sowder, Social Sustainability — City of Fort Collins m 0 o Janet Freeman , Social Sustainability — City of Fort Collins o Rob Hope , Social Sustainability — City of Fort Collins E o Dianne Tjalkens , Social Sustainability — City of Fort Collins U Q 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 . 04 / 24 / 2019 — Minutes Page 1 Packet Pg . 301 19. 5 MINUTES xwjFort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions CDBG COMMISSION SPECIAL MEETING 2 , AGENDA REVIEW Ms . Dondale reviewed the agenda with the Community Development Block Grant Commission ( " CDBG " ) . The Commission accepted the agenda without modification . o N 3 . UNFINISHED BUSINESS None 0 0 L 4 . NEW BUSINESS Ms . Dondale opened discussion for the deliberations to formulate funding recommendations . Ms . Dondale stated that the Commission has agreed that each a application is open for discussion . Ms . Dondale asked the Commission members to make o a motion for dollar amounts as they proceed and motions will be discussed , as needed , 0 11 after the motion has been seconded . Friendly amendments are allowed but must be r agreed to by the person that puts forth the initial motion . 00 Housing ( HO ) N HO - 1 Habitat for Humanity-Poudre Building #6 N Mr . Johnson motioned to be funded at $80 , 000 , seconded by Ms . Duvall . Q The motion passed unanimously 9 -0 . HO -2 Villages LTD - Myrtle Street SRO Motion to fund by Ms . Bashman at $ 500 , 000 . Seconded by Mr . Backsen . The motion passed unanimously 9 -0 . N HO -3 . VOA - Senior Residences at Spring Creek E Ms . Long motioned to fund at $ 1 , 400 , 000 . Seconded by Ms . Dondale . c°� Discussion : Mr . Johnson asked confirmation of the total available funds at $ 1 , 980 , 000 . Ms . Rosen clarified that there is $ 2 , 216 , 018 available . $236 , 018 more funding than requested . The motion passed unanimously 9-0 . Ms . Dondale made a motion to approve the Funding Matrix for " Housing " . Seconded by Ms . Long . The motion passed unanimously 9-0 . Q Human Services ( HS ) Mr . Molzer provided a review of the evaluation process and funding deliberation protocol developed by the Commission . Federal funding amounts were confirmed by HUD and all funding amounts available for recommendation are finalized . If there are unspent funds , those dollars will be carried over to the FY2020 . Mr . Molzer shared that score standard deviations were evaluated and that adjustment to scores was not necessary . Four natural breaks were determined in the rankings . Funding bands are 04 / 24 / 2019 — Minutes Page Packet Pg . 302 19. 5 MINUTES xwjFort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions CDBG COMMISSION SPECIAL MEETING being displayed at 85 % ; 60 % , 40 % , 0 % 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 . Each proposal displayed included : the average score from the 9 Commission members , the average funding recommendation provided by the 9 Commission members , the tally o of favor or disfavor of funding from the 9 Commission members , and the proposed funding amount based on the ranking band percentages . The dollar amounts displayed are not determinative and all data points are baseline determinations available for o discussion . a Ms . Basham asked if the commission would be voting by block or each one ? Mr. Molzer Q answered that they would be addressed one by one . Mr . Hastings asked how 3 or 5 " No " o recommendations will be discussed . Ms . Thomas suggested that each proposal be V discussed as they come up as opposed to beginning discussion with the " No " on the M commission forms . Ms . Basham agreed . Ms . Dondale proposed that all CD applications with more than 3 " No " recommendations be discussed . The Commission discussed if there should be a cut-off of 5 or 3 votes regarding discussion . The o commission determined that they will discuss each application as required . Mr. Molzer confirmed the final dollar amount $ 1 , 068 , 017 . N L GREEN SCORE BAND : HS -36 , 27 , 22 , 31 , 38 , 21 a HS -36 Teaching Tree = Motion by Ms . Maranowicz for $ 70 , 000 . Seconded by Ms . Basham . Mr . Johnson asked if Teaching Tree should receive full funding because of high scoring by the commission . Mr. 2 Johnson declined to make a friendly amendment . Discussion of funding as regarding to y scores followed . The Commission discussed how full funding will impact the lower-scoring E applicants . Mr . Johnson supported $ 70 , 000 . Motion passed unanimously 9-0 . 0 HS -27 Neighbor to Neighbor — Homelessness Prevention o Motion by Mr . Backsen motion for $ 113 , 000 . Seconded by Ms . Long . The motion passed on unanimously 9 -0 . E HS -22 Homeward Alliance — Murphy Center Programs Motion by Ms . Long to fund at $ 30 , 553 . Seconded by Ms . Duvall . Motion passed Q unanimously 9-0 . HS -31 Respite Care Motion by Ms . Basham for $ 30 , 826 . Seconded by Ms . Long . Friendly amendment by Mr . Backsen to fund at $ 32 , 607 , accepted by Ms . Basham . Friendly amendment by Ms . Thomas for $ 34 , 000 . Question of who owns the motion . Discussion of whether high score should warrant 85 % . Friendly amendment accepted by Ms . Basham . Motion passed 8 - 1 . Opposed by Ms . Dondale . 04 / 24 / 2019 — Minutes Page Packet Pg . 303 19. 5 MINUTES xwj o Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions CDBG COMMISSION SPECIAL MEETING HS -38 The Family Center Motion by Mr . Johnson to fund at $42 , 500 , seconded by Ms . Duvall . The motion passed unanimously 9 -0 . TOM HS -21 Homeward Alliance - Homeward Alliance Programs . 4 Cn Motion by Ms . Duvall to fund at $29 , 750 , seconded by Ms . Long . The motion passed W unanimously 9-0 . o a a Discussion of funding matrix led by Mr . Molzer . The Commission discussed funding a percentages along bands ( blue , orange , dark orange ) . Mr . Molzer explained that there o was a procedure in case of over expended recommended funds , but not in regard to unexpended funds . r 0 00 Motion to reset the blue band proposed funding amounts at 65 % by Ms . Thomas as potential funding for discussion . Seconded by Mr. Hastings . Motion passed 7 -2 . N Opposed by Mr. Johnson and Ms . Long . N Ms . Dondale called for a five - minute break . Called back to order by Ms . Dondale at 6 . 30 Q pm . BLUE SCORE BAND : HS 2 % 189 199 26 , 14 , 99 32 , 459 3 , 89 28 , 40 , 69 79 469 59 47 , 13 0 .y N HS -29 Project Self-Sufficiency. E Motion to fund at $ 28500 by Mr . Johnson , seconded by Mr. Backsen . c°� The motion passed unanimously 9 -0 . m 0 HS - 18 Faith Family Hospitality on Motion to fund at $ 24 , 191 by Ms . Duvall . Seconded by Ms . Thomas . 0 Motion passed 8- 1 . Opposed by Ms . Dondale . CIO HS - 19 Food Bank for Larimer County a Motion to fund at $ 23 , 318 by Ms . Basham . Seconded by Ms . Long . Motion passed 8- 1 . Opposed by Ms . Dondale . HS -26 Meals on Wheels for Fort Collins Motion to fund by Mr . Backsen at $23 , 319 . Seconded by Ms . Duvall . Ms . Thomas proposed a friendly amendment to increase funding to $ 24 , 000 , which was accepted . The Commission discussed funding sources of the organization . A friendly amendment 04 / 24 / 2019 — Minutes Page 4 Packet Pg . 304 19. 5 MINUTES xwjFort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions CDBG COMMISSION SPECIAL MEETING was proposed by Ms . Long to increase funding to $ 35 , 000 . The friendly amendment was declined . A friendly amendment was proposed by Ms . Long for $ 28 , 500 and agreed to by Mr . Backsen . The Commission discussed funding and revenue sources . Motion passed 5 -4 . Opposed by Ms . Thomas , Mr . Johnson , Ms . Maranowicz , Ms . Duvall . o N HS - 14 Disabled Resource Services Motion to fund at $ 23 , 940 by Ms . Duvall . Seconded by Ms . Dondale . o The motion passed 7 -2 . Opposed by Ms . Long and Mr . Backsen a ° HS -9 Catholic Charities the Mission Shelter Motion to fund at $48 , 750 by Ms . Duvall . Seconded by Ms . Maranowicz . Friendly amendment proposed by Ms . Dondale to fund at $42 , 000 . Ms . Duvall agreed to the ° U friendly amendment . The motion passed 8- 1 . Opposed by Ms . Long • • CM T HS -32 Sexual Assault Victim Advocate Center — Victim Services 00 Motion to fund at $ 28 , 000 by Ms . Dondale . Seconded by Ms . Long . The motion passed unanimously 9 -0 . CD HS -45 Voices Carry CAC N L Motion to fund at $ 20 , 000 by Ms . Thomas . Seconded by Ms . Maranowicz . The Q Commission discussed the level of funding in regard to the Commission average . The Commission also discussed the sources of funding . The motion passed unanimously 9 -0 . HS -3 B . A. S . E . Camp Motion to fund at $ 50 , 000 by Ms . Duvall . Seconded by Ms . Long . The motion passed unanimously 9 -0 . E HS -8 Catholic Charities Senior Services ° U Motion to fund at $40 , 000 by Ms . Duvall , with no second . m Motion to fund at $ 34 , 000 by Mr . Johnson . Seconded by Ms . Long . The Commission o discussed collaboration with other organizations . on Motion passed 8- 1 . Opposed by Ms . Thomas . E HS -28 Neighbor to Neighbor Home Share . U Motion to fund at $ 19 , 000 by Mr . Johnson . Seconded by Ms . Maranowicz . The Q Commission discussed the importance of the program to Fort Collins and the Commission ' s " no " votes . A friendly amendment was proposed to raise funding to $251000 by Ms . Duvall . Agreed to by Mr . Johnson . Motion passed 8 - 1 . Opposed by Ms . Basham . HS -40 . The Matthews House Empowering Youth Program . Motion to fund at $ 23 , 644 by Ms . Basham . Seconded by Ms . Long . Motion passed 8- 1 . Opposed by Ms . Thomas . 04 / 24 / 2019 — Minutes Page Packet Pg . 305 19. 5 MINUTES xwj o Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions CDBG COMMISSION SPECIAL MEETING HS -6 . CASA of Larimer County Motion to fund at $ 34 , 163 by Ms . Maranowicz . Seconded by Ms . Thomas . Motion passed 8- 1 . Opposed by Ms . Long . 0 HS -7 CASA of Larimer County - Harmony House 4 Cn Motion to fund at $ 31 , 800 by Ms . Dondale . Seconded by Ms . Thomas . W Motion passed 7 -2 . Opposed by Mr . Johnson and Ms . Long . o a a HS -46 Volunteers of America - Handy Man '- Motion to fund at $ 5 , 000 by Ms . Duvall . Seconded by Mr. Backsen . The Commission a discussed whether the 3 or more " No" votes should be discussed . Commission members E offered reasons for and against funding . A friendly amendment proposal to change funding 00 to $4 , 000 was offered by Mr . Johnson and was agreed to by Ms . Duvall . The Commission M inquired of the staff the levels of funding required for applicants to comply with grant 00 requirements . Ms . Duvall withdrew agreement to $4 , 000 and the motion was returned to $ 5 , 000 . The staff explained discrepancies between minimum funding request , federal and o local funding . Motion passed 7 -2 . Opposed by Ms . Bashan and Ms . Long . N HS -5 Boys and Girls Club . a Motion to fund at $ 21 , 000 by Mr . Johnson . Seconded by Ms . Dondale . The Commission discussed sliding fee scales for members and the amount of funding versus other applicants based on percentages . Motion passed 8- 1 . Opposed Ms . Thomas . _ HS -47 . Volunteers of America - Home Delivered Meal Services g Motion to fund at $ 30 , 000 by Mr . Backsen . Seconded by Ms . Long . Friendly amendment y by Ms . Maranowicz to fund at $22 , 753 , which was declined . Friendly amendment to $27 , 539 by Mr . Hastings , which was accepted . Motion failed 3 -6 . Opposed by Ms . 0 Thomas , Ms . Basham , Mr. Johnson , Ms . Duvall , Ms . Long , Ms . Maranowicz . m 0 HA- 13 Crossroads Safehouse . Motion to fund at $ 37 , 832 by Ms . Duvall . Seconded by Ms . Dondale . Motion passed 8- 1 . Opposed by Mr . Backsen . E U CIO HS -47 . Volunteers of America - Home Delivered Meal Services Q Motion to fund at $ 22 , 753 by Ms . Duvall . Seconded by Ms . Maranowicz . Motion passed 7 -2 . Opposed by Ms . Long and Mr. Backsen . Ms . Dondale called for a five - minute break . Called back to order by Ms . Dondale at 7 : 45pm . 04 / 24 / 2019 - Minutes Page 6 Packet Pg . 306 19. 5 MINUTES xwj o Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions CDBG COMMISSION SPECIAL MEETING Discussion to increase funding percent guidelines to 50 % ( Orange - Bright ) and 45 % ( Orange - Dark ) ; 90 % for green band . Motion to have proposals ranked between 25 - 33 apportioned at 50 % , 34 -41 apportioned at 45 % by Ms . Dondale . Seconded by Mr . o Johnson . The motion passed unanimously 9-0 . ORANGE ( BRIGHT) SCORE BAND : HS -42 , 17 , 11 , 35 , 10 , 24 , 41 , 34 , 20 0 a a HS -42 Turning Point '- Motion to fund at $ 15 , 000 by Ms . Duvall . Seconded by Mr. Johnson . a The motion passed unanimously 9 -0 . o U HS - 17 Elderhaus Adult Day Program M Motion to fund at $40 , 599 by Mr . Becksen . Seconded by Ms . Long . Friendly amendment proposed by Ms . Dondale of $ 30 , 000 . Not agreed to by Mr . Backsen . Motion failed 4 - 5 . Motion to fund at $ 30 , 000 by Mr . Johnson , Seconded by Ms . Dondale . o Motion passed 7 -2 . Opposed by Mr. Backsen and Ms . Long . N HS - 11 ChildSafe Q Motion to fund at $ 23 , 250 by Ms . Dondale . Seconded by Ms . Duvall . Friendly amendment Q proposed by Ms . Maranowicz to increase funding to $28 , 000 . Agreed to by Ms . Dondale . Motion passed 7 -2 . Opposed by Ms . Long and Mr . Backsen . _ HS -35 SummitStone Health Partners - Murphy Center 0 Motion to fund at $ 15 , 000 by Ms . Duvall . Seconded by Ms . Dondale . y The motion passed unanimously 9 -0 . 0 U HS - 10 Center for Family Outreach m Motion to fund at $ 12 , 000 by Mr . Johnson . Seconded by Ms . Duvall . o The motion passed unanimously 9 -0 . on _ 0 HS -24 Larimer County Partners E Motion to fund at $ 73000 by Ms . Dondale . Seconded by Mr . Backsen . The motion passed unanimously 9 -0 . Q HS -41 The Salvation Army Ms . Duvall recused herself. Motion to fund at $ 7 , 000 by Mr . Johnson . Seconded by Ms . Thomas . Motion passed 5 -3 . Opposed by Mr . Hastings , Ms . Maranowicz and Ms . Long . HS -34 Summit Stone Health Partners - Community Behavioral Health Treatment Motion to fund at $ 17 , 500 by Ms . Duvall . Seconded by Ms . Thomas . Motion passed 7 -2 . Opposed by Ms . Maranowicz and Ms . Long . 04 / 24 / 2019 - Minutes Page Packet Pg . 307 19. 5 MINUTES xwjFort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions CDBG COMMISSION SPECIAL MEETING HS -20 . Health District of Northern Larimer County . Motion to fund at $ 5 , 000 by Ms . Duvall . Seconded by Mr. Johnson . Motion failed 2 - 7 . Opposed by Mr . Hastings , Ms . Thomas , Ms . Basham , Ms . Dondale , Ms . Long , Mr . Backsen , Ms . Maranowicz . Motion to zero ($ 0 ) fund by Ms . Basham . Seconded by Ms . o Long . Motion failed 3 -5 . 1 abstained ( Mr. Hastings ) . Opposed by Ms . Thomas , Mr . Johnson , Ms . Dondale , Ms . Duvall , Ms . Maranowicz . Motion to fund at $2 , 500 by Mr. Johnson . Seconded by Ms . Duvall . Friendly amendment request by Ms . Dondale to fund o at $ 12 , 000 . Mr. Johnson did not agree to the friendly amendment . Motion to fund at , $2 , 500 failed 2 -7 . Opposed by Mr . Hastings , Ms . Thomas , Ms . Basham , Ms . Dondale , Ms . Long , Mr. Backsen , Ms . Maranowicz . Motion to fund at $ 8 , 000 by Ms . Thomas . a Seconded by Ms . Duvall . Motion passed 5 -4 . Final motion opposed by Ms . Basham , Mr . o Johnson , Ms . Long and Mr. Backsen . M Ms . Dondale called for a five - minute break . Called back to order by Ms . Dondale at a 8 : 51 pm . 0 N ORANGE ( DARK) SCORE BAND : HS -39 , 449 339 169 19 439 129 15 N L HS -39 The Growing Project N Motion to fund at $ 6 , 000 by Mr. Johnson . Seconded by Ms . Duvall . Friendly amendment by Ms . Dondale to increase funding to $ 8 , 000 . Agreed to by Mr. Johnson . The motion passed unanimously 9 -0 . _ 0 .y HS -44 United Way of Weld County Motion to fund at $ 11 , 250 by Ms . Maranowicz . Seconded by Ms . Duvall . Clarification from E City Staff, Ms . Sowder, regarding the City' s reallocation of direct homelessness funding c°� related to this program . Discussion continued regarding funding from Larimer and Weld m Counties . The motion passed unanimously 9-0 . HS -33 Sexual Assault Victim Advocate Center — Prevention Education Motion to fund at $ 20 , 000 by Ms . Duvall . Seconded by Ms . Dondale . Motion passed 6 -3 . Opposed by Ms . Basham , Ms . Maranowicz and Ms . Long . Q HS - 16 Easter Seals Colorado Motion to fund at $ 3 , 000 by Ms . Duvall . Seconded by Ms . Dondale . Motion passed 6 -3 . Commission members voting to oppose not documented . HS - 1 A Little Help Motion to fund at $ 17 , 000 by Ms . Duvall . Seconded by Mr . Backsen . Motion passed 8- 1 . Opposed by Ms . Maranowicz . 04 / 24 / 2019 — Minutes Page E Packet Pg . 308 19. 5 MINUTES xwj o Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions CDBG COMMISSION SPECIAL MEETING HS -43 United Way of Larimer County - WomenGive Motion to fund at $ 0 by Mr. Backsen . Seconded by Ms . Long . The motion passed unanimously 9 -0 . TOM HS - 12 Colorado Health Network 4 Cn Question to staff from Ms . Basham regarding office space of CHIN . Mr. Molzer responded that the NCAP office is in its own facility , not City-owned facility . Motion to fund at $4 , 000 0 by Ms . Dondale . Seconded by Ms . Long . , The motion passed unanimously 9 -0 . '- HS - 15 Early Childhood Council of Larimer County o Motion to fund at $ 53000 by Ms . Duvall . Seconded by Ms . Long . Friendly amendment V proposed by Ms . Dondale to adjust to $ 5 , 600 . Agreed to by Ms . Duvall . Discussion . M The motion passed unanimously 9 -0 . $5 , 600 designated for cultural competency training . 0 N RED SCORE BAND : HS -2 , 30 , 25 , 37 , 23 , 4 N HS -2 Alliance for Suicide Prevention Motion to fund $4 , 000 by Mr. Johnson . Seconded by Mr . Backsen . Friendly amendment N by Mr . Backsen to adjust funding to $ 5 , 000 and agreed to by Mr . Johnson . Ms . Duvall suggested that the commission recommend that funding go towards salary . Motion to amend the funding with $4 , 000 for salary and $ 1 , 000 for printed materials . Mr . Johnson = agreed , then rescinded amendment to restrict use of funds . Motion to fund at $ 5 , 000 passed 5-4 . Opposed by Ms . Thomas , Ms . Duvall , Ms . Maranowicz and Ms . Dondale . Ln E HS -30 Project Smile Corporation Motion to fund at $ 0 by Mr . Johnson . Seconded by Ms . Long . m Motion passed 7 -2 . Opposed by Ms . Dondale and Mr . Hastings . HS -25 Light of the Rockies Christian Counseling Center Motion to fund at $ 0 by Ms . Duvall . Seconded by Ms . Long . Motion passed 8- 1 . Opposed by Mr . Hastings . Q HS -37 TEAM Wellness and Prevention Motion to fund at $ 0 by Ms . Dondale . Seconded by Ms . Duvall . The motion passed unanimously 9 -0 . HS -23 Jacob Family Services Motion to fund at $ 0 by Ms . Duvall . Seconded by Ms . Long . The motion passed unanimously 9 -0 . 04 / 24 / 2019 - Minutes Page 9 Packet Pg . 309 19. 5 MINUTES xwjFort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions CDBG COMMISSION SPECIAL MEETING HS -4 Bike Fort Collins Motion to fund at $ 0 by Ms . Duvall . Seconded by Mr. Johnson . Motion carried 8 - 1 . Opposed by Ms . Maranowicz . o N N N d V O L All proposals were discussed and funding amounts recommended . Remaining balance of $ 31 , 223 . Discussion of whether to increase funding for the green band to 90 % , which would leave a remaining $ 7 , 226 available . a E O Motion made to fund proposals ranked 1 -6 (green band ) at 90 % by Ms . Dondale and � ? seconded by Mr . Johnson . The motion passed unanimously 9 -0 . r 0 00 The Commission discussed how to divide remaining $ 7 , 226 . Motion by Mr . Johnson to distribute remainder evenly between proposals ranked 7 - 14 . Seconded by Mr . Backsen . N Discussion . Amended to proposals ranked 7 - 13 . Friendly amendment to fund lines 7 - 13 an additional $ 1 , 000 each and remaining $ 226 going to # 14 . The motion passed N unanimously 9-0 . Q Ms . Dondale called for a five - minute break . Called back to order by Ms . Dondale at 10 : 05pm . _ Mr . Molzer reviewed the final funding matrix for Human Service proposals . N Motion to approve 2019 Human Services recommendations by Ms . Dondale . Seconded E by Ms . Thomas . The motion passed unanimously 9-0 . c°� m 5 . OTHER BUSINESS None . on _ 6 . NEXT MEETING a . Wednesday , May 8 , 2019 5 : 30pm 222 Laporte Ave , Colorado Room Q 7 . ADJOURNMENT • Meeting adjourned at 10 : 08 PM . 04 / 24 / 2019 — Minutes Page 10 Packet Pg . 310 1 City of 06-04-2019 Fort Collins � - Competitive Process Recommendations Adam Molzer — Social Sustainability Department cket - . 19 . 6 Fort ofown Competitive Process Recommendations N N O V O U. a m Overview a� of Grant ProcessE O 00 M T • Winter — Spring 2019 O nz • Affordable Housing & Human Services y .o • CDBG Commission Recommendation to Council O a c a� E U �a Q Packet Pg . 312 City of Fort Collins Competitive Process Recommendations 04 - Cn Cn STRATEGIC ALIGNMENT 00 - Cn CL CL Packet Neighborhood Livability & Social Health 1 . 1 & 1 . 2 SSD Strategic Plan Affordable Housing Strategic Plan 3 - . 19 . 6 Fort ofown Competitive Process Recommendations N N O V O U. a Funm • • Sourcea a E O Planning Source T Ir Total Funds Housing Human Services r / Admin 00 Federal nz o ( CDBG & HOME ) $ 231875930 $ 11699 , 925 $ 178 , 369 $ 309 , 636 Cn City $ 134145695 $ 525 , 047 $ 889 , 648 $ 0 ( General & KFCG ) Q L O Total $ 396029625 $ 2 , 2247972 $ 110687017 $ 3097636 E - - a Packet Pg . 314 19 . 6 Fort ofown Competitive Process Recommendations N N O V O U. a m Fun a� • • Categories O 00 M T Housing $ 2 , 224 , 972 O Human Service $ 110687017 Cn L Planning and Administration $ 3097636 .o L Total $ 33602 , 625 0 0 a c a� E U �a Q Packet Pg . 315 19 . 6 Fort ofpro Competitive Process Recommendations N N O V O U. a m Affordable Housing a a E O U M T 00 • 3 Project Proposals 4 AIL Cn 1 $ 1 . 98M Requested Q L L _ Recommend funding each proposal 100 % a. Packet Pg . 316 Competitive Process Recommendations - i h / / r, Z ` - Habitat for Humanity Villages , Ltd . Volunteers of America Poudre Build # 6 Myrtle Street SRO Senior Residences at Spring Creek $ 80 , 000 $ 500 , 000 $ 1 , 400 , 000 7 19 . 6 Fort ofpro Competitive Process Recommendations N N O V O U. a m a� Evaluation • • Human Services O U M T ` O 00 Oz /00000 Scorecards Average Criteria - Rules - Based by each Scores Based Deliberation FunRecommendation i Commissioner Tabulated Ranking Protocol O a c a� E U �a Packet Pg . 318 19 . 6 Fort ofpro Competitive Process Recommendations N N O V O U. a m > Human Services W a E 0 U t M T 47 Program Proposals00 �7 0 1 � s • $ 1 . 8M Requested Cn r Recommend funding 41 programs 0 a • Difference of $ 759 , 478 0 . a Packet Pg . 319 City of Fort Collins Competitive Process Recommendations 04 - Cn Cn Workforce Development Diversity, Inclusion & Access 4 % $ 40, 500 3 % $ 28 , 940 00 Cn CL CL Healthy Food 4% $ 47, 071 Care-Giving Services Human 7 % $ 76, 500 Housing Opportunity & Stability ervices 32 % $ 339 ,441 Priorities Early Childhood Education , Childcare & Youth Services 24 % $ 262 , 044 Mental & Behavioral Health 26% $ 273 , 521 10 19 . 6 Fort ofown Competitive Process Recommendations N N O V O U. a m a� Council Consideration . E O U M T • Resolution 2019 - 074 O • Ordinance No . 080 , 2019 y .o • Ordinance No . 081 , 2019 0 O a c a� E U �a Packet Pg . 321 RESOLUTION 2019-074 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 50 applications for the 2019 funding cycle, listened to presentations by the affordable housing applicants, and asked clarifying questions; and WHEREAS , on April 24, 2019, the CDBG Commission met to deliberate and prepare a recommendation to the City Council as to which programs and projects should be funded with FY2019 CDBG and HOME funds, FY2017 and FY2018 CDBG Unanticipated Program Revenue, and CDBG and HOME funds carried over from FY2018 , as well as City AHF and HSP funds; and WHEREAS, as required by HUD regulations, a 30 -day comment period began on May 4 , 2019 and ended on June 4, 2019 ; and WHEREAS , the City Council has considered the recommendations of the CDBG Commission and has determined that the City' s 2019 allocation should be made as set out in this Resolution. - 1 - Packet Pg . 322 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 Recommended Unfunded Percent of Request Funding Balance Request Funded City of Fort Collins : CDBG $ 2379725 $ 2371725 $0 100% Administration/Planning City of Fort Collins : HOME $ 71 ,911 $ 71 , 911 $0 100% Administration/Planning Administration/Planning Total $ 309 , 636 $ 309 , 636 $0 100% Housing Cate or Applicant Project/Program Funding Commission ' s Unfunded Percent of Request Recommended Balance Request Funding Funded Habitat for Humanity: Poudre Build $ 80,000 $ WOW $0 100% #6 Villages, Ltd : Myrtle Street SRO $ 5009000 $ 500,000 $0 100% Volunteers of America: Senior $ 114001000 $ 1 ,400,000 $0 100% Residences at Spring Creek Housing Total $ 119801000 $ I ,980,000 $0 100% Human Service Category Applicant Project/Program Funding Commission ' s Unfunded Percent of Request Recommended Balance Request Funding Funded A Little Help : A Little Help in Fort $ 40,000 $ 17 ,000 $ 23 ,000 43 % Collins Alliance for Suicide Prevention: $ 109000 $ 5 ,000 $ 5 ,000 50% Suicide Prevention Education B .A. S .E . Camp : Childcare $ 70,000 $ 50 , 000 $ 20, 000 71 % Scholarships Bike Fort Collins : Active Living $ 75 ,000 $ 0 $ 75 , 000 0% Program Boys & Girls Clubs of Larimer $ 35 ,000 $ 21 ,000 $ 14 , 000 60% County: Building Great Futures for Fort Collins -2- Packet Pg . 323 Applicant Project/ Program Funding Commission ' s Unfunded Percent of Request Recommended Balance Request Funding Funded CASA Program: Court Appointed $ 529558 $ 34, 163 $ 185395 65 % Special Advocates CASA Program: Harmony House $ 49 , 032 $ 31 , 800 $ 171232 65 % Supervised Visitation Catholic Charities : Senior Services $ 91 ,000 $ 34,000 $ 57 ,000 37% Catholic Charities : The Mission $ 75 ,000 $ 43 ,000 $ 32 ,000 57% Shelter The Center for Family Outreach: $ 24, 128 $ 125000 $ 125128 50% Crisis Intervention Specialist ChildSafe Colorado : Child Sexual $ 46 , 500 $ 28 ,000 $ 18 , 500 60% Abuse Treatment Program Colorado Health Network: Northern $ 7 , 500 $ 4, 000 $ 3 , 500 53 % Colorado Health Network CAP Crossroads Safehouse : Advocacy $ 58 ,203 S 37 , 832 $ 20 , 371 65 % Pro ' ect Disabled Resource Services : Access to $ 36 , 830 $ 24 , 940 $ 111890 68 % Independence Early Childhood Council of Larimer $ 14 ,415 $ 5 , 600 $ 8 , 815 39 % County: Expanding Professional Possibilities in Early Childhood Easter Seals Colorado : Fort Collins $ 10,000 $ 3 ,000 $ 7,000 30% Employment Services Elderhaus Adult Day Program: $ 55 , 000 $ 30, 000 $ 25 , 000 55 % Community Based Therapeutic Care Family Housing Network: Family $ 33 ,400 $ 25 , 191 $ 8,209 75 % Housing Project Food Bank for Larimer County: Kids $ 30,000 $ 24, 318 $ 5 , 682 81 % Cafe Health District of Northern Larimer $ 24 , 000 $ 8 , 000 $ MAO 33 % County: CAYAC School Navigator Homeward Alliance : Homeward $ 35 ,000 $ 31 , 500 $ 3 , 500 90 % Alliance Programs Homeward Alliance : Murphy Center $ 35 ,000 $ 31 ,500 $ 3 ,500 90% Programs Jacob Family Services : National $ 25 ,000 $0 $ 25 ,000 0% Youth Program Using MiniBikes Youth Participation Fund Larimer County Partners : One to One $ 15 , 000 $ 700 $ 800 47 % Mentorin Light of the Rockies Christian $ 25 , 000 $ 0 $ 25 , 000 0 % Counseling Center: Low-Income Counseling Assistance - 3 - Packet Pg . 324 Applicant Project/ Program Funding Commission ' s Unfunded Percent of Request Recommended Balance Request Funding Funded Meals on Wheels for Fort Collins : $ 38 ,000 $ 29 ,500 $ 8 ,500 78% Meal Delivery Program Neighbor to Neighbor: Homelessness $ 140,000 $ 126,000 $ 14,000 90% Prevention Programs Neighbor to Neighbor: HomeShare $ 50,000 $ 25 ,000 $ 25 ,000 50% Project Self- Sufficiency: Selfpower $ 35 ,000 $ 29 ,500 $ 5 ,500 84% Program to Self- Sufficiency Project Smile Corporation: Dental & $ 155000 $0 $ 151000 0% Vision Screening for PSD Children Respite Care : Childcare Scholarships $ 40,000 $ 36,000 $ 4,000 90% SAVA Center: Sexual Assault Victim $ 50,000 $ 29 ,000 $ 21 ,000 58% Services SAVA Center: Prevention Education $ 50,000 $ 20,000 $ 30,000 40% SummitStone Health Partners : $ 35 ,000 $ 17 ,500 $ 17 ,500 50% Community Behavioral Health Treatment Program SummitStone Health Partners : $ 30,000 $ 159000 $ 15 , 000 50% Imperative Mental Health Services at the Murphy Center Teaching Tree Early Childhood $ 82, 000 $ 73 , 800 $ 8 ,200 90 % Learning Center: Childcare Scholarships TEAM Wellness and Prevention: $ 25 , 700 $ 0 $ 25 ,700 0 % Engaging Families Program The Family Center/La Familia: $ 50,000 $ 45 , 000 $ 5 , 000 90% Supporting Fort Collins Families The Growing Project: Educational $ 19 , 500 $ 8 , 000 $ 11 , 500 41 % Farm The Matthews House : Empowering $ 35 ,000 $ 23 , 644 $ 11 , 356 68 % Youth Program The Salvation Army: Rent & Utility $ 20 , 000 $ 7 , 000 S 13 , 000 35 % Assistance Turning Point Center for Youth and $ 30,000 $ 15 , 000 $ 15 , 000 50 % Family Development: Crisis Intervention Services United Way of Larimer County: $ 105000 SO $ 10,000 0 % WomenGive United Way of Weld County: $ 25 ,000 S 1 1 ,250 $ 131750 45 % Coordinated Assessment & Housing Placement System CAHPS -4- Packet Pg . 325 Applicant Project/ Program Funding Commission ' s Unfunded Percent of Request Recommended Balance Request Funding Funded Voices Carry Child Advocacy Center: $ 30, 500 $ 20,226 $ 10,274 66% Forensic Services - Interviews & Advocacy Volunteers of America: Handyman $ 9 ,225 $ 5 ,000 $ 4,225 54% Program Volunteers of America: Home $ 35 ,004 $ 22 ,753 $ 12 ,251 65 % Delivered Meal Service Human Service Total $ 11827 ,495 $ I ,068 ,017 $ 759,478 58% 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 4th day of June, A.D . 2019 , Mayor Pro Tem ATTEST : City Clerk - 5 - Packet Pg . 326 ORDINANCE NO . 080, 2019 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 2019 -2020 unanticipated revenue in the form of federal Community Development Block Grant ("CDBG") funds from the Department of Housing and Urban Development (HUD) totaling $ 1 ,078 ,629 ; and WHEREAS , the City also has discovered unprogrammed CDBG funds through a reconciliation with the federal Integrated Disbursement & Information System (IDIS) of $274,068 ; and WHEREAS , on June 4, 2019 , the City Council adopted Resolution 2019-074, approving the CDBG Commission' s recommendation as to which programs and projects should receive CDBG funds in the 2019 funding cycle ; and WHEREAS, Article V, Section 9 , of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS , the City Manager has recommended the appropriations described herein and determined that these appropriations are available and previously unappropriated from the Community Development Block Grant Fund and will not cause the total amount appropriated in the Community Development Block Grant Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS , Article V, Section 11 , of the City Charter provides that federal grant appropriations shall not lapse if unexpended at the end of the budget year until the expiration of the federal grant; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of providing affordable housing and human services for City residents . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2 . That there is hereby appropriated for expenditure from unanticipated grant revenue in the federal fiscal year 2019-2020 from HUD into the Community Development Block Grant Fund, the sum of ONE MILLION SEVENTY-EIGHT THOUSAND SIX HUNDRED - 1 - Packet Pg . 327 TWENTY-NINE DOLLARS ($ 1 ,078 ,629), upon receipt thereof for federal fiscal year 2019 - 2020 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 TWO HUNDRED SEVENTY-FOUR THOUSAND SIXTY-EIGHT DOLLARS ($274,068), for approved Community Development Block Grant projects. Introduced, considered favorably on first reading, and ordered published this 4th day of June, A. D . 2019, and to be presented for final passage on the 2nd day of July, A.D . 2019 , Mayor Pro Tem ATTEST : City Clerk Passed and adopted on final reading on the 2nd day of July, A. D . 2019 . Mayor ATTEST : City Clerk -2 - Packet Pg . 328 ORDINANCE NO . 081 , 2019 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 2019 -2020 unanticipated revenue in the form of Home Investment Partnership Program ("HOME") funds from Housing and Urban Development (HUD) totaling is $719, 116; and WHEREAS , on June 4, 20191 the City Council adopted Resolution 2019 -074, approving the CDBG Commission' s recommendation as to which programs and projects should receive HOME funding in the 2019 funding cycle ; 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 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; 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 fiscal year until the expiration of the federal grant; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of providing safe and affordable housing for low- income residents. - 1 - Packet Pg . 329 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 2019-2020 in the HOME Program Fund the sum of SEVEN HUNDRED NINETEEN THOUSAND ONE HUNDRED SIXTEEN DOLLARS ($719 , 116), upon receipt from federal fiscal year 2019-2020 HOME Participating Jurisdiction Grant Funds . Introduced, considered favorably on first reading, and ordered published this 4th day of June, A. D . 2019, and to be presented for final passage on the 2nd day of July, A.D . 2019 , Mayor Pro Tern ATTEST : City Clerk Passed and adopted on final reading on the 2nd day of July, A.D . 2019 . Mayor ATTEST : City Clerk -2 - Packet Pg . 330 20 Agenda Item 20 AGENDA ITEM SUMMARY June 4 , 2019 City Council STAFF Amanda Mansfield , Transportation Planner Chris Van Hall , Legal SUBJECT Items Relating to Regulating Electric Scooters . EXECUTIVE SUMMARY A. First Reading of Ordinance No . 082 , 2019 , Amending the Fort Collins Traffic Code Relating to Electric Scooters . B . First Reading of Ordinance No . 083 , 2019 , Amending Chapter 24 of the Code of the City of Fort Collins Relating to Parking of Electric Scooters . The purpose of this item is to amend the Traffic Code and City Code relating to the regulation of the operation and parking of electric scooters . These amendments will treat electric scooters the same as bicycles and electrical assisted bicycles (with three exceptions ) and adds a definition of electric scooter that is consistent with HB 19- 1221 and regulates the parking of electric scooters . STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading . BACKGROUND / DISCUSSION Ordinance No . 082, 2019 - Traffic Code This Ordinance updates the Fort Collins Traffic Code to be consistent with House Bill 19 - 1221 ( HB19- 1221 ) . If adopted , electric scooters will operate the same , and will be treated the same , as bicycles and electrical assisted bicycles within the Fort Collins Traffic Code except in the following ways : • Electric scooters will be prohibited from being operated on natural area or park trails • Electric scooters will be required to be dismounted at crosswalks • Electric scooters will be subject to more specific parking requirements Ordinance No . 083 , 2019 - City Code This Ordinance adds the definition of " Electric scooter" to City Code Section 24- 178 , which definition is consistent with HB19- 1221 , and regulates the parking of electric scooters . Item # 20 Page 1 Packet Pg . 331 20 Agenda Item 20 Background As electric scooters spread rapidly across the country, the City of Fort Collins must be thoughtful in regulating these new shared mobility services . Currently these types of vehicles exist in an emerging and evolving regulatory landscape . Experiences from other cities show there is a need to implement policies and practices to regulate electric scooters to prevent unapproved and unregulated launches . A Request for Proposal was issued on April 29 , 2019 . Interviews with prospective companies are expected to take place the weeks of June 10 and/or June 17 , 2019 . The award of contract is expected to take place in late July with the launch of the 12-month pilot period for the electric scooter share program to follow shortly after. The proposed Code changes are part of a set of strategies to regulate electric scooters and other shared and/or portable mobility devices , including : • Parking regulations (adopted by Council on March 19 , 2019) • Downtown Dismount Zone regulation (adopted by Council on March 19 , 2019 ) ** • Dismount at crosswalk Code amendment (adopted by Council on March 19 , 2019 ) ** • A Request for Proposal to contract with and manage vendors (currently in progress) • Utilization of existing encroachment permit process (to be utilized once company is selected via Request for Proposal process ) *Parking Regulations that Impact Electric Scooters On March 19 , 2019 , Council adopted Ordinance No . 028 , 2019 , which regulates where shared mobility devices can and cannot park as follows : • Shared mobility devices may be parked in a parkway zone , beside bicycle parking , and in designated areas • Shared mobility devices may not be parked on blocks w/o sidewalks or in on -street parking spaces • No parking of shared mobility devices if doing so would : o Block pedestrian zone , fire hydrant, bus bench o Impede use of window/sign display or access to/from building o Impede the use of bicycle rack or news rack • Shared mobility devices may not be parked in the parkway zone if doing so would place them adjacent to or within transit/loading/disabled parking zone , street furniture , curb ramps , entryways , driveways **Existing Downtown Dismount Zone Regulation On March 19 , 2019 , Council adopted Ordinance No . 029 , 2019 , that established a dismount zone that includes electric scooters and other portable mobility devices , requiring users to dismount when approaching the zone . Council also amended this Ordinance to include that: "A person riding a shared mobility device shall dismount before entering any crosswalk" . BOARD / COMMISSION RECOMMENDATION At its January 16 , 2019 , meeting , the Transportation Board recommended Council approval of staffs proposed City Code and Traffic Code changes related to parking and the Downtown Dismount Zone requirements respectively. PUBLIC OUTREACH Staff conducted extensive outreach and engaged in in -depth dialogues with City boards and committees , community stakeholder groups , and electric scooter share companies . Highlights include : Item # 20 Page 2 Packet Pg . 332 20 Agenda Item 20 Board/Committee/Group Outreach • Bicycle Advisory Committee • Commission on Disability • Downtown Development Authority • Downtown Business Association • Transportation Board • Natural Resources Advisory Board • Air Quality Board Company/Staff Outreach • Ongoing company and staff engagement throughout RFP development process ( Fall 2018 - April 2019 ) • Request for Information ( RFI ) meeting to answer electric scooter share company questions (April 4 ) • Upcoming : o Staff meeting to review electric scooter share program implementation work plan and staffs roles and responsibilities ( late June) o Pre-selection negotiation process with finalist electric scooter share companies (late June - early July) Staff reached out to the community with website and social media postings related to key developments during the RFP development process in winter 2019 . Staff has developed an electric scooter share program outreach plan as well , which lays out the timeline and deliverables related to education , outreach , and marketing for the spring and summer of 2019 through the late summer launch and through the 12 -month pilot period . ATTACHMENTS 1 . Transportation Board minutes , January 16 , 2019 ( PDF ) 2 . Powerpoint presentation ( PDF ) Item # 20 Page 3 Packet Pg . 333 ATTACHMENT 1 20 . 1 MINUTES Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions TRANSPORTATION BOARD TYPE OF MEETING — REGULAR Rachline asked what is currently on Mr . Moore ' s property . Mr . Moore replied it is used for farming . Gavaldon suggested the Conifer connection remain . Brown agreed and stated it Cn would aid area residents in getting to the existing King Soopers on Conifer . Iverson stated staff is generally supportive of the proposed amendments . 0 Cn Boardmembers concurred there was no discussion related to amendment numbers 1 - 6 , 81 91 101 12 , and 13 . York made a motion , seconded by Gavaldon , to recommend to City Council w accepting all proposed amendments except 7 and 11 . The motion was adopted o unanimously . Go Hart stated he would like the City to have discussions with developers and owners to ensure the best legal and financial way forward . N With regards to item 7 , Hart suggested leaving Conifer off the Master Street Plan . L, York disagreed stating the roadway provides an east-west connection . Rachline and Gavaldon agreed with York and Gavaldon stated planning the connection will allow for proper transit planning . Gavaldon made a motion , seconded by York , to recommend to City Council the inclusion of Conifer in the Master Street Plan . The motion was adopted 4 - 2 . Regarding item number 11 , Brown expressed support stating it would link Waterglen to the proposed Montava development . m Gavaldon made a motion , seconded by Brown , to recommend to City Council o inclusion of the Suniga/Vine amendment to the Master Street Plan . The motion was adopted unanimously . a Cn b . Shared Mobility Electric Scooter Code Amendments — Amanda Mansfield Mansfield presented the electric scooter regulatory framework plan . She requested the Board make a recommendation that Council approve staff' s proposed Code updates including proposed parking regulations , that the Board support staff' s proposed RFP operational model which will include a shared mobility agreement andCU an encroachment permit requirement , and that the Board recommend that Council a support staff' s proposed public outreach approach . Mansfield stated the regulatory framework is centered around using technology , education , and enforcement to minimize parking conflicts and providers will be required to submit plans dealing with parking and weather- related occurrences . Additionally , the City currently has the authority to seize scooters obstructing rights - of-way . Mansfield stated City Council has requested a prohibition of E - scooters on Downtown 1 / 16 / 2019 — MINUTES Page ti Packet Pg . 334 20. 1 MINUTES Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS � Commissions TRANSPORTATION BOARD TYPE OF MEETING — REGULAR sidewalks and the hope is state legislation will be amended to allow E - scooters on streets and allow local jurisdictions to have more flexibility . Mansfield discussed the importance of continuity with CSU and other municipalities Cn and entities . She also discussed the proposed Code changes to parking regulations for E - scooters and other portable shared and non - shared mobility devices and o updates to the downtown dismount zone definition in the Traffic Code to allow U enforcement of proposed downtown dismount zone definition sign language . Mansfield stated staff has determined the best operational model to acquire a scooter provider is through a request for proposal . Applicants will be required to get an ``! encroachment permit and sign a shared mobility agreement . This will allow the City o to cap the number of operators . Go Mansfield detailed the outline of the proposed shared mobility agreement . o Boardmembers discussed enforcement and liability concerns and York suggested N companies be required to allow the city access to data related to users in the case of collisions . L Mansfield stated downtown businesses will be involved in parking regulations , which may involve designated areas , but will not take street parking , impede pedestrian y walkways , impede access to buildings , impede access to bike racks and other infrastructure , as per the current proposal . York suggested the possibility of using unutilized space in parking garages or alleyways for scooter parking . m Brown suggested ensuring scooters are not parked in stiped zones next to disabled o spaces . Hart asked what other cities were researched as examples . Mansfield replied many 0 cities were researched which helped staff reach the conclusion to use an RFP and limited providers . Hart suggested the companies should be able to have their own apps . E Brown suggested the formation of an easy way to report complaints . CU Gavaldon requested additional details about enforcement , parking regulations , and a the use of scooters on Transfort . Mansfield replied City and CSU Police have been involved with enforcement discussions . Boardmembers discussed the use of E - scooters at civic events such as New West Fest and football games . York suggested staff seek input from the mall and Front Range Village . Mansfield discussed the proposed public outreach which includes a press release in the spring , educational outreach , dynamic web and social media content , and 1 / 16 / 2019 — MINUTES Page S Packet Pg . 335 20. 1 MINUTES Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS � Commissions TRANSPORTATION BOARD TYPE OF MEETING — REGULAR business community outreach . Arnold asked about the expected cost of signage to the City . Mansfield replied she does not have specific estimates ; however , part of the shared mobility agreement will include financial asks of the scooter providers . Brown stated providers should be billed if the City must remove scooters from 0 inappropriate locations . Cn Mansfield outlined the next steps in the process . York asked if staff has a cut- off date for awaiting state legislative action . Mansfield w replied Council will have provided direction by March 5t" with the anticipation the o heavily - lobbied topic will have been addressed at the state level by the end of the Go session . T York made a motion , seconded by Rachline , to recommend support of the proposed N Code updates to City Council . Rachline encouraged the use of as much public outreach and education as possible . Gavaldon stated he is not ready to support the motion citing too many gaps in outreach and enforcement . The motion was adopted with Gavaldon dissenting . c . City Plan — Transportation and Transit Plan Updates — Aaron Iverson , Timothy Wilder 0 m Iverson outlined upcoming important dates in the update process and discussed the o process up to this point . He discussed the main concepts which include improving and expanding the city' s transit system and services and supporting and expanding = biking and walking networks for all ages and abilities . Cn c CU Wilder detailed the Transit Master Plan and the goal for it to adapt to land use , funding , and technology changes . He discussed the projected 2040 transit demand and projected land uses and densities . He noted innovation zones are areas outside the core transit focus areas . Regarding outcomes , Wilder stated service and ridership are doubled at double the cost , primarily through high -frequency service . CU a Wilder discussed the main populations being serviced by increased transit , including zero vehicle households , people in poverty , and individuals with limited English proficiency . He also discussed micro -transit options which may include public/private partnerships . Wilder discussed the idea of a shared mobility hub wherein different shared modes are brought together at a single location to allow users to switch from one mode to another . 1 / 16 / 2019 — MINUTES Page 6 Packet Pg . 336 ATTACHMENT City of June 4 , 2019 Fort Collins _ _ hs - LU co J • 1' Cn Cn muliull CL CL ILI _ L � r . . a. Packet =_ _ Regulation of Electric Scooters City Council Meeting . , 20 .2 Fort of L 0 Adoption on First Reading ,J ,= Cn n L 1 . Amending the Fort Collins Traffic Code Relating to Electric Scooters o 1 . Changing Traffic Code to be consistent 0' fr C with House Bill 19 - 1221 2 . Amending Sections 24 - 178 and 24 - 179 of the Code ' ti Q of the City of Fort Collins Relating to Electric _ Scooters 1 . Updating e -scooter definition in City Code 2 . Specifying in City Code that e -scooters - - have unique parking requirements M - a Packet Pg . 338 20 .2 Fort of L 0 The proposed code changes are part of a set of U strategies to regulate e -scooters and other L 0SVW shared and /or portable mobility devices , w a � � including . 00 Parking regulations Downtown Dismount Zone regulation i CL Dismount at crosswalk Code amendment CL • A Request for Proposal to contract with and manage low a. • vendors E i Use of existing encroachment permits U a Packet Pg . 339 City of Fort Collins Background Issues addressed by proposed code changes . rl � , ,. � • 14 � Conflicts with pedestrians 00 Conflicts Safety concerns ( crashes ) CL Where to operate in roadways , crosswalks , and t I - a. Image source : Gettylmages , photo by Justin Sullivan 4 Packet . g 340 City of Fort Collins Background u� • House Bill 19 = 1221 00 � I Enables e - scooters . . operated . roadwayssidewalks only - a� Packet Image Source : Wikipedia . org , photo by Greg O' Beirne 5 . • 20 .2 Fort of Proposed Traffic Code Update �cn 0 0 V Ordinance No . 082 , 2019 Amending the Fort Collins L - Traffic Code Relating to Electric Scooters . a W 00 0 • E - scooters will be treated the same as bikes and e - bikes with the following exceptions : U ;3 fG ZINN, • Prohibited from being operated on natural CL & r 'y area or park trails ; Q Required to be dismounted at crosswalks ; and * Subject to unique parking requirements E Q Packet Pg . 342 20.2 Forof ollins Proposed City Code Update N L N O O Ordinance No . 083 , 2019 , Amending Chapter co 24 the Code of the City of Fort Collins Relating - to Parking of Electric Scooters : A 00 • Section 24 - 178 : Updating City Code e - o scooter definition to be consistent with x House Bill 19 - 1221 \p L CL O Q • Section 24 - 179 : Specifying within City Code that e - scooters have unique parking a requirements - - a Packet Pg . 343 20 .2 Fort Collins Outreach 0 0 V Board / Committee/GroupCn Outreach W 0 Company/Staff Outreach • Ongoing company and staff engagement • Request for Information ( RFI ) meeting y • Staff implementation work plan meeting Q • Pre -selection negotiation process .o L 1 0 Media and Public Outreach Q . • - source : hkdc. com Packet Pg . 344 20 .2 ort F Collins ' oNext Steps L 0 0 V Cn 12 Month Pilot Period E =Scooter Share Program Priority Focus Areas W • Parking and safety compliance 0 • Community engagement o nz • Equity • Operations and management i CL • First mile/ last mile CL .o • Long -term business plan • Technological innovation a. • Sustainability/triple bottom line • Method of making data available U a Image - • Packet Pg . 345 20 .2 Fort of L 0 Adoption on First Reading ,J ,= Cn n L 1 . Amending the Fort Collins Traffic Code Relating to Electric Scooters o 1 . Changing Traffic Code to be consistent 0' fr C with House Bill 19 - 1221 2 . Amending Sections 24 - 178 and 24 - 179 of the Code ' ti Q of the City of Fort Collins Relating to Electric _ Scooters 1 . Updating e -scooter definition in City Code 2 . Specifying in City Code that e -scooters - - have unique parking requirements M Packet Pg . 346 ORDINANCE NO . 082, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE FORT COLLINS TRAFFIC CODE RELATING TO ELECTRIC SCOOTERS WHEREAS , at the time of the adoption of the Traffic Code, it was the understanding of staff and the City Council that the Traffic Code would most likely be subject to future amendments, not only for the purposes of clarification and correction of errors, but also to ensure that the Traffic Code remains consistent with state law; and WHEREAS, during the 2019 legislative session, the Colorado General Assembly passed House Bill 19- 1221 , which amends Colorado ' s Uniform Motor Vehicle Law to add a definition for the term "electric scooter" and sets forth provisions relating to the operation of electric scooters on streets and highways ; and WHEREAS , the City Council wishes to make amendments to the City of Fort Collins Traffic Code consistent with House Bill 19- 1221 , except where the City has determined that it is in the public interest, and promotes the health, safety and welfare of the citizens of the City of Fort Collins to make local amendments to how electric scooters may operate or park on streets and highways within the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2 . That Section 223 of the Traffic Code is hereby amended to read as follows : 223. - Brakes. ( 1 ) Brake equipment required: (a) Every motor vehicle, other than a motorcycle, electrical assisted bicycle , electric scooter or low-power scooter, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two (2) separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two (2) wheels . If these two (2) separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one ( 1 ) part of the operating mechanism shall not leave the motor vehicle without brakes on at least two (2) wheels . - 1 - Packet Pg . 347 (b) Eevery motorcycle and low-power scooter, when operated upon a highway, shall be equipped with at least one ( 1 ) brake, which may be operated by hand or foot. (c) Every trailer or semi-trailer of a gross weight of three thousand (3 ,000) pounds or more, when operated upon a highway, shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle and so designed as to be applied by the driver of the towing motor vehicle from the cab, and said brakes shall be so designed and connected that, in case of an accidental breakaway of the towed vehicle, the brakes shall be automatically applied. The provisions of this Paragraph (c) shall not be applicable to any trailer which does not meet the definition of "commercial vehicle" as that term is defined Paragraph 235 ( 1 )(a) and which is owned by a farmer when transporting agricultural products produced on the owner's farm or supplies back to the farm of the owner of the trailer, tank trailers not exceeding ten thousand ( 10,000) pounds gross weight used solely for transporting liquid fertilizer or gaseous fertilizer under pressure, or distributor trailers not exceeding ten thousand ( 10,000) pounds gross weight used solely for transporting and distributing dry fertilizer when hauled by a truck capable of stopping within the distance specified in Subsection (2) of this Section. (d) Every motor vehicle, trailer or semi-trailer constructed or sold in this state or operated upon the highways shall be equipped with service brakes upon all wheels of every such vehicle ; except that: (I) Any trailer or semi-trailer of less than three thousand (3 ,000) pounds gross weight, or any horse trailer of a capacity of two (2) horses or less, or any trailer which does not meet the definition of "commercial vehicle" as that term is defined in Section 235 (1)(a) and which is owned by a farmer when transporting agricultural products produced on the owner's farm or supplies back to the farm of the owner of the trailer, or tank trailers not exceeding ten thousand ( 10,000) pounds gross weight used solely for transporting liquid fertilizer or gaseous fertilizer under pressure, or distributor trailers not exceeding ten thousand ( 10,000) pounds gross weight used solely for transporting and distributing dry fertilizer when hauled by a truck capable of stopping with a loaded trailer attached in the distance specified by Subsection (2) of this Section need not be equipped with brakes, and any two-wheel motor vehicle need have brakes on only one ( 1 ) wheel . (II) Any truck or truck tractor manufactured before July 25 , 1980, and having three (3 ) or more axles, need not have brakes on the wheels of the front or tandem steering axles if the brakes on the other -2- Packet Pg . 348 wheels meet the performance requirements of Subsection (2) of this Section. (I1I) Every trailer or semi-trailer of three thousand (3 ,000) pounds or more gross weight must have brakes on all wheels . (e) Provisions of this Subsection ( 1 ) shall not apply to manufactured homes . (2) Performance ability of brakes : (a) The service brakes upon any motor vehicle or combination of vehicles shall be adequate to stop such vehicle when traveling twenty (20) miles per hour within a distance of forty (40) feet when upon dry asphalt or concrete pavement surface free from loose material where the grade does not exceed one ( 1 ) percent. (b) Under the conditions stated in Paragraph (a) of this Subsection (2), the hand brakes shall be adequate to stop such vehicle within a distance of fifty-five (55) feet, and said hand brake shall be adequate to hold such vehicle stationary on any grade upon which operated. (c) Under the conditions stated in Paragraph (a) of this Subsection (2), the service brakes upon a motor vehicle equipped with two-wheel brakes only, when permitted under this Section, shall be adequate to stop the vehicle within a distance of fifty-five (55) feet. (d) All braking distances specified in this Section shall apply to all vehicles mentioned, whether such vehicles are not loaded or are loaded to the maximum capacity permitted under this Title. (e) All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as possible with respect to the wheels on opposite sides of the vehicle . Section 3 . That Section 234 of the Traffic Code is hereby amended to read as follows : 234. - Slow-moving vehicles - display of emblem. ( 1 ) (a) All machinery, equipment and vehicles, except bicycles, electrical assisted bicycles, electric scooters and other human-powered vehicles, designed to operate or normally operated at a speed of less than twenty-five (25) miles per hour on a public highway shall display a triangular slow-moving vehicle emblem on the rear. -3 - Packet Pg . 349 (b) Bicycles, electrical assisted bicycles, electric scooters and other human- powered vehicles and neighborhood electric vehicles shall be permitted but not required to display the emblem specified in this Subsection ( 1 ) . (2) The Executive Director of the State Department of Revenue shall adopt standards and specifications for such emblem, position of the mounting thereof and requirements for certification of conformance with the standards and specifications adopted by the American Society of Agricultural Engineers concerning such emblems . The requirements of such emblem shall be in addition to any lighting device required by law. (3 ) The use of the emblem required under this Section shall be restricted to the use specified in Subsection ( 1 ) of this Section, and its use on any other type of vehicle or stationary object shall be prohibited. Section 4 . That Section 503 of the Traffic Code is hereby amended to read as follows : 503. - Projecting loads on vehicles. ( 1 ) No passenger type vehicle, except a motorcycle, bicycle , or—electrical assisted bicycle or electric scooter, shall be operated on any highway with any load carried thereon extending beyond the line of the fenders on the left side of such vehicle nor extending more than six (6) inches beyond the line of the fenders on the right side thereof. (2) The load upon any vehicle operated alone or the load upon the front vehicle of a combination of vehicles shall not extend beyond the front wheels of such vehicles or vehicle or the front most point of the grill of such vehicle ; but a load may project not more than four (4) feet beyond the front most point of the grill assembly of the vehicle engine compartment of such a vehicle at a point above the cab of the driver's compartment so long as that part of any load projecting ahead of the rear of the cab or driver's compartment shall be so loaded as not to obscure the vision of the driver to the front or to either side . (3 ) It is unlawful for any person to operate a vehicle or a motor vehicle which has attached thereto in any manner any chain, rope, wire or other equipment which drags, swings or projects in any manner so as to endanger the person or property of another. Section 5 . That Section 710 of the Traffic Code is hereby amended to read as follows : 710 . - Emerging from or entering alley, driveway or building. -4- Packet Pg . 350 ( 1 ) The driver of a vehicle emerging from an alley, driveway, building, parking lot or other place, immediately prior to driving onto a sidewalk or into the sidewalk area extending across any such alleyway, driveway or entranceway, shall yield the right-of-way to any pedestrian upon or about to enter such sidewalk or sidewalk area extending across such alleyway, driveway or entranceway, as may be necessary to avoid collision, and when entering the roadway shall comply with the provisions of Section 704. (2) The driver of a vehicle entering an alley, driveway or entranceway shall yield the right-of-way to any pedestrian within or about to enter the sidewalk or sidewalk area extending across such alleyway, driveway or entranceway. (3 ) No person shall drive any vehicle other than a bicycle, electrical assisted bicycle, electric scooter or any other human-powered vehicle upon a sidewalk or sidewalk area, except upon a permanent or duly authorized temporary driveway. Section 6 . That Section 1204 of the Traffic Code is hereby amended to read as follows : 1204. - Stopping, standing or parking prohibited in specified places. ( 1 ) Except as otherwise provided in Subsection (4) of this Section, no person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic, or in compliance with the directions of a police officer, emergency services personnel or official traffic control device, in any of the following places : (a) On a sidewalk; (b) Within an intersection; (c) On a crosswalk; (d) Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless the traffic authority indicates a different length by signs or markings; (e) Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic ; (f) On the roadway side of any vehicle stopped or parked at the edge or curb of a street; (g) Upon any bridge or other elevated structure upon a highway or within a highway tunnel ; (h) On any railroad tracks; -5 - Packet Pg . 351 (i) On any controlled-access highway; (j ) In the area between roadways of a divided highway, including crossovers; (k) At any other place where official signs prohibit stopping. (1) Upon any part of any sidewalk, grass strip, median or any other street right-of-way between the curb and the property line, except law enforcement, emergency services personnel or utility vehicles in the course of their official duties . (2) Except as otherwise provided in Subsection (4) of this Section, in addition to the restrictions specified in Subsection ( 1 ) of this Section, no person shall stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer, emergency services personnel, or an official traffic control device, in any of the following places : (a) Within five (5) feet of a public or private driveway; except (I) Buses engaged as common carriers, school busses or taxicabs may stop in such locations to load and unload passengers. (II) Vehicles being expeditiously loaded and unloaded, provided that the vehicle's flashing emergency lights are activated and the vehicle is not obstructing traffic . (b) Within fifteen ( 15) feet of a fire hydrant; (c) Within twenty (20) feet of a crosswalk; (d) Within thirty (30) feet upon the approach to any flashing beacon or signal, stop sign, yield sign or traffic control signal located at the side of a roadway; (e) Within twenty (20) feet of the driveway entrance to any fire station or on the side of a street opposite the entrance to any fire station, within seventy- five (75) feet of said entrance when properly signposted; (f) With less than two (2) feet of clearance between vehicles ; (g) At any other place where official signs or red curb markings are used to prohibit standing or parking. For purposes of this Subsection (2) and the following Subsection (3 ), all measurements shall be calculated laterally along the curb or edge of the roadway. -6- Packet Pg . 352 (3) In addition to the restrictions specified in Subsections ( 1 ) and (2) of this Section, no person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device, in any of the following places : (a) Within fifty (50) feet of the nearest rail of a railroad crossing. (b) At any other place where official signs prohibit parking. (c) To park any vehicle other than an authorized vehicle in any area designated and marked for such use. (d) Where a lane has been established on a roadway as a bicycle lane pursuant to Subsection 1013 . (4) (a) Paragraph (a) of Subsection ( 1 ) of this Section shall not prohibit persons from parking bicycles, or-electrical assisted bicycles or electric scooters on sidewalks in accordance with the provisions of Section 1412( i )(a) and. ( I 1 )(b)2106 . (b) Paragraph (f) of Subsection ( 1 ) of this Section shall not prohibit persons from parking two (2) or more bicycles , e�electrical assisted bicycles or electric scooters abreast in accordance with the provisions of Section 412( i 1 )(d)2104( 1 )(a) and ( 1 )(b) . (c) Paragraphs (a), (c) and (d) of Subsection (2) of this Section shall not apply to bicycles, or--electrical assisted bicycles or electric scooters parked on sidewalks in accordance with Section 1412( i `(a) and ( I 1 )(b)2108 . (5 ) No person shall move a vehicle not lawfully under his or her control into any such prohibited area or away from a curb such distance as is unlawful. (6) (a) No person shall park or direct another person to park a vehicle in a block face or a public parking lot for a period in excess of any time restriction established for parking in the block face or public parking. (b) Unless permission from the Parking Services Manager or designee has been granted, no person shall, after having vacated a time-restricted parking space in a lot or block face, return and park or direct another person to return and park the same vehicle in the same lot or block face within a four-hour period thereafter, regardless of whether or not the maximum time restriction has elapsed. Section 7 . That Section 1407 . 5 of the Traffic Code is hereby amended to read as follows : -7- Packet Pg . 353 1407. 5 - Splash guards - when required. ( 1 ) As used in this Section, unless the context otherwise requires : (a) Splash guard means mud flaps, rubber, plastic or fabric aprons, or other devices directly behind the rear-most wheels, designed to minimize the spray of water and other substances to the rear. (b) Splash guards must, at a minimum, be wide enough to cover the full tread of the tires being protected, hang perpendicular from the vehicle not more than ten ( 10) inches above the surface to the street or highway when the vehicle is empty, and generally maintain their perpendicular relationship under normal driving conditions . (2) Except as otherwise permitted in this Section, no vehicle or motor vehicle shall be driven or moved on any street or highway unless the vehicle is equipped with splash guards . (3 ) This Section does not apply to : (a) Passenger-carrying motor vehicles registered pursuant to Section 42 -3 - 134(4), C .R. S . ; (b) Trucks and truck tractors registered pursuant to Section 42 -3 - 134( 12) or ( 13 ), C .R. S . , having an empty weight of ten thousand ( 10,000) pounds or less; (c) Trailers equipped with fenders or utility pole trailers ; (d) Vehicles while involved in chip and seal or paving operations or road widening equipment; (e) Truck tractors or converter dollies when used in combination with other vehicles ; (f) Vehicles drawn by animals ; or (g) Bicycles, of-electrical assisted bicycles or electric scooters . Section 8 . That Section 2002 of the Traffic Code is hereby amended by the addition of a new definition "electric scooter" which reads in its entirety as follows and all subsequent definitions renumbered accordingly: ( 11 ) Electric scooter. A device weighing less than one hundred ( 100) pounds with handlebars and an electric motor that is powered by an electric motor and that has -8- Packet Pg . 354 a maximum speed of twenty (20) miles per hour on a paved level surface when powered solely by the electric motion. Electric scooter does not include an electrical assisted bicycle, electric personal assistance mobility device (EPAMD), motorcycle, or low-power scooter. Section 9 . That the definition of "Low power scooter" contained in Section 2002 of the Traffic Code is hereby amended to read as follows : ( 14) Low power scooter. A self-propelled vehicle designed primarily for use on the roadways with not more than three (3 ) wheels in contact with the ground, no manual clutch and either of the following: (a) a cylinder capacity not exceeding fifty (50) cubic centimeters if powered by internal combustion; or (b) a wattage not exceeding four thousand four hundred seventy-six (4,476) if powered by electricity. Low power scooter sha4does not include a toy vehicle, bicycle, electrical assisted bicycle, electric scooter, wheelchair or any device designed to assist mobility- people with mobility impairments who use pedestrian rights-of-way. Section 10 . That the definition "Motor vehicle" contained in Section 2002 of the Traffic Code is hereby amended to read as follows : ( 16) Motor vehicle. Any self-propelled vehicle that is designed primarily for travel on the public highways and that is generally and commonly used to transport persons and property over the public highways or a low-speed electric vehicle; except that the term does not include electrical assisted bicycles, electric scooter, low-power scooters, wheelchairs or vehicles moved solely by human power. For purposes of the offense described in section 1401 of this Traffic Code, motor vehicle includes a farm tractor or an off-highway vehicle that is not otherwise classified as a motor vehicle. Section 11 . That the definition "Toy vehicle" contained in Section 2002 of the Traffic Code is hereby amended to read as follows : (38) Toy vehicle. Any vehicle, whether or not home-built by the user, that has wheels with an outside diameter of not more than fourteen ( 14) inches and is not designed, approved or intended for use on public roadways or highways or for off-road use. Toy vehicle includes, but is not limited to, gas-powered or electric- powered vehicles, commonly known as mini bikes, "pocket" bikes, kamikaze boards, go-peds and stand-up scooters . Toy vehicle does not include electric scooters, off-highway vehicles or snowmobiles . Section 12 . That the definition "Vehicle" contained in Section 2002 of the Traffic Code is hereby amended to read as follows : -9- Packet Pg . 355 (44) Vehicle. A device that is capable of moving itself, or being moved, from place to place upon wheels or endless tracks . Vehicle includes, without limitation, a bicycle, electrical assisted bicycle, electric scooter, or electric personal assistance mobility device (EPAMD), but does not include a wheelchair, off-highway vehicle, snowmobile, farm tractor or implement of husbandry designed primarily or exclusively for use and used in agricultural operations ; or any device moved exclusively over stationary rails or tracks, or designed to move primarily through the air. Section 13 . That Section 2101 of the Traffic Code is hereby amended to read as follows : 2101 . - General provisions. ( 1 ) Every person riding a bicycle, or—electrical assisted bicycle or electric scooter upon a roadway where bicycle, electrical assisted bicycle and electric scooter travel is permitted shall be granted all of the rights and shall be subject to all of the duties and penalties applicable to the driver of a vehicle as set forth in this Traffic Code, except those provisions of this Traffic Code that, by their very nature, can have no application. Said riders shall also comply with special rules set forth in this Part and when using streets and highways within the City, shall be subject to local ordinances regulating the operation bicycle , electrical assisted bicycle and electric scooter as provided in Section 42-4- 111 , C .R. S . Whenever the word vehicle is used in any of the driving rules set forth in this Traffic Code that are applicable to bicycle, or—electrical assisted bicycle or electric scooter riders , such term shall include bicycles, electrical assisted bicycles and electric scooters . (a) These regulations not in conflict with the Rules and Regulations promulgated by Colorado State University pursuant to Sections 23 -5 - 106 and 107, C .R. S . shall apply on the campus of the University. (b) The parent of any child or guardian of any ward shall not authorize or knowingly permit any child or ward to violate any provision of this Part. (2) All persons are prohibited from riding electrical assisted bicycles while the motor is engaged, or riding an electric scooter, on a bike or pedestrian path or on a recreational trail unless otherwise authorized by the City Code . (3 ) Persons prohibited from operating or riding a class 3 electrical assisted bicycle upon roadways : (a) A person under sixteen ( 16) years of age shall not ride a class 3 electrical assisted bicycle upon any street or highway; except that such person may - 10- Packet Pg . 356 ride as a passenger on a class 3 electrical assisted bicycle that is designed to accommodate passengers. (b) A person shall not operate or ride as a passenger on a class 3 electrical assisted bicycle unless : (I) each person under eighteen ( 18) years of age is wearing a protective helmet of a type and design manufactured for use by operators of bicycles; (II) the protective helmet conforms to the design and specifications set forth by the United States Consumer Product Safety Commission or the American Society for Testing and Materials ; and (111) the protective helmet is secured properly on the person's head with a chin strap while the class 3 electrical assisted bicycle is in motion. Section 14 . That Section 2102 of the Traffic Code is hereby amended to read as follows : 2102. - Reckless and careless riding. ( 1 ) A person who drives any bicycle, or-electrical assisted bicycle or electric scooter in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless riding. A person convicted of reckless riding of a bicycle, o�electrical assisted bicycle or electric scooter shall not be subject to the provisions of Section 42-2- 127, C.R. S . (2) A person who drives a bicycle, or-electrical assisted bicycle or electric scooter in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic and use of the streets and highways and all other attendant circumstances , is guilty of careless riding. A person convicted of careless riding of a bicycle or electrical assisted bicycle shall not be subject to the provisions of Section 42-2- 127, C .R. S . Section 15 . That Section 2103 of the Traffic Code is hereby amended to read as follows : 2103 . - Left place of safety. No person shall suddenly leave a curb or other place of safety and ride a bicycle, of electrical assisted bicycle or electric scooter into the path of a moving vehicle that is so close as to constitute an immediate hazard. - 11 - Packet Pg . 357 Section 16 . That Section 2104 of the Traffic Code is hereby amended to read as follows : 2104. - Lane usage. ( 1 ) (a) Persons riding a bicycles, electrical assisted bicycle or electric scooter upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadway set aside for the exclusive use of bicycles . (b) Persons riding a bicycles, electrical assisted bicycle or electric scooter two (2) abreast shall not impede the normal and reasonable movement of traffic and, on a laved roadway, shall ride within a single lane. (2) (a) Any person operating a bicycle, electrical assisted bicycle or electric scooter upon a roadway at less than the normal speed of traffic shall ride in the right-hand lane, subject to the following conditions : (I) If the right-hand lane then available for traffic is wide enough to be safely shared with overtaking vehicles, a bicyclist or operator of an electric scooter shall ride far enough to the right as is reasonably prudent to facilitate the movement of such overtaking vehicle unless other conditions make it unsafe to do so . (II) A bicyclist or operator of an electric scooter may use a lane other than the right-hand lane when: (A) Preparing for a left turn at an intersection or into a private roadway or driveway; (B) Overtaking a slower vehicle; or (C) Taking reasonably necessary precautions to avoid hazards or road conditions . (III) Upon approaching an intersection where right turns are permitted and there is a dedicated right-turn lane, a bicyclist or operator of an electric scooter may ride on the left-hand portion of the dedicated right-turn lane even if the bicyclist or operator of an electric scooter does not intend to turn right. (b) A bicyclist or operator of an electric scooter shall not be expected or required to : (I) Ride over or through hazards at the edge of a roadway, including but not limited to fixed or moving objects, parked or moving - 12- Packet Pg . 358 vehicles, bicycles, pedestrians, animals, surface hazards or narrow lanes ; or (II) Ride without a reasonable safety margin on the right-hand side of the roadway. (c) A person operating a bicycle or operator of an electric scooter upon a one- way roadway with two (2) or more marked traffic lanes may ride as near to the left-hand curb or edge of such roadway as is reasonably prudent, subject to the following conditions : (1) If the left-hand lane then available for traffic is wide enough to be safely shared with overtaking vehicles, a bicyclist or operator of an electric scooter shall ride as far to the left as is reasonably prudent to facilitate the movement of such overtaking vehicles unless other conditions make it unsafe to do so. (II) A bicyclist or operator of an electric scooter shall not be expected or required to : (A) Ride over or through hazards at the edge of a roadway, including but not limited to fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or narrow lanes ; or (B) Ride without a reasonable safety margin on the left-hand side of the roadway. Section 17 . That Section 2105 of the Traffic Code is hereby amended to read as follows : 2105. - Turns. ( 1 ) (a) Except as otherwise provided in this Subsection ( 1 ), every person riding a bicycle or electrical assisted bicycle shall signal his or her intention to turn or stop in accordance with the provisions of Section 903 ; except that a person riding a bicycle, or—electrical assisted bicycle or electric scooter may signal a right turn with the right arm extended horizontally. (b) A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred ( 100) feet traveled by the bicycle, of--electrical assisted bicycle or electric scooter before turning and shall be given while the bicycle, or-electrical assisted bicycle or electric scooter is stopped waiting to turn. A signal by hand and arm need not be given continuously if the hand is needed in the control or operation of the bicycle or electrical assisted bicycle. - 13 - Packet Pg . 359 (2) (a) A person riding a bicycle, or-electrical assisted bicycle or electric scooter intending to turn left shall follow a course described in Sections 901 ( 1 ), 903 and 1007 or may make a left turn in the manner prescribed in Paragraph (b) of this Subsection (2) . (b) A person riding a bicycle, or-electrical assisted bicycle or electric scooter intending to turn left shall approach the turn as closely as practicable to the right-hand curb or edge of the roadway. After proceeding across the intersecting roadway to the far corner of the curb or intersection of the roadway edges, the bicyclist or operator of an electric scooter shall stop, as much as practicable, out of the way of traffic . After stopping, the bicyclist or operator of an electric scooter shall yield to any traffic proceeding in either direction along the roadway that the bicyclist had been using. After yielding and complying with any official traffic control device or police officer regulating traffic on the highway along which the bicyclist or operator of an electric scooter intends to proceed, the bicyclist or operator of an electric scooter may proceed in the new direction. (c) Notwithstanding the provisions of Paragraphs (a) and (b) of this Subsection (2), the City Traffic Engineer may cause official traffic control devices to be placed on roadways and thereby require and direct that a specific course be traveled and operators of bicycles, or-electrical assisted bicycles or electric scooters shall obey the directions of every such device . Section 18 . That Section 2106 of the Traffic Code is hereby amended to read as follows : 2106. - Sidewalks and trails. ( 1 ) A person riding a bicycle or electrical assisted bicycle upon and along a recreational trail shall yield the right-of-way to any pedestrian using the recreational trail and shall give an audible signal or verbal warning before overtaking and passing any such pedestrian. (2) (a) A person riding a bicycle, electrical assisted bicycle, or-shared mobility, as that term is defined in City Code Section 24- 178 , device or electric scooter upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. A person riding a bicycle in a crosswalk shall do so in a manner that is safe for pedestrians . (b) A person shall not ride a bicycle, electrical assisted bicycle, or—shared mobility device, or electric scooter upon and along a sidewalk or across a - 14- Packet Pg . 360 roadway upon and along a crosswalk where such use of a bicycles, Of electrical assisted bicycle or electric scooter is prohibited by official traffic control devices, signs designating a dismount zone, or local ordinances. A person riding a bicycle or electric assisted bicycle shall dismount before entering any crosswalk where required by official traffic control devices or ordinance. A person riding a shared mobility device, or—toy vehicle or electric scooter shall dismount before entering any crosswalk. (c) A person riding or walking a bicycle, or—electrical assisted bicycle or electric scooter upon and along a sidewalk or across a roadway upon and along a crosswalk shall have all the rights and duties applicable to a pedestrian under the same circumstances, including but not limited to the rights and duties granted and required by Section 802 . (d) Low-power scooters are restricted at all times from riding upon and along a sidewalk, or across a highway or street upon or along a crosswalk, except when the low-power scooter operator has dismounted the low- power scooter and is walking the low-power scooter under human power. (3 ) The rider of an electrical assisted bicycle shall not use the electrical motor on a bike or pedestrian path or on a recreational trail unless otherwise authorized by the City Code . Section 19 . That Section 2107 of the Traffic Code is hereby amended to read as follows : 2107. - Lights, reflectors and equipment. ( 1 ) Every bicycle, or-electrical assisted bicycle or electric scooter in use at the times described in Section 204 shall be equipped with a lamp on the front emitting a white light visible from a distance of at least five hundred (500) feet to the front. (2) Every bicycle, or-electrical assisted bicycle or electric scooter shall be equipped with a red reflector of a type approved by the State Department of Revenue, which shall be visible for six hundred (600) feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle . (3 ) Every bicycle, or-electrical assisted bicycle or electric scooter when in use at the times described in Section 204 shall be equipped with reflective material of sufficient size and reflectivity to be visible from both sides for six hundred (600) feet when directly in front of lawful lower beams of head lamps on a motor vehicle or, in lieu of such reflective material, with a lighted lamp visible from both sides from a distance of at least five hundred (500) feet. (4) Every bicycle, e�electrical assisted bicycle or electric scooter shall be equipped with a brake or brakes that will enable its rider to stop the bicycle , or—electrical - 15 - Packet Pg . 361 assisted bicycle or electric scooter within twenty-five (25 ) feet from a speed of ten ( 10) miles per hour on dry, level, clean pavement. (5) A bicycle, or—electrical assisted bicycle or electric scooter or its rider may be equipped with lights or reflectors in addition to those required by Subsections ( 1 ) through (3 ) of this Section. (6) No bicycle, or—electrical assisted bicycle or electric scooter shall be equipped with, nor shall any person use upon such a vehicle, a siren or whistle. (7) A person shall not knowingly modify an electrical assisted bicycle or electric scooter so as to change the speed capability or motor engagement of the electrical assisted bicycle or electric scooter without also appropriately replacing, or causing to be replaced, the manufacturer or distributor label, which is required after January 1 , 2018 , that contains the classification number, top assisted speed, and motor wattage of the electrical assisted bicycle or electric scooter. (8) An electrical assisted bicycle must comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Safety Commission and Codified at 16 CFR 1512 or its successor regulation. (9) A class 2 electrical assisted bicycle must operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied. Class 1 and Class 3 electrical assisted bicycles must be equipped with a mechanism or circuit that cannot be bypassed and that causes the electric motor to disengage or cease to function when the rider stops pedaling. ( 10) A class 3 electrical assisted bicycle must be equipped with a speedometer that displays, in miles per hour, the speed the electrical assisted bicycle is traveling. Section 20 . That Section 2108 of the Traffic Code is hereby amended to read as follows : 2108 . - Parking. ( 1 ) (a) A person may park a bicycle or electrical assisted bicycle on a sidewalk unless prohibited or restricted by an official traffic control device or local ordinance. (b) A bicycle or electrical assisted bicycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic . (c) A bicycle or electrical assisted bicycle may be parked on the road at any angle to the curb or edge of the road at any location where parking is allowed. - 16- Packet Pg . 362 (d) A bicycle or electrical assisted bicycle may be parked on the road abreast of another such bicycle or electrical assisted bicycle near the side of the road or any location where parking is allowed in such a manner as does not impede the normal and reasonable movement of traffic . (e) In all other respects, bicycles or electrical assisted bicycles parked anywhere on a highway shall conform to the provisions of Part 12 of this Traffic Code regulating the parking of vehicles . (f) Electric scooters may park only in conformance with Section 24- 179 of the City Code. Section 21 . That Section 2109 of the Traffic Code is hereby amended to read as follows : 2109. - Riding behavior. ( 1 ) A person riding a bicycle or electrical assisted bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto . (2) No bicycle, o�electrical assisted bicycle or electric scooter shall be used to carry more persons at one ( 1 ) time than the number for which it is designed and equipped. (3 ) No person riding upon any bicycle, or—electrical assisted bicycle or electric scooter shall attach the same or himself or herself to any motor vehicle upon a roadway. (4) A bicycle, or-electrical assisted bicycle or electric scooter shall not be equipped with, nor shall any person use upon a bicycle , or—electrical assisted bicycle or electric scooter, any siren or whistle . (5 ) A person operating a bicycle, or-electrical assisted bicycle or electric scooter shall keep at least one ( 1 ) hand on the handlebars at all times . Section 22 . That Section 2110 of the Traffic Code is hereby amended to read as follows : 2110. - Regulatory. ( 1 ) A person engaged in the business of selling bicycles , or electrical assisted bicycles or electric scooters at retail shall not sell any bicycle, or—electrical assisted bicycle or electric scooter unless the bicycle, or-electrical assisted bicycle or electric scooter has an identifying number permanently stamped or cast on its frame . - 17- Packet Pg . 363 (2) For the sake of uniformity of bicycle, or—electrical assisted bicycle or electric scooter safety rules throughout the State, the Colorado Department of Revenue, in cooperation with the Colorado Department of Transportation, shall prepare and make available to all local jurisdictions for distribution to bicycle , electrical assisted bicycle and electric scooter riders therein a digest of state regulations explaining and illustrating the rules of the road, equipment requirements and traffic control devices that are applicable to such riders and their bicycles, or electrical assisted bicycles or electric scooters . The City Traffic Engineer may supplement this digest with a leaflet describing any additional regulations of a local nature that apply within their respective jurisdictions . (3 ) Where suitable bike paths, horseback trails or other trails have been established on the right-of-way or parallel to and within one-fourth ( 1/4) mile of the right-of- way of heavily traveled streets and highways, the Colorado Department of Transportation may, subject to the provisions of Section 43 -2- 135 , C .R. S . , by resolution or order, and the City Traffic Engineer may, where suitable bike paths, horseback trails or other trails have been established on the right-of-way or parallel to it within four hundred fifty (450) feet of the right-of-way of heavily traveled streets, by ordinance, determine and designate, upon the basis of an engineering and traffic investigation, those heavily traveled streets and highways upon which shall be prohibited any bicycle, electric scooter, animal rider, animal- drawn conveyance or other class or kind of nonmotorized traffic which is found to be incompatible with the normal and safe movement of traffic, and, upon such a determination, the Colorado Department of Transportation or the City shall erect appropriate official signs giving notice thereof; except that with respect to controlled access highways, the provisions of Section 42 -4- 1010(3 ), C .R. S . , shall apply. When such official signs are so erected, no person shall violate any of the instructions contained thereon. Introduced, considered favorably on first reading, and ordered published this 4th day of June, A.D . 2019, and to be presented for final passage on the 2nd day of July, A.D . 2019 . Mayor Pro Tem ATTEST : City Clerk - 18- Packet Pg . 364 Passed and adopted on final reading on the 2nd day of July, A.D . 2019 . Mayor ATTEST : City Clerk - 19 - Packet Pg . 365 ORDINANCE NO . 083 , 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 24 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO PARKING OF ELECTRIC SCOOTERS WHEREAS , technology continues to create emerging forms of conveyances that have a direct impact on City sidewalks, streets, roadways and other infrastructure; and WHEREAS, the City must balance the interest of users of these new vehicles and conveyances with the safe and efficient use of City sidewalks, streets, roadways and other infrastructure by pedestrians and existing conveyances and vehicles ; and WHEREAS , the City previously adopted Ordinance No . 028 , 2019 , adding City Code Sections 24- 178 and 24- 179 , which directs where a shared mobility device may park on City streets and sidewalks and, WHEREAS subsequent to the passage of Ordinance No . 028 , 2019 , the Colorado Legislature passed House Bill 19- 1221 , which amends Colorado ' s Uniform Motor Vehicle Law to add a definition for the term "electric scooter" and sets forth provisions relating to the operation of electric scooters on streets and highways; and WHEREAS , the City Council wishes to regulate the parking of electric scooters consistent with the parking of shared mobility devices to further promote the 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. Section 2 . That Section 24- 178 of the Code of the City of Fort Collins is hereby amended to add the following definition, in alphabetical order: Sec. 24- 178. - Definitions Electric scooter shall mean a device weighing less than one hundred ( 100) pounds with handlebars and an electric motor that is powered by an electric motor and that has a maximum speed of twenty (20) miles per hour on a paved level surface when powered solely by the electric motion. Electric scooter does not include an electrical assisted bicycle, electric personal assistance mobility device (EPAMD), motorcycle, or low-power scooter. - 1 - Packet Pg . 366 Section 3 . That Section 24- 179 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 24-179. - Parking of shared mobility devices and electric scooters. (a) No person shall park, nor direct another to park, a shared mobility device or an electric scooter in any manner contrary to any law or contrary to any provision of this Article. (b) A user shall park shared mobility devices or an electric scooter upright on hard surfaces in the parkway, beside a bicycle rack, or in another area specifically designated for shared mobility device and electric scooter parking. (c) A user may not park shared mobility devices or an electric scooter in such a manner as to block the pedestrian zone area of the sidewalk, any fire hydrant, call box or other emergency facility, bus bench, or utility pole. (d) A user may not park shared mobility devices or an electric scooter in a manner that impedes or interferes with the reasonable use of any commercial window display, sign display, or access to or from any building. (e) A user may not park shared mobility devices or an electric scooter in a manner that impedes or interferes with the reasonable use of any bicycle rack or newsrack, or parkway that requires pedestrian access, including, but not limited to, benches, parking pay stations, and transit information signs . (f) A user may not park shared mobility devices or an electric scooter on blocks without sidewalks or in on-street parking spaces except in a designated shared mobility device or an electric scooter parking area. (g) A user may not park shared mobility devices or an electric scooter in the parkway directly adjacent to or within the following areas : ( 1 ) Transit zones, including, but not limited to, bus stops, shelters, passenger waiting areas, bus layover and staging zones, except at existing bicycle racks; (2) Loading zones ; (3 ) Disabled parking zones; (4) Curb ramps; (5 ) Entryways ; or (6) Driveways. -2- Packet Pg . 367 Introduced, considered favorably on first reading, and ordered published this 4th day of June, A.D . 2019, and to be presented for final passage on the 2nd day of July, A.D . 2019 . Mayor Pro Tern ATTEST : City Clerk Passed and adopted on final reading on the 2nd day of July, A.D . 2019 , Mayor ATTEST : City Clerk - 3 - Packet Pg . 368